1 UNITED STATES OF AMERICA DEPARTMENT OF
TRANSPORTATION FEDERAL AVIATION ADMINISTRATION WASHINGTON, DC

Regulatory Docket No. FAA

- 2007

- 0001

IN THE MATTER OF THE PETITION FOR EXEMPTION OF: 

# Richard Flores

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 + UNMANNED AIRCRAFT SYSTEMS

PURSUANT TO SECTION 333 OF

THE FAA MODERNIZATION AND REFORM ACT OF 2012 (PUBLIC LAW 112

- 95)

Submitted on June 25, 2015

Premier Property Inspection & Consulting

Richard Flores 4608 Vermont Ave McAllen, Texas 78503 (956)
878

- 6045 richard@premier

- rgv.com2 TABLE OF CONTENTS

Page GLOSSARY OF
ABBREVIATIONS ..................................................................................3

SUMMARY ............... ............................................................................. 4

INTRODUCTION AND INTERESTS Of PETIONER ......................................4
BACKGROUND....................................................................................... ..........5

BASIS FOR PETI TION.......... ............................................................................ 5

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

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

THE SPECIFIC SECTIONS OF 14 C.F.R. FROM WHICH P remier Property Inspection & Consulting SEEKS EXEMPTION

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

THE EXTENT OF RELIEF Premier Property Inspection & Consulting SEEKS AND
THE REASON Premier Property Inspection & Consulting SEEKS THE

RELIEF............... ...............

........... ..................... 11

THE REASONS WHY GRANTING Prem ier Property Inspection & Consulting’s REQUEST WOULD BE IN THE PUBLIC INTEREST

............. .......... .................. ................................. 15

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

SUMMARY THAT CAN BE PUBLI SHED IN THE FEDERAL REGISTER. .... 35
CONCLUSION ....................

.................... ............................................................... 35
EXHIBITS..................................................

........................ .................. ....................36

23 GLOSSARY OF ABBREVIATIONS

**AGL** Above Ground Level

**AOI** Area of Interest

**ATC** Air Traffic Control

**ATO** Air Traffic Organization

**AV** Aerial Vehicle

**CFR** Code of Federal Regulations

**COA** Certificate of Authorization

**FAA** Federal Aviation Administration

**FAR** Federal Aviation Regulation

**GCS** Ground Control Station

**GPS** Global Positioning System

**LOL** Loss of Link

**NAS** National Airspace System

**NOTAM** Notice to Airman

**PIC** Pilot In Command

**FAA** Modernization and Reform Act of 2012 (FMRA) Section 333 SO Safety
Observer

**SOP** Standard Operating Procedures

**UAS** Unmanned Aircraft Unmanned Aircraft System

**VFR** Visual Flight Rules

**VLOS** Visual Line of Site

**VMC** Visual Meteorological Conditions

**VTOL** Ve rtical Takeoff and Landing4 **SUMMARY**

Premier Property Inspection & Consulting 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 (FMRA). This exemption will permit Premier Property Inspection & Consulting to operate an Unmanned Aircraft System (UAS) for the commercial purpose of conducting aerial inspection and photography of construction sites, real estate, Non

- Profit and other community special events in and around Hidalgo County in Texas

INTRODUCTION A ND INTERESTS OF THE PETITIONER

Premier Property Inspection & Consulting (Hereinafter referred to as “Premier Property Inspection Services”) Premier Property Inspection & Consulting provides its clients with affordable highest quality digital content for u se in their commercial, personal, and oth er photography related projects

. Premier Property Inspection & Consulting has over 4 years recreational/hobby experience in all aspects of RC Aircraft, Quadcopters and other small UAS’s. The objective of Premier Pro perty Inspection & Consulting aerial video and photography operations is to provide high quality imaging for a variety of commercial, public, and residential uses, specifically targeting:

• Aerial Real Estate photography

• Aerial Real Estate Video

• Aerial Photography Of Roofs For Inspection P urposes5 **BACKGROUND**

Unmanned Aircraft Systems: DJI Phantom 3

Premier Property Inspection & Consulting seeks an exemption to operate DJI systems for compensation or hire within the NAS. The DJI Phantom 3 is 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 3 has a maximum gross weight of approximately 2 pounds 11 ounces, while having a length of 16 inches width of 16 inches, height of 8 inches, and a maximum speed of approximately 29 knots. The DJI Phantom 3 UAS is equipped with four main

rotors ; driven by Lithium Polymer battery powered electric motors.

The DJI Phantom 3 UAS that will be operated by Premier Property Inspection & Consulting will be registered in accordance with 49 U.S.C. 44103, Registration of Aircraft, as well as 14 C.F.R

Part 47, Aircraft Registration, and marked in accordance with 14 C.F.R. Part 45,

Identification and Registration Marking.

**BASIS FOR PETITION**

Petitioner, Premier Property Inspection Services, pursuant to the provisions of the Federal Aviation Regulations (14 C.F.R. § 11.61) and the FAA Modernization and Reform Act of 2012 (FMRA), Section 333, Special Rules for Certain Unmanned Aircraft Systems, hereby petitions the Administrator to commercially operate the DJI Phantom 3 UAS in the National Airspace System (NAS), and for an exemption from the requirements of 14 C.F.R §§ 61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a )(1) & (a)(2), and 91.417(a) & (b).6 In consideration of the speed, weight, size, and limited operating area associated with the unmanned aircraft and its operation, Premier Property Inspection & Consulting operation of
DJI Phantom 3 UAS meets the conditio ns of FMRA Section 333 and therefore, will not require an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H.

Accordingly, Premier Property Inspection & Consulting requests relief from Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b), as these sections set forth requirements for maintenance that only apply to aircraft with an
airworthiness certificate.

Premier Property Inspection & Consulting submits that the requested relief is proper since an equivalent level of safety will always be ensured (see Exhibit D). Premier Property Inspection & Consulting will use licensed technicians or the manufacturers service centers to perform maintenance, alterations, or preventive maintenance on the UASs using the method s, techniques, and practices prescribed in the operating documents (i.e., Monthly Maintenance Log, and DJI Phantom 3 Instruction Manual). Furthermore, Premier Property Inspection & Consulting will
document and maintain all maintenance records for the DJI

P hantom 3 UAS.

Relief from certain requirements of Section 61.113(a) and (b), entitled Private pilot privileges and limitations: Pilot in command, is requested by Premier Property Inspection & Consulting to the extent necessary to allow a Pilot in Command (PIC) holding a private pilot or higher level certificate, as well as an airman medical certificate, and who has demonstrated, by meeting minimum flight

- hour and currency requirements, that the PIC is able to safely operate the DJI Phantom 3 UAS in a mann er consistent with this exemption, including evasive and emergency maneuvers and maintaining appropriate distances from people, vessels, vehicles and structures.7 Premier Property Inspection & Consulting seeks relief from Section 91.7(a), entitled Civil ai rcraft airworthiness, because the DJI Phantom 3 UAS do not require an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H. As such, Premier Property Inspection & Consulting submits that it will ensure that
the DJI Phantom 3 UAS are in an airworthy condition, prior to every flight, by determining that the UASs are in compliance with the operating documents (i.e., Monthly Maintenance Log, and DJI Phantom 3 Instruction Manual), and that the aircraft are in a condition for safe flight.

Pr emier Property Inspection & Consulting also seeks an exemption from the requirements of Section 91.121, entitled Altimeter Settings, as the DJI Phantom 3 UA will not have a typical barometric altimeter onboard. However, altitude
information of the DJI Phan tom 3 UA 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 Premi er Property In spection & Consulting’s operation of the DJI Phantom 3 UAS within visual line of sight, at or below 400 feet AGL, will ensure a level of safety equivalent to Section 91.121 and our additional safety requirements as outlined in Exhibit D..

Ad ditionally, Premier Property Inspection & Consulting seeks an exemption from the requirements of Section 91.151(b), entitled Fuel requirements for flight in VFR conditions. Premier Property Inspection & Consulting submits that safety will not be affected by operation of the DJI Phantom 3 UA during daylight hours in visual meteorological conditions (VMC) under visual flight rules (VFR), with enough battery power to fly for a total duration of approximately 13.5 minut es to the first point of intended landing and, assuming normal cruising speed, to fly after
that for at least 4.5 minutes.8 In accordance with 14 C.F.R. § 11.81, Premier Property Inspection & Consulting 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 as
follows:

RICHARD FLORES

4608 Vermont Ave

McAllen, Texas 78503

email: richard@premier

- rgv.com

**B. The Specific Sections Of 14 C.F.R. From Which Premier**  **Property Inspection & Consulting Seeks Exemption.** 

**1. Premier Property Inspection & Consulting**  **Seeks Exemption From The Requirements Of Section 61.113(a) And (b).** 

Section 61.113, entitled Private pi lot 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

passengers or prop erty for compensation or hire; nor may that person, for compensation or hire, act as PIC of an aircraft.

(b) A private pilot may, for compensation or hire, act as PIC of an aircraft in connection with any business or employment
if

—
(1) The flight is only incidental to that business or employment; and9 (2) The aircraft does not carry passengers or property for compensation or hire.

**2. Premier Property Inspection & Consulting**  **Seeks Exemption From The Requirements Of Section 91.7(a).** 

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

**3. Premier Property Inspection & Consulting**  **Exemption From The Requirements Of Se**  **ction 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) there is no station within the area prescribed in paragra ph (a)(1)(i) of this section, the current reported altimeter setting of an appropriate available station; or

(iii) the case of an aircraft not equipped with a radio, the elevation of the departure airport or an appropriate altimeter setting available befo re departure.

**4. Premier Property Inspection & Consulting**  **Exemption From The Requirements Of Section 91.151(b).** 

Section 91.151, entitled Fuel requirements for flight in VFR10 conditions, subsection (b), states the following:

(b) No person may begin a flig ht in a rotorcraft under VFR conditions unless (considering wind and forecast weather conditions) there is enough fuel to fly to the first point of intended landing and, assuming normal cruising speed, to fly
after that for at least 20 minutes.

**5. Premier**  **Property Inspection & Consulting Exemption From**  **The Requirement Of Section 91.405(a).**

Section 91.405, entitled Maintenance required, subsection (a), states the following:

Each owner or operator of an aircraft

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

**6. Premier Property Inspection & Consulting**  **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
main tenance, preventive maintenance, rebuilding, or
alteration unless

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

**7. Premier Property Inspection & Consulting**  **Seeks Exemption From The Requirements Of**  **Sections 91.409(a)(1) And**11 **91.409(a)(2).**

Section 91.409, entitled Inspections, subsection (a), states the following: (a) Except as provided in paragraph (c) of this section,
no person may operate an

aircraft unless, within the preceding 12 calendar month s, 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 authorized by § 43.7 of this chapter; or

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

**8. Premier Property Inspection & Consulting**  **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) Excep t 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
altera tion and records of the 100

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

--

(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; and12 (iii) The signature, and certificate number of the person approving the aircraft for return to service.

(2) Records containing the following information:

(i) The total time in service of the airframe, each engine, each propeller, and each rotor.

(ii) The current status of life

- limited parts of each airframe, engine, propeller, rotor, and appliance.

(iii) The time since last overhaul of all items installed on the aircraft which are required to be overhauled on a specified time basis.

(iv) The current inspection status of the aircraft, including the time since the last inspection required by the inspe ction program under which the aircraft and its appliances are maintained.

(v) The current status of applicable airworthiness directives (AD) and safety directives including, for each, the method of compliance, the AD or safety
directive number and revisio n date. If the AD or safety directive involves recurring action, the time and date when the next action is required.

(vi) Copies of the forms prescribed by § 43.9(d) of this chapter for each major alteration to the airframe and currently installed engi nes, rotors, propellers, and appliances.

(b) The owner or operator shall retain the following records for the periods prescribed:

(1) The records specified in paragraph (a)(1) of this section shall be retained until the work is repeated or superseded by other work or for 1 year after the work is performed.13 (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 owne r 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 Premier Property Inspection &**  **Consulting Seeks And The Reason**  **Premier Property Inspect**  **ion & Consulting Seeks The Relief.** 

**1. Extent Of Relief Premier Property Inspection &**  **Consulting Seeks And The Reason**  **Premier Property Inspection & Consulting**  **Seeks Relief From Section 61.113(a) And (b).** 

Relief from Section 61.113(a) and (b) entitled Priv ate pilot privileges and limitations: Pilot in command, is requested to the extent necessary to allow a PIC holding a private pilot or higher level certificate, as well as a current and valid airman medical certificate, and who has met certain flight

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

This relief is requested since the limitations set forth in Section 61.113(a) and (b) state that a private pilot may, for compensation or hire, act as PIC o f an aircraft in connection with any business or employment if: (1) The flight is only incidental to that business or employment; and (2) The aircraft does not carry passengers or property for compensation or hire.

As set forth more fully below, Premier P roperty Inspection & Consulting submits that an equivalent level of safety will be maintained because no PIC will be allowed to operate the DJI Phantom 3 other than the person listed as Richard Flores, who has14 4 + years’ experience in RC/VAV operation. In addition all flights must full under the safety guidelines of Exhibit D, which will be updated as new FAA guidelines take place.

Further, Premier Property Inspection & Consulting submits that all flights of the DJI Phantom 3 UAS, conducted by the PIC pursuant to the grant of this Petition: (1) will be incidental to Premier Property Inspection & Consulting business; and (2) will not carry passengers, packages or property for compensation or
hire.

**2. Extent Of Rel ief**  **Premier Property Inspection & Consulting**  **Seeks And The Premier Property Inspection**  **& Consulting 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 Premier Property Inspection & Consulting to determine that the DJI Phantom 3 UAS are in airworthy condition prior to every flight by ensuring that the UAS is in compliance with the operating documents (i.e., the Premier Property Inspection & Consulting Aerial Oper ations Manual, Monthly Maintenance Log, and DJI Phantom 3 Instruction Manual).

Premier Property Inspection & Consulting seeks the requested relief because the DJI Phantom 3 UAS do not require an
airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H. Therefore, Premier Property Inspection & Consulting will ensure that the DJI Phantom 3 UAS are in airworthy condition based upon its compliance with the operating documents (i.e., Monthly Maintenance Log, and DJI Phantom 3 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 Premier Property Inspection & Consulting** 15 **Seeks And The Reason Premier Property Inspection &**  **Consulting Seeks Relief From Section 91.121.** 

Relief from Section 91.121, entitled Altimeter settings, may be required to allow flight operations of the DJI Phantom 3 UAS, which utilize a barometric pressure sensor, GPS equipm ent, 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 contr ol (ATC) in feet above ground level (AGL), Premier Property Inspection & Consulting seeks the requested relief because the DJI Phantom 3 UA’s 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 proposed operations, relief from 14 CFR 91.121 is sought to the extent necessary to comply with the applicable conditions and limitations stated below. As more fully set forth herein, an equivale nt level of safety will be maintained since the DJI Phantom 3 UAS are 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 UA on the heads

- up display of the GCS.

**4. Extent Of Relief Premier Property Inspection &**  **Consulting Seeks And The**  **Premier Property Inspection & Consulting**  **Relief From Section 91.151(b).**

Relief from Section 91.151(b) e ntitled Fuel requirements for flight in VFR conditions, is requested to the extent required to allow flights of the battery powered DJI Phantom 3 UAS during daylight hours in visual meteorological conditions (VMC), under visual flight rules (VFR), for a to tal duration of 13.5 minutes to the first point of intended landing and, assuming normal cruising16 speed, to fly after that for at least 4.5 minutes. Premier Property Inspection & Consulting seeks the requested relief because without an exemption from Secti on 91.151(b), the flight time duration of the battery powered DJI Phantom 3 UA will severely constrain the practicality of any aerial video or still photo flight operations that Premier Property Inspection & Consulting proposes to conduct pursuant to this Petition.

Significantly, as set forth below, the technical specifications of the DJI Phantom 3 UAS, the DJI Phantom 3 operating documents, and Premie r Property Inspection & Consulting proposed operating limitations, ensure that Premier Property Inspectio n & Consulting will safely operate the battery powered DJI Phantom 3 UAS during daylight hours in visual meteorological conditions (VMC), under visual flight rules (VFR), with enough battery power to fly for a total duration of 13.5 minutes to the first po int of intended landing and, assuming normal cruising speed, to fly after that for at least 4.5 minutes.

**5. Extent Of Relief Premier Property Inspection &**  **Consulting Seeks And The Reason**  **Premier Property Inspection & Consulting**  **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, Premier Property Inspection & Consulting requests relief from these Sections because the DJI Phantom 3 UAS does not require airworthiness certificates. As set forth more fully below, the DJI Phantom 3 UAS meets the conditions of FMRA Section 333 for operation without an
airworthiness certificate. Accordingly, Premier Property Inspection & Consulting will use trained technicians to perform maintenance, alterations, or preventive maintenance on the UASs using the methods, techniques, and practices prescribed in the UAS17 operating documents (i.e., the Aerial Operations Manual, Monthly Maintenance Log, and DJI Phantom 3 Instruction Manual). Furthermore, Premier Property Inspection & Consulting will
document and maintain all maintenance records for the DJI
Phantom 3 UAS.

**D. The Reasons Why Granting Prem**  **ier Property Inspection & Consulting**  **Request Would Be In The Public Interest; That Is,**
**How It Would Benefit The Public As A Whole.**

Granting the present Petition will further the public interest by allowing Premier Property Inspection & Consulting to safel y, efficiently, and economically perform aerial video and photography for Non

- Profit and Community Organizations, as well as, pursue revenue for a Small Business in the USA as we provide commercial services for Homes and Land for sale, Places of Lodging, G olf Courses, and other commercial properties seeking the described services for marketing pur poses over certain areas of the Rio Grande Valley, Texas and the surrounding areas.

Additionally, use of the DJI Phantom 3 UAS will decrease congestion of the NAS and reduce pollution, since past aerial photography required large manned aircraft for extended periods of time. Notably, the benefits of Premi er Property Inspection& Consulting’ s proposed operation of the DJI Phantom 3 UAS will be realized without implic ating any privacy issues.

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

The DJI Phantom 3 UA are battery powered and serve as a safe, efficient, and economical alternative to the manned aircraft traditionally utilized to obtain aerial imagery. By reducing the amount of manned aircraft needed to perform aerial acquisitions, an exemption allowing the use of a DJI Phantom 3 UAS would reduce the amount of manned aircraft in the NAS, reduce noise and18 air pollution, as well as increase the sa fety of life and property in the air and on the ground (as outlined in Exhibit D).

Furthermore, by reducing the number of manned aircraft operating in the NAS, congestion around airports caused by arriving and departing aircraft will be reduced. The DJI P hantom 3 UA do not require an airport to takeoff or land. Likewise, a reduction 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, depar ture, arrival, and landing phases of flight operations.

**2. The Public Will Benefit From The Safety And Effici ency Of The DJI Phantom 3 UAS.** 

Conducting aerial acquisitions with the DJI Phantom 3 UAS, instead of manned aircraft, will greatly benefit the p ublic by drastically reducing the levels of air and noise pollution generated during traditional aerial video and still photography flight operations. By using battery power and electric motors, the DJI Phantom 3 UAS produce no air pollution, and is the mo st viable environmentally conscious alternative to the cabin class, six cylinder 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. T he DJI Phantom 3 UA, while reducing the carbon footprint of aerial acquisitions, also eliminates noise pollution, as the UAS are propelled by battery powered electric motors, rather than an internal combustion engine.

By using the DJI Phantom 3 UAS to per form 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 the lack of flight crew members located onboard the aircraft, the DJI Phantom 3 UA (weighing19 approximately 2 pounds 11 ounces and 6 pounds 7.5 ounces respectively, at their maximum gross weights with lengths of 16 inches and 17.3 inches respectively, widths of 16 inc hes and 17.7 inches respectively, and with no fuel on board), has less physical potential for collateral damage to life and property on the ground, and in the air, compared to the manned aircraft that typically conduct similar operations (weighing approxim ately 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 3 UAS Will Benefit Non** 

**- Profit**  **and Community Organizations.**

A s stated earlier in this petition, Premier Property Inspection & Consulting provides free services to Non

- Profit and Community Organization that normally could not afford to have their event or site professionally photographed. There the Hidalgo County, T exas community and surrounding area benefits.

**4. Performing Aerial Video and Photography Operations with The DJI Phantom 3 UAS Will Benefit The Economy.** 

In addition to being safe and efficient, the DJI Phantom 3 is
also an economical alternative to usin g manned aircraft to conduct similar aerial operations. As such, operation of the DJI Phantom 3 UAS will allow United States based companies, like Premier Property Inspection Services, to remain competitive and contribute to growth of the U.S. economy. Spe cifically, 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 competitiv e. 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 high20 operational cost of a traditional manned ai rcraft.

By operating the DJI Phantom 3 UAS, companies such as Premier Property Inspection Services, can remain competitive and profitable, and therefore, provide greater job stability to employees and contractors, which will ultimately contribute to growt h of
the U.S. economy. Improved financial performance of U.S. companies, through commercial use of the DJI Phantom 3 UAS, provides a stable workforce that increases consumer spending; improves local, state, and federal tax revenues; and allows companies to invest in research and development in order to remain competitive both in the United States and abroad.

**5. There Are No Privacy Issues.**

Similar to the manned aerial acquisition flight operations that have been conducted for decades, Premier Property Inspection & Consulting proposed operation of the DJI Phantom 3 UAS will not implicate any privacy issues. Specifically, the DJI Phantom 3 UAS will be operated only in compliance with operating documents (i.e., the Premier Property Inspect ion & Consulting Aerial Operations Manual, Monthly Maintenance Log, and DJI Phantom 3 Instruction Manual) which requires property owner involvement as well as local law enforcement notification, and in accordance with the Federal Aviation Regulations, incl uding the minimum altitude requirements of 14 C.F.R. § 91.119.

**E. The Reasons Why Granting The Exemption Would Not Adversely Affect Safety, Or How The Exemption Would**  **Provide A Level Of Safety At Least Equal To That Provided By The Rule From Which**  **Premier Property Inspection &**  **Consulting Seeks Exemption.** 

**1. Reasons Why The DJI Phantom 3 UA Meet The**
**Conditions Of The FAA Modernization and Reform Act of 2012 (FMRA) Section 333.** 21 In consideration of the size, weight, speed, and limited operating area associa ted with the unmanned aircraft and its operation, Premier Property Inspection & Consulting operation of
the DJI Phantom 3 UAS meet the conditions of FMRA Section 333, and will not require an airworthiness certificate in accordance with 14 C.F.R. Part 21, S ubpart 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 secu rity. Specifically, FMRA Section 333 states the following, in part:

(a) In General.

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

(b) Assessment of Unmanned Air craft Systems.

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

at a minimum

--
(1) which types of unmanned aircraft systems, if any, as a result of their size, weight, speed, operational capability, proximity to airports a nd populated areas, and operation within visual line of sight do not create a hazard to users of the national airspace system or the public or pose a threat to national security; and

(2) whether a certificate of waiver, certificate of authorization, or ai rworthiness certification under section 44704 of title 49, United States Code, is required for the operation of unmanned aircraft systems identified under22 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.

In seeking this exemption, Premier Prope rty Inspection & Consulting submits that the DJI Phantom 3 UAS can operate safely in the NAS pursuant to FMRA Section 333, as demonstrated by: (a) the characteristics of the DJI Phantom 3 UAS; (b) the pilot certification requirement; and (c) the specific o perating limitations.

**a. The Specifications Of The DJI Phantom 3 UAS**
**Demonstrate Its Safe Characteristics**

.

The DJI Phantom 3 UAS does not create a hazard to users of the NAS or the public, or otherwise pose a threat to national security considering its s ize, weight, speed, and operational capability.

**i. Technical Specifications Of The DJI Phantom 3 UAS.**

The technical specifications of the DJI Phantom 3 UAS is set forth by the DJI Phantom 3 Specifications and Data Sheet, attached
hereto as Exhibit A.

**ii. The DJI Phantom 3 UAS Autonomous Flight And Navigation Modes Enable The UAS To Remain Within A**  **Defined Operational Area.**

The DJI Phantom 3 UAS may be operated in both manual and fully autonomous flight modes. A complete description of the flight and n avigational modes of the DJI Phantom 3 UAS is provided at pages 25

- 32 of the DJI Phantom 3 User Manual,
attached hereto as Exhibit B.23 **iii. The DJI Phantom 3 UAS Are Designed For Automatic**
**Return To Home Point Or Hover In The Event Of Loss**
**Of The Control L ink Or Navigation.** 

When the Control Link is lost, the DJI Phantom 3 UA will remain stationary, in flight, for 3 seconds or more. If, after 3 seconds, the DJI Phantom 3 UA does not reacquire control link data from the GCS, the UA will assume that the Contr ol Link is lost and the UA will return to the home position (i.e., failsafe mode) via GPS, and will descend to the takeoff position and
shutdown.

A complete description of the Failsafe Functions of the DJI Phantom 3 UAS are set forth at pages 27 through 2 8 of the DJI Phantom 3 User Manual, attached hereto as Exhibit B.

**iv. The DJI Phantom 3 GCS And Its Operation.**

A complete description of the operation and specifications of the DJI Phantom 3 GCS and flight control software is provided at pages 32 through 43 of the DJI Phantom 3 User Manual. DJI
Phantom 3 User Manual is attached hereto as Exhibit B.

**b. Flight Opera tions Of DJI Phantom 3 UAS Are Limited**  **To The Line Of Sight Of A Certificated Pilot in Command With A Safety Observer.** 

Premier Property Inspection & Consulting will only utilize certificated pilots who possess a current and valid airman medical
certificat e to act as a pilot in command (PIC) of the DJI Phantom 3 UAS. Additionally, a safety observer will assist all pilots during flight time. And the guidelines exhibited in D, will be followed at
all

- times ensuring the safety of all involved.

**c. Flights Of D JI Phantom 3 UAS Will Be Conducted**  **Pursuant To Specific Operating Limitations.**24 In seeking this exemption, proposes to commercially operate DJI Phantom 3 UAS for the special purpose of conducting aerial video and photography over certain areas of Oneida Co unty and surrounding areas, 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 po unds maximum gross weight: DJI Phantom 3 Unmanned Aircraft System. 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 th e purpose of aerial video and photography.
3. The UAS may not be flown at an indicated airspeed exceeding 20 knots
4. The UA must be operated at an altitude of no more than

4 00 feet above ground level (AGL), as indicated by the procedures specified in the oper ating 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
able to use human vis ion 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.

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 during25 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. T he 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 gran t 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 do cuments, 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 doc uments. 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) m ay 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 saf e operation of the UAS, the aircraft is prohibited from operating until the necessary maintenance has been26 performed and the UAS is found to be in a condition for safe flight. The Ground Control Station must be included in the preflight inspection. All mai ntenance 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 undergo a f unctional test flight. The PIC who conducts the functional test flight must make an entry
in the aircraft records.
12. The pre

- flight inspection must account for all potential discrepancies, e.g. inoperable components, items, or equipment, not already covered in the relevant sections of the operating documents.
13. The operator must follow the UAS manufacturer’s aircraft/component, maintenance, overhaul, replacement, inspection, and life limit requirements.
14. The operator must carry out its maintenance,
i nspections, and record keeping requirements, in accordance with the operating documents. Maintenance, inspection, alterations, and status of replacement/overhaul component parts must be noted in the aircraft records, including total time in service, descri ption of work accomplished, and the signature of the authorized person returning the UAS to service.
15. Each UASs operated under this exemption must comply with all manufacturer Safety Bulletins.
16. The authorized person must make an entry in the
aircraft re cord of the corrective action taken against discrepancies discovered between inspections.
17. The PIC 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 PIC meets the operator’s qualification criteria and demonstrates the ability to safely operate the UAS in a27 manner consistent with how the UAS will be operated under the exemption, including evasive and emergency maneuvers and maintaining approp riate 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 purpose 2 s 3 of training the operator’s PICs are permitted under the terms of the exemption. However, training operations may only be conducted during dedicated training sessions. During training, proficiency, and experience

- building flights, all persons not essential for flight operations are considered nonparticipants, and the PIC mus t 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. § 19.1. All operations must be conducted under visual meteorological condition s (VMC). If flight at night is required, a special request will be made
at the FAA office closest to proposed area of operations. Flights under special visual flight rules (SVFR) are not
authorized.
20. The UA may not operate within 5 nautical miles of an
air port reference point as denoted on a current FAA

published aeronautical chart unless a letter of agreement with that airport’s management is obtained, and the operation is conducted in accordance with a NOTAM as required by the operator’s COA. The letter o f 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 t he PIC.
22. If the UA loses communications or loses its GPS signal, it must return to a pre

- determined location within the planned operating area and land or be recovered in28 accordance with the operating documents.
23. The PIC must abort the flight in the eve nt of unpredicted obstacles or emergencies in accordance with the operating documents.
24. The PIC is prohibited from beginning a flight unless (considering wind and forecast weather conditions) there is enough power to fly at normal cruising speed to the
in tended 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 any operations under the grant of exemption. This CO A will also require the operator to request a Notice to Airman (NOTAM) not more than 72 hours in advance, but not less than 48 hours prior to the operation. All operations shall be conducted in accordance with airspace requirements in the ATO issued COA
in cluding class of airspace, altitude level and potential transponder 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

- Num ber) 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 m 2 u 4 st comply with the Federal Communications Co mmission (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 operating. These
documents must be made available to the ad ministrator or any law enforcement official upon request.29 29. Premier Property Inspection & Consulting abides and enforces the safety checklist to as exhibited in section D to ensure that we provide safety for everyone in and near to the site..
30. The UA must remain clear and yield the right of way to all manned aviation operations and activities at all times.
31. The UAS may not be operated by the PIC from any moving device or vehicle.
32. Flight operations must be conducted at least 400 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 suffici ently 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 protection an d are within 500 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
PIC has made a safety assessment of the risk of operating closer to those objects and determined that it does not present an undue hazard, and;

c. Operations nearer to the PIC, SO, operator trainees or essential persons do not present an undue hazard to those pe rsons per § 91.119(a).

33. All operations shall be conducted over private or
controlled

- access property with permission from the land30 owner/controller or authorized representative. Permission from land owner/controller or authorized representative
will be ob tained for each flight to be conducted.
34. Any incident, accident, or flight operation that transgresses the lateral or vertical boundaries of the operational area as defined by the applicable COA must be reported to the FAA's UAS Integration Office (AFS

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

.

**2. Reasons Why An Exemption From The Requirements Of Section 61.113(a) And (b) Would Not Adver**  **sely Affect Safety.**

Premier Property Inspection & Consulting submits that the equivalent level of safety established by Section 61.113(a) and (b) will be maintained because no PIC will be allowed to operate the
DJI Phantom 3 UAS unless that PIC has demons trated, by meeting minimum flight

- hour and currency requirements, that the PIC is able to safely operate the DJI Phantom 3 UAS in a manner consistent with the exemption, including evasive and emergency maneuvers and maintaining appropriate distances from people, vessels, vehicles and structures.

Considering Premier Property Inspection & Consulting proposed area of operations, and the operating limitations set forth

above; the parallel nature of private pilot aeronautical knowledge requirements to those of commercial pilot requirements (See Exemption No. 11062); and the airmanship skills necessary to safely operate the DJI Phantom 3 UAS, Premier Property Inspection & Consulting submits that the additional manned airmanship experience of a commercially certi ficated pilot would not correlate to the airmanship skills necessary for Premier Property Inspection & Consulting specific proposed flight31 operations.

The FAA has previously granted relief from Section 61.113(a) and (b) specific to UAS, in circumstances s imilar, 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). Premier Property Inspection & Consultin g will not allow any PIC to operate the DJI Phantom 3 UAS unless that PIC has demonstrated, by meeting minimum flight

- hour requirements or the DJI Phantom 3 UAS training and currency requirements, that the PIC is able to safely operate the DJI Phantom 3 UA S in a manner consistent with this exemption, including evasive and emergency maneuvers and maintaining appropriate distances from people, vessels, vehicles and structures. Specifically, the PIC must have accumulated and logged, in a manner consistent with 14 C.F.R. § 61.51(b), 25 hours of total time as a UAS rotorcraft pilot (with a minimum of 5 hours of those hours as a UAS pilot operating the same make and model of UAS to be used for operations under the exemption). In addition to the hour requirements, the PIC must accomplish 3 takeoffs and landings in the preceding 90 days (for currency purposes).

As in Exemption Nos. 11062, 11138, and 11153, prior documented flight experience that was obtained in compliance with applicable regulations will ensure an e quivalent level of safety during Premier Property Inspection & Consulting proposed operations. The Administrator has held that prior documented flight experience that was obtained in compliance with applicable regulations would ensure safe operations, stat ing as follows:

In Exemption No. 11062, the FAA required that prior to conducting operations for the purpose of motion picture filming (or32 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 also have accumulated and logged a minimum of 5 hours as a UAS pilot operating th e same make and model of UAS to be used for operations under the exemption. For clarification, the FAA considers these minimum hour requirements to be inclusive rather than additive; i.e. 5 hours make and model time may be included in the 10 hours of multi

rotor time and the 10 hours may be included in the total 25 hours of UAS rotorcraft time. In addition to the hour requirements, the PIC must accomplish 3 takeoffs and landings in the preceding 90 days (for currency purposes). The FAA finds that at a minim um, the flight

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

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

- building flights the PIC is required to operate the UA with appropriate distances in accordance with 14 C.F.R 91.119. Exemption No. 11138 at page 15.

Accordingly, Premier Property Inspection & Consulting will ensure safe operations by not allowing any PIC to operate the DJI Phantom 3 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 3 UAS in a manner
consis tent with the exemption, including evasive and emergency maneuvers and maintaining appropriate distances from people, vessels, vehicles and structures.33 **3. Reasons Why An Exemption From The Requirements Of Section 91.7(a) Would Not Adversely Affect Safety.** 

Premier Property Inspection & Consulting requires a tight set of rules that follow best practices and FAA requirements and guidelines (Exhibit D).

The equivalent level of safety established by Section 91.7(a) will be maintained because prior to every flight, plus Premier Property Inspection & Consulting also requires the safety checklist in
Exhibit D that ensures that the DJI Phantom 3 UAS is in an

a irworthy condition based upon the UAS’s compliance with its operating documents and as stated in the conditions and limitations
herein.

Additionally, the FAA has previously granted relief from Section 91.7(a) specific to UAS, in circumstances similar, in all material respects, to those presented herein (e.g. Exemption Nos. 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110, 11112, 11136, 11138, 11150, 11153, 11156, 11157, 11158, 11159, 11160, 11161).

**4. Reasons Why An Exemption From The Require ments Of**  **Section 91.121 Would Not Adversely Affect Safety.**

As outlined in Exhibit D, Premier Property Inspection & Consulting fly’s only under a very set rules.

We believe these rules include and go beyond current FAA guidelines. Therefore, the equivalen t level of safety established by
Section 91.121 will be maintained because the altitude information of the DJI Phantom 3 UA will be provided to the PIC via GPS equipment and a radio communications telemetry data link, which
downlinks from the UA to the GCS for active monitoring of the flight path and altitude. This altitude information, combined with
Premier Pr operty Inspection & Consulting’s operation of the DJI Phantom 3 UA within visual line of sight, at or below 500 feet34 AGL, will ensure a level of safe ty equivalent to Section 91.121. The altitude information will be generated by GPS equipment installed onboard the aircraft. Prior to each flight, a zero altitude initiation point is automatically established by the UASs at ground
level.

The FAA has pr eviously 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, 11064, 11065, 11066, 11067, 11080, 11109, 11112, 11136, 11138, 11150, 11153, 11156 , 11157, 11158, 11159, 11160, 11161).

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

A grant of this exemption would ensure an equivalent level of safety established by 14 C.F.R. Section 91.151(b ) as a result of (1) the technical specifications of the DJI Phantom 3 UAS; (2) the limitations on the proposed flight operations; and (3) the location of the proposed flight operations. Accordingly, Premier Property Inspection & Consulting will ensure tha t it will safely operate the battery powered DJI Phantom 3 UA during daylight hours in VFR conditions, with enough battery power to fly for a total duration of 13.5 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 specifications of the DJI Phantom 3 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 3 UAS provide audible and visual warnings to the PIC at the GCS when the UAS experiences low battery voltage, the first warning occurring at approxim ately 33% remaining battery power, and again at approximately 10% remaining battery power. At the critically low battery level, the DJI Phantom Vision+ UAS will35 descend and land automatically.

Significantly, previous exemptions granted by the FAA
concerni ng 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 specific to UAS, in circumstances similar, in all material respects, to those presented herein (e.g. Exemption Nos. 8811, 10808, 1 0673, 11042, 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110, 11136, 11138, 11150, 11153, 11156, 11157, 11158, 11159, 11160, 11161).

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

In seeking this exemption, Premier Property Inspection & Consulting submits that the equivalent level of safety with regard to the regulatory maintenance and alteration requirements established by S ections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b) will be met because Premier Property Inspection & Consulting will use trained technicians to perform maintenance, alterations, or preventive maintenance on the UAS using the method s, techniques, and practices prescribed in the operating documents (i.e., the Premier Property Inspection & Consulting Aerial Operations Manual, Monthly Maintenance Log, and DJI Phantom 3 Instruction Manual). Furthermore, Premier Property Inspection & Cons ulting will document and maintain all
maintenance records for the DJI Phantom 3 UAS. Since the DJI Phantom 3 UAS will be inspected as prescribed by the operating documents, Premier Property Inspection & Consulting will36 maintain the equivalent level of safety established by Sections 91.405(a), 91.409(a)(1), and 91.409(a)(2). A copy of the DJI Phantom 3 User Manuals are attached hereto as Exhibit B; a copy
of the DJI Phantom 3 UAS Maintenance LOG is attached hereto as
Exhi bit C.

Likewise, the exemption sought will not adversely affect safety because Premier Property Inspection & Consulting will use trained technicians to perform maintenance, alterations or preventive Maintenance on the UAS using the methods, techniques, an d 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 3 UAS will be performed b y trained technicians. Maintenance will be documented and maintained utilizing the monthly maintenance log.

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

In consideration of Premier Property Inspection & Consulting proposed operating limitations, the operating documents, and th e technical aspects of the DJI Phantom 3 UAS, Premier Property Inspection & Consulting submits that safety will not be adversely affected by granting exemption from 14 a nd (a)(2), 91.409(a)(2), and 91.417(a) and (b). C.F.R. Sections 91.405(a), 91.407(a)(1) a 31

The FAA has previously granted relief specific to UAS in circumstances similar, in all material respects, to those presented herein (e.g. Exemption Nos. 11062, 11063, 11064, 11065, 11066,37 11067, 11080, 11109, 11110, 11112, 11136, 11138, 11150, 11153

, 11156, 11157, 11158, 11159, 11160, 11161).

In additional 350 Sky Vision fly only under a tight set of rules which can be found in Exhibit D, which ensure the safest operation under any foreseen circumstance.

**7. The FAA May Prescribe Any Other Conditio ns 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, Premier Property Inspection & Consulting requests that the FAA prescribe special conditions fo r the intended operation of the DJI Phantom 3 UAS, which contain such safety standards that the Administrator finds necessary to establish a level of safety equivalent to that established by 14 C.F.R. Part 21, Subpart H, and 14 C.F.R §§ 61.113(a) & (b), 91 .7 (a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b). Such special conditions will permit safe operation of the UAS for the limited purpose of conducting aerial video and photography over certain areas of the Unite d States for compensation or hire. FMRA Section 333 sets forth the requirements for considering whether a UAS will create a hazard to users of the NAS or the public, or otherwise pose a threat to national security; and further, provides the authority for s uch UAS to operate without airworthiness certification in accordance with any requirements that must be established for the safe operation of
the UAS in the NAS.

Likewise, the Administrator may prescribe special conditions pursuant to 14 C.F.R. § 21.16, f or operation of the DJI Phantom 3 UAS, since the airworthiness regulations of 14 C.F.R. Part 21 do not contain adequate or appropriate safety standards, due to the novel or unusual design features of the aircraft. Section 21.16, entitled Special Conditions , states the following:38 If the FAA finds that the airworthiness regulations of this subchapter do not contain adequate or appropriate safety standards for an aircraft, aircraft engine, or propeller because of a novel or unusual design feature of the aircr aft, aircraft engine or propeller, he prescribes special conditions and amendments thereto for the product. The special conditions are issued in accordance with Part 11 of this chapter and contain such safety standards for the aircraft, aircraft engine or propeller as the FAA finds necessary to establish a level of safety equivalent to that established in the regulations.

See 14 C.F.R. § 21.16.

Therefore, in accordance with FMRA Section 333 and 14 C.F.R. § 21.16, the FAA may prescribe special conditions for Leading Edge’s intended operation of the DJI Phantom 3 UAS, which contain such safety standards that the Administrator finds
necessary to est ablish a level of safety equivalent to that established by 14 C.F.R. Part 21, Subpart H, and 14 C.F.R Sections 61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a),

91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b).

**F. A Summary That Can Be Publ ished In The Federal**  **Register, stating: The Rules From Which Premier Property**  **Inspection & Consulting Seeks Exemption:** 

Premier Property Inspection & Consulting seeks exemption from the requirements of 14 C.F.R Sections 61.113(a)& (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b).

**A Brief Description Of The Nature Of The Exemption Premier**  **Property Inspection & Consulting Seeks:** 

This exemption will permit Premier Property Inspectio n & Consulting to commercially operate an Unmanned Aircraft System (UAS) for the purpose of conducting aerial video and photography39 over certain areas of the United States.

**G. Any Additional Information, Views, Or Arguments Available To Support**  **Premier Pr operty Inspection &**  **Consulting Request.** 

This Petition is made pursuant to the FAA Modernization and Reform Act of 2012 (FMRA) Section 333, which directs the Secretary of Transportation to determine if certain UAS may operate safely in the NAS. As such, Pr emier Property Inspection & Consulting r e quest for exemption may be granted pursuant to the authority of FMRA Section 333 and 14 C.F.R. Part 11, as set forth above.

FMRA Section 333 sets forth the requirements for considering whether a UAS will create a h azard 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, Premier Property Inspection &
Consulti ng will operate the DJI Phantom 3 UASs safely in the NAS, without creating a hazard to users of the NAS, or the public, or otherwise pose a threat to national security.

**CONCLUSION**

As set forth herein

, Premier Property Inspection & Consulting seeks an exemption pursuant to 14 C.F

. R. § 11.61 and
Section 333 of the FAA Modernization and Reform Act of2012 (FMRA), which will permit safe operation of the DJI Phantom 3 UAS commercially, without an airworthiness certificate, for the limited purpose of conducti ng aerial video and photography over McAllen, TX and surrounding area. By granting this Petition, the FAA Administrator will be fulfilling the Congres sional mandate of40 the FAA Modernization and Reform Act of 2012, while also advancing the interests of the public, by allowing Premier Property Inspection & Consulting to safely, efficiently, and economically operate the DJI Phantom 3 UAS commercially within the NAS.

WHEREFORE

, in accordance with the Federal Aviation Regulations and the FAA Modernization and Reform Act of2012

, Section 333

, Premier Property Inspection & Consulting respectfully requests that the Administrator grant this Petition for an exemption from the requirements of 14 C.F.R Sections 61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(l) & (a)(2)

, and 91.417(a) & (b)

, and permit Leading Edge to operate the DJI Phantom 3 UAS commercially for the purpose of conducting aerial video and photography over
certain areas of the United States. Dated: June 25, 2015

Respectfully submitted

, Premier Property Inspection & Consulting 

# / /

Premier Property Inspection & Consulting Richard Flores 4608 Vermont Ave McAllen,
Texas 78503

Email: Richard@premier

- rgv.com41 Exhibits:

A

– DJI Phantom 3 Specifications Data Sheet

B

– DJI Phantom 3 Manufacturer’s User Manual

C

– Monthly Maintenance Log

D

– Premier Property Inspection & Consulting On

- Site Safety
Checklist

**EXHIBIT**

**– A** 

DJI PHANTOM 3 TECHNICAL SPECIFICATIONS

Premier Property Inspection & Consulting 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. Pa rameters 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
link ed monitor (smart phone/tablet devices)



### Aircraft

Supported Battery: DJI 5200mAh LiPo Battery

Weight (Battery & Propellers included): 1242g

Hover Accuracy (Ready to Fly): Vertical: 0.8m; Horizontal: 2.5m

Max Yaw Angular Velocity; 200°/s

Max Tiltable Angle: 35°

Max Ascent / Descent Speed: Ascent: 6m/s; Descent: 2m/s42 Max Flight Speed: 15m/s (Not Recommended)

Diagonal motor

- motor distance: 350mm



### Remote Control

Operating Frequency: 5.728 GHz

- 5.85 GHz

Communication Distance (open area): C E Compliance: 400m; FCC Compliance: 800m

Receiver Sensitivity (1%PER):

- 93dBm

Transmitter Power: CE Compliance: 25mW; FCC Compliance:

100mW

Working Voltage: 120 mA@3.7V

Built

- in LiPo Battery Working Current/Capacity: 3.7V, 2000mAh



### Range

Operating Frequency: 2412

- 2462MHz

Communication Distance (open area): 500

- 700m

Transmitter Power: 20dBm

Power Consumption: 2W

**EX IBIT** 

**– B** 

DJI Phantom 3 Manufacturer’s User Manual

See Separate document attached to the Docket