UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

FEDERAL AVIATION ADMINISTRATION

WASHINGTON, DC

Regulatory Docket No. FAA

- 2007

- 0001

IN THE MATTER OF THE PETITION FOR EXEMPTION OF: 

# 360 Sky Visio n LLC.

FOR AN EXEMPTION SEEKING RELIEF FROM THE REQUIREMENTS OF

TITLE 14 OF THE CODE OF FEDERAL REGULATIONS

SECTIONS 61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), AND 91.417(a) & (b) CONCERNING COMMERCIAL

OPERATION OF DJI PHANTOM 2 VISION+ UNMANNED AIRCRAF T

SYSTEMS

PURSUANT TO SECTION 333 OF

THE FAA MODERNIZATION AND REFORM ACT OF 2012

(PUBLIC LAW 112

- 95)

Submitted on May 19

, 2015

360 Sky Vision James R Fitzpatrick

30 Oakwood Rd. Hopatcong, NJ 07843

856

- 912

- 0989 jf@360skyvision.com2 TABLE OF CONTE NTS

Page

GLOSSARY OF ABBREVIATIONS

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

SUMMARY

................................ ................................ ................................ .......................... 4

INTRODUCTION AND INTERESTS OF PETITIONER.

................................ ................... 4

BACKGROUND

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

BASIS FOR PETITION

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

NAME AND ADDRESS OF PETITIONER.

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

TH E SPECIFIC SECTIONS OF 14 C.F.R. FROM WHICH 360 SKY VISION

SEEKS EXEMPTION

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

THE EXTENT OF RELIEF 360 SKY VISION SEEKS AND THE REASON

360 SKY VISION SEEKS THE RELIEF...............

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

THE REASONS WHY GRANTING 360 SKY VISION ’S REQUEST WOULD

BE IN THE PUBLIC INT EREST

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

THE REASONS WHY GRANTING THE EXEMPTION WOULD NOT

ADVERSELY AFFECT SAFETY

................................ ................................ ......... 19

SUMMARY THAT CAN BE PUBLISHED IN THE FEDERAL REGISTER.

.... 3 5

CONCLUSION

................................ ................................ ................................ ................... 35

E XHIBITS

........................................................................................ 3 63 GLOSSARY OF ABBREVIATIONS

AGL Above Ground Level

AOI Area of Interest

ATC Air Traffic Control

ATO Air Traffic Organization

AV Aerial Vehicle

CFR Code of Federal Regulations

COA Certificate of Authorization

FAA Federal Aviation Administration

FAR Federal Aviation Regulation

GCS Ground Control Station

GPS Global Positioning System

LOL Loss of Link

NAS National Airspace System

NOTAM Notice to Airman

PIC Pilot In Command

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

VT OL Vertical Takeoff and Landing4 SUMMARY

360 Sky Vision LLC 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 Ai rcraft System pursuant to Section 333 of

the FAA Modernization and Reform Act of 2012 (FMRA). This exemption will permit 360

Sky Vision LLC to operate an Unmanned Aircraft System (UAS) for the commercial

purpose of conducting aerial video and photography o f construction sites, real estate, Non

Profit and other community s pecial events, and the lake community in and around Lake

Hopatcong, New Jersey.

INTRODUCTION AND INTERESTS OF THE PETITIONER

360 Sky Vision LLC. (hereinafter referred to as “ 360 Sky Visio n ) 360 Sky Vision

provides its commercial clients with affordable highest quality digital content for use in

their commercial, personal, and other photography related projects. 360 Sky Vision also

provides the community and Non

- Profit organization our serv ices for no charge as a

way of giving back to the community

. 360 Sky Vision is a seasoned leader in unmanned

aerial videography with over 1 0 year s recreational/hobby experience in all aspects of RC

Aircraft, Quadcopters and other small UAV’s. The objective of 360 Sky Vision ’s aerial

video and photography operations is to provide high quality imaging for a variety of

commercial, public, and residential uses, specifically targeting:

 Aerial Real Estate photography

 Aerial Real Estate Video

 Free Services to No n

- Profit and Community Organizations5 B ACKGROUND

U nmanned Aircraft Systems: DJI Phantom 2 Vision UAS

360 Sky Vision seeks an exemption to operate DJI systems for compensation or

hire within the NAS. The DJI Phantom 2 Vision+ is a vertical takeoff and l anding

(VTOL) Unmanned Aircraft (UA) with a Ground Control Station (GCS) utilizing

electronic tablet or smart phone systems. The DJI Phantom 2 Vision+ has a maximum

gross weight of approximately 2 pounds 11 ounces, while having a length of 16 inches

width of 16 inches, height of 8 inches, and a maximum speed of approximately 29 knots.

The DJI Phantom 2 Vision+ UA is equipped with four main rotors; driven by Lithium

Polymer battery powered electric motors.

The DJI Phantom 2 Vision+ UA that will be operated b y 360 Sky Vision 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 PETI TION

Petitioner, 360 Sky Vision , pursuant to the provisions of the Federal Aviation

Regulations (14 C.F.R. § 11.61) and the FAA Modernization and Reform Act of 2012

(FMRA), Section 333, Special Rules for Certain Unmanned Aircraft Systems

, hereby

petitions the Administrator to commercially operate the DJI Phantom 2 Vision + UAS in

the National Airspace System (NAS), and for an exemption from the requirements of 14

C.F.R §§ 61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1),

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

In consideration of the speed, weight, size, and limited operating area associated

with the unmanned aircraft and its operation, 360 Sky Vision operation of DJI6

Phantom 2 Vision+ UAS 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.

Accordingly, 360 Sky Vision 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.

360 Sky Vision submits that the requested relief is proper since an equivalent level

of safety will always be ensured (see Exhibit D)

. 360 Sky Vision will use licensed

techni cians or the manufacturers service centers 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 Log, and DJI Phantom

2 Visio n+ Instruction Manual). Furthermore, 360 Sky Vision will document and maintain

all maintenance records for the DJI Phantom 2 Vision+ UAS.

Relief from certain requirements of Section 61.113(a) and (b), entitled Private pilot

privileges and limitations: Pilo t in command , is requested by 360 Sky Vision to the extent

necessary to allow a Pilot in Command (PIC) holding a private pilot or higher level

certificate, as well as an airman medical certificate, and who has demonstrated, by meeting

minimum flight

- hour and currency requirements, that the PIC is able to safely operate the

DJI Phantom 2 Vision+ UAS in a manner consistent with this exemption, including

evasive and emergency maneuvers and maintaining appropriate distances from people,

vessels, vehicles and s tructures.

360 Sky Vision seeks relief from Section 91.7(a), entitled Civil aircraft

airworthiness , because the DJI Phantom 2 Vision+ UAS do not require an airworthiness

certificate in accordance with 14 C.F.R. Part 21, Subpart H. As such, 360 Sky Vision7

submits that it will ensure that the DJI Phantom 2 Vision+ UAS are in an airworthy

condition, prior to every flight, by determining that the UASs are in compliance with the

operating documents (i.e., Monthly Ma intenance Log, and DJI Phantom 2 Vision+

Instr uction Manual), and that the aircraft are in a condition for safe flight.

360 Sky Vision also seeks an exemption from the requirements of Section 91.121,

entitled Altimeter Settings , as the DJI Phantom 2 Vision+ UA will not have a typical

barometric altime ter onboard. However, altitude information of the DJI Phantom 2

Vision+ UA will be provided to the PIC via Global Positioning System (GPS) equipment

and radio communications telemetry data link, which downlinks from the UA to the GCS

for active monitoring of the flight path. This altitude information, combined with 360 Sky

Vision ’s operation of the DJI Phantom 2 Vision+ UAS within visual line of sight, at or

below 400 feet AGL, will ensure a level of safety equivalent to Section 91.121 and our

additional safety requirements as outlined in Exhibit D.

.

Additionally, 360 Sk y Vision seeks an exemption from the requirements of Section

91.151(b), entitled Fuel requirements for flight in VFR conditions

. 360 Sky Vision

submits that safety will not be affected by operation of the DJI Phantom 2 Vision+ UA

during daylight hours in v isual 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 point of intended landing and, assuming normal cruising speed, to fly

after that for at least 4.5 minutes.

In accordance with 14 C.F.R. § 11.81, 360 Sky Vision provides the following

information in support of its petition for exemption:8

A. Name and Address of The Petitioner.

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

360 S ky Vision James R. Fitzpatrick

30 Oakwood Rd Hopatcong, NJ 07843

Email: jf@360skyvision.com

B. The Specific Sections Of 14 C.F.R. From Which 360 Sky Vision Seeks Exemption.

1. 360 Sky Vision Seeks Exemption From The Requirements Of Section 61.113(a) And (b).

Section 61.113, entitled Private pilot privileges and limitations: Pilot in command

, subsections (a) and (b) prescribe the following, in relevant part:

(a) No person who holds a private pilot certificate may act as a pilot in command (PIC) of an aircraft that is carrying passengers or property for compensation or hire; nor may that person, for compensation or hire, act as PIC of an aircraft.

(b) A 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 aircraft does not carry passengers or property for compensation or hire.

2. 360 Sky Vision Seeks Exemption From The Requirements Of Section 91.7(a).

Section 91.7, entitled Civil ai rcraft airworthiness , subsection (a), states the

following:

(a) No person may operate a civil aircraft unless it is in an airworthy condition.

3. 360 Sky Vision Exemption From The Requirements Of Section

91.121.

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

part:9 (a) Each person operating an aircraft shall maintain the cruising altitude or flight level of that aircraft, as the case may be, by reference to an altimeter that is set, when operating

--

(1) Below 18,000 feet MSL, to

--

(i) The current reported altimeter setting of a station along the route and

within 100 nautical miles of the aircraft;

(ii) there is no station within the area prescribed in paragraph (a)(1)(i) of this section, the current reported altimeter setting of an ap propriate available station; or

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

4. 360 Sky Vision Exemption From The Requirements Of Section 91.151(b).

Section 91.151, entitled Fuel requirements for flight in VFR conditions

, subsection

(b), states the following:

(b) No person may begin a flight in a rotorcraft under VFR conditions unless (considering wind and forecast weather 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. 360 Sky Vision Exemption From The Requirement Of Section 91.405(a).

Section 91.405, entitled Maintenance required , subsect ion (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 discrepan cies repaired as prescribed in part 43 of this chapter[.]

6. 360 Sky Vision 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 f ollowing:10 (a) No person may operate any aircraft that has undergone maintenance, preventive maintenance, rebuilding, or alteration unless

--

(1) It has been approved for return to service by a person authorized under §

43.7 of this chapter[.]

7. 360 Sky Vision Seek s Exemption From The Requirements Of Sections 91.409(a)(1) And 91.409(a)(2).

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

(a) Except as provided in paragraph (c) of this section, no person may operate an aircraft unless, 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 airwort hiness certificate in accordance with part 21 of this chapter.

8. 360 Sky Vision Exemption From The Requirements Of Sections 91.417(a) And 91.417(b).

Section 91.417, entitled Maintenance records , subsections (a) and (b), state the

following:

(a) Except for work performed in accordance with §§ 91.411 and 91.413, each registered owner or operator shall keep the following records for the periods specified in paragraph (b) of this section:

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

recor ds 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 r eference to data acceptable to the Administrator) of the work performed; and

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

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

aircraft for return to service.11 (2) Records containing the follo wing information:

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

each rotor.

(ii) The current status of life

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

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

(iv) The current inspection status of the aircraft, including the time since the last inspection required by the 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 revision date. If the AD or safety directive involves recurring actio n, 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 until the work is repeated or superseded by other work or for 1 year after the work is performed.

(2) The records specified i n 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 re paired and the aircraft is approved for return to service.

C. The Extent Of Relief 360 Sky Vision Seeks And The Reason 360 Sky Vision Seeks

The Relief.

1. Extent Of Relief 360 Sky Vision Seeks And The Reason 360 Sky

Vision Seeks Relief From Section 61.113(a) A nd (b).12 Relief from Section 61.113(a) and (b) entitled Private pilot privileges and

limitations: Pilot in command , is requested to the extent necessary to allow a PIC holding a

private pilot or higher level certificate, as well as a current and valid airm an medical

certificate, and who has met certain flight

- hour and currency requirements, to conduct the

proposed UAS flight operations for compensation or hire.

This relief is requested since the limitations set forth in Section 61.113(a) and (b)

state that a private pilot may, for compensation or hire, act as PIC of an aircraft in

connection with any business or employment if: (1) The flight is only incidental to that

business or employment; and (2) The aircraft does not carry passengers or property for

comp ensation or hire.

As set forth more fully below, 360 Sky Vision submits that an equivalent level of

safety will be maintained because no PIC will be allowed to operate the DJI Phantom 2

Vision+ other than the person listed as James R. Fitzpatrick, who has 10+ years’

experience in RC/VAV operation. I n addition all flights must full u nder the safety

guidelines of Exhibit D, which will be updated as new FAA guidelines take place.

Further, 360 Sky Vision submits that all flights of the DJI Phantom 2 Vision+

UAS, conducted by the PIC pursuant to the grant of this Petition: (1) will be incidental to

360 Sky Vis ion business; and (2) will not carry passengers , package s or property for

compensation or hire.

2. Extent Of Relief 360 Sky Vision Seeks And The 360 Sky Vision Seeks Relief From Section 91.7(a).13 Relief from Section 91.7(a) entitled Civil aircraft airworthiness , is req uested to the

extent required to allow 360 Sky Vision to determine that the DJI Phantom 2 Vision+ UAS

are in airworthy condition prior to every flight by ensuring that the UAS is in compliance

with the operating documents (i.e., the 360 Sky Vision Aerial O perations Manual, Monthly

Maintenance Log, and DJI Phantom 2 Vision+ Instruction Manual).

360 Sky Vision seeks the requested relief because the DJI Phantom 2 Vision+ UAS

do not require an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subp art H.

Therefore, 360 Sky Vision will ensure that the DJI Phantom 2 Vision+ UAS are in

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

Monthly Maintenance Log, and DJI Phantom 2 Vision+ Instruction Manual) prior to every

f light, and further, determine that the aircraft are in condition for safe flight, as stated in the

conditions and limitations below.

3. Extent Of Relief 360 Sky Vision Seeks And The Reason 360 Sky

Vision Seeks Relief From Section 91.121.

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

flight operations of the DJI Phantom 2 Vision+ UAS, which utilize a barometric pressure

sensor, GPS equipment, and a radio communications telemetry data link to downlink

altitude information fro m 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), 360 Sky Vision seeks the

requested relief bec ause the DJI Phantom 2 Vision+ UA’s altimeter may be set on the

ground to zero feet AGL, rather than the local barometric pressure or field altitude, before

each flight.14 Considering the limited altitude of the proposed operations, relief from 14 CFR

91.1 21 is sought to the extent necessary to comply with the applicable conditions and

limitations stated below. As more fully set forth herein, an equivalent level of safety will

be maintained since the DJI Phantom 2 Vision+ UAs are equipped with a barometric

pressure sensor and GPS equipment, which automatically ensures that a ground level

pressure setting will be established prior to each flight, and provides the PIC with altitude

information of the UA on the heads

- up display of the GCS.

4. Extent Of Relief 360 Sky Vision Seeks And The 360 Sky Vision Relief From Section 91.151(b).

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

conditions, is requested to the extent required to allow flights of the battery powered DJI

Phantom 2 Vision+ UAs 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

minut es. 360 Sky Vision seeks the requested relief because without an exemption from

Section 91.151(b), the flight time duration of the battery powered DJI Phantom 2 Vision+

UA will severely constrain the practicality of any aerial video or still photo flight

o perations that 360 Sky Vision proposes to conduct pursuant to this Petition.

Significantly, as set forth below, the technical specifications of the DJI Phantom 2

Vision+ UAS, the DJI Phantom 2 Vision+ operating documents, and 360 Sky Vision ’s

proposed oper ating limitations, ensure that 360 Sky Vision will safely operate the battery

powered DJI Phantom 2 Vision+ UAs during daylight hours in visual meteorological

conditions (VMC), under visual flight rules (VFR), with enough battery15

power to fly for a total duration of 13.5 minutes to the first point of intended landing and,

assuming normal cruising speed, to fly after that for at least 4.5 minutes.

5. Extent Of Relief 360 Sky Vision Seeks And The Reason 360 Sky

Vision Seeks Relief From Sections 91.405(a), 91.40 7(a)(1), 91.409(a)(1) & (a)(2), And 91.417(a) & (b).

Since Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) &

(b) only apply to aircraft with an airworthiness certificate, 360 Sky Vision requests relief

from these Sections because th e DJI Phantom 2 Vision+ UAS does not require

airworthiness certificates. As set forth more fully below, the DJI Phantom 2 Vision+

UAS meets the conditions of FMRA Section 333 for operation without an airworthiness

certificate. Accordingly, 360 Sky Vision w ill 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 Aerial

Operations Manual, Monthly Maintenance Log, and DJI Phantom 2 Vision+ Instruction

Manual). Furthermore, 360 Sky Vision will document and maintain all maintenance

records for the DJI Phantom 2 Vision+ UAS.

D. The Reasons Why Granting 360 Sky Vision Request Would Be In The Public Interest; That Is, How It Wo uld Benefit The Public As A Whole.

Granting the present Petition will further the public interest by allowing 360 Sky

Vision to safely, efficiently, and economically perform aerial video and photogra phy

for Non

- Profit and Community Organizations , as well as, pursue revenue for a

Small Business in the USA as we provide commercial services for Homes and Land for

sale, Places of Lodging, Golf Courses, and other commercial properties seeking the

described services for marketing purposes over certain areas of t he Lake Hopatcong NJ

and surrounding area.

Additionally, use of the DJI Phantom 2 Vision+ UAS will decrease congestion16

of the NAS and reduce pollution , since past aerial photography required large manned

aircraft for extended periods of time. Notably, the benefits of 360 Sky Vision ’s proposed

operation of the DJI Phantom 2 Vision+ UAS will be realized without implicating any

privacy issues.

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

The DJI Phantom 2 Vision+ UA are battery powered and s erve as a safe,

efficient, and economical alternative to the manned aircraft traditionally utilized to obtain

aerial imagery. By reducing the amount of manned aircraft needed to perform aerial

acquisitions, an exemption allowing the use of a DJI Phantom 2 Vision+ UAS would

reduce the amount of manned aircraft in the NAS, reduce noise and air pollution, as well

as increase the safety of life and property in the air and on the ground (as outlined in

Exhibit D)

.

Furthermore, by reducing the number of manned aircraft operating in the NAS

,

congestion around airports caused by arriving and departing aircraft will be reduced.

The DJI Phantom 2 Vision+ UA do not require an airport to takeoff or land. Likewise, a

reduction of manned aircraft conducting aerial video and photography missions wou ld

result in fewer aircraft that must be handled by air traffic control during the ground,

takeoff, departure, arrival, and landing phases of flight operations.

2. The Public Will Benefit From The Safety And Efficiency Of The

DJI Phantom 2 Vision+ UAS.

Condu cting aerial acquisitions with the DJI Phantom 2 Vision+ UAS, instead of

manned aircraft, will greatly benefit the public by drastically reducing the levels of air

and noise pollution generated during traditional aerial video and still photography flight

o perations. By using battery power and electric motors, the DJI Phantom 2 Vision+

UAS produce no air pollution, and is the most viable environmentally conscious17

alternative to the cabin class, six cylinder internal combustion engine aircraft that are

typica lly utilized for aerial video and photography, while burning approximately 20

- 30

gallons per hour of leaded aviation fuel. The DJI Phantom 2 Vision+ UA, while

reducing the carbon footprint of aerial acquisitions, also eliminates noise pollution, as

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

combustion engine.

By using the DJI Phantom 2 Vision+ UAS to perform aerial acquisitions, the

substantial risk to life and property in the air and on the ground, which is usually

as sociated with traditional manned aircraft flight operations, will be substantially

reduced or completely eliminated. Aside from the lack of flight crew members located

onboard the aircraft, the DJI Phantom 2 Vision+ UA (weighing approximately 2 pounds

11 o unces and 6 pounds 7.5 ounces respectively, at their maximum gross weights with

lengths of 16 inches and 17.3 inches respectively, widths of 16 inches and 17.7 inches

respectively, and with no fuel on board), has less physical potential for collateral dama ge

to life and property on the ground, and in the air, compared to the manned aircraft that

typically conduct similar operations (weighing approximately 6,000 pounds with a

wingspan of approximately 42 feet, a length of 34 feet, and a fuel capacity of 180

gallons).

3. Performing Aerial Video and Photography Operations with The DJI

Phantom 2 Vision+ UAS Will Benefit Non

- Profit and Community Organizations

. As stated earlier in this petition, 360 Sky Vision provides free services to Non

Profit and Community Organ ization that normally could not afford to have their event or

site professionally photographed. There the Lake Hopatcong community and

surrounding area benefits.

4. Performing Aerial Video and Photography Operations w ith The18 DJI Phantom 2 Vision+ UAS Will Benefit The Economy.

In addition to being safe and efficient, the DJI Phantom 2 Vision+ is also an

economical alternative to using manned aircraft to conduct similar aerial operations. As

such, operation of the DJI Phantom 2 Vision+ UAS will allow United States based

companies, like 360 Sky Vision , to remain competitive and contribute to growth of the

U.S. economy. Specifically, with the rising cost of aviation fuel and the Environmental

Protection Agency (“EPA”) regulatory actions phasing out leaded aviat ion fuels, U.S.

owned and operated companies must adopt new and alternative technology in order to

remain competitive. Operating the battery powered DJI Phantom 2 Vision+ UAS is one

such technology that not only allows companies greater operational flexibi lity compared

to manned aircraft, but provides such flexibility without the high operational cost of a

traditional manned aircraft.

By operating the DJI Phantom 2 Vision+ UAS, companies such as 360 Sky

Vision , can remain competitive and profitable, and the refore, 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 Phantom 2 Vision+ UAS, provides a stable workforce that increases

consumer spending; improves local, state, and federal tax revenues; and allows

companies to invest in research and development in order to remain competitive both in

the United States and abroad.

5. There Are No Privacy Issues.

Simi lar to the manned aerial acquisition flight operations that have been conducted for

decades, 360 Sky Vision proposed operation of the DJI Phantom 2 Vision+ UAS will not

implicate any privacy issues. Specifically, the DJI Phantom 2 Vision+ UAS will be

opera ted only in compliance with operating documents (i.e., the 360 Sky Vision Aerial19

Operations Manual, Monthly Maintenance Log, and DJI Phantom 2 Vision+ Instruction

Manual) which requires property owner involvement as well as local law enforcement

notificati on, 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 360 Sky Vision Seeks Exemption.

1. Reasons Why The DJI Phantom 2 Vision+ UA 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, 360 Sky Vision operation of the DJI

Phantom 2 Vision+ UAS meet the conditions of FMRA Section 333, and will not

require an airworthiness certificate in accordance wi th 14 C.F.R. Part 21, Subpart H.

Section 333 provides authority for a UAS to operate without airworthiness

certification and sets forth requirements for considering whether a UAS will create a

hazard to users of the NAS or the public, or otherwise pose a t hreat 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 Transportat ion 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 a irports 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; and20 (2) whether a certificate of waiver, certificate of authorization, or airworthiness certification under section 44704 of title 49, United States Code, is required for the operation of unmanned aircraft systems identified under paragraph (1).

(c) Requirements for Safe Operation.

-- If the Secretary determines under this

section that certain unmanned aircraft systems may operate safely in the national airspace system, the Secretary shall establish requirements for the safe operation of such aircraft systems in the national airspace system.

In seeking this exemption, 360 Sky Visi on submits that the DJI Phantom 2

Vision+ UAS can operate safely in the NAS pursuant to FMRA Section 333, as

demonstrated by: (a) the characteristics of the DJI Phantom 2 Vision+ UAS; (b) the pilot

certification requirement; and (c) the specific operating limitations.

a. The Specifications Of The DJI Phantom 2 Vision+ UAS Demonstrate

Its Safe Characteristics.

The DJI Phantom 2 Vision+ UAS does not create a hazard to users of the NAS or

the public, or otherwise pose a threat to national security considering it s size, weight,

speed, and operational capability.

i. Technical Specifications Of The DJI Phantom 2 Vision+ UAS.

The technical specifications of the DJI Phantom 2 Vision+ UAS is set forth by the

DJI Phantom 2 Vision+ Specifications and Data Sheet, attached h ereto as Exhibit A.

ii. The DJI Phantom 2 Vision+ UAS Autonomous Flight And Navigation Modes Enable The UAS To Remain Within A Defined Operational Area.

The DJI Phantom 2 Vision+ UAS may be operated in both manual and fully

autonomous flight modes. A complete description of the flight and navigational modes of

the DJI Phantom 2 Vision+ UAS is provided at pages 25

- 3 2 of the DJI Phantom 2

Vision+ User Manual, attached hereto as Exhibit B.

iii. The DJI Phantom 2 Vision+ UAS Are Designed For

Automatic Return To Home Po int Or Hover In The Event Of

Loss Of The Control Link Or Navigation.

When the Control Link is lost, the DJI Phantom 2 Vision+ UA will remain21

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

Vision+ UA does not reacquire control link data from the GCS, the UA will assume that

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 Func tions of the DJI Phantom 2 Vision+

UAS are set forth at pages 27 through 28 of the DJI Phantom 2 Vision+ User Manual,

attached hereto as Exhibit B.

iv. The DJI Phantom 2 Vision+ GCS And Its Operation.

A complete description of the operation and specifications of the DJI Phantom 2

Vision+ GCS and flight control software is provided at pages 32 through 43 of the DJI

Phantom 2 Vision+ User Manual. DJI Phantom 2 Vision+ User Manual is attached hereto

as Exhibit B.

b. Flight Operations Of DJI Phantom 2 Vision+ UAS Are Limited To

The Line Of Sight Of A Certificated Pilot in Command With A Safety Observer.

360 Sky Vision will only utilize certificated pilots who possess a current and valid

airman medical certificate to act as a pilot in command (PIC) of the DJI Phantom 2

Vision+ UAS. Additionally, a safety observer will assist all pilots during flight time. And

the guidelines exhibited in D , will be followed at all

- time s ensuring the safety of all

involved.

c. Flights Of DJI Phantom 2 Vision+ UAS Will Be Conducted Pursuant

To Specific Operating Limitations.

In seeking this exemption, proposes to commercially operate DJI Ph antom 2

Vision+ UAS for the special purpose of conducting aerial video and photography over

certain areas of Lake Hopatcong and surrounding areas, pursuant to the following22

specific operating limitations:

1. Operations authorized by this grant of exemption will be limited to the

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

2. UAS operations under this exemption will be limited to conducting operations for the purpose of aerial video and photography.

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

4. The UA must be operated at an altitude of no more than 500 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 withi n 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.

6. The use of first person view ( FPV) by the PIC or safety observer (SO) is

not permitted.

7. All operations must utilize a safety observer (SO). The SO may be used to satisfy the VLOS requirement as long as the PIC always maintains VLOS capability. The SO and PIC must be able to communicat e verbally at all times.

Electronic messaging or texting is not permitted during flight operations. The

PIC must be designated before the flight and cannot transfer his or her designation for the duration of the flight. The PIC must ensure that the SO can perform the functions prescribed in the operating documents.

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

9. The operating documents and the grant of exemption must be accessible during UAS operations and made available to the Administrator upon request.

If a discrepancy exists between the conditions and limitations contained in the

gra nt 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 revis ed 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 upon23 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 fli ght. 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 Contro l 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 affect the UAS operation 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 aircraft records.

12. The pre

- flight inspection must account for all potential discrepancies,

e.g. inoperable components, items, or equipment, not already covered in

the relevant sections of the operating documents.

13. The operator must follow the UAS manufacturer’s aircraft/component, maintenance, overhaul, replacement, inspection, and life limit require ments.

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 air craft 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 aut horized 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 evas ive 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 opera tor’s PICs are24 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. §

19.1. All operations must be condu cted 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 re quired by the operator’s COA. The letter of agreement with the airport management must be made available to the Administrator upon request.

21. The UA may not be operated less than 500 feet below or less than 2,000 feet horizontally from a cloud or when visib ility 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 pre

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

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

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

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 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 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 wi th the Federal25 Communications Commission (FCC) or other appropriate government oversight agency requirements.

28. The documents required fewer than 14 C.F.R. 91.9 and 91.203 must be available to the PIC at the Ground Control Station of the UAS any time

the UA S is operating. These documents must be made available to the dministrator or any law enforcement official upon request.

29. 3 60 Sky Vision abides and enforces the safety checklist to as exhibited in

section D to en sure that we provide safety for everyone in and near to the

site.

.

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

31. The UAS may not b e operated by the PIC from any moving device or

vehicle.

32. Flight operati ons must be conducted at least 4 00 feet from all nonparticipating persons (persons other than the PIC, SO, operator trainees

or essential persons), vessels, vehicles, and structures un less:

a. Barriers or structures are present that sufficiently protect nonparticipating persons from the UA and/or debris in the event of an

accident. The operator must ensure that nonparticipating persons

remain under such protection. If a situation arises w here 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 s tructures has granted permission and the PIC has made a safety assessment of the risk of operating closer to those objects and determined that it does not

present an undue hazard, and;

c. Operations nearer to the PIC, SO, operator trainees or essential

perso ns do not present an undue hazard to those persons per § 91.119(a).

33. 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/contro ller or authorized representative will be obtained for each flight to be conducted.

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

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

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

360 Sky Vision 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 ope rate the DJI

Phantom 2 Vision+ UAS unless that PIC has demonstrated, by meeting minimum flight

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

Vision+ UAS in a manner consistent with the exemption, including evasiv e and

emergency maneuvers and maintaining appropriate distances from people, vessels,

vehicles and structures.

Considering 360 Sky Vision proposed area of operations, and the operating

limitations set forth

- above; the parallel nature of private pilot aeron autical knowledge

requirements to those of commercial pilot requirements (See Exemption No. 11062); and

the airmanship skills necessary to safely operate the DJI Phantom 2 Vision+ UAS, 360

Sky Vision submits that the additional manned airmanship experience of a commercially

certificated pilot would not correlate to the airmanship skills necessary for 360 Sky

Vision specific proposed flight operations.

The FAA has previously granted relief from Section 61.113(a) and (b) specific to

UAS, in circumstances simi lar, 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).

360 Sky Vision will not allow any PIC to o perate the DJI Phantom 2 Vision+

UAS unless that PIC has demonstrated, by meeting minimum flight

- hour requirements

or the DJI Phantom 2 Vision+ UAS training and currency requirements, that the PIC is

able to safely operate the DJI Phantom 2 Vision+ UAS in a manner consistent with this27

exemption, including evasive and emergency maneuvers and maintaining appropriate

distances from people, vessels, vehicles and structures.

Specifically, the PIC must have accumulated and logged, in a manner consistent

with 14 C .F.R. § 61.51(b), 25 hours of total time as a UAS rotorcraft pilot (with a

minimum of 5 hours of those hours as a UAS pilot operating the same make and model

of

UAS to be used for operations under the exemption). In addition to the hour

requirements, the PIC must accomplish 3 takeoffs and landings in the preceding 90 days

(for currency purposes).

As in Exemption Nos. 11062, 11138, and 11153, prior documented flight

experience that was obtained in compliance with applicable regulations will ensure an

equiva lent level of safety during 360 Sky Vision 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 rotorcra ft pilot including at least 10 hours logged as

a UAS pilot with a multi

- rotor UAS. Prior to operations under Exemption No.
11062, the PIC must also have accumulated and logged a minimum of 5 hours as

a UAS pilot operating the same make and model of UAS to be used for operations under the exemption. For clarification, the FAA considers these

minimum hour requirements to be inclusive rather than additive; i.e. 5 hours make and model time may be included in the 10 hours of multi

- rotor time and 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 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 applic able regulations would satisfy this requirement. Training, proficiency, and experience

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

- building flights the PIC is required to operate the UA with appropriate28 distances in accordance with 14 C.F.R 91.119.

Exemption No. 11138 at page 15.

Accordingly, 360 Sky Vision will ensure safe operations by not allowing any PIC

to operate the DJI Phantom 2 Vision+ UAS unless that PIC has demonstrated, by

meeting minimum flight

- hour and currency requirements, that the PIC is able to safely

operate the DJI Phantom 2 Vision+ UAS in a manner consistent with the exemption,

including evasive and emergency maneuvers and main taining appropriate distances from

people, vessels, vehicles and structures.

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

360 Sky Vision requires a tight set of r ul es that follow best practices and FAA

requirements and guidelines (Ex hibit D).

The equivalent level of safety established by Section 91.7(a) will be maintai ned

because prior to every flight, plus 360 Sky Vision also requires the safety checklist in

Exhibit D that ensures that the DJI Phantom 2 Vision+ UAS is in an airworthy condition

based upon the UAS’s compliance with its operating documents and as stated in the

conditions and limitations herein.

Additionally, the FAA has previously granted relief from Section 91.7(a) specific

to UAS, in circumstances similar, in all material respects, to those presented herein (e.g.

Exemption Nos. 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110,

11112,

11136, 111 38, 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.

As outlined in Exhibit D, 360 Sky Vision fly’s only under a very set rules. We

believe these rules include and go beyond current FAA guidelines. Therefore, t he29

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

a ltitude information of the DJI Phantom 2 Vision+ UA will be provided to the PIC via

GPS equipment and a radio communications telemetry data link, which downlinks from

the UA to the GCS for active monitoring of the flight path and altitude. This altitude

in formation, combined with 360 Sky Vision ’s operation of the DJI Phantom 2 Vision+

UA within visual line of sight, at or below 500 feet AGL, will ensure a level of safety

equivalent to Section 91.121. The altitude information will be generated by GPS

equipme nt installed onboard the aircraft. Prior to each flight, a zero altitude initiation

point is automatically established by the UASs at ground level.

The FAA has previously granted relief from Section 91.121 specific to UAS, in

circumstances similar, in all material respects, to those presented herein (e.g. Exemption

Nos. 11062, 11063, 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 Sec tion 91.151(b) Would Not Adversely Affect Safety.

A grant of this exemption would ensure an equivalent level of safety established

by 14 C.F.R. Section 91.151(b) as a result of (1) the technical specifications of the DJI

Phantom 2 Vision+ UAs; (2) the lim itations on the proposed flight operations; and (3)

the location of the proposed flight operations. Accordingly, 360 Sky Vision will ensure

that it will safely operate the battery powered DJI Phantom 2 Vision+ UA during

daylight hours in VFR conditions, wi th enough battery power to fly for a total duration

of 13.5 minutes to the first point of intended landing and, assuming normal cruising

speed, to fly after that for at least 4.5 minutes.

Here, as in Exemption No. 11109, the technical specifications of the DJI Phantom

2 Vision+ UAS; the limitations on the proposed flight operations; and the location of the30

proposed operations, will ensure an equivalent level of safety established by 14 C.F.R.

Section 91.151(b). Furthermore, safety will be ensured as the DJI Phantom 2 Vision+

UAS provide audible and visual warnings to the PIC 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 battery power. At

the critically low battery level, the DJI Phantom Vision+ UAS will descend and land

automatically.

Significantly, previous exemptions granted by the FAA concerning Section

91.151 establish that safety is not adversely affected when the technical charac teristics

and operating limitations of the UAS are considered. Relief has been granted for manned

aircraft to operate at less than the minimums prescribed in Section 91.151, including

Exemption Nos. 2689, 5745, and 10650. Moreover, the FAA has previously granted relief

from Section 91.151 specific to UAS, in circumstances similar, in all material respects,

to those presented herein (e.g. Exemption Nos. 8811, 10808, 10673, 11042, 11062,

11063,

11064, 11065, 11066, 11067, 11080, 11109, 11110, 11136, 11138, 1 1150, 11153, 11156,

11157, 11158, 11159, 11160, 11161).

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

In seeking this exemption, 360 Sky Vision 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 because 360 Sky Vision will use trained technicians to perform maintenance,

alterations, or preventive maintenance on the UAS using the methods, techniques, and

practices prescribed in the operating documents (i.e., the 360 Sky Vision Aerial31

Operations Manual, Monthly Maintenance Log, a nd DJI Phantom 2 Vision+ Instruction

Manual).

Furthermore, 360 Sky Vision will document and maintain all maintenance records for the

DJI Phantom 2 Vision+ UAS.

Since the DJI Phantom 2 Vision+ UAS will be inspected as prescribed by the

operating documents, 360 Sky Vision 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 DJI

Phantom 2 Vision+ User Manuals are attached hereto as Exhibit B; a copy of the DJI

Phantom 2 Vision+ UAS Mainte nance LOG is attached hereto as Exhibit C.

Likewise, the exemption sought will not adversely affect safety because 360 Sky

Vision will use trained technicians to perform maintenance, alterations or preventive

Maintenance on the UAS using the methods, tech niques, and practices prescribed by the

operating documents.

Furthermore, the exemption sought would maintain an equivalent level of safety

established by Sections 91.407, 91.417(a) and 91.417(b), because all maintenance of the

DJI Phantom 2 Vision+ UAS wi ll be performed by trained technicians. Maintenance

will be documented and maintained utilizing the monthly maintenance log.

Significantly, previous exemptions granted by the FAA concerning Sections

91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.41 7(a) & (b) establish that safety

is not adversely affected when the technical characteristics and operating limitations of

the UAS are considered.

In consideration of 360 Sky Vision proposed operating limitations, the operating

documents, and the technical aspects of the DJI Phantom 2 Vision+ UAS, 360 Sky

Vision 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).32

The FAA has previously grant ed 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).

In additional 350 Sky Vision fly only u nder a tight set of rules which can be found in

Exhibit D, which ensure the safest operation unde r any foreseen circumstan ce

.

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

In accordance with Section 333 of the FAA Modernization and Reform Act of

2012 (FMRA) and 14 C.F.R. § 21.16 entitled Special Conditions, 360 Sky Vision

requests that the FAA prescri be special conditions for the intended operation of the DJI

Phantom 2 Vision+ UAS, which contain such safety standards that the Administrator

finds necessary

to establish a level of safety equivalent to that established by 14 C.F.R. Part 21, Subpart

H, an d 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 the

NAS or the public, or otherwise pose a threat to national security; and furt her, provides

the authority for such UAS to operate without airworthiness certification in accordance

with any requirements that must be established for the safe operation of the UAS in the

NAS.

Likewise, the Administrator may prescribe special conditions pursuant to 14

C.F.R.33

§ 21.16, for operation of the DJI Phantom 2 Vision+ UAS, since the airworthiness

regulations of 14 C.F.R. Part 21 do not contain adequate or appropriate safety standards,

due to the novel or unusual design features of the aircraft. S ection 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 nove l 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 standar ds 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, th e

FAA may prescribe special conditions for Leading Edge’s intended operation of the DJI

Phantom 2 Vision+ UAS, which contain such safety standards that the Administrator

finds necessary to establish a level of safety equivalent to that established by 14 C. F.R.

Part 21,

Subpart H, and 14 C.F.R Sections 61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a),

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

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

Rules From Which 360 S ky Vision Seeks Exemption:

360 Sky Vision 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 360 Sky Vision Seeks:

This exemption will permit 360 Sky Vision 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 Informa tion, Views, Or Arguments Available To Support 360 Sky Vision Request.34 This Petition is made pursuant to the FAA Modernization and Reform Act of

2012 (FMRA) Section 333, which directs the Secretary of Transportation to determine if

certain UAS may operate safely in the NAS. As such, 360 Sky Vision 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 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, 360 Sky Vision will operate the DJI Phantom 2

Vision+ UASs safely in the NAS, without creating a hazard to users of the NAS, or the

public, or otherwise pose a threat to national security.36

Exhibits :

A

– DJI Phantom 2 Vision+ Specifications Data Sheet

B

– DJI Phantom 2 Vis ion+ Manufacturer’s User Manual

C

– Monthly Maintenance Log

D

– 360 Sky Vision On

- Site Safety Checklist

EXHIBIT

– A

DJI PHANTOM 2 VISION+ TECHNICAL

SPECIFICATIONS

360 Sky Vision only utilizes safe and reliable UASs. DJI is an industry leader in small

U AS production. DJI UASs are loaded with ground breaking software enabling the user to set parameters which will not allow flight into controlled airspace. Parameters can also be set to limit flight to no higher than a predetermined and set altitude as well as limit flight to a predetermined and set distance. In addition, DJI software provides real

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



### Aircraft Supported Battery: DJI 5200mAh LiPo Battery

Weight (Battery & Propellers included): 1242g

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

Max Yaw Angular Velocity; 200°/s

Max Tiltable Angle: 35°

Max Ascent / Descent Speed: Ascent: 6m/s; Descent: 2m/s

Max Flight Speed: 15m/s (Not Recommende d)

Diagonal motor

- motor distance: 350mm



### Remote

Control Operating Frequency: 5.728 GHz

- 5.85 GHz

Communication Distance (open area): CE Compliance: 400m; FCC

Compliance: 800m

Receiver Sensitivity (1%PER):

- 93dBm

Transmitter Power: CE Compliance: 25mW; FCC Compliance: 100mW

Working Voltage : 120 mA@3.7V

Built

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



### Range

Extender Operating Frequency: 2412

- 2462MHz

Communication Distance (open area): 500

- 700m

Transmitter Power: 20dBm

Power Consumption: 2W37 EXHIBIT

– B

DJI Phantom 2 Vision+ Manufacturer’s User Manual

See S eparate document attached to the Docket38



# EXHIBIT

– C

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:

360 Sky Vision James R. Fitzpatrick

30 Oakwood Rd Hopatcong, NJ 07843

Email: jf@360skyvision.com39



# EXHIBIT

– D

See attached 360 Sky Vision Checklist that we have been following over the last several years, to ensure what we have learned is applied beyond your safety requirements

.

See Separate document attached to the Docke t