UNITED STATES OF AMERI CA
DEPARTMENT OF TRANSPORTATION
FEDERAL AVIATION ADMINISTRATION

WASHI NGTON, DC

Regulatory

Docket No. _______________

**IN THE MATTER OF THE PETITION FOR EXEMPTION OF:**

**ALON SICHERMAN FOR AN EXEMPTION SEEKING RELIEF FROM THE REQUIREMENTS OF** 

**TITLE 14 OF THE CODE OF FEDERAL REGULATIONS SECTIONS 61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1),**  **91.409(a)(1) & (a)(2), AND 91.417(a) & (b) CONCERNING COMMERCIAL OPERATION**  **OF DJI Phantom 2 AND DJI INSPIRE 1 UNMANNED AIRCRAFT**  **SYSTEMS PURSUANT TO SECTION 333 OF**  **THE FAA MODERNIZATION AND REFORM ACT OF 2012**

**(PUBLIC LAW 112**

**- 95)** 

**Submitted on March 12, 2015**
ALON SI CHERMAN 39 Claremont ave apt 41New York, NY 10027
917 796 22 93 alon.sicherman@gmail.com

**TABLE OF CONTENTS** Page
GLOSSARY OF ABBREVIATIONS...................................................................................3

SUMMARY...................................................................................................................... .....4

IN TRODUCTION AND INTERESTS OF PETITIONER....................................................4

BACKGROUND................ ....................................................................................................4

BASI S FOR PETITION.........................................................................................................5

NAME AND ADDRESS OF PETIT IO NER.............................................................7
THE SPECI FI C SECTIONS OF 14 C.F.R. FROM WHI CH ALON SI CHERMAN SEEKS EXEMPTI ON.................................................................8
THE EXTENT OF RELIEF ALON SICHERMAN SEEKS A ND THE REASON ALON SI CHERMAN SEEKS THE RELIEF.........................11 THE REASONS WHY GRANTING ALON SICHERMAN’S REQUEST WOUL D BE IN THE PUBLIC INTEREST .........................................................15THE REASONS WHY GRANTING THE EXEMPTI ON WOULD NOT ADVERSELY AFFECT SAFETY..........................................................................19
SUMMARY THAT CAN BE PUBLISHED IN THE FEDERAL REGI STER......34 ANY ADDITIONAL INFORMATION, VIEWS, OR ARGUMENTS AVAILABLE TO SUPPORT ALON SI CHERMAN’S REQUES T.........34
CONCLUSION................................................................................................................... .35
APPENDI CES........................................................................................37

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

**SUMMARY**
ALON SI CHERMAN seeks exe mption from the requirements of 14 C.F.R §§ 61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b), to operate an Unmanned Aircraft Sy stem pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (FMRA). This exemption will permit AL ON SI CHERMAN to operate an Unmanned Aircraft Sy stem (UAS) for the commercial purpose of conducting aerial video and photography of construction sites, real estate, and landscape over certain areas of the Un ited States.

**INTRODUCTION AND INTERESTS OF THE PETITIONER**
ALON SI CHERMAN provides his clients with expertise and knowledge in advanced technologies and solutions to increase efficiency , productivity and effectiveness. ALON SI CHERMAN has hundreds of hours fl yi ng experience. He has over 10 y ears recreational/hobb y experience in all aspects of aerial video and photography. The objective of ALON SICHERMAN and his aerial operations is to provide high quality imaging for a variet y of commercial, public, and res idential uses, specificall y targeting:

• Construction sites before and after

• Appraisals• Real

- estate marketing

• Motion Picture Filming

• Aerial acquisitions used for inspections of public and private structures.

• Search and Rescue operations

**BACKGROUND** Unmanned Aircraft Sy stems: DJIPhantom 2, DJ I Inspire 1 UASs
ALON SI CHERMAN seeks an exemption to operate DJ I sy stems for compensation or hire within the NAS. The DJ I Phantom 2 and DJI I nspire 1 are vertical takeoff and landing (VTOL) Unmanned A ircraft (UA) with a Ground Control Station (GCS) utilizing electronic tablet or smart phone sy stems. The DJ I Phantom 2 has a maximum gross weight of approximately

2 pounds 11 ounces, while having a length of 16 inches width of 16 inches, height of 8 inches , and a maximum speed of approximately 29 knots. The DJ I Inspire 1 has a maximum gross weight of 6 pounds 7.5 ounces, a length of 17.3 inches, width of 17.7 inches, height of 11.8 inches, and a maximum speed of approximately 42 knots. The DJ I Phantom 2 and DJ I Inspire 1UAs are equipped with four main rotors; driven by L ithium Poly

mer battery

powered electric motors. The DJ I Phantom 2 and DJII nspire 1 UAs that will be operated by ALON SI CHERMAN will be registered in accordance with 49 U.S.C. 44103, Registration of Aircraft , as well as 14 C.F.R Part 47, Aircraft Registration , and marked in accordance with 14 C.F.R. Part 45, Identification and Registration Marking

. **BASIS FOR PETITION** Petitioner, AL ON SI CHERMAN, pursuant to the provisions of the Federal Aviat ion Regulations (14 C.F.R. § 11.61) and the FAA Modernization and Reform Act of 2012 (FMRA), Section 333, Special Rules for Certain Unmanned Aircraft Systems , hereb y petitions the Administrator to commerciall y operate the DJ I Phantom 2, DJI Inspire 1 UASs in the National Airspace S ys tem (NAS), and for an exemption from the requirements of 14 C.F.R §§ 61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b). In consideration of the speed, weight, size, and limited operating area associated with the unmanned aircraft and its operation, ALON SICHERMAN operation of DJI Phantom 2 and DJ I Inspire 1 UASs meets the conditions of FMRA Section 333 and therefore, will not require an airworthiness certificate in a ccordance with 14 C.F.R. Part 21, Subpart H.Accordingl y, ALON SI CHERMAN requests relief from Sections 91.405(a), 91.407(a)(1),

91.409(a)(1) & (a)(2), and 91.417(a) & (b), as these sections set forth requirements for maintenance that onl y apply to aircraf t with an airworthiness certificate.
ALON SI CHERMAN submits that the requested relief is proper since an equivalent level of safet y will be ensured. ALON SI CHERMAN will use experienced personnel or technicians to perform maintenance, alterations, or preve ntive maintenance on the UASs using the methods, techniques, and practices prescribed in the operating documents (i.e., Monthly Maintenance Log, and DJ I Phantom 2 and DJII nspire 1 Instruction Manual). Furthermore, ALON SI CHERMAN will document and maintain all maintenance records for the DJ I Phantom 2 and DJII nspire 1 UASs. Relief from certain requirements of Section 61.113(a) and (b), entitled Private pilot privileges and limitations: Pilot in command, is requested by ALON SICHERMAN to the extent necessary

to allow a Pilot in Command (PIC) holding a private pilot or higher level certificate, as well as an airman medical certificate, and who has demonstrated, b y meeting minimum flight

- hour and currency requirements, that the PI C is able to safely operate the DJIPhantom 2 and DJ I Inspire 1 UASs in a manner consistent with this exemption, including evasive and emergency maneuvers and maintaining appropriate distances from people, vessels, vehicles and structures.
ALON SI CHERMAN seeks relief from Section 91 .7(a), entitled Civil aircraft airworthiness , because the DJ I Phantom 2 and DJ I In spire 1 UASs do not require an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H. As such, ALON SI CHERMAN submits that he will ensure that the DJ I Phantom 2 and DJ I In spire 1UASs are in an airworthy

condition, prior to every

flight, by determining that the UASs are in compliance with the operating documents (i.e., Monthly Maintenance Log, and DJ I Phantom 2 and DJII nspire 1 Instruction Manual), and that the aircraft are in a condition for safe flight.
ALON SI CHERMAN also seeks an exemption from the requirements of Section 91.121, entitled Altimeter Settings , as the DJ I Phantom 2 and DJII nspire 1 UAs will not have a ty pical barometric altimeter onboard. However, altitude information of the DJI Phantom 2 and DJ I Inspire 1UAs will be provided to the PI C via Global Positioning Sy stem (GPS) equipment and radio communications telemetry data link, which downlinks from the UA to the GCS for active monitoring of the flight path. This altitude information, c ombined with ALON SI CHERMAN’s operation of the DJ I Phantom 2 and DJII nspire 1 UASs within visual line of sight, at or below 500 feet AGL, will ensure a level of safet y equivalent to Section 91.121. Additionally , ALON SICHERMAN seeks an exemption from the requirements of Section 91.151(b), entitled Fuel requirements for flight in VFR conditions . AL ON SI CHERMANsubmits that safety will not be affected by

operation of the DJ I Phantom 2 and DJII nspire 1 UAs during daylight hours in visual meteorological cond itions (VMC) under visual flight rules (VFR), with enough battery power to fly

for a total duration of approximately 13.5 minutes to the first point of intended landing and, assuming normal cruising speed, to fl y after that for at least 4.5 minutes.
In ac cordance with 14 C.F.R. § 11.81, ALON SICHERMAN provides the following information in support of its petition for exemption: **A. Name And Address Of The Petitioner.**  The name and address of the Petitioner and point of contact is:
ALON SI CHERMAN 39 Claremont ave apt 41 New York, NY 10027
917 796 2293 alon.sicherman@gmail.com

**B. The Specific Sections Of 14 C.F.R. From Which ALON SICHERMAN Seeks Exemption.**  **1. ALON SICHERMAN Seeks Exemption From The Requirements Of Section 61.113(a) And (b).**  Section 61.113, e ntitled Private pilot privileges and limitations: Pilot in command, subsections (a) and (b) prescribe the following, in relevant part: (a) No person who holds a private pilot certificate may act as a pilot in command (PI C) of an aircraft that is carrying passengers or propert y for compensation or hire; nor may that person, for compensation or hire, act as PI C of an aircraft. (b) A private pilot may , for compensation or hire, act as PIC of an aircraft in connection with an y business or emplo ym ent if

— (1) The flight is only

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

for compensation or hire.**2. ALON SICHERMAN Seeks Exemption From The Requirements Of Section 91.7(a).**  Section 91.7, entitled Civ il aircraft airworthiness , subsection (a), states the following: (a) No person may

operate a civil aircraft unless it is in an airworthy condition.
**3. ALON SICHERMAN Seeks Exemption From The Requirements Of**  **Section 91.121.**

Section 91.121, entitled Alti meter settings , subsection (a), states the following, in part: (a) Each person operating an aircraft shall maintain the cruising altitude or flight level of that aircraft, as the case may be, b y reference to an altimeter that is set, when operating

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

--

(i) The current reported altimeter setting of a station along the route and within 100 nautical miles of the aircraft; (ii) If there is no station within the area prescribed in paragraph (a)(1)(i) of this section, the current reported altimeter setting of an appropriate available station; or (iii) In the case of an aircraft not equipped with a radio, the elevation of the departure airport or an appropriate altimeter setting available before departure.
**4. ALON SICHERMAN Seeks**  **Exemption From The Requirements Of Section 91.151(b).**  Section 91.151, entitled Fuel requirements for flight in VFR conditions , subsection

(b), states the following:

(b ) No person may begin a flight in a rotorcraft under VFR conditions unless (considering wind and forecast weather conditions) there is enough fuel to flyto the first point of intended landing and, assuming normal cruising speed, to fly after that for at least 20 minutes.
**5. ALON SICHERMAN Seeks Exemption From The Requirement Of**  **Section 91.405(a).** Section 91.405, entitled Maintenance required, subsection (a), states the following: Each owner or operator of an aircraft

— (a) Shall have that aircraft insp ected as prescribed in subpart E of this part and shall between required inspections, except as provided in paragraph (c) of this section, have discrepancies repaired as prescribed in part 43 of this chapter[.] **6. ALON SICHERMAN Seeks Exemption From The R equirements Of**  **Section 91.407(a)(1)** Section 91.407, entitled Operation after maintenance, preventive maintenance, rebuilding, or alteration , subsection (a)(1), states the following: (a) No person may

operate any

aircraft that has undergone maintenance, preventive maintenance, rebuilding, or alteration unless

-- (1) It has been approved for return to service b y a person authorized under § 43.7 of this chapter[.]
**7. ALON SICHERMAN Seek s Exemption From The Requirements Of**  **Sections 91.409(a)(1) And 91.409(a)(2).** Section 91.409, entitled Inspections , subsection (a), states the following:

(a) Except as provided in paragraph (c) of this section, no person may operate an aircraft unless, wi thin the preceding 12 calendar months, it has had

-- (1) An annual inspection in accordance with part 43 of this chapter and has been approved for return to service b y a person authorized by § 43.7 of this chapter; or (2) An inspection for the issuance o f an airworthiness certificate in accordance with part 21 of this chapter. **8. ALON SICHERMAN Seeks Exemption From The Requirements Of Sections 91.417(a) And 91.417(b).** Section 91.417, entitled Maintenance records , subsections (a) and (b), state the follo wing: (a) Except for work performed in accordance with §§ 91.411 and 91.413, each registered owner or operator shall keep the following records for the periods specified in paragraph (b) of this section: (1) Records of the maintenance, preventive mainten ance, 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 of an aircraft. The records must include

-- (i) A description (or reference to data acceptable to the Administrator) of the work performed; and (ii) The date of completion of the work performed; and

(iii) The signature, and certificate number of the person approving the aircraft for return to service. (2) Records containing the following information:

(i) The total time in service of the airframe, each engine, each propeller, and each rotor. (ii) The current status of life

- limited parts of each airframe, engine, propeller, rotor, and a

ppliance. (iii) The time since last overhaul of all items installed on the aircraft which are required to be overhauled on a specified time basis. (iv) The current inspection status of the aircraft, including the time since the last inspection required b y the inspection program under which the aircraft and its appliances are maintained. (v) The current status of applicable airworthiness directives (AD) and safet y directives including, for each, the method of compliance, the AD or safet y directive number and revision date. If the AD or safet y directive involves recurring action, the time and date when the next action is required. (vi) Copies of the forms prescribed b y § 43.9(d) of this chapter for each major alteration to the airframe and currentl y instal led engines, rotors, propellers, and appliances.(b) The owner or operator shall retain the following records for the periods prescribed: (1) The records specified in paragraph (a)(1) of this section shall be retained until the work is repeated or superseded b y other work or for 1 ye ar after the work is performed. (2) The records specified in paragraph (a)(2) of this section shall be retain ed and transferred with the aircraft at the time the aircraft is sold. (3) A list of defects furnished to a registered owner or operator under § 43.11 of this chapter shall be retained until the defects are repaired and the aircraft is approved for return to service.
**C. The Extent Of Relief ALON SICHERMAN Seeks And The Reaso n ALON**  **SICHERMAN Seeks The Relief.**
**1. Extent Of Relief ALON SICHERMAN Seeks And The Reason ALON SICHERMAN 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 comma nd, 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 flight

- hour and currency requirements, to conduct the proposed U AS flight operations for compensation or hire. This relief is requested since the limitations set forth in Section 61.113(a) and (b) state that a private pilot may , for compensation or hire, act as PI C of an aircraft in connection with any business or emp loy

ment if: (1) The flight is only incidental to that business or employ ment; and (2) The aircraft does not carry passengers or property

for compensation or hire. As set forth more full y below, ALON SICHERMAN submits that an equivalent level of safet y wil l be maintained because no PIC will be allowed to operate the DJ I Phantom 2 UAS or DJ I Inspire 1 UAS unless that PI C has met certain flight

- hour and currency requirements, demonstrating that the PIC is able to safel y operate either the DJI Phantom 2 or DJ I Inspire 1 UAS in a manner consistent with the operations specifications as described in this exemption, including evasive and emergency maneuvers, as well as maintaining appropriate distances from people, vessels, vehicles and structures. Further, ALON SI CHERMAN submits that all flights of the DJ I Phantom 2 and DJ I Inspire 1 UASs, conducted by the PI C pursuant to the grant of this Petition: (1) will be incidental to ALON SI CHERMAN’s business; and (2) will not carry passengers or propert y for compensation o r hire.**2. Extent Of Relief ALON SICHERMAN Seeks And The Reason ALON SICHERMAN Seeks Relief From Section 91.7(a).** 

Relief from Section 91.7(a) entitled Civil aircraft airworthiness , is requested to the extent required to allow ALON SI CHERMAN to determine that the DJ I Phantom 2 and DJ I Inspire 1 UASs are in airworthy condition prior to every

flight by ensuring that the UAS is in compliance with the operating documents (i.e., the ALON SICHERMAN Aerial Operations Manual, Monthly Maintenance Log, and DJIPhantom 2 and DJII nspire 1 Instruction Manual).
ALON SI CHERMAN seeks the requested relief because the DJ I Phantom 2 and DJ I Inspire 1 UASs do not require an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H. Therefore, ALON SICHERMAN will ensure that the DJIPhantom 2 and DJ I Inspire 1 UASs are in airworth y condition based upon its compliance with the operating documents (i.e., Monthly Maintenance Log, and DJ I Phantom 2 and DJII nspire 1 Instruction Manual) prior to every flight, and f

urther, determine that the aircraft are in condition for safe flight, as stated in the conditions and limitations below.

**3. Extent Of Relief ALON SICHERMAN Seeks And The Reason ALON SICHERMAN Seeks Relief From Section 91.121.** 

Relief from Section 91.121, entitled Altimeter settings , may be required to allow flight operations of the DJ I Phantom 2 and DJII nspire 1 UASs, which utilize a barometric pressure sensor, GPS equipment, and a radio communications telemetry data link to downlink altitude information from the UA to the PI C at the ground control station (GCS). Since the FAA requires that an y altitude information concerning UAS operations be reported to air traffic control (ATC) in feet above ground level (AGL), ALON SI CHERMAN seeks the requested relief because the DJ I Phantom 2 and DJII nspire 1 UA’s altimeter may

be set on the ground to zero feet AGL, rather than the local barometric pressure or field altitude, before each flight. Considering the limited altitude of the proposed operations, relief from 14 CFR 91.121 is sought to the extent necessary to comply

with the applicable conditions and limitations stated below. As more fully set forth herein, an equivalent level of safet y will be maintained since the DJ I Phantom 2 and DJII nspire 1 UAs are equip ped with a barometric pressure sensor and GPS equipment, which automatically ensures that a ground level pressure setting will be established prior to each flight, and provides the PIC with altitude information of the UA on the heads

- up display of the GCS.**4. Extent Of Relief ALON SICHERMAN Seeks And The Reason ALON SICHERMAN Seeks Relief From Section 91.151(b).** 

Relief from Section 91.151(b) entitled Fuel requirements for flight in VFR conditions , is requested to the extent required to allow flights of the battery powered DJ I Phantom 2 and DJII nspire 1 UAs during day light hours in visual meteorological conditions (VMC), under visual flight rules (VFR), for a total duration of 13.5 minutes to the first point of intended landing and, assuming normal cruisi ng speed, to fly after that for at least 4.5 minutes. ALON SI CHERMAN seeks the requested relief because without an exemption from Section 91.151(b), the flight time duration of the battery powered DJ I Phantom 2 and DJ I Inspire 1 UAs will severely constrain the practicality of an y aerial video or still photo flight operations that ALON SI CHERMAN proposes to conduct pursuant to this Petition. Significantl y, as set forth below, the technical specifications of the DJ I Phantom 2 and DJI Inspire 1 UASs, the DJ I Phantom 2 and DJII nspire 1 operating documents, and ALON SI CHERMAN’s proposed operating limitations, ensure that ALON SICHERMAN will safel y operate the battery powered DJ I Phantom 2 and DJ I Inspire 1 UAs during day light hours in visual meteorological cond itions (VMC), under visual flight rules (VFR), with enough battery

power to fly

for a total duration of 13.5 minutes to the first point of intended landing and, assuming normal cruising speed, to fl y after that for at least 4.5 minutes.
**5. Extent Of Relief ALON SICHERMAN Seeks And The Reason ALON** 

**SICHERMAN Seeks Relief From Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), And 91.417(a) & (b).** 

Since Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b) onl y apply to aircraft with an airworthiness certificate, ALON SI CHERMAN requests relief from these Sections because the DJ I Phantom 2 and DJII nspire 1 UASs do not require airworthiness certificates. As set forth more full y below, the DJ I Phantom 2 and DJ I Inspire 1 UASs meet the conditions of FMRA Section 333 for operation without an airworthiness certificate. Accordingl y, ALON SI CHERMAN will use trained technicians to perform maintenance, alterations, or preventive maintenance on the UASs using the methods, techniques, and pra ctices prescribed in the UAS operating documents (i.e., the ALON SI CHERMAN Aerial Operations Manual, Monthly Maintenance Log, and DJ I Phantom 2 and DJII nspire 1 Instruction Manual). Furthermore, ALON SICHERMAN will document and maintain all maintenance re cords for the DJ I Phantom 2 and DJII nspire 1 UASs.**D. The Reasons Why Granting ALON SICHERMAN Request Would Be In The**

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

Granting the present Petition will further the public interest b y allowing ALON SI CHERMAN to safel y, efficientl y, and economically perform aerial video and photograph y of construction sites, real estate, and landscape over certain areas of the United State s. Additionally , use of the DJIPhantom 2 and DJ I Inspire 1 UASs will decrease congestion of the NAS, reduce pollution, and provide significant benefits to the economy . Notabl y, the benefits of ALON SI CHERMAN’s proposed operation of the DJ I Phantom 2 and DJ I Inspire 1 UASs will be realized without implicating an y privacy issues. **1. The Public Will Benefit From Decreased Congestion Of The NAS.** The DJ I Phantom 2 and DJII nspire 1 UAs are battery powered and serve as a safe, efficient, and economical altern ative to the manned aircraft traditionally utilized to obtain aerial imagery . By

reducing the amount of manned aircraft needed to perform aerial acquisitions, an exemption allowing the use of a DJI Phantom 2 or DJ I Inspire 1 UAS would reduce the amount of manned aircraft in the NAS, reduce noise and air pollution, as well as increase the safety of life and propert y in the air and on the ground. Furthermore, b y reducing the number of manned aircraft operating in the NAS, congestion around airports caused by arriving and departing aircraft will be reduced. The DJ I Phantom 2 and DJ I Inspire 1 UAs do not require an airport to takeoff or land. Li kewise, a reduction of manned aircraft conducting aerial video and photograph y 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 Of The DJI**  **Phantom 2 and DJI Inspire 1 UASs.** 

Conducting aerial acquisitions with the DJIPhantom 2 and DJ I Inspire 1 UASs, instead of manned aircraft, will greatly benefit the public by drasticall y reducing the levels of air and noise pollution generated during traditional aerial video and still photography flight op erations. By

using battery

power and electric motors, the DJ I Phantom 2 and DJ I Inspire 1 UASs produce no air pollution, and is the most viable environmentall y conscious alternative to the cabin class, six cylinder internal combustion engine aircraft that are ty picall y utilized for aerial video and photograph y, while burning approximately 20

- 30 gallons per hour of leaded aviation fuel. The DJ I Phantom 2 and DJII nspire 1 UAs, whilereducing the carbon footprint of aerial acquisitions, also eliminates noise pollution, as the

UAs are propelled b y battery powered electric motors, rather than an internal combustion engine. By using the DJ I Phantom 2 and DJ I Inspire 1 UASs to perform aerial acquisitions, the substantial risk to life and propert y in the air and o n the ground, which is usually associated with traditional manned aircraft flight operations, will be substantially reduced or completel y eliminated. Aside from the lack of flight crew members located onboard the aircraft, the DJ I Phantom 2 and DJ I Inspire 1 UAs (weighing approximately 2 pounds 11 ounces and 6 pounds 7.5 ounces respectivel y, at their maximum gross weights with lengths of 16 inches and 17.3 inches respectively , widths of 16 inches and 17.7 inches respectivel y, and with no fuel on board), has less phy sical potential for collateral damage to life and propert y on the ground, and in the air, compared to the manned aircraft that ty picall y conduct similar operations (weighing approximately 6,000 pounds with a wingspan of approximately 42 feet, a le ngth of 34 feet, and a fuel capacity of 180 gallons). **3. Performing Aerial Video and Photography Operations With The DJI Phantom 2 and DJI Inspire 1 UASs Will Benefit The Economy.** 

In addition to being safe and efficient, the DJ I Phantom 2 and DJII nspir e 1 UASs are also an economical alternative to using manned aircraft to conduct similar aerial operations. As such, operation of the DJI Phantom 2 and DJ I Inspire 1 UASs will allow United States based companies, like ALON SI CHERMAN, to remain competitive and contribute to growth of the U.S. economy . Specifically , with the rising cost of aviation fuel and the Environmental Protection Agency (“EPA”) regulatory

actions phasing out leaded aviation fuels, U.S. owned and operated companies must adopt new and alte rnative technology in order to remain competitive. Operating the battery powered DJ I Phantom 2 and DJ I Inspire 1 UASs is one such technology that not only

allows companies greater operational flexibility compared to manned aircraft, but provides such flexi bility without the high operational cost of a traditional manned aircraft. By operating the DJ I Phantom 2 and DJII nspire 1 UASs, companies such as AL ON SI CHERMAN, can remain competitive and profitable, and therefore, provide greater job stability to empl oy ees and contractors, which will ultimately contribute to growth of the U.S. economy . I mproved financial performance of U.S. companies, through commercial use of the DJ I Phantom 2 and DJ I Inspire 1 UASs, 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 acqui sition flight operations that have been conducted for

decades, ALON SICHERMAN’s proposed operation of the DJ I Phantom 2 and DJ I Inspire 1 UASs will not implicate an y privacy issues. Specificall y, the DJ I Phantom 2 and DJ I Inspire 1 UASs will be operated on ly in compliance with operating documents (i.e., the ALON SI CHERMAN Aerial Operations Manual, Monthly Maintenance Log, and DJ I Phantom 2 and DJII nspire 1 Instruction Manual) which requires property owner involvement as well as local law enforcement notifi cation, and in accordance with the Federal Aviation Regulations, including the minimum altitude requirements of 14 C.F.R. § 91.119. **E. The Reasons Why Granting The Exemption Would Not Adversely Affect Safety, Or How The Exemption Would Provide A Level Of**  **Safety At Least Equal To That Provided By The Rule From Which ALON SICHERMAN Seeks Exemption.** 

**1. Reasons Why The DJI Phantom 2 and DJI Inspire 1 UAs**  **Meet The Conditions Of The FAA Modernization and Reform Act of 2012 (FMRA)**  **Section 333.**

In consideration of the size, weight, speed, and limited operating area associated with the unmanned aircraft and its operation, ALON SICHERMAN’s operation of the DJ I Phantom 2 and DJ I Inspire 1 UASs meet the conditions of FMRA Section 333, and will not re quire 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 a hazard to u sers of the NAS or the public, or otherwise pose a threat to national securit y. Specifically, FMRA Section 333 states the following, in part:

(a ) In General.

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

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

-- (1 ) which types of unmanned aircraft systems, if any, as a result of their size, weight, speed, operational capability, proximity to airports andpopulated areas, and operation within visual line of sight do not create a hazard to users of the national airspace system or the public or pose a threat to national security; and

(2 ) whether a certificate of waiver, certificate of authorization, or airworthiness certification under section 44704 of title 49, United States Code, is required for the operation of unmanned aircraft systems identified under paragraph (1).

(c) Requirements for Safe Operation.

--If the Secretary determines under this section that certain unmanned aircraft systems may operate safely in the national airspace system, the Secretary shall establish requirements for the safe operation of such aircra

ft systems in the national airspace system.

In seeking this exemption, ALON SI CHERMAN submits that the DJ I Phantom 2 and DJI Inspire 1 UASs can operate safely in the NAS pursuant to FMRA Section 333, as demonstrated b y: (a) the characteristics of the DJ I Phantom 2 and DJII nspire 1 UASs; (b) the pilot certification requirement; and (c) the specific operating limitations.

**a. The Specifications Of The DJI Phantom 2 and DJI Inspire 1**  **UASs Demonstrate Its Safe Characteristics.** 

The DJ I Phantom 2 and DJII nsp ire 1 UASs do not create a hazard to users of the NAS or the public, or otherwise pose a threat to national security considering its size, weight, speed, and operational capability

.

**i. Technical Specifications Of The DJI Phantom 2 and DJI Inspire 1**  **UASs.**

The technical specifications of the DJ I Phantom 2 and DJ I Inspire 1 UASs are set forth b y the DJ I Phantom 2 and DJII nspire 1 User Manuals, attached hereto as Appendix A and B.

**ii. The DJI Phantom 2 and DJI Inspire 1**  **UASs Autonomous Flight And Navigatio**  **n Modes Enable The UASs To Remain Within A Defined Operational Area.** The DJ I Phantom 2 and DJII nspire 1 UASs may be operated in both manual and fully autonomous flight modes. A complete description of the flight and navigational modes of the DJ I Phantom 2 and DJII nspire 1 UASs is provided at pages 25

- 35 of the DJ I Phantom 2 and pages 12

- 16 and 45

- 50 of the DJ I Inspire 1 User Manuals, attached hereto as Appendix A and B.

**iii. The DJI Phantom 2 and DJI Inspire 1**  **UASs Are Designed For Automatic Return To**  **Home Point Or Hover In The Event Of Loss Of The Control Link Or Navigation.** 

When the Control L ink is lost, the DJIPhantom 2 and DJ I Inspire 1 UAs will remain stationary , in flight, for 3 seconds or more. If, after 3 seconds, the DJ I Phantom 2 and DJI In spire 1 UAs do not reacquire control link data from the GCS, the UAs will assume that the Control L ink is lost and the UAs will return to the home position (i.e., failsafe mode) via GPS, and will descend to the takeoff position and shutdown. A complete de scription of the Failsafe Functions of the DJ I Phantom 2 UAS are set forth at pages 27 through 29 and for the DJ I Inspire 1 at pages 13 through 15 of the DJI Phantom 2 and DJ I Inspire 1 User Manuals, attached hereto as Appendix A and B.

**iv. The DJI Phanto**  **m 2 and DJI Inspire 1 GCS And Its Operation.** 

A complete description of the operation and specifications of the DJ I Phantom 2 and DJ I Inspire 1 GCS and flight control software is provided at pages 32 through 43 of the DJ I Phantom 2 User Manual and pages 4 0 through 47 of the DJ I Inspire 1 User Manual. DJ I Phantom 2 and DJII nspire 1 User Manuals are attached hereto as Appendix A and B.

**b. Flight Operations Of DJI Phantom 2 and DJI Inspire 1**  **UASs Are Limited To The Line Of Sight Of A Certificated Pilot in C**  **ommand With A Safety Observer.** 

ALON SI CHERMAN will be the only person to act as a pilot in command (PI C) of the DJ I Phantom 2 and DJII nspire 1 UASs. Additionally , a safet y observer will assist him during flight time. **c. Flights Of DJI Phantom 2 and DJI**  **Inspire 1 UASs Will Be Conducted** 

**Pursuant To Specific Operating Limitations.**In seeking this exemption, ALON SI CHERMAN proposes to commercially operate DJ I Phantom 2 and DJII nspire 1 UASs for the special purpose of conducting aerial video and photograph y over certain areas of United States, pursuant to the following specific operating limitations:

1. Operations authorized by this grant of exemption will be limited to the following aircraft described in the operating documents, rotorcraft UASs weighing less than 55 pounds maximum gross weight: DJ I Phantom 2 and DJI Inspire 1 Unmanne d Aircraft Sy stems. Proposed operations of an y other aircraft will require a new petition or a petition to amend this grant.

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

3. The UAs may

not be flown at an indicated airspeed exceeding 20 knots.

4. The UA must be operated at an altitude of no more than 500 feet above ground level (AGL), as indicated b y the procedures specified in the operating documents unless a special r equest is made and approved b y ATC. All altitudes reported to ATC must be in feet AGL.

5. The UAs must be operated within visual line of sight (VLOS) of the PI C at all times. This requires the PIC to be able to use human vision unaided by an y device othe r than corrective lenses, as specified on the PI C’s FAA

- issued airman medical certificate.

6. The use of first person view (FPV) b y the PI C or safet y observer (SO) is not permitted.

7. All operations must utilize a safet y observer (SO). The SO may be u sed to satisfy the VLOS requirement as long as the PI C alway s 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 PI C must be designated before the flight and cannot transfer his or her designation for the duration of the flight. The PI C must ensure that the SO can perform the functions prescribed in the operating documents.

8. The SO must not perform any other duties bey ond assisting the PI C with seeing and avoiding other air traffic and other ground based obstacles/obstructions and is not permitted to operate the camera or other instruments.

9. The operating documents and 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 oper ating 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 of exemption. If the operator determines that any update or revision would affect the basis upon which the FAA granted the exemption, then the operator must petition for amendment to its grant of exemption. The FAA’s UAS Integration Office (A FS

- 80) may be contacted if questions arise regarding updates or revisions to the operating documents.

10. Prior to each flight the PI C must inspect the UAS to ensure that it is in a condition for safe flight. If the inspection reveals a condition that af fects the safe operation of the UAS, the aircraft is prohibited from operating until the necessary maintenance has been performed and the UAS is found to be in a condition for safe flight. The Ground Control Station must be included in the preflight inspec tion. All maintenance and alterations must be properl y documented in the aircraft records.

11. Any UAS that has undergone maintenance or alterations that affect the UAS operation or flight characteristics, e.g. replacement of a flight criticalcomponent, must undergo a functional test flight. The PI C who conducts the functional test flight must make an entry in the aircraft records.

12. The pre

- flight inspection must account for all potential discrepancies, e.g. inoperable components, items, or equipment, not already covered in the relevant sections of the operating documents.

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

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 aircraf t records, including total time in service, description of work accomplished, and the signature of the authorized person returning the UAS to service.

15. Each UASs operated under this exemption must comply with all manufacturer Safet y Bulletins.

16. T he authorized person must make an entry in the aircraft record of the corrective action taken against discrepancies discovered between inspections.

17. The PI C must possess at least a private pilot certificate and at least a current third

- class medical certificate.

18. The operator may

not permit any

PIC to operate unless the PI C meets the operator’s qualification criteria and demonstrates the ability to safel y 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.F.R.§ 61.51(b). Flights for the purposes of tr aining the operator’s PICs are permitted under the terms of the exemption. However, training operations may only be conducted during dedicated training sessions. During training, proficiency , and experience

- building flights, all persons not essential for f light operations are considered nonparticipants, and the PI C must operate the UA with appropriate distance from nonparticipants in accordance with 14 C.F.R. § 91.119.

19. UAS operations may

not be conducted during night, as defined in 14 C.F.R. § 1.1. Al l operations must be conducted under visual meteorological conditions (VMC). If flight at night is required, a special request will be made at the FAA office closest to proposed area of operations. Flights under special visual flight rules (SVFR) are not a

uthorized.

20. The UA may

not operate within 5 nautical miles of an airport reference point as denoted on a current FAA

- published aeronautical chart unless a letter of agreement with that airport’s management is obtained, and the operation is conducted i n accordance with a NOTAM as required by the operator’s COA. The letter of agreement with the airport management must be made available to the Administrator upon request.

21. The UA may

not be operated less than 500 feet below or less than 2,000 feet hor izontally

from a cloud or when visibility is less than 3 statute miles from the PI C.

22. If the UA loses communications or loses its GPS signal, it must return to a pre - determined location within the planned operating area and land or be recovered in ac cordance with the operating documents.

23. The PI C must abort the flight in the event of unpredicted obstacles or emergencies in accordance with the operating documents.24. The PI C is prohibited from beginning a flight unless (considering wind and for ecast weather conditions) there is enough power to fly at normal cruising speed to the intended landing point and land the UA with 25% battery power remaining.

25. The operator must obtain an Air Traffic Organization (ATO) issued Certificate of Waiver or Authorization (COA) prior to conducting an y operations under the grant of exemption. This COA will also require the operator to request a Notice to Airman (NOTAM) not more than 72 hours in advance, but not less than 48 hours prior to the operation. All op erations shall be conducted in accordance with airspace requirements in the ATO issued COA including class of airspace, altitude level and potential transponder requirements.

26. All aircraft operated in accordance with the exemption must be identified b y serial number, registered in accordance with 14 C.F.R. part 47, and have identification (N

- Number) markings in accordance with 14 C.F.R. part 45, Subpart C. Markings must be as large as practicable.

27. Before conducting operations, the radio frequenc y spectrum used for operation and control of the UA must comply with the Federal Communications Commission (FCC) or other appropriate government oversight agency requirements.

28. The documents required fewer than 14 C.F.R. 91.9 and 91.203 must be available to the PIC at the Ground Control Station of the UAS an y time the UAS is operating. These documents must be made available to the Administrator or an y law enforcement official upon request.

29. The UA must remain clear and yi eld the right of way to all manned aviation operations and activities at all times.

30. The UAS may

not be operated b y the PIC from any moving device or vehicle.31. Flight operations must be conducted at least 500 feet from all nonparticipating persons (persons other than the PIC, SO, operator trainees or essential persons), vessels, vehicles, and structures unless:

a. Barriers or structures are present that sufficiently protect nonparticipating pers ons from the UA and/or debris in the event of an accident. The operator must ensure that nonparticipating persons remain under such protection. If a situation arises where nonparticipating persons leave such protection and are within 500 feet of the UA, fl ight 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 PI C has made a safet y assessment of the risk of operating closer to those objects and determined that it does not present an undue hazard, and;

c. Operations nearer to the PI C, SO, operator trainees or essential persons do not present an undue hazard to those persons per § 91.119(a).

32. All ope rations 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 con ducted.

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

- 80) within 24 hours. Accidents must be reported to the National Transportation Safet y 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 Not Adversely Affect Safety.** 

ALON S IC HERMAN submits that the equivalent level of safety established by

Section 61.113(a) and (b) will be maintained because no PIC will be allowed to operate the DJ I Phantom 2 and DJII nspire 1 UASs unless that PIC has demonstrated, by meeting minimum flight

- hour and currency requirements, that the PI C is able to safely operate the DJIPhantom 2 or DJ I In spire 1 UAS in a manner consistent with the exemption, including evasive and emergency

maneuvers and maintaining appropriate distances from people, vessels, v ehicles and structures. Considering ALON SI CHERMAN’s proposed area of operations, and the operating limitations set forth

- above; the parallel nature of private pilot aeronautical knowledge requirements to those of commercial pilot requirements ( See Exempt ion No. 11062); and the airmanship skills necessary to safel y operate the DJ I Phantom 2 or DJ I Inspire 1 UAS, ALON SI CHERMAN submits that the additional manned airmanship experience of a commerciall y certificated pilot would not correlate to the airmanship skills necessary for ALON SI CHERMAN’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).
ALON SI CHERMAN will not allow any PIC to operate the DJ I Phantom 2 or DJ I Inspire 1 UAS unless that PI C has demonstrated, b y meeting minimum flight

- hour requirements or the DJ I Phantom 2 or DJI Inspire 1 UAS training and currency requirements, that the PI C is able to safel y operate the DJ I Phantom 2 or DJ I Inspire 1 UAS in a manner consistent with this exemption, inclu ding evasive and emergency maneuvers and maintaining appropriate distances from people, vessels, vehicles and structures. Specificall y, the PI C must have accumulated and logged, in a manner consistent with 14 C.F.R. § 61.51(b), 25 hours of total time as a UAS rotorcraft pilot (with a minimum of 5 hours of those hours as a UAS pilot operating the same make and model of UAS to be used for operations under the exemption). In addition to the hour requirements, the PI C must accomplish 3 takeoffs and landings in the preceding 90 day s (for currency purposes). As in Exemption Nos. 11062, 11138, and 11153, prior documented flight experience that was obtained in compliance with applicable regulations will ensure an equivalent level of safet y during ALON SI CHERMAN’s proposed operations. The Administrator has heldthat prior documented flight experience that was obtained in compliance with applicable

regulations would ensure safe operations, stating as follows: In Exemption No. 11062, the FAA required that prior to conducting operations for the purpose of motion picture filming (or similar operations), the PIC must have accumulated and logged, in a manner consistent with 14 CFR 61.51(b), 25 hours of total time as a UAS rotorcraft pilot including at least 10 hours logged as a UAS pilot with a multi

- rotor UAS. Prior to operations under Exemption No. 11062, the PI C must also have accumulated and logged a minimum of 5 hours as a UAS pilot operating the same make and m odel of UAS to be used for operations under the exemption. For clarification, the FAA considers these minimum hour requirements to be inclusive rather than additive; i.e. 5 hours make and model time may be included in the 10 hours of multi

- rotor time and the 10 hours may be included in the total 25 hours of UAS rotorcraft time. In addition to the hour requirements, the PI C must accomplish 3 takeoffs and landings in the preceding 90 day s (for currency purposes). The FAA finds that at a minimum, the flight

- ho ur requirements in Exemption No. 11062 are appropriate to practice and build proficiency in the skills necessary

to safely 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

- b uilding flights the PI C is required to operate the UA with appropriate distances in accordance with 14 C.F.R 91.119.

Exemption No. 11138 at page 15. Accordingl y, ALON SI CHERMAN will ensure safe operations by not allowing an y P IC to operate the DJ I Phant om 2 or DJ I Inspire 1 UAS unless that PI C has demonstrated, by meeting minimum flight

- hour and currency requirements, that the PI C is able to safel y operate the DJ I Phantom 2 or DJ I Inspire 1 UAS in a manner consistent with the exemption, including evasive and emergency maneuvers and maintaining appropriate distances from people, vessels, vehicles and structures.

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

The equivalent level of safet y established b y Section 91.7(a) will be maintained because prior to every

flight, ALON SI CHERMAN will ensure that the DJ I Phantom 2 or DJ IInspire 1 UAS is in an airworthy condition based upon the UAS’s compliance with its ope rating 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. Exemptio n 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.** 

Th e equivalent level of safet y established b y Section 91.121 will be maintained because the altitude information of the DJ I Phantom 2 and DJII nspire 1 UAs will be provided to the PI C via GPS equipment and a radio communications telemetry data link, which do wnlinks from the UA to the GCS for active monitoring of the flight path and altitude. This altitude information, combined with ALON SI CHERMAN’s operation of the DJ I Phantom 2 and DJII nspire 1 UAs within visual line of sight, at or below 500 feet AGL, will ensure a level of safety equivalent to Section 91.121. The altitude information will be generated b y GPS equipment installed onboard the aircraft. Prior to each flight, a zero altitude initiation point is automatically established by

the UASs at ground le vel. The FAA has previously

granted relief from Section 91.121 specific to UAS, in circumstances similar, in all material respects, to those presented herein (e.g. Exemption Nos. 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11112, 11136, 11138, 11150, 11153, 11156, 11157, 11158, 11159, 11160, 11161).

**5. Reasons Why An Exemption From The Requirements Of Section 91.151(b) Would Not Adversely Affect Safety.** 

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

14 C. F.R. Section 91.151(b) as a result of (1) the technical specifications of the DJ I Phantom 2 and DJ I Inspire 1 UASs; (2) the limitations on the proposed flight operations; and (3) the location of the proposed flight operations. Accordingl y, ALON SICHERMAN w ill ensure that it will safely

operate the battery

powered DJ I Phantom 2 and DJII nspire 1 UAs during daylight hours in VFR conditions, with enough battery power to fly

for a total duration of 13.5 minutes to the first point of intended landing and, assumi ng normal cruising speed, to fly after that for at least 4.5 minutes. Here, as in Exemption No. 11109, the technical specifications of the DJ I Phantom 2 and DJII nspire 1 UASs; the limitations on the proposed flight operations; and the location ofthe pro posed operations, will ensure an equivalent level of safety established by

14 C.F.R. Section 91.151(b). Furthermore, safet y will be ensured as the DJ I Phantom 2 and DJ I Inspire 1 UASs provide audible and visual warnings to the PIC at the GCS when the UAs
e xperiences 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 I Phantom Vision+ and DJ I Inspire 1 UASs will desce nd and land automaticall y. Significantl y, previous exemptions granted b y the FAA concerning Section 91.151 establish that safet y is not adversel y affected when the technical characteristics and operating limitations of the UAS are considered. Relief has b een 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 E xemption From The Requirements Of Sections**  **91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), And 91.417(a) & (b) Would Not Adversely Affect Safety.** 

In seeking this exemption, ALON SI CHERMAN submits that the equivalent level of safet y with regard to the regulatory maintenance and alteration requirements established by Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b) will be met because ALON SICHERMAN will use trained technicians to perform maintenance, alterations, or preventive m aintenance on the UASs using the methods, techniques, and practices prescribed in the operating documents (i.e., the ALON SICHERMAN Aerial Operations Manual, Monthly Maintenance Log, and DJIPhantom 2 and DJII nspire 1 Instruction Manual). Furthermore, ALO N SICHERMAN will document and maintain all maintenance records for the DJ I Phantom 2 and DJII nspire 1 UASs. Since the DJ I Phantom 2 and DJ I Inspire 1 UASs will be inspected as prescribed by the operating documents, ALON SI CHERMAN will maintain the equiva lent level of safet y established by

Sections 91.405(a), 91.409(a)(1), and 91.409(a)(2). A copy of the DJ I Phantom 2 and DJII nspire 1 User Manuals are attached hereto as Appendix A and B; a copy of the DJ I Phantom 2 and DJ I Inspire 1 UAS Maintenance LOG is attached hereto as Appendix C. Likewise, the exemption sought will not adversel y affect safety because ALON SI CHERMAN will use trained technicians to perform maintenance, alterations orpreventive maintenance on the UAS using the methods, techniques, and practices

prescribed b y the operating documents. Furthermore, the exemption sought would maintain an equivalent level of safet y established by

Sections 91.407, 91.417(a) and 91.417(b), because all maintenance of the DJIPhantom 2 and DJ I Inspire 1 UASs w ill be performed b y trained technicians. Maintenance will be documented and maintained utilizing the monthly maintenance log. Significantl y, previous exemptions granted b y the FAA concerning Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91. 417(a) & (b) establish that safety is not adversel y affected when the technical characteristics and operating limitations of the UAS are considered. In consideration of ALON SI CHERMAN’s proposed operating limitations, the operating documents, and the technical aspects of the DJ I Phantom 2 and DJ I Inspire 1 UASs, ALON SI CHERMAN submits that safety will not be adversel y affected b y granting exemption from 14 C.F.R. Sections 91.405(a), 91.407(a)(1) and (a)(2), 91.409(a)(2), and 91.417(a) and (b). The FAA has previousl y 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, 111 58, 11159, 11160, 11161). **7. The FAA May Prescribe Any Other Conditions For Safe Operation.** In accordance with Section 333 of the FAA Modernization and Reform Act of 2012 (FMRA) and 14 C.F.R. § 21.16 entitled Special Conditions , AL ON SICHERMAN requests that the FAA prescribe special conditions for the intended operation of the DJ I Phantom 2 and DJII nspire 1 UASs, which contain such safet y standards that the Administrator finds necessary to establish a level of safet y equivalent to that established b y 14 C.F.R. Part 21, Subpart H, and 14 C.F.R §§ 61.113(a) & (b), 91.7 (a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b). Such special conditions will permit safe operation of the UAs for the limited purpose of conductin g aerial video and photography over certain areas of the United States for compensation or hire. FMRA Section 333 sets forth the requirements for considering whether a UAS will create a hazard to users of the NAS or the public, or otherwise pose a threat t o national security; and further, provides the authority for such UAS to operate without airworthiness certification in accordance with any requirements that must be established for the safe operation of the UAS in the NAS. Likewise, the Administrator may prescribe special conditions pursuant to 14 C.F.R. § 21.16, for operation of the DJ I Phantom 2 and DJII nspire 1 UASs, since the airworthiness regulations of 14 C.F.R. Part 21 do not contain adequate or appropriatesafet y standards, due to the novel or unusual design features of the aircraft. Section 21.16,

entitled Special Conditions , states the following: If the FAA finds that the airworthiness regulations of this subchapter do not contain adequate or appropriate safet y standards for an aircraft, aircraft engine, or propeller because of a novel or unusual design feature of the aircraft, aircraft engine or p ropeller, 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 find s necessary

to establish a level of safety equivalent to that established in the regulations.

See 14 C.F.R. § 21.16. Therefore, in accordance with FMRA Section 333 and 14 C.F.R. § 21.16, the FAA may prescribe special conditions for Leading Edge’s intende d operation of the DJIPhantom 2 and DJ I Inspire 1 UASs, which contain such safety standards that the Administrator finds necessary to establish a level of safet y equivalent to that established by 14 C.F.R. Part 21, Subpart H, and 14 C.F.R Sections 61.113( a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b).

**• A Summary That Can Be Published In The Federal Register,**  **stating: The Rules From Which ALON SICHERMAN Seeks Exemption:**

ALON SICHERMAN seeks exe mption from the requirements of 14 C.F.R Sections 61.113(a)&(b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a )(2), and 91.417(a) & (b).

**A Brief Description Of The Nature Of The Exemption ALON SICHERMAN Seeks:** 

This exemption wi ll permit ALON SICHERMAN to commercially operate an Unmanned Aircraft System (UAS) for the purpose of conducting aerial video and photography over certain areas of the United States.**• Any Additional Information, Views, Or Arguments Available To**  **Support ALON SICHERMAN’s**  **Request.**

This Petition is made pursuant to the FAA Modernization and Reform Act of 2012 (FMRA) Section 333, which directs the Secretary of Transportation to determine if certain UAS may operate safely

in the NAS. As such, ALON SI CHERMA N’s request for exemption may

be granted pursuant to the authority of FMRA Section 333 and 14 C.F.R. Part 11, as set forth above. FMRA Section 333 sets forth the requirements for considering whether a UAS will create a hazard to users of the NAS or the pu blic, or otherwise pose a threat to national securit y; and further, provides the authority for such UAS to operate without airworthiness certification. As discussed in detail above, ALON SICHERMAN will operate the DJ I Phantom 2 and DJII nspire 1 UASs safe ly in the NAS, without creating a hazard to users of the NAS, or the public, or otherwise pose a threat to national security

. **CONCLUSION** As set forth herein, ALON SI CHERMAN seeks an exemption pursuant to 14 C.F.R. § 11.61 and Section 333 of the FAA Modernization and Reform Act of 2012 (FMRA), which will permit safe operation of the DJ I Phantom 2 and DJ I Inspire 1 UASs commerciall y, without an airworthiness certificate, for the limited purpose of conducting aerial video and photography over certain areas of the United States. By granting this Petition, the FAA Administrator will be fulfilling the Congressional mandate of the FAA Modernization and Reform Act of 2012, while also advancing the interests of the public, by allowing ALON SI CHERMAN to safel y, efficiently , and economically operate the DJI Phantom 2 and DJII nspire 1 UASs commercially within the NAS.
**WHEREFORE** , in accordance with the Federal Aviation Regulations and the FAA Modernization and Reform Act of 2012, Section 333, ALON SI CHERMAN respectfully requests that the 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)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b), and permit L eading Edge to operate the DJ I Phantom 2 and DJII nspire 1 UASs commercially for the purpose of conducting aerial video and photograph y over certain areas of the United States. Dated: March 6, 2015Respectfully submitted,

ALON SI CHERMAN

_________________________ ALON SI CHERMAN 39 Claremont Ave Apt 41 New York, NY 10027
917 796 2293

Appendices :

A

– DJ I Phantom 2 Manual:
B

– DJ I Inspire 1 Specifications Data Sheet
E

– Monthly

Maintenance L og