UNITED STATES OF AMERICA DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION WASHINGTON, DC Regulatory Docket No. FAA

### IN THE MATTER OF THE PETITION FOREXEMPTION OF: 

## CLOUD NINE TECHNOLOGIES, LLC FORAN EXEMPTION SEEKING RELIEFFROMTHE REQUIREMENTS OFTITLE 14 

### OF THE CODE OFfEDERAL REGULATIONS SECTIONS 61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), 

### AND 91.417(a) & (b) 

### CONCERNING COMMERCIAL OPERATION OF DJI PHANTOM 2 AND DJIPHANTOM 3 UNMANNED AIRCRAFT SYSTEMS PURSUANT TO SECTION 333 

### OF THE FAA MODERNIZATIONAND REFORM ACT OF 2012 

### (PUBLIC LAW 112-95)

Submitted on July 1,2015 Cloud Nine Technologies, LLC Debbie J. Branch P. O. Box 727 Cleveland, OK 74020 918-358-5025 deranch33@aol.com

1TABLE OF CONTENTS 

### Page

GLOSSARY OF ABBREVIATIONS 3

THE SPECIFIC SECTIONS OF 14 C.F.R. FROM WHICH CLOUD NINE
THE EXTENT OF RELIEF CLOUD NINE SEEKS AND THE REASON
THE REASONS WHY GRANTING CLOUD NINE'S REQUEST WOULD
THE REASONS WHY GRANTING THE EXEMPTION WOULD NOT SUMMARy 4 INTRODUCTION AND INTERSTS OF PETITIONER 4 BACKGROUND 5 BASIS FOR PETITION 5 NAME AND ADDRESS OF PETITIONER 8
SEEKS EXEMPTION 8
CLOUD NINE SEEKS THE RELIEF 11
BE IN THE PUBLIC INTEREST. 15
ADVERSELY AFFECT SAFETy 18 CONCLUSION 33 SUMMARY THAT CAN BE PUBLISHED IN THE FEDERAL REGISTER. 34 LIST OF EXHIBITS 35

2AGL AOI ATC ATO AV CFR 

### COA FAA FAR GCS GPS LOL NAS NOTAM PIC Section 333 SO SOP UA UAS VFR VLOS VMC VTOL GLOSSARY OF ABBREVIATIONS
Above Ground Level Area ofInterest Air Traffic Control Air Traffic Organization Aerial Vehic1e Code ofFederal Regulations Certificate ofAuthorization Federal Aviation Administration Federal Aviation Regulation Ground Control Station Global Positioning System Loss ofLink National Airspace System Notice to Airman Pilot 

### InCommand FAA Modernization and Reform Act of2012 (FMRA) Section 333 Safety Observer Standard Operating Procedures Unmanned Aircraft Unmanned Aircraft System Visual Flight Rules Visual Line ofSite Visual Meteorological Conditions Vertical Takeoffand Landing

3

### SUMMARY
Cloud Nine seeks exemption from the requirements of 14 CFR 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), to operate Unmanned Aircraft Systems (UAS) pursuant to Section 333 ofthe FAA Modernization and Reform Act of2012 (FMRA). This exemptionwill permit CloudNine to operate Unmanned Aircraft Systems for the commercial purpose ofconducting aerial surveys and mapping for use in agriculture and rural real estate, and also allow the company to conduct inspections of infrastructure such as oil and gas pipeline right of ways, flare stacks and electric transmission structures and wires.

INTRODUCTION AND INTERESTS OF THE PETITIONER 

### Cloud Nine Technologies, LLC (hereinafter referred to as "Cloud Nine" or "Operator") intends to provide its commercial clients with affordable high quality digital content relating to infrastructure inspection, aerial surveying and mapping, thermal imaging and aerial photography and video. Cloud Nine's targeted customer base and services are primarily rural based, aimed at meeting the needs of energy interests, rural real estate and agricultural concerns. Consequently most operations will be conducted in rural regions ofthe United States. In its operations, CloudNineintends to use the DJI Phantom2 and the DJI Phantom 3, each weighing less than 6 pounds with imaging payload (see details in Exhibits A & B), both ofwhich have been approved for use by the FAAin previous petitions for exemption from Section 333 requirements (see ExemptionNos. 11860, Regulatory DocketNo. FAA-2015-1127, 11867, Regulatory DocketNo. FAA-2015-1098, and 11862, Regulatory DocketNo. FAA-2015-0891, all issued June 23,2015). 4BACKGROUND Unmanned Aircraft Systems: DJI Phantom 2 and DJI Phantom 3 Cloud Nine seeks an exemption to operate DJI systems for compensation or hire within the NAS. The DJI Phantom 2 and DJI Phantom 3 (collectively referred to as the "DJI Phantom 2 and 3") are vertical takeoffand landing (VTOL) Unmanned Aircraft (UA) with a Ground Control Station (GCS) utilizing Futaba D8FGS Transmitter for the Phantom 2 and an electronic tablet or smart phone system for the Phantom 3. The DJI Phantom 2 and 3 each have a maximum gross weight ofless than three pounds (batteries included), while having a length of 16 inches width of 16 inches, height of8 inches, and a maximum speed ofapproximately 30 knots. The DJI Phantom 2 and 3 are equipped with four main rotors; driven by Lithium Polymer battery powered electric motors. The DJI Phantoms 2 and 3 thatwill be operated by Cloud Nine will be registered in accordance with 49 U.S.C. 44103, Registration of Aircraft, as well as 14C.F.R Part 47,AircraftRegistration, and marked in accordance with 14 C.F.R. Part 45, Identification andRegistrationMarking.
BASIS FOR PETITION Petitioner, CloudNine, pursuantto the provisions ofthe Federal Aviation Regulations (14 C.F.R. § 11.61) and the FAA Modernization and Reform Act of2012 (FMRA), Section 333, Special Rulesfor Certain UnmannedAircraftSystems, hereby petitions the Administratorto commercially operate the DJI Phantom 2 and 3 in the National Airspace System (NAS), and for an exemption from the requirements of 14 C.F.R §§ 61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b).
In consideration ofthe speed, weight, size, and limited operating area associated with the unmanned aircraft and its operation, Cloud Nine's operation ofthe DJI Phantoms 2 and 3

5meet the conditions ofFMRA Section 333 and therefore, do not require an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H. Accordingly, Cloud Ninerequests relieffrom Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b), as these sections set forth requirements for maintenance that only apply to aircraft with an airworthiness certificate. Cloud Nine submits thatthe requested reliefis proper since an equivalent level ofsafety will always be ensured through adherence to the practices set forth in the Cloud Nine Operations Manual (see Exhibit D). Cloud Nine will use licensed technicians or the manufacturer's service centers to perform maintenance, alterations, or preventive maintenance on the VASs using the methods, techniques, and practices prescribed in the operating documents attached hereto as Exhibits A, B, C and D (i.e., the DJI Phantom 2 and DJI Phantom 3 Instruction Manuals, the Monthly Maintenance Log and the Cloud Nine Operations Manual). Furthermore, Cloud Nine will document and maintain all maintenance records for the DJI Phantoms 2 and 3. Relieffrom certain requirements ofSection 61.113(a) and (b), entitled Privatepilotprivileges andlimitations: Pilot in command, is requested by Cloud Nine to the extent necessary to allow a Pilot in Command (PIC) holding at a minimum a sport or recreational pilot certificate, and a valid V. S. drivers license and who has demonstrated, by meeting minimum flight-hour and currency requirements, that the PIC is able to safely operate eitherthe DJI Phantom 2 and 3 in a manner consistent with this exemption, including evasive and emergency maneuvers and maintaining appropriate distances from people, vessels, vehicles and structures. Cloud Nine seeks relieffrom Section 91.7(a), entitled Civil aircraft airworthiness, because the DJI Phantom 2 and 3 do not require an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H. As such, Cloud Nine submits that it will ensure thatthe DJI Phantoms 2 and 3 are in an airworthy condition prior to every flight, by determining thatthe VAS's are in compliance with the
6operating documents (i.e., Monthly, and DJI Phantom 2 and 3 Instruction Manuals and the Cloud Nine Operations Manual), and that each aircraft is in condition for safe flight.
Cloud Nine also seeks an exemption from the requirements ofSection 91.121, entitled AltimeterSettings, as the DJI Phantoms 2 and 3 do not have typical barometric altimeters onboard. However, altitude information ofthe DJI Phantoms 2 and 3will be provided to the PIC via Global Positioning System (GPS) equipment and radio communications telemetry data link, which downlinks from the VA to the GCS for active monitoring ofthe flight path. This altitude information, combined with Cloud Nine's operation ofthe DJI Phantoms 2 and 3within visual line ofsight, at or below 400 feet AGL, will ensure a level ofsafety equivalent to Section 91.121 and our additional safety requirements as outlined in Exhibit D. Additionally, Cloud Nine seeks an exemption from the requirements ofSection 91.151(b), entitled Fuel requirements forflight in VFR conditions. Cloud Nine submits that safety will not be affected by operation ofthe DJI Phantoms 2 and 3 during daylight hours in visual meteorological conditions (VMC) undervisual flight rules (VFR), with enough batterypowerto fly for a total duration ofapproximately 15 minutes to the first point ofintended landing and, assuming normal cruising speed, to fly after that for at least 5 minutes. In accordance with 14 C.F.R. § 11.81, Cloud Nine provides the following information in support ofits petition for exemption:

7

### A. Name and Address of the Petitioner. The name and address ofthe Petitioner and point ofcontact is as follows: 

### Cloud Nine Technologies, LLC Physical Address: Mailing Address: Debbie 

### J. Branch Debbie 

### J. Branch 50000 South 36000 Road P. O. Box 727 Pawnee, OK 74058 Cleveland, OK 74020 Email: deranch33@aol.com B. 

### The Specific Sections of 14 C.F.R. From Which Cloud Nine Seeks Exemption. 1. Cloud Nine Seeks Exemption From The Requirements OfSection 61.113(a) and (b). Section 61.113, entitledPrivate pilot privileges and limitations: Pilot in command, subsections (a) and (b) prescribe the following, in relevant part: (a) No person who holds a private pilot certificate may act as a pilot in command (PIC) ofan aircraft that is carrying passengers or property for compensation or hire; nor may that person, for compensation or hire, act as PIC ofan aircraft. (b) A private pilot may, for compensation or hire, act as PIC ofan aircraft in connection with any business or employment if­ (1) The flight is only incidental to that business or employment; and (2) The aircraft does not carry passengers or property for compensation or hire. 

### 2. Cloud Nine Seeks Exemption From The Requirements OfSection 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. Cloud Nine Seeks Exemption From The Requirements OfSection 91.121. Section 91.121, entitled Altimeter settings, subsection (a), states the following, in part:

8(a) Each person operating an aircraft shall maintain the cruising altitude or flight level ofthat 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 ofa station along the route and within 100 nautical miles ofthe aircraft; (ii) there is no station within the area prescribed in paragraph (a)(1)(i) ofthis section, the current reported altimeter setting ofan appropriate available station; or (iii) the case ofan aircraft not equipped with a radio, the elevation ofthe departure airport or an appropriate altimeter setting available before departure. 4. Cloud Nine Seeks Exemption From The Requirements OfSection 91.151(b). Section 91.151, entitled Fuel requirements for flight in VFR conditions, subsection (b), states the following: (b) Noperson may begin aflight in a rotorcraft under VFR conditions unless (considering windand forecast weather conditions) there is enough fuel tofly to the firstpointof intendedlandingand, assuming normal cruisingspeed, to fly after that for at least 20 minutes. 5. Cloud Nine Seeks Exemption From The Requirement OfSection 91.405(a). Section 91.405, entitledMaintenance required, subsection (a), states the following: Each owner or operator ofan aircraft­ (a) Shall have that aircraft inspected as prescribed in subpart E ofthis part and shall between required inspections, except as provided in paragraph (c) ofthis section, have discrepancies repaired as prescribed in part 43 ofthis chapter[.] 6. Cloud Nine Seeks Exemption From The Requirements OfSection 91.407(a)(1) Section 91.407, entitled Operation after maintenance, preventive maintenance, rebuilding, or alteration, subsection (a)(1), states the following:

9(a) No person may operate any aircraftthat has undergone maintenance, preventive maintenance, rebuilding, or alteration unless­ (1) It has been approved for return to service by a person authorized under § 43.7 ofthis chapter[.] 7. Cloud Nine Seeks Exemption From The Requirements OfSections 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) ofthis section, no person may operate an aircraft unless, within the preceding 12 calendar months, it has had ­ (1) An annual inspection in accordance with part 43 ofthis chapter and has been approved for return to service by a person authorized by § 43.7 ofthis chapter; or (2) An inspection for the issuance ofan airworthiness certificate in accordance with part 21 ofthis chapter. 8. Cloud Nine Seeks ExemptionFrom The Requirements OfSections 91.417(a) and 91.417(b). Section 91.417, entitledMaintenance records, subsections (a) and (b), state the following: (a) Except for workperformed 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) ofthis section: (1) Records ofthe maintenance, preventive maintenance, and alteration and records ofthe 100-hour, annual, progressive, and other required or approved inspections, as appropriate, for each aircraft (includingthe airframe) and each engine, propeller, rotor, and appliance ofan aircraft. The records must include­ (i) A description (or reference to data acceptable to the Administrator) ofthe work performed; and (ii) The date ofcompletion ofthe workperformed; and (iii) The signature, and certificate number ofthe person approving the aircraft for return to service.



### 10(2) Records containingthe following information: (i) The total time in service ofthe airframe, each engine, each propeller, and each rotor. (ii) The current status oflife-limited parts ofeach airframe, engine, propeller, rotor, and appliance. (iii) The time since last overhaul ofall items installed on the aircraft which are required to be overhauled on a specified time basis. (iv) The current inspection status ofthe aircraft, including the time since the lastinspection required by the inspectionprogram under which the aircraft and its appliances are maintained. (v) The current status ofapplicable airworthiness directives (AD) and safety directives including, for each, the method ofcompliance, the AD or safety directive number and revision date. Ifthe AD or safety directive involves recurring action, the time and date when the next action is required. (vi) Copies ofthe forms prescribed by § 43.9(d) ofthis chapter for each major alteration to the airframe and currently installedengines, 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) ofthis section shall be retained until the work is repeated or superseded by otherworkor for 1yearafterthe work is performed. (2) The records specified in paragraph (a)(2) ofthis section shall be retained and transferred with the aircraft at the time the aircraft is sold. (3) A list ofdefects furnished to a registered owner or operator under § 43.11 ofthis chapter shall be retained until the defects are repaired and the aircraft is approved for return to service.
C. 

### The Extent OfReliefCloud Nine Seeks And The Reason Cloud Nine Seeks The Relief. 1. Extent OfReliefCloud Nine Seeks And The Reason Cloud Nine Seeks ReliefFrom Section 61.1l3(a) And (b).

11Relieffrom Section 61.1 13(a) and (b) entitledPrivatepilotprivileges and limitations: Pilot in command, is requested to the extent necessary to allow a PIC holding at a minimum a sport or recreational pilot certificate, and a valid U. S. drivers license, and who has met certain flight-hour and currency requirements, to conductthe proposed UAS flight operations for compensation or hire. This reliefis requested since the limitations set forth in Section 61.113(a) and (b) state that a private pilotmay, for compensation or hire, act as PIC ofan aircraft in connection with any business or employment if: (1) The flight is only incidental to that business or employment; and (2) The aircraft does not carry passengers or property for compensation or hire. This reliefis requested since thelimitations setforth in Section 61.1 13(a) and (b) state that
a private pilot may, for compensation or hire, act as PIC ofan aircraft in connection with any business or employment if: (1) The flight is only incidental to that business or employment; and (2) the aircraft does not carry passengers or property for compensation or hire. As set forth more fully below, Cloud Nine submits that an equivalent level ofsafety will be maintained because no PIC will be allowed to operate either the DJI Phantom 2 or 3 that does not hold either an airline transport, commercial, private, recreational or sport pilot certificate. The PIC shall also hold either a current FAA airman medical certificate or a valid U.S. driver's license. In addition all flights must full under the safety guidelines ofExhibitD, which will be updated as new FAA guidelines take place. Further, Cloud Nine submits that all flights ofthe DJI Phantom 2 and 3, conducted by the PIC pursuantto the grant ofthis Petition: (1) will be incidental to Cloud Nine business; and (2) will not carry passengers, packages or property for compensation or hire.



### 12

### 2. Extent OfReliefCloud Nine Seeks And The Reason Cloud Nine Seeks ReliefFrom Section 91.7(a). 

### Relieffrom Section 91.7 (a) entitled Civil aircraftairworthiness, is requestedto the extent required to allow Cloud Nine to determinethat the DJI Phantom 2 and 3 are in airworthy condition priorto every flight by ensuring thatthe VAS is in compliance with the operating documents (i.e., the Cloud Nine Aerial Operations Manual, Monthly Maintenance Log, and DJI Phantom 2 and 3 Instruction Manuals. Cloud Nine seeks the requested reliefbecause the DJI Phantom 2 and 3 do not require an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H. Therefore, Cloud Nine will ensure thatthe DJI Phantom 2 and 3 are in airworthy condition based upon its compliance withthe operating documents (i.e., the Cloud Nine Operations Manual, Monthly Maintenance Log, and DJI Phantom 2 and 3 Instruction Manuals) priorto every flight, and further, determine that the aircraft are in condition for safe flight, as stated in the conditions and limitations stated below.

3. Extent OfReliefCloud Nine Seeks And The Reason Cloud Nine Seeks Relief From Section 91.121. 

### Relieffrom Section 91.121, entitled Altimeter settings, may be required to allow flight operations ofthe DJI Phantom 2 and 3, which utilize a barometric pressure sensor, GPS equipment, and a radio communications telemetry data link to downlink altitude information from the 

### VA to the PIC at the ground control station (GCS). Since the FAA requires that any altitude information concerning VAS operations be reported to air traffic control (ATC) in feet above ground level (AGL), Cloud Nine seeks the requested reliefbecause the DJI Phantom 2 and 3's altimeter may be set on the groundto zero feet AGL, ratherthan the local barometric pressure or field altitude, before each flight.

13Considering the limited altitude ofthe proposed operations, relieffrom 14 CFR 91.121 is sought to the extent necessary to comply with the applicable conditions and limitations stated below. As more fully set forth herein, an equivalent level ofsafety will be maintained since the DJI Phantom 2 and 3 are equipped with a barometric pressure sensor and GPS equipment, which automatically
ensures that a ground level pressure setting will be established prior to each flight, and provides the PIC with altitude information ofthe UA on the heads-up display ofthe GCS.


### 4. Extent ofReliefCloud Nine Seeks 

### and the Reason Cloud Nine Seeks 

### Relieffrom Section 91.151(b) Relieffrom Section 91.151(b) entitled Fuel Requirements for flight in VFR conditions, is requested to the extent required to allow flights ofthe batterypowered DJI Phantom 2 and 3 during daylight hours in visual meteorological conditions (VMC), under visual flight rules (VFR), for a total duration of 15 minutes to the first point ofintended landing and, assuming normal cruising speed, to fly after that for at least 5 minutes. Cloud Nine seeks the requested reliefbecause without an exemption from Section 91.151(b), the flight time duration ofthe battery powered DJI Phantom 2 and 3 will severely constrain the practicality ofany aerial video or still photo flight operations that Cloud Nine proposes to conduct pursuant to this Petition. Significantly, as set forth below, the technical specifications ofthe DJI Phantom 2 and 3, the DJI Phantom 2 and 3 operating documents, and Cloud Nine's proposed operating limitations as set forth in its Operations Manual (Exhibit D) , ensure that Cloud Nine will safely operate the battery poweredDJI Phantom 2 and 3 during daylighthours in visual meteorological conditions (VMC), under visual flight rules (VFR), with enough battery powerto fly for a total duration of 15minutesto the first point ofintended landing and, assuming normal cruising speed, to fly after that for at least 5 minutes.



### 145. Extent OfReliefCloud Nine Seeks And The Reason Cloud Nine Seeks ReliefFrom 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)(l) & (a)(2), and 91.417(a) & (b) only apply to aircraft with an airworthiness certificate, Cloud Nine requests relieffrom these Sections because the DJI Phantoms 2 and 3 do not require airworthiness certificates. As set forth more fully below, the DJI Phantoms 2 and 3 meet the conditions ofFMRA Section 333 for operation without an airworthiness certificate. Accordingly, Cloud Nine will use trained technicians and personnel 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 CloudNine Operations Manual, Monthly Maintenance Log, and DJI Phantom 2 and 3 Instruction Manuals). Furthermore, Cloud Nine 

### will document and maintain all maintenance records for the DJI Phantoms 2 and 3.

D. The Reasons Why Granting Cloud Nine's Request Would be in the Public Interest and Why ItWould Benefitthe Public as a Whole
1. The Public Will BenefitFrom Decreased Congestion OfThe NAS. The DJI Phantom 2 and 3 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 ofmanned aircraft needed to perform aerial acquisitions, an exemption allowing the use ofa DJI Phantom 2 and 3 would reduce the amount ofmanned aircraft in the NAS, reduce noise and air pollution, as well as increase the safety oflife and property in the air and on the ground. Furthermore, by reducing the number ofmanned aircraft operating in the NAS, congestion . around airports caused by arriving and departing aircraft will be reduced. The DJI Phantom 2 and 3 do

not require an airport to takeoffor land. Likewise, a reduction ofmanned aircraft conducting aerial 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 offlight operations.



### 15

### 2. ThePublic Will BenefitFrom The Safety And Efficiency OfThe DJI Phantom 2 and 3 Conducting aerial activity with the DJI Phantom 2 and 3, instead ofmanned aircraft, will greatly benefitthe public by drastically reducing the levels ofair and noise pollution generated during traditional aerial video and still photography flight operations. By using battery power and electric motors, the DJI Phantom 2 and 3 produce no air pollution, and are a viable environmentally conscious alternative to aircraft that are typically utilized for aerial video and photography, possessing a six cylinder internal combustion engine that bums approximately 20 to 30 gallons perhour ofleaded aviation fuel. The DJI Phantom 2 and 3, while reducing the carbon footprint ofaerial acquisitions, also eliminates noise pollution, as the UAs are propelled by battery electric motors, rather than an internal combustion engine. By using the DJI Phantom 2 and 3 to perform aerial acquisitions, the substantial risk to life and property in the air and on the ground, which is usually associatedwith traditional manned aircraftflight operations, will be substantially reduced or completely eliminated. Aside from the lack offlight crew members located onboard the aircraft, the DJI Phantom 2 and 3 (each weighing approximately 2 pounds 11 ounces and 6 pounds 7.5 ounces respectively, at their maximum gross weights with lengths of 16 inches and 17.3 inches respectively, widths of 16 inches and 17.7 inches respectively, and with no fuel on board), has less physical potential for collateral damage to life and property on the ground, and in the air, comparedto the manned aircraft that typically conduct similar operations (weighing approximately 6,000 pounds with a wingspan ofapproximately 42 feet, a length of34 feet, and a fuel capacity of 180 gallons).



### 3. Performing Aerial Video and Photography Operations with the DJI Phantom 2 and 3 WillBenefit the Economy
In addition to being safe and efficient, the DJI Phantom 2 and 3 are both an economical alternative to using manned aircraftto conduct similar aerial operations. As such, operation ofthe DJI 

### 16Phantom 2 and 3 will allow all U.S. based companies, like Cloud Nine, to remain competitive and contribute to growth ofthe U.S. economy. Specifically, with the rising cost ofaviation fuel and the Environmental Protection Agency (EPA) regulatory actions phasing out leaded aviation fuels, U.S. owned and operated companies must adopt new and alternative technology in order to remain competitive. Operatingthe batterypoweredDJI Phantom 2 and 3 is one such technology that not only allows companies greater operational flexibility compared to manned aircraft, but provides such flexibility withoutthe high operational cost ofa traditional manned aircraft. By operatingthe DJI Phantom 2 and 3, companies such as Cloud Nine, can remain competitive and profitable, and therefore, provide greaterjob stability to employees and contractors, which will ultimately contribute to growth ofthe U.S. economy. Improved financial performance ofU. S. companies, through commercial use ofthe DJI Phantom 2 and 3 provides a stable workforce that increases consumer spending, improves local, state, and federal tax revenues, and allows companies to invest in research and development in order to remain competitive both in the United States and abroad.



### 4. There are no Privacy Issues. Similar to the manned aerial acquisition flight operations that have been conducted for decades, Cloud Nine's proposed operation ofthe DJI Phantom 2 and 3 will not implicate any privacy issues. Specifically, the DJI Phantom 2 and 3 will be operated only in compliance with operating documents (i.e., the Cloud Nine Aerial Operations Manual, Monthly Maintenance Log, and DJI Phantom 2 and 3 Instruction Manuals) which require property owner involvement as well as local law enforcement notification, and in accordance with the Federal Aviation Regulations, including the minimum altitude requirements of 14 CFR 91.119.



### 17

### E. The Reasons Why Granting The Exemption Would Not Adversely Affect Safety, Or How TheExemption Would ProvideA Level OfSafetyAt LeastEqualTo ThatProvided By TheRule From Which Cloud Nine Seeks Exemption. 

### 1. Reasons Why the DJI 

### Phantoms 2 and 3 Meet the Conditions ofThe FAA Modernization and Reform Act of2012 (FMRA) Section 333. In consideration ofthe size, weight, speed and limited operating area associated with the unmanned aircraft and its operation, Cloud Nine's operation ofthe DJI Phantom 2 and 3 meets the conditions ofFMRA Section 333, and will not require an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H. Section 333 provides authority for a VAS to operate without airworthiness certification and sets forth requirements for considering whether a VAS will create a hazard to users ofthe NAS or the public, or otherwise pose a threat to national security. Specifically, FMRA Section 333 states the following, in part: (a) In General.s-Notwithstandingany other requirement of this subtitle, andnot later than 180 days after the date of enactment of this Act, the Secretary ofTransportation shall determine 

### if certain unmannedaircraftsystems mayoperate safely in the national airspace system before completion of theplan andrulemaking requiredby section 332 of this Actor the guidance requiredby Section 334 of this Act. (b) Assessment ofUnmannedAircraftSystems.-- In making the determination under subsection (a), the Secretary shall determine, at a minimum

-­ (1) which types of unmannedaircraft systems, 

### if any as a result of their size, weight, speed, operational capability, proximity to airports andpopulatedareas, and operation within visual line of sight do not create a hazardto users of the national airspace systems or thepublic orpose a threat to nationalsecurity; and (2) whether a certificate of waiver, certificate of authorization, or airworthiness certification under section 44704 of title 49, UnitedStates Code, is requiredfor the operation of unmannedaircraftsystems identified underparagraph (1). (c) RequirementsSafe Operation.--Ifthe Secretarydetermines under this section that certain unmannedaircraft systems mayoperate safely in the national airspace system, the Secretary shall establish requirements for the safe operation of such aircraft systems in the national airspace system.

18In seekingthis exemption, CloudNine submitsthat the 011 Phantom 2 and 3 can operate safely in the NAS pursuant to FMRA Section 333, as demonstrated by: (a) the characteristics ofthe 011 Phantom 2 and 3; (b) the pilot certification requirement; and (c) the specific operating limitations.

a. The Specifications OfThe DJI Phantom 2 and 3 Demonstrate Safe Characteristics.
The 011 Phantom 2 and 3 do not create a hazard to users ofthe NAS or the public, or otherwise pose a threat to national security considering the size, weight, speed, and operational capability of each. i. Technical Specifications OfThe DJI Phantoms 2 and 3. The technical specifications ofthe 011 Phantom 2 are found at page 35 ofthePhantom 2 User's Manual (ExhibitA) and for the Phantom 3 at pages 53 -55 ofthe Phantom 3 User's Manual (ExhibitB).

ii. The DJI Phantoms 2 and 3 Autonomous Flight And Navigation Modes Enable The VAS To Remain Within A Defined Operational Area. The 011 Phantoms 2 and 3 may be operated in both manual and fully autonomous flight modes. A complete description ofthe flight and navigational modes ofthe OJI Phantom 2 is provided at pages 24-30 ofthe OJI Phantom 2 User Manual and at pages 40-46 ofthe OJI Phantom 3 User Manual, both attached hereto as Exhibits A & B.

iii. The DJI Phantom 2 and 3 Are Designed for Automatic Return to Home Point or Hove in the Event ofLoss ofthe Control LinkorNavigation.
When the Control Link is lost, the OJI Phantom 2 and 3 will remain stationary in flight, for 3 seconds or more. If, after 3 seconds, the OJI Phantom 2 and 3 do not reacquire control link data from the GCS, the UA will assume thatthe Control Link is lost and return to the home position (i.e., failsafe mode) via GPS and will descend to the takeoffposition and shutdown. 19A complete description ofthe Failsafe Functions ofthe DJI Phantom 2 is set forth at page 25 of the DJI Phantom 2 User Manual (ExhibitA) and at page 14oftheDJI Phantom 3 User Manual (Exhibit B).



### iv. The DJIPhantom 2 and 3 and their Operation. A complete description ofthe operation and specifications ofthe DJI Phantom 2 flight control software is provided at pages 31- 34 ofthe DJI Phantom 2 User Manual (Exhibit A) and at pages 35 through 38(DJI Pilot App) ofthe DJI Phantom 3 User Manual (Exhibit B).



### b. Flight Operations OfDJI Phantom 2 and 3 Are Limited To The Line OfSight OfA Certificated Pilotin Command With A Safety Observer. Cloud Nine will only utilize certificated pilots who possess at a minimum a sport or recreational pilot certificate and a valid U. S. drivers license and who have demonstrated, by meeting minimum flight-hour and currency requirements, that the PIC is able to safely operate eitherthe DJI Phantom 2 and 3 in a manner consistent with this exemption, including evasive and emergency
maneuvers and maintaining appropriate distances from people, vessels, vehicles and structures. Additionally, a safety observer will assist all pilots during flight time. And the guidelines exhibited in D, will be followed at all-times ensuring the safety ofall involved.



### c. Flights of DJI Phantom 2 and 3 Will be Conducted Pursuant to Specific Operating Limitations.
In seekingthis exemption, CloudNine proposesto commercially operate DJI Phantom 2 and 3 for the special purpose ofconducting aerial video and photography, over certain rural areas ofthe United States, pursuantto the following specific operating limitations: 1. Operations authorized by this grant ofexemption will be limited to the following aircraft described in the operating documents, rotorcraft UASs weighing less than 55 pounds maximum gross weight: DJI Phantom 2 and DJI Phantom 3. Proposed operations ofany 20other aircraft will require a new petition or a petition to amend this grant. 2. VAS operations under this exemption will be limited to conducting operations for the purpose ofaerial video and photography. 3. The 

### VAs may not be flown at an indicated airspeed exceeding 30 knots (approximately 34.5 miles per hour). The exemption holder may use either groundspeed or calibrated airspeed to determine compliance with the 30 knot speed restriction. In no case will the 

### VA be operated at airspeeds greater than the maximum 

### VA operating airspeed recommended by the aircraft manufacturer. 4. The 

### VA must be operated at an altitude ofno more than 400 feet above ground level (AGL), as indicated by the procedures specified in the operating documents unless a special request is made and approved by ATC. All altitudes reported to ATC must be in feet AGL. 5. The 

### VAs must be operated within visual line ofsight (VLOS) ofthe PIC at all times. This requires the PIC to be able to use human vision unaided by any device other than corrective lenses, as specified on the PIC's FAA-issued airman medical certificate. 6. All operations must utilize a safety observer (SO). The SO may be used to satisfy the VLOS requirement as long as the PIC always maintains VLOS capability. The SO and PIC must be able to communicate verbally at all times. Electronic messaging or texting is not permitted during flight operations. The PIC must be designated before the flight and cannot transfer his or her designation for the duration ofthe flight. The PIC must ensure that the SO can perform the functions prescribed in the operating documents. 7. The SO must not perform any other duties beyond assisting the PIC with seeing and avoiding other air traffic and other ground based obstacles/obstructions and is not permitted to operate the camera or other instruments. 8. The operating documents and the grant ofexemption must be accessible during VAS operations and made available to the Administrator upon request. Ifa discrepancy exists between the conditions and limitations contained in the grant ofexemption and the procedures outlined in the operating documents, the conditions and limitations contained in the grant of exemption take precedence and must be followed. Otherwise, the operator must follow the procedures as outlined in its operating documents. The operator may update or revise its operating documents. It is the operator's responsibility to track such revisions and present updated and revised documents to the Administrator upon request. The operator must also present updated and revised documents if it petitions for extension or amendment to the grant ofexemption. Ifthe operator determines that any update or revision would affect the basis upon which the FAA granted the exemption, then the operatormustpetition for amendmentto its grant ofexemption. The FAA's VAS Integration Office (AFS-80) may be contacted if questions arise regarding updates or revisions to the operating documents. 9. Priorto each flight the PIC must inspectthe VAS to ensure that it is in a condition for safe flight. Ifthe inspection reveals a condition that affects the safe operation ofthe VAS, the aircraft is prohibited from operating until the necessary maintenance has been performed and the VAS is found to be in a condition for safe flight. The Ground Control Station must be



### 21included in the preflight inspection. All maintenance and alterations must be properly documented in the aircraft records. 10. Any UAS that has undergone maintenance or alterations that affect the UAS operation or flight characteristics, e.g. replacement ofa flight critical component, must undergo a functional test flight priorto conducting further operations. The PIC who conducts the functional test flight must remain at least 500 feet from other people. The functional test flight must be conducted in such a manner so as to not pose an undue hazard to persons and property. 11. The pre-flight inspection must account for all potential discrepancies, e.g. inoperable components, items, or equipment, not already covered in the relevant sections ofthe operating documents. 12. The operator must follow the UAS manufacturer's aircraft/component, maintenance, overhaul, replacement, inspection, and life limit requirements. 13. The operator must carry out its maintenance, inspections, and record keeping requirements, in accordance with the operating documents (Operating Manual, Exhibit D, Appendix B). Maintenance, inspection, alterations, and status ofreplacement!overhaul component parts must be noted in the aircraft records, including total time in service, description ofwork accomplished, and the signature ofthe authorized person returning the UAS to service. 14. Each UAS operated under this exemption must comply with all manufacturer Safety Bulletins. 15. The authorized person must make an entry in the aircraft record ofthe corrective action taken against discrepancies discovered between inspections. 16. The PIC must possess at least an airline transport, commercial, private, recreational or sport pilot certificate. The PIC must also hold a current FAA airman medical certificate or a valid U.S. drivers license issued by a state, the District ofColumbia, Puerto Rico, a territory, a possession, or the Federal government. The PIC must also meet the flight review requirements specified in 14 CFR Section 61.56 in an aircraft in which the PIC is rated on his or her pilot certificate. 17. The operator may not permit any PIC to operate unless the PIC meets the operator's qualification criteria and demonstrates the ability to safely operate the UAS in a manner consistent with how the UAS will be operated under the exemption, including evasive and emergency maneuvers and maintaining appropriate distances from persons, vessels, vehicles and structures. PIC qualification flight hours must be logged in a manner consistentwith 14 C.F.R. Section 61.51(b). Flights for the purposes oftraining the operator's PICs are permitted under the terms ofthe exemption. However, training operations mayonly be conducted during dedicated training sessions. During training, proficiency, and experience-building flights, all persons not essential for flight operations are considered nonparticipants, and the PIC must operate the VA with appropriate distance from nonparticipants in accordance with 14 C.F.R. Section 91.119.



### 2218. VAS operations may not be conducted during night, as defined in 14 C.F.R. Sec.19.1. 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 closestto proposed area of operations. Flights under special visual flight rules (SVFR) are not authorized. 19. The 

### VA may not operate with 5 nautical miles ofan airport reference point (ARP) as denoted in the current FAA AirportlFacility Directory (AFD) or for airports not denoted with an ARP, the cent ofthe airport symbol as denoted on the current FAA-published aeronautical chart, unless a letter of agreement with that airport's management is obtained or otherwise permitted by a COA issued to the exemption holder. The letter ofagreement with the airport management must be made available to the Administrator or any law enforcement official upon request. 20. The 

### VA may not be operated less than 400 feet below or less than 2,000 feet horizontally from a cloud or when visibility is less than 3 statute miles from the PIC. 21. If the 

### VA 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. 22. The PIC must abort the flight in the event ofunpredicted obstacles or emergencies in accordance with the operating documents. 23. The PIC is prohibited from beginning a flight unless (considering wind and forecast weather conditions) there is enough power for the 

### VA to conductthe intended operation and to operate after that for at least five minutes or with the reserve power recommended by the manufacturer ifgreater. 24. Air Traffic Organization (ATO) Certificate ofWaiver or Authorization (COA). All operations shall be conducted in accordance with an ATO-issued COA. If the exemption holder wishes to conduct operations that cannot be conducted under the terms ofthe ATO-issued COA, it will be apply for a new or amended COA. 25. 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. 26. The documents used by the operator to ensure the safe operation and flight ofthe VAS and any documents required under 14 C.F.R. 91.9 and 91.203 must be available to the PIC at the Ground Control Station ofthe VAS any time the VAS is operating. These documents must be made available to the administrator or any law enforcement official upon request. 27. The Operator shall abide and enforce the safety checklists contained in Appendix A to the Operating Manual (see Exhibit D to this Petition) to insure that safety 23for everyone is provided in and near the site. 28. The 

### VA must remain clear and yield the right ofway to all manned aviation operations and activities at all times. 29. The VAS may not be operated by the PIC from any moving device or vehicle. 30. Flight operations must be conducted at least 500 feet from all nonparticipating persons (persons otherthan the PIC, SO, operatortrainees or essential persons), vessels, vehicles, and structures unless:
a. Barriers or structures are presentthat sufficiently protect nonparticipating persons from the 

### VA and/or debris in the event ofan accident. The operator must ensure that nonparticipating persons remain under such protection. Ifa situation arises where nonparticipating persons leave such protection and are within 500 feet ofthe 

### VA, flight operations must cease immediately and/or;

b. The aircraft is operated near vessels, vehicles or structures where the owner/controller ofsuch vessels, vehicles or structures has granted permission and the PIC has made a safety assessment ofthe risk ofoperating closer to those objects and determined that it does not present an undue hazard, and;
c. Operations nearer to the PIC, SO, operatortrainees or essential persons do not present an undue hazard to those persons per § 91.119(a). 31. All operations shall be conducted over private or controlled-access property with permission from the land owner/controller or authorized representative. Permission from land owner/controller or authorized representative will be obtained for each flight to be conducted. 32. Any incident, accident, or flight operation that transgresses the lateral or vertical boundaries ofthe operational area as defined by the applicable COA must be reported to the FAA's VAS Integration Office (AFS-80) within 24 hours. Accidents must be reported to the National Transportation Safety Board (NTSB) per instructions contained on the NTSB Web site: www.ntsb.gov
.

.[REST OF PAGE INTENTIONALLY LEFT BLANK]

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### 2. Reasons Why An Exemption From The Requirements OfSection 61.113(a) and (b) Would Not Adversely Affect Safety. Cloud Nine submits that the equivalent levelofsafety established by Section 61.113(a) and (b) will be maintained because no PIC will be allowed to operate the DJI Phantom 2 and 3 unless that PIC has demonstrated, by meeting minimum flight-hour and currency requirements, that the PIC is able to safely operate the DJI Phantom 2 and 3 in a manner consistent with the exemption, including evasive and emergency maneuvers and maintaining appropriate distances from people, vessels, vehicles and structures. Section 61.113(a) & 

### (b) limit private pilots to non-commercial operations. Unlike a conventional aircraft that carries a pilot, passengers and cargo, the DJI Phantom 2 and 3 are remotely controlled with no passengers ofproperty ofothers on board. Section 61.113(a) requires an individual with a commercial pilot's license to be pilot in command ofan aircraft for compensation or hire. Here, CloudNine would point out that the Phantom 2 and 3 both possess a high degree ofpre-programmed control and various built-intechnical capabilities that strictly limit the potential for operation outside ofthe operating conditions set forth in this exemption application. The Phantom 2 and 3 possess software platforms with advanced features previously restricted to full size unmanned aircraft. Automated features and advanced fly safe controls enable safe, reliable operation, as well as advance networking capabilities and system extensibility. 1. Plan your flight or fly ad hoc. The system can autonomously fly a programmed flight path or fly in manual mode. 2. Smartbatteries and charger. Flighttime and batteryminutes are displayed at all times. The systemwill returnhome and land automatically ifuser configurable limits are reached. Flight safety is a priority, regardless ofthe operating environment or project. The DJI Phantom 2 and 3 offer superior safety over manned aircraft by removing the need for people

25

### onboard in potentially dangerous situations. With multiple built-in features, the DJI Phantom 2 and 3 ensure a high level ofsafety. Safety features include: 1. Intelligent fault handling: They system automatically detects potential issues ­ with configurable automated response behavior such as a return-home-and-land routine. 2. Automatic pre-flight checks: The system self-calibrates all ofits sensors and performs self-tests prior to takeoffto check for errors. 3. No fly zones: The systemhas the ability to set up visual no fly zones and installed no fly zones. 4. Selfmonitoring: Monitoring batterylevels, in-flight speeds, and other system and environmental conditions are automatically handledby the system. 5. Battery communication: Battery minutes and flight time are displayed at all times. The system will return home and land automatically ifuser configured limits are reached. Additional automated safety functions and safety enhancing features oftheDJI Phantom 2 and 3 include the following: 1. Auto detection oflost GPS warns the pilot and initiates an immediate landing. 2. Lowbattery on the DJI Phantom 2 & 3 triggers a non-fatal warning alarm to return home, land and replace the battery. 3. Very low battery on the DJI Phantom 2 & 3 triggers a fatal error alarm and initiates emergency high speed descent landing. 4. Ifthe DJI Phantom 2 & 3 detect a lost linkto the base station the vehicles will perform a pre-defined nonfatal conditionresponse. Given these safety features, CloudNine proposes that the operators ofthe DJI Phantom 2 & 3 should not be required to hold a commercial or private pilot certification. Instead, operators should be required to: 1. Possess at a minimum a sports or recreational pilot's certificate and a validU.S. driver's license per current FAArequirements, and 2. Have completed a training program for the operation ofthe Phantom 2 & 3, and 3. Completed CloudNine's training and safety program which adheres to the procedures set forth in its Operating Manual (see Exhibit D). 49 USC Section4470 1(f) gives the FAA statutory authorityto waivethe pilot requirements for commercial operations. CloudNine further notes that UAS operators possessing proper qualifications and operating pursuantto public COAs where the mandatory operating conditions
26

### specified above were presenthave beenpermitted by the FAA to operate their UAS. See 

### Federal Aviation Administration, Notice N-8900.227, Unmanned Aircraft Systems (UAS) Operational Approval, at 20-21 (July 30, 2013).
Given these conditions and restrictions, an equivalent level ofsafety will be providedby allowing operation ofthe DJI Phantom 2 & 

### 3 without a private pilot's license or a commercial pilot's certificate under the conditions set forth herein. 3. Reasons Why An Exemption From The Requirements OfSection 91.7(a) Would Not Adversely Affect Safety. Cloud Nine adheres to a set ofrules that follow best practices and that meet or exceed current FAA requirements and guidelines. These rules and procedures can be found in the Cloud Nine Operations Manual attached hereto as Exhibit D. Additionally, the FAA has previously granted relieffrom Section 91.7(a) specific to 

### VAS, 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 equivalent level ofsafety establishedby Section 91.7(a) will be maintained because prior to every flight, plus CloudNine also requires the safety checklist contained in its Operating Manual (see Exhibit D) that ensures that the DJI Phantom 2 and 3 are in an airworthy condition baseduponthe UAS's compliance with its operating documents and as stated in the conditions and limitations herein. Accordingly, CloudNine will ensure safe operations by not allowing any PIC to operate the DJI Phantom 2 or 3 unless that PIC has demonstrated, by meeting minimum flight-hour and currency requirements, that the PIC is able to safely operate the DJI Phantom 2 or 3 in a manner consistent with the exemption, including evasive and emergency maneuvers and maintaining

27appropriate distances from people, vessels, vehicles and structures.


### 4. Reasons Why An Exemption From the Requirements ofSection 91.121 Would NotAdversely Affect Safety. As demonstrated in Exhibit D, Cloud Nine adheres to an established set ofrules. We believe these rules observe and exceed current FAA guidelines. Therefore, the equivalent level of safety established by Section 91.121 will be maintained because the altitude information ofthe DJI Phantom 2 and 3 will be provided to the PIC via GPS equipmentand a radio communicationstelemetry data link, which downlinks from the UA to the GCS for active monitoring ofthe flight path and altitude. This altitude information, combined with Cloud Nine's operation ofthe DJI Phantom 2 and 3 within visual line ofsight, at or below 400 feet AGL, will ensure a level ofsafety equivalentto Section 91.121. The altitude information will be generated by GPS equipment installed onboardthe aircraft. Priorto each flight, a zero altitude initiation point is automatically established by the UASs at ground level.
The FAA has previously granted relieffrom Section 91.121 specific to UAS, in circumstances similar, in all material respects, to those presented herein (e.g. Exemption Nos. 11062, 11063, 11064, 11065,11066,11067,11080,11109,11112,11136,11138, 11150, 11153, 11156, 11157, 11158, 11159,11160,11161).


### 5.Reasons Why An Exemption From The Requirements OfSection 

### 91.151(b) Would Not Adversely Affect Safety. A grant ofthis exemption would ensure an equivalent level ofsafety established by 14 C.F.R. Section 91.151 (b) as a result of(1) the technical specifications ofthe DJI Phantom 2 and 3; (2) the limitations on the proposed flight operations; and (3) the location ofthe proposed flight operations. Accordingly, Cloud Nine will ensure that it will safely operate the battery powered DJI Phantom 2 and 3 during daylight hours in VFR conditions, with enough battery powerto fly for a total duration of 15

28minutes to the first point ofintended landing and, assuming normal cruising speed, to fly after that for at least 5 minutes. Here, as in ExemptionNo. 11109, the technical specifications ofthe DJI Phantom 2 and 3; the limitations on the proposed flight operations, and the location ofthe proposed operations, will ensure an equivalent level ofsafety established by 14 C.F.R. Section 91.151(b). Furthermore, safety will be ensured as the DJI Phantom 2 and 3 provide audible.. and visual warnings to the PIC at the GCS when the 

### VAs experiences low battery voltage, the first warning occurring at approximately 33% remaining battery power, and again at approximately 10% remaining battery power. At the critically low battery level, the DJ! Phantom and 3will descend and land automatically. Significantly, previous exemptions granted by the FAA concerning Section91.151 establish that safety is not adversely affected when the technical characteristics and operating limitations ofthe VAS are considered. Reliefhas been granted for manned aircraft to operate at less than the minimums prescribed in Section 91.151, including Exemption Nos. 2689, 5745, and 10650. Moreover, the FAA has previously granted relieffrom Section 91.151 specific to VAS, in circumstances similar, in all material respects, to those presented herein (e.g. Exemption Nos. 8811, 10808, 10673, 11042, 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110, 11136, 11138, 11150, 11153, 11156, 11157,11158,11159,11160,11161).
6. Reasons Why An Exemption From The Requirements OfSections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), And 91.417(a) & (b) Would Not Adversely Affect Safety. In seekingthis exemption, CloudNine submits that the equivalentlevel ofsafety with regard to the regulatory maintenance and alteration requirements established by Sections 91.405(a), 91.407(a)(l), 91.409(a)(l) & (a)(2), and 91.417(a) & (b) will be met because Cloud Nine will use trained technicians to perform maintenance, alterations, or preventive maintenance on the VAS using 29the methods, techniques, and practices prescribed in the operating documents (i.e., the Cloud Nine Aerial Operations Manual, Monthly Maintenance Log, and DJI Phantom 2 Instruction Manual). Furthermore, CloudNine will document and maintain all maintenance records for the DJI Phantom 2 and 3. Since the DJI Phantom 2 and 3 will be inspected as prescribed by the operating documents, CloudNine will maintain the equivalent level ofsafety established by Sections 91.405(a), 91.409(a)(l), and 91.409(a)(2). A copy ofthe DJI Phantom 2 and 3 User Manuals are attached hereto as Exhibits A and B; a copy ofthe DJI Phantom 2 and 3 Maintenance Log is attached hereto as Exhibit C. Likewise, the exemption sought will not adversely affect safety because CloudNine will use trained technicians to perform maintenance, alterations or preventive Maintenance on the UAS using the methods, techniques, and practices prescribed by the operating documents. Furthermore, the exemption soughtwould maintain an equivalent level ofsafety established by Sections 91.407, 91.417(a) and 91.417(b), because all maintenance ofthe DJI Phantom 2 and 3 will be performed by trained technicians. Maintenance will be documented and maintained utilizing the monthly Maintenance Log. Significantly, previous exemptions granted by the FAA concerning Sections 91.405(a), 91.407(a)(l), 91.409(a)(l) & (a)(2), and 91.417(a) & (b) establish that safety is not adversely affected when the technical characteristics and operating limitations ofthe UAS are considered. In consideration ofCloudNine's proposed operating limitations, the operating documents, and the technical aspects ofthe DJI Phantom 2 and 3, CloudNine submits that safety will not be adversely affected by granting exemption from 14 C.F.R. Sections 91.405(a),

91.407(a)(l) and (a)(2), 91.409(a)(2), and 91.417(a) and (b).

30

### The FAA has previously granted reliefspecific to UAS in circumstances similar, in all material respects, to those presented herein (e.g. Exemption Nos. 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110, 11112, 11136, 11138, 11150, 11153, 11156, 11157, 11158, 11159, 11160, 11161). In addition Cloud Nine flies only under an established set of procedures which can be found in the Cloud Nine Operations Manual (Exhibit D), which insure the safest operation under any foreseen circumstance.


### 7. The FAA May Prescribe Any Other Conditions for Safe Operation.
In accordance with Section 333 ofthe FAA Modernization and Reform Act of2012 (FMRA) and 14 C.F.R. § 21.16 entitled Special Conditions, CloudNine requests that the FAA prescribe special conditions for the intended operation ofthe DJI Phantom 2 and 3, which contain such safety standards thatthe Administrator finds necessary to establish a level ofsafety 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)(l), 91.409(a)(l) & 

### (a)(2), and 91.417(a) & 

### (b). Such special conditions will permit safe operation ofthe UAs for the limitedpurpose of conducting aerial video and photography over certain areas ofthe United States for compensation or hire. FMRA Section 333 sets forth the requirements for considering whether a UAS will create
a hazard to users ofthe NAS or the public, or otherwisepose a threat to national security; and further, provides the authority for such UAS to operate without airworthiness certification in accordance with any requirements thatmustbe establishedfor the safe operationofthe UAS in the NAS.

31

### Likewise, Administrator may prescribe special conditions pursuantto 14 C.F.R.§ 21.16, for operation ofthe DJI Phantom 2 and 3, since the airworthiness regulations of 14 C.F.R. Part 21 do not contain adequate or appropriate safety standards, due to the novel or unusual design features ofthe aircraft. Section 21.16, entitled Special Conditions, states the following: Ifthe FAA finds that the airworthiness regulations ofthis subchapter do not contain adequate or appropriate safety standards for an aircraft, aircraft engine, or propeller because ofa novel or unusual design feature ofthe 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 ofthis chapter and contain such safety standards for the aircraft, aircraft engine or propeller as the FAA finds necessary to establish a level ofsafety equivalent to that established in the regulations. See 14 C.F.R. § 21.16. Therefore, in accordance with FMRA Section 333 and 14 C.F.R. § 21.16, the FAA may prescribe special conditions for CloudNine's intended operation ofthe DJI Phantom 2 and 3, which contain such safety standards that the Administrator finds necessary to establish a level of safety equivalentto that establishedby 14 C.F.R. Part 21, SubpartH, and 14 C.F.R 61.113(a), and 14 C.F.R. Sections 61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(l), 91.409(a)(l)& (a)(2), and 91.417 (a) &(b). 

### F. A Summary That Can Be Published In The Federal Register, stating: The Rules From Which Cloud Nine Seeks Exemption: CloudNine seeks exemptionfrom the requirements of14 

### CFR Sections 61.

### 113(a)&(b), 91.7(a), 91.121, 91.151 

### (b), 91.405(a), 91.407(a)(l), 91.409(a)(1) 

### & (a)(2), and91.417(a) & (b). A 

### BriefDescription OfThe Nature OfThe Exemption Cloud Nine Seeks: This exemption willpermit CloudNine to commercially operate an UnmannedAircraft System (VAS)for thepurpose of conductingaerial video andphotography over certain areas of the UnitedStates.

32

### G. Any Additional Information, Views, OrArguments Available To Support Cloud Nine's Request. This Petitionis made pursuantto the FAA Modernization and ReformAct of2012(FMRA) Section 333, which directs the Secretary ofTransportationto determine ifcertain UAS may operate safely in the NAS. As such, CloudNine'srequest for exemption may be granted pursuant to the authority ofFMRA Section 333 and 14 C.F.R. Part 11, as set forth above. FMRA Section 333 sets forth the requirements for consideringwhether a UAS will create a hazard to users ofthe NAS or the public, or otherwise pose a threat to national security; and further, provides the authority for such UAS to operate without airworthiness certification. As discussed in detail above, CloudNine will operate the DJI Phantom 2 and 3safely in the NAS, without creating a hazard to users ofthe NAS, or the public or otherwise pose a threat to national security.



### CONCLUSION As set forth herein, CloudNine Energy Link, LLC seeks an exemptionpursuant to 14 C.F.R. Section 11.61 and Section 333 ofthe FAA Modernization and Reform Act of20l2 (FMRA), which will permit safe operation ofthe DJI Phantom 2 and 3 commercially, without an airworthiness certificate, for the limited purpose ofconducting aerial video and photography over certain areas ofthe United States. By granting this Petition, the FAA Administrator will be fulfilling the Congressional mandate ofthe FAA Modernization and Reform Act of20l2, while, also advancing the interests ofthe public, by allowing CloudNine to safely, efficiently and economically operate the DJI Phantom 2 and 3 commercially within the NAS.

33

### WHEREFORE, in accordance with the Federal Aviation Regulations and the FAAModernization and Reform Act of2012, Section 333, Cloud Nine Energy Link, LLC respectfully requests thatthe Administrator grant this Petition 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), and permit CloudNine to operate the DJI Phantom 2 and 3 commercially for the purpose ofconducting aerial video and photography over certain areas ofthe United States. Dated: July 1, 2015 Respectfully submitted,
Debbie J. Branch

# ~~L Debbie J. Bran h CloudNine Technologies, LLC P. O. Box 727 Cleveland, OK 74020 Tel: 918-358-5025 Email: .deranch33@aol.com

34

### Exhibits: A - DJI Phantom 2 Manufacturer's User Manual B - DJI Phantom 3 Manufacturer's User Manual C - Monthly Maintenance Log D - CloudNine Operations Manual

35

## EXHIBIT A 

## DJI Phantom 2 Manufacturer's UserManual See separate document attachedto docket

36

## EXHIBITB Dfl

## Phantom 3 Manufacturer's User 

## Manual

see separate document attachedto docket

37----

--- 

## EXHIBITC Monthly Maintenance Log
Month Year

MAINTENANCEL.OG



# t-**._+-~--+--~---4-----_i.-_--+------**

38

## EXHIBITD

Cloud Nine Operations Manual See separate document attachedto docket \ I

!

39