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UNITED STATES OF AMERICA DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION

WASHINGTON, DC

Regulatory Docket No.

**IN THE**  **MATTER OF**  **THE PETITION**  **FOR EXEMPTION**  **OF: ANTHONY R. M. ANDREA**  **FOR AN**  **EXEMPTION**

**SEEKING RELIEF**  **FROM THE**  **REQUIREMENTS OF**  TITLE 14 O F THE CODE OF FEDERAL REGULATIONS SECTIONS

61 .113(a) & (b), 9 1.7(a), 9 1.121, 9 1.151(b), 9 1.405(a), 9 1.407(a)(1), 91.409(a)(1) & (a)(2), AND 91.417(a) & (b)

CONCERNING COMMERCIAL OPERATION DJI Inspire 1 and DJI Phantom 2 UNMANNED AIRCRAFT SYSTEMS

and a BLAN KET EXEMPTI ON FOR UAS OPERATI ON LESS THA N 55 P OUNDS, DAYLIGHT OPERATION,

VLOS, VFR AND BELOW 200 FEET AGL.

PURSUANT TO SECTION 333 OF THE FAA MODERNIZATION AND REFORM ACT OF 2012

(PUBLI C LAW 112 -9 5 ) Submitte d on DECEMBER 24 , 2015

ANTHONY R. M. ANDREA 1671 Bush Ave., St. Paul, MN 55106

6 5 1 -216-5918 DIRECTOR @ EASTENDPRO .COM

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**TABLE OF CONTENTS**

GLOSSARY OF ABBREVIATIONS

................................................................................................................................ 3

SUMMARY

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

INTRODUCTION AN D INTERESTS OF THE PETITIONER

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

BACKGROUND

................................................................................................................................................................ . 5

UNMANNE D AIRCRAFT SYSTEMS: DJI INSPIRE 1 (HEREAFTER THE DJ I UAS AIRCRAFT)

........ 5

BASIS FO R PETITION

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

NAME AND ADDRESS OF THE PETITIONER

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

THE SPECIFI C SECTIONS OF 14 C.F.R. FROM WHICH ANTHONY R. M.

ANDREA SEEKS EXEMPTION.

.. ................................................................................................................. .... 7

THE EXTEN T OF RELIEF ANTHONY R. M. ANDREA SEEKS AND THE REASON

ANTHONY R. M. ANDREA SEEKS THE RELIEF..........................................................................................9

THE REASONS WHY GRANTING ANTHONY R. M. ANDREA REQUES T WOULD BE IN THE PUBLIC

I NTEREST; THAT IS, HOW IT WOULD BENEFIT THE PUBLIC AS A WHOLE

. .................................... 11

THE REASONS WHY THE DJI UAS AIRCRAFT MEET THE CONDITIONS OF THE FAA

MODERNIZATION AND REFORM ACT OF 2012 (FM RA) SECTION 333

. ................................................ 13

THE REASONS WHY GRANTING THIS EXEMPTION WOULD NOT ADVERSELY AFFECT

SAFETY

.............................................................................................................................................................. 19

CONCLUSION

....... ....................................................................................................................... .................... . 22

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**GLOSSARY OF ABBREVIATIONS**



### COA Certificate of Authorization

FAA Federal Aviation Administration

FAR Federal Aviation Regu lation

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)

SO Safety Observer

SOP Standard Operating Procedures

UA Unmanned Aircraft

UAS Unmanned Aircraft System

VFR Visual Flight Rules

VLOS Visual Line of Site

VMC Visual Meteorological Conditions

VTOL V ertical Takeoff and Landing

DJI UAV manufacturer

ESC Electronic speed control

FPV First Person View

LI

- PO Lithium Polymer battery

RCV Radio Controlled vehicle

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**SUMMARY**

ANTHONY R. M. ANDREA seeks exemption from the requirements of 14 C.F.R §§ 61.113(a) & (b), 91.7(a), 91.121, 91.151(b),

9 1 .405(a), 9 1.407(a)(1), 9 1.409(a)(1) & (a)(2), a nd 91.417(a) & (b), t o operate a n Unmanne d Aircraft System pursuant

to Section 333 of the FAA Modernization and Reform Act of 2012 (FMRA). This exemption will permit ANTHONY R.

M. ANDREA to operate an Unmanned Aircraft System (UAS) for the commercial purpose of conducting aerial video

and photogra phy ar ound the State of Minnesota

.

**INTRODUCTION A ND INTERESTS OF THE PETITIONER** 

ANTHONY R. M. ANDREA ’s primary occupation is videographer, photographer and producer for his small video production

business, East End Productions, LLC

. From time to time clients seek the perspective made possible b y aerial video and

p h o tography

. I n the absence of the exemption, ANTHONY R. M. ANDREA must decline to s upport these services . The

o bjective o f ANTHONY R. M. ANDREA a nd h is a erial operations is to p rovide h igh q uality imaging for a variety o f

commercial , public, and r esidential uses , specifically targeting :

• Marketing

• Construction sites before and after

• Appraisals

• Motion Picture Filming

• Aerial acquisitions for inspections of public and private structures.

• Building Inspection operations

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**BACKGROUND**

**Unmanned Aircraft**  **Systems: DJI**  **Inspire 1 (Hereafter**  **the DJI**  **UAS Aircra**  **ft)** ANTHONY R. M. ANDREA seeks an

exemption to operate DJI Insp ire 1 UAS systems fo r comp ensati on o r hire within the NAS. The DJ I In spire 1 is a vertical takeoff

and landing ( VTOL) U n manned A ircraft (UA) w ith a G round C o n trol Station ( GCS) u tilizin g electroni c tablet or smart phone

systems. DJI Inspire 1 h as a maximum gross weight of 6 p ounds 7.5 o unces, a len gth o f 17.3 i n ches, width o f 17 .7 inches, height

o f 11. 8 inch es, a nd a maximum spee d of approximatel y 30 knots. Th e Inspire 1 is equipped with four main rotors; driven by

Lithium Polymer battery powered electric motors.

The DJI Phantom 3 will be operated by ANTHONY R. M. ANDREA and will be registered in accord ance with 49 U.S.C. 44103,

Registration of Aircraft, as well as 14 C.F. R Part 47, Aircraft Registration, and marked in accordance with 14 C.F.R. Part 45,

Identification and Registratio n Mark ing.

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**BASIS FOR**  **PETITION**

Petitioner, ANTHONY R. M. ANDREA

, pursuant to the provisions of the Federal Aviation Regulations (14 C.F.R. § 11.61) and

the FAA Modern ization a nd R eform A ct of 2 012 ( FMRA), Section 3 33, Special Rules f or C ertain U nmanned A ircraft Systems,

h ereby petitions the Administrator t o commerciall y o p erate the DJI UAS Aircraft i n the National Airspace System (NAS), a nd for

an exemption from th e re quirements of 14 C.F.R §§ 61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1),

9 1 .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 i ts o peration,

ANTHONY R. M. ANDREA operation DJI UAS Aircraft meets the conditions of FMRA Section 333 and therefore, will not

require an airworthiness certificat e in accordan ce with 14 C.F.R. Part 21, Subpart H.

Accordingly, ANTHONY R. M. ANDREA requests relief fr om Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), a nd

9 1 .417(a) & (b), as these sections set forth requirements for maintenance that only apply to aircraft with an airworthiness

certificate.

ANTHONY R. M. ANDREA submits that the requested relief is p rope r since an equivalent level of safety will be ensured.

ANTHONY R. M. ANDREA will use experienced personnel or technicians to perform maintenance, alterations, or preventive

main tenance on the UASs usi ng the methods, t echniques, a nd practices prescribe d i n the operati ng documents.

Relief from certain requirements of Section 61.113(a) and (b), entitled Private pilot privileges and limitations: Pilot in co mmand,

is requested by ANTHONY R. M. ANDREA to the extent necessary to allow a Pilot in Command (PIC ) with sign ificant

experience in th e field o f UAV’s, and who has demonstrated, by meeting minimum flight -h o u r a nd currenc y requirements, that the

PIC is able to safely operate the DJI UAS Aircraft in a manner consistent with thi s exemption, including evasive and emer genc y

maneuvers and maintaining appropriate distances fro m people, vessels, vehicles and structures.

ANTHONY R. M. ANDREA seeks relief from Section 91.7(a), entitled Civil aircraft airworthiness, because the DJI UAS

Aircraft do not require an airworthiness cer tificate in a ccordance w ith 1 4 C .F.R. Part 21, Subpart H. As s uch, ANTHONY R. M.

ANDREA s ubmits th at he will ensure the DJI UAS Aircraft are in a n a irworthy c ondition, prior to e very f light, by d etermining

that the UASs are in c ompliance with the o p erati ng documents a nd that the aircraft are i n a conditi on for safe flight.

ANTHONY R. M. ANDREA also seeks an exemption from the requirements o f Section 91.121, entitled Altimeter Settings, DJI

UAS aircraft will not hav e a typical barometri c altimeter onboard. However, altitud e information of th e DJI UAS Aircraft will be

p rovide d t o the PIC via Global P ositioni ng System (GPS) equipment a nd radi o communications telemetr y data link, which

d o wnlinks from the UA t o the GCS for active monitori ng of the flight path. This altitude information, combine d wit h ANTHONY

R. M. ANDREA op eration of the DJI UAS Aircraft within visual line of sight, at or below 400 feet AGL, will ensure a level of

safety equivalent t o Section 91.121.

Additionally, ANTHONY R. M. ANDREA seeks an exemption fro m the r equirements of Section 91.151(b), entitled Fuel

requirements for flight in VFR conditions. ANTHONY R. M. ANDREA submits that safety will not be affected by operation o f the

DJI UAS Aircraft duri ng daylight h ours i n visual m eteorological c onditions (VMC) under v isual flight rules ( VFR), with e nough

b attery p ower to f

ly for a total duration o f approximately 15 minutes to the first point o f intended landing and, assuming normal

cruising speed, to f

ly after that for at least 5 minutes.

In accordance with 14 C.F.R. § 11.81, ANTHONY R. M. ANDREA provides the followi ng informati on i n support of its petiti on

for exemption:

**Name And**  **Address Of**  **The Petitioner.** 

The name and address of the Petitioner and point o f contact is:

ANTHONY R. M. ANDREA 1671 Bush Ave., St. Paul, MN 55106 651-216-5918 (Mobile) director@eastendpro.com

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**The Specific**  **Sections Of**  **14 C.F.R.**  **From Which**  **ANTHONY R. M. ANDREA**  **Seeks Exemption** 

**ANTHONY R. M. ANDREA Seeks**  **Exemption From**  **The Requirements**  **Of Section**  **61.113 (a)**  **And (b).** 

Section 61.113, entitled Private pilo t privileges a nd lim itations: Pilot in c ommand, subsections ( a) a nd ( b) p rescribe th e f ollowing,

in r elevant part:

No p erson w ho h olds a p rivate pilot certificate may act as a pilot in c ommand ( PIC) of an a ircraft that is carrying p assenger s or

p ropert y f

or compensation or hire; nor may that person, for compensation or hire, act as PIC of an aircraft. A private pilot may, for

compensation or hire, act as PIC of an aircraft in connection with any business or employment if

—

The flight is only incidental to that business or employment; and t he aircraft does not carry passengers or property for c ompensation

o r hire.

**ANTHONY R. M. ANDREA Seeks**  **Exemption From**  **The Requirements**  **Of Section**  **91.7(a).**

Section 91.7, entitled Civil aircraft airworthiness, subsection (a), s tates th e f ollowing:

(a) No perso n may operate a civil aircraft unless it is in an airworthy condition.

**ANTHONY R. M. ANDREA Seeks**  **Exemption From**  **The Requirements**  **Of Section**  **91.121**

**.**

Section 91.121, entitled Altimeter settings, subsection (a), states the foll o win g

, i n part:

Each pers o n operati n g a n aircraft s h all m aintai n the cruisi n g altitude or flig h t lev el of that aircraft, as the case ma y be, by re ference

to a n a ltimeter th at is s et, when o perating

— Belo w 18,00 0 fee t MSL

, to

--

The current reported altimeter setting of a stat io n alon g th e rout e an d withi n 10 0 nautica l mile s o f th e aircraft; I f ther e i s n o station

within t he area prescribed i n p aragraph (a)(1)(i) of this section, the current reported a ltimeter setting o f an a ppropriate a v ailable

station; or

In the case of an a ircraft no t equipped w ith a r adio, th e e levation o f th e d eparture a irpor t or a n a ppropriate a ltimeter s etting

availabl e befor e departure.

**ANTHONY R. M. ANDREA Seeks**  **Exemption From**  **The Requirements**  **Of Section**  **91.151(b).**

Section 91.151, entitled Fuel requiremen ts f or f light in V FR c onditions, subsection ( b), states th e f ollowing:

(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 to the first point of intended landing and, assuming normal cruising speed, to fly

after that for at least 20 minutes.

**ANTHONY R. M. ANDREA Seeks**  **Exemption From**  **The Requirement**  **Of Section** 

**91.405(a).** Section 91.405, entitled Maintenance required, subsection (a), states the

following:

Each owner or operator of an aircraft

—

Shall have that aircraft inspected as prescribed in subpart E of this part and shall between required inspections, except as

provided in paragraph (c) of this section, have discrepancies repaired as prescribed in par t 43 of this chapter[.]

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**ANTHONY R. M. ANDREA 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), s ta tes th e

following:

No person may operate any aircraft that has undergone maintenance, preventive maintenance, rebuilding, or alteration

unless

-- It has been approved for return to service by a person authorized under § 43.7 of this chapter[.]

**ANTHONY R. M. ANDREA Seeks**  **Exemption Fr**  **om The**  **Requirements Of**  **Sections 91.409(a)(1)**  **And 91.409(a)(2).** 

Section 91.409, entitled Inspections, subsection (a), states the following:

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

-- 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 An inspection for the issuance of an airworthiness

certifica te in accordance with part 21 of this chapter.

**ANTHONY R. M. ANDREA Seeks**  **Exemption From**  **The Requirements**  **Of Sections**  **91.417(a) And**  **91.417(b).**

Section 91.417, entitled Maintenance records, subsections (a) and (b), state s the following:

Except for work perfor med 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:

Records of the maintenance, preventive maintenance, and alteration and records of t he 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

--

• A description (or referenc e to data acceptable to the Administrator) of the work performed; and

• The date of completion of the work performed; and

• The signature and certificate number of the person approving the aircraft for return to service.

• Records containing the following inf ormation:

• The total time in service of the airframe, each engine, each propeller, and each rotor.

• The current status of life

- limited parts of each airframe, engine, propeller, rotor, and appliance.

• The time since last overhaul of all items installed on the aircraft which are required to be overhauled on a

specified time basis.

• 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.

• The current status of applicable airworthiness directives (AD) and safety directives including, for each, the

method of compliance, the AD or safety directive number and revision date. If the AD or safety directive

involves recurring action, the time and date when the next action is required

.

• 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. The owner or operator shall retain th e following records for

the periods prescribed: 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.

• The records specified in paragrap h (a)(2) of this section shall be retained and transferred with the aircraft at the

time the aircraft is sold. 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 t he aircraft is approved for return to service.

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**The Extent**  **of Relief**  **ANTHONY R. M. ANDREA**  **Seeks and**  **The Reason**  **ANTHONY R. M. ANDREA Seeks**  **the Relief.** 

**Extent of**  **Relief ANTHONY R. M.**  **ANDREA Seeks**  **and The**  **Reason ANTHONY**  **R. M. ANDREA**  **Seeks Relief**  **from Section** 

**6 1**  **.113(a )**  **( b**  **)**

**. An**  **d**

Relief fro m Section 61.113(a) an d (b) entitled Private pilot priv ileges an d limitatio n s: Pilot in command, is requested to th e extent

n ecessar y t o allo w a PIC holdi ng a p rivate pilot o r hig h er level c ertificate, as well as a current a nd vali d airma n medi cal certificate,

and who has met certain flig h t -h o u r a nd currenc y requirements, t o conduct the propose d UAS flight op erations for compensation or

h ire.

This relief is requested since the limitations set forth in Section 61.113(a) and (b) state that a pri vate pilot may, for compensatio n or

h ire, a ct a s PIC of a n aircraft i n connecti o n wit h a ny b u siness or employment if: (1) The flight is onl y incidental t o tha t bu siness or

employment; a nd (2 ) The aircraft d oes not c arr y passengers or propert y for compensat io n o r h ire.

As set forth more fully below, ANTHONY R. M. ANDREA submits that an e quivalent level of safety will be maintained because

no PIC will be allowed t o o perate the DJI Inspire 1 or DJI Phantom 2 U AS un less that PIC has met certain f l ight

- h o u r a nd

currenc y req u irements, d emonstrati ng that t he PIC is able t o safel y operate eith er the DJI Insp ire 1 o r DJI Phantom 2 in a manner

consistent with the operations s pecification s as described in this exemption, including evas iv e a nd emergency maneuvers, as well

as maintainin g appropriat e distances fro m peo ple, vessels, vehicles and structu res.

Further, ANTHONY R. M. ANDREA submits that all flights of DJI UA S aircraft, conducted by the PIC pursuant to the gran t of

this Petitio n : (1 ) will be incidental to ANTHONY R. M. ANDREA business; and (2 ) will not carry passengers o r property fo r

compensatio n or h ire.

**Extent of**  **Relief ANTHONY R. M.**  **ANDREA Seeks**  **and The**  **Reason ANTHONY R.**  **M. ANDREA Seeks**  **Relief from** 

**Section 91.7(a).** 

Relief from Section 91.7(a) entitled Civil aircraft airworthiness, is requested to th e extent required to allow ANTHONY R. M.

ANDREA to determine that t he DJI UAS Aircraft a re i n airwort hy conditi on prior t o ever y flight by ensuri ng that the UAS is i n

complianc e with the o perating d ocume nts (i.e., t he ANTHONY R. M. ANDREA Aerial Operations Manual, Monthl y Maintenance

Log, a nd DJI UAS Aircraft Instruction Man u al).

ANTHONY R. M. ANDREA seeks the requested relief because the DJI UAS Aircraft d o not require an airworthiness certificate

in accordan ce w ith 1 4 C .F.R. Part 21, Sub part H. Th erefore, ANTHONY R. M. ANDREA w ill ensure th at the D JI U AS A ircraft

are in airworthy condition based upon its comp lian ce with th e operating documents (i. e., Monthly

Maintenance Log, and DJI UAS Aircraft Instruction Manual) p rio r to every flight, and further, determine that the aircraft are in

condition for saf

e flight, as stated in th e conditions and limitations below.

**Extent of**  **Relief ANTHONY R. M.**  **ANDREA Seeks**  **and The**  **Reason ANTHONY R.**  **M. ANDREA Seeks**  **Relief from** 

**Sectio n**  **91.121.**

Re lief f rom S ectio n 9 1.121, entitled A ltimeter s ettin gs, may b e r equired to a llow f light operations o f

th e D JI U AS A ircraft, wh ich

u tilize a barometric pressure sensor, G PS equipment, a nd a rad i o communications telemetr y data li nk t o downli nk altitude

inform ation from th e UA to th e PIC at th e ground control station (GCS). Sin ce th e FAA req uires that any altitud e information

concerning UAS operations b e reported to air traffi c control (ATC) in feet abov e groun d level (AGL), ANTHONY R. M.

ANDREA seeks the r equested relief because the DJ I UAS Aircraft altimete r may be set on the ground to zero feet AGL, rathe r than

th e local barometric pressure or fiel d altitude, b efore eac h flight.

Considering the limited altitude of the proposed operations, relief fro m 14 CF R 91.12 1 is sought t o the extent necessar y t o comply

with t he applicable con ditions and limitations stated below. As mo re fully s et forth h erein, an e quivalent level of safety w i ll be

maintained since the DJI UAS Aircraft are equipped with a barometric pressure s en sor and GPS equipment, wh ich automatically

ensures that a g round level pressur e setting will b e established prior to each flight, an d provides th e PIC with altitu d e inf ormation

o f the UA on the heads -u p displa y of the GCS.

### 10

**Extent of**  **Relief ANTHONY R. M. ANDREA**  **Seeks and**  **The Reason**  **ANTHONY R. M. ANDREA Seeks**  **Relief from** 

**Section 91.151(b).** 

Relief from Section 91.151(b) entitled Fuel requirements for fligh t in VF R conditions, is requested to the extent required to allow

flights o f the b attery powered DJI UAS Aircr aft during daylight hours in visual meteorological conditions (VMC), under visual

flight rules (VFR), for a total duration o f 15 minutes to the first point o f intended landing and, assuming normal cruising s peed, to

fly after that for at least 5 minutes. ANTHONY R. M. ANDREA seeks the requested relief because without an exemption from

Section 91.151(b), t he flight t ime durati on of the batter y powere d DJI UAS Aircraft will severel y constrai n the practicalit y o f a ny

a erial vide o or still p hot o flight o perations th at ANTHONY R. M. ANDREA proposes to conduct pursuant to this Petition.

Significantly, as set forth below, the technical specifications of the DJI UA S Aircraft operating documents, and ANTHONY R.

M. ANDREA proposed operating limitations, ensure that ANTHONY R. M. ANDREA will safely o perate the battery p owered

DJI UAS Aircraft duri ng daylight h ours i n visual m eteorological conditions (VMC), under visual flight rules (VFR), wit h e nough

b atter y power t o fly for a total duration o f 15 minutes to the first point of intended la ndi ng and, assumi ng normal cruisi ng speed,

t o fl y after that f

or at least 5 minutes.

**Extent of**  **Relief ANTHONY R. M. ANDREA**  **Seeks and**  **The Reason**  **ANTHONY R. M. ANDREA Seeks**  **Relief from** 

**Sections 91.405(a),**  **91.407(a)(1), 9**  **1.409(a)(1) &**  **(a)(2),**

**A nd**  **91.417(a) &**  **(b).**

Sin ce Sections 91.405(a), 91.40 7(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b) only apply to aircraft with an airworthiness

certificate, ANTHONY R. M. ANDREA requests relief from these

Sections because the DJI UA S Aircraft do not require airworthiness certifi cates. As set forth mor e fully below, DJI UAS Aircraft

meet the conditions o f FMR A Section 333 for operation without an airworthiness certificate.

Accordingly, ANTHONY R. M. ANDREA will use trained technicians to perfor m maintenance, alterations, or preventive

maintenance on the U ASs u sing th e m ethods, techniques, and p ractices p rescribed in th e U AS o perating d ocuments ( i.e., the

ANTHONY R. M. ANDREA Aerial Operations Manual, Monthly Maintenance Log, and DJI UAS Aircraft Instruction Manual).

Furthermore, ANTHONY R. M. ANDREA will document and maintain all maintenance records for the DJI UAS Aircraft.

### 11

**The Reasons**  **Why Granting**  **ANTHONY R. M. ANDREA Request**  **Would Be**  **in The**  **Public Interest;**  **That Is,**  **How It** 

**W o**  **uld Benefit**  **the Public**  **as A Whole.** 

Granting t he present Petition w ill further the public interest by allowing ANTHONY R. M. ANDREA to safely, efficiently, and

economically perform aerial video and photography of construction sites, real estate, and landscap e over certain areas of the

United States.

Additionally, use of the DJI UAS Aircraft will decrease congestion of the NAS, reduce pollution, and provide significant benefits

to th e e conomy. Notably, the b enefits o f ANTHONY R. M. ANDREA p roposed o peration o f th e D JI U AS A ircraft will be r ealized

w ithout implicating a ny p rivacy is sues.

**The Public**  **Will Benefit**  **from Decreased**  **Congestion of**  **The NAS.** 

DJI UAS Aircraft are battery p owered and serve as a safe, efficient, and e conomical alternative to t he manned a ircraft

tradit ionally utilize d t o obtai n aerial i magery. B y reduci ng the amount of manne d aircraft neede d t o perform aerial acquisitions, a n

exemption allowing th e us e of a DJI UAS Aircraft would redu ce th e amount of manned aircraft in th e NAS, redu ce nois e and air

pollution, as well as increase the safety of life and property in the air and on th e ground.

Furthermore, by reducing the number of manned aircraft operating in the NAS, congestion around airports caused by arriving an d

d eparti ng aircraft w ill b e reduced. T he DJI UAS Aircraft d o not require a n airport t o takeoff or land. Likewise, a reducti on of

manned aircraft conducting aerial video and photography missions would result in fewer aircraft that must b e handled by air traffi c

control during th e ground, takeof f, departure, a rrival, a nd landi ng phases of flight operations.

**Th e**  **Publi c**  **Will Benefit**  **from Th**  **e Safety**  **and Efficiency**  **of Th**  **e DJI**  **UAS Aircraft** 

Conducting aerial acquisitions with the DJI UAS Aircraft, instead of manned aircraft, will greatly benefit the public by dras tically

reducing the levels of ai r and noise pollutio n generate d d u ri ng traditional aerial vide o a nd still photogra phy flight operations. By

u si ng batter y power a nd electric motors, t he DJI UAS Aircraft p roduce no air pollution, a nd is the most viable environmentally

conscious alternativ e to th e cabin class, six cylinder internal combustion engine aircraft that are typically utilized for aerial video

and photography, whil e burning approximately 20 -3 0 gallons per hour of leade d aviati on fuel. The DJI UAS aircraft, while

reducing the carbon footprint of aerial acquisitions, also eliminates nois e pollution, as th e UAs ar e propelled by battery powered

electri c motors, rather than an internal combustion engine.

By using the DJI UAS Aircraft to perform aerial acquisitions, the substantial risk to life and property in th e a ir a nd o n th e g round,

which is usually a ssociated w ith traditional manned aircraft flight operations, will be substantially r educed o r completely

eliminated. Asid e from th e lack of flight crew members located onboard th e aircraft, th e DJI UAS Aircraft(weighing

approximately 2 pounds 11 ounces and 6 pounds 7.5 ounces respectively, at their maximum gross weights with lengths of 16

inches a nd 1 7.3 in ches r espectively, widths o f 1 6 in ches a nd 1 7 .7 in ches r espectively, and w ith n o f uel on b oard), has le s s physical

p o tential f

or collateral d amage t o life a nd propert y on the ground, a nd i n the air, compare d t o the manne d aircraft that typi cally

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).

**Performing Aerial**  **Video and**  **Photography Operations**  **with The**  **DJI UAS**  **Aircraft Will**  **Benefit the**  **Economy.**

In addition to being safe and efficient, the DJ I UAS Aircraft are also an economical alternative to u sing manned aircraft to conduct

similar aerial operations. A s such, operation of the DJI UAS Aircraft will allow United State s based companies, like MICHAEL E

OLSEN, to r emain c ompetitive and contribute to growth of the U.S. economy. Specifically, with t he rising cost of aviation fuel

and the E nvironmental Protection A gency ( “EPA”) r egulatory a ctions p hasing o ut leaded a viation f uels, U.S. owne d a nd operate d

companies must a dopt n ew a nd alternative technol ogy i n order t o remai n competitive. Operati ng the b attery powere d DJI UAS

Aircraft i s one suc h technol ogy that n ot o nl y allows companies greater operational flexibilit y compare d to manned aircraft, but

p rovides such flexibility witho u t the high operational cost of a traditional manned aircraft.

### 12

By operati ng the DJI UAS aircraft, p etitioners suc h as ANTHONY R. M. ANDREA ca n remai n competitive a nd profitable, a nd

therefore, provide greater j ob stabilit y t o employees a nd contractors, whic h will ultimatel y contribute t o growt h of the U.S.

economy. Improved financia l performance o f U .S. companies, through c ommercial use o f th e D JI U AS A ircraft, provides a s table

w orkforce that increases c onsumer s pending; improves lo cal, state, and f ederal tax r evenues; and a llows c ompanies to in vest in

r esearch and development i n order t o remai n competitive bot h i n the Unite d States a nd abroad.

**There Are**  **No Privacy**  **Issues.**

Similar to the manned aerial acquisition flight operations that have been conducted for decades, ANTHONY R. M. ANDREA

p roposed operati on of the DJI UAS Aircraft w ill n ot i mplicate a ny privac y issues. Specifically, the DJI UAS Aircraft will be

o p erate d only in c ompliance w ith o perating d ocuments ( i.e., the ANTHONY R. M. ANDREA A erial Operations M anu al, Monthly

M aintenance L og, and DJI UAS Aircraft Instruction Manual) which r e quires propert y owner involvement as well as local law

enforcement n otification, and in accordan ce with th e Federal Aviation Regulations, including th e minimum altitud e requirements

of 14 C.F.R. § 91.119.

### 13

**The Reasons**  **Why Granting**  **the Exemption**  **Would Not**  **Adversely A**  **ffect Safety,**  **Or Ho**  **w the**  **Exemption Would**  **Provide a** 

**Level of**  **Safety at**  **Least Equal**  **to That**  **Prov ided**  **by The**  **Rule from**  **Which ANTHONY R. M. ANDREA**  **Seeks Exemption.** 

**Re asons**  **Why T**  **he DJI**  **UAS Aircraft**  **Meet the**  **Conditions of**  **The F**  **AA Modernization**  **and Reform**  **Act of**  **2012 (**  **FMRA)**

**Section 333.** 

In consideration of the size, weight, speed, and limited operating area associated with the unmanned aircraft and its operati on,

ANTHONY R. M. ANDREA operation of the DJI UAS Aircraft meet the conditions of FMRA Section 333, an d will not require

an airworthiness certificat e in accordan ce with 14 C.F.R. Part 21, Subpart H.

Se ction 333 provides authority for a UA S to operate without airworthiness certification and sets forth requirements for consi d ering

whether a UAS will create a hazard to users of th e NAS or th e public, or otherwis e pos e a threat to national security. Specifically,

FMRA Section 333 states the following, in part:

In General.

-- Notwithstanding a n y other requirement of this subtitle, and n o t later than 1 80 d a ys af ter th e d ate o f

e nactment of

th is

Act, the Secretary of Transportation shall determine if certain unmanned aircraft systems may operate safely in the national

ai rsp ace system befor e completion of th e plan and rulemaking required by section 332 of this Act or the guidance require d by

section 334 of thi s Act.

Assessment of Unmanned Aircraft Systems.

-- In making the determination unde r subsection ( Secretary shall determine, at a

minimum

—

which types of unmanned aircraft systems, if any, as a result of their size, weight, speed, operational capability, proximity

to airports 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

whet her 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).

Requirements for Safe Operation.

—

If the Secretary determines unde r thi s section that certain u nmanne d aircraft systems ma y operate safel y i n the national airspace

system, the Secretary shall establish requirement s for the safe operation of such aircraft system s in the natio nal airspace system.

In seeking this exemption, ANTHONY R. M. ANDREA submits that the DJ I UAS Aircraft can operate safely in the NAS pursuant

to FMRA Section 333, as demonstrated by: (a) th e characteristics o f the DJI UA S aircraft; (b) the pilot certification requirement;

and (c) the specific operating limitations.

**The Specifications**  **of The**  **DJI UAS**  **Aircraft Demonstrate**  **Its Safe**  **Characteristics.**

The DJI UAS Aircraft do not create a hazard to users of the NAS or the public, or otherwise pose a threat to nationa l security

considering its size, weight, speed, a nd operational capability.

**Technical Specifications**  **of DJI**  **UAS Aircraft.** 

The technical specifications of the DJI UAS Aircraft are set forth by t h e DJI UAS aircraft User Manual

, attached hereto as

Appendix A

.

The DJI UAS Aircraft Autonomous Flight and Navigation Modes Enable The UASs to Remain Within a Defined Operational Area.

The DJI UAS Aircraft may be operated in both manual and fully autonomous flight 16 modes. A complete description of the fli ght

and navigational modes of th e DJI UAS Aircraft provided in th e User Manual , att ached hereto as Appendix A

.

The DJI UAS Aircraft Are Designed for Automatic Return to Home Point or Hover in The Event of Loss of the Control Link or

Navigation.

### 14

Wh en th e Control Link is lost, th e DJI UAS Aircraft will remain stationary, in flight, for 3 seconds or more. If, after 3 secon d s, the

DJI UAS Aircraft do n ot reacquire control link data from the GCS, the UAs will assume that the Control Link i s lost and t he UAs

will return t o t he home position ( i.e., failsafe mode) via GPS, and w ill descend t o t he takeoff position a nd s hutdown.

A complete description of the Failsafe Functions of the DJI UAS aircraft a re described in the Use r Manual, attached hereto as

Appe n d i x A.

**DJI UAS**  **Aircraft GCS**  **Operatio n.** 

Inspire 1 GC S and flight control software is provided in the User Manu al for the DJI UA S aircraft attach ed hereto as **Appendix A.** 

**Flight Opera**  **tions of**  **DJI UAS**  **Aircraft are**  **Limited to**  **The Line**  **of Sight**  **of a**  **Certificat ed**  **Pilot in**  **Command with**  **A Safety** 

**Observer.**

ANTHONY R. M. ANDREA will b e the only person to act as a pilot in command (PIC) of DJI UAS Aircraft.

**Flights of**  **DJI UAS**  **Aircraft Will**  **Be Conducted**  **Pursuant to**  **Specific Operating**  **Limitatio ns.** 

In seeking this exemp ti on, ANTHONY R. M. ANDREA proposes t o commerciall y operate DJI UAS Aircraft for the sp ecial

p u rpose of conducting aerial video and photog raph y over certain areas o f United States, pursuant to th e follo wing specifi c

o perating limitations:

1. Operations authorized b y 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 UAS AIRCRAFT. Proposed

operations of any other aircraft will require a new peti tion 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 45 knots. 17

4. The UA must be operated at an altitude of no more than 400 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. Th e UAs must be operated within visual line of sight (VLOS) of the PIC at all 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 FAA

- issued airman

medical certificate.

6. T he use of first person view (FPV) by the PIC or safety observer (SO) is not permitted.

7

. All operations must u tilize a safety observer (SO). The SO may be used to satisfy the VLOS requirement as long as the

PIC always maintains VLO S capability. The SO and PIC must b e 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 h is o r h er d esig nation f o r th e d uration o f

th e f light. The P I C must ensure th at the SO can p erform the functions

p rescribe d i n the operati ng d o cuments.

8

. The SO must not perform any other duties bey ond assisting the PIC with seeing and avoiding other air traffic and other

g r ound base d obstacles/obstructions a nd is not p ermitte d t o operate the camera or other instruments.

9 . T he operati ng documents a nd the grant o f exempti on must be accessible duri ng UAS operations a nd made available t o

the

### 15

Administrator upon request. If a discrepancy exists between the conditions and limitations contained in the grant of

exemption and the procedures outlined in the operating documents, the conditions and limitations contained in the grant

of exemption take precedence and must be followed. Otherwise, the operator must follow the procedures as outlined in its

operating documents. The operator may update or revise its operating documents. It is the operator’s responsibility to

track such revisions and present updated and revised documents to the Administrator upon request. The operator mu st

also present updated and revised documents if it petitions for extension or amendment to the grant of exemption. If the

operator determines that any update or revision would affect the basis upon which the FAA granted the exemption, then

the operator mu st petition for amendment to its grant of exemption. The FAA’s UAS Integration Office (AFS

- 80) may be

contacted if questions arise regarding updates or revisions to the operating documents.

10. Prior to each flight the PIC must inspect the UAS to ensure tha t 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 P reflight inspection. All maintenance and alterations must be properly documented in the aircraft

records.

11. Any UAS that has undergone maintenance or alterations that affect the UAS oper ation 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. The pre

- flight inspection must account fo r all potential discrepancies, e.g. inoperable components, items, or equipment,

not already covered in the relevant sections of the operating documents.

13. The operator must follow the UAS manufacturer’s aircraft/component, maintenance, overhaul, replacemen t, inspection

, and life limit requirements.

14. Th e operator must carry out its maintenance, inspections, and record keeping requirements, in accordance with the

operating documents. Maintenance, inspection, alterations, and status of replacement/overhaul co mponent 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 UASs operated under this exemption must comply with 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. The operator may not permit any PIC to operate unless the PIC meets the op erator’s

qualification criteria and demonstrates the ability to safely operate the UAS in a manner consistent with how the UAS will

be operated under the exemption, including evasive and emergency maneuvers and maintaining appropriate distances

from person s, vessels, vehicles and structures. PIC qualification flight hours must be logged in a manner consistent with

14 C.F.R. § 61.51(b). Flights for the purposes of training the operator’s PICs are permitted under the terms of the

exemption. However, training operations may only be conducted during dedicated training sessions. During training,

proficiency, and experience

- building flights, all persons not essential for flight operations are considered nonparticipants,

and the PIC must operate the UA with appropr iate distance from nonparticipants in accordance with 14 C.F.R. § 91.119

.

17. UA S operations may not be conducted during night, as defined in 14 C.F.R.

18. § 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.

19. The UAV may not operate within 5 nautical miles of an airport reference point 19 as denoted on a current FAA

- publishe d

aeronautical chart unless a letter of agreement with that airport’s management is obtained, and the operation is conducted

in accordance with a NOTAM as required by the operator’s COA. The letter of agreement with the airport management

### 16

must be made available to the Administrator upon request.

20. The UAV may 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.

21. If the UAV loses communications or loses its GPS signal, it must return to a pre

- determined location within the planne d

operating area and land or be recovered in accordance with the operating documents.

22. Th e PIC must abort the flight in the event of unpredicted obstacles or emergencies in accordance with the operating

documents.

23. The PIC i s 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 UAV with 25% battery power remaining.

24. The operator must obtain an Air Traffic Organization (ATO) issued Certificate of Waiver or Authorization (COA) prior to

conducting any operations under the grant of exemption. This COA will also require the operator to request a Notice to

Airman (NOTAM) not more than 72 hours in advance, but not less than 48 hours prior to the operation. All operations

shall be conducted in accordance with airspace requirements in the ATO issued COA including c lass of airspace, altitude

level and potential transponder requirements.

25. Al l aircraft operated in accordance with the exemption must be identified by serial number, registered in accordance with

14 C.F.R. part 47, and have identification (N

- Number) mark ings in accordance with 14 C.F.R. part 45, Subpart C.

Markings must be as large as practicable.

26. Be fore conducting operations, the radio frequency spectrum used for operation and control of the UAV must comply with

the Federal Communications Commission (F CC) or other appropriate government oversight agency requirements.

27. The documents required fewer than 14 C.F.R. 91.9 and 91.203 must be available to the PIC at the Ground Control Station

of the UAS any time the UAS is operating. These documents must be made available to the Administrator or any law

enforcement official upon request.

28. The UAV must remain clear and yield the right of way to all manned aviation operations and activities at all times.

29. The UAV may not be operated by the PIC from any moving d evice or vehicle.

30. 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:

31. Barriers or structures are pre sent that sufficiently protect nonparticipating persons from the UAV and/or debris in the

event of an accident. The operator must ensure that nonparticipating persons remain under such protection. If a situation

arises where nonparticipating persons leave such protection and are within 500 feet of the UA, flight operations must

cease immediately and/or;

32. The aircraft is operated near vessels, vehicles or structures where the owner/controller of such vessels, vehicles or

structures has granted permission and the PIC has made a safety assessm ent of the risk of operating closer to those objects

and determined that it does not present an undue hazard, and;

33. Operations nearer to the PIC, SO, operator trainees or essential persons do not present an undue hazard to those persons

per § 91.119(a).

### 17

34. All operations shall be conducted over private or controlled

- access property with permission from the land

owner/controller or authorized representative. Permission from land owner/controller or authorized representative will be

obtained for each flight to be conducted.

35. Any incident, accident, or flight operation that transgresses the lateral or vertical boundaries of the operational area as

defined by the applicable COA must be reported to the FAA's UAS Integration Office (AFS

- 80) within 24 hours.

36. Acc idents must be reported to the National Transportation Safety Board (NTSB) per instructions contained on the NTSB

Web site: www.ntsb.gov.

### 18

**Reasons Why**  **a n**  **Exemption from**  **The Requirements**  **of Section**  **61.113(a) And**  **(b) Would**  **Not Adversely**  **A ffect**  **Safety.**

ANTHONY R. M. ANDREA submits that the equivalent level of safety e stablished b y S ection 6 1.113(a) and ( b) will be

main tained b ecause no PIC will b e allowe d t o operate the DJI UAS Aircraft unless that PIC has demonstrated, b y meeti ng

minimum flight -h o u r a nd currenc y requirements, t hat t he PIC is able t o safel y operate the DJI UAS Aircraft i n a manner consistent

wit h the exemption, including evasiv e and emergency maneuvers and maintaining appropriat e distances from people, vessels,

vehicles and structures.

Consideri ng ANTHONY R. M. ANDREA propose d area of operations, a nd the operati ng limitations set forth -a bove; th e parallel

natur e of private pilot a eronautical k nowledge requirements t o those of commercial pilot requirements (See Exempti on No.

1 1 0 6 2 ); a nd th e airmanship skill s necessary to safely operate the DJI UAS aircraft, ANTHONY R. M. ANDREA submit s that the

training, preparation, practice, a nd experience of the Petitioner is sufficient t o meet the requirements of the propose d use.

The FAA has previously granted relief f rom 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

, 1 1 1 3 6

, 11138, 1 1150, 1 1153, 1 1156, 1 1158 , 11159, 11160, 11161).

ANTHONY R. M. ANDREA will not allow any PIC to operate the DJI UAS Aircraft u n less the PIC has demonstrated, by

meeting minimu m fligh t -h o u r requirements or the DJI UAS Aircraft traini ng a nd currenc y requirements, that the PIC is able to

safely operate the DJI UAS Aircraft i n a manner consistent w it h this exemption, includi ng evasive a nd emergenc y maneuvers and

maintaining appropriate distances fro m people, vessels, vehicles and structures.

Specifically

, the PIC must have accumulated and logged, in a m anner c onsistent with 1 4 C .F.R. § 6 1.51(b), 25 h ours o f to tal time

as a UAS rotorcraft pilot (with a minimum of 5 hours of thos e hours as a UAS pilot operating th e sam e mak e and model of UAS t o

b e use d for operations under the exemption). I n addition to th e hour requirements, th e PIC must accomplish 3 takeoffs and

landings in th e p receding 9 0 d ays ( for c urrency p urposes).

As in Exemption Nos. 11062, 11138, and 11153, prior do cumented flight experience that was obtained in compliance with

app licable r egulations w ill ensure a n e quivalent level of s afety d uring ANTHONY R. M. ANDREA p roposed o perations. The

Administrator has held that prior documented flight experience that was obtained in compliance with applicable regulations wo uld

ensur e saf

e opera tions, stating a s f

ollows:

In Exemption No. 11062, the FAA required that prio r to conducting operations fo r 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 a s a U AS r otorcraft pilot including a t least 10 h ours lo gged a s a U AS p ilot with a m ulti -r o to r UAS. Prio r to operations under

Exemption No. 11062, the PIC must also have accumulated and logged a minimum of 5 hours as a UAS pilot o perati ng the s ame

make and model of UAS to be used for operations under the exemption. For clarification, the F AA con siders these minimu m hour

requirements to be inclusive rathe r than additive; i.e. 5 hours make and model time may be included in the 10 hours of multi -r otor

time a nd th e 1 0 h ours m ay b e in cluded in th e to tal 2 5 h ours o f U AS r otorcraft time. In a ddition to th e h our r equirements, the PIC

must accomplish 3 takeoffs and landings in the preceding 90 days (for currency purposes). The F AA finds that at a minimum, the

flight -h o u r requ irements i n Exempti on No. 1 1062 are appropriate t o practice a nd buil d proficienc y i n the skills necessar y t o safely

conduct th e petitioner’s proposed operations. Th e FAA also finds that prior documented flight experien ce tha t was obtained i n

complian ce with applicabl e regulations would satisfy this requirement. Training, proficiency, and experience -b u ildi ng flights can

also b e conducted under th e grant of exemption to accomplish th e required flight time. During training, p roficiency, and

experience

- buildi ng flights the PIC is require d t o operate the UAS wit h appropriate distances i n accordance wit h 14 C.F.R 91.119.

Exemption No. 11138 at page 15.

Accordingly, ANTHONY R. M. ANDREA will ensure safe operations by not allowing an y PIC t o operate DJI UAS Aircraft

u n less that PIC has demonstrated, by meeting minimum flight -h o u r a nd currenc y requirements, that the PIC is able t o safel y

o p erate the DJI UAS Aircraft in a manner consistent with the exemption, including e vasive and e merg ency maneuvers and

maintaining appropriate distances from people, v essels, v ehicles a nd structures.

### 19

**Reasons Why**  **a n**  **Exemption from**  **The Requirements**  **of Section**  **91.7(a) Would**  **Not Adversely**  **A ffect**  **Safety.**

The equivalent level of safety established by Sectio n 91.7(a) will be maintained because prior to every flight, ANTHONY R. M.

ANDREA will ensure that DJI UAS Aircraft is in an airworthy cond ition based upon the UAS’s compliance with its operating

d o cuments a nd as stated in the conditions and limitations herein.

Ad ditionally, the F AA has previously granted relief fro m Section 91.7(a) specific to UAS, in circumstances similar, in all ma te rial

respects, to those presented herein (e.g. Exemption Nos. 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110, 111 1 2

, 1 1 1 3 6

, 11138, 1 1150, 1 1153, 1 1156, 1 1157, 1 1158, 1 1159, 1 1160, 11161).

**Re asons**  **Why a**  **n Exemption**  **from The**  **Requirements of**  **Section 91.121**  **W ould**  **Not Adversely**  **A ffect**  **Safety.**

Th e equivalent level of safety established by Section 91.121 will be maintained b ecause the altitude informati o n of the DJI UAS

Aircraft will be provided to the PIC via GPS equipment and a radio communications telemetry data link, which downlinks from

the U A to th e G CS f

or a ctive m onitoring o f

th e f light path a nd a ltitude. This a ltit ude information, combine d wit h ANTHONY R.

M. ANDREA operation of the DJI UAS Aircraft within visual line of sight, at or below 400 feet AGL, will ensure a level of safety

equivalent to Section 91.12 1. Th e altitud e information will b e generated by GPS equipment installed o nboard th e a ircraft. Prior to

each flight, a zero altitud e initiation point is automatically established by th e UASs at ground level.

Th e FAA has previously granted relief from Section 91.121 specific to UAS, in 23 circumstances similar, in all material respects,

to those presented herein (e.g. Exemption Nos. 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11112, 11136, 11138,

1 1 1 5 0 , 1 1 1 5 3 , 1 1 1 5 6 , 1 1 1 5 7 , 11 1 5 8 , 11159, 11160, 11161).

**Reasons Why**  **a n**  **Exemption from**  **The Requirements**  **of Sect**  **ion 9**  **1 .151(b)**  **W ould**  **N ot**  **A dversely**  **A ffect**  **S afety.** 

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 o f (1)

the te chnical specifications o f th e D JI U AS A ircraft; (2) th e lim itations o n the propose d flight operations; a nd (3) the locati on of the

p roposed f

light operations. Accordingly, ANTHONY R. M. ANDREA w ill ensure th at it will safely o perate th e b attery p owered

D JI UAS Aircraft during d aylight hours in VFR conditions, with e nough b attery power t o fl y for a total durati on of 15 minutes t o

the first po int o f intended landing and, assuming normal cruising speed, to fly after that for at least 5 minutes.

He re, as in E xemption N o. 11109, the technical specifications of the DJI UAS Aircraft UA Ss ; the limitations on the proposed

fl ight operations; and the location o f the proposed operations, will ensure an equivalent level o f safety established by 14 C .F .R.

Section 91.151(b). Furthermore, safety will be ensured as the DJI UA S Aircraft provide au d ible a nd visual warnings t o the PIC at

the G CS w hen th e U As e xperiences lo w b attery v oltage, the f irst warning o ccurring a t approximately 3 3% r emaining b attery power,

a nd agai n at a pproximatel y 10% remaini ng batter y power. A t t he criticall y low batter y level, the DJI Inspire 1 will descend a nd

land a utomatically.

Significantly, previous exemptions granted by the FAA concerning Section 91.151 establish that safety is not adversely affect ed

when t he technical characteristics and operati ng limitations of the UAS are considered. Relief has bee n grante d for manne d aircraft

to o perate a t less th an th e m inimums p r escribed in S ection 9 1.151, including E xemption N os. 2689, 5745, and 1 0650. Moreover,

the F A A h as p reviously g ranted r elief from Section 91.151 specific to UAS, in circumstances similar, in all material respects, to

th ose p resented h erein ( e .g. Exemption N o s. 8811, 10808, 10673, 11042, 11062, 11063, 11064, 11065, 11066, 11067, 11080,

1 1 1 0 9

, 11110, 1 1136, 1 1138, 1 1150, 1 1153, 1 1156, 1 1157, 1 1158, 11159, 11160, 11161).

**Re asons**  **Why a**  **n Exemption**  **from The**  **Requirements of**  **Sections 91.405(a),**  **91.407(a)(1), 91.409(a)(1)**  **& (a)(2),**  **And**

**9 1**  **.417(a) &**  **(b) Would**  **Not Adversel**  **y Affect**  **Safety.**

In seeking this exemption, ANTHONY R. M. ANDREA submits that the e quivalent level of s afety w ith r egard to th e r egulatory

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 ANTHONY R. M. ANDREA will u se trained tech n icians t o perform maintenance, alterations, or

p reventive maintenance on the UASs using the methods, techniques, and practices prescribed in the operating documents (i.e., the

ANTHONY R. M. ANDREA Aerial Operation s Manual, Monthly Maintenance Log, and DJI UAS Aircraft Instruction Manual).

Furthermore, ANTHONY R. M. ANDREA will document and maintain all maintenance records for the DJI UA S Aircraft UASs.

### 20

Since the DJI UA S Aircraft will be inspected as prescribed by the operating documents, ANTHONY R. M. ANDREA will

maint ain the equivalent level of safety established by Sections 91.405(a), 91.409(a)(1), and 91.409(a)(2). A copy of th e D JI UAS

Aircraft User Manual is attached hereto as Appendix A; a copy of th e DJI UAS Aircraft Maintenan ce LOG is attached hereto as

Appendix B.

Likewise, the exemption sought will not adversely affect safety because ANTHONY R. M. ANDREA will use trained t echnicians

to perform maintenance, a lterations or preventive maintenance on the UAS u si ng the methods, techniqu es, a nd practices prescribed

b y the operati ng documents.

Furthermore, the exemption sought would maintain an equivalent leve l of s afety e stablished b y S ections 9 1.407, 91.417(a) a nd

9 1 .417(b), b ecause all m aintenance of the DJI UAS Aircraft w ill be p erforme d by traine d technicians. Maintenance will be

d o cumente d a nd maintaine d utilizi ng the monthl y maintenance log.

Significant ly, previous exemptions granted by the FAA concerning Sections 91.405(a), 91.407(a)(1), 91 .409(a)(1) & (a)(2), and

9 1 .417(a) & (b) establish that safety is not adversely affected when the technical characteristics and operating limitations of the

UAS are c onsidered.

In consideration of ANTHONY R. M. ANDREA proposed operating limitations, the operating documents, and the technical aspects

of the DJI UAS Aircraft, ANTHONY R. M. ANDREA submits that safety w ill not be adversely a ffected b y g ranting e xemption

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

relief speci fic to UAS in circumstances similar, in all material respects, to those presented herein (e.g. Exemption Nos. 11062,

11063, 110 64, 11065, 11066, 1 1067, 1 1080, 1 1109, 1 1110, 1 1112, 11136, 11138, 11150, 11153, 11156, 11157, 11158, 11159,

11 1 6 0

, 11161).

**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, ANTHONY R. M. ANDREA requests that the FAA prescribe special conditions fo r the intended operation of

the DJ I UAS Aircraft UASs, which contain suc h safety standard s t hat the Administrator f inds n ecessary to e stablish a le vel of

s afety e quivalent to th at established b y 1 4 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),

9 1 .407(a)(1), 9 1.409(a)(1) & (a)(2), a nd 91.417(a) & (b). S uc h special conditions will permit safe operati on of the UAs for the

limited p urpose o f

c onducting a erial video a nd p hotography o ver c ertain a reas o f th e U nited S tates f

or c ompensation o r h ire. FMRA

Section 333 sets forth the requirements for considering whether a UA S will create a hazard t o u sers of the NAS or the p u b lic, or

otherwise pose a threat t o national s ecurity; a nd further, p rovides the authorit y for suc h UAS t o operate without airworthiness

certification in accordan ce with any requirements that must b e establ ished f or th e s afe o peration o f

th e U AS in th e NAS.

Likewise, the Administrator may prescribe special conditions pursuant to 14 C.F.R. § 21.16, for operation of the DJI UAS Airc raft

UASs, since the airworthiness regulations of 14 C.F.R. Part 21 do n ot con tain a dequate o r a ppropriate s afety s tandards, du e to th e

n o v el o r unusual d esi gn features of the aircraft. S ecti on 21.16, e ntitle d Special Conditions, states the following:

If the FAA finds that the airworthiness regulations of this subchapte r do not con tain a dequate o r a ppropriate s afety s tandards f or a n

aircraft, aircraft engine, or propeller becaus e of a novel or unusual design featur e of th e aircraft, aircraft engin e or propeller, he

p rescribes special c onditions a nd amendments theret o for the product . The s pecial conditions a re is sued in a ccordance w ith P art 11

of this chapter a nd contai n suc h safet y standards for the aircraft, aircraft engine or propeller as the FAA finds necessar y t o establish

a level of safety equivalent to that established in th e regulations. See 14 C.F.R. § 21.16.

Therefore, in accordance with FMRA Section 333 and 14 C.F.R. § 21.16, the FAA may prescribe special conditions for Leading

Edge’s intended operation of the DJI UAS Aircraft, 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 Sections 61.113(a) & (b),

9 1 .7(a), 9 1.121, 9 1.151(b), 9 1.405(a), 9 1.407(a)(1), 9 1.409(a)(1) & (a)(2), a nd 91.417(a) & (b).

### 21

**A Summary**  **T hat**  **Can Be**  **Published in**  **The Federal**  **Register, stating:**  **The Rules**  **from Which**  **ANTHONY R. M. ANDREA**

**Seeks Exemption:** 

ANTHONY R. M. ANDREA seeks exemption from the requirements of 14 C.F.R Sections 61.113(a)&(b), 91.7(a), 91.121,

9 1.151(b), 91.405(a), 91.407(a)(1), 9 1.409(a)(1) & (a)(2), a nd 91.417(a) & (b).

**A Brief**  **Description of**  **the Nature**  **of the**  **Exemption ANTHONY R. M. ANDREA**  **Seeks:**

This exemption will permit ANTHONY R. M. ANDREA to commercially operate an Unmanned Aircraft System (UAS) for the

purpose o f co n d u cti ng aerial v ide o a nd photogra phy over certai n areas of the Unite d States.

**Any Additional**  **Information, Views,**  **Or Arguments**  **Available to**  **S upport**  **ANTHONY R. M. ANDREA Request.** 

This Petition is made pursuant to the FAA Modernization and Reform Act of 2012

(FMRA) Section 333, which directs the Secretary o f Transportation to determine i f certain UAS may operate safely in the NAS. As

such, ANTHONY R. M. ANDREA request for exemption may be granted pursuant to the authority of FMRA Section 333 and 14

C.F.R. Part 11, as set forth above.

FMRA Section 333 sets forth the requirements for considering whether a UA S will create a hazard to users of the NA S or the

pu b lic, or otherwise pose a threat t o national s ecurity; a nd further, provides the authorit y for suc h UAS t o ope rate without

airworthiness certification.

As discussed in detail above, ANTHONY R. M. ANDREA will o perate DJI UAS aircraft safely in the NAS, without creating a

hazard to users of the NAS, o r the public, o r otherwise pose a threat t o n ational security.

### 22

**CONC LUS**  **ION**

As set forth herein, ANTHONY R. M. ANDREA seeks an exemption pursuant to 14 C.F.R. § 11.61 and Section 333 of the FAA

Modernization and Reform Act of 2012 (FMRA), which will permit safe operation of the DJI UAS Aircraft commercially,

without an airworthi ness certificate, f or the limite d purpose o f conducti ng aerial vide o a nd photogra phy over certai n areas of the

United States. By granting this Petition, the FAA Administrator will be fulfilling the Congressional mandate of the FAA

Modernizatio n and Reform Act of 2012, while also advancing the interests of the public, by allowing ANTHONY R. M.

ANDREA to safely, efficiently, and economically operat e th e DJI UAS Aircraft commercially within th e NAS.

WHEREFORE, in accordance with the Federal Aviation Regulations an d the FAA Modernizati on a nd Reform Act of 2012,

Section 333, ANTHONY R. M. ANDREA respectfully requests that the Administrator grant this Petition for an exemption from

the requirements of 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 nd permit L eadi ng Edge t o operate the DJI UAS Aircraft commerciall y for the purpose of conducti ng aerial

v ide o a nd photogra phy over certai n areas of the Unite d States.

Da ted: June 16 , 2015

Atta chments to this submission:

DJ I Phantom 3 M anual

Very respectfully,

**Anthony R.M. Andrea 1671 Bush Ave., St. Paul, MN 55106**

**6 5**  **1 -216-5918** 

**director@eastendpro.com**

### 23

**APPENDIX – A**

D JI INSPIRE 1 TECHNICAL SPECIFICATIONS

ANTHONY R. M. ANDREA 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. Further, DJI software provides real-time altitude

and location information to the PIC via the linked monitor (smart phone/tablet devices)



## Specif ications

Aircraft

Weight (Battery & Propellers

Included) 2935 g

Max. Ascent Speed 5 m/s

Max. Descent Speed 4 m/s

Max. Speed 22 m/s (ATTI mode, no wind)

Max. Flight Altitude 4500 m ( Default altitude limit: 120 m above takeoff point)

Max. Flight Time Approximately 18 minutes

Operating Temperature -10° to 40° C

GPS Mode GPS/GLONASS

Gimbal

Controllable Range Pitch:

- 90° to + 30°

Vision Positioning

Velocity Range < 8 m/s (2 m above ground)

Altitude Range 5-500 cm

Operating Range 0-250 cm

Operating Environment Brightly lit (lux > 15) patterned surfaces

Camera

Sensor Sony EXMOR 1/2.3” Effective pixels:12.4 M (total pixels: 12.76 M)

Lens 20mm (35mm format equivalent)f/2.8 focus at ∞

9 Elements in 9 groups

Anti-distortion ISO Range 100-3200 (video)100-1600 (photo)

Electronic Shutter Speed 8s

- 1/8000s

Image Max. Size 4000 x 3000

### 24

Still Photography Modes Single shot Burst shooting: 3/5/7

frames Auto Exposure Bracketing (AEB):

3/5 Bracketed frames at 0.7EV Bias

Time

- lapse

S upported SD Card Types Micro SD Max. capacity: 64 GB. Class 10 or UHS- 1 rating required

Video Recording Modes FHD:1920x1080p 24/25/30/48/50/ 60 HD:1280x720p 24/25/30/48/50/60

UHD (4K): 4096x2160p24/25, 3840x2160p24/25/30

Max. Bitrate Of Video

Storage 6 0 Mbps

Supported File Formats FAT32/exFAT Photo: JPEG, DNG Video: MP4/MOV (MPEG- 4 AVC/H.264)

Operating Temperature

Range 0°C to 40°C

© 2015 DJI. All Rights Reserved. 53

Remote Controller

Operating Frequency 2.400 GHz

- 2.483 GHz

Transmitting Distance

Video Output Port USB

Operating Temperature

Range 0°C

- 40°C

Battery 6000 mAh LiPo 2S

Mobile Device Holder Tablets and smartphones

Transmitter Power(EIRP) FCC: 20 dbm; CE:16 dbm

Working Voltage 1.2 A @7.4 V

Charger

Vo ltage 17.4 V

Rated Power 57 W

Intelligent Flight Battery ( PH3

- 4480 mAh

- 15.2 V )

Capacity 4500 mAh

Voltage 22.2 V

Battery Type LiPo 2S

Energy 99.9 Wh

Net Weight 570 g

Operating Temperature

- 10°C

- 40°C Up t o 5 km or 3.1 miles (unobstructed, free of interference) when F CC compliant

Up t o 3.5 km or 2.1 miles (unobstructed, free of interference) when CE compliant

U SB , mini-HDMI

### 25

Max. Charging Power 180 W



### All specifications can be found at https://dl.djicdn.com/downloads/inspire_1/en/

Inspire_1_User_Manual_en_v2.0_1218.pdf

### 26

Appendix B

DJI INSPIRE 1 A DVANCE D MAINTENANCE LOG

Screenshot below: