1 UNITED STATES OF AMERI CA DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION

WASHI NGTON, DC

Regulatory

Docket No. _______________

**IN THE MATTER OF THE PETITION FOR EXEMPTION OF:**

**Steven Dewayne Birks 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 3**  **AND DJI S1000 UNMANNED**  **AIRCRAFT SYSTEMS PURSUANT TO SECTION 333 OF**  **THE FAA MODERNIZATION AND REFORM ACT OF 2012 (PUBLIC LAW 112**  **- 95)** 

Submitted on October 08, 2015

Steven Deway

ne Birks 4240 Solarface CT Colorado Springs, CO 80916

(7 19 ) 271
- 13452 **TABLE OF CONTENTS** Page GLOSSARY OF ABBREVIATIONS...........................................................................
....... ........3 SUMMARY......................................................................................................................
....... .....4 IN TRODUCTION AND INTERESTS OF PETITIONER..............................................
...... ......4 BACKGROUND.....
................................................................................ ..................... ...... ..........5 BASI S FOR PETITION..................................................................................................
...... .......5 NAME AND ADDRESS OF PETITIONER........................................................
...... ..... 8 THE SPECIFI C SECTIONS OF 14 C.F.R. FROM WHI CH STEVEN DEWAYNE BIRKS SEEKS EXEMPTION.........................................
.............. ... ................ .... ............ ...... .....8 THE EXTENT OF RELIEF STEVEN DEWAYNE BIRKS SEEKS AND THE REASON STEVEN DEWAYNE BIRKS SEEKS THE RELIEF
. ...................... ................ . . .. ...... .. 11 THE REASONS WHY GRANTING STEVEN DEWAYNE BIRKS ’S REQUEST WOULD BE IN THE PUBL IC INTEREST ......................................................
..... ...15 THE REASONS WHY GRANTING THE EXEMPTI ON WOULD NOT ADVERSELY AFFECT SAFETY........................................................................
..... ..19 SUMMARY THAT CAN BE PUBLIS HED IN THE FEDERAL REGI STER.....
..... .3 2 ANY ADDITIONAL INFORMATION, VIEWS, OR ARGUMENTS AVAILABLE TO SUPPORT STEVEN DEWAYNE BIRKS ’S REQUEST.......
. .... .. ..34 CONCLUSION...........................................................................................................
... . . . . ... . . ..35 APPENDI CES....................................................................................
... ... . .373 **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 Sy stem NOTAM Notice to Airman PI C 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 Sy stem VFR Visual Flight Rules VLOS Visual L ine of S ight VMC Visual Meteorological Conditions VTOL Vertical Takeoff and Landing4 **SUMMARY** Steven Deway

ne Birks 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 Sy stem pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (FMRA). This exemption will permit Steven Deway ne Birks to operate an Unmanned Aircraft Sy stem (UAS) for the commercial purpose of conducting aerial video and photograph y of construction sites, real estate, and landscape over certain ar eas of the United States.

**INTRODUCTION AND INTERESTS OF THE PETITIONER** Steven Deway

ne Birks provides his clients with expertise and knowledge in advanced technologies and solutions to increase efficiency , productivity and effectiveness. Steven Deway ne Birks has over 10 years of professional experience in Information Technology and is recognized as an expert in network infrastructure and project management. He has over 10 years recreational/hobb y experience in all aspects of aerial video and photography . The objective of Steven Deway

ne Birks aerial video and photography operations is to provide high quality imaging for a variety

of commercial, public, and residential uses, specifically targeting:

• Construction sites before and after

• Appraisals

• Real

- estate marketing

• Motion Picture Filming

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

• Search and Rescue operations5 **BACKGROUND** Unmanned Aircraf

t Sy stems: DJI Phantom 3 , DJ I S1000 UASs Steven Deway

ne Birks Seeks an exemption to operat e DJ I sy stems for compensation or hire within the NAS. The DJI Phantom 3 and DJ I S1000 are vertical takeoff and landing (VTOL) Unmanned Aircraft (UA) with a Ground Control Station (GCS) utilizing electronic tablet or smart phone s ys tems. . The DJ I Phantom has a maximum gross weight of approximately 2 pounds 5 ounces, while having a length of 16 inches, width of 16 inches and height of 8 inches, and a maximum speed of approximately 19.4 knots. The DJ I S1000 has a maximum gross weight of approximately

24 p ounds, while having a length of 41 inches, width of 41 inches and a height of 20 inches. The DJ I Phantom 3 is equipped with four main rotors; driven by a Lithium Poly mer battery

powered electric motors. The DJ I S1000 is equipped with eight main rotors driven by a Lithium Polymer battery powered electric motors. The DJ I Phantom 3 and DJI S1000 that will be operated by Steven Deway ne Birks 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, Steven Dewayne Birks , pursuant to the provisions of the Federal Aviation Regulations (14 C.F.R. § 11.61) and the FAA Modernization and Reform Act of 2012 (FMRA), Section 333, Special Rules for Certain Unmanned Aircraft Systems , hereb y petitions the Administrator to commercially operate the DJ I Phantom 3 and DJ I S1000 Inspire 1 UASs in the National Airspace S ys tem (NAS), and for an exemption from the requirements of 14 C.F.R §§ 61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b).6

In consideration of the speed, weight, size, and limited operating area associated with the unmanned aircraft and its operation, Steven Deway ne Birks operation of DJI Phantom 3 and DJ I S1000 UASs meets the conditions of FMRA Section 333 and therefore, wil l not require an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H. Accordingl y, Steven Deway ne Birks 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 re quirements for maintenance that only appl y to aircraft with an airworthiness certificate. Steven Deway

ne Birks submits that the requested relief is proper since an equivalent level of safety

will be ensured. Steven Deway ne Birks will use experienced perso nnel or technicians to perform maintenance, alterations, or preventive maintenance on the UASs using the methods, techniques, and practices prescribed in the operating documents (i.e., Monthly Maintenance Lo g, and DJI Phantom 3 and DJ I S1000 In struction Manual). Furthermore, Steven Deway ne Birks will document and maintain all maintenance records for the DJI Phantom 3 and DJIS1000 UASs. Relief from certain requirements of Section 61.113(a) and (b), entitled Private pilot privileges and limitations: Pilot in command, is requested by Steven Deway ne Birks to the extent necessary to allow a Pilot in Command (PI C) holding a private pilot or higher level certificate, as well as an airman medical certificate, and who has demonstrated, b y meeting minimum flight

ho ur and currency

requirements, that the PI C is able to safel y operate the DJI Phantom 3 and DJ I S1000 UASs in a manner consistent with this exemption, including evasive and emergency

maneuvers and maintaining appropriate distances from people, vessels, veh icles and structures.7

Steven Deway

ne Birks Seeks relief from Section 91.7(a), entitled Civil aircraft airworthiness , because the DJ I Phantom 3 and DJI S1000 UASs do not require an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H. As such, Steven Deway ne Birks submits that he will ensure that the DJ I Phantom 3 and DJ I S1000 Inspire 1 UASs 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 L og, and DJ I Phantom 3 and DJIS1000 In struction Manual), and that the aircraft are in a condition for safe flight. Steven Deway

ne Birks also seeks an exemption from the requirements of Section 91.121, entitled Altimeter Settings , as the DJ I Phantom 3 and DJIS1000 UAs will not have a t ypical barometric altimeter onboard. However, altitude inform ation of the DJ I Phantom 3 and DJI S 1 000 UAs will be provided to the PI C via Global Positioning Sy stem (GPS) equipment and radio communications telemetry data link, which downlinks from the UA to the GCS for active monitoring of the flight path. This alti tude information, combined with Steven Deway ne Birks operation of the DJ I Phantom 3 and DJIS1000 UASs within vis ual line of sight, at or below 2 00 feet AGL, will ensure a level of safety equivalent to Section 91.121. Additionally , Steven Deway ne Birks Seeks an exemption from the requirements of Section 91.151(b), entitled Fuel requirements for flight in VFR conditions

. Steven Deway ne Birks submits that safety will not be affected b y operation of the DJ I Phantom 3 and DJ I S1000 UAs during daylight hours in visual meteorological conditions (VMC) under visual flight rules (VFR), with enough battery power to fl y for a total duration of approximately 13.5 minutes to the first point of intended landing and, assuming normal cruising speed, to fl y after that fo r at least 4.5 minutes.8

In accordance with 14 C.F.R. § 11.81, Steven Deway ne Birks 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 cont act is: Steven Deway

ne Birks 4240 Solarface CT Colorado Springs, CO 80916 (7 19 ) 271
- 1345 Email: birks06@gmail.com **B. The Specific Sections Of 14 C.F.R. From Which Steven Dewayne Birks Seeks**  **Exemption. 1.**  **Steven Dewayne Birks Seeks Exemption From The Requirem**  **ents 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 (PI C) of an aircraft that is carrying passengers or property for compensation or hire; nor may that person, for compensation or hire, act as PI C of an aircraft. (b) A private pilot may , for compensation or hire, act as PI C of an aircraft in connection with any business or employ

ment if

— (1) The flight is onl y incidental to that business or employment; and (2) The aircraft does not carry passengers or property

for compensation or hire.
**2. Stev**  **en Dewayne Birks 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. St**  **even Dewayne Birks Seeks Exemption From The Requirements Of Section**  **91.121.**9

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 l evel 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; or (iii) In the case of an aircraft not equipped with a radio, the elevation of the departure airp ort or an appropriate altimeter setting available before departure. **4. Steven Dewayne Birks**  **Seeks Exemption From The Requirements Of Section 91.151(b).**  Section 91.151, entitled Fuel requirements for flight in VFR conditions , subsection (b), states the fol lowing: (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 th at for at least 20 minutes. **5. Steven Dewayne Birks**  **Seeks 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. Steven Dewayne Birks Seeks**  **Exemption From The Requirements Of Section 91.407(a)(1)** 10

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 un dergone maintenance, preventive maintenance, rebuilding, or alteration unless

-- (1) It has been approved for return to service b y a person authorized under § 43.7 of this chapter[.] **7. Steven Dewayne Birks Seeks**  **Exemption From The Requirements Of Section s**  **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, within the preceding 12 calendar months, it ha s had

-- (1) An annual inspection in accordance with part 43 of this chapter and has been approved for return to service b y a person authorized by § 43.7 of this chapter; or (2) An inspection for the issuance of an airworthiness certificate in accordance with part 21 of this chapter. **8. Steven Dewayne Birks Seeks**  **Exemption From The Requirements Of Sections 91.417(a) And 91.417(b).**  Section 91.417, entitled Maintenance records , subsections (a) and (b), state the following: (a) Except for work performed in accordance with §§ 91.411 and 91.413, each registered owner or operator shall keep the following records for the periods specified in paragraph (b) of this section: (1) 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; and11 (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, propel ler, 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 b y the inspection program under which the aircraft and its appliances are maintained. (v) The current status of applicable airworthiness directives (AD) and s afety 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. (vi) Copies of the forms prescribe d 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 specified i n paragraph (a)(1) of this section shall be retained until the work is repeated or superseded b y other work or for 1 year after the work is performed. (2) The records specified in paragraph (a)(2) of this section shall be retained and transferred with the aircraft at the time the aircraft is sold. (3) A list of defects furnished to a registered owner or operator under § 43.11 of this chapter shall be retained until the defects are repaired and the aircraft is approved for return to service. **C. The Extent Of Reli ef**  **Steven Dewayne Birks Seeks And The Reason**  **Steven Dewayne Birks Seeks**  **The Relief. 1. Extent Of Relief**  **Steven Dewayne Birks Seeks And The Reason**  **Steven Dewayne Birks Seeks**  **Relief From Section 61.113(a) And (b).**12

Relief from Section 61.113(a) and (b) enti tled 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 fli ght

- hour and currency requirements, to conduct the proposed UAS flight operations for compensation or hire. This relief is requested since the limitations set forth in Section 61.113(a) and (b) state that a private pilot may , for compensation or hire, act as PIC of an aircraft in connection with any business or employ

ment if: (1) The flight is only incidental to that business or employ ment; and (2) The aircraft does not carry passengers or property

for compensation or hire. As set forth more full y below, Steven Deway ne Birks submits that an equivalent level of safety will be maintained because no PIC will be allowed to operate the DJ I Phantom 3 and DJI S1000 UAS unless that PIC has met certain flight

- hour and currency requirements, demonstrating that the PIC is able to safel y operate either the DJ I Phantom 3 UAS in a manner consistent with the operations specifications as described in this exemption, including evasive and emergency

maneuvers, as well as maintaining appropriate distances from people, vess els, vehicles and structures. Further, Steven Deway

ne Birks submits that all flights of the DJ I Phantom 3 and DJ I S1000 UASs, conducted by the PIC pursuant to the grant of this Petition: (1) will be incidental to Steven Deway

ne Birks business; and (2) will not carry passengers or property

for compensation or hire. **2. Extent Of Relief Steven Dewayne Birks Seeks**  **And The Reason Steven Dewayne** 

**Birks Seeks Relief From Section 91.7(a).** 13

Relief from Section 91.7(a) entitled Civil aircraft airworthiness , is requested to the extent required to allow Steven Deway ne Birks to determine that the DJ I Phantom 3 and DJI S 1 000 UASs are in airworthy condition prior to every

flight by ensuring that the UAS is in compliance with the operating documents (i.e., the Steven Deway ne Birks Aerial Operations Manual, Monthly Maintenance Log, and DJI Phantom 3 and DJIS1000 Inspire 1 Instruction Manual). Steven Deway

ne Birks Seeks the requested relief because the DJ I Phantom 3 and DJ I S1000 UASs do not require an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H. Therefore, Steven Deway ne Birks will ensure that the DJ I Phantom 3 and DJ I S1000 UASs are in airworthy condition based upon its compliance with the operating documents (i.e., Monthly Maintenance Lo g, and DJI Phantom 3 and DJ I S1000 In struction 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**  **Steven Dewayne Birks See ks**  **And The Reason Steven Dewayne**  **Birks Seeks Relief From Section 91.121.**  Relief from Section 91.121, entitled Altimeter settings, may be required to allow flight operations of the DJ I Phantom 3 and DJIS1000 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 PI C at the ground control station (GCS). Since the FAA requires that any altitude informati on concerning UAS operations be reported to air traffic control (ATC) in feet above ground level (AGL), Steven Deway ne Birks Seeks the requested relief because the DJI Phantom 3 and DJ I S1000 UA’s altimeter may be set on the ground to zero feet AGL, rathe r than the local barometric pressure or field altitude, before each flight.14

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 s tated below. As more full y set forth herein, an equivalent level of safety will be maintained since the DJI Phantom 3 and DJ I S1000 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 PI C with altitude information of the UA on the heads

- up display of the GCS. **4. Extent Of Relief**  **Steven Dewayne Birks Seeks And The Reason**  **Steven Dewayne Birks Seeks**  **Relief From Section 91. 151(b).**  Relief from Section 91.151(b) entitled Fuel requirements for flight in VFR conditions, is requested to the extent required to allow flights of the battery powered DJ I Phantom 3 and DJI S1000 UAs during daylight hours in visual meteorological cond itions (VMC), under visual flight rules (VFR), for a total duration of 13.5 minutes to the first point of intended landing and, assuming normal cruising speed, to fl y after that for at least 4.5 minutes. Steven Deway ne Birks Seeks the requested relief beca use without an exemption from Section 91.151(b), the flight time duration of the battery

powered DJ I Phantom 3 and DJIS1000 UAs will severel y constrain the practicality of an y aerial video or still photo flight operations that Steven Deway ne Birks proposes to conduct pursuant to this Petition. Significantl y, as set forth below, the technical specifications of the DJ I Phantom 3 and DJIS1000 UASs, the DJI Phantom 3 and DJ I S1000 operating documents, and Steven Deway ne Birks proposed operating limi tations, ensure that Steven Deway ne Birks will safel y operate the battery powered DJ I Phantom 3 and DJIS1000 UAs during daylight hours in visual meteorological conditions (VMC), under visual flight rules (VFR), with enough battery power to15

fly for a tota l 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**  **Steven Dewayne Birks Seeks And The Reason**  **Steven Dewayne Birks 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) onl y apply to aircraft with an airworthiness certificate, Steven Deway ne Birks requests relief from these Sections because the DJ I Phantom 3 and DJI S1000 UASs do not require airworthiness certificates. As set forth more fully below, the DJI Phantom 3 and DJ I S1000 UASs meet the conditions of FMRA Section 333 for operation without an airworthiness certificat e. Accordingl y, Steven Deway

ne Birks will use trained technicians to perform maintenance, alterations, or preventive maintenance on the UASs using the methods, techniques, and practices prescribed in the UAS operating documents (i.e., the Steven Deway

ne B irks Aerial Operations Manual, Monthly Maintenance Log, and DJ I Phantom 3 and DJIS1000 In struction Manual). Furthermore, Steven Deway ne Birks will document and maintain all maintenance records for the DJ I Phantom 3 and DJIS1000 UASs. **D. The Reasons Why Gra**  **nting Steven Dewayne Birks**  **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 b y allowing Steven Deway ne Birks too safely , efficiently , and economica lly perform aerial video and photograph y of construction sites, real estate, and landscape over certain areas of the United States. Additionally , use of the DJI Phantom 3 and DJ I S1000 UASs will decrease congestion of the NAS, reduce pollution, and provide significant benefits to the economy. Notably , the benefits of Steven Deway

ne Birks proposed operation of the DJ I Phantom 3 and DJIS1000 UASs will be realized without implicating any privacy issues.16

**1. The Public Will Benefit From Decreased Congestion Of The NAS.**  The DJ I Phantom 3 and DJIS1000 UAs are battery powered and serve as a safe, efficient, and economical alternative to the manned aircraft traditionally utilized to obtain aeria l imagery

. By reducing the amount of manned aircraft needed to perform aerial acquisitions, an exemption allowing the use of a DJ I Phantom 3 UAS would reduce the amount of manned aircraft in the NAS, reduce noise and air pollution, as well as increase th e safety of life and propert y in the air and on the ground. Furthermore, b y reducing the number of manned aircraft operating in the NAS, congestion around airports caused b y arriving and departing aircraft will be reduced. The DJI Phantom 3 and DJ I S1000 UAs do not require an airport to takeoff or land. L ikewise, a reduction of manned aircraft conducting aerial video and photography missions would result in fewer aircraft that must be handled b y 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 3**  **and DJI S1000 UASs.**  Conducting aerial acquisitions with the DJI Phantom 3 and DJ I S1000 UASs, instead of manned aircraft, will gre atly benefit the public by drasticall y reducing the levels of air and noise pollution generated during traditional aerial video and still photography flight operations. By using battery

power and electric motors, the DJ I Phantom 3 and DJ I S1000 UASs produc e no air pollution, and is the most viable environmentall y conscious alternative to the cabin class, six cylinder internal combustion engine aircraft that are ty pically utilized for aerial video and photograph y, while burning approximately 20
- 30 gallons pe r hour of leaded aviation fuel. The DJI Phantom 3 and DJ I S1000 UAs, while reducing the carbon footprint of aerial acquisitions,17

also eliminates noise pollution, as the UAs are propelled by battery powered electric motors, rather than an internal combusti on engine. By using the DJ I Phantom 3 and DJ I S1000 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 subst antially reduced or completel y eliminated. Aside from the lack of flight crew members located onboard the aircraft, the DJ I Phantom 3 and DJIS1000 UAs (weighing approximately 2 pounds 11 ounces and 9 pounds respectivel y, at their maximum gross weights w ith lengths of 16 inches and 41 inches respectivel y, widths of 16 inches and 41 inches respectively, and with no fuel on board), has less phy sical potential for collateral damage to life and property on the ground, and in the air, compared to the manned ai rcraft that ty picall y conduct similar operations (weighing approximately

6,000 pounds with a wingspan of approximately 42 feet, a length of 34 feet, and a fuel capacity of 180 gallons) conduct similar operations (weighing approximately 6,000 pounds with a wingspan of approximately 42 feet, a length of 34 feet, and a fuel capacity of 180 gallons). **3. Performing Aerial Video and Photography Operations With The**  **DJI Phantom 3**  **and DJI S1000 UASs Will Benefit The Economy.**  In addition to being safe and efficient, the DJ I Phantom 3 and DJIS1000 UASs are also an economical alternative to using manned aircraft to conduct similar aerial operations. As such, operation of the DJ I Phantom 3 and DJIS1000 UASs will allow United States based companies, like Steven Deway

ne B irks’s , to remain competitive and contribute to growth of the U.S.
econom y. Specifically, with the rising cost of aviation fuel and the Environmental Protection Agency (“EPA”) regulatory

actions phasing out leaded aviation fuels, U.S. owned and operated
co mpanies must adopt new and alternative technology in order to remain competitive. Operating the battery

powered DJ I Phantom 3 and DJIS1000 UASs is one such technology that not only18

allows companies greater operational flexibility compared to manned aircra ft, but provides such flexibility without the high operational cost of a traditional manned aircraft. By operating the DJ I Phantom 3 and DJIS1000 UASs, companies such as Steven Deway ne Birks , can remain competitive and profitable, and therefore, provide greater job stability to employees and contractors, which will ultimately c ontribute to growth of the U.S.
econom y. Improved financial performance of U.S. companies, through commercial use of the DJI Phantom 3 and DJ I S1000 UASs, provides a stable workfor ce 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. **4. There Are No Privacy Issues.**  Similar to the manned aerial acquisition flight operations that have been conducted for decades, Steven Deway

ne Birks ’s proposed operation of the DJ I Phantom 3 and DJ I S1000 UASs will not implicate any

privacy issues. Specificall y, the DJ I Phantom 3 and DJIS1000 UASs will be
o perated onl y in compliance with operating documents (i.e., the Steven Deway ne Birks Aerial Operations Manual, Monthly Maintenance Log, and DJI Phantom 3 and DJIS1000 Instruction Manual) which requires property owner involvement as well as l ocal law enforcement notification, and in accordance with the Federal 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 W ould Provide A Level Of Safety At Least Equal To That**  **Provided By The Rule From Which Steven Dewayne Birks Seeks**  **Exemption. 1.**  **Reasons Why The DJI**  **Phantom 3 and DJI S1000**  **UAs Meet The Conditions Of The FAA Modernization and Reform Act of 2012 (FMRA) Section**  **333.** In consideration of the size, weight, speed, and limited operating area associated with the unmanned aircraft and its operation, Steven Deway ne Birks ’s operation of the DJ I Phantom 319

and DJ I S1000 UASs meet the conditions of FMRA Section 333, and w ill not require 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 h azard to users 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 date of enactment of this Act, the Secretary of Transportation shall determine if certain unmanned aircraft systems may operate safely in the national airspace system 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 Aircraft 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 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) 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 th e national airspace system. In seeking this exemption, Steven Deway ne Birks submits that the DJ I Phantom 3 and DJ I S1000 UASs can operate safel y in the NAS pursuant to FMRA Section 333, as demonstrated b y: (a) the characteristics of the DJ I Phantom 3 and DJIS1000 UASs; (b) the pilot certification requirement; and (c) the specific operating limitations.

**a. The Specifications Of The DJI**  **Phantom 3 and DJI S1000**  **UASs Demonstrate Its Safe Characteristics.** 20

The DJ I Phantom 3 and DJIS1000 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 3**  **and DJI S1000 UASs.**  The technical specifications of the DJ I Phantom 3 and DJ I S1000 UASs are set forth b y the DJ I Phantom 3 and DJIS1000 Specifications and Data Sheet, attached hereto as Exhibit A and B.

**ii. The**  **DJI Phantom 3**  **and DJI S1000 UASs Autonomous Flight And**  **Navigation Modes Enable The UASs To Remain Within A Defined Operational Area.**  The DJ I Phantom 3 and DJIS1000 UASs may be operated in both manual and fully autonomous flight modes. A complete description of the flight and navig ational modes of the DJ I Phantom 3 and DJIS1000 UASs is provided at pages 25

- 35 of the DJ I Phantom 3 and pages 12

- 16 and 45

- 50 of the DJ I S 1 000 User Manuals, attached hereto as Exhibit C and D.

**iii. The**  **DJI Phantom 3**  **and DJI S1000 UASs Are Designed For Automa**  **tic Return To Home Point Or Hover In The Event Of Loss Of The Control**  **Link Or Navigation.** When the Control L ink is lost, the DJI Phantom 3 and DJ I S1000 UAs will remain stationary , in flight, for 3 seconds or more. If, after 3 seconds, the DJ I Phantom 3 and DJIS1000 UAs do not reacquire control link data from the GCS, the UAs will assume that the Control L ink is lost and the UAs will return to the home position (i.e., failsafe mode) via GPS, and will descend to the takeoff position and shutdown. A comple te description of the Failsafe Functions of the DJ I Phantom 3 UAS are set forth at pages 27 through 29 and for the DJ I S 1 000 at pages 13 through 15 of the DJI Phantom 3 and DJIS1000 User Manuals, attached hereto as Exhibit C and D.21 **iv. The DJI**  **Phantom 3 and DJI S1000**  **GCS And Its Operation.** A complete description of the operation and specifications of the DJ I Phantom 3 and DJ I S1000 GCS and flight control software is provided at pages 32 through 43 of the DJ I Phantom 3 User Manual and pages 40 through 4 7 of the DJ I S1000 User Manual. DJI Phantom 3 and DJ I S1000 User Manuals are attached hereto as Exhibits C and D.

**b. Flight Operations Of**  **DJI Phantom 3**  **and DJI S1000 UASs Are Limited To**  **The Line Of Sight Of A Certificated Pilot in Command With A Safety Obser** **ver.** Steven Deway

ne Birks will only

utilize certificated pilots who possess a current and valid airman medical certificate to act as a pilot in command (PI C) of the DJ I Phantom 3 and DJ I S1000 UASs. Additionally , a safety observer will assist all pilots during flight time.

**c. Flights Of**  **DJI Phantom 3**  **and DJI S1000 UASs Will Be Conducted Pursuant**  **To Specific Operating Limitations.** In seeking this exemption, Steven Deway ne Birks proposes to commercially operate DJ I Phantom 3 and DJIS1000 UASs for the special purpose of conducting aerial video and photograph y over certain areas of United States, pursuant to the following specific operating limitations: 1. Operations authorized b y th is grant of exemption will be limited to the following aircraft described in the operating documents, rotorcraft UASs weighing less than 55 pounds maximum gross weight: DJ I Phantom 3 and DJIS1000 Unmanned Aircraft Sy stems. Proposed operations of any other aircraft will require a new petition or a petition to amend this grant. 2. UAS operations under this exemption will be limited to conducting operations for the purpose of aerial video and photography

. 3. The UAs may

not be flown at an indicated airspeed excee ding 20 knots. 4. The UA must be operated at an altitude of no more than 2 00 feet above ground level (AGL), as indicated b y the procedures specified in the operating documents unless a special request is made and approved b y ATC. All altitudes reported to ATC must be in feet AGL.22

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 b y an y device other than corrective lenses, as specified on the PI C’s FAA
- issued airman medical certificate. 6. The use of first person view (FPV) b y the PI C or safet y observer (SO) is not permitted. 7. All operations must utilize a safety observer (SO). The SO may be used to satisfy the VLOS requirement as long as the PIC alway s maintains VL OS capability . The SO and PI C must be able to communicate verbally at all times. Electronic messaging or texting is not permitted during flight operations. The PI C must be designated before the flight and cannot transfer his or her designation for the duratio n of the flight. The PI C must ensure that the SO can perform the functions prescribed in the operating documents. 8. The SO must not perform any other duties beyond assisting the PI C with seeing and avoiding other air traffic and other ground based obstacles /obstructions and is not permitted to operate the camera or other instruments. 9. The operating documents and the grant of exemption must be accessible during UAS operations and made available to the Administrator upon request. If a discrepancy exists betwee n the conditions and limitations contained in the grant of exemption and the procedures outlined in the operating documents, the conditions and limitations contained in the grant of exemption take precedence and must be followed. Otherwise, the operator mu st follow the procedures as outlined in its operating documents. The operator may update or revise its operating documents. It is the operator’s responsibility

to track such revisions and present updated and revised documents to the Administrator upon requ est. 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 an y update or revision would affect the basis upon which the FAA granted the exemption, then the operator must petition for amendment to its grant of exemption. The FAA’s UAS Integration Office (AFS

- 80) may be contacted if questions arise regarding updates or revisions to the operating documents. 10. Prior to each flight the PIC must inspect the UAS to ensure that it is in a condition for safe flight. If the inspection reveals a condition that affects the safe operation of the UAS, the aircraft is prohibited from operating until the necessary maintenance has been performed and the UAS is found to be in a condition for safe flight. The Ground Control Station must be included in the preflight inspection. All maintenance and alterations must be properly documented in the aircraft records. 11. Any UAS that has undergone maintenance or alterations that aff ect the UAS operation or flight characteristics, e.g. replacement of a flight critical component, must undergo a functional test flight. The PI C who conducts the functional test flight must make an entry

in the aircraft records.23

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/comp onent, 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 aircraft 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 unde r this exemption must comply with all manufacturer Safety Bulletins. 16. The authorized person must make an entry in the aircraft record of the corrective action taken against discrepancies discovered between inspections. 17. The PI C must possess at least a priv ate pilot certificate and at least a current third

class medical certificate. 18. The operator may

not permit any

PI C to operate unless the PI C meets the operator’s qualification criteria and demonstrates the ability to safel y operate the UAS in a manner con sistent with how the UAS will be operated under the exemption, including evasive and emergency

maneuvers and maintaining appropriate distances from persons, vessels, vehicles and structures. PIC qualification flight hours must be logged in a manner consist ent 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 onl y 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 must operate the UA with appropriate distance from nonparticipants in accordance with 14 C.F.R. § 91.119. 19. UAS operations may

not be c onducted 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 request will be made at the FAA office closest to proposed area of operations. F lights under special visual flight rules (SVFR) are not authorized. 20. The UA may

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

- published aeronautical chart unless a letter of agreement with that airport’s mana gement is obtained, and the operation is conducted in accordance with a NOTAM as required b y the operator’s COA. The letter of agreement with the airport management must be made available to the Administrator24 upon request. 21. The UA may

not be operated less than 2 00 feet below or less than 2,000 feet horizontally

from a cloud or when visibility is less than 3 statute miles from the PI C. 22. If the UA loses communications or loses its GPS signal, it must return to a predetermined location within the planned operating area and land or be recovered in accordance with the operating documents. 23. The PI C must abort the flight in the event of unpredicted obstacles or emergencies in accordance with the operating documents. 24. The PI C is prohibited from beginning a flight unless (considering wind and forecast weather conditions) there is enough power to fl y atnormal cruising speed to the intended landing point and land the UA with 25% battery power remaining. 25. The operator must obtain an Air Traffic Organization (ATO) issued Certificate of Waiver or Authorization (COA) prior to conducting any operations under the grant of exemption. This COA will also require the operator to request a Notice to Airman (NOTAM) not more than 72 ho urs 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, altitude level and potential transponder requirements. 26. All aircraft operated in accordance with the exemption must be identified by serial number, registered in accordance with 14 C.F.R. part 47, and have identification (N

Number) markings in accordance with 14 C.F.R. part 45, Subpart C. Markings must be as large as practicable. 27. Before conducting operations, the radio frequency spectrum used for operation and control of the UA must comply with the Federal Communications Commission (FCC) or other appropriate government oversight agency requirements. 28. The documents re quired fewer than 14 C.F.R. 91.9 and 91.203 must be available to the PI C 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 upon request. 29. The UA must remain clear and yi eld the right of way to all manned aviation operations and activities at all times. 30. The UAS may

not be operated b y the PIC from any moving device or vehicle. 31. Flight operations must be conducted at least 500 feet from all nonparticipating persons (persons other than the PI C, SO, operator trainees or essential persons), vessels, vehicles, and structures unless:25 a. Barriers or structures are present that sufficientl y 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 and 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 PI C has made a sa fet y assessment of the risk of operating closer to those objects and determined that it does not present an undue hazard, and;
c. Operations nearer to the PI C, SO, operator trainees or essential persons do not present an undue hazard to those persons per § 9 1.119(a). 32. All operations shall be conducted over private or controlled

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

- 80) within 24 hour s. 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 Adversely Affect Safet** **y.** Steven Deway

ne Birks 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 DJ I Phantom 3 and DJ I S1000 UASs unless that PI C has demonstrated, by meeting minimum flight

- hour and currency requirements, that the PI C is able to safely operate the DJ I 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 Steven Deway ne Birks ’s proposed area of operations, and the operating limitations set forth

- above; the parallel nature of private pilot aeronautical knowledge requirem ents to those of commercial pilot requirements (See Exemption No. 11062); and the airmanship skills necessary to safel y operate the DJI Phantom 3 UAS, Steven Deway ne Birks26

submits that the additional manned airmanship experience of a commercially certifi cated pilot would not correlate to the airmanship skills necessary for Steven Deway

ne Birks ’s specific proposed flight operations. The FAA has previously

granted relief from Section 61.113(a) and (b) specific to UAS, in circumstances similar, in all mat erial 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). Steven Deway

ne Birks will not allow any PI C to operate the DJ I Phantom 3 UAS unless that PI C has demonstrated, by meeting minimum flight

- hour requirements or the DJ I Phantom 3 UAS training and currency requirements, that the PI C is able to safely operate the DJ I Phantom 3 UAS in a manner consistent with thi s exemption, including evasive and emergency maneuvers and maintaining appropriate distances from people, vessels, vehicles and structures. Specificall y, the PI C 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 PI C must accomplish 3 takeof fs and landings in the preceding 90 day s (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 Steven Deway

ne Birks ’s proposed operations. The Administrator has held that prior documented flight experience that was obtained in compliance with applicable regulations would ensure safe operations, stating as follows:27

In Exemption No. 11062, the FAA required that prior to conducting operations for the purpose of motion picture filming (or similar operations), the PI C 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 includin g at least 10 hours logged as a UAS pilot with a multi

- rotor UAS. Prior to operations under Exemption No. 11062, the PI C 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 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 day s (for currency

purposes). The FAA finds that at a minimum, the flight

- hour requirements in Exemption No. 11062 are appropriate to practice and build proficiency in the skills necessary

to safely conduct the petitioner’s proposed operations. The FAA also finds that prior documented flight experience that was obtained in compliance with applicable regulations would satisfy this 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 requi red to operate the UA with appropriate distances in accordance with 14 C.F.R 91.119. Exemption No. 11138 at page 15. Accordingl y, Steven Deway ne Birks will ensure safe operations b y not allowing an y P IC to operate the DJ I Phantom 3 UAS unless that PIC has demonstrated, b y meeting minimum flight

- hour and currency

requirements, that the PIC is able to safel y operate the DJ I Phantom 3 UAS in a manner consistent with the exemption, including evasive and emergency maneuvers and maintaining appropriate dist ances 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 safety established b y Section 91.7(a) will be maintained because prior to every

flight, Steven Deway

ne Birks will ensure that the DJ I Phantom 3 UAS is in an airworth y condition based upon the UAS’s compliance with its operating do cuments and as stated in the conditions and limitations herein.28

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. 11 062, 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 equivalent l evel of safet y established b y Section 91.121 will be maintained because the altitude information of the DJ I Phantom 3 and DJIS1000 UAs will be provided to the PI C 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 Steven Deway ne Birks ’s operation of the DJ I Phantom 3 and DJIS1000 UAs within visual line of sight, at or below 2 00 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 b y the UASs at ground level. The FAA has previously

granted relief from Section 91.121 specific to UAS, in circumstances similar, in all material respects, to those presented herein (e.g. Exemption Nos. 11062, 11063, 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 Adver**  **sely 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 DJ I Phantom 3 and DJ I S1000 UASs; (2) the limitations on the propos ed flight operations; and (3) the location29

of the proposed flight operations. Accordingly , Steven Deway ne Birks will ensure that it will safel y operate the battery powered DJ I Phantom 3 and DJ I S1000 UAs 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 fl y after that for at least 4.5 minutes. Here, as in Exemption No. 11109, the technical specifications of the DJ I Phantom 3 and DJIS1000 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 DJ I Phantom 3 and DJIS1000 UASs provide audible and visual warnings to the PI C at the GCS when the UAs experiences low battery voltage, the first warning occurring at approximately 33% remaining battery

power, and again at approximately

10% remaining batt ery power. At the criticall y low battery level, the DJ I Phantom 3 and DJI S 1 000 UASs will descend and land automatically

. Significantl y, previous exemptions granted b y the FAA concerning Section 91.151 establish that safety is not adversel y 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, 11 110, 11136, 11138, 11150, 11153, 11156, 11157, 11158, 11159, 11160, 11161).30

**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 th is exemption, Steven Deway ne Birks submits that the equivalent level of safety with regard to the regulatory maintenance and alteration requirements established by Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b) will be met bec ause Steven Deway

ne Birks will use trained technicians to perform maintenance, alterations, or preventive maintenance on the UASs using the methods, techniques, and practices prescribed in the operating documents (i.e., the Steven Deway ne Birks Aerial Oper ations Manual, Monthly Maintenance Lo g, and DJI Phantom 3 and DJ I S1000 In struction Manual). Furthermore, Steven Deway ne Birks will document and maintain all maintenance records for the DJI Phantom 3 and DJIS1000 UASs. Since the DJ I Phantom 3 and DJ I S 1000 UASs will be inspected as prescribed by the operating documents, Steven Deway ne Birks will 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 DJ I Phantom 3 and DJ I S1000 User Manuals are attached hereto as Exhibit C and D; a copy of the DJ I Phantom 3 and DJ I S1000 UAS Maintenance LOG is attached hereto as Exhibit E.

Likewise, the exemption sought will not adversel y affect safety because Travis L ee Berry will use trained technicians to perform maintenance, alterations or preventive maintenance on the UAS using the methods, techniques, and practices prescribed b y the operating documents. Furthermore, the exemption sought would maintain an equivalent level of safety establ ished by

Sections 91.407, 91.417(a) and 91.417(b), because all maintenance of the DJ I Phantom 3 and DJIS1000 UASs will be performed by trained technicians. Maintenance will be documented and maintained utilizing the monthly maintenance log.31 Significantl y, previous exemptions granted b y 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 adversel y affected when the technical characteristics and operating limitations of the UAS are considered. In consideration of Steven Deway ne Birks ’s proposed operating limitations, the operating documents, and the technical aspects of the DJ I Phantom 3 and DJIS1000 UASs, Steven Deway

ne Birks submits that safety will not be adversely affected by granting exemption from 14 C.F.R. Sections 91.405(a), 91.407(a)(1) and (a)(2), 91.409(a)(2), and 91.417(a) and (b). The FAA has previously

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

**7. The FAA May Prescribe Any Other Conditions For Safe Operation.** In accordance with Sec tion 333 of the FAA Modernization and Reform Act of 2012 (FMRA) and 14 C.F.R. § 21.16 entitled Special Conditions, Steven Dewayne Birks requests that the FAA prescribe special conditions for the intended operation of the DJ I Phantom 3 and DJI S 1 000 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 §§ 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 photograph y 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 the32

NAS or the public, or otherwise pose a threat to national security ; and further, provides the authority for such UAS to operate without airworthiness certificat ion in accordance with an y 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, for operation of the DJ I Phantom 3 and DJI S1000 UA Ss, 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: 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 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 and DJI S 1 000 UASs, which contain such safety standards that the Administrator finds necessary

to establish a level of safet y 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 Th**  **at Can Be Published In The Federal Register, stating: The Rules From Which**  **Steven Dewayne Birks Seeks Exemption:**  Steven Dewayne Birks 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 Steven Dewayne Birks**  **Seeks :** 33

This exemption will permit Steven Dewayne Birks 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**  **Steven Dewayne Birks**  **’s 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 safel y in the NAS. As such, Steven Deway ne Birks ’s request 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 hazard to users of the NAS or the publi c, 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, Steven Deway ne Birks will operate the DJ I Phantom 3 and DJIS1000 UASs safel y i n 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, Steven Deway ne Birks Seeks an exemption pursuant to 14 C.F.R. § 11.61 and Section 333 of the FAA M odernization and Reform Act of 2012 (FMRA), which will permit safe operation of the DJ I Phantom 3 and DJIS1000 UASs commercially , without an airworthiness certificate, for the limited purpose of conducting aerial video and photography over certain areas o f the United States. By granting this Petition, the FAA Administrator will be fulfilling the Congressional mandate of the FAA Modernization and Reform Act of 2012, while also advancing the interests of the public, by allowing Steven Deway

ne Birks to safel y, efficiently , and economicall y operate the DJ I34

Phantom 3 and DJI S 1 000 UASs commerciall y within the NAS. **WHEREFORE** , in accordance with the Federal Aviation Regulations and the FAA Modernization and Reform Act of 2012, Section 333, Steven Deway ne Birks respectfull y requests that the Administrator grant this Petition for an exemption from the requirements of 14 C.F.R Sections 61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b), and permit Leadin g Edge to operate the DJ I Phantom 3 and DJI S1000 UASs commercially for the purpose of conducting aerial video and photography over certain areas of the United States. Dated: March 6, 2015

Respectfully submitted, Steven Deway

ne Birks

__________________

_____________ Steven Deway

ne Birks 4240 Solarface CT Colorado Springs, CO 80916

(719) 271

- 1345 Email: birks06@gmail.com35

Appendices : A

– DJI Phantom 3 Specifications Data Sheet B

– DJI Phantom S 1 000 Specifications Data Sheet C

– DJI Phantom 3 Manufacturer’s User Manual D

– DJI Phantom S 1 000 Manufacturer’s User Manual E

– Monthly

Maintenance Log & Pilot L og36 APPENDIX

– A **DJI PHANTOM 3**  **TECHNICAL SPECIFICATIONS** Steven Deway

ne Birks only utilizes safe and reliable UASs. DJ I is an industry leader in small UAS production. DJ I 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 l imit 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 PI C via the linked monitor (smart phone/tablet devices) 1.1 DJI Phantom 3 1.1.1 Aircraft 1.1.1.1 Supported Battery

– DJ I 5200mAH L iPo Battery 1.1.1.2 Weight (Battery

& Propellers Included)

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

(Ready to Fly)

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

- 200 0 /s 1.1.1.5 Max T ilt Angel

- 35 0 1.1.1.6 Max Ascent Speed

– 6m/s 1.1.1.7 Max Descent Speed

– 2m/s 1.1.1.8 Max Flight Speed

– 15m/s (NOT RECOMMENDED) 1.1.2 Gimbal 1.1.2.1 Working Current

– Static: 750mA; Dy namic: 900mA 1.1.2.2 Control Accuracy

- ±0.03 0 1.1.2.3 Controllable Range

– Pitch:

- 90 0
- 0 0 1.1.2.4 Maximum Angular Speed

– Pitch: 90 0 /s 1.1.3 Camera 1.1.3.1 Operating Temperature Range

- 32 0 F
- 104 0 F (0 0 C
- 40 0 C) 1.1.3.2 Sensor Size

– 1/2.3” 1.1.3.3 Effective Pixels

– 14M 1.1.3.4 Resolution

– 4384x3288 4.1.3.5 HD Video Recording

– 1080p30 & 720p 4.1.3.6 Recording Field of View

- 110 0 /85 0 1.1.4 Transmitter 1.1.4.1 Operating Frequen cy
– 5.728GHz

– 5.85GHz 1.1.4.2 Communication Distance (unobstructed)

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

- - 93dBm 1.1.4.4 Transmitter Power

– FCC Compliance: 100mW 1.1.4.5 Working Voltage

– 120mA@3.7V37

1.1.5 Range Extender 1.1.5.1 Operating Frequency

– 2412
- 2462MHz 1.1.5.2 Communication Distance (unobstructed)

– 500
- 700m 1.1.5.3 Transmitter Power

– 20dBm 1.1.5.4 Power Consumption

– 2W38 APPENDIX

– B **DJI S**  **1 000**  **TECHNICAL SPECIFICATIONS** Steven Deway

ne Birks only

utilizes safe and reliable UASs. DJ I is an industry leader in small UAS production. DJ I UASs are loaded with ground breaking software enabling the user to set parameters which will not allow flight into controlled airspace. Parameters can also be set to limit flight to no higher than a predetermined and set altitude as well as limit flight to a predetermined and set distance. In addition, DJI software provides real

- time altitude and location information to the PI C via the linked monitor (smart phone/tablet devices) 2.2 DJI S1000 2.2.1 Aircraft 2.2.1.1 Model
– T600 2.2.1.2 Weight (Battery Included)
– 6lbs 7.5291oz (2935g) 2.2.1.3 Hovering Accuracy (GPS Mode)
– Vertical: 0.5m; Horizontal: 2.5m 2.2.1.4 Max Angular Velocity
– Pitch: 300 0/s; Yaw: 1500/s 2.2.1.5 Max Tilt Angle

- 35 0 2.2.1.6 Max Ascent Speed
– 5m/s 2.2.1.7 Max Descent Speed
– 4m/s 2.2.1.8 Max Speed
– 22m/s (ATTI mode, no wind
– NOT RECOMMENDE D) 2.2.1.9 Max Flight Altitude
– 4500m 2.2.1.10 Max Wind Resistance
– 10m/s 2.2.1.11 Max Flight Time
– Approximately 18 minutes 2.2.1.12 Motor Model
– DJI 3510 2.2.1.13 Propeller Model
– DJI 1345 2.2.1.14 Operating Temperature Range
– 14 0F to 1040F (

- 10 0C to 400C) 2.2.1.15 Dimensions
– 17 1⁄4” x 17 3⁄4” x 12” 2.2.2 Gimba l 2.2.2.1 Model
– ZENMUSE X3 2.2.2.2 Output Power (with camera)
– Static: 9W; In Motion: 11W 2.2.2.3 Operating Current
– Static: 750mA; In Motion: 900mA 2.2.2.4 Angular Vibration Range

- ±0.03 0 2.2.2.5 Mounting
– Detachable 2.2.2.6 Controllable Range
– Pitch:

- 90 0 to +300; Pan: ±3200 2.2.2.7 Mechanical Range
– Pitch:

- 125 0 to 450; Pan: ±3300 2.2.2.8 Max Controllable Speed
– Pitch: 120 0/s; Pan: 1800/s39

2.2.3 Camera 2.2.3.1 Name – X3 2.2.3.2 Model
– FC350 2.2.3.3 Total Pixels
– 12.76M 2.2.3.4 Effective Pixels
– 12.4M 2.2.3.5 Image Max Size
– 4000x3000 2.2.3.6 ISO Range
– 100
- 3200 2.2.3.7 Field of View

- 94 0 2.2.3.8 CMOS
– Sony EXMOR 1 /2.3” 2.2.3.9 HD Video Recording
– UHD(4K): 4096x2160p24/25,

3840x2160p24/25/30; FHD: 1920x1080p24/25/30/48/50/60; HD: 1280x720p24/25/30/48/50/60 2.2.3.10 Operating Temperature Range
- 32 0F

- 104 0F (00C

- 40 0C) 2.2.4 Transmitter 2.2.4.1 Name – C1 2.2.4.2 Operating Frequency
– 5.728
- 5.850GHz; 2.400
- 2.483GHz 2.2.4.3 Communicating Distance (unobstructed)
– 2000m 2.2.4.4 Output Power
– 9W 2.2.4.5 Operating Temperature Range
- 14 0F to 1040F (

- 10 0C to 400C) 2.2.4.6 Battery – 600mAh LiPo 2S40 APPENDIX

– C

DJI Phantom 3 Manufacturer’s User Manual41 APPENDIX

– D

DJIS1000 Manufacturer’s User Manual42 APPENDIX

– E

**MONTHLY MAINTENANCE**  **LOG** month:_________ ( year :________ **UAS$#:$___________** Date(Issue( Discovered Date(Issue(

Addressed Issue(Description(&(Maintenance(Conducted Maintenance(Performed(By:((( Print(&(Sign
Software(Updates

Airframe(

Engines

Propellers
Camera(Gimbal
Landing(Gear
Vibration(Dampening

Other:

**Pilot Log** 43