UNITED STATES OF AMERICA DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION WASHINGTON, DC

Regulatory Docket No.

IN THE MATTER OF THE PETITION FOR EXEMPTION OF: DigiNovations, Incorporated

FOR AN EXEMPTION S EEKING 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 VI SION+ 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 April 17, 2015

Michael E. Kolowich Dig iNovations, Incorporated One Acton Place Acton, Massachusetts 01720 Email: michael@diginovations.com2 TABLE OF CONTENTS Page

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

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

INTRODUCTION AND INTERESTS OF PETITIONER................. ...................................4

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

. 5

BASIS FOR PETITION......................................................................

................................... 6

NAME AND ADDRESS OF PETITIONER............................................................. 9

THE SPECIFIC SECTIONS OF 14 C.F.R. FROM WHICH DIGINOVATIONS SEEKS EXEMPTION.............................

.................................... .............................. 9

THE EXTENT OF RELIEF DIGINOVATIONS SEEKS AND THE REASON DIGINOVATIONS SEEKS THE RELIEF.........................

............................... 1 3

THE REAS ONS WHY GRANTING DIGINOVATIONS ’S REQUEST WOULD BE IN THE PUBLIC INTEREST .........................................................

................ 1 6

THE REASONS WHY GRANTING THE EXEMPTION WOULD NOT ADVERSELY AFFECT SAFETY...................

....................................................... 20

SUMMARY THAT CAN BE PUBLISHED IN THE FEDERAL REGISTER......3 1 ANY ADDITIONAL INFORMATION, VIEWS, OR ARGUMENTS AVAILABLE TO SUPPORT DIGINOVATIONS ’ REQUEST.........

................ 3 2

CONCLUSION................................................................................................................... .3 3

APPENDICES........................................................................................3 53 GLOSSARY OF ABBREVIATIONS

AGL Above Gr ound 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 System LOL Loss of Link NAS National Airspace System NOTAM Notice to Airman PIC Pilot In Command Section 333 FAA Modernization and Reform Act of 2012 (FMRA) S ection 333 SO Safety Observer SOP Standard Operating Procedures UA Unmanned Aircraft UAS Unm anned Aircraft System VFR Visual Flight Rules VLOS Visual Line of Site VMC Visual Meteorological Conditions VTOL Vertical Takeoff and Landing4 SUMMARY Michael E. Kolowich and his wholly

- owned video production company, DigiNovations Incorporated (hereafter “DigiNovations”), seek exemp tion 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 System pursuant to Section

333 of the FAA Modernization and Reform Act of 2012 (FMRA). This exemption will permit DigiNovations to operate an Unmanned Aircraft System (UAS) for the commercial purpose of conducting aerial video and photography of construction sites, real estate, special events, film sets, a nd landscape over certain areas of the United States until such time as new regulations governing Light UAS are in effect and there has been sufficient time to obtain the necessary certifications

. INTRODUCTION AND INTERESTS OF THE PETITIONER DigiNovations provides its clients with both finished documentary and promotional

films and high

- quality digital video content for use in their commercial, personal, and non

profit multimedia projects. DigiNovations has established itself as a technological

innovator in multimedia and is recognized as a leader in providing a quality product. Its clients include some of New England’s most prestigious institutions and companies, including: Harvard Unversity, M assachusetts Institute of Technology, Boston College, Tufts University, Museum of Science/Boston, Appalachian Mountain Club, TDBank, Fidelity Investments, Boston Red Sox, and Merck. This work sometimes requires aerial videography or photography, which has heretofore been conducted in helicopters and

fixed

- wing aircraft. Michael Kolowich, the sole owner of DigiNovations , has been a certificated airman for 42 years (Certificate #2200700) and has held a commercial pilot5 certificate (airplane/singl e - engine/land) for 38 years , has held an instrument rating for more than 40 years, became a Certified Flight Instructor in 1978 , and currently holds a Ground Instructor certificate issued in 1978. In addition, Michael Kolowich has over two years recreati onal/hobby experience in all aspects of aerial video and photography , and has traveled to Montana to attend special training classes for safe and effective UAV operation

. S ome of this recreational/hobby flight experience has been conducted safely und er a

s tanding authorization from the FAA Tower Chief to operate in certain areas of the L.G.

Hanscom Field (Bedford, Massa c husetts) Class D airspace

. The objective of DigiNovations aerial video and photography operations is to provide high qu ality imaging for a variety of commercial, public, and residential uses, specifically targeting:

• Documentary and promotional f ilm production

• Aerial event filming

• Aerial location scouting and saf ety inspection

• Increase public knowledge of UAS and promote safe UAS operations.

BACKGROUND

Unmanned Aircraft Systems: DJI Phantom 2 Vision + UAS and DJI Inspire 1 UAS DigiNovations seeks an exemption to operate two mo dels of UAS for compensation or hire within the NAS. Both t he DJI Phantom 2 Vision+ and the DJI Inspire 1 (collectively, the “Aircraft”) are vertical takeoff and landing (VTOL) Unmanned Aircraft (UA) with Ground Control Station s (GCS) ut ilizing electronic tablet or smart phone systems.

• The DJI Phantom 2 Vision+ has a maximum gross weight of approximately 2 pounds 11 ounces, while having a length of 16 inches6 width of 16 inches, height of 11.9 inches, and a maximum true air speed of

appr oximately 29 knots.

• The DJI Inspire 1 has a maximum gross weight of approximately 5 pounds 4 ounces, while having a length of 17.2 inches, width of 17.8 inches, and a maximum true speed of 42 knots.

• Both Aircraft are equippe d with four main rotors; driven by Lithium Polymer battery powered electric motors.

The Aircraft that will be operated by DigiNovations will be registered in accordance with 49 U.S.C. 44103, Registration of Aircra ft , 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, DigiNovations Incorporated , pursuant to the provisions of the Federal Aviation 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 , hereby petitions the Administrator to commercially operate the DJI Phantom 2 Vi sion UAS and the DJI Inspire 1 UAS in the National Airspace System (NAS), and for an exemption from the requirements of 14 C.F.R §§ 61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b).

In consid eration of the speed, weight, size, and limited operating area associated with the unmanned aircraft and its operation, DigiNovations ’ operation of7 Phantom 2 Vision+ UAS and DJI Inspire 1 UAS meets the conditions of FMRA Section

333 and therefore, will not require an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H. Accordingly, DigiNovations 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 only apply to aircraft with an airworthiness certificate. DigiNovations submits that the requested relief is proper since an equivalent level of safety will be ensured. DigiNovations will use experienced personnel or technicians to perform maintenance, alterations, or preventive maintenance on the Aircraft using the methods, techniques, and practices prescribed in the operating documents (i.e., DJI

Phant om 2 Vision+ User Manual, DJI Inspire 1 User Manual, Phantom 2 Vision+ Pilot Training Guide, DJI Inspire 1 User Manual , DJI Inspire 1 Maintenance Manual, and DJI Inspire 1 Safety Guidelin es ). Furthermore, DigiNovations will document and maintain all

maintenance records for the Aircraft

. Relief from certain requirements of Section 61.113(a) and (b), entitled Private pilot privileges and limitation s: Pilot in command , is requested by DigiNovations to the extent necessary to allow a Pilot in Command (PIC) who is a holder of a private pilot certificate

and who has demonstrated, by meeting minimum flight

- hour and currency requirements, that the PIC is able to safely operate the DJI Phantom 2 Vision+ UAS or DJI Inspire 1

UAS in a manner consistent with this exemption, including evasive and emergency maneuvers and maintaining appropriate distances from people, vessels, vehicles and

structures and adherence to requirements of operating in the National Airspace system. DigiNovations seeks relief from Section 91.7(a), ent itled Civil aircraft

airworthiness , because the DJI Phantom 2 Vision+ UAS and DJI Inspire 1 UAS do not8 require an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H. As such, DigiNovat ions submits that it will ens ure that the Aircraft are in an airworthy condition, prior to every flight, by determining that the Aircraft are in compliance with the operating documents (i.e., User Manuals, Maintenance Manuals, and Safety Guidelines issued by DJI ), and that the A ircraft are in a condition for safe flight. DigiNovations also seeks an exemption from the requirements of Section 91.121, entitled Altimeter Settings , as the Aircraft will not have a typical barometric altimeter onboard. However, altitude information of the Aircraft will be provided to the PIC via Global Positioning System (GPS) equipment and radi o communications telemetry data link, which downlinks from the UA to the GCS for active monitoring of the flight path. This altitude information, combined with DigiNovations ’s operation of the Aircraft

within vis ual line of sight, at or below 500 feet AGL, will ensure a level of safety equivalent to Section 91.121. Additionally, DigiNovations seeks an exemption from the requirements of Section 91.151(b), entitled Fuel requirements for flight in VFR conditions

. DigiNovations submits that safety will not be affected by operation of the Aircraft during daylight hours in visual meteorological conditions (VMC) under visual flight rules (VFR), with enough batt ery 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 fly after that for at least 4.5 minutes.9 In accordance with 14 C.F.R. § 11.81, DigiNovations 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:

Michael E. Kolowich DigiNovations Incor porated One Acton Place Acton, Massachusetts 01720 (978) 254

- 1221 Email: michael@diginovations.com B. The Specific Sections Of 14 C.F.R. From Which DigiN ovations Seeks Exemption.

1. DigiNovations Seeks Exemption From The Requirements Of Section 61.113(a) And (b). Section 61.113, entitled Private pilot privileges and limitations: Pilot in command , subsections (a) and (b) prescribe the f ollowing, in relevant part: (a) No person who holds a private pilot certificate may act as a pilot in command (PIC) of an aircraft that is carrying passengers or property for compensation or hire; nor may that person, for compensation or hire, act as PIC o f an aircraft. (b) A private pilot may, for compensation or hire, act as PIC of an aircraft in connection with any business or employment if

— (1) The flight is only incidental to that business or employment; and (2) The aircraft does not carry passenger s or property for compensation or hire.

2. DigiNovations Seeks Exemption From The Requirements Of Section 91.7(a). Section 91.7, entitled Civil aircraft airworthiness , subsection (a), states the following: (a) No person may operate a civil aircraft unless it is in an airworthy condition.

3. DigiNovations Exemption From The Requirements Of Section 91.121.10 Section 91.121, entitled Altimeter settings, subsection (a), states the following, in part: (a) Each person op erating an aircraft shall maintain the cruising altitude or flight level of that aircraft, as the case may be, by reference to an altimeter that is set, when operating

--

(1) Below 18,000 feet MSL, to

-- (i) The current reported altimeter setting of a stat ion 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. DigiNovations 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 fly t o the first point of intended landing and, assuming normal cruising speed, to fly after that for at least 20 minutes.

5. DigiNovations 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 inspected as prescribed in subpart E of this part and shall between required inspections, except as provided in paragraph (c) of this section, have di screpancies repaired as prescribed in part 43 of this chapter[.]11 6. DigiNovations From The Requirements Of Section 91.407(a)(1) Section 91.407, entitled Operation after maintenance, preventive maintenance, rebuilding, or alteration , sub section (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 by a person authorized under § 43.7 of this chapter[.]

7. DigiNovations Seeks 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 t his section, no person may operate an aircraft unless, within the preceding 12 calendar months, it has had

-- (1) An annual inspection in accordance with part 43 of this chapter and has been approved for return to service by a person authorized by § 43.7 of this chapter; or (2) An inspection for the issuance of an airworthiness certificate in accordance with part 21 of this chapter.

8. DigiNovations Exemption From The Requirements Of Sections 91.417(a) And 91.417(b). Section 91.417, e ntitled Maintenance records , subsections (a) and (b), state the following: (a) Except for work performed in accordance with §§ 91.411 and 91.413, each registered owner or operator shall keep the following records for the periods specified in paragraph (b) of this section: (1) Records of the maintenance, preventive maintenance, and alteration and records of the 100

- hour, annual, progressive, and other required or approved inspections, as appropriate, for each aircraft (including the airframe) and each engin e, 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; and12 (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 appliance. (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 by the inspection program under which the aircraft and its appliances are maintained. (v) The current status of applicable airworthiness directives (AD) and safety directives including, f or each, the method of compliance, the AD or safety directive number and revision date. If the AD or safety directive involves recurring action, the time and date when the next action is required. (vi) Copies of the forms prescribed by § 43.9(d) of this c hapter for each major alteration to the airframe and currently installed 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) o f this section shall be retained until the work is repeated or superseded by other work or for 1 year after the work is performed. (2) The records specified in paragraph (a)(2) of this section shall be retained and transferred with the aircraft at the tim e 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.13 C. The Extent Of Relief DigiNovations Seeks And The Reason DigiNovations Seeks The Relief.

1. Extent Of Relief DigiNovations Seeks And The Reason DigiNovations Seeks Relief From Section 61.113(a) And (b).

Re lief from Section 61.113(a) and (b) entitled Private pilot privileges and limitations:

Pilot in command , is requested to the extent necessary to allow a PIC either holding a private pilot or higher level certificate, as well as a current and valid airman m edical certificate, and who has met certain flight

- hour and currency requirements to conduct the proposed UAS 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 PIC of an aircraft in connection with any business or employment if: (1) The flight is only incidental to that business or employment; and (2) The aircraft does not carry passengers or property for

compen sation or hire. As set forth more fully below, DigiNovations submits that an equivalent level of safety will be maintained because no PIC will be allowed to operate the Aircraft unless that

PIC possesses at le ast a private pilot certificate and has met certain flight

- hour and currency requirements, demonstrating that the PIC is able to safely operate the Aircraft 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, DigiNovations submits that all flights of the Aircraft , conducted by the PIC pursuant to the grant of this Petition: (1) will be incidental to DigiNovations business; and (2) will not carry passengers or property for compensation or hire.14 2. Extent Of Relief DigiNovations Seeks And The DigiNovations 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 DigiNovations to deter mine that the Aircraft are in airworthy condition prior to every flight by ensuring that the UAS is in compliance with the operating documents (i.e., Monthly Maintenance Log, DJ I Phantom 2 Vision+ Instruction Manual , DJI Inspire 1 User Manual, DJI Inspire 1 Maintenance Manual, and DJI Inspire 1 Safety Guidelines ). DigiNovations seeks the requested relief because the Aircraft do not req uire an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H. Therefore, DigiNovations will ensure that the Aircraft are in airworthy condition based upon its compliance with the operating do cuments (i.e., Monthly Maintenance Log, DJI Phantom 2

Vision+ Instruction Manual , DJI Inspire 1 User Manual, DJI Inspire 1 Maintenance Manual, and DJI Inspire 1 Safety Guidelines ) prior to every flight, and further, determine

that the aircraft are in c ondition for safe flight, as stated in the conditions and limitations

below.

3. Extent Of Relief DigiNovations Seeks And The Reason DigiNovations Seeks Relief From Section 91.121. Relief from Section 91.121, entitled Altimeter settings, may be required to allow flight operations of the Aircraft , which utilize a barometric pressure sensor, GPS equipment, and a radio communications telemetry data link to downlink altitude

information from the UA to the PIC at the ground control station (GCS). Since the FAA requires that any altitude information concerning UAS operations be reported to air traffic control (ATC) in feet above ground level (AGL), DigiNovations seeks the requested r elief

because the Aircraft’s altimeter may be set on the ground to zero feet AGL, rather than the local barometric pressure or field altitude, before each flight.15 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 safety will

be maintained since the Aircraft are e quipped 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 DigiNovations Seeks And The DigiNovations 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 requi red to allow flights of the battery powered

Aircraft during daylight 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 cruising speed, to fly after that for at least 4.5 minutes. DigiNovations seeks the requested relief because without an exemption from Section 91.151(b), the flight time duration of the battery powered Aircraft will severely constrain the practicality of any aerial video or still photo flight operations

that DigiNovations proposes to conduct pursuant to this Petition. Significantly, as set forth below, the technical specifications o f the Aircraft , the operating documents of the Aircraft , and DigiNovations ’s proposed operating limitations, ensure that DigiNovations will safely operate the battery po wered Aircraft during daylight hours in visual meteorological conditions (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, as suming normal cruising speed, to fly after that for at least

4.5 minutes.16 5. Extent Of Relief DigiNovations Seeks And The Reason DigiNovations 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) only apply to aircraft with an airworthiness certificate, DigiNovations requests relief from

these Sections because the DJI Phantom 2 Vision+ UAS and DJI Inspire 1 UAS do not require airworthiness certificates. As set forth more fully below, the DJI Phantom 2 Vision+ UAS meets the conditions of FMRA Section 333 for operation without an airworthiness certificate. Accordingly, DigiNovations will use trained technicians to perform maintenance, alterations, or preventive maintenance on the UASs using the methods, techniques, and practices prescribed in the UAS operating documents (i.e., DJI Phantom 2 Vision+ User Manual, DJI Inspire 1 User Manual, Phantom 2 Vision+ Pilot Training Guide, DJI Inspire 1 User Manual, DJI Inspire 1 Maintenance Manual, and DJI Inspire 1 Safety Guidelines ). Furthermore, DigiNovations will document and maintain all

maintenance records for the Aircraft

. D. The Reasons Why Granting DigiNovations Request Would Be In The Public I nterest; That Is, How It Would Benefit The Public As A Whole. Granting the present Petition will further the public interest by allowing DigiNovations to safely, efficiently, and economically perform aerial video and photography of client sites, events, and landscape over certain areas of the United States. Additionally, use of the Aircraft will decrease congestion of the NAS, reduce pollution, and provide significant benefits to the eco nomy. Notably, the benefits of DigiNovations ’s proposed operation of the Aircraft will be realized without implicating any privacy issues.17 1. The Public Will Benefit From Decreased Congestion Of The NAS.

The Aircraft are battery powered and serve as a safe, efficient, and economical alternative to the manned aircraft traditionally utilized to obtain aerial imagery. By reducing the amount of manned aircraft needed to perform aerial acquisit ions, an exemption allowing the use of petitioner’s UAS’s would reduce the amount of manned aircraft in the NAS, reduce noise and air pollution, as well as increase the safety of life and property in the air and on the ground. D igiNovations has in the past used manned helicopters and fixed

- wing aircraft to accomplish some of the same videography assignments. Furthermore, by reducing the number of manned aircraft operating in the NAS, congestion around airports caused by arriving and departing aircraft will be reduced. The

Aircraft do not require an airport to takeoff or land. Likewise, a reduction of manned aircraft conducting aerial video and photography missions would result in fewer aircraft

that must be handled by air traffic control during the ground, takeoff, departure, arrival, and landing phases of flight operations. 2. The Public Will Benefit From The Safety And Efficiency Of The DJI Phantom 2 Vision+ UAS. Conducting aerial acquisitions with the UA S Aircraft , instead of manned aircraft, will greatly benefit the public by drastically reducing the levels of air and noise pollution generated during traditional aerial video and still photography flight operations. By using

batte ry power and electric motors, the petitioner’s UAS ’ will produce no air pollution, and is the most viable environmentally conscious alternative to the cabin class, six cylinder internal combustion engine aircraft that are typically uti lized for aerial video and photography, while burning approximately 20

- 30 gallons per hour of leaded aviation fuel. The petitioners’ UAS’s , while reducing the carbon footprint of aerial acquisitions, also18 eliminate noise pollu tion, as the UAs are propelled by battery powered electric motors, rather than an internal combustion engine. By using UAS’s to perform aerial acquisitions, the substantial risk to life and property in the air and on the ground , which is usually associated with traditional manned aircraft flight operations, will be substantially reduced or completely eliminated. Aside from the lack of flight crew members located onboard the aircraft, the DJI Phantom 2 Vi sion+ and DJI Inspire 1 UAS ’s (weighing approximately 2 pounds 11 ounces and 7 pounds 4 ounces respectively, at their maximum gross weights with lengths of 16 inches and 17. 5 inches respectively, widths of 16 inches and 17.7 inches respecti vely, and with no liquid fuel on board), has less physical potential for collateral damage to life and property on the ground, and in the air, compared to the manned aircraft that typically conduc t similar operations (weighing approximately 6,000 pounds with a wingspan of approximately 42 feet, a length of 34 feet, and a fuel capacity of 180 gallons). 3. Performing Aerial Video and Photography Operations With UAS ’s Will Benefit The Economy. In addition to being safe and efficien t, the petitioner’s UAS’s are also an economical alternative to using manned aircraft to conduct similar aerial operations. As such, operation of the UAS’s such as the Petitioners’ Aircraft will allow United States based companies, like DigiNovations , 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 phasi ng out leaded aviation fuels, U.S. owned and operated companies must adopt new and alternative technology in order to remain competitive. Operating the battery powered Aircraft is one such technology that not only allows companies greater operational flexibility compared to manned aircraft, but provides such flexibility without the high operational cost of a traditional manned aircraft.19 By operating UAS’s such as the petitioner’s Aircraft , companies s uch as DigiNovations , can remain competitive and profitable, and therefore, provide greater job stability to employees and contractors, which will ultimately contribute to growth of the U.S. economy. Improved financial performance of U.S . companies, through commercial

use of the UAS’s , provides a stable workforce that increases consumer spending; improves local, state, and federal tax revenues; and allows companies to invest in research and development in order to remain competitive both in the United States and abroad. 4. There Are No Privacy Issues. Similar to the manned aerial acquisition flight operations that have been conducted for decades, DigiNovations proposed operation of the Aircraft will not implicate any privacy issues. Specifically, the Aircraft will be operated only in compliance with operating documents (i.e., DigiNovations Aerial Operations Policies , M onthly Maintenance Log, and DJI Phantom 2 Vision+ Instruction Manual) which requires property owner involvement as

well as local law enforcement notification where required , and in accordance with the Federal Aviation Regulations, including the minimum alt itude requirements of 14 C.F.R. §

91.119.20 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 DigiNov ations Seeks Exemption. 1. Reasons Why Petitioner’s UAS Meet s 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 associa ted with the unmanned aircraft and its operation, DigiNovations operation of the Aircraft meet s the conditions of FMRA Section 333, and will not require an airworthiness certificate in

accordance with 14 C.F.R. P art 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 users of the NAS or the public, or otherwise pose a threat to natio nal security. 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 date 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 guidance required by section 334 of this Act. (b) Assessment of Unman ned 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 air ports and populated areas, and operation within visual line of sight do not create a hazard to users of the national airspace system or the public 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 s ection that certain unmanned aircraft systems may operate safely in the national21 airspace system, the Secretary shall establish requirements for the safe operation of such aircraft systems in the national airspace system. In seeking this exemption, DigiNovations submits that the Aircraft can operate safely in the NAS pursuant to FMRA Section 333, as demonstrated by: (a) the

characteristics of the DJI Phantom 2 Vision+ UAS and DJI Inspire 1 UAS ; (b) the pilot

ce rtification requirement; and (c) the specific operating limitations. a. The Specifications Of The DJI Phantom 2 Vision+ UAS and the DJI Inspire 1 UAS Demonstrate Their Safe Characteristics. The DJI Phantom 2 Vision+ UAS and DJI Inspire 1 UAS 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 Aircraft

. The technical spe cifications of the Petitioner’s aircraft are set forth by the DJI Phantom 2 Vision+ Specifications and Data Sheet and the DJI Inspire 1 Specifications

and Data Sheet , attached hereto as Exhibit s A

- 1 and A

- 2

.

ii. The DJI Phant om 2 Vision+ UAS and DJI Inspire 1 UAS Autonomous Flight And Navigation Modes Enable The UAS To Remain Within A Defined Operational Area. The DJI Phantom 2 Vision+ UAS and DJI Inspire 1 UAS may be operated in both manual and fully autonomous flight modes.

• A complete description of the flight and navigational modes of the DJI Phantom 2 Vision+ UAS is provided at pages 25

- 35 of the DJI Phantom 2 Vision+ User Manual, attached hereto as Exhibit B

- 1

.

• A complete description of the flight and navigational modes of the DJI Inspire 1 UAS is provided at pages 12

- 22 of the DJI Inspire 1 User Manual,

attached hereto as Exhibit B

- 2.22 iii. The DJI Phantom 2 Vision+ UAS and DJI Inspire 1 Are Designed For Automatic Return To Home Point Or Hover In The Event Of Loss Of Th e Control Link Or Navigation. When the Control Link is lost, both the DJI Phantom 2 Vision+ UA and DJI Inspire 1 will remain stationary, in flight, for 3 seconds or more. If, after 3 seconds, the DJI Phantom 2 Vision+ UA does not reacquire control link da ta from the GCS, the UA will assume that the Control Link is lost and the UA will return to the home position (i.e., failsafe mode) via GPS, and will descend to the takeoff position and shutdown.

• A complete description of the Failsafe Functions of the DJI Phantom 2

Vision+ UAS is set forth at pages 27 through 29 of the DJI Phantom 2 Vision+ User Manual, attached hereto as Exhibit B

- 1

.

• A complete description of the Failsafe Functions of the Failsafe Functions of the DJI Inspire 1 UAS is set forth on page 15 of the DJI Inspire 1 User Manual, attached hereto as Exhibit B

- 2. iv. The DJI Phantom 2 Vision+ GCS And Its Operation. A complete description of the operation and specifications of the DJI Phantom 2 Vision+ GCS and flight control software is provided at pages 32 through 43 of the DJI

Phantom 2 Vision+ User Manual. DJI Phantom 2 Vision+ User Manual is attached hereto

as Exhibit B

- 1

. v. The DJI Inspire 1 GCS And Its Operation. A complete description of the operation and specifications of the DJI Inspir e 1 GCS and flight control software is provided at pages 32 through 43 of the DJI Inspire 1

User Manual . DJI Inspire 1 User Manual is attached hereto as Exhibit B

- 2

. b. DigiNovations will require certification and substantial experience of its pilots.23 DigiNovations will only utilize certificated pilots or approved pilots with at least private pilot certification and a minimum of 25 hours of total time as operator of a UAS rotorcraft and 5 in the make and model being flown to act as a pilot in command (PIC) of

the DJI Phantom 2 Vision+ UAS and D JI Inspire 1 UAS

.

c. Flights Of DJI Phantom 2 Vision+ and DJI Inspire 1 UAS Will Be Conducted Pursuant To Specific Operating Limitations. In seeking this exemption, proposes to commercially operate DJI Phantom 2

Vision+ and DJI Inspire 1 UAS for the special purpose of conducting aerial video and photography over certain areas of United States, pursuant to the following specific operating limitations , which are wholly adherent to the limitations set forth in the

FAA’s Proposed Part 107 contained in the Notice of Proposed Rulemaking under

Docket FAA

- 2015

- 0150 and dated February 15, 2015 : 1. Operations authorized by this grant of exemption will be limited to the following aircraft d escribed in the operating documents, rotorcraft UASs weighing less than 55 pounds maximum gross weight: DJI Phantom 2 Vision+ and DJI Inspire 1 Unmanned Aircraft System s , or successor versions of the same aircraft (e.g. DJI Phantom 3). 2. UAS operations under this exemption will be limited to conducting operations for the purpose of aerial video and photography. 3. The UAS must be operated at all time s within visual line of sight (VLOS) of the operator or visual observer. 4. At all times the UAS must remain close enough to the operator for the operator to be capable of seeing the Aircraft with vision unaided by any device other than corrective lenses. 5. Aircraft over 4.4 pounds may not operate over any persons not directly involved in the operation. 6. Daylight

- only operations (official sunrise to official sunset, local time) 7. Must yield right

- of

- way to other aircraft, manned or unmanned. 8. May use visual observer (VO), but not required.24 9. First

- person view camera cannot satisfy “see

- and

- avoid” requirement but can be used as long as requirement is satisfied in other ways. 10. Maximum airspeed of 42 knots. 11. Maximum altitude of 500 feet AGL

. 12. Minimum weather visibility of 3 miles from control station. 13. No operations in Class A airspace. 14. Operations in Class B, C, D and E airspace allowed with required ATC permission. 15. Operations in Class G airspace allowed without ATC permiss ion. 16. No person may act as an operator or VO for more than one unmanned aircraft operation at one time. 17. No operations from a moving vehicle or aircraft, other than watercraft on water. 18. No reckless or careless operations.

19. Requires preflig ht inspection by the operator. 20. PIC may not operate the Aircraft if he or she knows or has reason to know of any physical or mental condition that would interfere with the safe operation of a small UAS.

21. Aircraft registration and markings required. 2. Reasons Why An Exemption F rom The Requirements Of Section 61.113(a) And (b) Would Not Adversely Affect Safety. DigiNovations 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 Aircraft unless that PIC has demonstrated, by meeting minimum flight

- hour and currency requirements, that the PIC is able to safely operate the Aircraft in a manner consistent with the exempt ion, including evasive and emergency maneuvers and maintaining appropriate distances from people, vessels, vehicles and structures.25 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). DigiNovations will not allow any PIC to operate the Aircraft unless that PIC has demonstrated, by meeting minimum flight

- hour requirements or the UAS’s training and currency requirements, that the PIC is able to safely operate the Aircraft in a manner consistent with this exemption, including evasive and emergency maneuvers and maintaining appropriate distances from people, vessels, vehicles and structures. Specifically , the PIC must have accumulated and logged, in a manner consistent with 14 C.F.R. § 61.51(b), 25 hours 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 PIC must accomplish 3 takeoffs and landings in the preceding 90 days (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 safety during DigiNovations ’ proposed operations. The Administrator has held that prior documented flight experience that was obtained in complianc e 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 an d 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 PIC must also have accumula ted and logged a minimum of 5 hours as a UAS pilot operating the same make and model of UAS to be used for operations under the exemption. For clarification, the FAA considers these minimum hour requirements26 to be inclusive rather than additive; i.e. 5 hou rs 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 PIC must accomplish 3 takeoffs and landings in the preceding 90 days (for currency purposes). The FAA finds that at a minimum, the flight

- hour requirements in Exemption No. 11062 are appropriate to practice and build proficiency in the skills necessary to safely conduct the petitioner’s proposed operations. The FAA also finds that prior documented flight experience that was obtained in compliance with applicable regulations would satisfy this requirement. Training, proficiency, and experience

- building flights can also be conducted under the grant of exemption to acc omplish the required flight time. During training, proficiency, and experience

- building flights the PIC is required to operate the UA with appropriate distances in accordance with 14 C.F.R 91.119. Exemption No. 11138 at page 15. Accordingly, DigiNovations will ensure safe operations by not allowing any PIC to operate the Aircraft unless that PIC has demonstrated, by meeting minimum flight

- hour and currency requirements, that the PIC is able to safely operate the Aircraft 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 Sec tion 91.7(a) Would Not Adversely Affect Safety. The equivalent level of safety established by Section 91.7(a) will be maintained because prior to every flight, DigiNovations will ensure that the Aircraft are in an airworthy condition based upon the UAS’s compliance with their operating documents

and as stated in the conditions and limitations herein. Additionally, the FAA has previously granted relief from Section 91.7(a) specific to UAS, in circumstances s imilar, in all material respects, to those presented herein (e.g. Exemption Nos. 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110, 11112, 11136, 11138, 11150, 11153, 11156, 11157, 11158, 11159, 11160, 11161).27 4. Reasons Why An Exemption Fr om The Requirements Of Section 91.121 Would Not Adversely Affect Safety. The equivalent level of safety established by Section 91.121 will be maintained

because the altitude information of the Aircraft will be provided to the PIC v ia GPS equipment and a radio communications telemetry data link, which downlinks from the UA to the GCS for active monitoring of the flight path and altitude. This altitude information,

combined with DigiNovations ’s operation of the Aircraft 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 by GPS equipment installed onboard the aircraft. Prior to each flight , a zero altitude initiation point is automatically established by the UASs at ground level. 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. Exem ption 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 DJI

Phantom 2 Vision+ and DJI Inspire 1 UA S’s ; (2) the limitations on the proposed fligh t operations; and (3) the location of the proposed flight operations. Accordingly, DigiNovations will ensure that it will safely operate the battery powered Aircraft during daylight hours in VFR conditions, with enoug h battery power to fly for a total duration of28 13.5 minutes to the first point of intended landing and, assuming normal cruising speed, to fly after that for at least 4.5 minutes. Here, as in Exemption No. 11109, the technical specifications of the DJI Pha ntom 2 Vision+ UAS; the limitations on the proposed flight operations; and the location of the proposed operations, will ensure an equivalent level of safety established by 14 C.F.R. Section 91.151(b). Furthermore, safety will be ensured as the Aircraft provide audible and visual warnings to the PIC at the GCS when the UAs experiences low battery voltage, the first warning occurring at approximately 3 0 % remaining battery power, and again at approximately 10% remaining battery powe r. At the critically low battery level, the

Aircraft will descend and land automatically. Significantly, previous exemptions granted by the FAA concerning Section 91.151 establish that safety is not adversely affected when the techni cal characteristics and operating limitations of the UAS are considered. Relief has been granted for manned aircraft to operate at less than the minimums prescribed in Section 91.151, including Exemption Nos. 2689, 5745, and 10650. Moreover, the FAA has p reviously granted relief from Section 91.151 specific to UAS, in circumstances similar, in all material respects, to those presented herein (e.g. Exemption Nos. 8811, 10808, 10673, 11042, 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110, 11136 , 11138, 11150, 11153, 11156, 11157, 11158, 11159, 11160, 11161). 6. Reasons Why An Exemption From The Requirements Of Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), And 91.417(a) & (b) Would Not Adversely Affect Safety. In seeking this exempt ion, DigiNovations submits that the equivalent level of safety 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 DigiNovations will use trained technicians to perform maintenance, alterations, or29 preventive maintenance on the UAS using the methods, techniques, and practices prescribed in the operating documents (i.e., Monthly Maintenance Log, DJI Phantom 2

Vision+ Instruction Manual , DJI Inspire 1 User Guide, and DJI Inspire 1 Maintenance

Manual ). Furthermore, DigiNovations will document and maintain all maintenance record s for the Aircraft

. Since the Aircraft will be inspected as prescribed by the operating documents, DigiNovations will maintain the equivalent level of safety established by Sections

91.40 5(a), 91.409(a)(1), and 91.409(a)(2). A copy of the DJI Phantom 2 Vision+ User Manuals are attached hereto as Exhibit B; a copy of the DJI Phantom 2 Vision+ UAS

Maintenance LOG is attached hereto as Exhibit C. Likewise, the exemption sought will not advers ely affect safety because DigiNovations will use trained technicians to perform maintenance, alterations or preventive maintenance on the UAS using the methods, techniques, and practices prescribed by the operating documents.

Furtherm ore, the exemption sought would maintain an equivalent level of safety established by Sections 91.407, 91.417(a) and 91.417(b), because all maintenance of the DJI Phantom 2 Vision+ UAS will be performed by trained technicians. Maintenance will

be documente d and maintained utilizing the monthly maintenance log. Significantly, previous exemptions granted by 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 adversely affected when the technical characteristics and operating limitations of the

UAS are considered.

In consideration of DigiNovations proposed operating limitations, the operating documents, and the technical aspects of the DJI Phantom 2 Vision+ UAS and the DJI30 Inspire 1 UAS , DigiNovations submits that safety will not be adversely affected by 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 previously granted re lief specific to UAS in circumstances similar, in all material respects, to those presented herein (e.g. Exemption Nos. 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110, 11112, 11136, 11138, 11150, 11153, 11156, 11157, 11158, 11159, 11160, 11 161). 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, DigiNovations requests tha t the FAA prescribe special conditions for the intended operation of the DJI Phantom 2

Vision+ and DJI Inspire 1 UAS, which contain such safety standards that the Administrator finds necessary to establish a level of safety equivalent to that established by 14 C.F.R. Part 21, Subpart H, and 14 C.F.R §§ 61.113(a) & (b), 91.7 (a), 91.121, 91.151(b), 91.405(a), 91.407(a)(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 c onducting 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 to 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 Administra tor may prescribe special conditions pursuant to 14 C.F.R.31 § 21.16, for operation of the DJI Phantom 2 Vision+ or DJI Inspire 1 UAS, since the airworthiness regulations of 14 C.F.R. Part 21 do not contain adequate or appropriate safety standards, due to t he 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 safety standards for an air craft, aircraft engine, or propeller because of a novel or unusual design feature of the aircraft, aircraft engine or propeller, he prescribes special conditions and amendments thereto for the product. The special conditions are issued in accordance with P art 11 of this chapter and contain such safety standards for the aircraft, aircraft engine or propeller as the FAA finds necessary to establish a level of safety equivalent to that established in the regulations. See 14 C.F.R. § 21.16. Therefore, in acco rdance with FMRA Section 333 and 14 C.F.R. § 21.16, the FAA may prescribe special conditions for Leading Edge’s intended operation of the DJI Phantom 2 Vision+ UAS, which contain such safety standards that the Administrator finds necessary to establish a l evel of safety 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).

F. A Summary That Can Be Published In The Federal Register, stating: The Rules From Which DigiNovations Seeks Exemption: DigiNovations Incorporated seeks exemption from the requirements of 14 C.F.R Sections 61.113(a)&(b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91. 407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b). A Brief Description Of The Nature Of The Exemption DigiNovations Seeks: This exemption will permit DigiNovation s Incorporated to commercially operate an Unmanned Aircraft Sys tem (UAS) for the purpose of conducting aerial video and photography over certain areas of the United States.32 G. Any Additional Information, Views, Or Arguments Available To Support DigiNovations’ Request. This Petition is made pursuan t 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, DigiNovations ’ request for exemption may be granted p ursuant 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 public, or otherwise pose a threat to nationa l security; and further, provides the authority for such UAS to operate without airworthiness

certification. As discussed in detail above, DigiNovations will operate the Aircraft safely in the NAS, without crea ting a hazard to users of the NAS, or the public, or otherwise pose a threat to national security.33 CONCLUSIO N

As set forth herein, DigiNovations seeks an exemption pursuant to 14 C.F.R. § 11.61 and

Section 333 of the FAA Modern ization and Reform Act of 2012 (FMRA), which will permit safe operation of the DJI Phantom 2 Vision+ and DJI Inspire 1 UAS commercially, without an airworthiness certificate, for the limited purpose of conducting aerial video and photography over certain a reas 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 DigiN ovations to safely, efficiently, and economically operate the DJI Phantom 2 Vision+ and DJI Inspire 1 UAS ’s commercially within the NAS.

WHEREFORE , in accordance with the Federal Aviation Regulations and the FAA Modernization and Reform Act of 2012, Sectio n 333, DigiNovations 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 DigiNovations to operate the

DJI Phantom 2 Vision+ UAS and DJI Inspire 1 UAS commercially for the purpose of conducting aerial video and photography over certain areas of the United States.34 Dated: Apr il 1 7 , 2015 Respectfully submitted,

Michael E. Kolowich

Michael E. Kolowich President and Founding Producer DigiNovations Incorporated One Acton Place Ac ton, Massachusetts 01720 Tel: ( 978 ) 254

- 1221 Email: michael@diginovations.com35 Appendices: A-1 – DJI Phantom 2 Vision+ Specifications Data Sheet A-2 – DJI Inspire 1 Specifications B-1 – DJI Phantom 2 Vision+ User Manual (Selections pertaining to Flight Operations B-2 – DJI Inspire 1 User Manual (Selections pertaining to Flight Operations)

APPENDIX A-1 DJI PHANTOM 2 VISION+ TECHNICAL SPECIFICATIONS DigiNovations only utilizes safe and reliable UASs. DJI is an industry leader in small UAS production. DJI UASs are loaded with ground breaking software enabling the user to set parameters which will not allow flight into controlled airspace. Parameters can also be set to limit flight to no higher than a predetermined and set altitude as well as limit flight to a predetermined and set distance. In addition, DJI software provides real-time altitude and location information to the PIC via the linked monitor to smart phone/tablet devices

.36 APPENDIX A

- 2 DJI INSPIRE 1 TECHNICAL SPECIFICATIONS37