### 1 UNITED STATES OF AMERICA DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION

W ASHINGTON , DC

**IN THE M A** 

**TTER OF THE PETITION FOR EXEMPTION OF: CA**  **L REA L ESTA** 

**TE VIDEOS FO**  **R A** **N EXEMPTION SEEKING RELIEF FRO**  **M TH**  **E REQUIREMENT** **S OF** 

**TITLE 14 OF THE CODE OF FEDER A** **L REGULATION S**  **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),**  **A ND 91.417(a) & (b) CONCERNING COMMERCI**  **A L**  **OPER A**  **TION OF DJI Inspire 1**  **A ND DJI Phantom 3 UNMA** **NNED A** **IRCR A** **FT SYSTEM S**  **PURSU A** **NT TO SECTION 333 O**  **F THE**  **F AA** **MODERNIZA TION**  **A ND**  **REFORM A** 

**CT OF**  **2012 (PUBLIC**  **L A** 

**W 112**  **- 95)** 

**Submitted on January 4, 2016**  Joshua Acosta DB A Cal Real Estate Videos 2101 Sugartree Drive Pittsburg, CA 94565 510
- 899
- 9705 joshua.e.acosta@gmail.com

### 2 **T A** **BLE OF CONTENTS** Page GLOSSARY OF ABBREVIATION S



### ................................................................................... ...... 3

SUMMARY



### ............................................................................................................................ ... 4

INTRODUCTION AND INTERESTS OF PETITIONER



### ........................................................... 4

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

. ..... . ......................... . 4

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

. .... . 5

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

. ........................................6 THE SPECIFIC SECTIONS O F 14 C.F.R. FROM W HIC H CAL REAL ESTATE VIDEOS SEEKS EXEMPTI O N

. ............. . ................................. . ...... . 7 THE EXTENT OF RELIEF CAL REAL ESTATE VIDEOS SEEKS AND THE REASON CAL REAL ESTATE VIDEOS , SEEKS THE RELIEF..........

. ..................................................... . ... . ................................................ 1 0 THE REASONS W H Y GRANTIN G CAL REAL ESTATE VIDEOS REQUEST WO ULD BE IN THE PUBLIC INTEREST ..............................

. . ......... . . . ..13 THE REASONS W H Y GRANTIN G TH E EXEMPTIO N W OUL D NO T ADVERSELY AFFECT SAFETY.............................................................................................

. . ........16 SUMMARY THAT CAN BE PUBLISHED IN THE FEDERAL REGISTER...

. ............. 3 0 ANY ADDITIONAL INFORMATION, VI EW S , O R ARGUMENT S AVAILABL E TO SUPPORT JOSHUA ACOSTA’ S REQUES T

. . ......................................... . ...... 3 0 CONCLUSION................................................................................

. .................... . ..... . . . . ........ . 31 APPENDICES............................................................

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

### 3 **GLOSS A** **RY OF**  **A BBREVI**  **A TIONS**  AGL Above Ground Leve l AOI Area of Interest AT C Air Traffic Contro l AT O Air Traffic Organizatio n A V Aerial Vehicle CF R Code of Federal Regulations COA Certificate of Authorization FA A Federal Aviation Administration FA R Federal Aviation Regulation GCS Ground Control Station GPS Global Positioning Syste m LOL Loss of Link NAS National Airspace System NOTAM Notice to Airman PIC Pilot In Command Section 333 FA A Modernizatio n an d Reform Act o f 201 2 (FMRA ) Section 333 S O Safety Observer SOP Standard Operating Procedures U A Unmanned Aircraft UAS Unmanned Aircraft System VF R Visual Flight Rules VLOS Visual Line of Site V M C Visual Meteorological Conditions VTOL Vertical Takeoff and Landing

### 4 **SUMM A** **RY** CAL REAL ESTATE VIDEOS seeks 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), to operate an Unmanned Aircraft System pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (FMRA). This exemption will permit CAL REAL ESTATE VIDEOS to operate an Unmanned Aircraft System (UAS) for the commercial purpose of conducting aerial video and photography of real estate, commercial properties, weddings, and landscape over certain areas of the United States.

**INTRODUCTION A** **ND INTERESTS**  **OF THE**  **PETITIONER** CAL REAL ESTATE VIDEOS provides his clients wit h photography and video services of properties and buildings fo r the purpose of advertising and promot ion. CAL REAL ESTATE VIDEOS will also provide wedding videos and photographs fo r customers. Th e objective of CAL REAL ESTATE VIDEOS and his aerial operations is to provide high quality imaging for a variety of commercial, publ i c, and residential uses, specifically targeting:

• Residential Construction

• Real
- estate marketing


### • Resort property marketing



### • We dding photography

**B A**  **CKGROUND** Unmanned Aircraft Systems: DJI Inspire 1, DJI Phantom 3 UASs CAL REAL ESTATE VIDEOS seeks an exemption to operate DJI system s fo r compensatio n o r hire withi n th e NAS

. Th e DJ I Inspire 1 an d DJ I Phanto m 3 are vertica l takeof f an d landin g (VTOL ) Unmanne d Aircraf

t (UA ) wit h a Groun d Contro l Statio n (GCS) utilizing electronic tablet or s m art phon e systems

. Th e DJ I Inspire 1 ha s a maximu m gross weight of approximately 6 pounds 8 ounces, while having a length of 17 inches width of 18 inches, height of 12 inches, and a maximum speed of approximately 43 knots. The DJI Phantom 3 has a maximum gross we ight of 6 pounds 7.5 ounces, a length of 17.3 inches, width of 17.7 inches, height of 11.8 inches, and a maximum speed of approximately 42 knots. The DJI Inspire 1 and DJI Phantom 3 UAs are equipped with four main rotors; driven by Lithium Polymer b attery powered electric motors.

### 5 **BA SIS FOR POSITION**  Petitioner, CAL REAL ESTATE VIDEOS , pursuant to the provisions of the Federal Aviation Regulations (1 4 C.F.R. § 11.61) and the FAA Modernization and Reform Act of 2012 (FMRA), Section 333, S pecial Rules for Certain Unmanned Aircraft Systems , hereby petitions the Administrator to commercially operate the DJI Inspire 1 and DJI Phantom 3 UASs in the National Airspace System (NAS), and for an exemption from the requirements of 14 C.F.R §§ 61.113 ( a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b). In consideration of the speed, weight, size, and limited operating area associated with the unmanned aircraft and its operation, CAL REAL ESTATE VIDEOS operation of DJI Inspire 1 and DJI Phantom 3 UASs meets the conditions of FMRA Section 333 and therefore, will not require an airworthiness certificate in accord ance with 14 C.F.R. Part 21, Subpart H. Accordingly, CAL REAL ESTATE VIDEOS 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 airc raft with an airworthiness certificate. CAL REAL ESTATE VIDEOS submits that the requested relief is proper since an equivalent level of safety will be ensured. CAL REAL ESTATE VIDEOS will use experienced personnel or technicians to perform maintenance, alterations, or preventive maintenance on the UASs using the methods, techniques, and practices prescribed in the operating documents (i.e., Monthly Maintenance Log, and DJI Inspire 1 a nd DJI Phantom 3 Instruction Manual). Furthermore, CAL REAL ESTATE VIDEOS will document and maintain all maintenance records for the DJI Inspire 1 and DJI Phantom 3 UASs.
Relief from certain requirements of Section 61.113(a) and (b), entitl ed Private pilot privileges and limitations: Pilot in command, is requested by CAL REAL ESTATE VIDEOS to the extent necessary to allow a Pilot in Command (PIC) holding a private pilot or higher level certificate, as well as an airman medical certificate, a nd who has demonstrated, by meeting minimum fligh t
- hour and currency requirements, that the PIC is able to safely operate the DJI Inspire 1 and DJI Phantom 3 UASs in a manner consistent with this exemption, including evasive and emergency maneuvers and ma intaining appropriate distances from people, vessels, vehicles and structure
. JOSHUA ACOSTA has started the ground school portion of 14 CFR 141, which has equipped him with the knowledge of classes of airspace, visual flight rules VFR and all other knowledge need to operate in uncontrolled airspace. He anticipates on passing before the FAA reviews his appl ication for exemption.

### 6

CAL REAL ESTATE VIDEOS seeks relief from Section 91.7(a), entitled Civil aircraft airworthiness , because the DJI Inspire 1 and DJI Phantom 3 UASs do not require an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpa rt H. As such, CAL REAL ESTATE VIDEOS submits that he will ensure that the DJI Inspire 1 and DJI Phantom 3UASs are in an airworthy condition, prior to every flight, by determining that the UASs are in compliance with the operating documents (i.e., Monthly M a intenance Log, and DJI Inspire 1 and DJI Phantom 3 Instruction Manual), and that the aircraft are in a condition for safe flight. He will utilize the preflight instructions provided by DJI to ensure airworthiness checks prior to each flight. CAL REAL ES TATE VIDEOS al so seeks an exemption from the requirements of Section 91.121, entitled Altimeter Settings , as the DJI Inspire 1 and DJI Phantom 3 UAs will not have a typical barometric altimeter onboard. However, altitude information of the DJI Inspire 1 an d DJI Phantom 3 UAs will be provided to the PIC via Global Positioning System (GPS) equipment and radio communications telemetry data link, w h ic h downlinks from the UA to the G P S for active monitoring of the flight path. This altitude information, combined with CAL REAL ESTATE VIDEOS ’s operation of the DJI Inspire 1 and DJI Phantom 3 UASs within visual line of sight, at or below 500 feet AGL, will ensure a level of safety equivalent to Section 91.121. Additionall y , CAL REAL ESTATE VIDEOS see ks a n exemption from the requirements of Section 91.151(b), entitled Fuel requirements for flight in VFR conditions

. CAL REAL ESTATE VIDEOS submits tha t safety will not be affected by operation of the DJI Inspire 1 and DJI Phantom 3 UAs duri n g daylight hours in visual meteorological conditions (VMC) under visual flight rules (VFR), with enough battery power to fly for a total duration of approximately 14.5 minutes to the fi rst point of intended landing and, assuming normal cruising speed, to f ly after that for at least 4.5 minutes. In accordance with 14 C.F.R. § 11.81, CAL REAL ESTATE VIDEOS provides the following information in support of its petition for exemption :
**A**
**. Name**  **A nd**  **A**

**ddress Of The Petitioner.** The name and address of the Petitioner and point of contact is: JOSHUA ACOSTA DBA CAL REAL ESTATE VIDEOS 2101 Sugartree Drive Pittsburg , CA 94565 510
- 899
- 9705 joshua.e.acosta@gmail.com

### 7

**B. The Specific Sections Of**  **14 C.F.R. From Which CA**  **L REA L ESTA** **TE VIDEOS**  **Seeks Exemption. 1.**  **CA L REA**  **L ESTA TE VIDEOS**  **Seeks Exemption From The Requirements Of Section 61.113(a)**  **A nd**  **(b).** Section 61.113, entitled Private pilot privile g es and limitations: Pilot in command, subsections (a) and (b) prescribe the following, in relevant part: (a) No person who holds a private pilot certificate may act as a pilot in command (PIC) of an aircraft that is carrying passengers or property for compensation or hire; nor may that person, for compens ation or hire, act as PIC of an aircraft. (b) A private pilo t may, for compensation o r hire , act a s PI C of a n aircraf t in connection with any business or employment i f

— (1) The flight is only incidental to that bus i ness or employment; and (2) The aircraft does not carry passengers or property for compensation or hire. **2. CA**  **L REA L ESTA** **TE VIDEOS Seeks**  **Exemption Fro**  **m 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. CA**  **L REA L ESTA** **TE VIDEO Seeks**  **Exemption Fro**  **m The**  **Requirements Of Section 91.121.** Section 91.121, entitled Altimeter sett ings, subsection (a), states the following, in part: (a) Each person operating an aircraft shall maintain the cruising altitude or flight level of that aircraft, as the case may be, 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 statio n alon g 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

### 8 the departure airport or an appropriate altimeter setting available before departure.
**4. CA**  **L REA L ESTA** **TE VIDEOS Seeks**  **Exemptio n**  **Fro m**  **The Requirements Of Sec** **tion 91.151(b).** Section 91.151, entitled Fuel requirements for flight in VFR conditions , subsection (b), states the following:

(b) No perso n may begi n a flight i

n a rotorcraf

t under VF

R conditions unless (considering wind and forecast weather conditions) there i s enough fuel t

o fly to the first poin t o f intende d landin g and , assuming normal cruisin g speed, to fly after that for at least 20 minutes.
**5. CA**  **L REA L ESTA** **TE VIDEOS Seeks Exemption From The**  **R equirement Of Section 91.405(a).**  Section 91.405, entitled Maintenance require d, subsection (a), states the following: Each owner or operator of an aircraf t

— (a) Shal l have that aircraf t inspected a s prescribe d i n subpart E of thi s part and shal l betwee n required inspections , except a s provide d i n paragrap h (c ) of this section, have discrepancies repaired as prescribed in part 43 of this chapter[.]
**6. CA**  **L REA L ESTA** **TE VIDEOS Seeks Exemption From The**  **Requirements Of Section 91.407(a)(1)** Se ction 91.407, entitled Operation after maintenance, preventive maintenance, rebuilding, or alteration , subsection (a)(1), states the following: (a) No person may operate any aircraft that has undergone maintenance, preventive maintenance, rebuilding, or a l teration unless
-- (1) It has been approved for retur n to service by a person authorized under § 43.7 of this chapter[.] **7. CA**  **L REA L ESTA** **TE VIDEOS Seeks Exemption From**  **The Requirements Of Sections 91.409(a)(1) A** **nd 91.409(a)(2).** Section 91.409, entitled Inspections , subsection (a), states the following:

### 9 (a) Except as provided in paragraph (c) of this section, no person may operate an aircraft unless, within the preceding 12 calendar months, it has had
-- (1) A n annua l inspectio n i n accordance wit h par t 4 3 of thi s chapte r and has been approved fo r return to service b y a perso n authorized b y § 43.7 of this chapter; or (2) A n inspection fo r the issuance of an airworthines s certificate in accordance with part 21 of this chapter. **8. CA** **L REA L ESTA** 

**TE VIDEOS Seeks**  **Exemption From**  **The Requirements Of Sections 91.417(a)**  **A nd 91.417(b).**  Section 91.417, entitled 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 followin g 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 engine, propeller, rotor, and appliance of an aircraft. The records must include
-- (i) A description (or reference to dat a acceptable to th e Adminis t rator) of the work performed; and (ii) The date of completi on of the work performed; and

(iii ) The signature, an d certificate numbe r of th e perso n approvin g the aircraft for return to service. (2) Records containing the following information:

(i) The total time i n servi ce of t he airframe , eac h 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 overhau l of al l items installed on the aircraft w h ich are required to be overhauled on a specified time basis. (iv ) The current inspectio n status of t he aircraft, includin g th e time since th e las t inspectio n required b y the inspectio n progra m under

### 10 w h ich the aircraft and its appliances are maintained. (v ) The current status of appl i cable airworthiness directives (AD) and safety directives including, for 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 chapter for each major alteration to the airframe and currently installed engines, rotors, propellers, and appliances. (b) The owne r or operato r shal l retain the followin g records fo r th e periods prescribed: (1) The records specified in paragraph (a)(1) of 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 time the aircraft is sold. (3) A list of defects furnished to a registered owner or operator under § 43.11 of this chapter shall be retained until the defects are repaired and the aircraft is approved for ret u rn to service.
**C**
**. Th**  **e Extent**  **O f**  **Relie f**  **CA L**  **RE AL** **E STA** **TE VIDEOS**  **Seeks A** **nd Th**  **e Reason**  **CA L REA**  **L ESTA TE VIDEOS**  **Seeks The Relief.**
**1. Extent Of Relief CA**  **L REA L ESTATE VIDEOS**  **Seeks A** **n d**  **The Reaso**  **n CA** **L REA L ESTATE VIDEOS**  **Seeks Relief From Section**  **61.113(a) A** **nd (b).**  Relief from Section 61.113(a) and (b) entitled Private pilot privileges and limitations: Pilot in comman d, is requested to the extent necessary to allow a PIC holding a private pilot or higher l evel certificate, as well as a current and valid airman medical certificate, and who has met certain fligh t
- hour and currency requirements, to conduct the proposed UAS flight operations for compensation or hire. This relief is requested since the limitat ion s se t fort h i n Sectio n 61.113(a ) an d (b ) state tha t a private pilo t may , fo r compensatio n o r hire , act a s PI C of a n aircraf t i n connectio n wit h any busines s o r employmen t if : (1 ) Th e fligh t i s onl y incidenta l to tha t busines s or

### 11

employment; and (2) The aircraft does no t carry passengers or property for compensation or hire. As set forth more fully below, CAL REAL ESTATE VIDEOS submits that an equivalent level of safety will be maintained because no PIC will be allowed to operate the DJI Inspire 1 UAS or DJI Phantom 3 UAS unless that PIC has met certain fligh t
- hour and currency requirements, demonstrating that the PIC is able to safely operate either the DJI Inspire 1 or DJI Phantom 3 UAS in a manner consistent with the operations specifica t ions as described in this exemption, including evasive and emergency maneuvers, as well as maintaining appropriate distances from people, ves sels, vehicles and structures. Further, CAL REAL ESTATE VIDEOS submits that all flights of the DJI Inspire 1 and DJI Phantom 3 UASs, conducted by the PIC pursuant to the grant of this Petition: (1) will be incidental to CAL REAL ESTATE VIDEOS ’s business; a nd (2) will not carry passengers or property for compensation or hire.
**2. Extent O** **f Relief CA**  **L REA L ESTATE VIDEOS**  **Seeks A** **nd Th**  **e Reaso**  **n CA**  **L RE**  **AL ESTA** **TE VIDEOS 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 CAL REAL ESTATE VIDEOS to determine that the DJI Inspire 1 and DJI Phantom 3 UASs are in airworthy condition prior to every flight by ensuring that the UAS is in compliance with the operating documents (i.e., the CAL REAL ESTATE VIDEOS Aerial Operations Manual, Monthly Maintena nce Log, and DJI Inspire 1 and DJI Phantom 3 Instruction Manual). CAL REAL ESTATE VIDEOS seeks the requested relief because the DJI Inspire 1 and DJI Phantom 3 UASs do not require an airwort h iness certificate in accordance with 14 C.F.R. Part 21, Subpart H . Therefore, CAL REAL ESTATE VIDEOS will ensure that the DJI Inspire 1 and DJI Phantom 3 UASs are in airworthy condition based upon its compliance with the operating documents (i.e., Monthly M a intenance Log, and DJI Inspire 1 and DJI Phantom 3 Instruction Manual) prior to every flight, and further, determine that the aircraft are in condition for safe flight, as stated in the conditions and limitations below.
**3. Extent Of Rel**  **i e**  **f CA**  **L REA L ESTATE VIDEOS**  **Seeks and the**  **Reaso n**  **CA L**  **RE AL** **ESTATE VIDEOS Seeks**  **Relief From Section 91.121.** Relief from Section 91.121, entitled Altimeter settings, may be required to allow flight operations of the DJI Inspire 1 a n d DJ I Phanto m 3 UASs , whic h utiliz e a barometri c pressure sensor,

### 12

GP S equipment , an d a radi o communication s telemetr y data lin k to downlin k altitud e information from the UA to the PIC at the ground control station (GCS). Since the FAA requires that any a l titud e informatio n concernin g UAS operation s b e reported to air traffic control (ATC) in feet above ground level (AGL), CAL REAL ESTATE VIDEOS seeks the requested relief because the DJI Inspire 1 and DJI Phantom 3 UA’s altimeter may be set on the ground to zero feet AGL, rather than the local barometric pressure or field altitude, before each fli ght. Considering the limited altitude of the proposed operations, relief from 14 CFR 91.121 is sought to the extent necessary to comply with the ap p licable conditions and limitations stated below. As more fully set forth herein, an equivalent level of safety will be maintained since the DJI Inspire 1 and DJI Phantom 3 UAs are equipped with a barometric pressure sensor and GPS equipment, which automat i cally ensures that a ground level pressure setting will be established prior to each flight, and provide s the PIC with altitude information of the UA on the head s - up display of the GCS.
**4. Extent Of Relief CA**  **L REA L ESTATE VIDEOS**  **Seeks and the**  **Reaso n**  **CA L**  **RE AL** **ESTATE VIDEOS Seeks Relief**  **from Section 91.151(b).** 
Relief from Section 91.151(b) entitled Fuel requirements for flight in VFR conditions, is requested to the extent required to allow flights of the battery powered DJI Inspire 1 and DJI Phantom 3 UAs during daylight hours in visual meteorological conditions (VMC), under visual flight rules (VFR), for a total duration of 14.5 minutes to the first point of intended landing and, assuming normal cruising speed, to fly after t ha t for at least 4.5 minutes. CAL REAL ESTATE VIDEOS seeks the requested relief because without an exemption from Section 91.151(b), the flight time duration of the battery powered DJI Inspire 1 and DJI Phantom 3 UAs will severely constrain the practicality of any aerial video or still photo flight operations that CAL REAL ESTATE VIDEOS propo ses to conduct pursuant to this Petition. Significantly, as set forth below, the technical sp e cif ications of the DJI Inspire 1 an d DJI P hantom 3 UASs, the DJI Inspire 1 and DJI Phantom 3 operating documents, and CAL REAL ESTATE VIDEOS ’s proposed operating limitations, ensure that CAL REAL ESTATE VIDEOS will safely operate the battery powered DJI Inspire 1 and D JI Phantom 3 UAs during daylight hours in visual meteorological conditions (VMC), under visual flight rules (VFR), with enough battery power to fly for a total duration of 14.5 minutes to the first point of intended landing and, assuming normal cruising speed, to fly after that for at least 4.5 minutes.

### 13

**5. Extent Of Relief**  **CA L REA**  **L ESTA TE VIDEOS**  **Seeks A** **n d**  **The Reaso**  **n CA** **L REA L ESTATE**  **VIDEOS Seeks Relief From Sections**  **91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), A** **nd 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 , CAL REAL ESTATE VIDEOS requests relief from these Sections because the DJ I Inspire 1 an d D JI Phantom 3 UASs d o not require airworthiness certificates. As set fort h more fully below, the DJI Inspire 1 an d DJI Phantom 3 UAS s mee t the conditions of FMRA Section 33 3 for operation without an airworthiness certificate. Accordingly, CAL REAL ESTATE VIDEOS will use trained technicians to perform maintenance, alterations, or preventive maintenance on th e UAS s usin g th e m ethods, techniques , and practices prescribed i n th e UAS operatin g documents (i.e. , the CAL REAL ESTATE VIDEOS Aerial Operations Manual , Monthl y Maintenance Log , an d DJI Inspire 1 and DJI Phantom 3 Instruction Manual)

. Furthermore , CAL REAL ESTATE VIDEOS will document and maintain all maintenance records for the DJI Inspire 1 an d DJ I Phanto m 3 UA S s.

**D. The Reasons Why**  **Granting CA**  **L REA L ESTA** **TE VIDEOS Request Would Be In The**  **Public Interest; That Is, H o**  **w It Would Benefit The Public A**  **s A Whole.**  Granting the present Petition will fu rther the public interest by allowing CAL REAL ESTATE VIDEOS to safely, efficiently, and economically perform aerial video and photography of real estate, people , and landscape over certain areas of the United States. Additionally, use of the DJI Inspire 1 and DJI Phantom 3 UASs will decrease congestion of the NAS, reduce pollution, and provide significant benefits to the economy. Notably, the benefits of CAL REAL ESTATE VIDEOS ’s proposed operation of the DJI Inspire 1 and DJI Phantom 3 UASs will be reali zed without implicating an y privacy issues. **1. The Public Will Benefit From Decreased Congestion Of The N A**  **S.** The DJI Inspire 1 and DJI Phantom 3 UAs are battery powered and serve as a safe, efficient, and economical alternative to the manned aircraft traditionally utilized to obtain

### 14

aerial imagery. By reducing the amount of manned aircraft needed to perform aerial acquisitions, an exemption allowing the use of a DJI Inspire 1 or DJI Phantom 3 UAS would reduce the amount of manned aircraft in the NAS, reduce noise and air pollu t ion, as we ll as increase the safety of life and property in the air and on the ground. 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 D JI Inspire 1 and DJI Phantom 3 UAs do not require an airport to takeoff or land. Likewis e, 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**  **A nd**  **Efficiency Of The DJI Inspire 1**  **and DJI Phantom 3 U A**  **Ss.** Conducting aerial acquisitions with the DJI Inspire 1 and DJI Phantom 3 UASs, instead of manned aircraft, will greatly benefit the public by drastically reducing the levels of air and noise pollution generated during traditional aerial video and still photography flight operations. By using battery power and electric motors, t he DJI Inspire 1 and DJI Phantom 3 UASs produce no air pollution, and is the most viable environmentally conscious alternative to the cabin class, six cylinder internal combustion engine aircraft that are typically utilized for aerial video and photograph y , while burning approximately 20
- 30 gallons per hour of leaded aviation fuel. The DJI Inspire 1 and DJI Phantom 3 UAs, while reducing the carbon footprint of aerial acquisitions, also eliminates noise pollution, as the UAs are propelled by battery powered electric motors, rather than an internal combustion engine. By using the DJI Insp ire 1 and DJI Phantom 3 UASs 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 Inspire 1 and DJI Phantom 3 UAs (weighing approximately 2 pounds 11 ounces and 6 pounds 7.5 ounces respectively, at their maximum gross weights with lengths of 16 inches and 17.3 inches respectively, widths of 16 inches and 17.7 inches respectively, and with no fuel on board), has less physical potential for collateral damage to life and property on the ground, and in the air, compared to the manned aircraft that typically conduct 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 A** 

**erial Video and Photography Operations With The DJI**  **Inspire 1 and DJI Phantom 3 U**  **A Ss Will Benefit The Econom**  **y .** 

### 15

In addition to being safe and efficient, the DJI Inspire 1 and DJI Phantom 3 UASs are also an economical alternative to using manned aircraft to conduct similar aerial operations. As such, operatio n of the DJI Inspire 1 and DJI Phantom 3 UASs will allow United States based companies, like CAL REAL ESTATE VIDEOS , to remain competitive and contribute to growth of the U

. S. economy. Specifically, with the rising cost of aviation fuel and the Environmental Protection Agency (“EPA”) regulatory actions phasing out leaded aviation fuels, U.S. owned and operated companies must adopt new and alternative technology in order to re main competitive. Operating the battery powered DJI Inspire 1 and DJI Ph antom 3 UASs 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. By operating the DJI Inspire 1 and DJI Phantom 3 UASs, companies such as CAL REAL ESTATE VIDEOS , 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 f inancial performance of U.S. companies, through commercial use of the DJI Inspire 1 and DJI Phantom 3 UASs, provides a stable workforce that increases consumer spending; improves local, state, and federal tax revenues; and allows companies to invest in res earch and development in order to remain competitive both in the United States and abroad.
**4. There**  **A re No Privacy**  **Issues.** Simila r to th e manne d aeria l acquisitio n fl ight operations that have been conducted for many years, CAL REAL ESTATE VIDEOS ’s proposed operation of the DJI Inspire 1 an d DJ I Phanto m 3 UAS s wil l no t implicate an y privacy issues

. Specifically , th e DJI Inspire 1 an d DJ I Phanto m 3 UAS s w i l l b e operate d onl y i n compliance wit h operating documents (i.e., the CAL REAL ESTATE VIDEOS Aerial Operations Manual , Monthl y Maintenance Log , an d DJ I Inspire 1 an d DJ I Phanto m 3 Instructio n Manual) which requires property owner involvement an d permissio n to videotape/photograp h as well as local law enforcement notification, and in accordance with the Federal Aviation Regulations, including the minimum altitude requirements of 14 C.F.R. § 91.119. **E. The Reasons Why Granting The Exemption Would**  **Not A**  **dversely A** 

**ffect Safet y** **, Or**  **Ho w**  **The Exemption Would Provide A Level Of Safety**  **A t Least Equal To That Provided**  **B y**  **T he Rule From Which**  **CA L REA**  **L ESTA TE VIDEOS**  **Seeks Exemption. 1.**  **Reason s**  **Why T**  **he DJ**  **I Inspire 1**  **and DJ**  **I Phantom**  **3 U**  **A s**  **Meet Th**  **e Conditions**  **Of The FAA Modernization and Reform**  **A ct of 2012 (FMR** **A**

**) Section 333.** In consideration of the size, weight, speed, and limited operating area associated with the

### 16

unmanned aircraft and its operation, CAL REAL ESTATE VIDEOS ’s operation of the DJI Inspire 1 and DJI Phantom 3 UASs meet the conditions of FMRA Section 333, and will not require an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H. Section 333 provides authority for a UAS to operate without airworthiness certification and sets forth requirements for considering whether a UAS will create a hazard to users of the NAS or the public, or otherwise pose a threat to national security. Specifically, FMRA Section 333 states the following, in part:

(a) In General

. -- Notwithstanding any other requirement of this subtitle, and not later than 180 days after t he date of enactment of this Act, the Secretary of Transportation shall determine if certain unmanned aircraft systems may operate safely in the national ai r space system before completion of the plan and rulemaking required by section 332 of this Act or th e guidance required by section 334 of this Act. (b) Assessmen t o f Un manned Aircraft Syste m s
. -- In making the deter

mination under subsection (a), the Secretary shall deter mine, at a minimu m-- (1) which types of unmanned aircraft systems, if any, as a result of their si z e, weight, speed, operational capability, proximity to airports and populated areas, and operation within visual line of sight do not create a ha z ard 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 authoriz ation, or airworthiness certification under section 44704 of title 49, United States Code, is required for the operation of unmanned aircraft systems identified under paragraph (1).
(c) Requirements for Safe Operation

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

I n seekin g thi s exemption , CAL REAL ESTATE VIDEOS submits that th e DJ I Inspire 1 an d DJ I Phanto m 3 UAS s ca n operate s afel y i n th e NAS pursuan t to FMRA Sectio n 333 , a s demonstrate d by : (a ) th e characteristics of th e DJ I Inspire 1 an d DJ I Phantom 3 UASs;

### 17

(b) the pilot certification requirement; and (c) the specific operating limitations. **a. Th**  **e Specifications**  **Of Th**  **e DJI**  **Inspire 1 and**  **DJI Phanto**  **m 3**  **U A**  **S s**  **Demonstrate Its Safe Characteristics.** 

The DJI Inspire 1 and DJI Phantom 3 UASs do not create a hazard to users of t he NAS or the public, or otherwise pose a threat to national security considering its size, weight, speed, and operational capability. **i. Technical Specifications Of The DJI Inspire 1 and DJI Phantom 3 U A**  **Ss.**
The technical specifications of t he DJI Inspire 1 and DJI Phantom 3 UASs are set fo rth by the DJI Inspire 1 and DJI Phantom 3 User Manuals , attached hereto a s Appendi x A and B. **ii. The DJI Inspire 1 and DJI Phantom 3 U A**  **S s**  **A utonomous Flight**  **A nd Navigation**  **Modes Enable The UASs To Remain Within A Defined Operational**  **A rea.**  The DJI Inspire 1 and DJI Phantom 3 UASs may be operated in both manual and fully autonomous flight modes. A complete description of the flight and navigational modes of the DJI Inspire 1 and DJI Phantom 3 UASs is provided at pages 25
- 3 5 of the DJI Inspire 1 and pages 12
- 16 and 45
- 50 of the DJI Phantom 3 User Manuals, attached hereto as Appe ndi x A an d B. **iii. The DJI Inspire 1 and DJI Phantom 3 U A**  **S s**  **A re**  **Designed For**  **A utomatic Return**  **To Home Point Or Hover In The Event Of Loss Of The Control Link Or Navigation.**
W h en the Control Link is lost, the DJI Inspire 1 and DJI Phantom 3 UAs will rem ain stationary, in flight, for 3 seconds or more. If, after 3 seconds, the DJI Inspire 1 and DJI Phantom 3 UAs do not reacquire control link data from the GCS, the UAs will assume that the Control Link is lost and the UAs will return to the home po sition ( i .e., failsafe mode) via GPS, and will descend to the takeoff position and shutdown. A complete descriptio n of th e Failsafe Function s of th e DJ I Inspire 1 UAS are se t fort h at page s 2 7 throug h 2 9 an d fo r th e DJ I Phanto m 3 a t page s 1 3 throug h 1 5 of th e DJ I Inspire 1 an d DJ I Phanto m 3 Use r Manuals , attache d hereto a s Appendi x A an d B. **iv. The DJI Inspire 1 and DJI Phantom 3 GCS A** **nd Its Operation.**

### 18

A complete description of the operation and specifications of the DJI Inspire 1 and DJI Phantom 3 GCS and fli g ht control software is provided at pages 32 through 43 of the DJI Inspire 1 User Manual and pages 40 through 47 of the DJI Phantom 3 User Manual. DJI Inspire 1 and DJI Phantom 3 User Manuals are attached hereto as Appendix A and B. **b. Flight Operations Of DJI Inspire 1 and DJI Phantom 3 U**  **A S**  **s A** **re Limited To The Line Of Sight Of A**  **Certificated Pilot in Command With A Safet** **y Observer.**  JOSHUA ACOSTA wil l b e th e onl y perso n to act a s a pilo t i n comman d (PIC ) of th e DJI Inspire 1 an d DJ I Phanto m 3 UASs

. Addi t ionally, a safety observer will assist in flights. **c. Flights Of DJI Inspire 1 and DJI Phantom 3 U A**  **Ss Will Be Conducted Pursuant To Specific Operating Limitations.**  In seeking this exemption, CAL REAL ESTATE VIDEOS proposes to commercially operate DJI Inspire 1 and DJI Phantom 3 UASs for the special purpose of conducting aerial video and photography over certain areas of United States, pursuant to the following specific operating limitations:

1. Operations authorize d by this grant of exemption will be limited to the following aircraft described in the operating documents, rotorcraft UASs weighing less than 55 pounds maximum gross weight: DJI Inspire 1 and DJI Phantom 3 Unmanned Aircraft Systems. Proposed operations of any other aircraft will re q uire a new petition or a petition to amend this grant.

2. UAS operations under this exemption will be limited to conducting operations for the purpose of aerial video and photography.
3. The UAs may not be flown at an indicated airspeed exceeding 20 knots.

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

5. The UAs must be operated within visual line of sight (VLOS) of the PIC at all

### 19 times. This requires the PIC to be able to use human vision unaided by any device other than corrective lenses, as specified on the PIC’s FA A
- issue d airman m edical certificate.

6. The us e of fi rst perso n view (FPV) b y the PIC or safety observer (SO) i s not permitted.

7. Al l operations mus t utiliz e a safety observe r (SO). The S O ma y b e use d to satisfy the VLOS requirement as long as the PIC always maintains VLOS capability. The SO and PIC must be able to communicate verbally at all times. Electronic messaging or texting is not permitted during flight operations. The PIC must be designated before the flight and cannot transfer his or her designation for the duration of the flight. The PIC must ensure that the SO can perform the functions prescribed in the operating documents.

8. The SO must not perform any other duties beyo nd assisting the PIC with seeing and avoiding other air traffic and other ground based obstacl e s/ obstructions an d i s no t permitte d to operate th e camera o r othe r instruments.

9. Th e operatin g documents an d th e gran t of exemptio n mus t b e accessibl e during UAS operation s an d mad e availabl e to th e Administrato r upo n request

. I f a discrepancy exists be twee n th e condition s an d limitation s containe d i n th e gran t of exemptio n an d th e procedure s outline d i n th e operatin g documents , th e condition s and limita tions contained in the grant of exemption take precedence and must be followed. Otherwise, the operator mus t follow th e procedure s a s outline d i n its operating documents

. Th e operato r ma y update o r revis e its operatin g documents

. I t i s the operator’s responsibility to track such revisions and present updated and revised documents to th e Administrato r upo n request. The operator must also present updated and revised documents if it petitions for extension or amendment to the grant of exemption . If the operator determines that any update or revision would affect the basi s upo n whic h th e FA A grante d th e exempti on, then the operator must petition for amendment to its grant of exemption. The FAA’s UAS Integration Office (AF S
-80 ) may b e contacte d i f question s aris e regardin g update s o r revision s to th e operating documents.

### 20

10. Prior to each flight the PIC must i n spect the UAS to ensure that it is in a condition for safe flight. If the inspection reveals a condition that affects the safe operation of the UAS, the aircraft is prohibited from operating until the necessary maintenance has been performed and the UAS is found to be in a condition for safe flight. The Ground Control Station must be included in the preflight inspection. All maint enance and alterations must be properly documented in the aircraft records.

11. Any UAS that has undergone maintenance or alte rations that affect the UAS operation or flight characteristics, e.g. replacement of a flight critical component, must undergo a functional test flight. The PIC who conducts the functional test flight must make an entry in the aircraft records.
12. T he pre -f l ig ht inspection must account for all potential discrepancies, e.g. inoperable components, items, or equipment, not a lready covered in the relevant sections of the operating documents.
13. The operator must follow the UAS manufacturer’s aircraft/component, m aintenance, overhaul, replacement, inspection, and life limit requirements.
14. The operator must carry out its maintenance, inspections, and record keeping requirements, in accordance with the operating documents. Maintenance, inspection, alterations, and s t atus of replacement/overhaul component parts must be noted in the aircraft records, including total time in service, description of work accomplished, and the signature of the authorized person returning the UAS to service.
15. Each UAS s operated unde r this exemption must compl y wit h all manufacturer Safety Bulletins.
16. The authorized person must make an entry in the aircraft record of the corrective action taken against discrepancies discovered between inspections.
17. The PI C must posses s at least a privat e pilot certificate and a t least a current third
- class medical certificate.

### 21

18. The operato r ma y no t permi t an y PIC to operat e unless the PI C meets the operator’s qualification criteria and demonstrate s th e ability to safel y operate the UAS i n a manner consis t ent wit h how the UAS wil l be operated u nder the exemption, including evasive and emergency maneuvers and maintaining appropriate distances from persons , vessels , vehicle s and structures

. PIC qualification flight hours must be logge d i n a manner consistent wit h 1 4 C.F.R. § 61.51(b). Flights for the purposes of training the operator’s PICs are permitted under the terms of th e exemption. However , training operations ma y onl y be conducted during dedicate d training sessions. During training, prof iciency , and ex perience
building flights, al l persons not essentia l fo r flight operations are considered nonparticipants, an d th e PI C must operat e th e U A wit h appropriat e distance from nonparticipants in accordance with 14 C.F.R. § 91.119.

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

20. The UA may not operate within 5 nautical miles of an airport reference point as denoted on a current FA A
- published aeronautical chart unless a letter of agreement with that ai rport’s manage m ent is obtained, and the operation is conducted in accordance with a NOTAM as required by the operator’s COA. The letter of agreement with the airport management must be made available to the Administrator upon request.

21. The UA ma y not be operated less than 500 feet below or less than 2,000 feet horizontally from a cloud or when visibility is less than 3 statute miles from the PIC.

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

### 22

23. The PIC must abort th e flight i n the even t of unpredicted obstacle s or emergencies in accordance with the operating documents.
24. The PIC is prohibited from beginning a flight unless (considering wind and forecast weather conditions) there is enough power to fly at normal cruising speed to the intended landing point and land the UA with 25% battery power remaining.
25. Th e operato r mus t obtai n a n Ai r Traffi c Organizatio n (ATO ) is s ued Certificate of W a ive r o r Authorizatio n (COA ) prio r to conductin g an y operation s unde r th e gran t of exemption. This COA will also require the operator to request a Notice to Airman (NOTAM ) no t more tha n 7 2 hours i n advance , bu t no t les s tha n 4 8 hours prio r to the operation

. Al l operation s shal l b e conducte d i n accordanc e wit h airspace requirements in th e AT O issue d COA includin g clas s of airspace , altitud e leve l an d potentia l transponder requirements.

26. All aircraft operated in accordance with the exemp t ion must be identified by serial number, registered in accordance with 14 C.F.R. part 47, and have identification ( N
- Number) markings in accordance with 14 C.F.R. part 45, Subpart C. Markings must be as large as practicable.

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

28. The documents required fewer than 14 C.F.R. 91.9 and 91.2 0 3 mus t be available to the PIC at the Ground Control Station of the UAS any time the UAS is operating. These documents must be made available to the Administrator or any law enforcement official upon request.

29. The U A must remain clea r an d yiel d the right of wa y to al l manne d aviation operations and activities at all times.

30. The UAS may not be operated by the PIC from any moving device or vehicle.

### 23

31. Flight operations must be conducted at least 500 feet from all nonparticipating persons (persons other than the PIC, SO, operator trainees or essential persons), vessels, vehicles, and structures unless:

a. Barriers or structures are present that sufficiently protect nonparticipating person s fro m th e U A and/o r debri s i n th e even t o f an accident. The operator must ensure that nonparticipating persons remain under such protection. If a situation arises where nonparticipating persons leave such protection and are within 500 feet of the UA, flight operations must cease immediately and/or;

b. The aircraft is operated n ear 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 of the risk of operating closer to those objects and determined that it does not present an u ndue hazard, and;
c. Operations nearer to the PIC, SO, operator trainees or essential persons do not present an undue hazard to those persons per § 91.119(a).

32. All operations shall be conducted over private or controlled
- acces s property with permission from the land owner/controller or authorized representative. Permission from land owner/controller or authorized representative will be obtained for each flight to be conducted.

33. Any incident, accident, or flight operation that trans gresses the lateral o r vertical boundarie s of th e operationa l are a a s define d b y th e applicabl e COA mus t b e reporte d to the FAA's UAS Integration Office (AF S
-80) within 24 hours. Accidents must be reported to the National Transportation Safety Board (NTSB) per instructions con taine d o n the NTSB W e b site : www.ntsb.gov.

### 24 **2. Reason**  **s Why**  **A n**  **Exemption Fro**  **m Th**  **e Requirement** **s O** **f Section**  **61.113(a) A** **nd (b) Would Not A**  **dversely A** 

**ffect Safet** **y .** 
CAL REAL ESTATE VIDEOS 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 DJI Inspire 1 and DJI Phantom 3 UASs unless that PIC has demonstrated, by meeting minimum fligh t
- hour and currency requirements, that the PIC is able to safely operate the DJI Inspire 1 or DJI Phantom 3 UAS in a manner consistent with the exemption, including evasive and emergency maneuvers and maintaining appropriate distances from people, vessels, vehicles and structures. Considering CAL REAL ESTATE VIDEOS ’s proposed area of operations, and the operating limitations set forth
- above; the parallel nature of private pilot aeronautical knowledge requirements to those of commercial pilot requirements (See Exemption No. 11062); and the airmanship skills necessary to safely operate the DJI Inspire 1 or DJI Phantom 3 UAS, CAL REAL ESTATE VIDEOS submits that the additional manned airmanship experience of a commercia lly certificated pilot would not correlate to the airmanship skills necessary for CAL REAL ESTATE VIDEOS ’s specific proposed flight operations. The FAA has previously granted relief from Section 61.113(a) and (b) specific to UAS, in circumstances similar, in all material respects, to those presented herein (e.g. Exemption Nos. 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110, 11112, 11136, 11138, 11150, 11153, 11156, 11158, 11159, 11160, 11161).
CAL REAL ESTATE VIDEOS will not allow any PIC to operate the DJI Inspire 1 or DJI Phantom 3 UAS un l ess that PIC has demonstrated, by meeting minimum fligh t
- hour requirements or the DJI Inspire 1 or DJI Phantom 3 UAS training and currency requirements, that the PIC is able to safely operate the DJI Ins pire 1 or DJI Phantom 3 UAS in a manner consistent w i th 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, i n 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

### 25

safety durin g CAL REAL ESTATE VIDEOS ’s proposed operations. The Administrator has held that prior documented flight experience that was obtained in compliance with applicable regulations would ensure safe operations, stating as follows: In Exempt i on No. 11062, the FAA required that prior to conducting operations for the purpose of motion picture filming (or similar operations), the PIC must have accumulated and logged, in a manner consistent with 14 CFR 61.51(b), 25 hours of total time as a UAS ro torcraft pilot including at least 10 hours logged as a UAS pilot with a mult i
- rotor UAS. Prior to operations under Exemption No. 11062, the PIC must also have accumulated and logged a minimum of 5 hours as a UAS pilot operating the same make and model of U AS to be used for operations under the exemption. For clarification, the FAA considers these minimum hour requirements to be inclusive rather than additive; i.e. 5 hours make and model time may be included in the 10 hours of mult i
- rotor time and the 10 hou rs 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 fligh t
- hour requirements in Exemption No. 11062 are appropriate to practice and build proficiency in the skills necessary to safely conduct the petitioner’s proposed operations. The FAA also finds that prior documented flight experience that was obtained in compliance with applicable regulations would satisfy this requirement. Training, proficiency, and experience
- building flights can also be conducted under the grant of exemption to accomplish the required flight time. During training, proficiency, and experience
- building f l ig hts 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, CAL REAL ESTATE VIDEOS will ensure safe operations by not allowing any PIC to operate the DJI Inspire 1 or DJI Phantom 3 UAS unless that PIC has demonstrated, by meeting minimum fligh t
- hour and currency requirements, that the PIC is able to safely operate the DJI Inspire 1 or DJI Phantom 3 UAS in a manner consistent with the exemption, including evasive and emergency maneuvers and maintaining appropriate distances from people, vessels, vehicles and structures.

**3. Reasons Why A** **n Exemption From The Requirements Of Section 91.7(a) Would**  **Not A** 

**dversely A** 

**ffect Safet** **y .**  The equivalent level of safety established by Section 91.7(a) will be maintained because prior to every flight, CAL REAL ESTATE VIDEOS will ensure that the DJI Inspire 1 or DJI Phantom 3 UAS is in an airworthy condition based upon t he UAS’s

### 26

compliance with its ope rating documents and as stated in the conditions and limitations herein. Additionally, the FAA has previously granted relief from Section 91.7(a) specific to UAS, in circumstances similar, in all material respects, to those presented herein (e.g. Exemption Nos. 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110, 11112, 11136, 11138, 11150, 11153, 11156, 11157, 11158, 11159, 11160, 11161).

**4. Reasons Why A** **n Exemption From The Requirements Of Section 91.121 Would**  **Not A** 

**dversely A** 

**ffect Safet y** **.**
T he equivalent level of safety established by Section 91.121 will be maintained because the altitude information of the DJI Inspire 1 and DJI Phantom 3 UAs will be provided to the PIC via 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 CAL REAL ESTATE VIDEOS ’s operation of the DJI Inspire 1 and DJI Phantom 3 UAs within visual line of sight, at or b elow 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 i s automatically established b y 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. Exemption Nos. 11062, 11063, 11064, 1106 5, 11066, 11067, 11080, 11109, 11112, 11136, 11138, 11150, 11153, 11156, 11157, 11158, 11159, 11160, 11161).

**5. Reasons Why A** **n Exemption From The Requirements Of Section 91.151(b) Would Not**  **A dversely**  **A**

**ffect Safet** **y .**  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 Inspire 1 and DJI Phantom 3 UASs; (2) the limitations on the proposed flight operations; and (3) the location of the proposed flight operations. Accord ingly, CAL REAL ESTATE VIDEOS will ensure that it will safely operate the battery powered DJI Inspire 1 and DJI Phantom 3 UAs during daylight hours in VFR conditions, with enough battery power to fly for a total duration of 14

. 5 minutes to t h e f irst point of intended landing and, assuming normal cruising speed, to fly after that for at least 4.5 minutes.

### 27

Here, as in Exemption No. 11109, the technical specifications of the DJI Inspire 1 and DJI Phantom 3 UASs ; 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 DJI Inspire 1 and DJI Phantom 3 UASs provide audible and visual wa r nings to the PIC at the GCS when the UAs experiences low battery voltage, the first warning occurring at approximately 33% remaining battery power, and again at approximately 10% remaining battery power. At the critica lly low battery level, the DJI Inspire 1 and DJI Phantom 3 UASs will descend and land automatically. Significantly , previou s exemption s grante d b y th e FA A concernin g Sectio n 91.15 1 establis h that safety is not adversely affected when the technical characteristics and operating limi tations of the UAS are considered. Relief has been granted for manned aircraft to operate at less than the minimum s prescribe d i n Sectio n 91.151 , includin g Exemptio n Nos

. 2689 , 5745 , an d 10650. Moreover, the FAA has previo usly granted relief from Section 9 1.15 1 specifi c 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, 111 38, 11150, 11153, 11156, 11157, 11158, 11159, 11160, 11161).

**6. Reasons Why A** **n Exemption From The Requirements Of Section s**  **91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), A** **nd 91.417(a) & (b) Would Not A**  **d versely**  **A**

**ffect Safet y** **.** In seeking this exemption, CAL REAL ESTATE VIDEOS 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 beca use CAL REAL ESTATE VIDEOS will use trained technicians to perform maintenance, alterations, or preventive maintenance on the UASs using the methods, techniques, and practices prescribed in the operating documents (i.e., the CAL REAL ESTATE VIDEOS Aerial O perations Manual, Monthly Ma intenance Log, and DJI Inspire 1 and DJI Phantom 3 Instruction Manual). Furthermore, CAL REAL ESTATE VIDEOS will document and maintain all maintenance records for the DJI Inspire 1 and DJI Phantom 3 UASs. Since t he DJI Inspire 1 and DJI Phantom 3 UASs will be inspected as prescribed by the operating documents, CAL REAL ESTATE VIDEOS will maintain the equivalent level of safety established by Sections 91.405(a), 91.409(a)(1), and 91.409(a)(2). A copy of the DJI Inspire 1 and DJI Phantom 3 User Manuals are attached hereto as Appendix A and B; a copy of the DJI Inspire 1 and DJI Phantom 3 UAS Maintenance LOG is attached hereto as Appendix C.

### 28

Likewise, the exemption sought will not adversely affect safety because CAL REAL ESTATE VIDEOS will use trained technicians to perform maintenance, alterations or preventive maintenance on the UAS using the methods, techniques, and practices prescribed by the operating documents. Furthermore, the exemption sought woul d maintain an equivalent level of safety established by Sections 91.407, 91.417(a) and 91.417(b), because all maintenance of the DJI Inspire 1 and DJI Phantom 3 UASs will be performed by trained technicians. Ma intenance will be documented and maintained ut ilizing 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 t echnical characteri stics and operating limitations of the UAS are considered. In consideration of CAL REAL ESTATE VIDEOS ’s proposed operating limitations , th e operatin g documents , an d th e technica l aspects of th e DJ I Inspire 1 an d DJI Phan to m 3 UASs , CAL REAL ESTATE VIDEOS submits that safety will no t b e adversel y affecte d b y grantin g exemptio n fro m 1 4 C.F.R

. Section s 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 relief specific to UAS i n circumstance s similar , i n all material respects, to those presented herein (e.g. Exemption Nos. 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110, 11112, 11136, 11138, 11150, 11153, 11156, 11157, 11158, 11159, 11160, 11161).
**7. The FAA Ma**  **y Prescribe**  **A n**  **y 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, CAL REAL ESTATE VIDEOS requests that the FAA prescribe special conditions for the intended operation of the DJI Inspire 1 and DJI Phantom 3 UASs, which contain such safety standards that the Administrator finds necessary to establish a level of safety equivalent to that establi shed 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 conducting 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.

### 29

Likewise, the Admi nistrator may prescribe special conditions pursuant to 14 C.F.R

. § 21.16, for operation of the DJI Inspire 1 and DJI Phantom 3 UASs, 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 u n usual 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 ai rcraft, 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 Part 11 of th i s 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 accordance with FM RA Section 333 and 14 C.F.R. § 21.16, the FAA may prescribe special conditions for ACOSTA’ S A ERI AL PHOTOGRAPH Y intended operation of the DJI Inspire 1 and DJI Phantom 3 UASs, 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 Section s 61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b).

**• A**  **Summary T**  **hat Can Be Published In The Federal Register, stating: The Rules From Which**  **CA L REA**  **L ESTA TE VIDEOS**  **Seeks Exemption:**

CAL REAL ESTATE VIDEOS 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**  **Exemptio n**  **CA L**  **RE AL** **EST ATE VIDEOS**  **Seeks:**
This exemption will permit CAL REAL ESTATE VIDEOS to commercially operate an Unmanned Aircraft System (UAS) for the purpose of conducting aerial video and photography over certain areas of the United States.

### 30

**• A** **n y**  **A dditional**  **Information, Vi e** **w s**  **, Or**  **A rgument** **s A**  **vailable To Support CA**  **L REA L**  **ESTATE VIDEOS ’s Request.**  This P etition is made pursuant to the FAA Modernization and Reform Act of 2012 (FMRA ) Section 333 , whic h directs th e Secretary of Transportation to determin e i f certain UAS ma y operate safel y i n the NAS. As such, CAL REAL ESTATE VIDEOS ’ s request fo r exemption ma y be granted pursuan t to th e 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 national security; and further, provides the authority for such UAS to operate without airworth iness certification. As discussed in detail above, CAL REAL ESTATE VIDEOS will operate the DJI Inspire 1 and DJI Phantom 3 UASs safely in the NAS, without creating a hazard to users of the NAS, or the public, or otherwise pose a threat to national security. **CONCLUSION** As set forth herein, CAL REAL ESTATE VIDEOS seeks an exemption pursuant to 14 C.F.R. § 11. 6 1 and Section 333 of the FAA Modernization and Reform Act of 2012 (FMRA), which will permit safe operation of the DJI Inspire 1 and DJI Phantom 3 UAS s commercially, without an airworthiness certificate, for the limited purpose of conducting aerial video and photography over certain areas of the United States. By granting this Petition, the FAA Administrator will be fulfilling the Congressional mandate of the FAA Modernization and Reform Act of 2012, while also advancing the interests of the public, by allo w ing CAL REAL ESTATE VIDEOS to safely, efficiently, and economically operate the DJI Inspire 1 and DJI Phantom 3 UASs commercially within the NAS. **WHEREFOR E**  , in accordance with the Federal Aviation Regulations and the FAA Modernization and Reform Act of 2012, Section 333, CAL REAL ESTATE VIDEOS 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 Cal Real Estate Videos to operate the DJI Inspire 1 and DJI Phantom 3 UASs commercially for the purpose of conducting aerial video and photography over certain areas of the United States

. Respectfully submitted on January 4, 2016 JOSHUA ACOSTA DB A CAL REAL ESTATE VIDEOS 2101 Sugartree Drive Pittsburg , CA 94565 510
- 899
- 9705 joshua. e.acosta@gmail.com

### 31

Appendices :

A

– DJ I Inspire 1 Manual: B

– DJI Phantom 3 Specifications D ata Sheet C

– Monthly Maintenance Log D
- DJI Phantom Users Guide

APPENDIX

– A

**DJI INSPIRE 1 TECHNIC**  **A L SPECIFIC**  **A TIONS** 

CAL REAL ESTATE VIDEOS onl y utilize s safe and reliable UASs. DJ I i s a n industry leader i n smal l UAS product ion. DJ I UAS s are loade d with ground breakin g software enablin g th e use r to set parameters whic h wil l not allow flight into controlled airspace. Parameters can als o 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. I n addition, DJ I software provide s rea l
-time altitud e an d location information to the PIC via the linked monitor (smart phone/tablet devi ces) 1.1 DJI Inspire 1 1.1.1 Aircraft 1.1.1.1 Supported Battery

– DJI 4 500mAH LiPo Battery 1.1.1.2 W ei g ht (Battery & Propellers Included)

– 6 lbs 5

. 529 oz (2 935 g) 1.1.1.3 Hover Accuracy (Ready to Fly)

– Vertical: . 5 m; Horizontal: 2.5m 1.1.1.4 M a x Yaw Angular Velocity
- 150 0/s 1.1.1.5 M a x Tilt Angel
- 3 0 0 1.1.1.6 M a x Ascent Speed

– 5 m/s 1.1.1.7 M a x Descent Speed

– 4 m/s 1.1.1.8 M a x Fli ght Speed

– 22 m/s (NO T RECOM MENDED) 1.1.2 Gimbal 1.1.2.1 W o rkin g Curren t

– Static: 750mA; Dynamic: 900mA 1.1.2.2 Control Accuracy
- ±0.0 3 0 1.1.2.3 Controllable Range

– Pitch:
- 90 0 + 30 0 1.1.2.4 M a ximum Angular Speed

– Pitch: 12 0 0/s 1.1.3 Camera 1.1.3.1 Operating Temperature Range
- 14 0 F
- 104 0 F (
- 1 0 0 C
- 40 0 C) 1.1.3.2 Sensor Size

– 1/2.3” 1.1.3.3 Effective Pixels

– 1 2 .4 M

### 32

1.1.3.4 HD Resolution

– 1280 x720p @ 24/25/30/48/50/60fps 1 .1.3.5 F HD Video Recording

– 1 920x1080p @ 24/25/30/48/50/60fps 1 .1.3.6 U HD Video Recording

– 4096x2160p @ 24/25fps & 3840x2160p24 /25/30fps 1.1.3.7 Recording Field of View
- 94 0 1.1.4 Transmitter 1.1.4.1 Operating Frequency

– 5.725 GH z – 5.80 GHz 1.1.4.2 Communication Distance (unobstructed)

– FCC Compl i ance: 5k m 1.1.4.3 Receiver Sensitivity (1%PER)
- - 93dBm 1.1.4.4 Transmitter Power

– 10 dBm @ 900 MHz, 8dBm @ 5.8GHz 20 dBm @ 2.4 GHz 1.1.4.5 W o rkin g Voltag e – 1.2A @ 7.4v
APPENDIX

– B **DJI Phantom 3 TECHNIC A** **L SPECIFIC**  **A TIONS**  CAL REAL ESTATE VIDEOS onl y utilize s safe and reliable UASs. DJ I i s a n industry leader i n smal l UAS production. DJ I UAS s are loade d with ground breakin g software enablin g th e use r to set parameters whic h wil l not allow flight into controlled airspace. Parameters can als o 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. I n addition, DJ I software provide s rea l
-time altitud e an d location information to the PIC via the linked monitor (smart phone/tablet devices)

2.2 DJI Phantom 3 2.2.1 Aircraft 2.2.1.1 Mode l

– Phantom 3 2.2.1.2 W ei g ht (Battery Included)

– 1280 grams 2.2.1.3 Hovering Accuracy (GPS Mode)

– Verti cal: + /
- 10cm; Horizontal: + /
- 1cm 2.2.1.4 M a x Angular Velocity

–Yaw: 200 0/s 2.2.1.5 M a x Tilt Angle
- 35 0 2.2.1.6 M a x Ascent Speed

– 5m/s 2.2.1.7 M a x Descent Speed

– 3m/s 2.2.1.8 M a x Speed

– 16m/s (ATTI mode, n o win d

– NOT R ECOMMENDED) 2.2.1.9 M a x Flight Altitude

– 6000m 2.2.1.10 M a x Flight Time

– Approxima t ely 23 minutes 2.2.1.1 1 Moto r Mode l

– DJI 3510 2.2.1.1 2 Propelle r Mode l

– DJI 1345 2.2.1.1 3 Operating Temperature Range

– 14 0 F to 104 0 F (
- 10 0 C to 40 0 C) 2.2.1.1 4 Dimensions

– 17 1⁄4” x 17 3⁄4” x 12” 2.2.2 Gimbal 2.2.2.1 Mode l

– ZENMUSE X3 2.2.2.2 Output Power (with camera)

– Static: 9W ; In Motion: 1 1 W 2.2.2.3 Operat i ng Current

– Static: 750mA; In Motion: 900mA 2.2.2.4 Angular Vibration Range
- ±0.03 0 2.2.2.5 Mounting

– Detachable

### 33

2.2.2.6 Controllable Range

– Pitch:
- 90 0 to +3 0 0 ; Pan: ±320 0 2.2.2.7 Mechanical Range

– Pitch:
- 125 0 to 45 0 ; Pan: ±330 0 2.2.2.8 M a x Controllable Speed

– Pitch: 120 0/s; Pan: 18 0 0/s 2.2.3 Camera 2.2.3.1 Name

– Son y EXMOR 2.2.3.2 Mode l

– 12.4 M Pixel 2.2.3.3 Tota l Pixel s – 12.4M 2.2.3.4 Effective Pixels

– 12.76M 2.2.3.5 Imag e Ma x Siz e – 4000x3000 2.2.3.6 ISO Range

– 100
- 3200 2.2.3.7 Field of View
- 94 0 2.2.3.8 CMOS

– Sony EXMOR 1/2.3” 2.2.3.9 HD Video Recording

– UHD(4K): 4096x2160p24/25, 3840x2160p 24/25/30; FHD: 1920x1080p24/25/30/48/50/60; HD: 1280x720p24/25/30/48/50/60 2.2.3.10 Operating Temperature Range
- 32 0 F
- 104 0 F (0 0 C
- 40 0 C) 2.2.4 Transmitter 2.2.4.1 Name

– C1 2.2.4.2 Operating Frequency

– 5.72 8
- 5.850GHz; 2.400
- 2.483GHz 2.2.4.3 Communicating Distance (unobstructed)

– 2000m 2.2.4.4 Output Power

– 9W 2.2.4.5 Operating Temperature Range
- 14 0 F to 104 0 F (
- 10 0 C to 40 0 C) 2.2.4.6 Battery

– 600mAh L iP o 2S