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## E. Frank Wade, Broker 3103 Quail Run Drive Round Rock, Texas 78681 512.259.1775

U.S. Department ofTransportation Docket Operations WestBuilding GroundFloor, Room w12-140 1200NewJerseyAve, SE Washington, DC 20590 RE: Eugene F. Wade dba. E. FrankWade Realty, LLC RequestAnExemptionFromThe Requirements OfTitle 14 ofThe Code ofFederal Regulations 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), And 91.417(A) & (B) Concerning Commercial Operation ofDJIPhantom 2 Vision Plus- Version 3 UnmannedAircraft Systems PursuantTo Section 333 ofThe FAA ModernizationAndReformActof 2012 (Public Law 112-95) Respectfully, 

### E. FrankWade

### R~Je., Eugene F. ade, Broker Frank@EFrankWade.com
EFW/abm

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I • i TABLE OF CONTENTS
Glossary OfAbbreviations.............................................................................................3 Summary.........................................................................................................................4 IntroductionAndInterests OfPetitioner.........................................................................4 Background.....................................................................................................................4 BasisForPetition............................................................................................................4
Name AndAddress OfPetitioner...................................................................................6 The Specific Sections Of 14 C.F.R. Which E. FrankWadeRealty, LLC Seeks Exemption.......................................................................................................................6 The Extent OfReliefE. FrankWade Realty, LLC. Seeks And The Reason E. FrankWade Realty, LLC Seeks The Relief...........................................................9 The Reasons Why Granting E. FrankWade Realty, LLC Request's Would Be In The Public Interest .......................................................................................................11 The Reasons Why Granting The ExemptionTo E. FrankWade Realty, LLC WouldNotAdverselyAffect Safety.............................................................................20 Summary That CanBePublished InTheFederal Register..........................................22 AnyAdditional Information, Views, OrArguments Available To SupportE. Frank Wade Realty LLC Request..........................................................................................22 Conclusion....................................................................................................................23 Appendices...................................................................................... 24

Page 2 of25GLOSSARY OF ABBREVIATIONS 

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c J AGL Above Ground Level

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### -, AOI AreaofInterest ATC Air Traffic Control ATO AirTraffic Organization AV Aerial Vehicle CFR Code ofFederal Regulations COA Certificate ofAuthorization FAA Federal AviationAdministration FAR Federal AviationRegulation 

### -1 GCS Ground Control Station J GPS Global Positioning System

c J LOL Loss ofLink NAS National Airspace System NOT AM Notice to Airman PIC PilotInCommand

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l Section 333 FAAModernization and ReformAct

c l of 2012 (FMRA) 

## so Safety Observer 

### l SOP Standard OperatingProcedures 

## .J UAS UnmannedAircraft



## l UAS UnmannedAircraft System



### -J VFR Visual FlightRules VLOS Visual Line ofSite

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# ' VMC Visual Meteorological Conditions

i VTOL Vertical Takeoffand Landing

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# . 1 I j**~** J SUMMARY Eugene F. Wade dba. E. Frank Wade Realty, LLC hereafter referred to as The Petitioner request 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)(l), 91.409(a)(l) & (a)(2), and 91.417(a) & (b), to operate an Unmanned Aircraft SystemDJIPhantom 2 Vision Plus
- Version 3pursuantto Section 333 ofthe FAAModernization and Reform Act of 2012 (FMRA). This exemption will permit The Petitioner to operate an Unmanned Aircraft System (UAS) for the commercial purpose of conducting aerial video and photography of residential and commercial real estate over certain areas ofthe United States. INTRODUCTIONAND INTERESTS OF THE PETITIONER The Petitioner is a licensed Texas Real Estate Broker who has been fingerprinted and passed a criminal background check as required by the Texas Real Estate Commission. (Pubic ID# 0479816) The Petitioner is also a multiyear member of the Academy ofModel Aeronautics (Member # 1054047) and The Lone Star Aeronuts RIC Club. The Petitioner has fifteen (15) years of experience provided clients with expertise and knowledge in video and multimedia marketing of real estate properties. The Petitioner currently has been supplying clients with ground-based photography. The objective ofthe Petitioner and my Unmanned Aircraft System (DJIPhantom 2 Vision Plus- Version 3) aerial operations is to provide amore affordable, high-quality production system for Residential Real Estate Marketing. The Petitionerhas safely flown RC electric quad copters recreationally for over 18 months without incident. BACKGROUND UnmannedAircraft Systems: DJIPhantom 2 Vision Plus- Version 3 The Petitioner seeks an exemption to operate a DJI Phantom 2 Vision Plus
- Version 3 for compensation or hire within the NAS. The Phantom 2 Vision Plus- Version 3 is vertical takeoffand landing (VTOL) Unmanned Aircraft (UAS) with a Ground Control Station (GCS) utilizing electronic tablet or smartphone systems. Phantom 2 Vision Plus
- Version 3 has a maximum gross weight of2.8 lb. while having a diagonal dimension of23.2", a maximum speed ofapproximately 16.4'fps. The Phantom 2 Vision Plus
- Version 3 is equipped with four main rotors; driven by Lithium Polymer battery powered electric motors. The Petitioner will limitthe UAS to a maximum flying height of200 feet; more than sufficient for Residential Real Estate Marketing. The DJIPhantom 2 Vision Plus
- Version 3 that will be operated by The Petitioner is registered in accordance with 49 U.S.C. 44103, Registration of Aircraft, as well as 14 C.F.R Part 47, Aircraft Registration, UAS is marked as (N-7277) ICAO AircraftAddress Code (52340332). BASIS FORPETITION The Petitioner, pursuantto the provisions ofthe Federal Aviation Regulations (14 C.F.R. § 11.61) and the FAA Modernization and Reform Act of 2012 (FMRA), Section 333, Special Rulesfor Certain UnmannedAircraftSystems, hereby petitions the Administrator to commercially operate the Phantom 2 Vision Plus- Version 3, UAS in the National Airspace System (NAS), and for an exemption from Page 4of25r--,I I

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i 'J 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)(l), 91.409(a)(l) & (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, The Petitioner operation ofDJIPhantom 2 Vision Plus
- Version 3 UAS meets the conditions ofFMRA Section 333 and therefore, will not require an airworthiness certificate in accordance with 14 C.F.R. Part21, SubpartH. Accordingly, The Petitioner requests relief from Sections 91.405(a), 91.407(a)(l), 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. The Petitioner submits that the requested reliefis proper since an equivalent level of safety will be ensured. The Petitioner 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 Log, and DJIPhantom 2 Vision Plus
- Version 3 Instruction Manual). Furthermore, The Petitioner will document and maintain all maintenance records for theDJIPhantom 2 VisionPlus- Version 3UAS. The Petitioner seeks relieffrom certain requirements of Section 61.113(a) and (b), entitled Private pilot privileges and limitations: Pilot in command, is requested by The Petitioner to the extent necessary to allow a Pilotin Command (PIC) holding aprivate pilot orhigher level certificate, as well as an airman medical certificate, and who has demonstrated, by meeting minimum flight-hour and currency requirements, that the PIC is able to safely operate the DJI Phantom UAS in a manner consistent with this exemption, including evasive and emergency maneuvers and maintaining appropriate distances from people, vessels, vehicles and structures. The Petitioner seeks relieffrom Section 91.7(a), entitled Civil aircraft airworthiness, because the DJI Phantom 2 Vision Plus- Version 3 UAS do not require an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H. As such, The Petitioner submits that they will ensure that the DJI Phantom 2 Vision Plus
- Version 3 UAS is in an airworthy condition, prior to every flight, by determining thatthe UAS are in compliance with the operating documents (i.e., Monthly Maintenance Log, and DJIPhantom 2 Vision Plus
- Version 3 Instruction Manual), and that the aircraft are in a condition for safe flight. The Petitioner also seeks an exemption from the requirements of Section 91.121, entitled Altimeter Settings, as the DJI Phantom 2 Vision Plus
- Version 3 UAS will not have a typical barometric altimeter onboard. However, altitude information ofthe DJIPhantom 2 Vision Plus
- Version 3 UAS will be provided to the PIC via Global Positioning System (GPS) equipment and radio communications telemetry data link, which downlinks from the UAS to the GCS for active monitoring of the flight path. This altitude information, combined with The Petitioner's operation of the DJI Phantom 2 Vision Plus
- Version 3 UAS within visual line of sight, at or below 200 feet AGL, will ensure a level ofsafety equivalentto Section 91.121. Additionally, The Petitioner seeks an exemption from the requirements ofSection 91.151(b), entitled Fuel requirementsforflight in VFR conditions. The Petitioner submits that safety will notbe affected by operation of the DJI Phantom 2 Vision Plus
- Version 3 UAS during daylight hours in visual meteorological conditions (VMC) under visual flight rules (VFR), with enough battery power to fly Page 5of25- J

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l for a total duration of approximately 20 minutes. Battery power indicators are also able to show exactly howmuch battery powerremain, as well as howmuchtime is needed to return safely back to point oftake off. In accordance with 14 C.F.R. § 11.81, The Petitionerprovides the following information in support of itspetitionfor exemption: A. NameAndAddress OfThePetitioner. Thename and address ofthe Petitioner andpointofcontactis: EugeneF. Wade. Broker EugeneF. Wade Realty, LLC 3103 Quail RunDrive Round Rock, TX78681-1240 P-512.259.1775 F-512.579.4255 Frank@EFrank Wade.com B. The Specific Sections Of14 C.F.R. From Which ThePetitioner Seeks Exemption. 1. The Petitioner Seeks Exemption From The Requirements OfSection 61.113(a) And (b). Section 61.113, entitled Private pilotprivileges and limitations: Pilot in command, subsections (a) and (b) prescribethefollowing, inrelevantpart: (a) No person who holds a private pilot certificate may act as a pilot in command (PIC) of an aircraft that is carrying passengers or property for compensation or hire; nor may that person, for compensation orhire, act as PIC ofan aircraft. (b) A private pilot may, for compensation or hire, act as PIC ofan aircraft in connection with anybusiness oremploymentif- (1) The flight is only incidentalto thatbusiness or employment; and (2) The aircraft does not carrypassengers orproperty for compensationorhire. 2. The Petitioner Seeks Exemption From The Requirements OfSection 91.7(a). Section 91.7, entitled Civil aircraftairworthiness, subsection (a), states the following: (a) No personmay operate a civil aircraftunless itis in an airworthy condition. 3. ThePetitioner Seeks Exemption From The Requirements OfSection 91.121. Section 91.121, entitledAltimeter settings, subsection (a), states the following, inpart: (a) Each person operating an aircraft shall maintain the cruising altitude or flight level of that aircraft, as the case maybe, byreferenceto an altimeterthatis set, whenoperating-- (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; Page 6 of25-,I

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- j (ii) Ifthere is no station within the area prescribed in paragraph (a)(l)(i) ofthis section, the currentreported altimeter setting ofan appropriate available station; or

(iii) In the case of an aircraft not equipped with a radio, the elevation of the departure airport oran appropriate altimeter setting available before departure. 4. The Petitioner Seeks Exemption From The Requirements OfSection 91.151(b). Section 91.151, entitledFuel requirements forflight in VFR conditions, subsection (b), states the following: (b) Noperson may begin aflight in a rotorcraft under VFR conditions unless (considering wind andforecast weather conditions) there is enoughfuel tofly to thefirst point of intended landing and, assuming normal cruising speed, tofly after thatfor at least 20 minutes. 5. The Petitioner Seeks Exemption From The Requirement OfSection 91.405(a). Section 91.405, entitled Maintenance required, subsection (a), states the following: Each owner oroperatorofan aircraft- (a) Shall have that aircraft inspected as prescribed in subpart E of this part and shall between required inspections, except as provided in paragraph (c) of this section, have discrepancies repaired as prescribedinpart43 ofthis chapter[.] 6. The Petitioner Seeks Exemption From The Requirements OfSection 91.407(a)(l) Section 91.407, entitled Operation after maintenance, preventive maintenance, rebuilding, or alteration, subsection (a)(l), statesthe following: (a) No person may operate any aircraft that has undergone maintenance, preventive maintenance, rebuilding, or alterationunless-- (1) It has been approved for return to service by a person authorized under § 43.7 of this chapter. 7. The Petitioner Seeks Exemption From The Requirements Of Sections 91.409(a)(l) And 91.409(a)(2). Section 91.409, entitledInspections, subsection (a), states the following: (a) Except as provided in paragraph (c) ofthis section, no person may operate an aircraft unless, withinthepreceding 12 calendarmonths, ithas had
-- (1) An annual inspection in accordance with part 43 of this chapter and has been approved for returnto service byapersonauthorized by§ 43.7 ofthischapter; or (2) An inspection for the issuance of an airworthiness certificate in accordance with part 21 ofthis chapter. Page 7 of25I i -

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j I ,_j 8. The Petitioner Seeks Exemption From The Requirements Of Sections 91.417(a) And 91.417(b). Section 91.417, entitledMaintenance records, subsections (a) and (b), state the following: (a) Except for work performed in accordance with §§ 91.411 and 91.413, each registered owner or operator shall keep the following records for the periods specified in paragraph (b) ofthis section: (1) Records ofthe maintenance, preventive maintenance, and alteration and records of the 100-hour, annual, progressive, and other required or approved inspections, as appropriate, for each aircraft (including the airframe) and each engine, propeller, rotor, and appliance ofan aircraft. The records mustinclude-- (i) A description (or reference to data acceptable to the Administrator) ofthe work performed; and (ii) The date ofcompletionoftheworkperformed; and (iii) The signature, and certificate number ofthe person approving the aircraft for returnto service. (2) Records containingthe following information: (i) The total time in service ofthe airframe, each engine, each propeller, and each rotor.

(ii) The status of life-limited parts ofeach airframe, engine, propeller, rotor, and appliance.

(iii) The time since last overhaul of all items installed on the aircraft which are requiredto be overhauled ona specifiedtime basis. (iv) The current inspection status ofthe aircraft, including the time since the last inspection required by the inspection program under which the aircraft and its appliances are maintained. (v) The current status of applicable airworthiness directives (AD) and safety directives including, for each, the method ofcompliance, the AD or safety directive number and revision date. Ifthe AD or safety directive involves recurring action, the time and date whenthe next action is required.

(vi) Copies ofthe forms prescribed by § 43.9(d) ofthis chapter for each major alteration to the airframe and currently installed engines, rotors, propellers, and appliances. (b) The owner oroperator shall retainthe following records for theperiodsprescribed: (1) The records specified in paragraph (a)(l) ofthis section shall be retained until the workis repeated or supersededby otherworkorfor 1year afterthe workisperformed. Page 8 of25. J J

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i • j (2) The records specified in paragraph (a)(2) of this section shall be retained and transferred withthe aircraft atthe timethe aircraftis 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 returnto service. C. The Extent OfReliefThe Petitioner Seeks And The Reason The Petitioner Seeks The Relief . 1. Extent Of Relief The Petitioner Seeks And The Reason The Petitioner Seeks Relief From Section 61.113(a) And (b). Relief from Section 61.113(a) and (b) entitled Private pilot privileges and limitations: Pilot in command, is requested to the extent necessary to allow a PIC holding a private pilot or higher level certificate, as well as a current and valid airman medical certificate, and who has met certain flighthour and currency requirements, to conduct the 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 pilot may, for compensation or hire, act as PIC of an aircraft in connection with any business or employment if: (1) The flight is only incidental to that business or employment; and (2) The aircraft does notcarrypassengers orpropertyfor compensation orhire. As set forth more fully below, The Petitioner submits that an equivalent level of safety will be maintainedbecause no PIC willbe allowed to operate the DJIPhantom 2 Vision Plus- Version 3 UAS unless that PIC has met certain flight-hour and currency requirements, demonstrating that the PIC is able to safely operate the DJIPhantom 2 Vision Plus
- Version 3 UAS in a manner consistent withthe 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, The Petitioner submits that all flights ofthe DJIPhantom 2 Vision Plus
- Version 3 UAS, conducted by the PIC pursuant to the grant ofthis Petition: (1) will be incidental to The Petitioner's business; and (2) will not carrypassengers orproperty for compensation orhire. 2. Extent Of Relief The Petitioner Seeks And The Reason The Petitioner Seeks Relief From Section 91.7(a). Relieffrom Section 91.7(a) entitled Civil aircraft airworthiness, is requested to the extent required to allow The Petitioner to determine that the DJI Phantom 2 Vision Plus
- Version 3 UAS are in airworthy conditionpriorto every flight by ensuring that the UAS is in compliance withthe operating documents (i.e., The Petitioner Aerial Operations Manual, Monthly Maintenance Log, and DJI Phantom 2 Vision Plus
- Version 3 InstructionManual). The Petitioner seeks the requested reliefbecause the DJIPhantom 2 Vision Plus
- Version 3 UAS do not require an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H. Therefore, The Petitioner will ensure that the DJIPhantom 2 Vision Plus
- Version 3 UAS are in airworthy condition based upon its compliance with the operating documents (i.e., Monthly Maintenance Log, Page 9 of25-' i

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' _j and DJI Phantom User Manual) prior to every flight, and further, determine that the aircraft are in conditionfor safe flight, as stated inthe conditions and limitations below. 3. Extent Of Relief The Petitioner Seeks And The Reason The Petitioner Seeks Relief From Section 91.121. Relieffrom Section 91.121, entitled Altimeter settings, may be required to allow flight operations of the DJIPhantom 2 Vision Plus
- Version 3 UAS, which utilize a barometric pressure sensor, GPS equipment, and a radio communications telemetry data link to downlink altitude information from the UAS to the PIC at the ground control station (GCS). Since the FAA requires that any altitude information concerning UAS operations be reported to air traffic control (ATC) in feet above ground level (AGL), The Petitioner seeks the requested relief because the DJI Phantom 2 Vision Plus
- Version 3 UAS's altimetermaybe set onthe groundto zero feet AGL, ratherthanthe local barometric pressure orfield altitude, before each flight. Considering the limited altitude ofthe proposed operations, relieffrom 14 CFR 91.121 is soughtto 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 theDJIPhantom 2 Vision Plus
- Version 3 UAS are equipped with a barometric pressure sensor and GPS equipment, which automatically ensures that a ground level pressure setting will be established prior to each flight, and providesthe PIC with altitude information ofthe UAS onthe heads-up display ofthe GCS. 4. Extent Of Relief The Petitioner Seeks And The Reason The Petitioner Seeks Relief From 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 battery powered DJIPhantom 2 Vision Plus
- Version 3 UAS during daylight hours in visual meteorological conditions (VMC), under visual flight rules (VFR), for a total duration of20 minutes. The Petitioner seeks the requested reliefbecause without an exemption from Section 91.151(b), the flight time duration ofthe battery powered DJIPhantom 2 Vision Plus
- Version 3 UAS will severely constrain the practicality ofany aerial video or still photo flight operations that The Petitionerproposes to conductpursuantto this Petition. Significantly, as set forth below, the technical specifications of the DJI Phantom 2 Vision Plus
- Version 3 UAS, the DJIPhantom 2 Vision Plus- Version 3 operating documents, and The Petitioner's proposed operating limitations, ensure that The Petitioner will safely operate the battery powered DJI Phantom 2 Vision Plus
- Version 3 UAS during daylight hours in visual meteorological conditions (VMC), under visual flight rules (VFR), with enough battery power to fly for a total duration of20 minutes. 5. Extent Of Relief The Petitioner Seeks And The Reason The Petitioner Seeks Relief From Sections 91.405(a), 91.407(a)(l),91.409(a)(l) & (a)(2), And 91.417(a) & (b). Since Sections 91.405(a), 91.407(a)(l), 91.409(a)(l) & (a)(2), and 91.417(a) & (b) only apply to aircraft with an airworthiness certificate, The Petitionerrequests relieffrom these Sectionsbecause the DJIPhantom 2 Vision Plus
- Version 3 UAS do not require airworthiness certificates. As set forth Page 10 of25more fully below, the DJIPhantom 2 Vision Plus
- Version 3 UAS meet the conditions ofFMRA Section 333 for operation without an airworthiness certificate. Accordingly, The Petitioner will use trained technicians to perform maintenance, alterations, or preventive maintenance on the UAS using
· 1 · the methods, techniques, and practices prescribed in the UAS operating documents (i.e., the Aerial

! , Operations Manual, Monthly Maintenance Log, and DJI Phantom 2 Vision Plus
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__j Instruction Manual). Furthermore, The Petitioner will document and maintain all maintenance records for theDJIPhantom 2 Vision Plus
- Version 3UAS.
D. The Reasons Why Granting The Petitioner Request Would Be In The Public Interest; That Is, How ItWould Benefit ThePublic As A Whole. Granting the present Petition will further the public interest by allowing The Petitioner too safely, efficiently, and economicallyperform aerial video and photography ofreal estate over certain areas of the United States. Additionally, use ofthe DJIPhantom 2 Vision Plus
- Version 3 UAS will decrease congestion ofthe NAS, reduce pollution, and provide significant benefits to the economy. Notably, the benefits ofThe Petitioner's proposed operation of the DJI Phantom 2 Vision Plus
- Version 3 UAS without implicating any privacy issues. 1. ThePublicWillBenefitFrom Decreased Congestion OfTheNAS. The DJIPhantom 2 Vision Plus- Version 3 UAS are battery powered and serve as a safe, efficient, and economical alternative to the manned aircraft traditionally utilized to obtain aerial imagery. By reducing the amount ofmanned aircraft needed to perform aerial acquisitions, an exemption allowing the use ofaDJIPhantom 2 Vision Plus
- Version 3 UAS would reduce the amount ofmanned aircraft inthe NAS, reduce noise and air pollution, as well as increase the safety oflife and property in the air and onthe 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 DJIPhantom 2 Vision PlusVersion 3 UAS 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 of flight operations. 2. The Public Will Benefit From The Safety And Efficiency OfTheDJIPhantom2 Vision Plus
- Version 3 UAS. Conducting aerial acquisitions with the DJI Phantom 2 Vision Plus
- Version 3 UAS, instead of manned aircraft, will greatly benefit the public by drastically reducing the levels of air and noise pollution generated during traditional aerial video and still photography flight operations. By using battery power and electric motors, the DJIPhantom 2 Vision Plus
- Version 3 UAS produce no air pollution, and is the most viable environmentally conscious alternative to the cabin class, six cylinder internal combustion engine aircraft that are typically utilized for aerial video and photography, while burning approximately 20-30 gallons perhour ofleaded aviation fuel. The DJIPhantom 2 Vision Plus Version 3 UAS, while reducing the carbon footprint of aerial acquisitions, also eliminates noise Page 11 of25. 1 j**~** )

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j j pollution, as the UAS are propelled by battery powered electric motors, rather than an internal combustion engine. By using the DJI Phantom 2 Vision Plus
- Version 3 UAS to perform aerial acqms1t10ns, the substantial risk to life and property in the air and on the ground, which is usually associated with traditional manned aircraft flight operations, will be substantially reduced or completely eliminated. Aside from the lack offlight crew members located onboard the aircraft, the DJIPhantom 2 Vision Plus
- Version 3 UAS (weighing approximately 2.8 pounds at their maximum gross weight with diagonal dimension of23.2 inches, and withno fuel onboard), has less physicalpotential for collateral damage to life and property on the ground, and in the air, compared to the manned aircraft that typically conduct similar operations (weighing approximately 6,000 pounds with a wingspan of approximately42 feet, a lengthof34 feet, and a fuel capacity of 180 gallons). 3. PerformingAerialVideo and Photography Operations With TheDJIPhantom2 Vision Plus
- Version 3 VAS WillBenefit The Economy. In addition to being safe and efficient, the DJIPhantom 2 Vision Plus
- Version 3 UAS are also an economical alternative to using manned aircraft to conduct similar aerial operations. As such, operation of the DJI Phantom 2 Vision Plus
- Version 3 UAS will allow United States based companies, like The Petitioner, 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. Operating the battery powered DJI Phantom 2 Vision Plus
- Version 3 UAS is one such technology that not only allows companies greater operational flexibility compared to manned aircraft, but also provides such flexibility without the high operational cost ofa traditional manned aircraft. By operating the DJIPhantom 2 Vision Plus
- Version 3 UAS, companies such as The Petitioner, can remain competitive and profitable, and therefore, provide greater job stability to employees and contractors, which will ultimately contribute to growth of the U.S. economy. Improved financial performance ofU.S. companies, through commercial use ofthe DJIPhantom 2 Vision Plus
- Version 3 UAS, provides a stable workforce that increases consumer spending; improves local, state, and federal tax revenues; and allows companies to invest in research and development in order to remain competitivebothinthe United States and abroad. 4. ThereAreNo PrivacyIssues. Similar to the manned aerial acquisition flight operations that have been conducted for decades, The Petitioner's proposed operation ofthe DJIPhantom 2 Vision Plus- Version 3 UAS will not implicate anyprivacy issues. Specifically, theDJIPhantom 2 Vision Plus
- Version 3 UAS will be operated only in compliance with operating documents (i.e., The Petitioner Aerial Operations Manual, Monthly Maintenance Log, and DJIPhantom 2 Vision Plus
- Version 3 Instruction Manual) which requires property owner involvement as well as local law enforcement notification, and in accordance with the Federal AviationRegulations, includingthe minimum altitude requirements of 14 C.P.R.§ 91.119. E. The Reasons Why Granting TheExemption Would Not Adversely Affect Safety, Or How The Exemption Would Provide A Level Of Safety At Least Equal To That Provided By The Rule From Which The Petitioner Seeks Exemption. Page 12 of25c 1**~** 1 i I j 1 I I**~** J

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'**~_j** 1. Reasons Why TheDJJPhantom 2 Vision Plus - Version 3 VAS Meet The Conditions OfThe FAAModernization 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, The Petitioner's operation ofthe DJIPhantom 2 Vision Plus
- Version 3 UAS meet 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 UAS to operate without airworthiness certification and sets forth requirements for considering whether a UAS will create ahazardto users oftheNAS orthe public, or otherwise pose a threat to national security. Specifically, FMRA Section 333 states the following, in part: (a) In General.--Notwithstanding any other requirement of this subtitle, andnot later than 180 days after the date ofenactment ofthis Act, the Secretary ofTransportation shall determine 

## if certain unmannedaircraftsystems may operate safely in the nationalairspace system before completion of theplan andrulemaking requiredbysection 332 of thisActor the guidance requiredbysection 334 of thisAct. (b) Assessment of Unmanned Aircraft Systems.--In making the determination under subsection (a), the Secretaryshalldetermine, ata minimum-- (1) which types ofunmanned aircraft systems, 

## ifany, as a result oftheir size, weight, speed, operational capability, proximity to airports andpopulated areas, and operation within visual line ofsight do not create a hazard to users ofthe nationalairspace system orthepublic orpose a threatto nationalsecurity; and (2) whether a certificate ofwaiver, certificate ofauthorization, or airworthiness certification under section 44704 of title 49, UnitedStates Code, is required for the operation of unmannedaircraftsystems identifiedunderparagraph (1). (c) Requirementsfor Safe Operation--Ifthe Secretary determines under this section that certain unmannedaircraft systems may operate safely in the national airspace system, the Secretary shall establish requirements for the safe operation of such aircraftsystems in the nationalairspace system. In seeking this exemption, The Petitioner submits that the DJI Phantom 2 Vision Plus
- Version 3 UAS can operate safely in the NAS pursuant to FMRA Section 333, as demonstrated by: (a) the characteristics ofthe DJIPhantom 2 Vision Plus
- Version 3 UAS; (b) without the pilot certification requirement; and (c) withinthe specific operating limitations. a. The Specifications OfTheDJIPhantom2 Vision Plus- Version 3 VAS Demonstrate Its Safe Characteristics. The DJIPhantom 2 Vision Plus
- Version 3 UAS does not create a hazard to users ofthe NAS or the public, or otherwise pose a threat to national security considering its size, weight, speed, and operational capability. i. Technical Specifications OfTheDJIPhantom2 Vision Plus- Version 3 UAS. Page 13 of25c j

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j The technical specifications ofthe DJIPhantom 2 Vision Plus
- Version 3 UAS are set forth by the DJIPhantom 2 Vision Plus- Version 3 UserManual, attachedhereto as Appendix A. ii. TheDJIPhantom2 Vision Plus- Version 3 VAS GlobalPositioningModesEnableThe VAS To RemainWithinA Defined OperationalArea. The DJI Phantom 2 Vision Plus
- Version 3 UAS may be operated in both manual and global positioning flight modes. A complete description of the flight and navigational modes of the DJI Phantom 2 Vision Plus
- Version 3 UAS is provided at pages 11 ofthe DJIPhantom 2 Vision Plus
- Version 3 UserManual attachedhereto as Appendix A. iii. TheDJIPhantom2 Vision Plus
- Version 3 VAS AreDesigned ForAutomaticReturn To HomePointOrHoverInTheEvent OfLoss OfTheControlLinkOrNavigation. Whenthe ControlLinkis lost, the DJIPhantom 2 Vision Plus- Version 3 UAS will remain stationary, in flight, for 3 seconds or more. If, after 3 seconds, the DJIPhantom 2 Vision Plus- Version 3 UAS does not reacquire control link data from the GCS, the UAS will assume that the Control Link is lost and the will return to the home position (i.e., failsafe mode) via GPS, and will descend to the takeoff position and shutdown. A complete description ofthe Failsafe Functions ofthe DJIPhantom 2 Vision Plus
- Version 3 UAS are set forth at pages 12 through 14 ofthe DJIPhantom 2 Vision Plus
- Version 3 User Manual, attachedhereto as Appendix A. iv. TheDJIPhantom2 Vision Plus- Version 3 GCS AndIts Operation. A complete description ofthe operation and specifications ofthe DJIPhantom 2 Vision Plus- Version 3 GCS and flight control software is provided at pages 23 through 29 ofthe DJIPhantom 2 Vision Plus- Version 3 UserManual. TheUserManual is attachedhereto as AppendixA. b. Flight Operations OfDJIPhantom2 Vision Plus- Version 3 VAS Is LimitedToTheLine Of SightOfA CertificatedPilotin CommandWithA Safety Observer. The Petitioner will be the only personto act as a pilot in command (PIC) oftheDJIPhantom 2 Vision Plus- Version 3 UAS. Additionally, a safety observerwill assisthim at all times during flight time. c. Flights OfDJIPhantom2 Vision Plus- Version 3 VAS WillBe ConductedPursuantTo Specific OperatingLimitations. In seeking this exemption, The Petitionerproposesto commercially operateDJIPhantom 2 Vision Plus- Version 3 UAS for the specialpurpose ofconducting aerial video and photography over certain areas ofUnited 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 UAS weighing less than 55 pounds maximum gross weight: DJI Phantom 2 Vision Plus
- Version 3 Unmanned Aircraft Systems. Proposed operations ofany other aircraft will require a new petition or a petition to amendthis grant. 2. UAS operations under this exemption will be limited to conducting operations for the purpose ofaerial video andphotography. Page 14 of25l 1 _j

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- _j 3. The UAS will notbe flown at an indicated airspeed exceeding 10 knots. 4. The UAS will not be operated at an altitude ofno more than 200 feet above ground level (AGL). 5. The UAS will be operated within visual line ofsight (VLOS) ofthePIC at all times. This requires the PIC to be able to use human vision unaided by any device other than corrective lenses. 6. The use of first person view (FPV) by the PIC or safety observer (SO) will not be permitted. 7. All operations will utilize a safety observer (SO). The SO will 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 ortexting will not be permitted during flight operations. The PIC must be designated before the flight and cannot transfer their designation for the duration ofthe flight. The PIC must ensure that the SO canperformthe functions prescribed inthe operating documents. 8. The SO must not perform any other duties beyond assisting the PIC with seeing and avoiding other air traffic and other ground based obstacles/obstructions and will not be permittedto 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 the Administrator upon request. If a discrepancy exists between the conditions and limitations contained in the grant of exemption and the procedures outlined in the operating documents, the conditions and limitations contained in the grant ofexemption take precedence and mustbe followed. Otherwise, the operator must follow the procedures as outlined in its operating documents. The operator may update or revise its operating documents. Itis 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 ifit petitions for extension or amendment to the grant of exemption. If the operator determines that any update or revision would affect the basis upon which the FAA granted the exemption, then the operator must petition for amendmentto its grant ofexemption. The FAA'sUAS Integration Office (AFS-80) may be contactedifquestions arise regarding updates orrevisions to the operating documents.

10. Prior to each flight the PIC must inspect the UAS to ensure that it is in a condition for safe flight. Ifthe inspection reveals a condition that affects the safe operation ofthe UAS, the aircraft is prohibited from operating until the necessary maintenance has been performed and the UAS is found to be in a condition for safe flight. The Ground Control Station must be included in the preflight inspection. All maintenance and alterations must beproperly documented inthe aircraftrecords.

11. Any UAS that has undergone maintenance or alterations that affect the UAS operation or flight characteristics, e.g. replacement of a flight critical component, must undergo a functional test flight. The PIC who conducts the functional test flight must make an entry inthe aircraftrecords. Page 15 of25,-,

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i ' ' j 12. The pre-flight inspection must account for all potential discrepancies, e.g. inoperable components, items, or equipment, not already covered in the relevant sections of the operating documents. 13. The operator must follow the UAS manufacturer's aircraft/component, maintenance, overhaul; replacement, inspection, and life limitrequirements. 14. The operator must carry out its maintenance, inspections, and record keeping requirements, in accordance with the operating documents. Maintenance, inspection, alterations, and status of replacement/overhaul component parts must be noted in the aircraft records, including total time in service, description ofwork accomplished, and the signature ofthe authorizedpersonreturning the UAS to service. 15. Each UAS operated under this exemption must comply with all manufacturer Safety Bulletins. 16. The authorizedpersonmustmake an entry in the aircraft record ofthe corrective action taken against discrepancies discoveredbetween inspections. 17. The operator may not permit any PIC to operate unless the PIC meets the operator's qualification criteria and demonstrates the ability to operate the UAS in a manner consistent with how the UAS will be operated under the exemption, including evasive and emergency maneuvers and maintaining appropriate distances from persons, vessels, vehicles and structures. PIC qualification flight hours must be logged in a manner consistent with 14 C.P.R. § 61.51(b). Flights for the purposes oftraining the operator's PICs are permitted under the terms ofthe exemption. However, training operations may only be conducted during dedicated training sessions. During training, proficiency, and experience-building flights, all persons not essential for flight operations are considered nonparticipants, and the PIC must operate the UAS with appropriate distance from nonparticipants in accordance with 14 C.P.R.§ 91.119. 19. UAS operations may not be conducted during night, as defined in 14 C.P.R.§ 1.1. All operations mustbe conductedunder visual meteorological conditions (VMC). 20. The UAS will not operate within 5 nautical miles of an airport reference point as denoted on a current FAA-published aeronautical chart unless a letter ofagreement with that airport's management is obtained, and the operation is conducted in accordance with a NOTAM as required by the operator's COA. The letter of agreement with the airport managementmust be made available to the Administratoruponrequest. 21. The UAS may not be operated less than 500 feet below or less than 2,000 feet horizontally from a cloud orwhen visibility is less than 3 statute miles from the PIC. 22. If the UAS loses communications or loses its GPS signal, it must return to a predetermined location within the planned operating area and land or be recovered in accordance withthe operating documents. 23. The PIC must abort the flight in the event ofunpredicted obstacles or emergencies in accordance withthe operating documents. Page 16 of25' J

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### I ·-I 24. The PIC is prohibited from beginning a flight unless (considering wind and forecast weather conditions) there is enough power to fly at normal cruising speed to the intended landing point and landthe UAS with 25%batterypowerremaining. 25. All aircraft operated in accordance with the exemption must be identified by serial number, registered in accordance with 14 C.P.R. part 47, and have identification (NNumber) markings in accordance with 14 C.P.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 ofthe UAS must comply with the Federal Communications Commission (FCC) or other appropriate government oversight agency requirements. 28. The documents required fewer than 14 C.P.R. 91.9 and 91.203 must be available to the PIC at the Ground Control Station of the UAS any time the UAS is operating. These documents must be made available to the Administrator or any law enforcement official uponrequest. 29. The UAS must remain clear and yield the right of way to all manned aviation operations and activities at all times. 30. The UAS may not be operatedbythe PIC from any moving device or vehicle. 31. Flight operations must be conducted at least 500 feet from all nonparticipating persons (persons other than the PIC, SO, operator trainees or essential persons), vessels, vehicles, and structures unless: a. Barriers or structures are present that sufficiently protect nonparticipating persons from the UAS and/or debris in the event ofan accident. The operator must ensure that nonparticipating persons remain under such protection. If a situation arises where nonparticipating persons leave such protection and are within 500 feet ofthe UAS, flight operations must cease immediately and/or; b. The aircraft is operated near vessels, vehicles or structures where the owner/controller of such vessels, vehicles or structures has granted permission and the PIC has made a safety assessment ofthe risk ofoperating closerto those objects and determinedthat it does notpresent an undue hazard, and; c. Operations nearer to the PIC, SO, operator trainees or essential persons do not present anundue hazardto those persons per§ 91.119(a). 32. All operations shall be conducted over private or controlled-access property with permission from the land owner/controller or authorized representative. Permission from land owner/controller or authorized representative will be obtained for each flight to .be conducted. 33. 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 UAS Integration Office (AFS-80) within 24 hours. Accidents must be reported Page 17 of25

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. l to the National Transportation Safety Board (NTSB) per instructions contained on the NTSB Web site: www.ntsb.gov. 2. Reasons Why An Exemption From The Requirements Of Section 61.113(a) And (b) Would NotAdversely Affect Safety. The Petitioner submits that the equivalent level ofsafety established by Section 61.113(a) and (b) will be maintained because no PIC will be allowed to operate the 

### DJIPhantom 2 Vision Plus- Version 3 UAS unless that PIC has demonstrated, by meeting minimum flight-hour and currency requirements, that the PIC is able to safely operate the 

### DJIPhantom 2 Vision Plus
- Version 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 The Petitioner's proposed area of operations, and the operating limitations set forthabove; the parallel nature ofprivate pilot aeronautical knowledge requirements to those ofcommercial pilot requirements (See Exemption No. 11062); and the airmanship skills necessary to safely operate the 

### DJIPhantom 2 Vision Plus
- Version 3 UAS, The Petitioner submits that the additional manned airmanship experience ofa commercially certificatedpilot would not correlate to the airmanship skills necessary for The Petitioner'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, to those presented herein (e.g. Exemption Nos. 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110, 11112, 11136, 11138, 11150, 11153, 11156, 11158, 11159, 11160, 11161). The Petitioner will not allow any PIC to operate the 

### DJIPhantom 2 Vision Plus
- Version 3 UAS unless that PIC has demonstrated, by meeting minimum flight-hour requirements or the 

### DJIPhantom 2 Vision Plus
- Version 3 UAS training and currency requirements, that the PIC is able to safely operate the 

### DJIPhantom 2 Vision Plus
- Version 3 UAS in a manner consistent withthis exemption, including evasive and emergency maneuvers and maintaining appropriate distances from people, vessels, vehicles and structures. Specifically, the PIC must have accumulated and logged, in a manner consistent with 14 C.F.R. § 61.51(b), 25 hours oftotaltime as a UAS rotorcraftpilot (with a minimum of5hours ofthosehours as a UAS pilot operating the same make and model of UAS to be used for operations under the exemption). In addition to the hour requirements, the PIC must accomplish three (3) takeoffs and landings inthe preceding 90 days (for currencypurposes). As inExemptionNos. 11062, 11138, and 11153, prior documented flight experience that was obtained in compliance with applicable regulations will ensure an equivalent level of safety during The Petitioner's proposed operations. The Administrator has held that prior documented flight experience that was obtained in compliance with applicable regulations would ensure safe operations, stating as follows: In ExemptionNo. 11062, the FAA required thatpriorto conducting operations for the purpose ofmotion picture filming (or similar operations), the PIC must have accumulated and logged, in a manner consistent with 14 CFR 61.51(b), 25 hours oftotal time as a UAS rotorcraft pilot Page 18 of25-' I J

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'**~j** including at least 10 hours logged as a UAS pilot with a multi-rotor UAS. Prior to operations under ExemptionNo. 11062, the PIC must also have accumulated and logged a minimum of5 hours as a UAS pilot operating the same make and model ofUAS to be used for operations under the exemption. For clarification, the FAA considers these minimum hour requirements to be inclusive rather than additive; i.e. 5 hours make and model time may be included in the 10 hours ofmulti-rotor time and the 10 hours may be included in the total 25 hours ofUAS rotorcraft time. In addition to the hour requirements, the PIC must accomplish three (3) takeoffs and landings inthepreceding 90 days (for currencypurposes). The FAA finds that at a minimum, the flight-hour requirements in Exemption No. 11062 are appropriate to practice and build proficiency in the skills necessary to safely conduct the petitioner's proposed operations. The FAA also finds that prior documented flight experience that was obtained in compliance with applicable regulations would satisfy this requirement. Training, proficiency, and experience-building flights can also be conducted under the grant of exemption to accomplish the required flight time. During training, proficiency, and experience-building flights the PIC is requiredto operate the UAS with appropriate distances in accordance with 14 C.F.R 91.119. ExemptionNo. 11138 atpage 15. Accordingly, The Petitioner will ensure safe operations by not allowing any PIC to operate the DJI Phantom 2 Vision Plus
- Version 3 UAS unless that PIC has demonstrated, by meeting minimum flight-hour and currency requirements, thatthe PIC is able to safely operate the DJIPhantom 2 Vision Plus
- Version 3 UAS in a manner consistent with the exemption, including evasive and emergency maneuvers and maintaining appropriate distances from people, vessels, vehicles and structures. 3. Reasons Why An Exemption From The Requirements Of Section 91.7(a) Would Not Adversely Affect Safety. The equivalent level ofsafety established by Section 91.7(a) will be maintainedbecausepriorto every flight, The Petitioner will ensure that the DJI Phantom 2 Vision Plus
- Version 3 UAS is in an airworthy condition based upon the UAS's compliance with its operating documents and as stated in the conditions and limitations herein. Additionally, the FAA has previously granted relief from Section 91.7(a) specific to UAS, in circumstances similar, in all material respects, to those presented herein (e.g. Exemption Nos. 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110, 11112, 11136, 11138, 11150, 11153, 11156, 11157, 11158, 11159, 11160, 11161). 4. Reasons Why An Exemption From The Requirements Of Section 91.121 Would Not Adversely Affect Safety. The equivalent level of safety established by Section 91.121 will be maintained because the altitude information ofthe DJIPhantom 2 Vision Plus
- Version 3 UAS will be provided to the PIC via GPS equipment and a radio communications telemetry data link, which downlinks from the UAS to the GCS for active monitoring ofthe flight path and altitude. This altitude information, combined with Page 19 of25'j

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-' The Petitioner's operation ofthe DJIPhantom 2 Vision Plus
- Version 3 UAS within visual line of sight, at or below 200 feet AGL, will ensure a level of safety equivalent to Section 91.121. The altitude information will be generated by GPS equipment installed onboard the aircraft. Prior to each flight, a zero altitude initiationpointis automatically establishedbythe UAS at ground level. The FAAhas 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 Of Section 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) because of (1) the technical specifications ofthe DJIPhantom 2 Vision Plus- Version 3 UAS; (2) the limitations on the proposed flight operations; and (3) the location ofthe proposed flight operations. Accordingly, The Petitioner will ensure that it will safely operate the batterypoweredDJI Phantom 2 Vision Plus
- Version 3 UAS during daylighthours inVFRconditions, with enough battery powerto fly for atotal duration of20 minutes. Here, as in Exemption No. 11109, the technical specifications ofthe DJIPhantom 2 Vision Plus
- Version 3 UAS; the limitations on the proposed flight operations; and the location ofthe proposed operations, will ensure an equivalent level of safety established by 14 C.F.R. Section 91.151(b). Furthermore, safety will be ensured as the DJI Phantom 2 Vision Plus
- Version 3 UAS provide audible and visual warnings to the PIC at the GCS when the UAS experiences lowbatteryvoltage, 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 DJIPhantom 2 Vision Plus
- Version 3UAS will descend and land automatically. Significantly, previous exemptions granted by the FAA concerning Section 91.151 establish that safety is not adversely affected whenthe technical characteristics and operating limitations ofthe UAS are considered. Relief has been granted for manned aircraft to operate at less than the minimums prescribed in Section 91.151, including Exemption Nos. 2689, 5745, and 10650. Moreover, the FAA has previously granted relief from Section 91.151 specific to UAS, in circumstances similar, in all material respects, to those presented herein (e.g. Exemption Nos. 8811, 10808, 10673, 11042, 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110, 11136, 11138, 11150, 11153, 11156, 11157, 11158, 11159, 11160, 11161). 6. Reasons Why An Exemption From The Requirements Of Sections 91.405(a), 91.407(a)(l), 91.409(a)(l) & (a)(2), And 91.417(a) & (b) Would Not Adversely Affect Safety. In seeking this exemption, The Petitioner submits that the equivalent level ofsafety withregard 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 The Petitioner will use trained Page 20 of25i _)

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- _j technicians to perform maintenance, alterations, or preventive maintenance on the UAS using the methods, techniques, and practices prescribed in the operating documents (i.e., The Petitioner Aerial Operations Manual, Monthly Maintenance Log, and DJI Phantom 2 Vision Plus
- Version 3 Instruction Manual). Furthermore, The Petitioner will document and maintain all maintenance records for the DJIPhantom 2 Vision Plus
- Version 3 UAS. Sincethe DJIPhantom 2 Vision Plus- Version 3 UAS will be inspected as prescribedbythe operating documents, The Petitioner will maintain the equivalent level of safety established by Sections 91.405(a), 91.409(a)(l), and 91.409(a)(2). A copy oftheDJIPhantom 2 Vision Plus- Version 3 User Manual is attached hereto as Appendix A; a copy ofthe DJIPhantom 2 Vision Plus- Version 3 UAS Maintenance LOG is attachedhereto as AppendixB. Likewise, the exemption sought will not adversely affect safetybecause The Petitionerwill use trained technicians to perform maintenance, alterations or preventive maintenance on the UAS using the methods, techniques, and practicesprescribedbythe operating documents. Furthermore, the exemption sought would maintain an equivalent level of safety established by Sections 91.407, 91.417(a) and 91.417(b), because all maintenance ofthe DJIPhantom 2 Vision PlusVersion 3 UAS will be performed by trained technicians. Maintenance will be documented and maintainedutilizingthe 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 ofThe Petitioner's proposed operating limitations, the operating documents, and the technical aspects ofthe DJIPhantom 2 Vision Plus
- Version 3 UAS, The Petitioner 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). The FAA has previously granted relief specific to UAS in circumstances similar, in all material respects, to those presented herein (e.g. Exemption Nos. 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110, 11112, 11136, 11138, 11150, 11153, 11156, 11157, 11158, 11159, 11160, 11161). 7. The FAAMay PrescribeAny Other Conditions ForSafe Operation. In accordance with Section 333 ofthe FAA Modernization and Reform Act of2012 (FMRA) and 14 C.F.R. § 21.16 entitled Special Conditions, The Petitioner requests that the FAA prescribe special conditions for the intended operation of the DJI Phantom 2 Vision Plus
- Version 3 UAS, which contain such safety standards that the Administrator finds necessary to establish a level of safety equivalent to that established by 14 C.F.R. Part 21, Subpart H, and 14 C.F.R §§ 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), and 91.417(a) & (b). Such special conditions will permit safe operation ofthe UAS for the limited purpose ofconducting aerial video and photography over certain areas of the United States for compensation or hire. FMRA Section 333 sets forth the requirements for considering whether a UAS will create a hazardto users of the NAS or the public, or otherwise pose a threat to national security; and further, provides the authority for such UAS to operate without airworthiness certification in accordance with any requirements thatmustbeestablished for the safe operation ofthe UAS intheNAS. Page 21 of25

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i _) Likewise, the Administrator may prescribe special conditions pursuant to 14 C.F.R. § 21.16, for operation ofthe DJIPhantom 2 Vision Plus- Version 3 UAS, since the airworthiness regulations of 14 C.F.R. Part 21 do not contain adequate or appropriate safety standards, due to the novel or unusual design features 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 of the aircraft, aircraft engine or propeller, he prescribes special conditions and amendments thereto for the product. The special conditions are issued in accordance with Part 11 of this chapter and contain such safety standards for the aircraft, aircraft engine or propeller as the FAA finds necessary to establish a level ofsafety equivalent to that established inthe regulations. See 14 C.P.R.§ 21.16. Therefore, in accordance with FMRA Section 333 and 14 C.P.R. § 21.16, the FAA may prescribe special conditions for Leading Edge's intended operation ofthe DJIPhantom 2 Vision Plus- Version 3UAS, which contain such safety standards that the Administrator finds necessary to establish a level of safety equivalent to that established by 14 C.P.R. Part 21, Subpart H, and 14 C.F.R Sections 61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(l) & (a)(2), and 91.417(a) & (b). • A Summary That Can Be Published In The Federal Register, stating: The Rules From Which ThePetitioner Seeks Exemption: The Petitioner seeks exemptionfrom the requirements of14 C.FR 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 BriefDescription OfTheNature OfThe Exemption ThePetitioner Seeks: This exemption will permit The Petitioner to commercially operate an Unmanned Aircraft System (UAS)for thepurpose of conducting aerial video andphotography over certain areas of the UnitedStates. • Any Additional Information, Views, Or Arguments Available To Support The Petitioner's Request. This Petition is made pursuant to the FAA Modernization and Reform Act of2012 (FMRA) Section 333, which directs the Secretary ofTransportation to determine ifcertain UAS may operate safely in the NAS. As such, The Petitioner's request for exemption may be granted pursuantto the authority ofFMRA Section 333 and 14 C.P.R. Part 11, as setforth above. FMRA Section 333 sets forth the requirements for considering whether 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. Page 22 of25

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I J**~_j** As discussed in detail above, The Petitioner will operate the DJIPhantom 2 Vision Plus
- Version 3 UAS safely in the NAS, without creating a hazard to users ofthe NAS, or the public, or otherwise pose athreatto national security. CONCLUSION As set forth herein, The Petitioner seeks an exemption pursuant to 14 C.F.R. § 11.61 and Section 333 ofthe FAA Modernization and Reform Act of2012 (FMRA), which will permit safe operation ofthe DJIPhantom 2 Vision Plus
- Version 3 UAS commercially, without an airworthiness certificate, for the limitedpurpose 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 of2012, while also advancing the interests ofthe public, by allowing The Petitionerto safely, efficiently, and economically operate theDJIPhantom 2 Vision Plus

- Version 3 UAS commercially withintheNAS. WHEREFORE, in accordance with the Federal Aviation Regulations and the FAA Modernization and Reform Act of2012, Section 333, The Petitionerrespectfully requests thatthe Administrator grant this Petition for an exemption from the requirements of 14 C.F.R Sections 61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(l), 91.409(a)(1) & (a)(2), and 91.417(a) & (b), and permit Leading Edge to operate the DJI Phantom 2 Vision Plus
- Version 3 UAS commercially for the purpose ofconducting aerial video and photography over certain areas ofthe United States. Dated: July 14,2015 Respectfully submitted,

# ~~~~ttl Eugene F. Wade. Broker Eugene F. Wade Realty, LLC 3103 Quail Run Drive Round Rock, TX 78681-1240 P-512.259.1775 F-512.579.4255 Frank@EFrankWade.com

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## J Appendices A
ClickHere DJIPhantom 2 Vision Plus- Version 3 UserManual Or Enterthe following into your Internet Browser http://download.djiinnovations.com/downloads/phantom _2_vision _plus/en/Phantom_ 2_Vision _Plus_ User_ Manual_ vl.8_ en.pdf

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## Appendices B 

# UAS Maintenance Log DJI Phantom 2 Vision Plus- V 3.0 Serial Number PH6454733773 V3.0 

## Registration Marks N-7277

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