1 December 1st, 2015

Attn:

U. S. Department of Transportation Docket Operations

West Building Ground Floor, Room w1 2

- 140

1200 New Jersey Ave, SE Washington, DC 20590

RE: Aspiring Drone

REQUEST AN EXEMPTION FROM THE REQU I REMENTS OF T I TLE 14 OF THE CODE

OF FEDERAL REGULATIONS

SECT I ONS 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 COMMERC I AL OPERATION OF D J I Phantom

3 UNMANNED AIRCRAFT SYSTEMS PURSUANT TO SECTION 333 OF

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

- 95)

Tyler Weber

Owner Aspiring Drone

5882 Shenandoah Ave Firestone, CO 805042 TABLE OF CONTENTS

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

SUMMARY.....................................................................................................................

. .....4

I N TRODUCTION AND INTERESTS OF PETITIONER....................................................4

BACKGROUND...............

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

BAS I S FOR PETITION .........................................................................................................5

NAME AND ADDRESS OF PETI T I O NER.........................................................................6 Page

THE SPEC I F I C SECTIONS OF 14 C.F.R. FROM WH I CH ASPIRING DRONE SEEKS

EX EMPT I ON.......................................

. ....................................................................7

THE EXTENT OF RELIEF ASPIRING DRONE SEEKS AND THE REASON ASPIRING

DRONE S EEKS THE R ELIEF..............................................................10

THE REASONS WHY GRANTING ASPIRING DRONE REQUEST WOU L D BE I N THE

PUBLIC INTEREST ............................................................................................12

THE REASO NS WHY GRANTING THE EXEMPT I O N T O ASPIRING DRONE WOU L D

NOT ADVE RSE L Y AFFECT SAFETY.........................................

. ....................14

SUMMARY THAT CAN BE PUBLISHED IN THE FEDERAL REG I STER... ................25

ANY ADDITIONAL INFORMATION, VIEWS, OR ARGUMENTS AVAILABLE TO

SUPPORT ASPIRING DRONE’S R EQUEST..................................................25

CONC L USION...........................................................................................................

. .........25

APPEND I CES......................................................................................... 263 GLOSSARY OF ABBREVIATIONS

AG L Above Ground Level

AO I Area of Interest

ATC Air Traffic Control

ATO Air Traffic Organization

A V Aerial Vehicle

CFR Code of Federal Regulations

COA C ertificate of Authorization

FA A Federal Aviation Administration

FA R Federal Aviation Regulation

GCS Ground Control Station

GPS Global Positioning S y stem

LOL Loss of Link

NA S National Airspace S y stem

NOTAM Notice to Airman

P I C Pilot I n Command

Section 333 FAA Modernization and Reform Act of 2012 (FMRA)

S O Safety Observer

SOP Standa rd Operating Procedur e s

U A Unmanned Aircraft

UA S Unmanned Aircraft S y stem

VF R Visual Flight Rules

VLOS Visual L ine of Site

VMC Visual Meteorological Conditions

VTOL Vertical Takeoff and Landing4 SUMMARY

Aspiring Drone seeks exemption from the requirements of 14 C.F.R § § 61.113(a ) & (b),

91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) &

(b), to operate an Unmanned Aircraft S y stem (D J I Phantom 3) pursuant to Section 333 of the

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

Drone t o operat e a n Unmanne d Aircraf t S y ste m (UAS ) fo r th e commercia l purpos e of

conducting aerial video and photograp h y o f construction sites, residential and commercial real

estate, civil landscap e s and events over certain areas of the United States.

INTRODUCTION AND INTERESTS OF THE PETITIONER

Aspiring Drone will be providing clients with photography and videography of properties for the

purpose of advertising and site development. T he objective of Aspiring Drone is to provide high

quality imaging for a variety of commercial, public, and residential uses, specifically targeting:

• Construction Sites

• Golf Courses

• Real Estate

• Special Events

• Private Events

BACKGROUND

Unmanned Aircraft S y stems: DJI Phantom 3, UAS

Aspiring Drone seeks an exemption to operate D J I Phantom 3 s y stem for compensation or hire

wit hin the NAS. The DJI Phantom 3 i s vertical takeoff and landing (VTOL) Unmanned

Aircraft (UA ) with a Ground Control Station (GCS ) utilizing electronic tablet or smart

phone s y stems. The DJ I P hantom 3 has a maximum gros s weight of approximately 2.8 lb.

while having a diagonal dimension of 23.2 ”

, a maximu m speed of approximately 16.4’fps and a

maximu m fl y in g height o f 400 '

. The D J I Phantom 3 i s equipped with four main rotors; driven

by L ithiu m Pol y me r batter y powered electric motors5 BASIS FOR PETITION

Petitioner, Aspiring Drone, pursuant to the provisions o f the Federal Aviation Regulations (14

C.F.R. § 11.61) and th e FAA Modernization and Reform Act of 2012 (FMRA), Section 333,

Special Rules for Certain Unmanned Aircraft Systems

, here b y petitions the Administrator to

commercially operate the D J I Phantom 3, UA S in the National Airspace S y stem (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).

I n consideration of th e speed, weight, size, and limited operating area associated with the

unmanned aircraft and it s operation, Aspiring Drone ’s operation of D J I Phantom 3

UA S meets the conditi on s o f FMR A Sectio n 33 3 and therefore

, wil l no t requir e a n airworthiness

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

According l y

, Aspiring Drone requests relief from Sections 91.405(a),

91.407(a)(1), 91.409(a)(1 ) & (a)(2)

, an d 91. 4 17(a ) & (b)

, a s thes e section s se t fort h requirements

for maintenance that only app l y to aircraft with an airworthiness certificate.

Aspiring Drone submits that the requested relief is proper since an equivalent level of safe t y

will be ensured. Aspiring Drone will use experienced personnel or technicians to perform

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

and practices prescribed in the operating documents (i.e., Monthly Maintenance L o g

, a nd DJ I

P hantom 3 I nstruction Manual). Furthermore, Aspiring Drone will document and maintain all

maintenance records for the D J I Phantom 3 UAS.

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

and limitations: Pilot in command

, is requested b y Aspiring Drone to the extent necessary t o

allo w a Pilo t i n Comman d (P I C) holding a private pilot or higher level certificate, as well as an

airman medical certificate, and who ha s demonstrated, b y m eeting minimum flight

- hour and

currenc y r equirements

, tha t th e P I C i s abl e t o safel y operat e th e DJ I Phanto m UA S i n a manner

consistent with this exemption, including evasive and emergenc y maneuvers and maintaining

appropriate distances from people, vessels, veh i cles and structures.

Aspiring Drone seeks relief from Section 91.7(a), entitled Civil aircraft airworthiness

, becaus e

the DJ I P hantom 3 UAS do not require an airworthiness certificate in accordance with 14 C.F.R.

Part 21, Subpart H. As such, Aspiring Drone submits that the y will ensure tha t the D J I Ph a ntom

3 UA S i s in an airwort h y condition, prior to every flight, b y determining tha t the UA S are in

compliance with the operating documents (i.e., Monthl y Maintenanc e Log

, and D J I Phantom

3 Instruction Manual)

, an d tha t th e aircraft are in a condition for safe flight.6 Aspiring Drone also seeks an exemption from the requirements of Section 91.121, entitled

Altimeter Settings

, as the D J I Phantom 3 UA S will not hav e a t y pical barometric

altimeter onboard. However, altitude information of the D J I Phantom 3 UA S will be provided to

the P I C 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 Aspiring Drone’s operation of the D J I Phantom 3 UAS

within visual line of sight, at o r below 400 fee t AGL, will ensure a level of safe t y equivalent

to Section 91.121.

Additionall y

, Aspiring Drone seeks a n exemption from the requirements of Section

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

. Aspiring Drone submits that

safety w il l not be affected b y operation o f the D J I Phantom 3 UA S during da y light hou r s in

visual meteorological conditions (VMC) under visual flight rules (VFR), with enoug h batter y

power t o fl y f o r a total duration of approximately 23 minute s. B atter y power indicators are

also able t o show exactl y h o w much batter y p owe r is left, as well as ho w much time is

needed to return safe l y back to point of takeoff

.

I n accordance with 14 C.F.R. § 11.81, Aspiring Drone provides the following information in

support of its petition for exemption:

A . Name And Address Of The Petitioner.

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

Tyler Weber

Owner

Aspiring Drone

5882 Shenandoah Ave

Firestone, CO 80504

B. The Specific Sections O f 14 C.F.R. From Which Aspiring Drone Seeks

Exemption.

1. Aspiring Drone Seeks Exemption Fro m The Requirements O f 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 hold s a private pilot certificate ma y a ct as a pilot in command

(P I C) o f an aircraft that is car r y ing passengers o r proper t y for compensation or hire;

nor may that person, for compensation or hire, act as P I C of an aircraft.

(b) A private pilot ma y

, for compensation o r hire, act as P I C of a n aircraft in

connection with a n y business or empl o y m ent i f

—

(1) The flight is only incidental to that business or emplo y ment; and7 (2) The aircraft does not carry passengers or property for compensation or hire.

2. Aspiring Drone Seeks Exemption Fro m The Requirements O f Section

91.7(a).

Section 91.7, entitled Civil aircraft airworthiness , subsection (a), states the following:

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

3. Aspiring Drone Seeks Exemption From The Requirements O f 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 ma y be, b y r eference to an altimeter that i s set, when

operatin g

--

(1) Below 18,000 fee t MS L , to

--

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

within 100 nautical miles of the aircraft;

(ii) I f there is n o station within the area prescribed in paragraph (a)(1)(i) of

this section, the current reported altimeter setting o f a n appropriate available

station; or

(iii) I n the case of an aircraft not equipped with a radio, the elevation of the

departu re airport or a n appropriate altimeter setting available before

departure.8 4. Aspiring Drone Seeks Exemption From The Requirements O f Section

91.151(b).

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

( b), states the following:

( b

) No person may begi n 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 o f intended landing and, assuming norma l cruising speed, to fl y after that

for at least 20 minutes.

5. Aspiring Drone Seek s Exemption From The Requirement O f Se c tion

91.405(a).

Section 91.405, entitled Maintenance required

, subsection (a)

, states th e 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 inspect ions, except as provided in paragraph (c) of thi s section,

have discrepancies repaired as prescribed in part 43 of this chapter[.]

6. Aspiring Drone Seeks Exemption Fro m The Requirements O f Section

91.407(a)(1)

Section 91.407, entitled Operation afte r maintenance, preventive maintenance,

rebuilding, or alteration

, subsection (a)(1), states the following:

(a ) No person ma y operate a n y aircraft that has undergone maintenance, preventive

maintenance, rebuilding, or alteration unles s

--

(1) I t has b e en approved for return to service b y a person authorized unde r § 43.7

of this chapter[.]

7. Aspiring Drone Seeks Exemption From The Requirements O f Sections

91.409(a)(1) And 91.409(a)(2).

Section 91.409, entitled Inspections , subsection (a), stat e s the following:

(a ) Except as provided in paragraph (c ) of this section, no person ma y 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 ha s been

approved for return to service by a person authorized by § 43.7 of this chapter; or

(2) An inspection for the issuance o f an airworthiness certificate in accordance

with part 21 of this chapter.9 8. Aspiring Drone Seeks Exemption From The Requiremen t s O f Sections

91.417(a) And 91.417(b).

Section 91.417, entitled Maintenance record s

, 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, a nd alteration and

records of th e 100

- hour, annual, progressive, and other required or approved

inspections, as appropriate, for eac h aircraft (including the airframe) and each

engine, propeller, rotor, and appliance of an aircraft. The records must includ e

--

(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 certifica te number of the person approving the aircraft

for return to service.

(2) Records containing the following information:

(i) The total time in service of the airframe, eac h engine

, each propeller, and

each rotor.

(ii) The current status of lif e

- limited parts of each airframe, engine, propeller,

rotor, and applian c e.

(iii) The time since last overhaul of all items installed on the aircraft which

are required to be overhauled on a specified time basis.

(iv) The current inspection status of the aircraft, including the time since the

last inspection required b y t h e inspection program under which th e aircraft

and its appliances are maintained.

(v) The current status o f applicable airworthiness directives (AD) and safety

directives including, fo r each, the method o f compliance, the A D or safety

directive number and re vision date. I f the A D or safe t y directive involves

recurring action, the time and date when the next action is required.

(vi) Copies of the forms prescribed b y § 4 3.9(d ) of this chapter for each

major alteration to th e airframe and current l y installed engines, rotors,

propellers, and appliances.10 (b) The owner o r operator shall retain the following records for the periods

prescribed:

(1) The records specified in paragraph (a)(1) o f thi s section shall be retained until

the work is repeated o r superseded b y other wor k or for 1 y e a r after the work is

performed.

(2) The records specified in paragraph (a)(2) o f thi s 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 ar e repaired and the aircraft is

approved for return to service.

C. The Extent Of Relief Aspiring Drone Seeks And T he Reason Aspiring Drone Seeks The

Relief.

1. Extent O f Relief Aspiring Drone Seek s And The Reason Aspiring Drone Seeks Relief

From Section 61.113(a) And (b).

Relief from Section 61.113(a) and (b) entitled Private pilot privileges a n d limitations: Pilot in

command

, is requested to the extent necessary to allow a P I C holding a private pilot or higher

level certificate, a s well as a current and valid airman medical certificate, and who ha s met

certain flight

- hour and currency requiremen ts

, t o conduc t th e propose d UA S fligh t operation s 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 ma y

, for compensation or hire, act as P I C o f an aircraft i n conne c tion with a n y

business or emplo y ment if: (1) The flight is on l y incidental to that business or emplo y ment; and

(2) The aircraft does not carry passengers or property for compensation or hire.

As set forth more ful l y below, Aspiring Drone submits t hat an equivalent level of safe t y will be

maintained becaus e no P I C will b e allowed to operate the DJ I P hantom 3 UAS unless that P I C

ha s me t certain flight

- hour and currency r equirements, demonstrating tha t the P I C is able to

safe l y operate either the D J I P hantom 3 UAS in a manner consistent with the operations

specifications as described in this exemption, including evasive and emergency maneuvers, as

well as maintaining appropriate distances from people, vessels, vehicles and structures.

Further, Aspiring Drone submit s that all flights o f th e D J I Phantom 3 UAS , conducted b y the

P I C pursuant to the grant of this Petition: (1) will be incidental to Aspiring Drone ’s business;

and (2) will not carry p assengers o r proper t y for compensation or hire.11 2. Extent O f Relief Aspiring Drone Seek s And The Reason Aspiring Drone Seeks Relief

From Section 91.7(a).

Relief from Section 91.7(a ) entitled Civil aircraft airworthiness

, i s requested to the e x tent

required to allow Aspiring Drone to determine that the D J I Phantom 3 UAS are in airwort h y

condition prior to ever y f light b y e nsuring that the UAS is in compliance with the operating

documents (i.e., Aspiring Drone ’s Aerial Operations Manual, Monthly Maintenance L o g, and

DJI Phantom 3 Instruction Manual).

Aspiring Drone seeks the requested relief because the D J I Phanto m 3 UA S do not require an

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

Drone will ensure tha t the DJ I P hantom 3 UA S ar e in airwort h y condition based upon it s

compliance with the operating documents (i.e., Monthl y Maintenance L o g

, and D J I Phantom 3)

prior to ever y flight, and further, determine tha t the aircraft are in condition for safe flight, as

stated in the conditions and limitations below.

3. Extent Of Relief Aspiring Drone Seeks And The Reason Aspiring Drone Seeks Relief

From Section 91.121.

Relief from Section 91.121, entitled Altimeter settings, ma y be required to allow flight

operations o f the D J I Phantom 3 UAS, which utilize a barometric pressure sensor, GPS

equipment, and a radio communications telemetry data link to downlink altitude information

from the U A to the P I C at the groun d control s tatio n (GCS). Since the FA A requires that a n y

altitude information concerning UAS operations be reported t o air traffic control (ATC) in feet

above groun d level (AGL), Aspiring Drone seeks the requested relief because the DJI Phantom 3

UA’s altimet e r ma y b e set on the groun d to zer o feet AGL, rather than the local barometric

pressure or field altitude, before each flight.

Considering the limited altitude of the proposed operations, relief from 14 CFR 91.121 is sought

t o th e exten t necessar y t o comp l y wit h th e applicabl e condition s an d limitation s state d below

. As

more full y set forth herein, an equivalent level of safe t y will be maintained since the D J I

Phantom 3 UA S ar e equipped with a barometric pressure sensor and GP S equipment, which

automatical l y ensures tha t a ground level pressure setting will be established prior to each flight,

and provides the PIC with altitude information of the UA on the head s

- u p displa y of the GCS.

4. Extent Of Relief Aspiring Drone Seeks And The Reason Aspiring Drone 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 t o allow flights of the batter y powered DJI Phantom 3 UAS

during da y light hours i n visual meteorological conditions (VMC), under visual flight rules

(VFR), for a total duration of 23 minutes. Aspiring Drone seeks the requested relief because

without an exemption from Section 91.151(b), the flight time duration of the12 batter y p ow e red D J I Phantom 3 UA S will severel y constrain the practicality o f a n y aerial video

or still photo flight operations that Aspiring Drone proposes to conduct pursuant to this Petition.

Significant l y

, as set fort h below, the technical specifications of the D J I Phantom 3 UA S

, the D J I

Phantom 3 operating documents, and Aspiring Drone ’ s proposed operating limitations, ensure

that Aspiring Drone will safely operate the batter y powered DJI Phantom 3 UA S during

da y light hours in visual meteorological conditions (VMC), under visual flight rules (VFR), with

enough battery power to f l y for a total duration of 23 minutes.

5. Extent Of Relief Aspiring Drone Seeks And The Reason Aspiring Drone Seek s Relief

Fro m 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) on l y apply to

aircraft with an airworthiness certificate, Aspiring Drone requests relief from these Sections

because the D J I Phantom 3 UA S do not require airworthiness certificates. As set forth more

ful l y below, th e D J I Phantom 3 UA S meet the conditions of FMRA Section 333 for operation

without an airworthiness certificat e

. According l y

, Aspiring Drone will use trained technicians to

perform maintenance, alterations, or preventive maintenance on the UA S using the methods,

techniques, and practices prescribed in the UA S operating documents (i.e., Aspiring Drone Aerial

Operations Manual, Monthl y M aintenance L o g, and DJ I P hantom 3 I n struction Manual).

Furthermore, Aspiring Drone will document and maintain all maintenance records for the D J I

Phantom 3 UAS

.

D. The Reasons Why Granting Aspiring Drone Request Would Be I n The

Public Interest; That Is, How It Would Benefit The Public As A Whole.

Granting th e present Petition will further the public interest b y a llowing Aspiring Drone to

safel y

, efficientl y

, and economicall y p erform aerial video and photograp h y of construction sites,

real estate, events and civic landscape over certain areas of the United States.

Additionall y

, us e o f th e D J I Phantom 3 UA S will decrease congestion of th e NAS, reduce

pollution, and provide sign i ficant benefits to the econo m y . Notab l y

, th e benefits o f Aspiring

Drone’s proposed operation of th e DJ I P hantom 3 UA S wil l be realized without implicating a n y

privacy issues.

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

The D J I P hantom 3 UA S ar e batter y powered and serve as a safe, efficient, and economical

alternative to th e manned aircraft traditionally u tilize d to obtain aerial imager y

. B y r educing the13 amount of manned aircraft needed to perform aerial acquisitions, an exemption allowing th e use

of a D J I Phantom 3 UA S would reduc e th e amount of manned aircraft in th e NAS, reduce noise

and air pollution, as well as increase the safe t y of life and proper t y in the air and on the ground.

Furthermore, b y r educing the number of manne d aircraft operating in the NAS, congestion

around airports caused b y a rriving and departing aircraft will be reduced. The D J I Phantom 3

UA S do not require an airport to takeoff or land. L ikewise, a reduction of manned aircraft

conducting aerial video and photograp h y missions would result in fewer aircraft that must be

handle d b y a ir traffic control during the ground, takeoff, departure, arrival, and landing phases of

flight operations.

2. The Public Will Benefit From The Safety And Efficiency Of The DJI Phantom 3 UAS.

Conducting aerial acquisitions with the D J I Phantom 3 UAS, instead of manned aircraft, will

great l y benefit the public b y drastically r educing the levels of air and nois e pollution generated

during traditional aerial video and still photograph y flight operations. B y using batter y p ower

and electric motors, the DJ I P hantom 3 UA S produce no air pollution, and is the most viable

environmentally c onscious alternative to the cabin class, si x c y linder int erna l combustion engine

aircraft that ar e t y pically utilized for aerial video and photograp h y

, while burning approximately

20

- 30 gallons pe r hour of leaded aviation fuel. The D J I Phantom 3 UA S

, while reducin g the

carbon footprint o f aerial acquisitions, a lso eliminates noise pollution, a s th e UA S are propelled

b y batter y powered electric motors, rather than an internal combustion engine.

B y using the D J I Phantom 3 UA S to perform aerial acquisitions, the substantial risk to life and

proper t y in the air and on the ground, which is usually associated with traditional manned aircraft

flight operations, will b e substantially r educed o r complete l y eliminated. Aside from the lack of

flight crew members located onboard the aircraft, the D J I Phantom 3 UA S (weighing

approximately 2.8 pounds at their maximu m gross weight with diagonal dimension of 23.2

inches, and with no fuel on board), ha s less physical potential for collateral damage to life and

proper t y on the ground, and in the air, compared to the manned aircraft tha t t y picall y c onduct

similar operations (weighing approximately 6 ,00 0 pounds with a wingspan of approximately 42

feet, a length of 34 feet, and a fuel capaci t y of 180 gallons).

3. Performing Aerial Video and Photography Operations With The DJI Phantom 3 UAS

Will Benefit The Economy.

I n a ddition to being saf e and efficient, th e DJ I P hantom 3 UA S are also an economical

alternative to using manned aircraft to conduct similar aerial operations. As such, operation of

the DJ I P hantom 3 UA S will allo w United States based companies, like Aspiring Drone

, t o

remai n competitiv e an d contribut e t o growt h o f th e U.S

. econom y . Specifical l y, with the rising

cost of aviation fuel and the Environmental Protection Agenc y (“EPA”) regulatory actions

phasing out lead e d aviation fuels, U.S. owned and operated companies must adopt new and

altern ative technology in order to remain competitive. Operating th e batter y powered D J I

Phantom 3 UA S is on e such technology t ha t not onl y a llows companies greater operational14 flexibil it y c ompared to manned aircraft, bu t provides such flexibilit y without the high

operational cost of a traditional manned aircraft.

B y operating the D J I Phantom 3 UAS, companies such as Aspiring Drone

, can remain

competitive and profitable, and the r efore, provide greate r job stabilit y to emplo y ees and

contractors, which will ultimatel y c ontribute to growth of the U.S. economy. Improved financial

performance of U.S. companies, through commercial use of th e D J I Phantom 3 UAS, provides a

stable workfor c e that increases consumer spending; improves local, state, and federal tax

revenues; and allows companies to invest in research and development in order to remain

competitive both in the United States and abroad.

4. There Are No Privacy Issues.

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

Aspiring Drone’ s proposed operation o f th e D J I Phantom 3 UA S will not implicate an y

p rivac y issues. Specificall y

, the DJ I P hantom 3 UA S will be operated onl y in compliance with

operating documents (i.e., th e Aspiring Drone Aerial Operations Manual, Monthl y Maintenance

L o g

, and D J I Phantom 3 I nstruction Manual) which requires proper t y owner involvement as

well as local law enforcement notification, and in accordance with the Federal Aviation

Regulations, including th e minimum altitude requirements o f 14

C.F.R. § 91.119.

E. The Reasons Why Granting The Exemption Would Not Adversely Affect Safety, Or

Ho w The Exemption Would Provide A Level Of Safety A t Least Equal To That Provided

By The Rule From Which Aspiring Drone Seeks Exemption.

1. Reasons Why Th e DJI Phanto m 3 U AS Mee t The Conditions Of Th e FAA

Modernization and Reform Act of 2012 (FMRA) Section 333.

I n consideration of th e size, weight, speed, and limited operating area associated with the

unmanned aircraft and its operation, Aspiring Drone ’s operation o f the D J I Phantom 3 UAS

meet the conditions of FMRA Section 333, and will not require an airworthiness certificate in

ac cordance with 14 C.F.R. Part 21, Subpart H.

Section 333 provides authorit y f or 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

, o r o therwise pos e a threa t t o nationa l securit y . Specifical l y

, FMRA Sectio n 33 3 state s the

following, in part:

( a

) In General.

-- Notwithstanding any other requirement of this subtitle, an d not later

than 180 days afte r the date of enactment of this Act, the Secretary of Transportation

shall determine i f 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 s ection 334 of this Act.15 ( b

) Assessment of Unmanned Aircraft Systems.

- - In making the determination under

subsection (a), the Secretary shall determine, at a minimu m

--

( 1

) which types of unmanned aircraft systems, i f 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 o r 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 Sta tes

Code, is required for th e operation of unmanned aircraft systems identified

under paragraph (1).

(c

) Requirements for Safe Operation.

- - If the Secretary determines under thi s section

that certain unmanned aircraft systems may operate safely in th e natio na l airspace

system, the Secretary shall establish requirements for the safe operation of such

aircraft systems in the national airspace system.

I n seeking this exemption, Aspiring Drone submits that the D J I Phantom 3 UAS ca n operate

safel y in th e NAS pursuant to FMRA Section 333, as demonstrated b y : (a) the characteristics o f

th e DJI Phantom 3 UA S ; (b) th e pilot certification requirement; and (c) the specific operating

limitations.

a. The Specifications Of The DJI Phantom 3 UAS Demonstrate Its Safe Characteristics.

The D J I Phantom 3 UAS do e s not create a hazard to users of the NAS or the public, or otherwise

pose a threat to national securi t y considering its size, weight, speed, and operational capability.

i. Technical Specifications Of The DJI Phantom 3 UA S

.

The technical specifications of the DJ I P hantom 3 UA S ar e set forth b y the D J I Phantom 3 Us e r

Manual, attached hereto as Appendix A

.

ii. The DJI Phantom 3 UAS Global Positioning Modes Enable The UAS To Remain

Within A Defined Operational Area.

The D J I Phantom 3 UAS ma y be operated in both manual and global positioning flight modes. A

complete description of the flight and navigational modes of the D J I Phantom 3 UAS is provided

at pages 11 of the D J I Phantom 3 User Manual attached hereto as Appendix A.

iii. The DJI Phantom 3 UAS Are Designed For Automatic Return To Home Point

Or Hover In The Event Of Loss Of The Control Link Or Navigation.

When the Control L ink is lost, the DJ I P hantom 3 UA S will remain stationar y

, in flight, for 3

seconds or more. If, after 3 seconds, the D J I Phanto m 3 UA S do e s not reacquire control link data

from the GCS, the UA S will assume that the Control L ink is lost and the will return to the home

position (i.e., failsafe mode) via GPS, and will descend to the tak e off position and shutdown.16 A complete description of the Failsa f e Functions of the D J I Phantom 3 UAS are se t forth at

pages 12 through 14 of the D J I Phantom 3 User Manual, attached hereto as Appendix A

.

iv. The DJI Phantom 3 GCS And Its Operation.

A complete description of the operation and specifications of the DJ I P hantom 3 GCS and flight

control software i s provided at page s 23 through 29 o f the D J I Phantom 3 User Manual. D J I

Phantom 3 User Manual i s attached hereto as Appendix A.

b. Flight O p erations Of DJI Phantom 3 UAS Is Limited To The Line Of Sight Of A

Certificated Pilot in Command With A Safety Observer.

Aspiring Drone’s Owner, Tyler Weber, will be the on l y perso n to act as a pilot in command

(P I C) o f the DJ I P hantom 3 UA S

. Add itionall y

, a safet y observer will assist him at all times

during flight time.

c. Flights Of DJI Phantom 3 UAS Will Be Conducted Pursuant To Specific Operating

Limitations.

In seeking this exemption, Aspiring Drone proposes to commercial l y operat e D J I Phantom 3

UAS for the special purpose of conducting aerial video and photograp h y over certain areas of

United States, pursuant to the following specific operating limitation s

.

1. Operations authorized b y this grant o f exemption will be limited to th e f ollowing

aircraft described in the operating documents, rotorcraft UA S weighing les s than 55

pounds maximum gros s weight: D J I Phantom 3 Unmanned Aircraft S y stems.

Proposed operations o f an y other aircraft will require a new petition o r a petition to

amend this grant.

2. UAS operations unde r this exemption will be limite d to conducting operations for

the purpose of aerial video and photograp h y.

3. The U A S ma y not be flown at an indicated airspeed exceeding 20 knots.

4. The UA must be operated at an altitude of no more than 400 feet above ground level

(AGL), as indicated b y t he procedures specified in the operating documents unless a

special request is made and approved b y A TC. All altitudes reported to ATC must be

in feet AGL.

5. The UA S must be operated within visual line of sight ( V LOS ) of th e P I C at all

times. This requires the P I C to be able to use huma n vision unaided b y a n y d evice

other than corrective lenses, as specified on the P I C’s FAA

- issued airman medical

certificate.

6. The use of first perso n view ( FPV) b y the P I C or safe t y observer (SO) is not

permitted.17 7. All operations must utilize a safety observer (SO). The SO ma y b e used to satisfy

the VLOS requirement a s long as th e P I C a lwa y s maintain s VLOS capabilit y

. T h e SO

and P I C must b e able to communi cat e verbal l y a t all times. Electronic messaging or

texting is not permitted during flight operations. The P I C must be designated before

the flight and cannot transfer his o r her designation for th e duration o f th e flight. The

P I C must ensure that th e SO c an perform the functions prescribed in the operating

documents.

8

. Th e S O mus t no t perfor m an y othe r dutie s beyon d assistin g th e P I C wit h seein g and

avoiding other air traffic and other ground base d obstacles/obstructions and is not

permitted to operate the camera or other instruments.

9. The operating documents and the grant of exemption must be accessible during

UAS operations and made available to th e Administrator upon request. I f a

discrepancy e xist s between the conditions and limitations contained in th e grant of

exemption and the procedures outlined i n the operating documents, the conditions and

limitations contained in th e grant of exemption take precedence and mus t b e followed.

Otherwise, th e operator must follow the procedures as outlined in it s operating

documents. The operator ma y update or revise its operating 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 presen t updated

and revised documents if i t petitions for e x tension or amendment to th e grant of

exemption. I f the operator determines that a n y update or revision would affect the

basis upon which the FAA granted the exemption, then the operator must petition for

amendment to its grant of exemption. The FAA’s UAS Integration Office (AF S

- 80)

ma y be contacted if questions arise regarding updates or revisions to th e operating

documents.

10. Prior to each flight the PIC must inspect the UAS to ensure that it is in a condition

for safe flight. I f the inspection reveals a condition that affects th e safe operation of

the UAS, the aircraft is prohibited from operating until the necessary maintenance has

been performed and the UAS i s foun d t o b e i n a conditio n fo r saf e flight

. The Ground

Control Station must b e included in the preflight inspection. All maintenance and

alterations must be properly documented in the aircraft records.

11. An y UAS that has undergone maintenance or alterations that affect the UAS

operation or flight ch a racteristics, e.g. replacement of a flight critical component,

must underg o a functional test flight. The P I C wh o conducts the functional test flight

must make an entry in the aircraft records.

12. The pr e

- flight inspection must account for a ll potential discrepancies, e.g.

inoperable components, items, or equipment, no t alrea d y covered in the relevant

sections of the operating documents.

13. The operator mus t follow the UAS manufacturer’s aircraft/component,

maintenance, overhaul, replacement, inspection, and life limit requirements.18 14. The operator must car r y out its maintenance, inspections, and record keeping

requirements, in accordance with the operating documents. Maintenance, inspection,

alterations, and status of r eplacement/overhaul component p a rts must be note d in the

aircraft records, including total time i n service, description o f work accomplished,

and the signature of the authorized person returning the UAS to service.

15. Eac h UA S operated under this exemption must compl y with all manufact urer

Safety Bulletins.

16. The authorized person must make an entr y in the aircraft record o f the corrective

action taken against discrepancies discovered between inspections.

17

. Th e P I C must possess at least a private pilot certificate and at least a c urrent third

class medical certificate.

18. The operator ma y not permit a n y P I C to operate unless the PI C meets the

operator’s qualification criteria and demonstrates the abilit y to safe l y operate the

UA S i n a manne r consisten t wit h ho w th e UA S wil l b e operated under the exemption,

including evasive and emergency maneuvers and maintaining appropriate distances

from persons, vessels, vehicles and structures. PI C qualification flight hours must be

logged in a manner consistent with 1 4 C.F.R. § 61.51(b). Flights for the purposes of

training the operator’s P I Cs are permitted under th e terms o f th e exemption.

However, training operations ma y on l y b e conducted during dedicated training

sessions. During training, proficienc y

, an d experienc e

- building flights, all persons not

essential for flight operations ar e considered nonparticipants, and th e P I C must

operate the U A with appropriate distance from nonparticipants in accordance with 14

C.F.R. § 91.119.

19. UAS operations may not be conducted during night, as def ine d i n 1 4 C.F.R

. § 1.1.

All operations must be conducte d under visual meteorological conditions (VMC). If

flight at night is required, a special request will be made at the FA A office closest to

proposed area of operations. Flights under special visual fli gh t rules (SVFR) ar e not

authorized.

20. The U A ma y not operate within 5 nautical miles of a n 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 b y t he operator’s COA

. The letter of

agreement with the airport management must be made available to the Administrator

upon request.

21. The U A ma y not b e operated less than 500 fee t below o r less than 2,000 feet

horizontally from a cloud or when visibility is less than 3 statute miles from the P I C.

22. I f th e U A loses communications or loses its GPS signal, i t must return to a pr e

determined location withi n the planned operating area and land o r b e recovered in

accordance with the operating documents.19 23. The PIC must abort the flight in the event of unpredicted obstacles or emergencies

in accordance with the operating documents.

24. The P I C is prohibited from beginning a flight unless (co nsidering wind and

forecast weather conditions) there is enoug h power to fl y a t 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 Authorizatio n (COA ) prio r t o conductin g an y operation s unde r th e gran t of

exemption. This COA will also require the operator to request a Notice to Airman

(NOTAM) not more than 72 hours in advance, bu t 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 m ust 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 th e U A must compl y with th e 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 b e available

to the P I C at th e Groun d Control Station of the UA S a n y time th e UAS is operating.

These documents must be made available t o the Administrator or an y law

enforcement official upon request.

29. The U A must remain clear and y i el d the right o f wa y 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 a t least 500 fee t from all nonparticipating

persons (persons other than the P I C, SO, operator trainees or essential persons),

vessels, vehicles, and structures unless:

a. Barriers or structures ar e present that sufficiently protect nonparticipating

persons from the U A 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;

b. The aircraft is operated nea r vessels, vehicles or structures where the

owner/controller o f such vessels, vehicles o r structures ha s granted permission

and the P I C has made a safety a ssessment of the risk of operating closer to

those objects and determined that it does not present an undue hazard, and;20 c. Operations nearer to the P I C, SO, operator trainees or essential person s 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 w ith

permission from the land owner/controller or authorized representative. Permission

from land owner/controller or authorized representative will be obtained for each

flight to be conducted.

33. An y incident, accident, or flight operation tha t transgresses the lateral or vertical

boundaries of the operational area as defined by th e applicabl e CO A mus t b e reported

to the FAA's UAS Integration Office (AF S

- 80 ) within 24 hours. Accidents must be

reported to the National Transportation Safet y B oard (NTSB) per instructions

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

2. Reasons Why An Exemption Fro m The Requirements O f Section 61.113(a) And (b)

Would Not Adversely Affect Safety.

Aspiring Drone submits that the equivalent level of safe t y established b y Section

61.113(a) and (b) wil l b e maintaine d becaus e n o PI C wil l b e allowe d t o operat e th e D J I Phantom

3 UA S unless that P I C has demonstrated, b y meeting minimum flight

- hour and currency

req uirements, that th e PIC is able to safe l y operate th e D J I Phantom 3 UAS in a manner

consistent with the exemption, including evasive and emergency maneuvers and maintaining

appropriate distances from people, vessels, vehicles and structures.

Considering Aspiring Drone’s proposed area of operations, and the 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 safe l y operate th e D J I Phantom 3 UAS

, Aspiring Drone submits that the additional manned

airmanship experience of a commercially certificated pilot would no t correlate to th e

airmanship skills necessary f or Aspiring Drone’s specific proposed flight operations.

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

circumstances similar, in all material respects, t o those presented herein (e.g. Exemption Nos.

11062

, 11063

, 11064

, 11065

, 1 1066

, 11067

, 11080

, 11109

, 11110

, 11112

, 11136

, 11138

, 11150,

11153, 11156, 11158, 11159, 11160, 11161).

Aspiring Drone will not allow an y P I C to operate th e D J I Phantom 3 UAS unless that P I C has

demonstrated, b y meeting minimum flight

- hour requir e ment s or the D J I Phantom 3

UAS training and currency requirements, that the P I C is able to safely operate the D J I Phantom 3

UAS in a manner consistent with this e x emption, including evasive and emergency maneuvers

and maintaining appropriate distances from people, vessels, vehicles and structures.

Specifical l y, 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 those21 hours as a UAS pilot operating the same make and model of UAS to be used for operations under

the exemption). I n a ddition to the hour requirements, the P I C must accomplish 3 takeoffs and

landings in the preceding 90 da y s (for currency purposes).

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

obtained in compliance with applicable regulations will ensure an equivalent level of safe t y

during Aspiring Drone’s proposed operations. The Administrator has held that prior documented

f l i g ht experience tha t was obtained in compliance with applicable regulations would ensure safe

operations, stating as follows:

I n Exemption No. 11062, the FA A required tha t prior to conducting operations for the

purpose of motion picture filming (or similar operations), the P I C must have accumulated

and logged, i n a manner consistent with 14 CF R 61.51(b), 2 5 hours o f tota l time a s a

UAS rotorcraft pilot including a t least 10 hours logged as a UAS pilot wit h a multi

- rotor

UAS. Prior to operations under Exemption No. 11062, the P I C mus t also have

accumulated and logged a minimum of 5 hours a s a UA S pilot operating the same make

and model o f UAS t o b e used for operations under th e exemption. For clarification, the

FAA considers these minimum hour requirements to be inclusive rather than additive; i.e.

5 hour s mak e an d mode l tim e ma y b e include d i n th e 1 0 hour s o f mult i

- rotor time and t he

10 hours ma y b e included in the total 25 hours of UAS rotorcraft time. I n addition to the

hour requirements, the P I C must accomplish 3 takeoffs and landings in th e preceding 90

da y s (for currenc y purposes). The FAA finds that at a minimum, the flight

- ho ur

requirements in Exemption No. 11062 are appropriate to practice and build proficiency in

the skills necessary to safely c onduct the petitioner’s proposed operations. The FA A also

finds that prior documented flight experience tha t was obtained in compli anc e with

applicable regulations would satisf y this requirement. Training, proficie nc y

, and

experienc e

- building flights ca n also be conducted under the grant of exemption to

accomplish the required flight time. During training, proficienc y , and experienc e

- building

flights the P I C is required to operate the U A with appropriate distances in accordance

with 14 C.F.R 91.119.

Exemption No. 11138 at page 15.

According l y

, Aspiring Drone wil l ensur e saf e operation s b y no t allowin g a n y P I C to operate the

D J I Phantom 3 UAS unless that P I C ha s demonstrated, b y meeting minimum flight

- hour and

currency requirements, that th e PIC is able to safel y operate the D J I Phantom 3

UAS in a manner consistent with the exemption, including evasive and emergency m aneuvers

and maintaining appropriate distances from people, vessels, vehicles and structures.

3. Reasons Why A n Exemption Fro m The Requirements O f Section 91.7(a) Would Not

Adversely Affect Safety.22 The equivalent level o f safe t y established b y S e ctio n 91.7(a) will b e maintained because prior to

ever y f light, Aspiring Drone wil l ensure that the D J I Phantom 3 UAS is in an airwort h y

condition based upon the UAS’s compli anc e with its operating documents and as stated in

the conditions and limitations herein.

Additionall y

, the FA A ha s previous l y granted relief from Section 91.7(a) specific to UAS, in

circumstances similar, in all material respects, t o those presented herein (e.g. Exemption Nos.

11062

, 11063

, 11064

, 11065

, 11066

, 11067

, 11080

, 11109

, 11110

, 11112

, 11136

, 11138

, 11150,

11153, 11156, 11157, 11158, 11159, 11160, 11161).

4. Reasons Why An Exemption From The Requirements O f Section 91.121 Would Not

Adversely A f fect Safety.

The equivalent level of safe t y established b y S ection 91.121 will be maintained because the

altitude information of th e D J I Phantom 3 UA S will be provided to th e PIC vi a GPS equipment

and a radio communications telemetry d ata link

, which downlinks from th e U A to th e GCS for

active monitoring of th e flight path and altitude. This altitude information, combined with

Aspiring Drone ’s operation of the D J I Phantom 3 UA S within visual line of sight, at or below

5 00 fee t AGL, will ensure a lev e l o f safet y e quivalent to Section 91.121. The altitude

information will be generated b y G P S equipment installed onboard th e aircraft. Prior to each

flight, a zero altitude initiation point is automatically established b y th e UA S at ground level.

The FA A 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 Fro m The Requirements O f Section 91.151(b) Would Not

Adversely Affect Safety.

A grant of this exemption would ensure an equivalent level of safe t y established b y 14 C.F.R.

Section 91.151(b) as a result of (1) the technical specifications of the DJI Phantom 3 UA S ; (2)

the limitations on the proposed flight operations; and (3) the location of the proposed flight

operations. Accordingl y

, Aspiring Drone wil l ensur e tha t i t wil l saf e l y operat e the batter y

powered D J I Phantom 3 UA S during da y li g ht hours in VFR conditions, with enough batter y

power to fly for a total duration of 23 minutes.

Here

, as in Exemption No. 11109, the technical specifications of the DJ I Phantom 3 UA S ; the

lim itations o n the proposed flight operations; and the location of the proposed operations, will

ensure an equivalent leve l of safe t y established b y 14 C.F.R. Section 91.151(b). Furthermore,

safe t y will be ensured as the DJ I Phanto m 3 UA S provide audible and visual warnings to th e P I C

at the GCS when the UA S experiences low batter y voltage, the first warning occurring at

approximately 3 3 % remaining batter y power, and again at approximately 10 % remaining battery23 power. At the critically low batter y level, the D J I Phantom 3 UAS wil l descend and land

automaticall y

.

Significant l y

, previous exemptions grante d b y t h e FAA concerning Section 91.151 establish that

safe t y is not adverse l y affected when the technical characteristics and operating limitations of the

UAS ar e considered. Relief has been granted for manned airc r aft to operate at less than the

minimums prescribed in Section 91.151, including Exemption Nos. 2689, 5745, and 10650.

Moreover, the FAA ha s previously granted relief from Section 91.151 specific to UAS, in

circumstances similar, in all material respects, t o those presented herein (e.g. Exemption Nos.

8811, 10808, 10673, 11042, 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110,

11136, 11138, 11150, 11153, 11156, 11157, 11158, 11159, 11160, 11161).

6. Reasons Why An Exemption From The Requirem e nts O f Sections

91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), And 91.417(a) & (b) Would Not Adversely

Affect Safety.

I n seeking this exemption, Aspiring Drone submits that th e equivalent level of safe t y with regar d

to the regulatory maintenance a nd alteration requirements established by Sections 91.405(a),

91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a ) & (b ) wil l b e me t because Aspiring Drone

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

the UA S using th e methods, techniques, and practices prescribed in the operating documents

(i.e., the Aspiring Drone Aerial Operations Manual, Monthl y Maintenance Log

, and D J I

Phantom 3 Instruction Manual). Furthermore, Aspiring Drone will docume nt and maintain all

maintenance records for the DJ I P hantom 3 UAS.

Since the D J I Phantom 3 UA S will be inspected as prescribed b y the operating documents,

Aspiring Drone will maintain the equivalent level of safe t y established b y S ections

91.405(a )

, 91.409(a)(1), and 91.409(a)(2). A cop y of th e D J I Phantom 3 User Manuals are

attached hereto as Appendix A and B ; a co p y o f the D J I Phantom 3 UA S Maintenance LOG is

attached hereto as Appendix C.

Likewise, th e exemption sought will not adversel y a ffect safe t y because Aspiring Drone will use

trained technicians to perform maintenance, alterations or preventive maintenance on the UAS

using the methods, techniques, and practices prescribed b y t he operating documents.

Furthermore, the exemption sought would maintain an equivalent level of safe t y established by

Sections 91.407, 91.417(a ) and 91.417(b), because all maintenance of the DJ I P hantom 3 UAS

will be performed b y trained technicians. Maintenance will be document e d and maintained

utilizing the monthly maintenance log.

Significant l y

, previous exemptions grante d 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 safe t y is not adverse l y

affected when the technical characteristics and operating limitations of the UAS are considered.24 In consideration of Aspiring Drone’s proposed operating limitations, the operating documents,

and th e technical aspects of th e D J I Phantom 3 UA S

, Aspiring Drone submits that safety wil l no t

b e adversel y a ffecte d b y g ranting 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 FA A ha s previous l y

granted relief specific t o UAS in circumstances similar, in all material respects, to those

presented herein (e.g. Exemptio n Nos. 11062, 11063, 11064, 11065, 11066, 11067, 11080,

11109, 11110, 11112, 11136, 11138, 11150, 11153, 11156, 11157, 11158, 11159, 11160,

11161).

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

I n accordance with Section 333 of the FA A Modernization and Reform Act of 2012 (FMRA)

and 14 C.F.R. § 21.16 entitled Special Conditions, Aspiring Drone requests that the FAA

prescribe special conditions for the intended operation of the DJI Phantom 3 UA S , which

contain such safety standards that the Administrator finds necessary to establish a level of safe t y

equivalent to that established b y 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). Suc h special conditions will permit safe operation o f th e UA S for the limited purpose of

conducting aerial video and photograp h y over certain areas of the United States for

compensation o r hire. FMRA Section 333 set s forth the requirements for considering whether a

UA S wil l creat e a hazar d t o user s o f th e NA S o r th e public

, o r otherwis e pos e a threa t t o national

securi t y ; a nd further, provides the authori t y f o r such UAS t o operate without airworthiness

certification in accordance with an y r equirements that must be established for the saf e operation

of the UAS in the NAS.

Likewise, the Administrator ma y prescribe special conditions pursuant to 14 C.F.R.

§ 21.16, for operation o f the D J I Phantom 3 UAS

, since the airworthiness regulations of 14

C.F.R. Part 21 d o no t contain adequate or appropriate safe t y standards, due to the novel or

unusual design features of the aircraft. Section 21.16, entitled Special C onditions, states the

following:

I f the FA A finds that th e airworthiness regulations of this subchapter do not contain

adequate or appropriate safe t y standards for a n aircraft, aircraft engine, or propeller

becaus e of a novel or unusual design feature of the aircraft, aircraft engine or propeller,

he prescribes special conditions and amendments thereto for th e product. The special

conditions ar e issued in accordance with Part 11 of this chapter and contain such safe t y

standards for th e aircraft, aircraft e n gin e or propeller as the FA A finds necessary to

establish a level of safe t y equivalent to that established in the regulations.

See 14 C.F.R. § 21.16.

Therefore, in accordance with FMRA Section 333 and 14 C.F.R. § 21.16, the FA A may

prescribe special condi tion s for Leadin g Edge’s intended operation of the DJ I P hantom 3 UA S

, which contain such safety standards that the Administrator finds necessary to establish a level of

safe t y equivalent t o that established b y 14 C.F.R

. Part 21, Subpart H, and 14 C.F.R Se c tions25 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 Ca n Be Published I n The Federal Register, stating: The

Rules From Which Aspiring Drone Seeks Exemption:

Aspiring Drone 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 Th e Nature O f Th e Exemption Aspiring Drone Seeks:

This exemption wil l permit Aspiring Drone 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, V i ews, Or Arguments Available To Support

Aspiring Drone’s Request.

This Petition is made pursuant to the FAA Modernization and Reform Act of 2012 (FMRA)

Section 333, which directs th e Secretary o f Transportation to determine if certain UAS

ma y operate safel y in th e NAS. As such, Aspiring Drone’s request for exemption ma y be

granted pursuant to the authority of FMRA Section 333 and 1 4 C.F.R. P art 11, as set forth

above.

FMRA Section 333 set s forth the requirements for considering whether a UAS will create a

hazard to users o f the NA S or the public, or otherwise pose a threat to national securi t y ; a nd

further, provides the authority for such U A S to operate without airworthiness certification.

As discussed in detail above, Aspiring Drone will operate the DJ I P hantom 3

UA S safe l y in th e NAS

, without creating a hazard to users of th e NAS

, or the public, or

otherwise pose a threat to nation a l securi t y.

CONCLUSION

As set forth herein, Aspiring Drone seeks an exemption pursuant to 14 C.F.R. §

11.61 and Section 333 of the FA A Modernization and Reform Act of 201 2 (FMRA), which will

permit saf e operation o f the DJ I P hantom 3 UA S commercial l y

, without an airworthiness

certificate, for the limited purpose of conducting aerial video and photography over certain areas

of the United States. B y granting this Petition, the FA A Administrator will be fulfilling the

Congressional mandate of the FAA Modernization and Reform Act of 2012, while also

advancing the interests of the public, b y a llowing Aspiring Drone to safe l y, efficient l y, and

economically operate the D J I Phantom 3 UAS commercially within the NAS.WHEREFOR E

, in accordance with th e Federal Aviation Regulations and the FAA

Modernization and Reform Act of 2012, Section 333, Aspiring Drone respectful l y

requests that th e Administrator gran t this Petition for a n 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 Leading Edge to operate the D J I

Phantom

3 UA S commercial l y for the purpose o f conducting aerial video and photograp h y over

certain areas of the United States.

Dated:

December

1 st , 2015

Respectfully

submitted,

Tyler Weber

Owner

Aspiring Drone

5882 Shenandoah Ave

Firestone, CO 80504

Appendices :

A

– L ink to D J I Phantom 3 Advanced Manual: Click on link below

http://download.dji

innovations.com/downloads/phantom_3/en/Phantom_3_Advanced_User_Manual_v1.0_en.pdf27