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

Regulatory Docket No. _______________

IN TH E MATTER O F TH E P ETITION F OR EX EMPTION O F : 19 Holes of P roduction, a Limited L iability Corporation d oin g business as 19H OP FOR A N EX EM PTION S EEKING R ELIEF FROM TH E REQUIREMENTS O F

TI TLE 14 O F TH E CODE OF FEDERAL REGULATIONS S ECTIONS 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) CONCERNIN G CO MMERCIAL OPERATION OF DJI UNM ANNE D AIRCRAFT S YSTEM S PURSUANT T O S ECTION 333 O F T HE F AA MODERNIZATION AND REFORM ACT O F 2012

(PUBLIC LAW 112- 95)

Submitted on M arch 24 , 2015 Joseph B. Ferry Jr , President 6846 S urrey R oad Fayetteville, North Carolina 28306 910-633-3087TABLE OF CONTENTS Page GLOSSARY OF ABBREVIATIONS...................................................................................3 S UMMARY...........................................................................................................................4 I NTRODUCTION AND INTERESTS OF PETITIONER....................................................4 B ACKGROUND....................................................................................................................5 B ASIS FOR PETITION.........................................................................................................5 N AME AND ADDRESS OF PETITIONER.............................................................8 THE SPECIFIC SECTIONS OF 14 C.F.R. FROM WHICH 19HOP SEEKS EXEMPTION.............................................................................................................8 THE EXTENT OF RELIEF 19HOP SEEKS AND THE REASON 19HOP SEEKS THE RELIEF..... ................................................................................11 THE REASONS WHY 19HOP ’ S REQUEST WOULD BE IN THE PUBLIC INTEREST ............................................................................................................15 THE REASONS WHY GRANTING THE EXEMPTION WOULD NOT ADVERSELY AFFECT SAFETY............................................ ..............................18 SUMMARY THAT CAN BE PUBLISHED I N THE FEDERAL REGISTER......33 ANY ADDITIONAL INFORMATION, VIEWS, OR ARGUMENTS AVA ILABLE TO SUPPORT 19HOP ’S REQUEST... ..................................33 CONCLUSION....................................................................................................................33 E XHIBITS..............................................................................................35

2GLOSSARY OF ABBREVIATIONS AGL Above Ground Level AOI Area of Interest ATC Air Traffic Control ATO Air Traffic Organization AV Aerial Vehicle CFR Code of Federal Regulations COA Certificate of Authorization FAA Federal Aviation Administration FAR Federal Aviation Regulation GCS Ground Control Station GPS Global Positioning System LOL Loss of Link NAS National Airspace System NOTAM Notice to Airman PIC Pilot In Command 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 Landing

3SUMMARY 19HOP seeks exemption f rom 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 19HOP to operate an Unmanned Aircraft System (UAS) for the commercial purpose of conducting aerial video and photography of construction sites, real estate, golf courses, and landscape over certain areas of the United States. INTRODUCTION AND INTERESTS OF THE PETITIONER 1 9 HOP pro v ides its c lients w ith aerial p ho to graphic services . The President (Joseph Ferry) and Chief Operating Officer (Jason Cook) each have over 20 years of professional

ex perience in Information T echnology an d i s r ecognized as an exper t i n n etw ork infrastructure and project management. E ach has completed a manufacturer sponsored training course in all aspects of aerial video and photography specifi c to the Phantom 2 Vision + and have more than 25 hours time in type

. The Chief Pilot (Dale Young) is a

cer tificated commercial single and multi-engine pilot with instrument privileges and is an Adv anced Ground Instructor. Mr Young also has more than 15 years experience with electrically powered remotely controlled model class aircraft. Mr Young completed the manufacturer sponsored training course and has mor e than 25 hours multi-rotor time in the Phan tom 2 V ision+. The objective of 19HOP aerial video and photography operations is to provide high quality imaging for a variety of commercial, public, and residential uses, specifically targeting

• Golf C ourse a nd Resort p romotional vi deos

4• Appraisals

• Real

- estate marketing

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

• Events BACKGROUND Unmanned Aircraft Systems: DJI Phantom 2 Vision+ and DJI Inspire 1 9 HOP seeks an ex emption t o o perate DJI s ystem s for compensation or hire within the NAS. The DJI Phantom 2 Vision+ and DJI Inspire are vertical takeoff and landing (VTOL) Unmanned A ir craft (UA) w ith a G round C ontrol Station ( GCS) u tilizing

e lectronic t ablet ors mart phone systems. Each system has a gross weight of under 6.5, while having a length of 16 inches width of 16 inches, height of 8 inches, and a maximum speed of approximately 29 knots. Both systems are equipped with four main rotors driven by Lithium Polymer battery powered e lectric mo tors.

The DJI Phantom 2 Vision+ and Inspire UA s that will be operated by 19HOP will b e registered in accordance with 49 U.S.C. 44103, Reg istration 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, 19HOP , pursuant t o the pr ovisions of t he F ederal A viation Regulations (14 C.F.R. § 11.61) a nd the F AA M odernization and Reform A ct of 2012 (FMRA), Section 333, Special Rules for Certain Unmanned Aircraft Systems , hereby petitions th e Ad ministratorto c ommercially operate the DJI Phantom 2 Vision+ and DJI Inspire in th e

5National Airspace System (NAS), and for an exemption from the requirements of 14 C.F.R

§§ 61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a) (2), and 91.417(a) & (b). In consideration o f

t h e speed, w eight, s ize, an d l imited o peratin g ar ea associated with the se unmanned

aircraft , 19HOP’s operation of DJI Phantom 2 Vision+ and DJI Inspire meets the conditions of FMRA Section 333 and therefore, will not require an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H. A ccordingly, 19HOP requests relief from Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b), as these sections set forth requirements for maintenance that only apply to aircraft with an airworthiness certificate. 19HOP s ubmits t hat t he r equested relief i s pr oper since a n equivalent l evel of safety w ill be ensured. 19HOP will us e exper ienced personnel t o perform maintenance, alterations, or pr eventive maintenance on the U ASs us ing t he m ethods, techniques, and practices prescribed in the operating documents (i.e., Monthly Maintenance Log, D JI Phan tom 2 Vision+ and Inspire Users Manual s , and 19HOP Flight Operations Manual)

. F u rthermore, 19HOP will document a n d m aintain al l m ain ten ance records f or t he DJI Phantom 2 Vision+ and DJI Inspire

. Relief f rom c ertain requirements of S ection 61.113(a) a nd (b), entitled Private pi lot privileges and limitations: P ilot i n command , is r equested by 19HOP to the e xtent
necessary t o al low a P ilot i n Command (PIC) hol ding a p rivate pi lot or hi gher l evel certificate, as w ell as an airman m edical cer tificate, an d w ho h as d emonstrated, b y m eeting min imum flight - h our

an d cu rrency r eq u ir ements, that t he PIC i s ab le to s afely o perate the systems in a manner consistent with this exemption, including evasive and

6emergency maneuvers and maintaining appropriate distances from people, vessels, vehicles and structures. 1 9 HOP seeks relief from Section 91.7(a), entitled Civil aircraft airw orthiness , b ecause th e systems do n o t r equire an ai rworthiness c ertificate in accordance with 14 C.F.R. Part 21, Subpart H. As such, 19HO P submits th at it wi ll ensure that the DJI Phantom 2 Vision+ and DJI Inspire is in an airworthy condition prior to ev ery f light b y d etermining tha t the UAS is in compliance with the operating documents (i.e., Monthly Maintenance Log, U sers manual s , and 19HOP Flight Operations M anual), and t hat t he air craft are in a condition for safe flight. 1 9 HOP also seeks an exemption from the requirements of Section 91.121, entitled Altimeter S ettings , as neither the Vision+ nor the Inspire have a t ypical barometric altimeter onboard. However, altitude information of the aircraft will be provided to the PIC via Global Positioning System (GPS) equipment and radio communications telemetry data link, which downlinks from the UA to the GCS for active monitoring of the flight path. This altitude information, combined with 1 9 HOP ’s operation of the aircraft within

v is ual line of sight, at or below 40 0 feet AGL, w ill ensure a level of safety equivalent to Section 91.121. Additionally, 19H OP s eeks a n exemption from t he r equirements of S ection 91.151(b), entitled Fuel requirements fo r flig ht in VF

R conditions . 1 9HOP sub mits th at safety w ill n ot

b e af f ected b y o peration of the systems during daylight hours in visual meteorological conditions (VMC) under visual flight rules (VFR), with enough battery
power to fly for a total duration of approximately 13.5 minutes to the first

7point 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, 19HOP provides the following information in support of its petition for exemption: A. Name And Address Of The Petitioner. The name and address of the Petitioner and point of contact is: Joseph B Ferry Jr , P resident 6846 S ur rey R oad Fayetteville, N orth C arolina 28306 910-633-3087 Email: JoeFerryJr@gmail.com B. The Spec ific Sections Of 14 C.F.R. From Which 19HOP Seeks Exemption. 1. 19HOP Se eks Exemption From The Requirements Of Section 61.113(a) And (b). Section 61.113, entitled Private pilot privileges and limitations: Pilot in command , subs ections (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 (P IC) of an aircraft that is carrying passenge rs or property for compensation or hire; nor may that person, for compensation or hire, act as PIC of an aircraft. (b) A private pilot may, for compensation or hire, act as PIC of an aircraft in connection with any business or employment if— (1) The flig ht i s only incidental to that business or employment; and (2) The aircraft does not carry passengers or property for compensation or hire.

2. 19HOP S eeks Exemption From The Requirements Of Section 91.7(a). Section 91.7, entitled Civil aircraft airworthi ness , subsection (a), states the following: (a) No person may operate a civil aircraft unless it is in an airworthy condition.

83. 19HOP Seeks Exemption From The Requirements Of Section 91.121. Section 91.121, entitled Altimeter settings , subsection (a), states the following, in part: (a) Each person operating an aircraft shall maintain the cruising altitude or flight lev el 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 with in 100 nautical miles of the aircraft; (ii) If there is no station within the area prescribed in paragraph (a)(1)(i) of thi s section, the current reported alti meter setting of an appropriate available station; or (iii) In the case of an aircraft not equipped with a radio, the elevation of the departure airport or an appropriate altimeter setting available before departure. 4. 19HOP Seeks Exemption From The Req uirements Of Section 91.151(b). Section 91.151, entitled Fuel requirements for flight in VFR conditions , su bsection ( b), states 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. 19HOP 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 bet ween required inspections, except as provided in paragraph (c) of this section, have discrepancies repaired as prescribed in part 43 of this chapter[.]

96. 19HOP Seeks Exemption From The Requirements Of Section 91.407(a)(1) Section 91.407, entitled Operation after maintenance, preventive maintenance, rebuilding, or alteration , subsection (a)(1), states the following: (a) No person may operate any aircraft that has undergone maintenance, preventive main t enance, rebuilding, or alteration unless

-- (1) It has been approved for return to service by a person authorized under § 43.7 of t his chapter. 7. 19HOP Seeks Exemption From The Requirements Of Sections 91.409(a)(1) A nd 91.409(a)(2). Section 91.409, enti tled 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 has had

-- (1) An annual inspection in accordance with part 43 of this chapter and has been approved for return to service by a person authorized by § 43.7 of this chapter; or (2) An inspection for the issuance of an airworthiness certificate in accordance with part 21 of this chapter. 8. 19HOP Seeks Exemption From The Requirements Of Sections 91.417(a) A nd 91.417(b). Section 91.417, entitled Maintenance records , su bsections (a) and (b), state the following: (a) Except for work performed in accordance with §§ 91.411 and 91.413, each re gistered owner or operator shall keep the following records for the periods specified in paragraph (b) of this section: (1) Records of the maintenance, preventive maintenance, and alteration and records of the 100-hour, annual, progressive, and other required or approved inspections, as appropriate, for each aircraft (including the airframe) and each engine, propeller, rotor, and appliance of an aircraft. The records must include

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

10(ii) The date of completion of the work performed; and (iii) The signature, and certificate number of the person approving the ai rcraft for return to servic e. (2) Records containing the following information: (i) The total time in service of the airframe, each engine, each propeller, and each r otor. (ii) The current status of life

- li mited parts of each airframe, engine, propeller, rotor, and appliance. (iii) The time since last overhaul of all items installed on the aircraft which ar e required to be overhauled on a specified time basis. (iv) The current inspection status of the aircraft, including the time since the la st inspection required by the inspection program under which the aircraft and its appliances are maintained. (v) The current status of applicable airworthiness directives (AD) and safety directives including, for each, the method of compliance, the AD or safety directive number and revisio n date. If the AD or safety directive involves recurring action, the time and date when the next action is required. (vi) Copies of the forms prescribed by § 43.9(d) of this chapter for each major alteration to the airframe and currently installed engines , rotors, propellers, and appliances. (b) The owner or operator shall retain the following records for the periods prescribed: (1) The records specified in paragraph (a)(1) of this section shall be retained unti l the work is repeated or superseded by oth er 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 th is chapter shall be retained until the defects are repaired and the aircraft is approved for return to service. C. The Extent Of Relief 19HOP Seeks And The Reason 19HOP Seeks The Relief.

111. Extent Of Relief 19HOP Seeks And T he Reason 19HOP Seeks Relief From Section 61.113(a) And (b). Relief from Section 61.113(a) and (b) entitled Private pilot privileges and limitatio ns: Pilot in command , is requested to the extent necessary to allow a PIC holding a private pilot or higher l evel certificate, as well as a current and valid airman medical certificate, and who has met certain flight -hour and currency requirements, to conduct the proposed UAS flight operations for compensation or hire. This relief is requested since the limitati ons 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 flight is only incidental to that business or employment; and (2) The a ircraft does not carry passengers or property for compensation or hire. As set forth more fully below, 1 9 HOP submits th at an e quivalent level of safety will be maintained because no PIC will be allowed to operate the DJI Phantom 2 Vision+ and DJI Inspire UAS unless that PIC h as m et cer tain f light -hour and currency requirements, demonstrating th at the P IC is ab le to s afely o perate t h e systems in a manner consistent with the operations specifications as described in this exemption, including evasive and e mergency m aneuvers, a s w ell as m aintaining appropriate distances f rom p eople, v essels, veh icles an d s tructures. Further, 1 9 HOP su b mits th at all flights o f th e aircraft

conducted by the PIC pursuant to the grant of this Petition: (1) will be inciden tal to 19 HOP ’ s business; and (2) will not carry passengers or property for compensation or hire.

122. Extent Of Relief 19HOP Seeks And The Reason 19HOP Seeks Relief From Section 91.7(a). Relief from Section 91.7(a) entitled Civil aircraft airworthiness , is requested to the extent required to allow 19HOP to d etermine th at th e DJI Phantom 2 Vision+ and DJI Inspire is in airworthy condition prior to every flight by ensuring that the UAS is in compliance with t he operating (i.e., M o n thly M aintenan ce Log, Users Ma n u al s , and 19HOP Flight Operations Manual) documents. 1 9 HOP seeks t he requested r elief b ecause the DJI Phantom 2 Vision+ and DJI Inspire does not require an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H. T h erefore, 19HOP will ensure th at the aircraft are in airworthy condition based upon its compliance with the operating documents (i.e., Monthly Maintenance Log, Users M anual s , and 19HOP Flight Operations Manual) prior to every flight, and f urther , d etermine th at the a ircraft is in condition for safe flight, as stated in the conditions and limitations below. 3. Extent Of Relief 19HOP Seeks And The Reason 19HOP Seeks Relief From Section 91.121. Relief from Section 91.121, entitled A ltimeter settings , may be required to allow flight operations of the DJI Phantom 2 Vision+ and DJI Inspire which u tilize a b arometri c p r essure 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), 1 9HOP seeks t h e

r eq uested r elief because the aircrafts altimeter may be set on the ground to zero feet AGL,

r ather t han t he local b arometric pressure or f ield altitu de b efore each f light.

13Considering t he l imited altitude of t he pr oposed operations, relief f rom 14 CFR 91.121 is s ought t o the e xtent ne cessary t o comply with the a pplicable c onditions a nd limitations s tated b elow. As mo re f ully s et forth h erein, a n equiv alent l evel o f s afety w ill be maintained since the aircraft are equipped with a barometric pressure sensor and GPS equipment which automatically ensures that a ground level pressure setting w ill b e

e stablished p rior to e ach flight, a nd p rovides the PIC with altitude information of the UA on the heads-up display of the GCS. 4. Extent Of Relief 19HOP Seeks And The Reason 19HOP Seeks Relief From Section 91.151(b). Relief f rom S ection 91.151(b) e ntitled F uel R equirements f or f light i n VFR conditions is requested to the extent required to allow flights of the battery powered DJI Phan tom 2 Vision+ and DJI Inspire during daylight hours in visual meteorological conditions (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 fly after that for at least 4.5 m in u tes. 19HOP seeks the requested relief because without an exemption from Section 91.151(b), the flight time duration of the battery powered DJI Systems will severely constrain th e p racticality o f a ny aerial video o rs till photo f ligh t

o p erations th at 1 9 HOP proposes to conduct pursuant to this Petition. Significantly, as set forth below, the technical specifications of the DJI Phantom 2 Vision+ and DJI Inspire operating documents, and 1 9HOP ’ s proposed operating limitations, ensure that 1 9 HOP will s afely o perate the battery p owered DJI Systems during daylight hours in visual meteorological conditions (VMC), under visual flight rules (VFR), with enough battery power to fly for a total duration of 13.5 minutes to the first point of intended landing and, assuming normal cruising speed, to fly after that for at least 4.5 minutes 145. Extent Of Relief 19HOP Seeks And The Reason 19HOP Seeks Relief From Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), And 91.417(a) & (b). Sinc e S ecti ons 91.405( a) , 91.407( a)(1), 91.409(a)( 1) & ( a)(2), and 91.417( a) & (b )

o nly appl y t o ai rcraft w ith an ai rworthiness cer tificate, 19HOP requests r elief f rom t hese Sections be cause the DJI Ph antom 2 Vision+ and DJI Inspire do not require an airworthiness c ertificate . As set forth more fully below, the DJI Systems meet th e conditions of FMRA Section 333 for operation without an airworthiness certificate. Accordingly, 1 9 HOP will use trained personnel to perform maintenance, alterations, or preventive maintenance on the UAS using the methods, techniques, and practices prescribed in the UAS operating documents (i.e., Monthly Maintenance Log, DJI Users Manual s , and 19HOP Flight Operations Manual). Fu rthermore, 19HOP will document

a nd ma intain a ll m aintenan ce records f or t he DJI P hantom 2 Vision+. D. The Reasons Why Granting 19HOP 's Request W ould Be I n The P ublic I nterest; That Is, How It Would Benefit The Public As A Whole. Granting the present Petition will further the public interest by allowing 19HOP to safely, efficiently, and economically perf orm aerial video and photography of golf courses,

resorts , real estate, and landscape over certain areas of the United States. Additionally, use of the DJI Phantom 2 Vi sion+ and DJI Inspire UAS will decrease congestion of the NAS, reduce pollution, and provide significant benefits to the
economy. Notably, the benefits of 1 9 HOP ’ s proposed operation of the DJI UAS s will b e

r ealized w ithout implicating a ny p rivacy is su es.

151. The Public Will Benefit From Decreased Congestion Of The NAS. The DJI Phantom 2 Vi sion+ and DJI Inspire are battery powered and serve as a safe, ef ficient, an d eco n o mical alternative to th e ma nn ed a ircraft tr aditionally u tilized to

o b tain a erial imagery. By r educin g t he amo unt of manned aircraft needed to perform aerial acquisitions, an exemption allowing the use of a DJI UAS s will reduce the amount of manned aircraft in the NAS, reduce noise and air pollution, and i n crease the safety o f l ife and property in the air and on the ground. Furthermore, by r educing t he num ber of m anne d aircraft ope rating i n the NAS, congestion around airports caused by arriving and departing aircraft will be reduced. The DJI Systems do not require an airport to takeoff or land. Likewise, a reduction of manned aircraft conducting aerial video and photography missions will r esu lt i n f ewer 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+ UAS . Conducting aerial acquisitions with the DJI Phantom 2 Vision+ and DJI Inspire instead of manned a ircraft will greatly b enefit the p ublic b y d rastically reducing th e le vels o f a ira nd n oise pollution generated during traditional aerial video and still photography flight operations. By using battery power and electric motors, the DJI Systems produce no ai r pollution and is the most viable environmentally conscious alternative to the cabin class, s ix c ylinderin ternal combustion e ngine a ircr aft that are

t y p ically u tilized f

or a erial video and photography, while burning approximately 20-30 gallons per hour of leaded aviation fuel. The DJI Systems , while reducing the carbon footprint of aerial acquisitions, also eliminates noise pollution,

16as the UAs are propelled by battery powered electric motors, rather than an internal

combustion engine. By using the DJI Systems to p erform aerial acquisitions, th e s ubstantial 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 comple tely eliminated. A side f rom the la ck

o f flight crew me mbers lo cated o nboar d th e a ircraft, th e DJI Phantom 2 Vision+ and DJI Inspire (weighing less th an 7 pounds at maximum gross weight with a length and width of 16 inch es , and with no fuel on board), ha ve les s p hysical potential for collateral damage to life and property on the ground and in the air

co mpared to th e ma nned a ir cr aft that typically c onduct similar o perations ( weighing

a ppr o x imately 6,000 pounds with a wingspan of approximately 42 feet, a length of 34 feet, and a fuel capacity of 180 gallons). 3. Performing Aerial Video and Photography Operations With The DJI Phantom 2 Vision+ and DJI Inspire Will Benefit The Economy. In addition to being safe and efficient, the DJI Systems are an eco nomical alternative to using manned aircraft to conduct similar aerial operations. As such, operation of the DJI Systems will allow U nited S tates b ased companies lik e 19 HOP to remain competitive and contribute to growth of the U.S. econom y. S p ecifically, w ith th e 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 comp etitive. O perating t he b attery powered DJI

Systems 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 ai rcraft.

17By o perating t he DJI Systems , companies such as 19 HOP can r emain

competitiv e and profitable, and therefore provide greater job stability to employees and contractors, which will ultimately contribute to growth of the U.S. economy. Improved financial performance of U.S. companies, through commercial use of the DJI Systems , provides a stable workforce that increases consumer spending; improves local, s tate,

an d f ederal t ax r ev en u es; an d al lows co mpan ies t o i nvest i n r es ear ch an d 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 d ecades, 19HOP ’s proposed operation of the DJI Systems will no t i mplicate any p rivacy i ssues. S pecifically, t he D JI Systems will be operated only in compliance with operating documents (i.e., Monthly Maintenance Log, Users Manual s , and 19HOP Flight Operations M anual ) which requires property owner involvement as well as local 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 Would Provide A Level Of Safety At Least Equal To That Provided By The Rule From Which 19HOP Seeks Exemption. 1. Reasons Why The DJI Phantom 2 Vision+ Meet s 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, 19HOP’s operation of the DJI Phantom 2

18Vi sion+ and DJI Inspire meet s the conditions of FMRA Section 333, and will not require an

airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H.

S ection 333 provides authority for a UAS to operate without airworthiness certification and sets forth requi rements for considering whether a UAS will create a hazard to users of the NAS or the public, or otherwise pose a threat to national security. Specifically, FMRA Section 333 states the following, in part: (a) In General.

-- Notwithstanding any other requirement of this subtitle, and not late r 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 siz e, 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 St ates Code, is required for the operation of unmanned aircraft systems identified under paragraph (1). (c) Requirements for Safe Operation.

-- If the Secretary determines under this section that certain unmanned aircraft systems may operate safely in the national airspace system, the Secretary shall establish requirements for the safe operation of such aircraft systems in the national airspace system. In seeking this exemption, 1 9 HOP su bmits th at the DJI Phantom 2 Vision+ and DJI Inspire can operate safely in the NAS pursuant to FMRA Section 333, as demonstrated by: (a) the characteristics o f

t h e DJI Systems ; ( b ) th e p ilot certification r equirement; an d (c) the specific operating limitations.

19a. T he Specifications Of T he D J I Ph a ntom 2 Vision+ And DJI Inspire Demonstrate s Their Safe Characteristics. The DJI Systems do not create a hazard to users of the NAS or the public, or otherwise pose a threat to national security considering their size, weight, speed, and operational capability. i . Technical S pecificatio ns O f The DJI U AS s . The technical s pecifications of the DJI Systems are set forth by the DJI Phantom 2 Vision+ and DJI Inspire Dat a Sheet, at tached h ereto as Exhibit A. ii. T he DJI Phantom 2 Vision+ and DJI Inspire Autonomous Flight And Navigation Modes E nable The UAS To R emain W ithin A D efined Op erational Area. The DJI Phantom 2 Vision+ and DJI Inspire may be operated in both manual and fully autonomous flight modes. A complete description of the flight and navigational modes of the DJI Systems are described in the Users Manual, at tached h ereto as Exhibit B

.

iii. T he DJI Phantom 2 Vision+ and DJI Inspire Are Desig ned For Automatic Return To Ho me Point Or Hover In The Event Of L oss Of The Control Link Or Navigation. When the Control Link is lost, the DJI Systems w ill remain s tationary in flight for 3 seconds or more. If, after 3 seconds, the DJI System doe s not reacquire control link data from the GCS, the UA will assume th at the Control Link is lost and the UA will return to the home position (i.e., failsafe mode) via GPS, and will descend to the takeoff position and shutdown. A complete description of the Failsafe Functions of the DJI UAS i s set forth at
pages 27 through 29 of the U sers Ma n ual, at tached h ereto as Exhib it B

.

20iv. The DJI Phantom 2 Vision+ And DJI Inspire GCS And Its O peratio n. A complete description of the operation and specifications of the DJI GC S and flight control software is provided at pages 32 through 43 of t h e D JI Users M anual attached hereto as Exhibit B.

b. Flig ht Op erations Of DJI Phantom 2 Vision+ and DJI Inspire A re Limited T o T he Line Of S ig ht Of A C ertificated P ilot in C ommand W ith A S afety Ob server. 1 9 HOP will o n ly u tilize c ertificated p ilots w ho p ossess a c urrent and v alid airman med ical certificate to a c t as a p ilot in c ommand ( PIC ) o f th e D JI Systems

. Ad d itionally, a s afety o bserver will assist all p ilo ts d u ring f light time.

c. Flights Of DJI Phantom 2 Vision+ and DJI Inspire W ill B e C onducted Pursuant T o Specific Operating Limitations. In seeking this exemption, 1 9 HOP p r oposes to commercially o p erate DJI Systems for the special purpose of conducting aerial video and photography over certain areas of Un ited States, pursuant to the following specific operating limitations: 1. Operations authorized by this grant of exemption will be limited to the follo wing aircraft described in the operating documents, rotorcraft UASs weighing less than 55 pounds maximum gross weight: DJI Phantom 2 Vision+. 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 will 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 special request is made and approved by ATC. All altitudes reported to ATC must be in feet AGL. 5. The UAs must be operated within visual line of sight (VLOS) of the PIC at all times. This requires the PIC to be able to use human vision unaided by any device other than corrective lenses, as specified on the PIC’s FAA

- issued airman medical certificate

.

216. The use of first person view (FPV) by the PIC or safety observer (SO) as a means of aircraft control is not permitted. 7. All operations must utilize a safety observer (SO). The SO may be used to satisfy t he VLOS requirement as long as the PIC alw ays maintains VLOS capability. The SO and PIC must be able to communicate verbally at all times. Electronic messaging or texting is not permitted during flight operations. The PIC must be designated before the flight and cannot transfer his or her designation for the duration of the flight. The PIC must ensure that the SO can perform the functions prescribed in the operating documents. 8. The SO must not perform any other duties beyond assisting the PIC with seeing a nd 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 U AS operations and made available to the Administrator upon request. If a discrepancy exists between the conditions and limitations contained in the grant of exemption and the procedures outlined in the operating documents, the conditions and limitations contained in the grant of exemption take precedence and must be followed. Otherwise, the operator must follow the procedures as outlined in its operating documents. The operator may update or revise its operating documents. It is the operator’s responsibility to track such revisions and present updated and revised documents to the Administrator upon request. The operator must also present updated and revised documents if it petitions for extension or amendment to the grant of exemption. If the operator determines that any update or revision would affect the basis upon which the FAA granted the exemption, then the operator must petition for amendment to its grant of exemption. The FAA’s UAS Integration Office (AFS- 80) may be contacted if questions arise regarding 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 c ondition 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 p erformed 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 undergo ne maintenance or alterations that affect the UAS o peration or flight characteristics, e.g. replacement of a flight critical component, must undergo a functional test flight. The PIC who conducts the functional test flight must make an entry in the aircraf t records. 12. The pre-f light 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.

2213. 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. Maintenanc e, 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 under this exemption must comply with all manufacturer Safety Bulletins. 16. The authorized person must make an entry in the aircraft record of the corrective action taken against discrepancies discovered between inspections. 17. The PIC must possess at least a private pilot certificate and at least a current third - class medical certificate. 18. The operator may not permit any PIC to operate unless the PIC meets the operator’s qualification criteria and demonstrates the ability to safely operate the UAS in a manner consistent with how the UAS will be operated under the exemption, including evasive and emergency maneuvers and maintaining appropriate distances from persons, vessels, vehicles and structures. PIC qualification flight hours must be logged in a manner consistent with 14 C.F.R. § 61.51(b). Flights for the purposes of training the oper ator’s PICs are permitted under the terms of the exemption. However, training operations may only be conducted during dedicated training sessions. During training, proficiency, and experience -building flights, all persons not essential for flight operations are considered nonparticipants, and the PIC must operate the UA with appropriate distance from nonparticipants in accordance with 14 C.F.R. § 91.119. 19. UAS operations may not be conducted during night, as defined in 14 C.F.R. § 1.1. All 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. Flights 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 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 made available to the Administrator upon request.

2321. The UA may not be operated less than 500 feet below or less than 2,000 feet hor izontally from a cloud or when visibility is less than 3 statute miles from the PIC.22. If the UA loses communications or loses its GPS signal, it must return to a prede termined location within the planned operating area and land or be recovered in accordance with t he operating documents. 23. The PIC must abort the flight in the event of unpredicted obstacles or em ergencies in accordance with the operating documents. 24. The PIC is prohibited from beginning a flight unless (considering wind and f

orecast weather c onditions) there is enough power to fly at normal cruising speed to the intended landing point and land the UA with 25% battery power remaining. 25. To operate at any altitude within controlled airspace or at any altitude in uncontrolled airspace within 5 nau tical miles of an airport , 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 m ore 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, altitude level and potential transponder requirements. 26. All aircraft operated in accordance with the exemption must be identified by s erial 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 a nd control of the UA must comply with the Federal Communications Commission (FCC) or other appropriate government oversight agency require ments. 28. The documents required fewer than 14 C.F.R. 91.9 and 91.203 must be a vailable 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 upon request. 29. The UA must remain clear and yield the right of way to all manned aviation o perations and activities at all times. 30. The UAS may not be operated by the PIC from any moving device or vehicle.

2431. Flight operations must be conducted at least 500 feet from all nonparticipating persons (persons other than the PIC, SO, operator trainees or essential persons), vessels, vehicles, and structures unless: a. Barriers or structures are present that suf ficiently protect nonparticipating persons from the UA and/or debris in the event of an accident. The operator must ensure that nonparticipating persons remain under such protection. If a situation arises where nonparticipating persons leave such protectio n and are within 500 feet of the UA, flight operations must cease immediately and/or; b. The aircraft is operated near vessels, vehicles or structures where the owner/controller of such vessels, vehicles or structures has granted permission and the PIC h as made a safety assessment of the risk of operating closer to those objects and determined that it does not present an undue hazard, and; c. Operations nearer to the PIC, SO, operator trainees or essential persons do not present an undue hazard to those persons per § 91.119(a). 32. All operations shall be conducted over private or controlled- access property with permission from the land owner/controller or authorized representative. Permission from land owner/controller or authorized representative wil l be obtained for each flight to be conducted. 33. Any incident, accident, or flight operation that transgresses the lateral or vertical boundaries of the operational area as defined by the applicable COA must be reported to the FAA's UAS Integration Off ice (AFS -80) within 24 hours. Accidents must be reported to the National Transportation Safety Board (NTSB) per instructions contained on the NTSB Web site: www.ntsb.gov

. 2. Reasons Why An Exemption From The Requirements Of Section 61.113(a) And (b) Would Not Adversely Affect Safety. 1 9 HOP 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 aircraft u nless th at PIC has d emonstrated, b y me eting min imu m f lig ht -hour and currency r equirements,

t hat t he PIC i s ab le to s afely o perate the aircraft in a manner consistent with the exemption, including evasive and emergency maneuvers and maintaining appropriate distances from people, vessels, vehicles and structures.

25Considering 19HOP ’ s p roposed area of op erations, and the ope rating l imitations s et

f orth- above; t he parallel na ture of p rivate pilot

aer onautical know ledg e requirements t o th o se o f c ommercial pilot requirements ( See Exemption No. 11062); and the airmanship skills necessary to safely operate the DJI Phantom 2 Vision+ and DJI Inspire , 1 9HOP

su b mits th at th e a d d itional manned a irmanship e xperience o f a commercially certificated
p ilo t would n ot c o r

r elate to t he airmanship s kills n ecessary f or 19 HOP ’s specific proposed flight operations. T he FAA has previously granted relief from Section 61.113(a) and (b) spe cific t o UAS, in circumstances similar in all material respects to those presented herein (e.g. Exemption Nos. 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110, 11112, 11136, 11138, 11150, 11153, 11156, 11158, 11159, 11160, 11161). 1 9 HOP will not allow any PIC to operate the aircraft unless that PI C h as d emonstrated, b y meeting min imum flight -hour requirements or the aircraft training and

cu rrency requirements, t hat t he PIC i s ab le to s afely operate th e aircraft in a manner consistent with this exemption, including evasive and e mergency m aneuvers an d

m aintaining ap propriate distances f rom p eople, v essels, vehicles an d s tructures.

S pecifically, the PIC must have accumulated and logged, in a manner consistent with 14 C.F.R. § 61.51(b), 25 hours of total time as a UAS rotorcraft pilot (with a minimum of 5 hours of those hours as a UAS pilot operating the same make and model of UAS to be used for operations under the exemption). In addition to the hour requirements, the PIC must accomplish 3 takeoffs and landings in the preceding 90 days (for currency purposes).

26As in Exemption Nos. 11062, 11138, and 11153, prior documented flight experience that was obtained in compliance with applicable regulations will ensu re an equivalent level of safety during 19HOP’s proposed operations. The Administrator has held that prior documented flight experience that was obtained in compliance with applicable regulations would ensure safe operations, stating as follows: In Exemption No. 11062, the FAA required that prior to conducting operations for the purpose of motion picture filming (or similar operations), the PIC must have accumulated and logged, in a manner consistent with 14 CFR 61.51(b), 25 hours of total time as a UAS ro torcraft 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 U AS to be used for operations under the exemption. For clarification, the FAA considers these minimum hour requirements to be inclusive rather than additive; i.e. 5 hours make and model time may be included in the 10 hours of multi-rotor time and the 10 hours may be included in the total 25 hours of UAS rotorcraft time. In addition to the hour requirements, the PIC must accomplish 3 takeoffs and landings in the preceding 90 days (for currency purposes). The FAA finds that at a minimum, the flight-hour requir ements 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 f lights the PIC is required to operate the UA with appropriate distances in accordance with 14 C.F.R 91.119. Exemption No. 11138 at page 15. Accordingly, 19HOP will ensure safe operations by not allowing any PIC to operate the DJI Phantom 2 Vision+ and DJI Inspire 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+ in a manner consistent with the exemption, including evasive and emergency maneuvers and maintaining app ropriate distances from people, vessels, vehicles and structures.

273. Reasons Why An Exemption From The Requirements Of Section 91.7(a) Would Not Adversely Affect Safety. The equivalent level of safety established by Section 91.7(a) will be maintained because prior to every flight, 1 9 HOP will ensure t hat the aircraft is in an airworthy condition based upon the UAS’s compliance with its operating documents and as stated in the conditions and limitations herein. A dditionally, the FAA has previously granted relief from Section 91.7(a) specific

t o UAS, in circumstances similar in all material res pects 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 equivalent level of safety established by Section 91.121 will be maintained because the altitude information of the aircraft will be provided to the PIC via GPS equipment and a radio communications telemetry data link, which downlinks from the U A

to th e G CS for a ctive mo nitoring o f t he f light path and a ltitude. T his a ltitude info rmati on, combined with 1 9 HOP ’s operation of the DJI Phantom 2 Vision+ and DJI Inspire with in visual line of sight, at or below 40 0 f eet AGL, w ill en sure a level o f s afety equivalen t 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 automa tically established b y t he UAS at ground level. T he 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).

285. Reasons Why An Exemption From The Requirements Of Section 91.151(b) Would Not Adversely Affect Safety. A gr ant of t his e xemption would ensure a n equivalent l evel of s afety established by 14 C.F.R. Section 91.151(b) a s a result of ( 1) t he technical s pecifications of t he D JI Phant om 2 Vision+; ( 2) t he l imitations on the pr oposed flight ope rations; a nd (3) t he location of the proposed flight operations. Accordingly, 1 9HOP will ensure th at it will safely o perate the battery p owered DJI Phantom 2 Vision+ and DJI Inspire during daylight hours in VFR conditions, with enough battery power to fly for a total duration of 13.5 minutes to the first point of intended landing and, assuming normal cruising speed, to fly after that for at least 4.5 minutes. Here, as in Exemption No. 11109, the technical specifications of the aircraft ; 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. Se ction 91.151(b). Furthermore, safety will be ensured as the aircraft provides audible and visual warnings to the PIC at t he GCS w hen t he UA experiences l ow b attery voltage, the first warning occurring at approximately 33% remaining battery power, and a gain a t approximately 1 0%

r emaining b attery p ower. A t the c ritically lo w b attery le vel, the DJI Phantom 2 Vision + and the DJI Inspire will d escend an d l an d automatically. S ignificantly, previous exemptions granted by the FAA concerning Section 91.151 establish that s afety 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 t o UAS, in circumstances similar in all material respects to

29those 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), And 91.417(a) & (b) Would Not Adver sely Affect Safety. In seeking t his e xemption, 19H OP submits tha t the e quivalent level of s afety w ith regard to the regulatory maintenance and alteration requirements e stablished by S ections 91.405(a), 91.407(a)(1) , 91.409(a)(1) & (a)(2), and 91.417(a) & (b) will be met be cause 19HOP w ill us e t rained personnel t o perform m aintenance , alterations, or p r eventive maintenance on t he UAS using the methods, techniques, and practices prescribed in the operating documents (i.e., Monthly Maintenance Log, DJI Users Manual , and 19HOP Flight Operations Manual). Furthermore, 1 9 HOP will document and m aintain a ll mainten ance r ecords for th e D JI P hantom 2 Vision+ and DJI Inspire

. Since the aircraft will b e inspected as p r escribed b y t he operating documents, 1 9 HOP will maintain th e e quivalent level of s afety e stab lished b y S ections 91.405(a), 91.409(a)(1), and 91.409(a)(2). A copy of the DJI Phantom 2 Vision+ User Manual i s attached h ereto as E xhibit B ; a copy of the aircraft Maintenance L OG is at tached h ereto as Exhibit D. L ikewise, the exemption sought will not adversely affect safety because 19HOP will use trained personnel to perform maintenance, alterations or preventive maintenance on the UAS using the methods, techniques, and pr actices 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

30aircraft will b e performed b y trained personnel. M aintenance will b e documented

and maintained utilizing the monthly maintenance log. S ignificantly, 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) establi sh that safety is not adversely affected when the technical characteristics and operating limitations of the UAS are considered. In consideration of 1 9 HOP ’ s proposed operating limitations, the operating d ocuments, an d t he tech nical as pects o f t he DJI P h an to m 2 Vision+ and DJI Inspire , 1 9 HOP submits th at 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 p r ev iously g ranted relief s pecifi c t o U AS in c ircumstances s imilarin a ll

mater ial 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. I n accordance w ith Section 333 of t he F AA M odernization and Reform A ct of 2012 (FMRA) and 14 C.F.R. § 21.16 entitled Special Conditions, 1 9HOP r equests t hat t he FAA prescribe special conditions for the intended operation of the DJI Phantom 2 Vision+ and DJI Inspire which contain such safety standards that the Administrator finds necessary to establish a level of safety equivalent to that established by 14 C.F.R. Part 21, Subpart H, and 14 C.F.R §§ 61.113(a) & (b), 91.7 (a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b). Such special conditions will permit safe operation of the UAs for the limited purpose of conducting aerial video and photography

over certain areas of he United States for compensation or hire.

31FMRA 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

c er tification in a ccordance with a ny r equirements 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 DJI Phantom 2 Vision+ and DJI Inspire 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: I f 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 p rescribe speci al conditions for 19HOP’s in tended operation of the aircraft 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 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).

32F. A Summary That Can Be Published In The Federal Register, stating: The Rules From Which 19HOP Seeks Exemption: 19HOP s eeks 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 Bri ef Description Of The Nature Of The Exemption 19HOP Seeks: This exemption will permit 19HOP 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 A dditional Information, Views, Or Arguments Available To Su pport 19HOP ’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 s may operate safely in the NAS. As such, 19HOP ’s request for exemption may be granted pursuant to that 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, 1 9 HOP will op erate the D JI P hantom 2 Vision+ and DJI Inspire afely i n t he NAS, w ithout cr eatin g a h azard to users of the NAS, or the public, or otherwise pos e a threat t o n ational s ecurity. CONCLUSION As set forth herein, 19HOP seeks an exemption pursuant to 14 C.F.R. § 11.61 and Section 333 of the FAA Modernization and Reform Act of 2012 (FMRA), which will

33Exhibits : A – DJI Phantom 2 Vision+ Specifications Data Sheet B – DJI Phantom 2 Vision+ Manufacturer’s Users Manual C – 19HOP Flight Operations Manual D – Monthly Maintenance Log

35