KELLY8 HART HOWARD L. ROSENTHAL

howard. rosenthal@ke//yhart. com TELEPHONE: (817) 878-3527 FAX: (817) 878-970 I November 2, 2015Certified Mail No. 7013-0600-0002-0765-7455, Return Receipt Requested U.S. Department of Transportation, Docket Operations West Building Ground Floor, Room W12-140 1200 New Jersey Avenue, SE Washington, DC 20590 Subject: Inthe Matter ofthe Petition of Exemption of Freese and Nichols, Inc. for an Exemption Seeking Relief from the Requirements of Title 14ofthe Code of Federal Regulations Sections in regard to Commercial Operation ofan Unmanned Aircraft System pursuant to Section 333 of The FAA Modernization and Reform Act of 2012. To whom itmay concern: Enclosed please find original and one copy ofthe subject Petition being filed on behalf of Freese and Nichols, Inc.I would ask thatifatall possible the copy be date stamped upon receipt and returned tothe undersigned inthe self-addressed stamped envelope. Please direct any questions concerning this Petition tothe undersigned as counsel forthe Petitioner. Sincerely,Kelly, Hart & Hallman LLP

HLR/mp Enclosurescc: Freese and Nichols, Inc. Attention: Will Allanach w/enc.iO UNITED STATES OF AMERICA DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATIONWASHINGTON, D.C. IN THE MATTER OF THE PETITION OF EXEMPTION OF: FREESE AND NICHOLS, INC. FOR AN EXEMPTION SEEKING RELIEF FROM THE REQUIREMENTS OF TITLE 14OF THE CODE OF FEDERAL REGULATIONS SECTIONS: CONCERNING COMMERCIAL OPERATION OF THE "PHANTOM2 VISION+" UNMANNED AIRCRAFT SYSTEM PURSUANT TO SECTION 333 OF THE FAA MODERNIZATION AND REFORM ACT OF 2012 (PUBLIC LAW 112-95) Submitted:**October~'** 2015 By: KELLY HART & HALLMAN LLP 201 Main Street

Ft. Worth, Texas 76102 On Behalf of FREESE AND NICHOLS, INC. 4055 International Plaza, Suite 200 Fort Worth, TX 76109"' Table of Contents Page SUMMARY ......................................................................................................................................................... I PROPOSED OPERATIONS ............................................................................................................................. I THE PHANTOM 2 VISION+ UA and UAS ................................................................................................. 2 THE OPERA TOR .......................................................................................................................................... 2 OPERATING PARAMETERS ..................................................................................................................... 3 REGULA TORY STATEMENT ....................................................................................................................... 4 PETITIONER'S CONTACT INFORMATION (14 C.F.R. § 11.8l(a)) ........................................................ 4 SECTIONS OF TITLE 14 CODE OF FEDERAL REGULATIONS FOR WHICH RELIEF IS SOUGHT (14 C.F.R. § 11.81(b)) .................................................................................................................................... 4 EXTENT OF RELIEF SOUGHT (14 C.F.R. § 11.8l(c)) .............................................................................. 9 STATEMENTOFPUBLICINTEREST(l4C.F.R. § 11.81(d)) ................................................................ ll REASONS WHY A GRANT OF THIS EXEMPTION WILL NOT AFFECT PUBLIC SAFETY (14 C.F.R. § 11.81(e)) ........................................................................................................................................ 12 ADDITIONAL INFORMATION IN SUPPORT (14 C.F.R. § 11.81 (g)) ................................................... 17

Documents and Manuals ......................................................................................................................... 17

Proposed specific operating limitations .................................................................................................. 17 CONCLUSION ................................................................................................................................................. 23 ii" SUMMARY Petitioner, Freese and Nichols, Inc.,a Texas corporation (""FNI" or "Petitioner"), is seeking exemption from the requirements of Title 14ofthe Code of Federal Regulations (C.F.R.) Part 61 Sections 61.113(a) and (b), Part 91 Sections 91.7(a), 91.119(c), 91.121, 91.151(a), 91.405(a), 91.407(a)(l), 91.409(a)(l) and (2), and 91.417(a) and (b)in order to commercially operate the Phantom 2 Vision+ Unmanned Aircraft System (UAS) for the purpose of aerial survey and photography in support of consulting services performed inthe areas of civil engineering, architecture, environmental science, construction and other planning services. This Petition is submitted in accordance with the authority found in Section 333 of The FAA Modernization and Reform Act ofthe 2012 and Title 14 C.F.R. Section 11 Subpart A.Inthis Petition, Petitioner shall provide reasons why the granting of exemption (i) would be within the public interest, and (ii) would not adversely affect safety (or howit would provide alevel of safety at least equal tothe existing rules of operation). PROPOSED OPERATIONS Petitioner is seeking an exemption that will permit itto perform aerial photography services for property owners, municipalities, counties, river authorities, and clients requesting certain consulting services that can safely and efficiently be performed by Petitioner's useofthe UAS. The documents and manuals for the Phantom 2 Vision+ UAS ("Manual(s)") describe in detail the policies and procedures for Petitioner's UAS operations and are further described hereafter inthe section ofthis Petition entitled "Additional Information in Support". These

services would be used to provide efficiencies and enhance decision-making ability through aerial based survey and photography. This would be done using conventional imaging technology to study and document public property conditions, construction progress of various infrastructure projects, and completed infrastructure projects. Low-level oblique photos from several angles arefar more effective than ground-based or top-down aerial imagery for displaying the characteristics of large infrastructure projects. An alternative

would beto charter a full-sized helicopter for this purpose, but the cost of such operations makes this option unfeasible for nearly allof Petitioner's clients. The use ofthe UAS, as.. described in more detail hereafter, isasafer and less expensive way to photograph these projects. THE PHANTOM 2 VISION+ UA and UAS The Phantom 2 Vision+ UAS (Unmanned Aircraft System or simply the "System") is comprised ofa small (approximately three pounds) quad-copter unmanned aircraft ("UA" or "PHANTOM") anda transportable ground station. While capable of carrying small digital photography equipment during flight, the electrically powered PHANTOM hasan approximate maximum speed of30 knots andis operated, using the transportable ground station, bya minimum required flight crew of one, the Operator. The UA hasan approximate

length of 13.2 inches, width of8.3 inches and height of 14.6 inches. The UA hasa maximum altitude of300 feetaswill be hereafter further described. With the process we understand the FAA tobe using to grant exemptions, reviewing and adopting requests from previously granted exemptions istobea favored methodology. The proposed operational profile of Petitioner's request here aligns witha previously granted exemption. That is,the same system which isthe subject system in Exemption No. 11138 granted to Douglas Trudeau, Realtor® on January 5, 2015. Regulatory Docket No. FAA2014- 0481 isthe subject ofthis Petition. THE OPERA TOR

The proposed Operator, defined asthe person who manipulates the controls ofthe System, would hold, at minimum, a Private Pilot Certificate. Tothe extent the particular operation would dictate it,the Petitioner proposes that the Operator would have the ability to augment the crew witha visual observer (Observer) to assist with scanning for collision hazards and maintaining awareness ofthe PHANTOM's precise location. As noted in proposed Part 107, the Observer would notbea required crewmember, and therefore the Petitioner believes that this Petition need not require the Observer to hold any airman certificate. Despite any useofan Observer, the Operator will maintain visual line of sight with the UA. 2·- Operator and any Observer will have been trained in operation ofthe UAS and will have received up-to-date information onthe UAS tobe operated, as provided forinthe Manual. In addition tothe Observer, the Petitioner further proposes that Operator may (asan operation dictates) augment the crew with an Equipment Operator (EO), who would be responsible for operation of photographic equipment carried on board the PHANTOM. The EO would notbe permitted to manipulate the flight or navigation controls ofthe PHANTOM. Because the Equipment Operator would be analogous toa cameraman, the Petitioner does not believe that itis necessary forthe EOto hold any airman certificate. Operational control would restinthe Operator atall times, i.e. the UAS pilot will be Pilot in

Command (PIC). Ifapilot certificate holder other than the UAS pilot is present and possesses the necessary PIC qualifications, that person can also be designated as PIC. The roles ofthe Observer and EO would be supplementary tothe actions ofthe Operator who would atall times be charged with handling the controls and assuring the safe operation ofthe UA. OPERATING PARAMETERS FNI is committed tothe safe and compliant operation of this System atall times. Because the PHANTOM does not carry crew or passengers on-board, andisso much smaller, lighter, and slower than manned aircraft, Petitioner seeks relief from several aspects of14 C.F.R.

Before each operation, the Operator will inspect the System to ensure that flight operations canbe conducted safely andin accordance with instructions provided bythe manufacturer, including without limitation the checking of communication links and equipment. Safety checklists will be adopted from the Manual(s) applicable tothe entire System. All operations will be conducted in Class G airspace, orin compliance with Certificate of Waiver or Authorization (COA) obtained through the Air Traffic Organization (ATO). Operations will notbe flown in areas under Terminal Flight Restriction and will be kept away from airport flight paths and other restricted airspace areas. Duetothe light nature ofthe PHANTOM, Petitioner feels thatin situations where itisnot possible to operate the PHANTOM more than 500 feet from non-essential persons, the PHANTOM can stillbe safely operated so long 3as those persons are shielded by barriers or structures that areof sufficient strength to protect those non-essential persons. Should a non-essential person leave the protection of sucha 0 barrier or structure, the Operator would cease operations as quickly as safety permits asafe landing ofthe UA. Likewise, the Operator will always discontinue flight when continuing

would posea hazard to other aircraft, people or property.REGULATORY STATEMENT In accordance with the FAA Modernization and Reform Act of2012, Section 333, entitled Special Rules for Certain Unmanned Aircraft Systems, and 14C.F.R.§ § 11.61 (b) and 11.81, the Petitioner, through Counsel, submits the following: PETITIONER'S CONTACT INFORMATION (14 C.F.R. § 11.81(a)) The name and address ofthe Petitioner is: Freese and Nichols, Inc.

4055 International Plaza, Suite 200 Fort Worth, TX 76109 The point of contact for purposes ofthis Petition is: Spencer B. Maxwell, P.E., PTOE

Freese and Nichols, Inc.

4055 International Plaza, Suite 200 Fort Worth, TX 76109 817-735-7523 officesbm@freese.com SECTIONS OF TITLE 14 CODE OF FEDERAL REGULATIONS FOR WHICH RELIEF IS SOUGHT (14 C.F.R. § 11.81(b)) Petitioner hereby seeks an exemption from several interrelated provisions of14 C.F.R. Parts 61 and91for purposes of conducting the work described above. Relief is sought from the following provisions of Title 14 ofthe Code of Federal Regulations: Part 61 § 61.113 (a) and (b), which state: Private pilot privileges and limitations: Pilot in command. 4(a) Except as provided in paragraphs (b) through (h) ofthis section, no person who holds a private pilot certificate may actas pilot in command ofan aircraft that is carrying passengers or property for compensation or hire; nor may that person, for compensation or hire, actas pilot in command ofan aircraft. (b)A private pilot may, for compensation or hire, actas pilot in command ofan aircraft in connection with any business or employment if: (1) The flight is only incidental tothat business or employment; and (2) The aircraft does not carry passengers or property for compensation or hire. Part 91 § 91.7(a), which states: Civil aircraft airworthiness. (a)No person may operate acivil aircraft unless itisinan airworthy condition. § 91.119, which states:Minimum safe altitudes: General. Except when necessary for takeoff or landing, no person may operate an aircraft below the following altitudes: (a) Anywhere. An altitude allowing, ifa power unit fails, an emergency landing without undue hazard to persons or property onthe surface. (b) Over congested areas. Over any congested area ofacity, town, or settlement, or over any open air assembly of persons, an altitude of 1,000 feet above the highest obstacle within a horizontal radius of 2,000 feet ofthe aircraft. (c) Over other than congested areas. An altitude of500 feet above the surface, except over open water or sparsely populated areas. In those cases, the aircraft may notbe operated closer than 500 feettoany person, vessel, vehicle, or structure. (d) Helicopters, powered parachutes, and weight-shift-control aircraft. lfthe operation is conducted without hazard to persons or property onthe surface-

(1)A helicopter may be operated atless than the minimums prescribed in paragraph (b)or(c)ofthis section, provided each person operating the 5helicopter complies with any routes or altitudes specifically prescribed for helicopters bythe FAA; and (2)A powered parachute or weight-shift-control aircraft may be operated at less than the minimums prescribed in paragraph (c)ofthis section. § 91.121(a), which states: Altimeter settings. a) Each person operating an aircraft shall maintain the cruising altitude or flight level of that aircraft, asthe case may be,by reference toan altimeter thatisset, when operating (1) Below 18,000 feet MSL, to- (i) The current reported altimeter setting ofa station along the route and within 100 nautical miles ofthe aircraft; (ii)If there isno station within the area prescribed in paragraph (a)(1)(i)ofthis section, the current reported altimeter setting ofan appropriate available station; or (iii)Inthe case ofan aircraft not equipped witha radio, the elevation of the departure airport oran appropriate altimeter setting available before departure; or (2)Ator above 18,000 feet MSL, to 29.92" Hg. § 91.151, which states: Fuel requirements for flight in VFR conditions. (a)) No person may begin a flight inan airplane under VFR conditions unless (considering wind and forecast weather conditions) there is enough fueltoflytothe first point of intended landing and, assuming normal cruising speed- (1) During the day, tofly after that forat least 30 minutes; or (2)At night, tofly after that forat least 45 minutes. (b) No person may begin a flight ina rotorcraft under VFR conditions unless (considering wind and forecast weather conditions) there is enough fueltoflytothe 6first point of intended landing and, assuming normal cruising speed, tofly after that forat least 20 minutes. § 91.405(a), which states:Maintenance required. Each owner or operator ofan aircraft- (a) Shall have that aircraft inspected as prescribed in subpart Eofthis part and shall between required inspections, except as provided in paragraph (c)of this section, have discrepancies repaired as prescribed in part 43ofthis chapter; § 91.407(a)(l), which states: Operation after maintenance, preventative maintenance, rebuilding, or alteration. (a)) No person may operate any aircraft that has undergone maintenance, preventive maintenance, rebuilding, or alteration unless- (1)Ithas been approved for return to service bya person authorized under §43.7 ofthis chapter; and... § 91.409(a)(1) and (2) which state: Inspections(a) Except as provided in paragraph (c)ofthis section, no person may operate an aircraft unless, within the preceding 12 calendar months, ithas had- (1) An annual inspection in accordance with part 43ofthis chapter and has been approved for return to service bya person authorized by §43.7 ofthis chapter; or (2) An inspection for the issuance ofan airworthiness certificate in accordance with part 21ofthis chapter.7§ 91.417(a) and (b) which state: Maintenance records. (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 ofthe1 00-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 must include- (i)A description (or reference to data acceptable tothe Administrator) ofthe work performed; and (ii) The date of completion ofthe work performed; and (iii) The signature, and certificate number ofthe person approving the aircraft for return to service. (2) Records containing the following information: (i) The total time in service ofthe airframe, each engine, each propeller, and each rotor. (ii) The current status oflife-limited parts of each airframe, engine, propeller, rotor, and appliance. (iii) The time since last overhaul ofall items installed onthe aircraft which are required tobe overhauled ona specified time basis. (iv) The current inspection status ofthe aircraft, including the time since the last inspection required bythe inspection program under which the aircraft andits appliances are maintained. (v) The current status of applicable airworthiness directives (AD) and safety directives including, for each, the method of compliance, the AD or safety directive number and revision date. Ifthe ADor safety directive involves recurring action, the time and date when the next action is required. 8(vi) Copies ofthe forms prescribed by §43.9(d) ofthis chapter for each major alteration tothe airframe and currently installed engines, rotors, propellers, and appliances. (b) The owner or operator shall retain the following records forthe periods prescribed: (1)The records specified in paragraph (a)(1)ofthis section shall be retained until the work is repeated or superseded by other work orfor1year after the work is performed. (2) The records specified in paragraph (a)(2) ofthis section shall be retained and transferred with the aircraft atthe time the aircraft is sold. (3)Alistof defects furnished toa registered owner or operator under §43.11 ofthis chapter shall be retained until the defects are repaired and the aircraft is approved for return to service. EXTENT OF RELIEF SOUGHT (14 C.F.R. § 11.81(c)) 61.113(a) and (b). Relief is requested tothe extent necessary to permit the holder ofa private pilot certificate, with at leasta current third-class medical certificate, to conduct the proposed flight operations for compensation or hire. Section 61.113( a) limits private pilots to being in command of non-commercial flights. Section 61.113(b )(1) provides an exception that allows a private pilot to command an aircraft without passengers or property, in connection with business or employment if "[t]the flight is only

incidental tothat business or employment." Should the exception not apply tothe proposed operations under this petition for exemption, i.e.ifthe flights are not deemed incidental tothe

proposed aerial surveys and photography but rather essential toit,this Petition seeks an exemption to§ 61.113(a)'s commercial limitation and/or§ 61.113(b)(l)'s requirement that the flight be incidental tothe business to benefit from the exception. In specific reference tothe business of Petitioner, this subject will be hereafter further discussed. 91.7(a). FNI seeks relief from 91.7(a) tothe extent that the Phantom 2 Vision+ system isnot eligible foran airworthiness certificate under 14 C.F.R. Part 21 and therefore cannot be airworthy inthe context ofthis regulation. Petitioner's pilots that will be flying the UAS 9have significant flight hours andafine safety record. Additionally, given the size ofthe UAS and the requirements contained inthe Manual(s) for maintenance and use of safety checklists and inspection prior to each flight, an equivalent level of safety will exist. 91.119. Relief is sought from 91.119 duetothe unique nature ofthe proposed operations and the limited capabilities ofthe System. Petitioner can ensure that each operation is conducted within the requirements of 91.119( a)andis therefore not seeking exemption from that section ofthe regulation. With respect to 91.119 (b) and (c) Petitioner seeks relief for two reasons. First, the diminutive size and flight envelope ofthe UA, and the limited range ofthe System necessarily restrict operations tothat oflow level, low speed, line of sight (with the Operator) operations. Combined with the intent ofthe operations primarily being the survey and photography of

property; commercial operation simply could notbe done without exemption. Second, while not a manned helicopter, the PHANTOM is more analogous toa helicopter than other aircraft, which a private pilot is permitted to operate atless than the minimums prescribed in paragraph (b)or (c)of section 91.119 so long asthe operation is conducted without hazard to persons or property onthe surface. 14. C.F.R.§ 91.119( d). Compared to flight operations with rotorcraft weighting far more than the maximum 55 pounds proposed herein, and the lack of flammable fuel, any risk associated with these operations isfar less than those presently presented with conventional aircraft. An equivalent level of safety will be achieved given the size, weight, speed ofthe UAS as well asthe location where itis operated. Furthermore, by operating at such lower altitudes, the UAS will not interfere with other aircraft that are subject tothe minimum safe altitude regulations. 91.121. Relief is sought from 91.121 duetothe design ofthe system. While not possessing an altimeter that canbesetin compliance with the regulation, however the System contains barometric altimeter and GPS derived altitude capabilities. That being said, Petitioner isnot proposing relief inas much asthe Operator is expected to check the System settings prior to each flight, i.e.the Operator will confirm altitude ofthe launch site shown onthe GPS altitude indicator before each flight. The PIC will use the GPS altitude indicator to monitor the UAS's height to ensure safe altitude operation. 1091.151. FNI requests relief from 91.151 duetothe limited design range and associated battery storage capacity. The single flight range and battery capacity are: approximately (i) 800 feet and (ii)12 minutes. Operation ofthe UAS with less than 30 minutes of reserve fuel does not engender the type of risks that Section 91.151 (a) was intended to alleviate given the size and speed ofthe small UAS. 91.405(a), 91.407(a)(l ), 91.409(a)(l) & (a)(2), and 91.417(a) &(b). Due tothe fact that the PHANTOM aircraft and the larger System are not certificated pursuant to14 CFR Part 21, nor issued airworthiness certificates, and duetothe fact that the technology ofthe System isso different from traditional manned aircraft, the System does notfit well into the regulatory

scheme of Part 91 Subpart E.As such Petitioner seeks relief from the above noted regulations. However, Petitioner will maintain all maintenance records related tothe system. Petitioner does not intend to document each battery replacement or charge, however, because the battery is analogous tofuelin manned aircraft, and documenting each charge would beas laborious as documenting each fueling ofa certificated aircraft inthat aircraft's maintenance records. While the UAS does notfit neatly into the regulatory scheme, Petitioner will follow the manufacturer Manual(s) forthe System as well asthe pre-flight inspection protocol developed to best ensure the unitissafe for flight. In other words, the Operator will ensure that the UAS isin working order prior to initiating flight, perform required maintenance, and keep alogofany maintenance performed. The Operator isthe person most familiar with the aircraft and best suited to maintain the aircraft inan airworthy condition to provide the equivalent level of safety. STATEMENT OF PUBLIC INTEREST (14 C.F.R. § 11.81(d)) The public benefits commensurate with the commercial operation ofthe Phantom 2 Vision+ UAS by FNI are numerous. By implementing this technology into the National Airspace System ina deliberate and limited way, the public's interest will be served inthat environmental impacts will be lessened, economies will be more efficient and relative public safety will increase.

This technology will serve to reduce present environmental impacts, and prevent future negative impacts. Being an incredibly small, electrically powered System, environmental impacts are mitigated when this system is used in place of present approved manned aircraft 11operations. Because neither leaded avgas nor jet fuelis burned, the System itself has low impact and further, there isno fuelto ignite and potentially explode. The low weight and tiny motors not only reduce fuel consumption, but reduce noise inthe environment and reduce the

likely hood of other negative environmental impacts such as bird strikes and fuel spills.

The operation ofthis UAS significantly improves safety and reduces risk by alleviating human exposure to danger associated with current aerial survey and inspection methods, namely, full size helicopters. Manned helicopters performing similar services have experienced offer more of a safety risk. The public's interest is furthered by reducing human exposure to death or serious injury associated with manned aircraft performing these services. Because the ·system isso small, cheap and quick to deploy, yet retains the ability to return incredibly detailed information, infrastructure projects canbe monitored more closely for less cost. Infrastructure such as roads, bridges, dams, and treatment plants canbe quickly assessed without the need for heavy equipment such as trucks, cranes, hoists and aircraft that runon fossil fuels. Additionally, with this technology deployed, studies regarding all aspects ofland use, soil,

and topography, become possible where they previously were not dueto economic reasons. The information collected by FNI for their clients will havea broader environmental impact that will benefit everyone, not just the client. When this System is used in support of commercial operations, the public at large will benefit

from the efficiencies that this system brings into the aerial survey market. UAS services in infrastructure design will allow public agencies to have access to aerial based images performed ona more timely basis. REASONS WHY A GRANT OF THIS EXEMPTION WILL NOT AFFECT PUBLIC SAFETY (14 C.F.R. § 11.81(e)) FNIis firmly convinced that this product will not affect public safety inany adverse way, but willinfact enhance it. 12With respect tothe safe operation ofthe aircraft, the Administrator, in exemption No. 11138 has already evaluated the technical specifications ofthe aircraft. In noting its small size, limited speed and numerous safety features (such as low battery autonomous landing, lost-link

event autonomous procedures, auto-pilot and stability control, to name a few), FNI believes

that the Administrator's finding that this System canbe safely operated inthe National Airspace System ("NAS") was correct. In order to ensure that safety, FNI would utilize a certificated pilot asthe Operator, and abide by common sense operating limitations to ensure that the safety ofthe public is ensured. Alist of proposed specific operating limitations is included inthe additional information section, below. The Petitioner is only seeking relief from very specific regulations that relate tothe operation ofthis System, andis suggesting specific alternative procedures to ensure safety in lieu of those regulations from which Petitioner is seeking relief. FNI further notes that by replacing certain manned operations with operations conducted by this small System, public safety will actually be enhanced. In those operations where traditional manned aircraft are presently used, the public bears the risk ofthe crash ofa much larger, heavier vehicle travelling ata much higher rate of speed. Furthermore, many of those manned operations contribute to congestion inthe NAS, andas such an increased risk of collision with other aircraft. Because the PHANTOM will be operated away from the airport environment, the airport environment being the location ofthe highest risk of collision, using this aircraft in place ofa manned aircraft reduces the risk of collision. With respect to each particular regulation for which relief is sought, FNI believes safety is insured: 61.113(a) and (b). Relief is requested tothe extent necessary to permit the holder ofa private pilot certificate, with at leasta current third-class medical certificate holder to conduct the proposed flight operations for compensation or hire. FNI notes that private pilots are allowed to operate aircraft for compensation orhireso long as doing sois incidental to their business and they donot carry passengers. This is done in much heavier, faster aircraft, which posea greater riskto persons or property onthe ground. Inthe case of PHANTOM, the aircraft, through its limited speed and weight poses much less risk of 13harm to those onthe surface. The fact that the very small UA will be operated in accordance with the manufacturer's instructions and over limited parcels ofland, combined with its limited range, negates the long cross-country flying experience sometimes required ofan individual possessing a commercial pilot certificate. Therefore Petitioner believes that an equivalent level of safety with respect to manned aircraft ismet witha minimum certification level of private pilot.In addition tothe foregoing, Petitioner respectfully submits that operation ofthe UAisinno

waya substantive aspect ofits business. The company's business includes consulting services related to engineering, architecture, environmental science, energy, construction services, program management and other planning services. Aerial surveying and photography using a drone are not significant parts ofthe Petitioner's business, whether standing alone or otherwise. Put differently, such activities are not foreseeable and normal parts ofthe business. Additionally, the individual expected tobethe initial PICisan employee of Petitioner, however this person wasinno way employed asa pilot, rather his primary responsibility isasa transportation project manager, a person who oversees the design of roadway projects, including managing bridge and drainage work. Neither henor any other PIC areorwill be compensated for piloting the UA, i.e. there isno additional compensation over and above their usual compensation, noris operating the UA part ofthe job description ofthe PIC ora condition of employment or advancement. The amount of time spent operating the UAis small in comparison to normal work responsibilities. 91.7(a). FNI seeks relief from 91.7(a) tothe extent that the Phantom 2 Vision+ system isnot eligible foran airworthiness certificate under 14 C.F.R. 21 and therefore cannot be airworthy in the context ofthe regulation. The Operator can, before each flight, determine whether ornot the aircraft is capable of safe flight by visually inspecting the System, accomplishing appropriate pre- flight inspections, and ensuring compliance with the manufacturers operating

Manual(s) and therefore an equivalent level of safety will be met. 91.119. Relief is sought from 91.119 duetothe unique nature ofthe proposed operations and the limited capabilities ofthe System. FNI can ensure that each operation is conducted within the requirements of 91.119( a)andis therefore not seeking exemption from that section ofthe 14regulation. With respect to 91.119(b) and (c) FNI seeks relief for two reasons. First, the diminutive size and flight envelope ofthe UA, and the limited range ofthe System necessarily restrict operations tothat oflow level, low speed, line of sight (with the Operator) operations. Combined with the intent ofthe operations primarily being the survey and photography of

property; commercial operation simply could notbe done without exemption. Second, while not a manned helicopter, the PHANTOM is more analogous toa helicopter than other aircraft, which a private pilot is permitted to operate atless than the minimums prescribed in subparagraphs (b)or(c)of section 91.119 so long asthe operation is conducted without hazard to persons or property onthe surface. 14. C.F.R. § 91.119(c). With respect to operating the PHANTOM over or neara structure, FNI submits thatitis often more dangerous for those involved ifa person were to,for example, fall offofaroof ora ladder, or dropa heavy tool such asa hammer, thanit would befor this three pound PHANTOM tofall, so long asthe Operator ensures that hehas permission from the owner and requires that any structure the PHANTOM is operated over or nearisnot occupied, nor are

people inthe immediate vicinity. With those precautions being taken, ahigh level of safety can be achieved.Duetothe Systems limitations with respect to speed and altitude, it's light weight, and ability to maneuver likea helicopter (with an equally trained Private Pilot Operator), andawith the restriction than any structure flown over be with permission and only when unoccupied, FNI respectfully submits that an equivalent level of safety is assured if relief is granted from 91.119 (b) and (c). 91.121. Relief is sought from 91.121 duetothe design ofthe system. While not possessing an altimeter that canbesetin compliance with the regulation, an equivalent level of safety canbe met duetothe fact that the System contains barometric altimeter and GPS derived altitude capabilities, thus ensuring an equivalent level of safety. That being said, FNIisnot proposing relief tothe extent that the Operator isnot expected to check the System settings prior to each flight. 91.151. FNI requests relief from 91.151 duetothe limited battery storage capacity. Petitioner

feels thata good balance of safety and utility canbe metifthe Operator is permitted to plan and 15initiate a daytime VFR flight tothe first intended point of landing, at normal cruising speed which would require no more than 70% battery power. This System possesses several safety features with respect to power, including alow battery warning that first alerts at 30% remaining, andan automated landing function when alow battery is detected bythe System. Should conditions change during the flight, this will leave 30% battery capacity toflytoasafe alternative landing zone. Operation ofthe UAS with 30% of power remaining does not

engender the type of risks that Section 91.151 (a) was intended to alleviate given the size and speed ofthe small UAS. 91.405(a), 91.407(a)(l), 91.409(a)(l) & (a)(2), and 91.417(a) &(b). Due tothe fact that the PHANTOM aircraft and the larger System are not certificated pursuant to Part 21, nor issued airworthiness certificates, and duetothe fact that the size and limited operating area associated with the UAS and the fact that the technology ofthe System isso different from traditional manned aircraft, the System does notfit well into the regulatory scheme of Part 91 Subpart E. The FAA is authorized to exempt aircraft from the requirement ofan airworthiness certificate upon due consideration ofthe size, weight, sppe, operational capability, and proximity to airports and populated areas ofthe particular UAS in question. As such, FNI seeks relief from the above noted regulations. Itis submitted that an analysis of these criteria demonstrates that the UAS that would here be operated without an airworthiness certificate, under the conditions proposed will beat least as safe, or safer, thana conventional rotorcraft operating with an airworthiness certificate without the restrictions and conditions ofthe proposed UAS operations.In order to ensure an equivalent level of safety, FNI will use trained technicians to perform maintenance, alterations, or preventive maintenance onthe UAS using the methods, techniques, and practices prescribed inthe manufacturer's Manual(s). FNI will maintain all maintenance records related tothe system. FNI does not intend to document each battery replacement or charge, however, because the battery operated systems are analogous tofuelin manned aircraft, and documenting each charge would beas laborious

as documenting each fueling ofa certificated aircraft inthat aircraft's maintenance records. 16The UAS tobe operated hereunder isless than 55lbs. fully loaded, carries neither apilot nor passenger, and carries no explosive materials or flammable liquid fuels. Unlike other civil aircraft, the proposed operations inthis Petition for exemption will be controlled and monitored bythe Operator, pursuant tothe Manual(s) requirements. FEDERAL REGISTRY SUMMARY (14 C.F.R. § 11.81(f)) Pursuant to14 C.F.R. Part 11,the following summary is provided for publication inthe FEDERAL REGISTER, should itbe determined that publication is needed: FNI seeks exemption from the requirements of14 C.F.R Sections 45.23(b), 61.113(a) and (b), 91.7(a), 91.119, 91.121, 91.151, 91.405(a), 91.407(a)(l), 91.409(a)(1) and (a)(2), and

91.417(a) and (b). The operation of small UASs, weighting less than 55 lbs., provides an equivalent level of safety and thus supports the grant ofthe exemptions requested herein, including exempting the Petitioner from the requirements ofthe described regulations and allowing commercial operations. These lightweight UASs operate at slow speeds, close tothe ground, andina sterile environment. Asa result, they arefar safer than conventional aerial survey and inspection operations conducted with fixed-wing aircraft or helicopters. This exemption will permit FNI to commercially operate an Unmanned Aircraft System (UAS) for the purpose of conducting aerial survey and photography within the United States. ADDITIONAL INFORMATION IN SUPPORT (14 C.F.R. § 11.81(g)) Documents and Manuals The documents and manuals forthe Phantom 2 Vision+ UAS canbe found at: http://\vw\v.dji.com/product/phantom-2-vision-plus/download. These documents are incorporated into this Petition by reference. However, du·etofile size limitations they are not being attached. Proposed specific operating limitations 171. Operations authorized by this grant of exemption are limited tothe following aircraft described inthe operating documents which isa quad-rotor aircraft weighing less than3

pounds: PHANTOM 2 Vision+ Unmanned Aircraft System. Proposed operations ofany other aircraft will require anew petition ora petition to amend this grant. 2. The UA may notbe flown atan indicated airspeed exceeding 30 knots. 3. The UAmust be operated atan altitude ofno more than 300 feet above ground level (AGL); as indicated bythe procedures specified inthe operating documents. All altitudes reported to ATC must beinfeet AGL. 4. The UA must be operated within visual line of sight (VLOS) ofthe PICatall times. This requires the PICtobe able touse human vision unaided by any device other than corrective

lenses, as specified onthe PIC's FAA-issued airman medical certificate. 5. All operations must utilize a visual observer (VO). The UA must be operated within the visual line of sight (VLOS) ofthe VOatall times. The VO may be used to satisfy the VLOS requirement as long asthe PIC always maintains VLOS capability. The VO and PIC

must be ableto communicate verbally atall times. Such communications may be augmented through the useof radios or other technology so long asnotto interfere with the

operation ofthe UAS. The PIC must be designated before the flight and cannot transfer his orher designation forthe duration ofthe flight. The PIC must ensure that the VO can perform the functions prescribed inthe operating documents. Under the proposed rules for commercial operation of units like the UA, useof aVO would be optional. Petitioner will adhere tothe rules as finalized andif aVO is required, Petitioner will comply with sucha requirement. 6. The operating documents and this grant of exemption must be accessible during UAS operations and made available tothe Administrator upon request. Ifa discrepancy exists

between the conditions and limitations inthis exemption and the procedures outlined inthe operating documents, the conditions and limitations herein take precedence and must be followed. Othenvise, the Operator must follow the procedures as outlined inits operating documents. The Operator may update or revise its operating documents. Itisthe Operator's 18" responsibility to track such revisions and present updated and revised documents tothe Administrator upon request. The Operator must also present updated and revised documents ifhe petitions for extension or amendment toa grant of exemption. Ifthe Operator determines that any update or revision would affect the basis upon which the FAA granted this exemption, then the Operator must petition for amendment toits grant of exemption. The FAA's UAS Integration Office (AFS-80) may be contacted if questions arise regarding updates or revisions tothe operating documents. 7. Prior to each flight, the PIC must inspect the UAS to ensure itisina condition for safe flight. Ifthe inspection reveals a condition that affects the safe operation ofthe UAS, the UAS is prohibited from operating until the necessary maintenance has been performed and

the UAS is found tobeina condition for safe flight. The Ground Control Station must be included inthe preflight inspection. All maintenance and alterations must be properly documented inthe aircraft records. 8. Any UAS maintenance or alterations that affect the UAS operation or flight characteristics, e.g. replacement ofa flight critical component, must undergo a functional test flight. The PIC who conducts the functional test flight must make an entry inthe aircraft records. 9. The pre- flight inspection section inthe operating documents must account forall discrepancies, i.e. inoperable components, items, or equipment, not already covered in the relevant sections ofthe operating documents. 10. The Operator must follow the UAS manufacturer's aircraft/component, maintenance, overhaul, replacement, inspection, and life limit requirements. 11. The Operator must carry outits maintenance, inspections, and record keeping requirements, in accordance with the operating documents. Maintenance, inspection, and alterations must be noted inthe aircraft records, including total flight hours, description of work accomplished, and the signature ofthe authorized person returning the UAS to service. 1912. Each UAS operated under an exemption that may be granted tothis Petition must comply with all manufacturer Safety Bulletins. 13. The authorized person must make an entry inthe aircraft record ofthe corrective action taken against discrepancies discovered between inspections. 14. UAS operations must be conducted byaPIC possessing at leasta private pilot certificate andat leasta current third-class medical certificate. The PIC must also meet the flight review requirements specified in14 CFR 61.56 inan aircraft in which the PICis rated on hisorher pilot certificate. 15. Prior to operations conducted forthe purpose of aerial survey or photography (or similar operations), the PIC must have accumulated and logged, ina manner consistent with 14 CFR 61.51 (b),a minimum of25 hours of total time asaUAS rotorcraft pilot including at least 10 hours logged asaUAS pilot witha multi- rotor UAS. Prior documented flight experience that was obtained in compliance with applicable regulations may satisfy this requirement. Training, proficiency, and experience-building flights can also be conducted under this grant of exemption to accomplish the required flight time. However, said training operations may only be conducted during dedicated training sessions. During training, proficiency, and experience-building flights the PICis required to operate the UA with appropriate distances in accordance with 14 CFR 91.119. 16. Prior to operations conducted forthe purpose of aerial survey or photography (or similar operations), the PIC must have accumulated and logged, ina manner consistent with 14 CFR 61.51(b), a minimum of5 hours as UAS pilot operating the make and model ofthe UAS tobe used in operations under the exemption; 5 hours make and model time may be included inthe10 hours of multi-rotor time prescribed above. The PIC must accomplish 3 take-offs and landings inthe preceding 90 days (for currency purposes). Training, proficiency, experience- building, and take-off and landing currency flights canbe

conducted under this grant of exemption to accomplish the required flight time and90day

currency. However, said training operations may only be conducted during dedicated

training sessions. During training, proficiency, and experience-building flights the PICis required to operate theUA with appropriate distances in accordance with 14 CFR 91.119. 20• }7.The Operator may not permit the PICto operate the UAS forthe purpose aerial survey or photography (or similar operations), unless the PIC has demonstrated and logged ina manner consistent with 14 CFR 61.51(b), the ability to safely operate the UAS ina manner consistent with how the UAS will be operated under this exemption, including evasive and emergency maneuvers and maintaining appropriate distances from people, vessels, vehicles and structures. 18. UAS operations may notbe conducted during night, as defined in14 CFR 1.1. All operations must be conducted under visual meteorological conditions (VMC). 19. The UA may notbe operated less than 500 feet below orless than 2,000 feet horizontally from a cloud or when visibility isless than3 statute miles from the PIC. 20.Ifthe UA loses communications or loses its GPS signal, it must return toapre- determined location within the planned operating area and land orbe recovered in accordance with the operating documents. 21. The PIC must abort the flight inthe event ofunpredicted obstacles or emergencies in accordance with the operating documents. 22. The PICis prohibited from beginning a flight unless (considering wind and forecast weather conditions) there is enough power toflyat normal cruising speed tothe intended landing point and land the UA with 30% battery power remaining. The operator must

obtain anAir Traffic Organization (ATO) issued Certificate of Waiver or Authorization (COA) prior to conducting any operations in Class E airspace. This COA will also require the operator to request a Notice to Airman (NOT AM) not more than 72 hours in advance, but not less than 48 hours prior tothat operation. 23.Itis anticipated that new rules may be promulgated bythe Department of Transportation related tothe registration of unmanned aircraft systems. Petitioner will comply with any such applicable rules prior to their effective date. Inthis same regard, this Petition should be understood to seek exemption from the aircraft marking and identification requirements of14 C.F.R. 91.9(c), 45.23(b) and 45.27(a). Exemption from§ 45.23(b) is warranted because the UAVhasno entrance tothe cabin, cockpit, or pilot station on which any 21#: -... marking canbe placed. Moreover, given the size ofthe UAV, two-inch lettering would be impossible. Any registration/wording be placed onthe fuselage in compliance with§ 45.29(f). 24. Given the nature ofthe specific relief sought by this exemption request, Petitioner requires relief from the associated marking and identification requirements of§ 45.27(a) and §91.9(c), which would require compliance with§ 45.23(b). 25. Before conducting operations, the radio frequency spectrum used for operation and control ofthe UA must comply with the Federal Communications Commission (FCC) or

other appropriate government oversight agency requirements. 26. The documents required under 14 CFR 91.9 and 91.203 must be available tothe PICat the Ground Control Station ofthe UAS any time the UAS is operating. These documents must be made available tothe Administrator orany law enforcement official upon request. 27. The UA must remain clear and yield the right of way toall manned aviation operations and activities atall times. 28. The UAS may notbe operated bythe PIC from any moving device or vehicle. 29. Flight operations must be conducted at least 500 feet from all nonparticipating persons, vessels, vehicles, and structures unless: a. Barriers or structures are present that sufficiently protect nonparticipating persons from the UA and/or debris inthe event ofan accident. The Operator must ensure

that nonparticipating persons remain under such protection. Ifa situation arises where nonparticipating persons leave such protection and are within 500 feet of the UA, 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 of operating closer to those objects and determined thatitdoes not present an undue hazard, and; 22• c. Operations nearer tothe PIC, VO, operator trainees or essential persons donot present an undue hazard to those persons p.er§ 91.119( a). 30. 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 tobe conducted. 31. Any incident, accident, or flight operation that transgresses the lateral or vertical boundaries ofthe operational area as defined byan applicable COA must be reported to the FAA's UAS Integration Office (AFS-80) within 24 hours. Accidents must be reported

tothe National Transportation Safety Board (NTSB) per instructions contained onthe NTSB Web site: www.ntsb.gov. Unless otherwise specified ina grant of exemption related tothis Petition, the UAS, the UAS PIC, and the UAS operations must comply with all applicable parts of14 CFR including, but

not limited to, parts 45, 47, 61, and 91. CONCLUSION Asset forth above, FNI seeks an exemption from certain parts ofthe Federal Aviation Regulations to permit FNI to operate a Phantom 2 Vision+ UAS, for compensation or hire, commercially inthe United States for the purposes of conducting aerial photography and survey. FNI believes thata grant of exemption isinthe public interest and that public safety will notbe negatively affected. By use ofan unmanned system in scenarios where manned aircraft are traditionally operated, FNI believes that public safety will actually be enhanced. Satisfaction ofthe criteria provided in Section 333 of FAA Modernization and Reform Act of 20 12--size, weight, speed, operating capabilities, proximity to airports and populated areas, and operation within visual line of sight provides more than adequate justification for the grant ofthe requested exemptions allowing commercial operation of Petitioner's UAS for the conduct of aerial surveying and photography. 23...,**~** PETITIONER, FNI, in accordance with the Federal Aviation Regulations and the Reform Act of 2012, Section 333, respectfully requests that the Administrator grant this Petition for

an exemption from the requirements of14 C.F.R Sections 45.23(b), 61.113(a) and (b), 91.7(a), 91.119(b) and (c), 91.121, 91.151, 91.405(a), 91.407(a)(1), 91.409(a)(1) and (a)(2), and 91.417(a) and (b), and permit FNI to operate the Phantom 2 Vision+ UAS commercially for the purpose of conducting aerial survey and photography over certain areas ofthe United States. 24"'..,..**-~** Respectfully Submitted, KELLY, H;)RT & HALLMAN LLP /i**.~** f**~/-.,** ' / _,/' ·... By:**.t~ff~~~** Name: oward L. Rosenthal · 201 Main Street, Suite 2500 Fort Worth, Texas 76102 Office: (817) 878-3527 Counsel for Petitioner Approved: FREESE AND NICHOLS, INC.**By:~e"J""""".**Name: Ron . emons, Sr. Vice President/COO 4055 International Plaza, Suite 200 Fort Worth, TX 76109 Office: 817-735-7523

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