1 UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

FEDERAL AVIATION ADMINISTRATION WASHINGTON, D.C.

IN THE MATTER OF THE PETITION FOR EXEMPTION OF: Sky Vue Video 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 PLUS AND DJI PHANTOM 3 UNMANNED AIRCRAFT

SYSTEMS

PURSUANT TO SECTION 333 OF

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

- 95)

Submitted on S eptember 2, 2015

Sky Vue Video

Daren T. Peters (owner/operator) 13818 Ridge Chase

San Antonio Texas

Home Tel: ( 210 ) 410

- 3454 Cell: (210) 410

- 34542 TABLE OF CONTENTS

Page

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

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

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

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

BASIS FOR PETITI ON......................................................................................................... 4

NAME AND ADDRESS OF PETITIONER............................................................. 6

THE SPECIFIC SECTIONS OF 14 C.F.R. FROM WHICH SKY VUE VIDEO

, SEEKS

EXEMPTION...................................

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

THE EXTENT OF RELIEF SKY VUE VIDEO SEEKS AND THE REASON SKY VUE

VIDEO

, SEEKS THE RELIEF...

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

THE REASO NS WHY GRANTING SKY VUE VIDEO

, REQUEST WOULD

BE IN THE PUBLIC INTEREST .........

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

THE REASONS WHY GRANTING THE EXEMPTION WOULD NOT

ADVERSELY AFFECT S AFETY................

.......... ................................................1 3

SUMMARY THAT CAN BE PUBLISHED IN THE FEDERAL REGISTER...... 23

ANY ADDITIONAL INFORMATION, VIEWS, OR ARGUMENTS AVAILABLE TO

SUPPORT CINEMACAPTURE VIDEOGRAPHY’S REQUEST.......................................

........................................................................ 2 3

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

. 24

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

. ................ 243 GL OSSARY 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 Adminis tration

FAR Federal Aviation Regulation

GCS Ground Control Station

GPS Global Positioning System

LOL Loss of Link

NAS National Airspace System

PIC Pilot In Command

Section 333 FAA Modernization and Reform 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 Conditions

VTOL Vertical Takeoff and Landing4 SUMMARY

Sky Vue Video, seek s 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 me to operate an Unmanned Aircraft System (UAS) for the commercial purpose of conducting aerial video and photography for , Real

E state photography, Landowners, and special events over certain areas of the United States.

INTRODUCTION AND INTERESTS OF THE PETITIONER Sky Vue Video, provide s clients with expertise and knowledge in advanced technologies and solutions to increase efficiency, productivity and effectivene ss. Sky Vue Video, also provides clients with the highest quality digital content for use in their commercial, personal, and

non

- profit multimedia projects. Petitioner ha s over 20 years of professional experience in public/media relations and videography a nd photography. Petitioner ha s over 15 year s of recreational/hobby experience in all aspects of aerial video and photography. Petitioner objective in aerial video and photography operations is to provide high quality imaging for a variety of
state governme nt, commercial, public, and residential uses, specifically targeting:

• Landowners , Business owners, Farmers,

• Real Estate Photography

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

BACKGROUND Unmanned Aircraft Systems: DJI Phantom 2 Vision Plus and DJI Phantom 3

Sky Vue Video

, seek s an exemption to operate DJI systems for compensation or hire

within the NAS. The DJI Phantom 2 Vision Plus and DJI Phantom 3 are vertical takeoff and landing (VTOL) Unmanned Aircraft (UA) with a Ground Co ntrol Station (GCS) utilizing electronic tablet or smart phone systems. The DJI Phantom 2 Vision Plus and DJI Phantom 3

ha ve a maximum gross weight of approximately 1280 gram, 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 2 Vision Plus and DJI Phantom 3 UAs are equipped with four main rotors; driven by Lithium Polymer battery powered electric motors.

The DJI Phantom 2 Vision Plus and DJI Phantom 3 UAS that will be o perated by Sky

Vue Video

, 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

Petiti oner, Sky Vue Video, 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 pet itions the Administrator to commercially operate the DJI Phantom 2 Vision Plus and DJI Phantom 3 UASs 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), 9 1.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b).5 In consideration of the speed, weight, size, and limited operating area associated with the unmanned aircraft and its operation, Sky Vue Video

, will meet the conditions of FMRA Section

333 and there fore, will not require an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H. Accordingly, Sky Vue Video

, request s 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.

Sky Vue Video, submit s that the requested relief is proper since an equivalent level of safety will be ensured. Petitioner will use his experience to perform mai ntenance, alterations, or preventive maintenance on the UASs using the methods, techniques, and practices prescribed in the operating documents (i.e., Monthly Maintenance Log, and DJI Phantom 2 Vision Plus and

DJI Phantom 3 Instruction Manual). Furthermore

, Petitioner will document and maintain all

maintenance records for the DJI Phantom 2 Vision Plus and DJI Phantom 3 UASs. Relief from certain requirements of Section 61.113(a) and (b), entitled Private pilot privileges and limitations: Pilot in command , is requested by Sky Vue Video

, to the extent necessary to allow a Pilot in Command (PIC) by meeting minimum flight

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

Phantom 3 UASs in a manner co nsistent with this exemption, including evasive and emergency maneuvers and maintaining appropriate distances from people, vessels, vehicles and structures. Sky Vue Video

, seek s relief from Section 91.7(a), entitled Civil aircraft airworthiness

, because t he DJI Phantom 2 Vision Plus and DJI Phantom 3 UASs do not require an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H. As such, Sky Vue

Video will ensure that the 3 UASs are in an airworthy condition, prior to every flight, by

de termining that the UASs are in compliance with the operating documents (i.e., Monthly Maintenance Log, and DJI Phantom 2 Vision Plus and DJI Phantom 3 Instruction Manual), and that the aircraft are in a condition for safe flight. Sky Vue Video

, also seek s an exemption from the requirements of Section 91.121,

entitled Altimeter Settings , as the DJI Phantom 2 Vision Plus and DJI Phantom 3 UAs will not have a typical barometric altimeter onboard. However, altitude information of the DJI Phantom 2

Vision Plus and DJI Phantom 3 UAs 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, combin ed with my operation of the DJI Phantom 2 Vision Plus and DJI Phantom 3 UASs within visual line of sight, at or below 400 feet AGL, will ensure a level of safety equivalent to Section 91.121. Additionally, Sky Vue Video

, seeks an exemption from the requirements of Section 91.151(b), entitled Fuel requirements for flight in VFR conditions

. Sky Vue Video

, submit s that safety will not be affected by operation of the DJI Phantom 2 Vision Plus and DJI Phantom 3

UAS during dayli ght hours in visual meteorological conditions (VMC) under visual flight rules (VFR), with enough battery power to fly for a total duration of approximately 15 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, Sky Vue Video

, provides the following information in support of its petition for exemption:

A. Name And Address Of The Petitioner :6 Sky Vue Video

Daren T. Peters . (owner/operator) 13818 Ridge Chase San Antonio, Texas 78230 Tel: ( 210 ) 410

- 3454 Cell: (210 ) 410

- 3454

Email: daren@skyvuevideo.com

B. The Specific Sections Of 14 C.F.R. from Which Sky VUE Video

, S eeks Exemption.

1. Sky Vue Video

, Seek s Exemption From The Requirements Of Section 61.113(a) And (b).

Section 61.113, entitled 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 passengers or property for compensation or hire; nor may that person, for compensation or hire, act as PIC of an aircraft.

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

—

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

2. Sky Vue Video

, Seek s Exemption From The Requirements Of Section 91.7(a).

Section 91.7, entitled Civil A ircraft A irworthiness , subsection (a), states the following: (a) No pe rson may operate a civil aircraft unless it is in an airworthy condition.

3. Sky Vue Video

, Seek s Exemption From The Requirements Of Section 91.121.

Section 91.121, entitled Altimeter settings , subsection (a), states the following, in part: (a) Each p erson 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 of an appropriate available station; or7 (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. Sky Vue Video

, Seek s Exemption From The Requirements Of Section 91.151(b).

Section 91.151, entitled Fuel requirements for flight in VFR conditions , subsection

(b), sta tes the following:

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

5. Sky Vue Video

, Seek s 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 t hat 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. Sky Vue Video

, Seek s 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 person authorized under § 43.7 of this chapter.

7. Sky Vue Video

, Seek s Exemption From The Requirements Of Sections 91.409(a)(1) And 91.409(a)(2).

Section 91.409, entitled Inspections , subsection (a), states the following:

(a) Except as provided in paragraph (c) of this section, no person may operate an aircraft unless, with in 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 authorized by § 43.7 of this chapter; or8 (2) An inspection for the issuance of an airworthiness certificate in accordance with part 21 of this chapter.

8. Sky Vue Video

, Seek s 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) Reco rds of the maintenance, preventive maintenance, and alteration and records

of the 100

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

--

(i) A description (or reference to data acceptable to the Administrator) of the work performed; and

(ii) The date of completion of the work performed; and

(iii) The signature, and certificate number of the person approving the aircraft for

return to service.

(2) Records containing the following information: (i) The total time in service of the airframe, each engine, each propeller, and each

rotor.

(ii) The current status of life

- limited parts of 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 cur rent inspection status of the aircraft, including the time since the last inspection required by the inspection program under which the aircraft and its appliances are maintained.

(v) The current status of applicable airworthiness directives (AD) and safe ty directives including, for each, the method of compliance, the AD or safety directive number and revision date. If the AD or safety directive involves recurring action, the time and date when the next action is required.9 (vi) Copies of the forms prescri bed by § 43.9(d) of this chapter for each major alteration 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 speci fied 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.

(2) The records specified in paragraph (a)(2) of this section shall be retained and

transferred wi th 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 Sky Vue Video

, Seek s And The Reason Sky Vue Video

, Seek s The

Relief.

1 . Extent Of Relief Sky Vue Video

, Seek s And The Reason Sky Vue Video

, Seek s Relief From Section 61.113(a) And (b).

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

Pilot in command , is requested to the extent necessary to allow a 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. Further:

• Petitioner has previous flight training. Petitioner has 15 years experience flying

U AS , helicopters, planes, and drones

• Petitioner has also f lown on numerous occasions with his father and brother who

were licensed pilots.

This relief is requested since the limitations set forth in Section 61.113(a) and (b) state that a private pilot may, for compensation or hire, act as PIC of an aircraft in connection with any business or employment if: (1) The fligh t 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, Sky Vue Video

, submit s that an equivalent level of safety

will be maintained because n o PIC will be allowed to operate the DJI Phantom 2 Vision Plus and

DJI Phantom 3 UAS except for the petitioner

. Further, Sky Vue Video submit s that all flights of the DJI Phantom 2 Vision Plus and

DJI Phantom 3 UASs, conducted by the PIC pursuant to the grant of this Petition: (1) will be

incidental to petitioner and (2) will not carry passengers or property for compensation or hire.10 2. Extent Of Relief Above It All, LLC, Seek s And The Reason Sky Vue Video

, Seek s Relief From Section 91.7(a).

Relief from Section 91.7(a) entitled Civil aircraft airworthiness , is requested to the extent required to allow Sky Vue Video

, to determine that the DJI Phantom 2 Vision Plus and DJI

Phantom 2 Vision Plus and DJI Phant om 3 UASs are in airworthy condition prior to every flight by ensuring that the UAS is in compliance with the operating documents (i.e., Operations Manual, Monthly Maintenance Log, and DJI Phantom 2 Vision Plus and DJI Phantom 3 Instruction Manual). Sky V ue Video, seek s the requested relief because the DJI Phantom 2 Vision Plus and

DJI Phantom 3 UASs do not require an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H. Therefore, Sky Vue Video will ensure that the DJI Phantom 2 Vis ion Plus

and DJI Phantom 3 UASs are in airworthy condition based upon its compliance with the operating documents (i.e., Monthly Maintenance Log, and DJI Phantom 2 Vision Plus and DJI

Phantom 3 Instruction Manual) prior to every flight, and further, determ ine that the aircraft are in condition for safe flight, as stated in the conditions and limitations below.

3. Extent Of Relief Sky Vue Video

, Seek s And The Reason Above It All, LLC, Seek s 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 Plus and DJI Phantom 2 Vision Plus and DJI Phantom 3 UASs, which utilize a barometric pressure sensor, GPS equipment, and a radio communications telemetry data link to downlink altitude information from the UA to the PIC at the ground control station (GCS). Since the FAA requires that any altitude information concerning UAS operations be reported to air traffic control (ATC) in feet above ground level (AGL), Sky Vue

V ideo

, seek s the requested relief because the DJI Phantom 2 Vision Plus and 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 alt itude 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 equivalent level of safety will be maintained since the

DJI Phantom 2 Vision Plus and DJI Phantom 3 UA S 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 Sky Vue Video

, Seek s And The Reason Sky Vue Video

, Seek s Relief From Section 91.151(b).

Relief from Section 91.151(b) entitled Fuel requirements for flight in VFR conditions

, is requested to the extent required to allow flights of the battery powered DJI Phantom 2 Vision

Plus and DJI Phantom 3 UAS during daylight hours in visual meteorological conditions (VMC), under visual flight rules (VFR), for a total duration of 15 minute s to the first point of intended landing and, assuming normal cruising speed, to fly after that for at least 4.5 minutes. Sky Vue

Video seek s the requested relief because without an exemption from Section 91.151(b), the flight time duration of the battery powered DJI Phantom 2 Vision Plus and DJI Phantom 3 UAs will11 severely constrain the practicality of any aerial video or still photo flight op erations that Sky Vue

Video

, proposes to conduct pursuant to this Petition. Significantly, as set forth below, the technical specifications of the DJI Phantom 2 Vision

Plus and DJI Phantom 3 UASs, the DJI Phantom 2 Vision Plus and DJI Phantom 3 operating documents, and Sky Vue Video

, proposed operating limitations, ensure that Sky Vue Video

, will safely operate the battery powered DJI Phantom 2 Vision Plus and DJI Phantom 3 UAS during daylight hours in visual meteorological conditions (V MC), under visual flight rules (VFR), 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.

5. Extent Of Relief Sky Vue Video

, Seek s And The Reason Sky Vue Video

, Seek s 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, Sky Vue Video

, request s relief from these

Sections because the DJI Phantom 2 Vision Plus and DJI Phantom 3 UASs do not require airworthiness certificates. As set forth more fully below, the DJI Phantom 2 Vision Plus and DJI

Phantom 3 UASs meet the conditions of FMRA Section 333 for operation without an airworthiness certificate. Accordingly

, Sky Vue Video, will perform maintenance, alterations, or preventive maintenance on the UASs using the met hods, techniques, and practices prescribed in the UAS operating documents (i.e., the Operations Manual, Monthly Maintenance Log, and DJI

Phantom 2 Vision Plus and DJI Phantom 3 Instruction Manual). Furthermore, Sky Vue Video,

will document and maintain all maintenance records for the DJI Phantom 2 Vision Plus and DJI

Phantom 3 UASs.

D. The Reasons Why Granting Sky Vue Video’s 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 Sky Vue Video

t o safely, efficiently, and economically perform aerial video and photography for Texas Re al estate photography, Landowners, Business Owners and special events over ce rtain areas of the

United States.

Additionally, use of the DJI Phantom 2 Vision Plus and DJI Phantom 3 UASs will decrease congestion of the NAS, reduce pollution, and provide significant benefits to the economy. Notably, the benefits of Sky Vue Video

, proposed operation of the DJI Phantom 2

Vision Plus and DJI Phantom 3 UASs will be realized without implicating any privacy issues.

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

The DJI Phantom 2 Vision Plus and DJI Phantom 3 UAs are battery powered and serve as a safe, efficient, and economical alternative to the manned aircraft traditionally utilized to obtain aerial imagery. By reducing the amount of manned aircraft needed to perform aerial acquisitions, an exemption allowi ng the use of a DJI Phantom 2 Vision Plus and DJI Phantom 3 UAS would reduce the amount of manned aircraft in the NAS, reduce noise and air pollution, as well as increase the safety of life and property in the air and on the ground.12 Furthermore, by reduci ng the number of manned aircraft operating in the NAS, congestion around airports caused by arriving and departing aircraft will be reduced. The DJI
Phantom 2 Vision Plus and DJI Phantom 3 UAS do not require an airport to takeoff or land. Likewise, a reduc tion 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 Benefit From The Safety And Efficiency Of The DJI Phantom 2

Vision Plus and DJI Phantom 3 UASs.

Conducting aerial acquisitions with the DJI Phantom 2 Vision Plus and DJI Phantom 3 UASs, instead of manned aircraft, will greatly benefit the public by drast ically 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 2 Vision Plus and

DJI Phantom 3 UASs produce no air polluti on, and is the most 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. The DJI Phantom 2 Vision Plus and DJI Phantom 3 UAS , while reducing the carbon footprint of aerial acquisitions, also elimin ates noise pollution, as the UAS are propelled by battery powered electric motors, rather than an internal combustio n engine. By using the DJI Phantom 2 Vision Plus and DJI Phantom 3 UASs 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 the lack of flight crew members located onboard the aircraft, the DJI Phantom 2 Vision Plus and DJI Phantom 3 UAS (weighing approximately 2 pounds 11 ounces, at maximum gross weights with lengths of 16 inches, widths of 16 inches, and

with no fuel on boar d), 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 approximately 6,000 pounds with a wingspan of approximately 42 fee t, 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 Plus and DJI Phantom 3 UASs Will Benefit The Economy.

In addition to being safe and efficient, the DJI Phan tom 2 Vision Plus and DJI Phantom 3 UASs are also an economical alternative to using manned aircraft to conduct similar aerial operations. As such, operation of the DJI Phantom 2 Vision Plus and DJI Phantom 3 UASs will allow United States based companies, like Sky Vue Video to remain competitive and contribute to growth of the U.S. economy. Specifically, with the rising cost of aviation fuel and the Environmental Protection Agency (“EPA”) regulatory actions phasing out leaded aviation fuels,

U.S. owned and operated companies must adopt new and alternative technology in order to remain competitive. Operating the battery powered D JI Phantom 2 Vision Plus and DJI Phantom

3 UASs is one such technology that not only allows companies greater operational flexibility compared to manned aircraft, but provides such flexibility without the high operational cost of a

traditional manned aircraft.13 By operating the DJI Phantom 2 Visio n Plus and DJI Phantom 3 UASs, companies such

as Sky Vue Video

, can remain competitive and profitable, and therefore, provide greater job stability to employees and contractors, which will ultimately contribute to growth of the U.S. economy. Improved finan cial performance of U.S. companies, through commercial use of the

DJI Phantom 2 Vision Plus and DJI Phantom 3 UASs, provides a stable workforce that increases consumer spending; improves local, state, and federal tax revenues; and allows companies to

inves t in research and development in order to remain competitive both in the United States and

abroad.

4. There Are No Privacy Issues.

Similar to the manned aerial acquisition flight operations that have been conducted for decades, Sky Vue Video

, prop osed operation of the DJI Phantom 2 Vision Plus and DJI Phantom

3 UASs will not implicate any privacy issues. Specifically, the DJI Phantom 2 Vision Plus and

DJI Phantom 3 UASs will be operated only in compliance with operating documents (i.e., the Operati ons Manual, Monthly Maintenance Log, and DJI Phantom 2 Vision Plus and DJI

Phantom 2 Vision Plus and DJI Phantom 3 Instruction Manual) which requires property owner involvement as well as local law enforcement notification, and in accordance with the Feder al Aviation Regulations, including the minimum altitude requirements of 14 C.F.R. § 91.119.

E. The Reasons Why Granting The Exemption Would Not Adversely Affect Safety, Or How The Exemption Would Provide A Level Of Safety At Least Equal To That

Provided By The Rule From Which I Seek Exemption.

1. Reasons Why The DJI Phantom 2 Vision Plus and DJI Phantom 3 UA S Meet The Conditions Of The FAA Modernization and Reform Act of 2012 (FMRA) Section

333.

In consideration of the size, weight, speed, and limited operating area associated with the unmanned aircraft and its operation, my operation of the DJI Phantom 2 Vision Plus and DJI

Phantom 3 UASs meet the conditions of FMRA Section 333, and will not requ ire an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H. Section 333 provides authority for a UAS to operate without airworthiness certification and sets forth requirements for considering whether a UAS will create a hazard to use rs of the NAS or the public, or otherwise pose a threat to national security. 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 dat e of enactment of this Act, the Secretary of Transportation shall determine if certain unmanned aircraft systems may operate safely in the national airspace system before completion of the plan and rulemaking required by section 332 of this Act or the guid ance required by section 334 of this Act.

(b) Assessment of Unmanned Aircraft Systems.

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

--14 (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 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 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) Requi rements 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 system s in the national airspace system.

In seeking this exemption, Sky Vue Video

, submit s that the DJI Phantom 2 Vision Plus

and DJI Phantom 3 UASs can operate safely in the NAS pursuant to FMRA Section 333, as demonstrated by: (a) the characteristics of the DJI Phantom 2 Vision Plus and DJI Phantom 3 UASs; (b) the pilot certification requirement; and (c) the specific operating limitations.

a. The Specifications Of The DJI Phantom 2 Vision Plus and DJI Phantom 3

UASs Demonstrate Its Safe Characteristics.

The DJI Phantom 2 Vision Plus and DJI Phantom 3 UASs do not create a hazard to users of the NAS or the public, or otherwise pose a threat to national security considering its size, weight, speed, and operational capability.

i. Technical Specifications Of The DJI Phantom 2 Vision Plus and DJI

Phantom 3 UASs.

The technical specifications of the DJI Phantom 2 Vision Plus and DJI Phantom 3 UASs are set forth by the DJI Phantom 2 Vision Plus and DJI Phantom 3 Specifications and Data

Sheet.

ii. The DJI Phantom 2 Vision Plus and DJI Phantom 3 UASs Autonomous Flight And Navigation Modes Enable The UASs To Remain Within A Defined Operational Area.

The DJI Phantom 2 Vision Plus and DJI Phantom 3 UASs may be operated in both manual and fully autonomous flig ht modes. A complete description of the flight and navigational

modes of the DJI Phantom 2 Vision Plus and DJI Phantom 3 UASs is available on

- line at DJI

Phantom 2 Vision Plus User Manual and DJI Phantom 3 User Manual

.

iii. The DJI Phantom 2 Vision Plus and DJI Phantom 3 UASs Are Designed

For Automatic Return To Home Point Or Hover In The Event Of Loss Of The Control Link Or Navigation.15 When the Control Link is lost, the DJI Phantom 2 Vision Plus and DJI Phantom 3 UAS

will rem ain stationary, in flight, for 3 seconds or more. If, after 3 seconds, the DJI Phantom 2

Vision Plus and DJI Phantom 3 UA S do not reacquire control link data from the GCS, the UAS

will assume that the Control Link is lost and the UAS will return to the hom e 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 2 Vision Plus and

DJI Phantom 3 UASs is available on

- line at DJI Phantom 2 Vision Plus User Manual and DJI

Phantom 3 User Manual

.

a. Flights Of DJI Phantom 2 Vision Plus and DJI Phantom 3 UASs Will Be Conducted Pursuant To Specific Operating Limitations.

In seeking this exemption, Sky Vue Video

, propose s to commerci ally operate DJI

Phantom 2 Vision Plus and DJI Phantom 3 UASs for the purpose of conducting aerial video and photography over certain areas of United States, pursuant to the following specific operating

limitations:

1. Operations authorized by this grant of exemption will be limited to the following aircraft described in the operating documents, rotorcraft UASs weighing less than 55 pounds maximum gross weight: DJI Phantom 2 Vision Plus and DJI Phantom 3 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 photog raphy.

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 400 feet above ground level (AGL), as indicated by the procedures specified in the operating documents unless a

sp ecial 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 vision unaided by any devi ce 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 m ay 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 des ignated 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.16 8. The SO must not perform any other duties beyond assis ting 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

ope rations and made available to the Administrator upon request. If a discrepancy exists between the conditions and limitations contained in the grant of exemption and the procedures outlined in the operating documents, the conditions and limitations

containe d in the grant of exemption take precedence and must be followed. Otherwise, the operator must follow the procedures as outlined in its operating documents. The operator may update or revise its operating documents. It is the operator’s responsibility to t rack 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 t hat 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 upd ates 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 pro hibited from operating until the necessary maintenance has been performed and the UAS is found to be in a condition for safe flight. The Ground Control Station must be included in the preflight inspection. All maintenance and alterations must be properly d ocumented in the aircraft records.

11. Any UAS that has undergone maintenance or alterations that affect the UAS operation or flight characteristics, e.g. replacement of a flight critical component, must undergo a functional test flight. The PIC who cond ucts 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

o perating documents. 13. The operator must follow the UAS manufacturer’s aircraft/component, maintenance, overhaul, replacement, inspection, and life limit requirements.

14. The operator must carry out its maintenance, inspections, and record keeping requirements, in accordance with the operating documents. Maintenance, inspection, alterations, and status of replacement/overhaul component parts must be noted in the

aircraf t records, including total time in service, description of work accomplished, and the signature of the authorized person returning the UAS to service.

15. Each UASs operated under this exemption must comply with all manufacturer Safety

Bulletins.

16. T he authorized person must make an entry in the aircraft record of the corrective action taken against discrepancies discovered between inspections.17 17. The operator may not permit any PIC to operate unless the PIC meets the operator’s qualification crite ria and demonstrates the ability to safely operate the UAS in a manner consistent with how the UAS will be operated under the exemption, including evasive and emergency maneuvers and maintaining appropriate distances from persons, vessels, vehicles and str uctures. PIC qualification flight hours must be logged in a manner consistent with 14 C.F.R. § 61.51(b). Flights for the purposes of training the operator’s PICs are permitted under the terms of the exemption. However, training operations may only be condu cted during dedicated training sessions. During training, proficiency, and experience

- building flights, all persons not essential for flight operations are considered nonparticipants, and the PIC must operate the UA with appropriate distance from nonpartic ipants in accordance with 14 C.F.R. § 91.119.

1 8 . UAS operations may not be conducted during night, as defined in 14 C.F.R. § 1.1. All operations must be conducted under visual meteorological conditions (VMC). If flight at night is required, a special req uest will be made at the FAA office closest to proposed area of operations. Flights under special visual flight rules (SVFR) are not

authorized.

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

denoted on a current FAA

- published aeronautical chart unless a letter of agreement with that airport’s management is obtained, and the operation is conducted in accordance with a NOTAM as required by the operator’s COA. The letter of agreement with the airport management must be m ade available to the Administrator

upon request.

2 0 . The UA may not be operated less than 400 feet below or less than 2,000 feet horizontally from a cloud or when visibility is less than 3 statute miles from the PIC.

2 1 . If the UA loses communications or loses its GPS signal, it must return to a pre

determined location within the planned operating area and land or be recovered in accordance with the operating documents.

2 2 . The PIC must abort the flight in the event of unpredicted obstacles or emerge ncies in accordance with the operating documents.

2 3 . The PIC is prohibited from beginning a flight unless (considering wind and forecast weather conditions) there is enough power to fly at normal cruising speed to the intended landing point and land the UA with 25% battery power remaining.

2 4 . 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 COA will also require the opera tor to request a Notice to Airman (NOTAM) not more than 72 hours in advance, but not less than 48 hours prior to the operation. All operations shall be conducted in accordance with airspace requirements in the ATO issued COA including class of airspace, al titude level and potential transponder requirements.18 2 5 . All aircraft operated in accordance with the exemption must be identified by serial number, registered in accordance with 14 C.F.R. part 47, and have identification (N

Number) markings in accordan ce with 14 C.F.R. part 45, Subpart C. Markings must be as large as practicable.

2 6 . 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 a ppropriate government oversight agency requirements.

2 7 . The documents required fewer than 14 C.F.R. 91.9 and 91.203 must be available to the PIC at the Ground Control Station of the UAS any time the UAS is operating. These documents must be made available to the Administrator or any law

enforcement official u pon request.

2 8 . The UA must remain clear and yield the right of way to all manned aviation operations and activities at all times.

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

3 0 . Flight operations must be conducted a t 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

person s 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 and are within 500 feet of the UA, flig ht 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 determi ned 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 persons per § 91.119(a).

3 1 . All operations shall be conducted over private or control led

- 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.

3 2 . Any incident, accident, or flight op eration 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 S afety Board (NTSB) per instructions

contained on the NTSB Web site: www.ntsb.gov

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

Sky Vue Video

, submit s 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

2 Vision Plus and DJI Phantom 3 UASs except Sky Vue Video a nd that PIC has demonstrated, by m eeting minimum flight

- hour and currency requirements, that the PIC is able to safely operate the DJI Phantom 2 Vision Plus and 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 Sky Vue Video’s

, proposed area of operations, and the operating limi tations

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 2 Vision Plus and D JI Phantom 3 UAS, Sky Vue

Video

, submit s that the additional manned airmanship experience of a commercially certificated pilot would not correlate to the airmanship skills necessary for Sky Vue Video ’s

, specific proposed flight operations. The FAA has pre viously granted relief from Section 61.113(a) and (b) specific to UAS, in circumstances similar, in all material respects, to those presented herein (e.g. Exemption Nos. 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110, 11112, 11136, 11138, 11 150, 11153, 11156, 11158, 11159, 11160, 11161). Sky Vue Video

, will not allow any PIC to operate the DJI Phantom 2 Vision Plus and DJI

Phantom 3 UAS except petitioner and that PIC has demonstrated, by meeting minimum flight

hour requirements or the DJI Ph antom 2 Vision Plus and DJI Phantom 3 UAS training and currency requirements, that the PIC is able to safely operate the DJI Phantom 2 Vision Plus and

DJI Phantom 3 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 UAS to be used for operations under the exemption). In addition to the hour requiremen ts, the PIC must accomplish 3 takeoffs and landings in the preceding 90 days (for currency purposes). As in Exemption Nos. 11062, 11138, and 11153, prior documented flight experience that was obtained in compliance with applicable regulations will ensure an equivalent level of safety during my 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 also have accumulated and logged a minimum of 5 hours as a UAS pilot operating the same make

and model of UAS to be used for operations under the exemption. For clarification, the FAA considers 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 the20 10 hours may b e included in the total 25 hours of UAS rotorcraft time. In addition to the hour requirements, the PIC must accomplish 3 takeoffs and landings in the preceding 90 days (for currency purposes). The FAA finds that at a minimum, the flight

- hour requirements i n Exemption No. 11062 are appropriate to practice and build proficiency in the skills necessary to safely conduct the petitioner’s proposed operations. The FAA also finds that prior documented flight experience that was obtained in compliance with applicab le 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 t he 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, Sky Vue Video

, will ensure safe operations by not allowing any PIC to operate the DJI Phantom 2 Vision Plus and 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 2 Vision Plus and DJI Phantom 3 UAS in a manner consistent with the exemption, includin g evasive and emergency maneuvers and maintaining appropriate distances from people, vessels, vehicles and structures.

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

The equivalent level of safet y established by Section 91.7(a) will be maintained because prior to every flight, Sky Vue Video

, will ensure that the DJI Phantom 2 Vision Plus and DJI

Phantom 3 UAS is in an airworthy condition based upon the UAS’s compliance with its operating docum ents 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 Requirements Of Section 91.121 Would Not Adversely Affect Safety.

The equivalen t level of safety established by Section 91.121 will be maintained because

the altitude information of the DJI Phantom 2 Vision Plus and DJI Phantom 3 UAs will be provided to the PIC via GPS equipment and a radio communications telemetry data link, which

d ownlinks from the UA to the GCS for active monitoring of the flight path and altitude. This altitude information, combined with my operation of the DJI Phantom 2 Vision Plus and DJI

Phantom 3 UA S within visual line of sight, at or below 400 feet AGL, will ensure a level of safety equivalent to Section 91.121. The altitude information will be generated by GPS equipment installed onboard the aircraft. Prior to each flight, a zero altitude initiation point is automatically established by the UASs at ground lev el. 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.21 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 2

Vision Plus and DJI Phantom 3 UASs; (2) the limitations on the proposed fli ght operations; and (3) the location of the proposed flight operations. Accordingly, Sky Vue Video

, will ensure that it will safely operate the battery powered DJI Phantom 2 Vision Plus and DJI Phantom 3 UAs during daylight hours in VFR conditions, with enough battery power to fly for a total duration of 15 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 2

Vision Plus and DJI Phantom 3 UASs; the limitations on the proposed flight operations; and the location of the proposed operations, will ensure an equivalent level of safety established by 14

C. F.R. Section 91.151(b). Furthermore, safety will be ensured as the DJI Phantom 2 Vision Plus

and DJI Phantom 3 UASs provide audible and visual warnings to the PIC at the GCS when the

UAS experiences low battery voltage, the first warning occurring at appro ximately 33% remaining battery power, and again at approximately 10% remaining battery power. At the critically low battery level, the DJI Phantom3 UASs 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 specific to UAS, in circumstances similar, in all material respects, to those presented herein (e.g. Exemption Nos. 8811, 10808, 10673 , 11042, 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110, 11136, 11138, 11150, 11153, 11156, 11157, 11158, 11159, 11160, 11161).

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

In seeking this exemption, Sky Vue Video submit that the equivalent level of safety with regard to the regulatory maintenance and alteration requirements established by Sections 91.405(a), 91.407(a)(1 ), 91.409(a)(1) & (a)(2), and 91.417(a) & (b) will be met because Above It All, LLC, will use trained technicians to perform maintenance, alterations, or preventive maintenance on the UASs using the methods, techniques, and practices prescribed in the

oper ating documents (i.e., the Operations Manual, Monthly Maintenance Log, and DJI Phantom

2 Vision Plus and DJI Phantom 3 Instruction Manual). Furthermore, I will document and

maintain all maintenance records for the DJI Phantom 2 Vision Plus and DJI Phantom 3 UASs.22 Likewise, the exemption sought will not adversely affect safety because Sky Vue Video, will use my experience to perform maintenance, alterations or preventive maintenance on the UAS using the methods, techniques, and practices prescribed by the operating documents. Furthermore, the exemption sought would maintain an equivalent level of safety established by Sections 91.407, 91.417(a) and 91.417(b), because all maintenance of the DJI

Phantom 2 Vision Plus a nd DJI Phantom 3 UASs will be performed by me. 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) establish that safety is not adversely affected when the technical characteristics and operating limitations of the UAS are considered. In consideration of my proposed operating limitations, the operating documents, and the technical aspects of the DJI Phantom 2 Vision Plus a nd DJI Phantom 3 UASs, I submit that safety will not be adversely affected by granting exemption from 14 C.F.R. Sections 91.405(a), 91.407(a)(1) and (a)(2), 91.409(a)(2), and 91.417(a) and (b). The FAA has previously granted relief specific to UAS in circu mstances 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).

7. The FAA May Prescri be 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

, Sky Vue Video request s that the FAA prescribe special conditions for the intended operation of the DJI Phantom 2 Vision Plus

and DJI Phantom 3 UASs, which contain such safety standards that the Administrator finds necessary to establish a level of safety equivalent to that esta blished 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 purpos e of conducting aerial video and photography over certain areas of the United States for compensation or hire. FMRA Section 333 sets forth the requirements for considering whether a UAS will create a hazard to users of the NAS or the public, or otherwise p ose a threat to national security; and further, provides the authority for such UAS to operate without airworthiness certification in accordance with any requirements that must be established for the safe operation of the UAS in the NAS.

Likewise, the Ad ministrator may prescribe special conditions pursuant to 14 C.F.R. § 21.16, for operation of the DJI Phantom 2 Vision Plus and DJI Phantom 3 UASs, since the airworthiness regulations of 14 C.F.R. Part 21 do not contain adequate or appropriate safety

standa rds, due to the novel or unusual design features of the aircraft. Section 21.16, entitled Special Conditions , states the following: If the FAA finds that the airworthiness regulations of this subchapter do not contain adequate or appropriate safety standards for an aircraft, aircraft engine, or propeller because of a novel or unusual design feature of the aircraft, aircraft engine or p ropeller, 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 find s necessary to establish a level of safety equivalent to that established in the regulations.23 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 intende d operation of the DJI Phantom 2 Vision

Plus and DJI Phantom 3 UASs, which contain such safety standards that the Administrator finds necessary to establish a level of safety equivalent to that established by 14 C.F.R. Part 21, Subpart H, and 14 C.F.R Sect ions 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 Published In The Federal Register, stating: The Rules From

Which I Seek Exemption:

Sky Vue Video seeks exempti on 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 I Seek:

This exemption will permit Sky Vue Video, 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 Sky Vue

Video’s Requ est.

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, Sky Vue Video’s request for exempti on 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, Sky Vue Video

, will operate the DJI Phantom 2 Vision Plus

and 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, Sky Vue Video, seeks an exemption pursuant to 14 C.F.R. § 11.61

and Section 333 of t he FAA Modernization and Reform Act of 2012 (FMRA), which will permit safe operation of the DJI Phantom 2 Vision Plus and DJI Phantom 3 UASs commercially, without an airworthiness certificate, for the limited purpose of conducting aerial video and photogra phy over certain areas of the United States. By granting this Petition, the FAA Administrator will be fulfilling the Congressional mandate of the FAA Modernization and Reform Act of 2012, while also advancing the interests of the public, by allowing Sky Vu e24 Video to safely, efficiently, and economically operate the DJI Phantom 2 Vision Plus and DJI

Phantom 3 UASs commercially within the NAS.

WHEREFORE , in accordance with the Federal Aviation Regulations and the FAA Modernization and Reform Act of 2012, Se ction 333, Sky Vue Video

, 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)(1) & (a)(2), and 91.417(a ) & (b), and permit Sky Vue Video to operate the DJI Phantom 2 Vision Plus

and DJI Phantom 3 UASs commercially for the purpose of conducting aerial video and photography over certain areas of the United States.

Dated: September 2, 2015

Respectfully submitted,

_________________________ Sky Vue Video

Daren T. Peters (owner/operator) 13818 Ridge Chase San Antonio, Texas 78230

Home Tel: ( 210) 410

- 3454 Cell: (210 ) 410

- 3454

APPENDICES:

Appendix A

– DJI Phantom 2 Vision Plus and Phantom 3 Technical Specifications Appendix B

- Phantom 2 Vision Plus and Phantom 3 Pre

- Flight Inspection Check List Appendix C

– Phantom Flying Flowchart Appendix D

– Monthly Maintenance Log

APPENDIX A

DJI PHANTOM 2 VISION PLUS AND DJI PHANTOM 3 TECHNICAL

SPECIFICATIONS

Sky Vue Video, only utilizes safe and reliable UASs. DJI is an industry leader in small UAS production. DJI UASs are loaded with ground breaking software enabling the user to set

parameters which will not allow flight into controlled airspace. Parameters can also be set to limit flight to no higher than a predetermined and set altitude as well as limit flight to a predetermined and set distance. In addition, DJI software provides real

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

.

Phantom 2 Vision Plus and Phantom 3

Purchased from Intelligent UAS ( DJI authorized dealer)25 General Specs. Weight (Including Battery And Propellers) 1280 g Diagonal Size (Including Propellers)

590 mm Max Ascent Speed

5 m/s Max Descent Speed

3 m/s Hover Accuracy

Vertical: +/

- 10cm

Horizontal: +/

- 1m Max Speed 16 m/s (ATTI mode, no wind)

Max Altitude Above Sea Level

6000 m Operating Temperature

0°C to 40°C

GPS Mode

GPS/GLONASS

Camera

Sensor Sony EXMOR 1/2.3” Effective pixels: 12.4 M (total pixels: 12.76 M)

Lens FOV 94° 20 mm (35 mm format equivalent) f/2.8, focus at ∞ ISO Range

100

- 3200 (video) 100

- 1600 (photo) Shutter Speed

8s

- 1/8000s Image Max Size

4000 x 300 0 Still Photography Modes Single Shot Burst Shooting: 3/5/7 shots Auto Exposure Bracketing (AEB): 3/5

Bracketed Frames at 0.7EV Bias

Time

- lapse Video Recording Modes

Phantom 3 Professional UHD: 4096x2160p 24/25, 3840x2160p 24/25/30 FHD: 1920x1080p 24/25/30/48/50/60 HD: 1280x720p 24/25/30/48/50/60

Phantom 2 Vision Plus FHD: 1920x1080p 24/25/30/48/50/60 HD: 1280x720p 24/25/30/48/50/60 Supported SD Card Types

Micro SD Max capacity: 64 GB. Class 10 or UHS

- 1 rating required Max Bitrate Of Video Storage 60 Mbps26 Supported File Formats

FAT32/exFAT
Photo: JPEG, DNG Video: MP4, MOV (MPEG

- 4 AVC/H.264) Operating Temperature

0°C to 40°C

Gimbal Controllable Range

Pitch

- 90° to +30°

Stabilization

3

- axis (pitch, roll, yaw) Vision Positioning Max Velocity

Less than 8 m/s (when 2 m above ground) Altitude Range

30 cm

- 300 cm Operating Range

30 cm

- 300 cm Operating Environment Surface with clear pattern and adequate lighting (Lux > 15)

Remote Controller Operating Frequency

2.400 GHz

- 2.483 GHz

Max Distance 2000m (outdoors and unobstructed) Video Output Port

USB Operating Temperature 1.1

A PPENDIX B

Phantom 2 Vision Plus and Phantom 3 Pre

- Flight Inspection Check List

Pre

- Flight Check List

o Visual inspection for defects

o Batteries fully charged and checked

- Transmitter, UAS, iPad, iPhone, approved/compatible device

o Props tightened and locked

o SD card in camera

o Lens cap removed (As necessary)

o Antennae up and parallel

o Transmitter turned on (press once, release, then press and hold for 3 seconds)27 o Ensure Transmitter is in P Mode

o UAS turned on (press once, release, then press and hold for 3 seconds)

o Flick the transformation switch on tr ansmitter up and down 4 times quickly to convert from travel mode to flight mode or use the app

o DJI Pilot app quit and restarted, no other running apps on iPad

o Tap bar at top of app (Safe to Fly GPS) for full status

o Maps are cac hed (move the map around, zoom in an out)

o Minimum return height adjusted (check for tallest object and set accordingly)

o UAS placed in safe launch and recover position

o Home point reprogrammed via app

o Area clear of people / obstructions

Flight Check List

o Hover close for 20 seconds. Look / Listen for defects

o Confirm expected stick operation

o Monitor battery power

o Monitor signal strength

o Keep line

- of

- sight with UAS

o Ensure area/zone of intended flight path is clear of other aerial traffic.

o Ensure area/zone of intended flight path is clear of any electrical/power lines

o Ensure atmospheric conditions are optimal for safe operation of UAV/UAS

Select a safe zone to “ditch” the UA V/UAS in the event an emergency landing is required

A PPENDIX C28 A PPENDIX D29