UNITED STATES OFAMERICA DEPARTMENT OFTRANSPORTATION FEDERAL AVIATION ADMINISTRATION WASHINGTON, DC

IN THE MATTER OF THE PETITION FOR EXEMPTION OF: DAJAVIEWAERIAL PHOTOGRAPHY FOR AN EXEMPTION SEEKING RELIEF FROM THE REQUIREMENTS OF TITLE 14 OF THE CODE OF FEDERAL REGULATIONS SECTIONS 61.113(a) 

### &(b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) 

### &(a)(2), AND 91.417(a) 

### & (b) CONCERNING COMMERCIAL OPERATION OF DJI Phantom 2AND DJI Phantom 3 UNMANNED AIRCRAFT SYSTEMS PURSUANT TO SECTION 333 OF THE FAA MODERNIZATION AND REFORM ACT OF 2012 (PUBLIC LAW 112-95)

Submitted on January 15, 2016 David D. Moore, DBA DaJa View Ariel Photography 15573 CR 260 Salida, CO 81201 719 239 0085 mooreflyfish@gmail.com



### 1 At 

## v.vAGL AOI ATC ATO AV CFR COA 

## FAA FAR GCS GPS LOL NAS NOT AM PIC Section 

### 333 333 

# so SOP UA UAS VFR VLOS VMC VTOL GLOSSARY OF ABBREVIATIONS Above Ground Level Area of Interest · AirTraffic Control AirTraffic Organization Aerial Vehicle Code of Federal Regulations Certificate ofAuthorization Federal Aviation Administration Federal Aviation Regulation Ground Control Station Global Positioning System Loss of Link National Airspace System Notice to Airman Pilot In Command FAA Modernization and Reform Act of2012 (FMRA) Section
Safety Observer Standard Operating Procedures Unmanned Aircraft Unmanned Aircraft System Visual Flight Rules Visual Line ofSite Visual Meteorological Conditions Vertical Takeoffand Landing



### 3SUMMARY DAJA VIEWAERIAL PHOTOGRAPHY 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 pursuantto Section 333 ofthe FAA Modernization and Reform Act of2012 (FMRA). This exemption will permit DAJA VIEW AERIAL PHOTOGRAPHYto operate an Unmanned Aircraft System (UAS) forthe commercial purpose ofconducting aerial video and photography ofreal estate, commercial properties, weddings, and landscape over certain areas ofthe United States.
INTRODUCTION AND INTERESTS OF THE PETITIONER DAJA VIEWAERIAL PHOTOGRAPHY provides clients with photography and video services ofproperties and buildingsforthe purpose ofadvertising and promotion. DAJA VIEW AERIAL PHOTOGRAPHY will also provide wedding videos and photographs for customers. The objective of DAJAVIEWAERIAL PHOTOGRAPHY and associated aerial operations is to provide high quality imaging for a variety ofcommercial, public, and residential uses, specifically targeting:
• Residential Construction

• Real-estate marketing

• Resort property marketing



### • Weddingphotography

BACKGROUND Unmanned Aircraft Systems: DJI Phantom 2, DJI Phantom 3 UASs DAJA VIEWAERIAL PHOTOGRAPHY seeks an exemption to operate DJI systems for compensation or hirewithin the NAS. The DJI Phantom 2 and DJI Phantom 3 are vertical takeoff and landing (VTOL) Unmanned Aircraft (UA) with a Ground Control Station (GCS) utilizing electronictablet or smart phone systems. The DJI Phantom 2 has a maximum grossweight of approximately2 pounds 11 ounces, while having a length of 16 incheswidth of 16 inches, height of8 inches, and a maximum speed ofapproximately 29 knots. The DJI Phantom 3 has a maximum grossweight 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 ofapproximately 42 knots. The DJI Phantom 2 and DJI Phantom 3UAs are equipped with four main rotors; driven by Lithium Polymer battery powered electric motors. BASIS FOR PETITION



### 4Petitioner, DAJAVIEWAERIAL PHOTOGRAPHY, pursuantto the provisions ofthe Federal Aviation Regulations (14 C.F.R. 

### § 11.61) and the FAA Modernization and Reform Act of2012 (FMRA), Section 333, Special Rules forCertain UnmannedAircraft Systems, hereby petitions the Administrator to commercially operate the DJI Phantom 2 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 ofthe speed, weight, size, and limited operating area associated with the unmanned aircraft and its operation, DAJAVIEWAERIAL PHOTOGRAPHY operation of DJI Phantom 2 and DJI Phantom 3 UASs meets the conditions of FMRA Section 333 and therefore, will not require an airworthiness certificate in accordancewith 14 C.F.R. Part 21, Subpart H. Accordingly, DAJAVIEWAERIAL PHOTOGRAPHY relieffrom Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b), as these sections setforth requirements for maintenance that only apply to aircraftwith an airworthiness certificate. DAJA VIEWAERIAL PHOTOGRAPHYsubmits that the requested relief is propersince an equivalent level ofsafety will be ensured. DAJAVIEWAERIAL PHOTOGRAPHYwill 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 Phantom 2 and DJI Phantom 3 Instruction Manual). Furthermore, DAJAVIEWAERIAL PHOTOGRAPHY will document and maintain all maintenance records forthe DJI Phantom 2 and DJI Phantom 3 UASs.

Relieffrom certain requirements of Section 61.113(a) and (b), entitled Privatepilot privileges andlimitations: Pilotin command, is requested by DAJAVIEWAERIAL PHOTOGRAPHYto the extent necessary to allow a Pilot in Command (PIC) holding a private pilot or higher level certificate, aswell as an airman medical certificate, and who has demonstrated, by meeting minimum flight- hour and currency requirements, thatthe PIC is able to safely operatethe DJI Phantom 2 and OJI Phantom 3 UASs in a mannerconsistent with this exemption, including evasive and emergency maneuvers and maintaining appropriate distancesfrom people, vessels, vehicles and structure.
David Moore is a US Army vet, who has completed the FAAground school while on active duty, and has recently taken an on line course to refresh that knowledge to current standard.



### 5DAJA VIEWAERIAL PHOTOGRAPHY seeks relieffrom Section 91.7(a), entitled Civilaircraft airworthiness, because the DJI Phantom 2 and DJI Phantom 3 UASs do not require an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H. As such, DAJA VIEWAERIAL PHOTOGRAPHY submits thatthe DJI Phantom 2 and DJI Phantom 3UASs are in an airworthy condition, priorto every flight, by determining thatthe UASs are in compliance with the operating documents (i.e., Monthly Maintenance Log, and DJI Phantom 2 and DJI Phantom 3 Instruction Manual), and thatthe aircraft are in a condition forsafe flight. Preflight instructions provided by DJI to ensure airworthiness checks priorto each flight will be utilized.

DAJAVIEWAERIAL PHOTOGRAPHY also seeks an exemption from the requirements of Section 91.121, entitled AltimeterSettings, as the DJI Phantom 2 and DJI Phantom 3 UAs will not have a typical barometric altimeter onboard. However, altitude information ofthe DJI Phantom 2 and DJI Phantom 3UAs will be provided to the PIC via Global Positioning System (GPS) equipment and radio communications telemetry data link, which downlinks from the UAto the GPSfor active monitoring ofthe flight path. This altitude information, combined withDAJA VIEWAERIAL PHOTOGRAPHY'S operation ofthe DJI Phantom 2 and DJI Phantom 3 UASs within visual line of sight, at or below 500feetAGL, will ensure a level ofsafety equivalent to Section 91.121. Additionally, DAJA VIEWAERIAL PHOTOGRAPHY seeks an exemption from the requirements of Section 91.151(b), entitled Fuel requirements forflight in VFR conditions. DAJA VIEWAERIAL PHOTOGRAPHY submits that safety will not be affected by operation ofthe DJI Phantom 2 and DJI Phantom 3 UAs during daylight hours in visual meteorological conditions (VMC) undervisual flight rules (VFR), with enough battery powertoflyfor a total duration ofapproximately 14.5 minutesto the first point of intended landing and, assuming normal cruising speed, tofly afterthatfor at least 4.5 minutes. In accordance with 14 C.F.R. 

### § 11.81, DAJAVIEWAERIAL PHOTOGRAPHY provides the following information in support of its petition forexemption:


### A. Name And Address OfThe Petitioner. The name and address ofthe Petitioner and point ofcontact is: David Moore DBA DAJAVIEWAERIAL PHOTOGRAPHY 15573 CR 260 Salida, CO 81201 719 239 0085 mooreflyfish@gmail.com



### B. The Specific Sections Of 14C.F.R. From Which DAJA VIEW AERIAL



### 6

### PHOTOGRAPHY Seeks Exemption. 1. DAJA VIEW AERIAL PHOTOGRAPHY Seeks Exemption From The Requirements Of Section 61.113(a) And (b). Section 61.113, entitled Private pilot privileges and limitations: Pilotin command, subsections (a) and (b) prescribe the following, in relevant parf (a) No person who holds a private pilot certificate may act as a pilot in command (PIC) ofan aircraftthat is carrying passengers or property for compensation or hire; nor may that person, for compensation orhire, act as PIC ofan aircraft. (b)A private pilot may, for compensation or hire, act as PIC of an aircraft in connection with any business or employment if- (1) Theflight is only incidental to that business oremployment; and (2) The aircraft does not carry passengers or property for compensation or hire. 

### 2. DAJA VIEW AERIAL PHOTOGRAPHY Seeks Exemption From The Requirements Of Section 91.7(a). Section 91.7, entitled Civilaircraftairworthiness, subsection (a), states the following: (a) No person may operate a civil aircraft unless it is in an airworthy condition. 

### 3. DAJA VIEW AERIAL PHOTOGRAPHY Seeks Exemption From The Requirements Of Section 91.121. Section 91.121, entitled Altimeter settings, subsection (a), states the following, in part: (a) Each person operating an aircraft shall maintain the cruising altitude orflight level ofthat aircraft, as the case may be, by reference to an altimeterthat is set, when operating-- (1) Below 18,000feet MSL, to-- (i) The current reported altimeter setting of a station along the route and within 100 nautical miles ofthe aircraft; (ii) Ifthere is no station within the area prescribed in paragraph (a)(1)(i) of this section, the current reported altimeter setting ofan appropriate available station; or

(iii) In the case ofan aircraft not equipped with a radio, the elevation of the departure airport oran appropriate altimeter setting available before



### 7departure.

4. DAJA VIEW AERIAL PHOTOGRAPHYSeeks Exemption From The Requirements OfSection 91.151(b). Section 91.151, entitled 

### Fuelrequirements forflight in VFR conditions, subsection (b), states the following: 

### (b) No person may begin 

### a flight in 

### a rotorcraft under VFR conditions unless (considering wind and forecast weatherconditions) there is enough fuel to fly to the first point ofintended landing and, assuming normal cruising speed, to fly afterthat foratleast20minutes.

5. DAJA VIEWAERIAL PHOTOGRAPHY Seeks Exemption From The Requirement Of Section 91.405(a). Section 91.405, entitled 

### Maintenance required, subsection (a), states the following: Each owner oroperator of

# an aircraft- (a) Shall have that aircraft inspected as prescribed in subpart E of this part and shall between required inspections, except as provided in paragraph (c) of this section, have discrepancies repaired as prescribed in part 43 ofthis chapter[.]

6. DAJA VIEWAERIAL PHOTOGRAPHY Seeks Exemption From The Requirements Of Section 91.407(a)(1) Section 91.407, entitled 

### Operation aftermaintenance, preventive maintenance, rebuilding, oralteration, subsection (a)(1), states the following: (a) No person may operate any aircraft that has undergone maintenance, preventive maintenance, rebuilding, or alteration unless-- (1) It has been approved for return to service by a person authorized under§ 43.7 ofthis chapter[.] 7. DAJA VIEWAERIAL PHOTOGRAPHY Seeks Exemption From The Requirements OfSections 91.409(a)(1) And 91.409(a)(2). Section 91.409, entitled 

### Inspections, subsection (a), states the following:

(a) Except as provided in paragraph (c) ofthis section, no person may operate an



### 8

### aircraft unless, within the preceding 12 calendar months, it has had
-- (1)An annual inspection in accordance with part 43 of this chapter and has been approved for return to service by a person authorized by 

### § 43.7 of this chapter; or (2)An inspection for the issuance of an airworthiness certificate in accordance with part 21 ofthis chapter. 

### 8. DAJA VIEW AERIAL PHOTOGRAPHY Seeks Exemption From The Requirements OfSections 91.417(a) And 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 oroperator shall keep the following records forthe periods specified in paragraph (b) ofthis section: (1) Records of the maintenance, preventive maintenance, and alteration and records ofthe 1 00-hour, annual, progressive, and other required or approved inspections, as appropriate, for each aircraft (including the airframe) and each engine, propeller, rotor, and appliance of an aircraft. The records must include-- (i) A description (or reference to data acceptable to the Administrator) of the work performed; and (ii) The date of completion ofthe work performed; and (iii) The signature, and certificate number of the person approving the aircraft for return to service. (2) Records containing the following information: (i) The fetal time in service of the airframe, each engine, each propeller, and each rotor.

(ii) The current status of life-limited parts of each airframe, engine, propeller, rotor, and appliance.

(iii) The time since last overhaul of all items installed on the aircraft which are required to be overhauled on a specified time basis. (iv) The current inspection status of the aircraft, including the time since the last inspection required by the inspection program under which the aircraft and its appliances are maintained.



### 9(v) The current status of applicable airworthiness directives (AD) and safety directives including, for each, the method of compliance, the AD or safety directive number and revision date. Ifthe AD orsafety directive involves recurring action, the time and date when the next action is required.

(vi) Copies ofthe forms prescribed by§ 43.9(d) ofthis chapterforeach major alteration to the airframe and currently installed engines, rotors, propellers, and appliances. (b) The owner or operator shall retain the following records for the periods prescribed: (1) The records specified in paragraph (a)(1) ofthis section shall be retained until the work is repeated orsuperseded by otherwork or for 1 year afterthe work is performed. (2) The records specified in paragraph (a)(2) ofthis section shall be retained and transferred with the aircraft at the time the aircraft is sold. (3)A list ofdefectsfurnished to a registered owner or operator under § 43.11 ofthis chapter shall be retained until the defects are repaired and the aircraft is approved for return to service.


### C. The Extent Of Relief DAJA VIEW AERIAL PHOTOGRAPHY Seeks And The Reason DAJA VIEWAERIAL PHOTOGRAPHY Seeks The Relief.

1. ExtentOf Relief DAJA VIEWAERIAL PHOTOGRAPHY Seeks And The Reason DAJA VIEWAERIAL PHOTOGRAPHY Seeks Relief From Section 61.113(a) And (b). Relieffrom Section 61.113(a) and (b) entitled Privatepilotprivileges andlimitations: Pilotin command, is requested to the extent necessaryto allow a PIC holding a private pilot or higher level certificate, as well as a current and valid airman medical certificate, and who has met certain flight-hour and currency requirements, to conduct the proposed UAS flight operations for compensation or hire. This relief is requested since the limitations setforth in Section 61.113(a) and (b) statethat a private pilot may, for compensation or hire, act as PIC ofan aircraft in connection with any business oremployment if: (1) The flight is only incidental to that business or employment; and (2) The aircraft does not carry passengers or property for compensation or hire. As set forth more fully below, 

### DAJA VIEWAERIAL PHOTOGRAPHYsubmits that an



### 10equivalent level ofsafety will be maintained because no PIC will be allowed to operate the DJI Phantom 2 UAS or DJI Phantom 3 UAS unless that PIC has metcertain flight-hour and currency requirements, demonstrating that the PIC is able to safely operate eitherthe DJl Phantom 2 or DJI Phantom 3 UAS in a manner consistent with the operations specifications as described in this exemption, including evasive and emergency maneuvers, aswell as maintaining appropriate distancesfrom people, vessels, vehicles and structures. Further, DAJAVIEWAERIAL PHOTOGRAPHY submits that all flights ofthe DJI Phantom 2 and OJI Phantom 3 UASs, conducted by the PIC pursuantto the grant ofthis Petition: (1) will be incidental to DAJAVIEW AERIAL PHOTOGRAPHY's business; and (2) will not carry passengers or property for compensation or hire.

2. ExtentOf Relief DAJA VIEW AERIAL PHOTOGRAPHYSeeks And The Reason DAJAVIEWAERIAL PHOTOGRAPHY Seeks Relief From Section 91.7(a). Relieffrom Section 91.7(a) entitled Civilaircraftairworthiness, is requested to the extent required to allow DAJA VIEWAERIAL PHOTOGRAPHYto determine that the DJI Phantom 2 and OJI Phantom 3 UASs are in airworthy condition priorto everyflight by ensuring that the UAS is in compliance with the operating documents (i.e., the DAJA VIEWAERIAL PHOTOGRAPHY Aerial Operations Manual, Monthly Maintenance Log, and DJI Phantom 2 and DJI Phantom 3 Instruction Manual). DAJA VIEWAERIAL PHOTOGRAPHY seeks the requested relief because the DJI Phantom 2 and DJI Phantom 3 UASs do not require an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H. Therefore, DAJAVIEWAERIAL PHOTOGRAPHYwill ensure that the OJI Phantom 2 and OJI Phantom 3 UASs are in airworthy condition based upon its ·compliance with the operating documents (i.e., Monthly Maintenance Log, and DJI Phantom 2 and DJI Phantom 3 Instruction Manual) priorto every flight, and further, determine thatthe aircraft are in condition for safe flight, as stated in the conditions**a~d** limitations below.

3. ExtentOf Relief DAJA VIEWAERIAL PHOTOGRAPHYSeeks and the Reason DAJAVIEWAERIAL PHOTOGRAPHYSeeks Relief From Section 91.121. Relieffrom Section 91.121, entitled Altimeter settings, may be required to allowflight operations ofthe DJI Phantom 2 and DJI Phantom 3 UASs, which utilize a barometric pressure sensor, GPS equipment, and a radio communications telemetry data link to downlink altitude information from the UAto the PIC at the ground control station (GCS). Sincethe FAA requires that any altitude information concerning UAS operations be reported to airtraffic control (ATC) in feet above ground level (AGL), DAJA VIEWAERIAL PHOTOGRAPHY may be set on the ground to zero feet AGL, ratherthan the local barometric pressure orfield altitude, before each flight. Considering the limited altitude ofthe proposed operations, relieffrom 14CFR 91 .121 is



### 11soughtto the extent necessary to complywith the applicable conditions and limitations stated below. As more fully setforth herein, an equivalent level ofsafety will 

### be maintained since the DJI Phantom 2 and DJI Phantom 3 UAs are equipped with a barometric pressure sensor and GPS equipment, which automatically ensures that a ground level pressure setting will be established priorto eachflight, and providesthe PIC with altitude information ofthe UA on the heads-up display ofthe GCS.

4. Extent Of Relief DAJA VIEW AERIAL PHOTOGRAPHY Seeks and the Reason DAJAVIEWAERIAL PHOTOGRAPHY Seeks Relieffrom Section 91.151(b).

Relieffrom Section 91.151(b) entitled Fuel requirements for flight in VFR conditions, is requested to the extent required to allow flights ofthe battery powered DJI Phantom 2 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 minutesto the first point of intended landing and, assuming normal cruising speed, tofly afterthat for at least 4.5 minutes. DAJA VIEWAERIAL PHOTOGRAPHY seeks the requested relief becausewithout an exemption from Section 91.151(b), the flight time duration ofthe battery powered DJI Phantom 2 and' DJI Phantom 3 UAswill severely constrain the practicality ofany aerial video orstill photo flight operationsthat DAJA VIEWAERIAL PHOTOGRAPHY proposesto conduct pursuantto this Petition. Significantly, as setforth below, the technical specifications ofthe DJI Phantom 2 and DJI Phantom 3 UASs, the DJI Phantom 2 and DJI Phantom 3 operating documents, and DAJA VIEWAERIAL PHOTOGRAPHY's proposed operating limitations, ensure that DAJAVIEW AERIAL PHOTOGRAPHYwill safely operate the battery powered DJI Phantom 2 and DJI Phantom 3 UAs during daylight hours in visual meteorological conditions (VMC), under visual flight rules (VFR), with enough battery powerto fly for a total duration of 14.5 minutes to the first point of intended landing and, assuming normal cruising speed, tofly afterthatfor at least4.5 minutes.

5. Extent Of Relief DAJA VIEWAERIAL PHOTOGRAPHY Seeks And The Reason DAJA VIEW AERIAL PHOTOGRAPHY Seeks Relief From Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), And 91.417(a) & (b).
Since Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b) only apply to aircraft with an airworthiness certificate, DAJA VIEW AERIAL PHOTOGRAPHY requests relief from these Sections because the DJI Phantom 2 and DJI Phantom 3 UASs do not require airworthiness certificates. As set forth more fully below, the DJI Phantom 2 and DJI



### 12Phantom 3 UASs meet the conditions of FMRA Section 333 for operation without an airworthiness certificate. Accordingly, DAJA VIEW AERIAL PHOTOGRAPHY will use trained technicians to perform maintenance, alterations, or preventive maintenance on the UASs using the methods, techniques, and practices prescribed in the UAS operating documents (i.e., the DAJA VIEW AERIAL PHOTOGRAPHY Aerial Operations Manual, Monthly Maintenance Log, and DJI Phantom 2 and DJI Phantom 3 Instruction Manual). Furthermore, DAJA VIEW AERIAL PHOTOGRAPHY will document and maintain all maintenance records forthe DJI Phantom 2 and OJI Phantom 3 UASs.

D. The Reasons Why Granting DAJAVIEWAERIAL PHOTOGRAPHY RequestWould Be In The Public Interest; That Is, How ItWould BenefitThe Public As A Whole. Granting the present Petition will furtherthe public interest by allowing DAJA VIEWAERIAL PHOTOGRAPHYto safely, efficiently, and economically perform aerial video and photography of real estate, people, and landscape over certain areas ofthe United States. Additionally, use ofthe OJI Phantom 2 and DJI Phantom 3 UASs will decrease congestion of the NAS, reduce pollution, and provide significant benefits tothe economy. Notably, the benefits of DAJAVIEWAERIAL PHOTOGRAPHY proposed operation ofthe DJI Phantom 2 and DJI Phantom 3 UASswill be realized without implicating any privacy issues.
1. The PublicWill Benefit From Decreased Congestion OfThe NAS. The DJI Phantom 2 and DJI Phantom 3 UAs are battery powered and serve as a safe, efficient, and economical alternative tothe manned aircraft traditionally utilized to obtain aerial imagery. By reducing the amount ofmanned aircraft needed to perform aerial acquisitions, an exemption allowing the use ofa DJI Phantom 2 or DJI Phantom 3 UAS would reduce the amount ofmanned aircraft in the NAS, reduce noise and air pollution, as well as increasethe safety of life and property in the air and on the ground. Furthermore, by reducing the number ofmanned aircraft operating in the NAS, congestion around airports caused by arriving and departing aircraftwill be reduced. The DJI Phantom 2 and DJI Phantom 3 UAs do not require an airport to takeoffor land. Likewise, a reduction of manned aircraft conducting aerial video and photography missions would result in fewer aircraft that must be handled by airtraffic control during the ground, takeoff, departure, arrival, and landing phases offlight operations.

2. The PublicWill Benefit From The SafetyAnd EfficiencyOfThe DJI Phantom 2 and DJI Phantom 3 UASs.



### 13Conducting aerial acquisitions with the DJI Phantom 2 and DJI Phantom 3 UASs, instead of manned aircraft, will greatly benefitthe public by drastically reducing the levels ofair and noise pollution generated during traditional aerial video and still photographyflight operations. By using battery powerand electric motors, the DJI Phantom 2 and DJI Phantom 3 UASs produce no air pollution, and is the most viable environmentally conscious alternative tothe cabin class, six cylinder internal combustion engine aircraft that are typically utilized for aerial video and photography, while burning approximately 20-30 gallons per hourofleaded aviation fuel. The DJI Phantom 2 and DJI Phantom 3 UAs, while reducing the carbon footprint ofaerial acquisitions, also eliminates noise pollution, asthe UAs are propelled by battery powered electric motors, ratherthan an internal combustion engine. By using the DJI Phantom 2 and DJI Phantom 3 UASs to perform aerial acquisitions, the substantial riskto life and property in the air and on the ground, which is usually associated with traditional manned aircraftflight operations, will be substantially reduced or completely eliminated. Aside from the lack offlight crew members located onboard the aircraft, the DJI Phantom 2 and DJI Phantom 3 UAs (weighing approximately 2 pounds 11 ounces and 6 pounds 7.5 ounces respectively, attheir maximum grossweights 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 aircraftthat typically conduct similar operations (weighing approximately 6,000 pounds with a wingspan ofapproximately42feet, a length of34 feet, and a fuel capacity of 180gallons).



### 3. Performing Aerial Video and Photography OperationsWith The OJI 

### Phantom 2 and OJI 

### Phantom 3 UASs Will BenefitThe Economy. In addition to being safe and efficient, the DJI Phantom 2 and DJI Phantom 3 UASs are also an economical alternative to using manned aircraft to conduct similar aerial operations. As such, operation ofthe DJI Phantom 2 and DJI Phantom 3 UASs will allow United States based companies, like DAJAVIEWAERIAL PHOTOGRAPHY, to remain competitive and contribute to growth ofthe U.S. economy. Specifically, with the rising cost ofaviation fuel and the Environmental Protection Agency ("EPA") regulatory actions phasing out leaded aviation fuels, U.S. owned and operated companies must adopt newand alternative technology in orderto remain competitive. Operating the battery powered DJI Phantom 2 and DJI Phantom 3 UASs is one such technology that not only allows companies greater operational flexibility compared to manned aircraft, but provides such flexibility withoutthe high operational cost ofa traditional manned aircraft. By operating the DJI Phantom 2 and DJI Phantom 3 UASs, companies such as DAJAVIEW AERIAL PHOTOGRAPHY, can remain competitive and profitable, and therefore, provide greaterjobstability to employees and contractors, which will ultimately contribute to growth of the U.S. economy. Improved financial performance of U.S. companies, through commercial


### 14use ofthe DJI Phantom 2 and OJI Phantom 3 UASs, provides a stable workforce that increases consumerspending; improves local, state, and federal tax revenues; and allows companies to invest in research and development in orderto remain competitive both in the United States and abroad.


### 4. There Are No Privacy Issues. Similarto the manned aerial acquisition flight operations that have been conducted for many years, DAJAVIEWAERIAL PHOTOGRAPHY's proposed operation ofthe DJI Phantom 2 and DJI Phantom 3 UASswill not implicate any privacy issues. Specifically, the DJI Phantom 2 and DJI Phantom 3 UASswill be operated only in compliance with operating documents (i.e., the DAJAVIEWAERIAL PHOTOGRAPHYAerial Operations Manual, Monthly Maintenance Log, and DJI Phantom 2 and DJI Phantom 3 Instruction Manual)which requires property owner involvementand permission to videotape/photograph aswell as local lawenforcement notification, and in accordance with the Federal Aviation Regulations, including the minimum altitude requirements of 14 C.F.R. 

### § 91.119.



### E. The ReasonsWhy GrantingThe Exemption Would NotAdversely AffectSafety, Or HowThe Exemption Would ProvideA Level OfSafety At Least Equal To That Provided ByThe Rule From Which DAJAVIEW AERIAL PHOTOGRAPHY Seeks Exemption. 1. Reasons Why The DJI Phantom 2 and DJI Phantom 3 UAs Meet The Conditions OfThe FAA Modernization and Reform Act of2012 (FMRA) Section 333. In consideration ofthe size, weight, speed, and limited operating area associated with the unmanned aircraft and its operation, DAJAVIEWAERIAL PHOTOGRAPHY's operation of the DJI Phantom 2 and DJI Phantom 3 UASs meetthe 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 authorityfor a UAS to operate without airworthiness certification and setsforth requirements for considering whether a UAS will create a hazard to users ofthe NAS orthe public, orotherwise pose a threat to national security. Specifically, FMRA Section 333 states thefollowing, in part: (a) In General.--Notwithstanding anyotherrequirement ofthis subtitle, andnot laterthan 180 days afterthe date ofenactmentofthis Act, the Secretaryof Transportation shalldetermine ifcertain unmannedaircraftsystems mayoperate safelyin the national airspace system before completion ofthe plan and rulemaking required bysection 332 ofthis Actorthe guidance requiredby section 334 ofthisAct. (b) AssessmentofUnmannedAircraftSystems.--ln making the determination under



### 15subsection (a), the Secretaryshalldetermine, at

### a minimum- (1) which types ofunmannedaircraftsystems, ifany, as 

### a result oftheir size, weight, speed, operationalcapability, proximityto airports and populatedareas, andoperation within visualline ofsightdo notcreate 

### a hazardto users ofthe nationalairspace system orthepublic orpose

### a threatto nationalsecun1y; and
(2} whether

### a certificate ofwaiver, certificate ofauthorization, or airworthiness certification undersection 44704 oftitle 49, United States Code, is requiredforthe operation ofunmannedaircraftsystems identified underparagraph (1).
(c) Requirements for Safe Operation.

### -Ifthe Secretarydetermines underthis section thatcertain unmannedaircraftsystems mayoperate safelyin the nationalairspace system, the Secretaryshall establish requirements forthe safe operation ofsuch aircraftsystems in the national airspace system.

In seeking this exemption, DAJAVIEWAERIAL PHOTOGRAPHY submitsthatthe DJI Phantom 2 and DJI Phantom 3 UASs can operate safely in the NAS pursuantto FMRA Section 333, as demonstrated by: (a) the characteristics ofthe DJI Phantom 2 and DJI Phantom 3 UASs; (b) the pilot certification requirement; and (c) the specific operating limitations.


### a. The Specifications OfThe DJI Phantom 2 and DJI Phantom 3 UASs Demonstrate Its Safe Characteristics.

The OJI Phantom 2 and DJI Phantom 3 UASs do not create a hazard to users ofthe NAS or the public, or otherwise pose a threatto national security considering its size, weight, speed, and operational capability.



### i. Technical Specifications OfThe DJI Phantom 2 and DJI Phantom 3 UASs.

Thetechnical specifications ofthe OJI Phantom 2 and OJI Phantom 3 UASs are set forth by the DJI Phantom 2 and DJI Phantom 3 User Manuals, attached hereto as Appendix A and 

### B.

16

### ii. The DJI Phantom 2and DJI Phantom 3 UASs Autonomous FlightAnd Navigation Modes Enable The UASs To Remain Within A Defined Operational Area.

The DJI Phantom 2 and DJI Phantom 3 UASs may be operated in both manual and fully autonomousflight modes. A complete description ofthe flight and navigational modes of the DJI Phantom 2 and DJI Phantom 3 UASs is provided at pages 25-35 ofthe DJI Phantom 2 and pages 12-16 and 45-50 ofthe DJI Phantom 3 User Manuals, attached hereto as Appendix A and B.



### iii. The DJI Phantom 2and DJI Phantom 3 UASs Are Designed ForAutomatic Return To Home PointOr Hover In The EventOf Loss OfThe Control LinkOr Navigation.
When the Control Link is lost, the DJI Phantom 2 and DJI Phantom 3 UAs will remain stationary, in flight, for 3 seconds or more. If, after 3 seconds, the DJI Phantom 2 and DJI Phantom 3 UAs do not reacquire control link data from the GCS, the UAswill assume that the Control Link is lost and the UAs will return to the home position (i.e., failsafe mode) via GPS, and will descend to thetakeoff position and shutdown. A complete description ofthe Failsafe Functions ofthe DJI Phantom 2 UAS are setforth at pages 27 through 29 and for the DJI Phantom 3 at pages 13 through 15 ofthe DJI Phantom 2 and DJI Phantom 3 User Manuals, attached hereto as AppendixA and B. 

### iv. The DJI Phantom 2and DJI Phantom 3 GCS And Its Operation.
A complete description ofthe operation and specifications ofthe DJI Phantom 2 and DJI Phantom 3 GCS and flight control software is provided at pages 32 through 43 ofthe DJI Phantom 2 User Manual and pages 40 through 47 ofthe DJI Phantom 3 User Manual. DJI Phantom 2 and DJI Phantom 3 User Manuals are attached hereto as Appendix A and B.


### b. FlightOperations OfDJI Phantom 2 and DJI Phantom 3 UASs Are Limited To The Line OfSightOfA Certificated Pilot in Command With A Safety Observer. A licensed private pilotwill be the only person to act as a pilot in command (PIC) ofthe DJI Phantom 2 and DJI Phantom 3 UASs. Additionally, a safety observerwill assist in flights.



### c. FlightsOfDJI Phantom 2and DJI Phantom 3 UASs Will Be Conducted PursuantTo Specific Operating Limitations. In seeking this exemption, DAJA VIEWAERIAL PHOTOGRAPHY proposes to commercially operate DJI Phantom 2 and DJI Phantom 3 UASs forthe special purpose of conducting aerial video and photography over certain areas of United States, pursuantto


### 17the following specific operating limitations: 1. Operations authorized by this grant ofexemption will be limited to thefollowing aircraft described in the operating documents, rotorcraft UASsweighing less than 55 pounds maximum grossweight: OJI Phantom 2 and DJI Phantom 3 Unmanned Aircraft Systems. Proposed operations of any otheraircraft will require a new petition ora petition to amend this grant.

2. UAS operations underthis exemption will be limited to conducting operations for the purpose ofaerial 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 ofsight (VLOS) ofthe PIC at all times. This requires the PIC to be able to use human vision unaided by any device otherthan corrective lenses, as specified on the PIC's FAA-issued airman medical certificate.

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

7. All operations must utilize a safety observer (SO). The SO may be used 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 ortexting is not permitted-during flight operations. The PIC must be designated before the flight and cannot transfer his or her designation forthe duration ofthe flight. The PIC must ensure that the SO can perform the functions prescribed in the operating documents.



### 188. The SO must not perform any otherduties beyond assisting the PIC with seeing and avoiding other airtraffic and other ground based obstacles/obstructions and is not permitted to operate the camera or other instruments.

9. The operating documents and the grant ofexemption must be accessible during UAS operations and made available to the Administrator upon request. Ifa 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 ofexemption take precedence and must be followed. Otherwise, the operator must follow the procedures as outlined in its operating documents. The operator may update or revise its operating documents. It is the operator's responsibility to track such revisions and present updated and revised documents to the Administrator upon request. The operator must also present updated and revised documents ifit petitions for extension or amendmentto the grant of exemption. Ifthe operator determines that any update or revision would affectthe basis upon which the FAA granted the exemption, then the operator must petition for amendmentto its grant ofexemption. The FAA's UAS Integration Office (AFS-80) may be contacted ifquestions arise regarding updates or revisions to the operating documents.

10. Priorto each flight the PIC must inspectthe UAS to ensure that it is in a condition for safe flight. Ifthe inspection reveals a condition that affects the safe operation ofthe 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 maintenance and alterations must be properly documented in the aircraft records.

11. Any UAS that has undergone**maint~nance** or alterations that affectthe UAS operation orflight characteristics, e.g. replacement ofa flight critical component, must undergo a functional test flight. The PIC who conducts the functional test flight must make an entry in the aircraft records.

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


### 19

### 13. The operator mustfollowthe UAS manufacturer's aircraft/component, maintenance, overhaul, replacement, inspection, and life limit requirements.

14. The operator must carry out its maintenance, inspections, and record keeping requirements, in accordance with the operating documents. Maintenance, inspection, alterations, and status of replacement/overhaul component parts must be noted in the aircraft records, including total time in service, description ofwork accomplished, and the signature ofthe authorized person returning the UASto 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 ofthe corrective action taken against discrepancies discovered between inspections.

17. The PIC must possess at least a private pilot certificate and at least a current third- class medical certificate.

18. The operator may not permit any PIC to operate unless the PIC meets the operator'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 persons, vessels, vehicles and structures. PIC qualification flight hours must be logged in a manner consistent with 14 C.F.R. § 61.51 (b). Flights forthe purposes oftraining 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 experiencebuilding flights, all persons not essential for flight operations are considered nonparticipants, and the PIC must operate the UA with appropriate distance from nonparticipants in accordance with 14 C.F.R. 

### § 91.119.



### 2019. UAS operations may not be conducted during night, as defined in 14 C.F.R. 

### § 1.1. All operations must be conducted undervisual meteorological conditions (VMC). Ifflight at night is required, a special request will be made at the FAA office closest to proposed area ofoperations. Flights underspecial 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 FAA-published aeronautical chart unless a letterof agreement with that airport's management is obtained, and the operation is conducted in accordance with a NOT AM as required by the operator's COA. The letter ofagreement with the airport management must be made available to the Administrator upon request.

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

22. Ifthe UA loses communications or loses its GPS signal, it must return to a pre- determined location within the planned operating area and land or

### be recovered in accordancewith the operating documents.

23. The PIC must abort the flight in the event of unpredicted obstacles 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 powerto fly at normal cruising speed to the intended landing point and land the UAwith 25% battery power remaining.
25. The operator must obtain an AirTraffic Organization (ATO) issued Certificate of Waiver orAuthorization (COA) priorto conducting any operations underthe grant of exemption. This COA will also require the operatorto request a Notice to Airman (NOTAM) not morethan 72 hours in advance, but not less than 48 hours priorto the operation. All operations shall beconducted in accordance with airspace requirements in the ATO issued COA including class ofairspace, altitude level and potential transponder requirements.



### 21

# r
I

26. All 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) markings in accordance with 14 C.F.R. part45, Subpart C. Markings must be as large as practicable.

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

28. The documents required fewerthan 14 C.F.R. 91.9 and 91.203 must be available to the PIC atthe Ground Control Station ofthe UAS any time the UAS is operating. These documents must be made available to the Administratoror any law enforcement official upon request.

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

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

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

a. Barriers orstructures are presentthat sufficiently protect nonparticipating persons from the UA and/ordebris in the event ofan accident. The operator must ensure that nonparticipating persons remain undersuch protection. Ifa situation arises where nonparticipating persons leave such protection and are within 500 feet ofthe UA, flight operations must cease immediately and/or;

b. The aircraft is operated nearvessels, vehicles orstructures where the owner/controller of such vessels, vehicles or structures has granted permission and the PIC has made a safety assessment ofthe risk of

22operating closerto those objects and determined that it does not present an undue hazard, and;

c. Operations nearerto the PIC, SO, operatortrainees oressential persons do not present an undue hazard to those persons per 

### § 91.119(a).

32. All operations shall be conducted over private orcontrolled-access property with permission from the land owner/controller orauthorized representative. Permission from land owner/controller orauthorized representative will 

### be obtained foreach flight to be conducted.

33. Any incident, accident, orflight operation thattransgresses the lateral orvertical boundaries ofthe operational area as defined by the applicable COA must be reported to the FAA's UAS Integration Office (AFS-80) within 24 hours. Accidents must be reported to the National Transportation Safety Board (NTSB) per instructions contained on the NTSB Web site: www.ntsb.gov.



### 2. Reasons Why An Exemption From The Requirements Of Section 61.113(a) And (b) Would NotAdverselyAffectSafety.

DAJAVIEWAERIAL PHOTOGRAPHY submits thatthe equivalent level ofsafety established by Section 61.113(a) and (b) will be maintained because no PIC will be allowed to operate the DJI Phantom 2 and DJI Phantom 3 UASs unless that PIC has demonstrated, by meeting minimum flight-hour and currency requirements, that the PIC is able to safely operate the DJI Phantom 2 or DJI Phantom 3 UAS in a mannerconsistentwith the exemption,including evasive and emergency maneuvers and maintaining appropriate distancesfrom people, vessels, vehicles and structures. Considering DAJAVIEWAERIAL PHOTOGRAPHY's proposed area ofoperations, and the operating limitations setforth-above; the parallel nature ofprivate pilot aeronautical knowledge requirements to those of commercial pilot requirements (See Exemption No. 11062); and the airmanship skills necessary to safely operate the DJI Phantom 2 or DJI Phantom 3 UAS, DAJAVIEWAERIAL PHOTOGRAPHY submits thatthe additional manned airmanship experience ofa commercially certificated pilot would not correlate to the airmanship skills necessary for DAJAVIEWAERIAL PHOTOGRAPHY's specific proposed



### 23flight operations. The FAA has previously granted relieffrom Section 61.113(a) and (b) specificto UAS, in circumstances similar, in all material respects, tothose 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).

DAJA VIEWAERIAL PHOTOGRAPHYwill not allow any PIC to operate the OJI Phantom 2 or DJI Phantom 3 UAS unless that PIC has demonstrated, by meeting minimum flight-hour requirements orthe DJI Phantom 2 or DJI Phantom 3 UAS training and currency requirements, thatthe PIC is able to safely operate the DJI Phantom 2 or DJI Phantom 3 UAS in a manner consistent with this exemption, including evasive and emergency maneuvers and maintaining appropriate distances from people, vessels, vehicles and structures. Specifically, the PIC must have accumulated and logged, in a mannerconsistent with 14 C.F.R 

### § 61.51(b), 25 hours oftotal time as a UAS rotorcraft pilot (with a minimum of5 hours ofthose hours as a UAS pilot operating the same make and model of UAS to be used for operations underthe exemption). In addition to the hour requirements, the PIC must accomplish 3 takeoffs and landings in the preceding 90 days (forcurrency purposes). As in Exemption Nos. 11062, 11138, and 11153, priordocumented flight experience that was obtained in compliance with applicable regulations will ensure an equivalent level of safety during DAJAVIEWAERIAL PHOTOGRAPHY's proposed operations. The Administrator has held that priordocumented flight experiencethatwas obtained in compliance with applicable regulationswould ensure safe operations, stating as follows: In Exemption No. 11062, the FAA required that priorto conducting operations forthe purpose of motion picture filming (or similar operations), the PIC must have accumulated and logged, in a manner consistent with 14 CFR 61.51 (b), 25 hours of total time as a UAS rotorcraft pilot including at least 10 hours logged as a UAS pilot with a multi-rotor UAS. Priorto operations under Exemption No. 11062, the PIC must also have accumulated and logged a minimum of5 hours as a UAS pilot operating the same make and model of UAS to be used foroperations underthe exemption. For clarification, the FAA considers these minimum hour requirementsto be inclusive ratherthan additive; i.e. 5 hours make and model time may be included in the 10 hours of multi-rotortime andthe 10 hours may be included in thetotal 25 hours of UAS rotorcraft time. In addition tothe hour requirements, the PIC must accomplish 3 takeoffs and landings in the preceding 90 days (for currency purposes). The FAA finds that at a minimum, the flight-hour requirements in Exemption No. 11062 are appropriate to practice and build proficiency in the skills necessary to safely conduct the petitioner's proposed operations. The FAA also finds that prior documented flight experience thatwas obtained in compliance with applicable regulations would satisfy



### 24this requirement. Training, proficiency, and experience-building flights can also be conducted underthe grant ofexemption to accomplish the required flighttime. During training, proficiency, and experience-building flights the PIC is required to operate the UAwith appropriate distances in accordancewith 14 C.F.R 91.119.

Exemption No. 11138 at page 15. Accordingly, DAJAVIEWAERIAL PHOTOGRAPHYwill ensure safe operations by not allowing any PIC to operate the DJI Phantom 2 or DJI Phantom 3 UAS unless that PIC has demonstrated, by meeting minimum flight-hour and currency requirements, thatthe PIC is able to safely operatethe DJI Phantom 2 orOJI 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. ReasonsWhy An Exemption From The Requirements OfSection 91.7(a) Would NotAdversely AffectSafety.

The equivalent level ofsafety established by Section 91.7(a) will be maintained because prior to everyflight, DAJAVIEWAERIAL PHOTOGRAPHYwill ensure that the DJI Phantom 2 or DJI Phantom 3 UAS is in an airworthy condition based upon the UAS's compliance with its operating documents and as stated in the conditions and limitations herein. Additionally, the FAA has previously granted relieffrom Section 91.7(a) specificto UAS, in circumstances similar, in all material respects, tothose 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 An Exemption From The Requirements OfSection 91.121 Would NotAdversely AffectSafety.

The equivalent level ofsafety established by Section 91.121 will be maintained becausethe altitude information ofthe DJI Phantom 2 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 UAto the GCS for active monitoring ofthe flight path and altitude. This altitude information, combined with DAJAVIEWAERIAL PHOTOGRAPHY's operation ofthe OJI Phantom 2 and OJI Phantom 3 UAs within visual line ofsight, at or below 500 feet AGL, will



### 25ensure a level ofsafety equivalent to Section 91.121. The altitude information will be generated by GPS equipment installed onboard the aircraft. Priorto each flight, a zero altitude initiation point is automatically established bythe UASs atground level. The FAA has previously granted relieffrom Section 91.121 specificto UAS, in circumstances similar, in all material respects, tothose presented herein (e.g. Exemption Nos. 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11112, 11136, 11138, 11150,11153,11156,11157,11158,11159, 11160, 11161).



### 5. ReasonsWhy An Exemption From The Requirements OfSection 91.151(b) Would NotAdversely Affect Safety.

A grant ofthis exemption would ensure an equivalent level ofsafety established by 14 C.F.R. Section 91.151(b) as a result of (1)thetechnical**specifi~ations** ofthe DJI Phantom 2 and DJI Phantom 3 UASs; (2) the limitations on the proposed flight operations; and (3) the location ofthe proposedflight operations. Accordingly, DAJA VIEWAERIAL PHOTOGRAPHYwill ensure that itwill safely operate the battery powered DJI Phantom 2 and DJI Phantom 3 UAs during daylight hours in VFR conditions, with enough battery power to flyfor a total duration of 14.5 minutes to the first point of intended landing and, assuming normal cruising speed, tofly afterthatforat least 4.5 minutes. Here, as in Exemption No. 11109, the technical specifications ofthe DJI Phantom 2 and DJI Phantom 3 UASs; the limitations on the proposed flight operations; and the location ofthe proposed operations, will ensure an equivalent level ofsafety established by 14 C.F.R. Section 91.151(b). Furthermore, safety will be ensured asthe DJI Phantom 2 and DJI Phantom 3 UASs provide audible.and visual warnings to the PIC at the GCS when the UAs experiences low battery voltage, thefirst warning occurring at approximately 33% remaining battery power, and again at approximately 10% remaining battery power. Atthe critically low battery level, the DJI Phantom Vision+ and DJI Phantom 3 UASs will descend and land automatically. Significantly, previous exemptions granted by the FAA concerning Section 91.151 establish that safety is not adversely affected when the technical characteristics and operating limitations of the UAS are considered. Relief has been granted for manned aircraft to operate at lessthan the minimums prescribed in Section 91.151, including Exemption Nos. 2689,5745, and 10650. Moreover, the FAA has previously granted relieffrom Section 91.151 specificto UAS, in circumstances similar, in all material respects, to those presented herein (e.g. Exemption Nos. 8811, 10808,10673, 11042,11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110, 11136, 11138, 11150, 11153, 11156, 11157, 11158, 11159, 11160, 11161). 

### 6. ReasonsWhy An Exemption From The Requirements 

### OfSections


### 2691.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), And 91.417(a) & (b) Would Not Adversely Affect Safety.

In seeking this exemption, DAJAVIEWAERIAL PHOTOGRAPHY 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 DAJAVIEWAERIAL PHOTOGRAPHY 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 DAJA VIEWAERIAL PHOTOGRAPHYAerial Operations Manual, Monthly Maintenance Log, and DJI Phantom 2 and DJI Phantom 31nstruction Manual). Furthermore, DAJAVIEWAERIAL PHOTOGRAPHY will document and maintain all maintenance records forthe OJI Phantom 2 and OJI Phantom 3 UASs. Since the DJI Phantom 2 and OJI Phantom 3 UASs will be inspected as prescribed by the operating documents, DAJAVIEWAERIAL PHOTOGRAPHYwill maintain the equivalent level ofsafety established by Sections 91.405(a), 91.409(a)(1}, and 91.409(a)(2). A copy of the OJI Phantom 2 and OJI Phantom 3 User Manuals are attached hereto as AppendixA and 

### B; a copy ofthe OJI Phantom 2 and OJI Phantom 3 UAS Maintenance LOG is attached hereto as Appendix C. Likewise, the exemption soughtwill not adversely affect safety because DAJAVIEWAERIAL PHOTOGRAPHYwill 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 would maintain an equivalent level ofsafety established by Sections 91.407, 91.417(a) and 91.417(b), because all maintenance ofthe DJI Phantom 2 and DJI Phantom 3 UASswill be performed by trained technicians. Maintenance will be documented and maintained utilizing the monthly maintenance log. Significantly, previous exemptions granted by the FAA concerning Sections 91.405(a), 91.407(a)(1), 91.409{a)(1) 

### &(a)(2}, and 91.417(a) 

### &(b) establish that safety is not adversely affected when the technical characteristics and operating limitations ofthe UAS are considered. In consideration ofDAJAVIEWAERIAL PHOTOGRAPHY's proposed operating limitations, the operating documents, and the technical aspects ofthe OJI Phantom 2 and OJI Phantom 3 UASs, DAJA VIEWAERIAL PHOTOGRAPHY submits that safety will not be adversely affected by granting exemption from 14 C.F.R. Sections 91.405(a), 91.407(a)(1) and (a)(2), 91.409(a)(2), and 91.417(a) and (b). The FAA has previously granted reliefspecificto UAS in circumstances similar, in all material respects, tothose presented herein (e.g. Exemption Nos. 11062, 11063,11064,11065,11066,11067,11080, 11109,11110,11112,11136,11138, 11150,



## 2711153, 11156, 11157, 11158, 11159, 11160, 11161).

7. The FAA May Prescribe Any OtherConditions For Safe Operation. In accordance with Section 333 ofthe FAA Modernization and Reform Act of2012 (FMRA) and 14 C.F.R. 

### § 21.16 entitled Special Conditions, DAJAVIEWAERIAL PHOTOGRAPHY requests that the FAA prescribe special conditions forthe intended operation ofthe DJI Phantom 2 and DJI Phantom 3 UASs, which contain such safety standards that the Administratorfinds necessary to establish a level ofsafety equivalentto that established by 14 C.F.R. Part 21, Subpart H, and 14 C.F.R 

### §§61.113(a) 

### &(b), 91.7 (a), 91.121, 91.151(b}, 91.405(a}, 91.407(a)(1}, 91.409(a)(1) 

### &(a)(2}, and 91.417(a) 

### &(b). Such special conditions will permit safe operation ofthe UAsforthe limited purpose ofconducting aerial video and photography over certain areas ofthe United Statesfor compensation or hire. FMRA Section 333 setsforth the requirementsforconsidering whethera UAS will create a hazard to users ofthe NAS or the public, orotherwise pose a threatto national security; and further, provides the authority for such UAS to operate without airworthiness certification in accordance with any requirements that must be established forthe safe operation ofthe UAS in the NAS. Likewise, the Administrator may prescribe special conditions pursuantto 14 C.F.R. 

### § 21.16, foroperation ofthe DJI Phantom 2 and DJI Phantom 3 UASs, sincethe airworthiness regulations of 14 C.F.R. Part 21 do not contain adequate or appropriate safety standards, duetothe novel or unusual design features ofthe aircraft. Section 21.16, entitled Special Conditions, states thefollowing: Ifthe FAAfinds thatthe airworthiness regulations ofthis subchapter do not contain adequate or appropriate safety standards for an aircraft, aircraft engine, or propeller because ofa novel or unusual designfeature ofthe aircraft, aircraft engine or propeller, he prescribes special conditions and amendments theretoforthe product. The special conditions are issued in accordance with Part 11 ofthis chapter and contain such safety standards forthe aircraft, aircraft engine orpropeller as the FAA finds necessaryto establish a level ofsafety equivalent tothat established in the regulations.

See 14 C.F.R. 

### § 21.16. Therefore, in accordancewith FMRA Section 333 and 14 C.F.R. 

### § 21.16, the FAA may prescribe special conditions for Leading Edge's intended operation ofthe DJI Phantom 2 and DJI Phantom 3 UASs, which contain such safety standardsthat the Administrator finds necessary to establish a level ofsafety equivalent tothat established by 14 C.F.R. Part 21, Subpart H, and 14C.F.R Sections 61.113(a) 

### &(b), 91.?(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) 

### &(a)(2), and 91.417(a) 

### &(b).



### 28• A Summary That Can Be Published In The Federal Register, stating: The Rules From Which DAJAVIEWAERIAL PHOTOGRAPHY Seeks Exemption:

DAJA VIEWAERIAL PHOTOGRAPHY 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), and91.417(a) 

### &(b).

A Brief Description OfThe Nature OfThe Exemption DAJAVIEW AERIAL PHOTOGRAPHYSeeks:

This exemption willpermit DAJA VIEWAERIAL PHOTOGRAPHY to commercially operate an UnmannedAircraft System (UAS) forthe purpose ofconducting aerial video andphotographyovercertain areas ofthe United States.

• Any Additional Information,Views, OrArguments Available To SupportOAJAVIEW AERIAL PHOTOGRAPHY's Request.

This Petition is made pursuant to the FAA Modernization and Reform Act of2012 (FMRA) Section 333, which directs the Secretary of Transportation to determine if certain UAS may operate safely in the NAS. As such, DAJA VIEW AERIAL PHOTOGRAPHY's request for exemption may be granted pursuant to the authority of FMRA Section 333 and 14 C.F.R. Part 11, as setforth above. FMRA Section 333 sets forth the requirements for considering whether a UAS will create a hazard to users ofthe NAS orthe public, orotherwise pose a threat to national security; and further, provides the authority for such UAS to operate without airworthiness certification. As discussed in detail above, DAJA VIEWAERIAL PHOTOGRAPHYwill operatethe DJI Phantom 2 and DJI Phantom 3 UASs safely in the NAS, without creating a hazard to users ofthe NAS, orthe public, orotherwise pose athreat to national security. CONCLUSION As setforth herein, DAJA VIEWAERIAL PHOTOGRAPHY seeks an exemption pursuant to



### 2914 C.F.R. 

### § 11.61 and Section 333 ofthe FAA Modernization and Reform Act of2012 (FMRA), which will permit safe operation ofthe DJI Phantom 2 and DJI Phantom 3 UASs commercially, without an airworthiness certificate, forthe limited purpose of conducting aerial video and photography over certain areas ofthe United States. Bygranting this Petition, the FAA Administrator will befulfilling the Congressional mandate ofthe FAA Modernization and Reform Act of2012, while also advancing the interests ofthe public, by allowing DAJA VIEW AERIAL PHOTOGRAPHYto safely, efficiently, and economically operate the DJI Phantom 2 and DJI Phantom 3 UASs commercially within the NAS. WHEREFORE, in accordancewith the Federal Aviation Regulations and the FAA Modernization and Reform Act of2012, Section 333, DAJAVIEWAERIAL PHOTOGRAPHY respectfully requests thatthe Administrator grantthis Petition for an exemption from the requirements of 14C.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 Leading Edge to operate the DJI Phantom 2 and DJI Phantom 3 UASs commerciallyforthe purpose ofconducting aerial video and photography overcertain areas ofthe United States.

David D. Moor DBA DAJAVIEWAERIAL PHOTOGRAPHY 15573 CR 260 Salida CO 81201 402-613-7711 mooreflyfish@gmail.com



### 30

### Appendices:

A- DJI Phantom 2 Manual: B- DJI Phantom 3 Specifications Data Sheet C

- Monthly Maintenance Log D- DJI Phantom Users Guide

APPENDIX-A DJI PHANTOM 2 VISION+ TECHNICAL SPECIFICATIONS



### DAJA VIEWAERIAL PHOTOGRAPHY 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 userto set parameters which will not allow flight into controlled airspace. Parameters can also be set to limit flight to no higherthan a predetermined and set altitude as well as limit flight to a predetermined and set distance. In addition, DJI software provides real-time altitude and location information to the PIC via the linked monitor (smart phone/tablet devices)

1.1 DJI Phantom 2Vision+

1.1.1 Aircraft 1.1.1.1 Supported Battery
- DJI 5200mAH LiPo Battery 1.1.1.2Weight (Battery 

### &Propellers Included}- 21bs 11.81Ooz (1242g} 1.1.1.3 HoverAccuracy (Ready to Fly)- Vertical: .8m; Horizontal: 2.5m 1.1.1.4 Max YawAngular Velocity- 2000/s 1.1.1.5 Max Tilt Angel
- 35C 1.1.1.6 Max Ascent Speed

- 6m/s 1.1.1.7 Max Descent Speed

- 2m/s 1.1.1.8 Max Flight Speed- 15m/s (NOT RECOMMENDED}

1.1.2 Gimbal 1.1.2.1 Working Current- Static: 750mA; Dynamic: 900mA 1.1.2.2 Control Accuracy- ±0.030 1.1.2.3 Controllable Range- Pitch: -900-00



### 31 I1.1.2.4 Maximum Angular Speed

- Pitch: 900/s 1.1.3 Camera 1.1.3.1 Operating Temperature Range- 320F- 1040F-{OOC

- 400C) 1.1.3.2 Sensor Size

- 1/2.3" 1.1.3.3 Effective Pixels- 14M 1.1.3.4 Resolution
- 4384x3288 4.1.3.5 HD Video Recording -1080p30 

### &720p 4.1.3.6 Recording Field ofView- 1100/850 1.1.4Transmitter 1.1.4.1 Operating Frequency- 5.728GHz- 5.85GHz 1.1.4.2 Communication Distance (unobstructed)

- FCC Compliance: 

### BOOm 1.1.4.3 Receiver Sensitivity (1%PER)

- -93d8m 1.1.4.4Transmitter Power- FCC Compliance: 1 OOmW 1.1.4.5Working Voltage- 120mA@3.7V

1.1.5 Range Extender 1.1.5.1 Operating Frequency- 2412-2462MHz 1.1.5.2Communication Distance (unobstructed)- 500-700m 1.1.5.3Transmitter Power- 20dBm 1.1.5.4 Power Consumption

- 2W

APPENDIX-8 DJI Phantom 3TECHNICAL SPECIFICATIONS
DAJA VIEW AERIAL PHOTOGRAPHY 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 higherthan a predetermined and set altitude as well as limit flight to a predetermined and set distance. In addition, DJI software provides real-time altitude and location information to the PIC via the linked monitor (smart phone/tablet devices)

2.2 DJI Inspire 1

2.2.1 Aircraft



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### +/-1m 2.2.1.1 Model
- Phantom 3 2.2.1.2 Weight (Battery Included) -1280 grams 2.2.1.3 Hovering Accuracy (GPS Mode)- Vertical:+/- 1Ocm; Horizontal: 2.2.1.4 MaxAngular Velocity -Yaw: 2000/s 2.2.1.5 Max TiltAngle
- 350 2.2.1.6 Max Ascent Speed

- 5m/s 2.2.1.7 Max Descent Speed- 3m/s 2.2.1.8 Max Speed

- 16m/s (ATTI mode, no wind
- NOT RECOMMENDED) 2.2.1.9 Max FlightAltitude- 6000m 2.2. 1.10 Max FlightTime
- Approximately 23 minutes 2.2.1.12 Motor Model- DJI3510 2.2.1.13 Propeller Model- DJI 1345 2.2.1.14 Operating Temperature Range
- 14DF to 104DF (-100C to 400C) 2.2.1.15 Dimensions -17 

### %" x 17 %" 

### x 12"

2.2.2 Gimbal 2.2.2.1 Model
- ZENMUSE X3 2.2.2.2 Output Power (with camera)- Static: 9W; In Motion: 11W 2.2.2.3 Operating Current- Static: 750mA; In Motion: 900mA 2.2.2.4AngularVibration Range- ±0.030 2.2.2.5 Mounting- Detachable 2.2.2.6 Controllable Range- Pitch: -900 to +300; Pan: ±3200 2.2.2.7 Mechanical Range- Pitch: -1250 to 450; Pan: ±3300 2.2.2.8 Max Controllable Speed- Pitch: 120lJ/s; Pan: 1800/s 2.2.3 Camera 2.2.3.1 Name- Sony EXMOR 2.2.3.2 Modei-12.4M Pixel 2.2.3.3Total Pixels- 12.4M 2.2.3.4 Effective Pixels -12.76M 2.2.3.5 Image Max Size- 4000x3000 2.2.3.61SO Range -100-3200 2.2.3.7 Field ofView- 94C 2.2.3.8 CMOS- Sony EXMOR 1/2.3"



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### , 2.2.3.9 HD Video Recording- UHD(4K): 4096x2160p24/25, 3840x2160p24/25/30; FHD: 1920x1080p24/25/30/48/50/60; HD: 1280x720p24/25/30/48/50/60 2.2.3.10 Operating Temperature Range- 32DF- 104DF (ODC- 40DC) 2.2.4 Transmitter 2.2.4.1 Name- C1 2.2.4.2 Operating Frequency- 5.728-5.850GHz; 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- 140Fto 104DF (-10JC to 40DC) 2.2.4.6 Battery- 600mAh LiPo 28



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