UNITED STATES OF AMERI CA DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION WASHI NGTON, DC

IN THE MATTER OF THE PETITION FOR EXEMPTI ON OF: Darrick J. Pemberton

FOR AN EXEMPTION SEEKING RELIEF FROM THE REQUIREMENTS OF

TI TL E 14 OF THE CODE OF FEDERAL REGULATIONS 14 C.F.R §§ 61.23(a), 61.101(34) 61.113(a) & (b), 61.315 (a), 91.7(a), 91.119 (c), 91.119 (c), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b), CONCERNI NG COMMERCIAL OPERATI ON OF 3DR SOLO AND DJ I INSPI RE 1 UNMANNED AIRCRAFT SYSTEMS PURSUANT TO SECTION 333 OF THE FAA MODERNIZATION AND REFORM ACT OF 2012

(PUBLIC LAW 112

- 95)

Submitted on August 25 , 2015

Darrick J. Pemberton 6261 Gillespie Street Philadelphia, PA 19135 215 439 8888

## 1 Table of Contents GLOSSARY OF ABBREVIATIONS

................................ ................................ ................................ .................... 2 SUMMARY

................................ ................................ ................................ ................................ ............................ 3 IN TRODUCTION AND INTER ESTS OF THE PETITIONER

................................ ................................ ............ 3 BACKGROUND

................................ ................................ ................................ ................................ .................... 3 BASI S FOR PETITION

................................ ................................ ................................ ................................ ......... 3 NameAnd Address Of The Petitioner.

................................ ................................ ................................ .................... 5 The Specific Sections Of 14 C.F.R. From Which Applicant Seeks Exemption.

................................ .................... 5 The Extent Of Relief Applicant Seeks And The Rea son Applicant Seeks The Relief.

................................ .......... 7 The Reasons Why

Granting Applicant Request Would Be In The Public Interest; That Is, How It Woul d Benefit The Public As A Whole.

................................ ................................ ................................ ................................ ......... 9 The Reasons Why

Granting The Exemption Would Not Adversely Affect Safety, Or How The Exemption Would Provide A L evel Of Safety At Least Equal To That Provided By The Rule From Which Applicant Seeks Exemption.

................................ ................................ ................................ ................................ ............................ 10 CONCLUSION

................................ ................................ ................................ ................................ ..................... 17 EXHIBIT A

................................ ................................ ................................ ................................ ........................... 18 EXHIBIT B

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

## 2 GLOSSARY OF ABBREVIATIONS AGL Above Ground Level AOI Area of Interest ATC Air Traffic Control ATO Air Traffic Organization AV Aerial Vehicle CFR Code of Federal Regulations COA Certificate of Authorization FAA Federal Aviation Administration FAR Federal Aviation Regulation GCS Ground Control Station GPS Global Positioning System LOL Loss of Link NAS National Airspace Sy stem NOTAM Notice to Airman PI C Pilot In Command Section 333 FAA Modernization and Refor m Act of 2012 SO Safety Observer SOP Standard Operating Procedures UA Unmanned Aircraft UAS Unmanned Aircraft Sy stem VFR Visual Flight Rules VLOS Visual Li ne of Site VMC Visual Meteorological Conditions VTOL Vertical Takeoff and Landing

## 3 SUMMARY Darrick J. Pemberton (Applicant) seeks exemption from the requirements of 14 C.F.R §§ 61.23(a), 61.101(34 ) 61.113(a) & (b), 61.315 (a) , 91.7(a), 91.119 (c), 91.119 (c), 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 Applicant to operate an Unmanned Aircraft Sy stem (UAS) for the commercial purpose of conducting aerial video and photograph y of to be used in television commercials, weather traffic and news reports, and sporting events over c ertain areas of the United States.



### INTRODUCTION AND INTERESTS OF THE PETITIONER My name is Darrick J. Pemberton , I am 43 ye ars old Certified Microsoft Systems Engineer. I work for Morgan Lewis and Bockius in Princeton, NJ and have been with the firm for over 10 years. I am also an avid photographer with over 2 0 ye ars’ experience in all aspects of photography and see the need for new technology to improve quality , reduce costs , and help provide a new viewpoint from traditional photograph y mediums. I wish to provide high quality imaging for a variety

of commercial and public uses, specifically targeting:

 Aerial Survey

 Commercial Photography

 Management of Construction Progress

.
 Site Health and Sa fet y Plan inspections

 Insure implementation of Environmental Controls such as storm water discharge requirements and pollution prevention mitigation

 Inspections of Commercia l Real Estate



### BACKGROUND Unmanned Aircraft Sy stems: 3DR Solo , DJI Inspire 1 UASs Applicant seeks an exemption to operate 3DR and DJI s ys tems for compensation or hire within the NAS. The 3DR Solo and DJI

Inspire 1 are vertical takeoff and landing (VTOL) Unmanned Aircraft (UA) with a Ground Control Station (GCS) utilizing electronic tablet or smart phone sys tems. The 3DR Solo has a maximum gross weight of approximately

2 pounds 11 ounces, while hav ing a length of 16 inches width of 16 inches, height of 8 inches, and a maximum speed of approximately 29 knots. The DJ I Inspire 1 has a maximum gross weight of 6 pounds 7.5 ounces, a length of 17.3 inches, width of 17.7 inches, height of 11.8 inches, and a maximum speed of approximately

42 knots. The 3DR Solo and DJ I In spire 1UAs are equipped with four main rotors; driven b y Lithium Poly

mer battery

powered electric motors. The 3DR Solo and DJ I Inspire 1 UAs that will be operated b y Applicant will be regis tered in accordance with 49 U.S.C. 44103, Registration of Aircraft , as well as 14 C.F.R Part 47, Aircraft Registration , and marked in accordance with 14 C.F.R. Part 45, Identification and Registration Marking

.



### BASIS FOR PETITION Petitioner, Applicant , pursuant to the provisions of the Federal Aviation Regulations (14 C.F.R. § 11.61) and the FAA Modernization and Reform Act of 2012 (FMRA), Section 333, Special Rules for Certain Unmanned Aircraft Systems , hereb y petitions the Administrator to commercial ly operate the 3DR Solo , DJI Inspire 1 UASs in the National Airspace System (NAS), and for an exemption from the requirements of 14 C.F.R §§ 61.23(a), 61.101(e 4 ) 61.113(a) & (b), 61.315 (a) , 91.7(a), 91.119 (c), 91.119 (c), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1 ) & (a)(2), and 91.417(a) & (b).

## 4 In consideration of the speed, weight, size, and limited operating area associated with the unmanned aircraft and its operation, Applicant operation of 3DR Solo and DJI Inspire 1 UASs 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. Accordingl y, Applicant 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 appl y to aircraft with an airworthiness certificate. Applicant submits that the requested relief is proper since an equivalent level of safet y will be ensured. Applicant will use experienced personnel or technicians to perform maintenance, alterations, or preventive maintenance on the UASs using the methods, techniques, and practices prescribed in the operating documents (i.e., Monthly

Maintenance Log, and 3DR Solo and DJI Inspire 1 Instruction Manual). Furthermore, Applicant will document and maintain all maintenance records for the 3DR So lo and DJI Inspire 1 UASs. Relief from certain requirements of Section 61.113(a) and (b), entitled Private pilot privileges and limitations: Pilot in command , is requested by Applicant to the extent necessary to allow a Pilot in Command (PIC) holding a pr ivate pilot or higher level certificate, as well as an airman medical certificate, and who has demonstrated, b y meeting minimum flight

- hour and currency requirements, that the PI C is able to safel y operate the 3DR Solo and DJ I Inspire 1 UASs in a manner c onsistent with this exemption, including evasive and emergency maneuvers and maintaining appropriate distances from people, vessels, vehicles and structures. Applicant seeks relief from Section 91.7(a), entitled Civil aircraft airworthiness , because the 3 DR Solo and DJ I Inspire 1 UASs do not require an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H. As such, Applicant submits that he will ensure that the 3DR Solo and DJ I Inspire 1UASs are in an airworthy condition, prior to every flight, b y determining that the UASs are in compliance with the operating documents (i.e., Monthly

Maintenance Log, and 3DR Solo and DJI Inspire 1 Instruction Manual), and that the aircraft are in a condition for safe flight. Applicant also seeks an exemption from the requirements of Section 91.119 (c), entitled Minimum Safe Altitudes: General , as the 3DR Solo and DJI Inspire 1 UAs operate at low altitudes of 400 feet or less. Applicant also seeks an exemption from the requirements of S ection 91.121, entitled Altimeter Settings , as the 3DR Solo and DJI

Inspire 1 UAs will not have a ty pical barometric altimeter onboard. However, altitude information of the 3DR Solo and DJ I Inspire 1UAs will be provided to the PIC via Global Positioning S y stem (GPS) equipment and radio communications telemetry data link, which downlinks from the UA to the GCS for active monitoring of the flight path. This altitude information, combined with Applicant ’s operation of the 3DR Solo and DJI

Inspire 1 UASs within visual line of sight, at or below 500 feet AGL , will ensure a level of safety equivalent to Section 91.121. Additionally , Applicant seeks an exemption from the requirements of Section 91.151(b), entitled Fuel requirements for flight in VFR conditions

. Ap plicant submits that safety will not be affected b y operation of the 3DR Solo and DJI

Inspire 1 UAs during daylight hours in visual meteorological conditions (VMC) under visual flight rules (VFR), with enough battery power to fly for a total duration of ap proximately 13.5 minutes to the first point of intended landing and, assuming normal cruising speed, to fl y after that for at least 4.5 minutes. In accordance with 14 C.F.R. § 11.81, Applicant provides the following information in support of its petition for exemption:

## 5 Name A nd Address Of The Petitioner. The name and address of the Petitioner and point of contact is: Darrick J. Pemberton 6261 Gillespie Street Philadelphia, PA 19135 215 439 8888 Email: darrick.pemberton@gmail .com



### The Specific Sections Of 14 C.F.R. From Which Applicant Seeks Exemption. **Applicant Seeks Exemption From The Requirements Of Section 61.23(a).**  **Medical certifi cates:**  **Requirement and duration.** (a) Operations requiring a medical certificate. Except as provided in paragraphs (b) a nd (c) of this section. **Applicant Seeks Exemption From The Requirements Of Section 61.101(e4)**  **Recreational pilot privileges and limitations.**  **(e)** Except as provided in paragraphs (d) and (i) of this section, a recreational pilot may not act as pilot in command of an aircraft

— **(iv)** With retractable landing gear; **Applicant 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 (PI C) of an aircraft that is carryi ng passengers or property for compensation or hire; nor may that person, for compensation or hire, act as PI C of an aircraft. (b) A privat e pilot may , for compensation or hire, act as PIC of an aircraft in connection with an y business or employ ment if

— (1) The flight is only

incidental to that business or employ ment; and (2) The aircraft does not carry passengers or property

for compensati on or hire. **Applicant Seeks Exemption From The Requirements Of Section 315 (a).**  61.315 What are the privileges and limits of my sport pilot certificate? **(a)** If you hold a sport pilot certificate you may act as pilot in command of a light

- sport aircraft, except as specified in paragraph (c) of this section. **Applicant Seeks Exemption From The Requirements Of Section 91.7(a).**  Section 91.7, entitled Civil aircraft airworthiness , subsection (a), states the following: (a) No person may

operate a civil aircraft unless it is in an airworth y condition. **Applicant Seeks Exemption From The Requirements Of Section 91.119 (c).**  Except when necessary

for takeoff or landing, no person may operate an aircraft below the following alti tudes:

## 6 **Applicant 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 level of that aircraft, as the case may be, by reference to an altimeter that is set, when operating

-- (1) Below 18,000 feet MSL , to

-- (i) The current reported altimeter setting of a station along the route and within 100 nautical miles of the aircraft; (ii) If there is no station within the area prescribed in paragraph (a)(1)(i) of this section, the current reported altimeter setting of an appropriate available station; 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. **Applicant Seeks Exemption From The Requirements Of Section 91.151(b).**  Section 91.151, entitled Fuel requirements for flight in VFR conditions , subsection (b), states the 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. **Applicant Seeks Exemption From The Requirement Of Section 91.405(a).**  Section 91.405, entitled Maintenance required , subsection (a), states the following: Each owner or operator of an aircraft

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

-- (1) It has been approved for return to service b y a person authorized under § 43.7 of this chapter[.] **Applicant Seeks 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 m ay 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. **Applicant Seeks Exemption From The Requirements Of Sections 91.417(a) And 91.417(b).**  Section 91.417, entitled Maintenance records , subsections (a) and (b), state the following: (a) Except for work performed in accordance with §§ 91.411 and 91.413, each registered owner or operator shall keep the following records for the periods specified in paragraph (b) of this section: (1) Reco rds of the maintenance, preventive maintenance, and alteration and records of the 100

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

-- (i) A description (or reference to data acceptable to the Administrator) of the work performed; and (ii) The date of completion of the work performed; and (iii) The signature, and certificate number of the person approving the aircraft for return to service.

## 7 (2) Records containing the following information: (i) The total time in service of the airframe, each engine, each propeller, and each rotor. (ii) The current status of life

- limited parts of each airframe, engine, propeller, rotor, and appliance. (iii) The time since last overhaul of all items installed on the aircraft which are required to be overhauled on a specified time basis. (iv) The current inspection status of the aircraft, including the time since the last inspection required by the 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 safet y directive number and revision date. If the AD or safety directive involves recurring action, the time and date when the next action is required. (vi) Copies of the forms pre scribed b y § 43.9(d) of this chapter for each major alteration to the airframe and currentl y 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 b y other work or for 1 ye ar after the work is performed. (2) The records specified in paragraph (a)(2) of this section shall be retain ed and transferred with the aircraft at the time the aircraft is sold. (3) A list of defects furnished to a registered owner or operator under § 43.11 of this chapter shall be retained until the defects are repaired and the aircraft is approved for return to service.



### The Extent Of Relief Applicant Seeks And The Reason Applicant Seeks The Relief. **Extent Of Relief Applicant**  **Seeks And The Reason Applicant**  **Seeks Relief From Section 61.23(a).** Medical certificates: Requirement and duration. (a) Operations requiring a medical certificate. Except as provided in paragraphs (b) and (c) of this section. The PI C will not be operating a aircraft which is capable of carryi ng passengers or the pilot. **Extent Of Relief Applicant**  **Seeks And The Reason Applicant**  **Seeks Relief From Section 61.101(e4).**  61.101 Recreational pilot privileges and limitations. **(e)** Except as provided in paragraphs (d) and (i) of this section, a recreational pilot may not act as pilot in command of an aircraft

— **(iv)** With retractable landing gear; as the DJ I Inspire 1 has retractable landing gear which is integral to the operation of the camera. The landing gear lifts to allow 360 degree rotation of the camera without interference by the landing gear. This operation is ultimately

safer than rotating the entire DJ I Inspire 1 do the simplification of the rotation process. **Extent Of Relief Applicant**  **Seeks And The Reason Applicant**  **Seeks Relief From Section 61.113(a) And (b).** Relief from Section 61.113(a) and (b) entitled Private pilot privileges and limitations: Pilot in command , is requested to the extent necessary to allow a PI C holding a private pilot or higher level certificate, as well as a current and valid airman medical certificate, and who has met certain flight

- hour and currency require ments, 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 con nection with an y b usiness or employ ment if: (1) The flight is only

incidental to that business or employment; and (2) The aircraft does not carry passengers or propert y for compensation or hire. As set forth more full y b elow, Applicant submits that an equ ivalent level of safety will be maintained because no PI C will be allowed to operate the 3DR Solo UAS or DJ I Inspire 1 UAS unless that PI C has met certain flight

- hour and currency

requirements, demonstrating that the PIC is able to safely operate either the 3DR Solo or DJ I Inspire 1 UAS in a manner consistent with the operations specifications as described in this exemption, including evasive and emergency maneuvers, as well as maintaining appropriate distances from people, vessels, vehicles and structures.

## 8 Further, Applicant submits that all flights of the 3DR Solo and DJI Inspire 1 UASs, conducted by the PI C pursuant to th e grant of this Petition: (1) will be incidental to Applicant 's business; and (2) will not carry passengers or property

for compensation or hire. **Extent Of Relief Applicant**  **Seeks And The Reason Applicant**  **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 Applicant to determine that the 3DR Solo and DJI Inspire 1 UASs are in airworthy condition prior to every flight b y ensuring that the UAS is in compliance with the operating documents (i.e., the Applicant Aerial Operations Manual, Monthly Maintenance Log, and 3DR Solo and DJI Inspire 1 Instruction Manual). Applicant seeks the requested relief because the 3DR Solo and DJI Inspire 1 UASs do not req uire an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H. Therefore, Applicant will ensure that the 3DR Solo and DJI

Inspire 1 UASs are in airworthy condition based upon its compliance with the operating documents (i.e., Monthly Ma intenance Lo g, and 3DR Solo and DJI Inspire 1 Instruction Manual) prior to every flight, and further, determine that the aircraft are in condition for safe flight, as stated in the conditions and limitations below. **Extent Of Relief Applicant**  **Seeks And The Reason Applicant**  **Seeks Relief From Section 91.119 (c).** Relief from Section 91.119 (c), entitled Minimum Safe Altitudes: General , as the 3DR Solo and DJ I Inspire 1 UAs operate at low altitudes of 400 feet or less. **Extent Of Relief Applicant**  **Seeks And The Reason Applicant**  **Seeks Relief From Section 91.121**
**.** Relief from Section 91.121 , entitled Altimeter settings , may be required to allow flight operations of the 3DR Solo and DJI

Inspire 1 UASs , which utilize a barometric pressure sensor, GPS equipment, and a radio communications telemetry data link to downlink altitude information from the UA to the PI C at the ground control station (GCS). Since the FAA requires that any altitude information co ncerning UAS operations be reported to air traffic control (ATC) in feet above ground level (AGL), Applicant seeks the requested relief because the 3DR Solo and DJI Inspire 1 UA’s altimeter may be set on the ground to zero feet AGL, rather than the local b arometric pressure or field altitude, before each flight. Considering the limited altitude of the proposed operations, relief from 14 CFR 91.121 is sought to the extent necessary to comply

with the applicable conditions and limitations stated below. As mo re full y set forth herein, an equivalent level of safety will be maintained since the 3DR Solo and DJI Inspire 1 UAs are equipped with a barometric pressure sensor and GPS equipment, which automaticall y ensures that a ground level pressure setting will be established prior to each flight, and provides the PI C with altitude information of the UA on the heads

- up display

of the GCS. **Extent Of Relief Applicant**  **Seeks And The Reason Applicant**  **Seeks Relief From Section 91.151(b).** Relief from Section 91.151(b) entitled Fuel requirements for flight in VFR conditions , is requested to the extent required to allow flights of the battery powered 3DR Solo and DJI Inspire 1 UAs during day light 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 fl y after that for at least 4.5 minutes. Applicant seeks the requested relief because without an exemption from Section 91.151(b), the flight time duration of the battery

powered 3DR Solo and DJI Inspire 1 UAs will severely constrain the practicality of any aerial video or still photo flight operations th at Applicant proposes to conduct pursuant to this Petition. Significantl y, as set forth below, the technical specifications of the 3DR Solo and DJ I Inspire 1 UASs, the 3DR Solo and DJI

Inspire 1 operating documents, and Applicant ’s proposed operating limi tations, ensure that Applicant will safel y operate the battery powered 3DR Solo and DJI Inspire 1 UAs during day light hours in visual meteorological conditions (VMC), under visual flight rules (VFR), with enough battery power to fl y for a total duration of 13.5 minutes to the first point of intended landing and, assuming normal cruising speed, to fl y after that for at least 4.5 minutes.

## 9 **Extent Of Relief Applicant**  **Seeks And The Reason Applicant**  **Seeks Relief From Sections 91.405(a), 91.407(a)(**  **1), 91.409(a)(1) & (a)(2), And 91.417(a) & (b).** Since Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b) onl y appl y to aircraft with an airworthiness certificate, Applicant requests relief from these Sections because the 3DR Solo and DJI Inspire 1 UASs do not require airworthiness certificates. As set forth more full y below, the 3DR Solo and DJI Inspire 1 UASs meet the conditions of FMRA Section 333 for operation without an airworthiness certificate. Accordingl y, Applicant will us e 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 Applicant Aerial Operations Manual, Monthly Maintenance Log, and 3DR Solo and DJI Inspire 1 Instruction Manual). Furthermore, Applicant will document and maintain all maintenance records for the 3DR Solo and DJI Inspire 1 UASs.


### The Reasons Why Granting Applicant Request Would Be In The Public Interest; That Is, How It Would Benefit The Public As A Whole. Granting the present Petition will further the public interest by allowing Applicant to safel y, efficiently, and economicall y perform aerial video and photograp hy of construction sites, real estate, and landscape over certain areas of the United States. Additionally , use of the 3DR Solo and DJI Inspire 1 UAS ’ s will decrease congestion of the NAS, reduce pollution, and provide significant benefits to the economy. Notably , the benefits of Applicant ’s proposed operation of the 3DR Solo and DJ I Inspire 1 UAS ’ s will be realized without implicating any privacy issues. **The Public Will Benefit From Decreased Congestion Of The NAS.** The 3DR Solo and DJ I Inspire 1 UAs are battery powered and serve as a safe, efficient, and economical alternative to the manned aircraft traditionally utilized to obtain aerial imagery . By reducing the amount of manned aircraft needed to perform aerial acquisitions, an exemption allowing t he use of a 3DR Solo or DJ I Inspire 1 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. Furthermore, b y reducing the number of manne d aircraft operating in the NAS, congestion around airports caused b y arriving and departing aircraft will be reduced. The 3DR Solo and DJI Inspire 1 UAs do not require an airport to takeoff or land. Likewise, a reduction of manned aircraft conducting aeri al video and photography missions would result in fewer aircraft that must be handled by air traffic control during the ground, takeoff, departure, arrival, and landing phases of flight operations. **The Public Will Benefit From The Safety And Efficiency Of The**  **3DR Solo and DJI Inspire 1**  **UASs.** Conducting aerial acquisitions with the 3DR Solo and DJ I Inspire 1 UASs, instead of manned aircraft, will greatl y benefit the public by drasticall y reducing the levels of air and noise pollution generated during tradit ional aerial video and still photography flight operations. By using battery power and electric motors, the 3DR Solo and DJI

Inspire 1 UASs produce no air pollution, and is the most viable environmentall y conscious alternative to the cabin class, six cy lin der internal combustion engine aircraft that are t ypicall y utilized for aerial video and photography, while burning approximately 20

- 30 gallons per hour of leaded aviation fuel. The 3DR Solo and DJI

Inspire 1 UAs, while reducing the carbon footprint of aer ial acquisitions, also eliminates noise pollution, as the UAs are propelled b y battery powered electric motors, rather than an internal combustion engine. By using the 3DR Solo and DJI Inspire 1 UASs to perform aerial acquisitions, the substantial risk to life and propert y in the air and on the ground, which is usually associated with traditional manned aircraft flight operations, will be substantially reduced or completely

eliminated. Aside from the lack of flight crew members located onboard the aircraft , the 3DR Solo and DJI Inspire 1 UAs (weighing approximately 2 pounds 11 ounces and 6 pounds 7.5 ounces respectivel y, at their maximum gross weights with lengths of 16 inches and 17.3 inches respectivel y, widths of 16 inches and 17.7 inches respectively, a nd with no fuel on board), has less phy sical potential for collateral damage to life and propert y on the ground, and in the air, compared to the manned aircraft that typi cally 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).

## 10 **Performing Aerial Video and Photography Operations With The 3DR Solo**  **and DJI Inspire 1 UASs Will Benefit The Economy.**  In addition to being safe and efficient, the 3DR Solo and DJ I Inspire 1 UASs are also an economical alternative to using manned aircraft to conduct similar aerial operations. As such, operation of the 3DR Solo and DJI Inspire 1 UASs will allow United States based companies, like Applicant , to remain competitive and contribute to growth of the U.S. economy . Specifically , with the rising cost of aviation fuel and the Environmental Protection Agency

(“EPA”) regulatory

actions phasing out leaded aviation fuels, U.S. owned and operated companie s must adopt new and alternative technology in order to remain competitive. Operating the battery powered 3DR Solo and DJI Inspire 1 UASs is one such technology that not only

allows companies greater operational flexibility

compared to manned aircraft, but provides such flexibility without the high operational cost of a traditional manned aircraft. By operating the 3DR Solo and DJ I Inspire 1 UASs, companies such as Applicant , can remain competitive and profitable, and therefore, provide greater job stabili ty 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 3DR Solo and DJI Inspire 1 UASs, provides a stable workforce that increases con sumer 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. **There Are No Privacy Issues.** Similar to the manned aerial acq uisition flight operations that have been conducted for decades, Applicant ’s proposed operation of the 3DR Solo and DJ I Inspire 1 UASs will not implicate any p rivacy issues. Specificall y, the 3DR Solo and DJI

Inspire 1 UASs will be operated onl y in complia nce with operating documents (i.e., the Applicant Aerial Operations Manual, Monthly Maintenance Log, and 3DR Solo and DJI Inspire 1 Instruction Manual) which requires property owner involvement as well as local law enforcement notification, and in accordan ce with the Federal Aviation Regulations, including the minimum altitude requirements of 14 C.F.R. § 91.119.


### 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 Applicant Seeks Exemption. **Reasons Why The 3DR Solo**  **and DJI Inspire 1 UAs Meet The Conditions Of The FAA Modernization**  **and Reform Act of 2012 (FMRA) Section 333.** In consideration of the size, weight, speed, and limited operating area associated with the unmanned aircraft and its operation, Applicant ’s operation of the 3DR Solo and DJ I Inspire 1 UASs meet the conditions of FMRA Section 333, and will not require an a irworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H. Section 333 provides authority for a UAS to operate without airworthiness certification and sets forth requirements for considering whether a UAS will create a hazard to users of the NAS or the public, or otherwise pose a threat to national security. Specifically, FMRA Section 333 states the following, in part: (a ) In General.

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

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

-- (1 ) which types of unmanned aircraft system s, if any, as a result of their size, weight, speed, operational capability, proximity to airports and populated areas, and operation within visual line of sight do not create a hazard to users of the national airspace system or the public or pose a threat to national security; and (2 ) whether a certificate of waiver, certificate of authorization, or airworthiness certification under section 44704 of title 49, United States Code, is required for the operation of unmanned aircraft systems identified under paragraph (1).

## 11 (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 nati onal airspace system. In seeking this exemption, Applicant submits that the 3DR Solo and DJI Inspire 1 UASs can operate safel y in the NAS pursuant to FMRA Section 333, as demonstrated by: (a) the characteristics of the 3DR Solo and DJ I Inspire 1 UASs ; (b) the pilot certification requirement; and (c) the specific operating limitations. **a. The Specifications Of The 3DR Solo**  **and DJI Inspire 1 UASs Demonstrate Its Safe Characteristics.**  The 3DR Solo and DJ I Inspire 1 UASs do not create a hazard to users o f the NAS or the public, or otherwise pose a threat to national security considering its size, weight, speed, and operational capability. **i. Technical Specifications Of The 3DR Solo**  **and DJI Inspire 1 UASs.**  The technical specifications of the 3DR Solo and DJI Inspire 1 UASs are set forth b y the 3DR Solo and DJ I Inspire 1 Specifications and Data Sheet, attached hereto as Exhibit A and B. **ii. The 3DR Solo**  **and DJI Inspire 1 UASs Autonomous Flight And Navigation Modes Enable The**  **UASs To Remain Within A Define d Operational Area.**  The 3DR Solo and DJ I Inspire 1 UASs may be operated in both manual and fully autonomous flight modes. A complete description of the flight and navigational modes of the 3DR Solo and DJI Inspir e 1 UASs is provided at pages 19

- 30 and 36

- 38 of the 3DR Solo and pages 12

- 16 and 45

- 50 of the DJ I Inspire 1 User Manuals, attached hereto as Exhibit C and D. **iii. The 3DR Solo**  **and DJI Inspire 1 UASs Are Designed For Automatic Return To Home Point**  **Or Hover In The Event Of Loss Of The Control Link Or Navigation.**  When the Control Link is lost, the 3DR Solo and DJI Inspire 1 UAs will remain stationary, in flight, for 3 seconds or more. If, after 3 seconds, the 3DR Solo and DJI Inspire 1 UAs do not reacquire control link data from the GCS, the UAs will assume that the Control L ink is lost and the UAs will return to the home position (i.e., failsafe mode) via GPS, and will descend to the takeoff position and shutdown. A complete description of the Failsafe Functions o f the 3DR Solo UAS are set forth at pages 19 through 2 1 and for the DJI Inspire 1 at pages 13 through 15 of the 3DR Solo and DJ I Inspire 1 User Manuals, attached hereto as Exhibit C and D. **iv. The 3DR Solo**  **and DJI Inspire 1 GCS And Its Operation.**  A complete description of the operation and specifications of the 3DR Solo and DJ I Inspire 1 GCS and flight control software is provided at page 49 of the 3DR Solo User Manual and pages 40 through 47 of the DJ I Inspire 1 User Manual. 3DR Solo and DJI Inspi re 1 User Manuals are attached hereto as Exhibits C and D. **b. Flight Operations Of 3DR Solo**  **and DJI Inspire 1 UASs Are Limited To The Line Of Sight Of A**  **Certificated Pilot in Command With A Safety Observer.** Applicant will only

utilize certificated pilots who possess a current and valid airman medical certificate to act as a pilot in command (PI C) of the 3DR Solo and DJ I In spire 1 UASs. Additionally , a safet y observer will assist all pilots during flight time. **c. Flig hts Of**  **3DR Solo and DJI Inspire 1**  **UASs Will Be Conducted Pursuant To Specific Operating Limitations.**  In seeking this exemption, Applicant proposes to commerciall y operate 3DR Solo and DJI Inspire 1 UASs for the special purpose of conducting aerial video a nd photography over certain areas of United States, pursuant to the following specific operating limitations: 1. Operations authorized by this grant of exemption will be limited to the following aircraft described in the operating documents, rotorcraft UAS s weighing less than 55 pounds maximum gross weight: 3DR Solo and DJI

Inspire 1 Unmanned Aircraft Systems. Proposed operations of any other aircraft will require a new petition or a petition to amend this grant. 2. UAS operations under this exemption will be limited to conducting operations for the purpose of aerial video and photography

. 3. The UAs may

not be flown at an indicated airspeed exceeding 20 knots.

## 12

4. The UA must be operated at an altitude of no more than 500 feet above ground level (AGL), as indicated b y the procedures specified in the operating documents unless a special request is made and approved b y ATC. All altitudes reported to ATC must be in feet AGL. 5. The UAs must be operated within visual line of sight (VLOS ) of the PI C at all times. This requires the PI C to be able to use human vision unaided by any device other than corrective lenses, as specified on the PI C’s FAA

- issued airman medical certificate. 6. The use of first person view (FPV) b y the PI C or safet y observer (SO) is not permitted. 7. All operations must utilize a safet y observer (SO). The SO may be used to satisfy the VLOS requirement as long as the PIC alway s maintains VLOS capability . The SO and PI C must be able to communicate verbally

at all time s. 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 PI C with seeing and avoiding other air traffic and other ground based obstacles/obstructions and is not permitted to operate the camera or other instruments. 9. The operating documents and t he 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 grant of exemption and the procedures outlined in the opera ting 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 operat ing documents. I t 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 I ntegration Office (AF S

- 80) may be contacted if questions arise regarding updates or revisions to the operating documents. 10. Prior to each flight the PIC must inspect the UAS to ensure that it is in a condition for safe flight. If the inspection reveals a condition that affe cts the safe operation of the UAS, the aircraft is prohibited from operating until the necessary maintenance has been performed and the UAS is found to be in a condition for safe flight. The Ground Control Station must be included in the preflight inspecti on. 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, mus t undergo a functional test flight. The PI C 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, no t alread y covered in the relevant sections of the operating documents. 13. The operator must follow the UAS manufacturer’s aircraft/component, maintenance, overhaul, replacement, inspection, and life limit requirements. 14. The operator must carry out it s maintenance, inspections, and record keeping requirements, in accordance with the operating documents. Maintenance, inspection, alterations, and status of replacement/overhaul component parts must be noted in the aircraft records, including total time in service, description of work accomplished, and the signature of the authorized person r eturning 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 en try in the aircraft record of the corrective action taken against discrepancies discovered between inspections. 17. The PI C must possess at least a private pilot certificate and at least a current third

- class medical certificate.

## 13

18. The operator may not permit any PI C to operate unless the PI C meets the operator’s qualification criteria and demonstrates the ability to safely operate the UAS in a manner consistent with how the UAS will be operated under the exemption, including evasive and emergency ma neuvers and maintaining appropriate distances from persons, vessels, vehicles and structures. PI C qualification flight hours must be logged in a manner consistent with 14 C.F.R. § 61.51(b). Flights for the purposes of training the operator’s PICs are permi tted under the terms of the exemption. However, training operations may

onl y be conducted during dedicated training sessions. During training, proficiency, and experience

- building flights, all persons not essential for flight operations are considered nonp articipants, and the PI C 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 operat e 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. 21. The UA may

not be operated less than 500 feet below or less than 2,000 feet horizontally from a cloud or when visibili ty

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. The PI C must abort the flight in the event of unpredicted obstacles or emergencies in accordance with the operating documents. 24. The PI C is prohibited from beginning a flight unless (considering wind and forecast weather conditions) there is enough power to fl y 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 an y 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 o f the UA must comply

with the Federal 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 an y time the UAS is operating. These documents must be made available to the Administrator or any l aw enforcement official upon request. 29. The UA must remain clear and y ield the right of way

to all manned aviation operations and activities at all times. 30. The UAS may

not be operated b y the PIC from any moving device or vehicle. 31. Flight operations must be conducted at least 500 feet from all nonparticipating persons (persons other than the PI C, SO, operator trainees or essential persons) , vessels, vehicles, and structures unless: 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. I f a situation arises where nonparticipating persons leave such protection and are within 500 feet of the UA, flight operations must cease immediately and/or;

## 14

b. The aircraft is operated near vessels, vehicles or structures where the own er/controller of such vessels, vehicles or structures has granted permission and the PI C has made a safety assessment of the risk of operating closer to those objects and determined that it does not present an undue hazard, and; c. Operations nearer to the PIC, SO, operator trainees or essential persons do not present an undue hazard to those persons per § 91.119(a). 32. All operations shall be conducted over private or controlled

- access property with permission from the land own er/controller or authorized representative. Permission from land owner/controller or authorized representative will be obtained for each flight to be conducted. 33. Any incident, accident, or flight operation that transgresses the lateral or vertical bound aries 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 NT SB Web site: www.ntsb.gov

. **Reasons Why An Exemption From The Requirements Of Section 61.113(a) And (b) Would Not Adversely Affect Safety.**  Applicant submits that the equivalent level of safety established b y Section 61.113(a) and (b) will be maintained because no PIC will be allowed to operate the 3DR Solo and DJI Inspire 1 UASs unless that PI C has demonstrated, b y meeting minimum flight

- hour and currency requirements, that the PI C is able to safely operate the 3DR Solo or DJI

Inspire 1 UAS in a manner consistent with the exemption, including evasive and emergency

maneuvers and maintaining appropriate distances from people, vessels, vehicles and structures. Considering Applicant ’s proposed area of operations, and th e operating limitations set forth

- above; the parallel nature of private pilot aeronautical knowledge requirements to those of commercial pilot requirements ( See Exemption No. 11062); and the airmanship skills necessary to safel y operate the 3DR Solo or DJI Inspire 1 UAS, Applicant submits that the additional manned airmanship experience of a commercially certificated pilot would not correlate to the airmanship skills necessary for Applicant ’s specific proposed flight operations. The FAA has previously

gran ted relief from Section 61.113(a) and (b) specific to UAS, in circumstances similar, in all material respects, to those presented herein (e.g. Exemption Nos. 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110, 11112, 11136, 11138, 11150, 11153, 11156, 11158, 11159, 11160, 11161). Applicant will not allow any PI C to operate the 3DR Solo or DJI Inspire 1 UAS unless that PIC has demonstrated, b y meeting minimum flight

- hour requirements or the 3DR Solo or DJI Inspire 1 UAS training and currency

requ irements, that the PI C is able to safel y operate the 3DR Solo or DJ I Inspire 1 UAS in a manner consistent with this exemption, including evasive and emergency maneuvers and maintaining appropriate distances from people, vessels, vehicles and structures. S pecificall y, the PI C must have accumulated and logged, in a manner consistent with 14 C.F.R. § 61.51(b), 25 hours of total time as a UAS rotorcraft pilot (with a minimum of 5 hours of those hours as a UAS pilot operating the same make and model of UAS to b e used for operations under the exemption). I n 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 exper ience that was obtained in compliance with applicable regulations will ensure an equivalent level of safet y during Applicant ’s proposed operations. The Administrator has held that prior documented flight experience that was obtained in compliance with appl icable regulations would ensure safe operations, stating as follows: In Exemption No. 11062, the FAA required that prior to conducting operations for the purpose of motion picture filming (or similar operations), the PIC must have accumulated and logged, in a manner consistent with 14 CFR 61.51(b), 25 hours of total time as a UAS rotorcraft pilot including at least 10 hours logged as a UAS pilot with a multi

- rotor UAS. Prior to operations under Exemption No. 11062, the PI C must also have accumulated and lo gged 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 an d 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. I n addition to the hour requirements, the PIC must accomplish 3 takeoffs and landings in the preceding 90 day s ( for currency

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

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

## 15 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 PI C is required to operate the UA with appro priate distances in accordance with 14 C.F.R 91.119. Exemption No. 11138 at page 15. Accordingl y, Applicant will ensure safe operations by not allowing any P IC to operate the 3DR Solo or DJ I Inspire 1 UAS unless that PIC has demonstrated, by meeting mini mum flight

- hour and currency requirements, that the PI C is able to safely operate the 3DR Solo or DJ I Inspire 1 UAS in a manner consistent with the exemption, including evasive and emergency maneuvers and maintaining appropriate distances from people, vess els, vehicles and structures. **Reasons Why An Exemption From The Requirements Of Section 91.7(a) Would Not Adversely Affect Safety.**  The equivalent level of safety established b y Section 91.7(a) will be maintained because prior to every flight, Applicant w ill ensure that the 3DR Solo or DJI Inspire 1 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 Se ction 91.7(a) specific to UAS, in circumstances similar, in all material respects, to those presented herein (e.g. Exemption Nos. 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110, 11112, 11136, 11138, 11150, 11153, 11156, 11157, 11158, 11159, 11160, 11161). **Reasons Why An Exemption From The Requirements Of Section 91.119 (c) and**  **91.121 Would Not Adversely Affect Safety.**  The equivalent level of safety established b y Section s 91.119 (c) and 91.121 will be maintained because the altitude information of the 3DR Solo and DJ I Inspire 1 UAs will be provided to the PIC via GPS equipment and a radio communications telemetry data link, which downlinks from the UA to the GCS for active monitoring of the flight path and altitude. This altitude information, combined with Applicant ’s operation of the 3DR Solo and DJI Inspire 1 UAs within visual line of sight, at or below 500 feet AGL, will ensure a level of safet y equivalent to Section 91.121. The altitu de information will be generated b y GPS equipment installed onboard the aircraft. Prior to each flight, a zero altitude initiation point is automatically established by the UASs at ground level. The FAA has previously

granted relief from Section 91.121 sp ecific 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). **Reasons Why An Exemption From The Requirements Of Section 91.151(b) Would Not Adversely Affect Safety.**  A grant of this exemption would ensure an equivalent level of safety established by 14 C.F.R. Section 91.151(b) as a result of (1) the technical specific ations of the 3DR Solo and DJ I Inspire 1 UASs; (2) the limitations on the proposed flight operations; and (3) the location of the proposed flight operations. Accordingly, Applicant will ensure that it will safel y operate the battery powered 3DR Solo and DJ I Inspire 1 UAs during day light 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 3DR Solo and DJ I Inspire 1 UASs; the limitations on the proposed flight operations; and the location of the proposed operations, will ensure an equivalent level of safety established by 14 C.F.R. Section 91.151(b). Furthermore, safety will be ensured as the 3DR Solo and DJI

Inspire 1 UASs provide audible and visual warnings to the PI C at the GCS when the UAs experiences low battery

voltage, the first warning occurring at approximately 33% remainin g battery

power, and again at approximately

10% remaining battery

power. At the criticall y low battery level, the DJ I Phantom Vision+ and DJ I Inspire 1 UASs will descend and land automatically. Significantl y, previous exemptions granted b y the FAA concern ing Section 91.151 establish that safety is not adversel y affected when the technical characteristics and operating limitations of the UAS are considered. Relief has been granted for manned aircraft to operate at less than the minimums prescribed in Sectio n 91.151, including Exemption Nos. 2689, 5745, and 10650. Moreover, the FAA has previously granted relief from Section 91.151 specific to UAS, in circumstances similar, in all material respects, to those presented herein (e.g. Exemption Nos. 8811, 10808, 1 0673, 11042, 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110, 11136, 11138, 11150, 11153, 11156, 11157, 11158, 11159, 11160, 11161). **Reasons Why An Exemption From The Requirements Of Sections**

## 16 **91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), A nd 91.417(a) & (b) Would Not Adversely Affect Safety.**  In seeking this exemption, Applicant submits that the equivalent level of safet y 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 Applicant will use trained te chnicians to perform maintenance, alterations, or preventive maintenance on the UASs using the methods, techniques, and practices prescribed in the operating documents (i.e., the Applicant Aerial Operations Manual, Monthly Maintenance Log, and 3DR Solo and DJI

Inspire 1 Instruction Manual). Furthermore, Applicant will document and maintain all maintenance records for the 3DR Solo and DJ I Inspire 1 UASs. Since the 3DR Solo and DJI Inspire 1 UASs will be inspected as prescribed by the operating documents, Applicant will maintain the equivalent level of safety established by

Sections 91.405(a), 91.409(a)(1), and 91.409(a)(2). A cop y o f the 3DR Solo and DJ I Inspire 1 User Manuals are attached hereto as Exhibit C and D; a copy of the 3DR Solo and DJI Inspire 1 UAS Maintenance LOG is attached hereto as Exhibit E. Likewise, the exemption sought will not adversely affect safety because Applicant will use trained technicians to perform maintenance, alterations or preventive maintenance on the UAS using the methods , techniques, and practices prescribed b y the operating documents. Furthermore, the exemption sought would maintain an equivalent level of safet y established b y Sections 91.407, 91.417(a) and 91.417(b), because all maintenance of the 3DR Solo and DJ I Insp ire 1 UASs will be performed by trained technicians. Maintenance will be documented and maintained utilizing the monthly maintenance log. Significantl y, previous exemptions granted b y the FAA concerning Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a) (2), and 91.417(a) & (b) establish that safet y is not adversely affected when the technical characteristics and operating limitations of the UAS are considered. In consideration of Applicant ’s proposed operating limitations, the operating documents, and t he technical aspects of the 3DR Solo and DJ I Inspire 1 UASs, Applicant submits that safety will not be adversely affected b y 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 pre viously granted relief specific to UAS in circumstances similar, in all material respects, to those presented herein (e.g. Exemption Nos. 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110, 11112, 11136, 11138, 11150, 11153, 11156, 11157, 11158, 11159, 11160, 11161). **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 , Applicant requests that the FAA prescribe special conditions for the intended operation of the 3DR Solo and DJ I Inspire 1 UASs, which contain such safety standards that the Administrator finds necessary

to establish a level of safety equivalent to that established by 14 C.F.R. Part 21, Subpart H, and 14 C.F.R §§ 61.113(a) & (b), 91.7 (a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b). Such special conditions will permit safe operation of the UAs for the limited purpose of con ducting aerial video and photography over certain areas of the United States for compensation or hire. FMRA Section 333 sets forth the requirements for considering whether a UAS will create a hazard to users of the NAS or the public, or otherwise pose a th reat to national security; and further, provides the authority for such UAS to operate without airworthiness certification in accordance with any requirements that must be established for the safe operation of the UAS in the NAS. Likewise, the Administrat or may prescribe special conditions pursuant to 14 C.F.R. § 21.16, for operation of the 3DR Solo and DJI Inspire 1 UASs, since the airworthiness regulations of 14 C.F.R. Part 21 do not contain adequate or appropriate safety standards, due to the novel or u nusual design features of the aircraft. Section 21.16, entitled Special Conditions , states the following: If the FAA finds that the airworthiness regulations of this subchapter do not contain adequate or appropriate safet y standards for an aircraft, aircr aft 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 th is chapter and contain such safety s tandards 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.

## 17 See 14 C.F.R. § 21.16. Therefore, in accordance with FMRA Section 333 and 14 C.F.R. § 21.16, the FAA may prescribe special conditions for the Applicant intended operation of the 3DR Solo and DJI Inspire 1 UASs , which contain such safet y standards that the Administrator finds necessary to establish a level of safet y equivalent to that established by

14 C.F.R. Part 21, Subpart H, and 14 C.F.R Sections 61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407 (a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b).

 **A Summary That Can Be Published In The Federal Register,**  **stating: The Rules From Which Applicant**  **Seeks Exemption:** Applicant 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 Applicant**  **Seeks:** This exemption will permit Applicant to commercially operate an Unmanned Aircraft System (UAS ) for the purpose of conducting aerial video and photography over certain areas of the United States.

 **Any Additional Information, Views, Or Arguments Available To Support Applicant**  **’s Request.**  This Petition is made pursuant to the FAA Modernization and Reform Act of 2012 (FMRA) Section 333, which directs the Secretary of Transportation to determine if certain UAS may operate safel y in the NAS. As such, Applicant ’s request for exemption may be g ranted 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 t o national security; and further, provides the authority for such UAS to operate without airworthiness certification. As discussed in detail above, Applicant will operate the 3DR Solo and DJ I Inspire 1 UASs safely in the NAS, without creating a hazard to users of the NAS, or the public, or otherwise pose a threat to national security.



### CONCLUSION As set forth herein, Applicant 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 permit safe operation of the 3DR Solo and DJ I Inspire 1 UASs commercially , without an airworthiness certificate, for the limited purpose of conducting aerial video and photography o ver certain areas of the United States. By granting this Peti tion, the FAA Administrator will be fulfilling the Congressional mandate of the FAA Modernization and Reform Act of 2012, while also advancing the interests of the public, by allowing Applicant to safel y, efficiently, and economically operate the 3DR Solo and DJI

Inspire 1 UASs commercially within the NAS. WHEREFORE , in accordance with the Federal Aviation Regulations and the FAA Modernization and Reform Act of 2012, Section 333, Applicant respectfully requests that the Administrator grant this Petition fo r an exemption from the requirements of 14 C.F.R Sections 61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a ) & (b), and permit the Applicant to operate the 3DR Solo and DJI Inspire 1 UASs commerciall y for the purpose of conducting aerial video and photograph y over certain areas of the United States.

R espectfully

submitted,

Darrick J. Pemberton 6261 Gillespie Street Philadelphia, PA 19135 darrick.pemberton@gmail.com 215 439

- 8888

## 18 EXHIBIT A

**SOLO**

**– TECHNICAL SPECS**  Cameras: Compatible with GoPro® HERO3, 3+ and 4; optimized for HERO3+ a nd 4 Streaming video quality : 720p Flight time: 25 mi nutes; 20 minutes with pay load* Range: .5 miles** (.8 km) Max speed: 55 mph (89 km/h) Max ascent speed: 10 m/s in stab ilize mode; 5 m/s in “fly” mode Max descent speed: ditto Max payload: 420 g Max altitude: 400 ft per FAA regu lation, user adjustable (122 m) Motors: 880 kV Propellers: 10 ′′ diameter 4.5′′ pitch self

- tightening (24 cm diameter 144 cm pitch); glass

- reinforced nylon Autopilot: Pixhawk 2 Software: APM:Copter Communication: 3DR Link secure WiFi network Frequency : 2.4 GHz Weight: 3.3 lbs. (1.5 kg) / 3.9 lbs. (1.8 kg) with GoPro® and Solo Gimbal Dimensions: 10 in. tall (25 cm), 18 in. (46 cm) motor

- to

- motor Flight battery : L ithium poly mer 5200 mAh 14.8 Vdc Battery charge time: ~1.5 hours Controller battery : 2600 mAh 7.2 Vdc rechargeable lithium ion App requirements: iOS 8.0 or later / Android 4.3 or laters. *Flight time varies with payload, wind conditions, elevation, temperature, humidity , fl yi ng st yl e and pilot skill. Listed flight time applies to elevations less than 2,000 ft above sea level. **Depending on environmental conditions; controller is expandable, allowing us or third parties to amp up the range in the future. **Solo Smart Battery:** Rechargeable lithium polymer (Li

- Po) 5200 mAh 14.8 Vdc Weight: 1 lb. (.5 kg)
**Solo Gimbal:**
Three

- axis stabilization Fully compatible with 3DR Solo and G oPro HERO3+ and HERO4; camera charging and stabilization only with HERO3 HDMI video output Wireless software upgrade through Solo Controllable range: 0° to

- 90° pitch

## 19 EXHIBIT B

**INSPIRE 1**

**– TECHNICAL SPECS** 
Aircraft Model

T600 Weight (Battery In cluded) 2935 g Hovering Accuracy

(GPS Mode)
Vertical: 0.5 m Horizontal: 2.5 m Max Angular Velocity
Pitch: 300°/s Yaw: 150°/s Max Tilt Angle
35° Max Ascent Speed
5 m/s Max Descent Speed
4 m/s Max Speed 22 m/s (ATTI mode, no wind) Max Flight Altitude

4500 m Max Wind Speed Resistance
10 m/s Max Flight Time Approximately

18 minutes Motor Model

DJI 3510 Propeller Model

DJI 1345 Indoor Hovering
Enabled b y default Operating Temperature Range

## 20 - 10° to 40° C Diagonal Distance
559 to 581 mm Dimensions

438x451x301 mm Gimbal Model
ZENMUSE X3 Output Power (With Camera)
Static: 9 W In Motion: 11 W Operating Current
Station: 750 mA Motion: 900 mA Angular Vibration Range
±0.03° Mounting
Detachable Controllable Range
Pitch:

- 90° to +30° Pan: ±320° Mechanical Range
Pitch:

- 125° to +45° Pan: ±330° Max Controllable Speed
Pitch: 120°/s Pan: 180°/s Camera Name
X3 Model
FC350 Total Pixels
12.76M Effective Pixels
12.4M Image Max Size

## 21 4000x3000 ISO Range
100

- 3200 (video) 100

- 1600 (photo) Electronic Shutter Speed

8s

- 1/8000s FOV (Field Of View)
94° CMOS Sony EXMOR 1/2.3” Lens 20mm (35mm format equivalent)f/2.8 focus at ∞ 9 Elements in 9 groups Anti

- distortion Still Photograph y Modes Single shoot Burst shooting: 3/5/7 frames Auto Exposure Bracketing (AEB): 3/5 bracketed frames at 0.7EV Bias Time

- lapse Video Recording Modes UHD (4K): 4096x2160p24/25, 3840x2160p24/25/30 FHD: 1920x1080p24/25/30/48/50/60 HD: 1280x720p24/25/30/48/50/60 Max Bitrate Of Video Storage 60 Mbps Supported Fi le Formats
FAT32/exFAT Photo: JPEG, DNG Video: MP4/MOV (MPEG

- 4 AVC/H.264) Supported SD Card Ty

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

- 1 rating required. Operating Temperature Range
0° to 40° C Remote Controller Name
C1 Operating Frequency

## 22 922.7~927.7 MHz (Japan Only ) 5.725~5.825 GHz 2.400~2.483 GHz Transmitting Distance (Outdoor And Unobstructed)
2 km EIRP 10dBm@900m, 13dBm@5.8G, 20dBm@2.4G Video Output Port USB, mini

- HDMI Power Supply
Built

- in battery Charging

DJI charger Dual User Capability

Host

- and

- Slave connection Mobile Device Holder
Tablet or Phone Max Mobile Device Width
170mm Output Power
9 W Operating Temperature Range

- 10° to 40° C Storage Temperature Range
Less than 3 months:

- 20° to 45° C More than 3 months: 22° to 28° C Charging Temperature Range

0

- 40° C Battery
6000 mAh L iPo 2S Charger Model

A14

- 100P1A Voltage
26.3 V Rated Power

## 23 100 W Battery (Standard) Name Intelligent Flight Battery Model
TB47 Capacity
4500 mAh Voltage
22.2 V Battery Ty pe
LiPo 6S High voltage battery Energy
99.9 Wh Net Weight 570 g Operating Temperature Range

- 10° to 40° C Storage Temperature Range
Less than 3 months:

- 20° to 45° C More than 3 months: 22° C to 28° C Charging Temperature Range
0° to 40° C Max Charging Power
180 W Battery (Optional) Name Intelligent Flight Battery Model

TB48 Capacity
5700 mAh Voltage
22.8 V

## 24 Battery Ty pe
LiPo 6S Energy
129.96 Wh Net Weight 670 g Operating Temperature Range

- 10° to 40° C Storage Temperature Range
Less than 3 months:

- 20 to 45° C More than 3 months: 22° to 28° C Charging Temperature Range
0° to 40° C Max Charging Power
180 W Vision Positioning Velocity Range Below 8 m/s (2 m above ground) Altitude Range

5

- 500 cm Operating Environment Brightly lit (lux > 15) patterned surfaces Operating Range

0

- 250 cm DJI GO App Mobile Device S ys tem Requirements iOS 8.0 or later, Android 4.1.2 or later Supported Mobile Devices * Compatible with iPhone 5s, iPhone 6, iPhone 6 Plus, iPad Air, iPad Air Wi

- Fi + Cellular, iPa d m a ini 2, iPad mini 2 Wi

- Fi + Cellular, iPad Air 2, iPad Air 2 Wi

- Fi + Cellular, iPad mini 3, and iPad mini 3 Wi

- Fi + Cellular. This app is optimized for iPhone 5s, iPhone 6, and iPhone 6 Plus. * Compatible with Samsung tabs 705c, Samsung S6, Samsung S5, Samsung NOTE4, Samsung NOTE3, Google Nexus 9, Google Nexus 7 II, Ascend Mate7, Nubia Z7 mini, SONY Z3 EXPERI A, MI 3, MI PAD *Support for additional Android devices available as testing and development continues.