1 UNITED STATES OF AMERI CA DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION

WASHI NGTON, DC
Regulatory

Docket No. _______________

**IN THE MATTER OF THE PETITION FOR EXEMPTION OF:**

**USDRONECAM LLC 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 2 UNMANN**  **ED AIRCRAFT SYSTEMS**

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

**(PUBLIC LAW 112**

**- 95)** 

**s**

Submitted on October 26 , 2015

USDRONECAM LLC 231 HILL SI DE AVE FL 1 LEONIA, NJ 076052



### Table of Contents

**GLOSSARY	OF	ABBREVIA TIONS** 

**................................ ................................**  **................................ ..........**  **3**

**SUMMARY**

**................................ ................................**  **................................ ................................**  **................... 4** 

**INTRODUCTION	AND	INT ERESTS	OF	THE	PETITI**  **ONER**

**................................ ............................**  **4**

**BACKGROUND**

**................................ ................................**  **................................ ................................**  **........... 4** 

**BASIS	FOR	PETITION**

**................................ ................................**  **................................ ..............................**  **4**

A. N AME A ND A DDRESS O F T HE P ETITIONER

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

B. T HE S PECIFIC S ECTIONS O F 14 C.F.R. F ROM W HICH USDRONECAM LLC S EEKS E XEMPTION

. ...... 6

C. T HE E XTENT O F R ELIEF USDRONECAM LLC S EEKS A ND T HE R EASON USDRONECAM

............... 9 LLC S EEKS T HE R ELIEF

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

D. T HE R EASONS W HY G RANTING USDRONECAM LLC’ S R EQUEST W OULD B E I N T HE

..................... 11 P UBLIC I NTEREST ; T HAT I S , H OW I T W OULD B ENEFIT T HE P UBLIC A S A W HOLE

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

E. T HE R EASONS W HY G RANTI NG T HE E XEMPTION W OULD N OT A DVERSELY A FFECT S AFETY, O R H OW T HE E XEMPTION W OULD P ROVIDE A L EVEL O F S AFETY A T L EAST E QUAL T O T HAT P ROVIDED B Y T HE R ULE F ROM W HICH USDRONECAM LLC S EEKS E XEMPTION

. ................................ ................... 13 F. A S UMMARY T HAT C AN B E P UBLISHED I N T HE F EDERAL R EGISTER, STATING : T HE R ULES

............. 23

F ROM W HICH USDRONECAM LLC S EEKS E XEMPTION :

................................ ................................ ............ 23 G. A NY A DDITIONAL I NFORMATION , V IEWS , O R A RGUMENTS AVAILABLE T O S UPPORT

........................ 23 USDRONECAM LLC’ S R EQUEST

. ................................ ................................ ................................ ..................... 23
**CONCLUSION**

**................................ ................................**  **................................ ................................**  **........... 24** 

**APPENDIX**

**– A** 

**................................ ................................**  **................................ ................................**  **......... 25** 3 

## GLOSSARY OF ABBREVIATIONS

AGL Above Ground Level

AOI Area of Interest

ATC Air Traffic Control

ATO Air Traffic Organization

AV Aerial Vehicle

CFR Code of Federal Regulations

COA Certificate of Authorization

FAA Federal Aviation Administration

FAR Federal Aviation Regulation

GCS Ground Control Station

GPS Global Positioning System

LOL Loss of Link

NAS National Airspace System

NOTAM Notice to Airman

PI C Pilot In Command

Section 333 FAA Modernization and Reform Act of 2012 (FMRA) Section 333

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 Vertical Takeoff and Landing4 

## SUMMARY USDRONECAM LLC 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 Sy stem pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (FMRA). This exemption will permit USDRONECAM LLC to operate an Unmanned Aircraft S ys tem (UAS) for the commercial purpose of conducting aerial video and photograph y of construction sites, real estate, and landscape over certain areas of the United States.



## INTRODUCTION AND INTERESTS OF **THE PETITIONER** USDRONECAM LLC creates local jobs generates economic activity through various technological offerings. USDRONECAM LLC has been 2 ye ars of professional experience in videography , and multimedia promotion. They have experience with recreational drone use, and has flown UA for 3 ye ars. The goal with USDRONECAM LLC’s services will be to provide aerial video and photograph y f or businesses to use as marketing collateral. This could include whitewater rafting, zip lines, real estate and nature photograph y. These industries include: • Real estate and private property aerial photography • Increase public knowledge of UAS and promo te safe UAS operations.



## BACKGROUND

Unmanned Aircraft Sy stems: DJI PHANTOM 2

USDRONECAM LLC seeks an exemption to operate DJ I sy stems for compensation or hire within the NAS. The DJ I PHANTOM 2 is a vertical takeoff and landing (VTOL) Unmanned Aircraft (UA) with a Ground Control Station (GCS) utilizing electronic tablet or smart phone sy stems. The DJ I PHANTOM 2 has a maximum gross weight of approximately 2 .81 pounds, while having a length of 1 6 inches width of 1 6 inches, height of 8 inches, and a maximum speed of approximately 29 knots. The DJ I P HANTOM 2 is equipped with four main rotors; driven by L ithium Poly

mer battery powered electric motors. The DJ I PHANTOM 2 UAS that will be operated by USDRONECAM LLC will be registered in accordance 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 Registration Marking

.



## BASIS FOR PETITION Petitioner, USDRONECAM LLC, pursuant to the provisions of the Federal5

Aviation Regulations (14 C.F.R. § 11.61) and the FAA Modernization and Reform Act of 2012 (FMRA), Section 333, Special Rules for Certain Unmanned Aircraft Systems
, hereb y petitions the Administrator to commercially operate the DJ I PHANTOM 2 UAS in the National Airspace Sy stem (NAS), and for an exemption fro m the requirements of 14 C.F.R §§ 61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b). In consideration of the speed, weight, size, and limited operating area associated with the unmanned aircraft and its operation, USDRONECAM LLC’s operation of DJ I PHANTOM 2 UAS meets the conditions of FMRA Section 333 and therefore, will not require an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H. Accordingl y, USDRONECAM LLC requests relief from Sections 91.405(a), 91.407(a)(1), 91.409 (a)(1) & (a)(2), and 91.417(a) & (b), as these sections set forth requirements for maintenance that onl y appl y to aircraft with an airworthiness certificate. USDRONECAM LLC submits that the requested relief is proper since an equivalent level of safet y will be ensured. USDRONECAM LLC will use experienced personnel or technicians to perform maintenance, alterations, or preventive maintenance on the UASs using the methods, techniques, and practices prescribed in the operating documents ( i.e., Monthly Maintenance Lo g, and DJI PHANTOM 2 Instruction Manual). Furthermore, USDRONECAM LLC will document and maintain all maintenance records for the DJ I PHANTOM 2 UAS. Relief from certain requirements of Section 61.113(a) and (b), entitled Private pilot privileges and limitations: Pilot in command, is requested b y USDRONECAM LLC to the extent necessary

to allow a Pilot in Command (PI C) holding a private pilot or higher level certificate, as well as an airman medical certificate, and who has d emonstrated, b y meeting minimum flight

- hour and currency requirements, that the PI C is able to safel y operate the DJ I PHANTOM 2 UAS in a manner consistent with this exemption, including evasive and emergency maneuvers and maintaining appropriate distances from people, vessels, vehicles and structures. USDRONECAM LLC seeks relief from Section 91.7(a), entitled Civil aircraft airworthiness , because the DJ I PHANTOM 2 UAS does not require an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H. As such, USDRONECAM LLC submits that he will ensure that the DJ I PHANTOM 2 UAS is in an airworthy

co ndition, prior to every flight, b y determining that the UAS is in compliance with the operating documents (i.e., Monthly Maintenance Log, and DJ I PHANTOM 2 In struction Manual), and that the aircraft is in a condition for safe flight. USDRONECAM LLC also seeks an exemption from the requirements of Section 91.121, entitled Altimeter Settings , as the DJ I PHANTOM 2 UA will not have a t ypical barometric altimeter onboard. However, altitude information of the DJ I PHANTOM 2 UA will be provided to the PI C via Global Positioning Sy stem (GPS) equipment and radio communications telemetry data link, which downlinks from the UA to the GCS for active monitoring of the flight path. This altitude information, combined with USDRONECAM LLC’s operation of the DJ I PHANTOM 2 UAS within visual line of sight, at or below 400 feet AGL , will ensure a level of safet y equivalent to Section 91.121. Additionally
, USDRONECAM LLC seeks an exemption from the requirements of Section 91.151(b), entitled Fuel requirements for flight in VFR conditions

.6

USDRONECAM LLC submits that safety will not be affected by

operation of the DJ I PHANTOM 2 UA during daylight h ours in visual meteorological conditions (VMC) under visual flight rules (VFR), with enough battery power to fl y for a total duration of approximately

1 4 .5 minutes to the first point of intended landing and, assuming normal cruising speed, to fl y after th at for at least 4.5 minutes. In accordance with 14 C.F.R. § 11.81, USDRONECAM LLC provides the following information in support of its petition for exemption:



### A. Name And Address Of The Petitioner. The name and address of the Petitioner and point of contact is: USDRONECAM LLC 231 HILL SI DE AVE FL 1 LEONIA, NJ 07605



### B. The Specific Sections Of 14 C.F.R. From Which **USDRONECAM LLC Seeks**  **Exemption.**

**1. USDRONECAM**  **LLC Seeks Exemption From The Requirements Of Section 61.113(a) And (b).**  Section 61.113, entitled Private pilot privileges and limitations: Pilot in command
, subsections (a) and (b) prescribe the following, in relevant part:
(a) No person who holds a private pilot certificate may act as a pilot in command (PI C) of an aircraft that is carrying passengers or propert y for compensation or hire; nor may

that person, for compensation or hire, act as PIC of an aircraft.
(b) A private pilot may , for compens ation or hire, act as PIC of an aircraft in connection with an y business or emplo ym ent if

— (1) The flight is only

incidental to that business or employ ment; and (2) The aircraft does not carry passengers or property

for compensation or hire.

**2. USDRONECAM**  **LLC Seeks Exemption From The Requirements Of Section**  **91.7(a).** Section 91.7, entitled Civil aircraft airworthiness , subsection (a), states the following: (a) No person may

operate a civil aircraft unless it is in an airworth y condition.

**3. USDRONECAM**  **LLC Seeks Exemption From The Req**  **uirements 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 or flight level of that aircraft, as the case may be, b y reference to an altimeter that is set, when operating

--7 (1) Below 18,000 feet MSL , to

-- (i) The current reported altimeter setting of a station along the route and w ithin 100 nautical miles of the aircraft; (ii) If there is no station within the area prescribed in paragraph (a)(1)(i) of this section, the current reported altimeter setting of an appropriate available station; or (iii) In the case of an aircraft not equ ipped with a radio, the elevation of the departure airport or an appropriate altimeter setting available before departure.

**4. USDRONECAM**  **LLC Seeks Exemption From The Requirements Of Section**  **91.151(b).** Section 91.151, entitled Fuel requirements for flight in VFR conditions
, subsection (b), states the following: (b ) No person may begin a flight in a rotorcraft under VFR conditions unless (considering wind and forecast weather conditions) there is enough fuel to fly to the first point of intended landing and, assuming normal cruising speed, to fly after that for at least 20 minutes.

**5. USDRONECAM**  **LLC Seeks Exemption From The Requirement Of Section 91.405(a).**  Section 91.405, entitled Maintenanc e required, subsection (a), states the following: Each owner or operator of an aircraft

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

**6. USDRONECAM**  **LLC Seeks Exemption From The Requirements Of Section**  **91.407(a)(1)** Section 91.407, entitled Operation after maintenance, preventive maintenance, rebuilding, or alteration , subsection (a)(1), states the following: (a) No person may

operate any

aircraft that has undergone maintenance, preventive maintenance, rebuilding, or alteration unless

-- (1) It has been approved for return to service b y a person authorized under § 43.7 of this chapter[.]

**7. USDRONECAM**  **LLC Seeks Exemption From The Requirements Of Sections 91.409(a)(1) And 91.409(a)(2).**  Section 91.409, entitled Inspections , subsection (a), states the following: (a) Except as provided in paragraph (c) of this section, no person may operate an aircraft unless, within the preceding 12 calendar months, it has had

-- (1) An annual inspection in accordance with part 43 of this chapter and has been approved for return to service b y a person a uthorized by

§ 43.7 of this chapter; or8 (2) An inspection for the issuance of an airworthiness certificate in accordance with part 21 of this chapter.

**8. USDRONECAM**  **LLC 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 the following: (a) Except for work performed in accordance with §§ 91.411 and 91.413, each registered owner or operator shall keep the following records for the periods specified in paragraph (b) of this section: (1) Records of the maintenance, preventive maintenance, and alteration and records of the 100

- hour, annual, progressive, and other required or approved inspections, as appropriate, for each aircraft (including the airframe ) and each 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 of the work performed; and (iii) T he signature, and certificate number of the person approving the aircraft for return to service. (2) Records containing the following information: (i) The total time in service of the airframe, each engine, each propeller, and each rotor. (ii) The current status of life

- limited parts of each airframe, engine, propeller, rotor, and appliance. (iii) The time since last overhaul of all items installed on the aircraft which are required to be overhauled on a specified time basis. (iv) The current inspection status of the aircraft, including the time since the last inspection required b y the inspection program under which the aircraft and its appliances are maintained. (v) The current status of applicable airworthiness directives (AD) and safet y directives includ ing, for each, the method of compliance, the AD or safety directive number and revision date. If the AD or safety

directive involves recurring action, the time and date when the next action is required. (vi) Copies of the forms prescribed b y § 43.9(d) of this chapter for each major alteration to the airframe and currently installed engines, rotors, propellers, and appliances. (b) The owner or operator shall retain the following records for the periods prescribed: (1 ) The records specified in paragraph (a)(1) of this section shall be retained until the work is repeated or superseded by other work or for 1 ye ar after the work is performed. (2) The records specified in paragraph (a)(2) of this section shall be retained and transferred with the aircraft at the time the aircraft is sold.9 (3) A list of defects furnished to a registered owner or operator under § 43.11 of this chapter shall be retained until the defects are repaired and the aircraft is approved for return to service.



### C. The Extent Of Relief **USDRONECAM LLC Seeks And The Reason**  **USDRONECAM**

**LLC Seeks The Relief.**

**1. Extent Of Relief USDRONECAM**  **LLC Seeks And The Reason USDRONECAM**  **LLC Seeks Relief From Section 61.113(a) And (b).** Relief from Section 61.113(a) and (b) entitled Private pilot privileges and limitations: Pilot in command, is requested to the extent necessary to allow a PI C holding

a private pilot or higher level certifi cate, as well as a current and valid airman medical 12 certificates, and who has met certain flight

- hour and currency requirements, to conduct the proposed UAS flight operations for compensation or hire. This relief is requested since the limitations set f orth in Section 61.113(a) and (b) state that a private pilot may , for compensation or hire, act as PI C of an aircraft in connection with an y business or emplo ym ent if: (1) The flight is only incidental to that business or employ

ment; and (2) The aircraft d oes not carry passengers or propert y for compensation or hire. As set forth more full y below, USDRONECAM LLC submits that an equivalent level of safet y will be maintained because no PIC will be allowed to operate the DJ I PHANTOM 2 UAS unless that PI C has met certain flight

- hour and currency requirements, demonstrating that the PIC is able to safel y operate the DJ I PHANTOM 2 UAS in a manner consistent with the operations specifications as described in this exemption, includi ng evasive and emergency maneuvers, as well as maintaining appropriate distances from people, vessels, vehicles and structures. Further, USDRONECAM LLC submits that all flights of the DJ I PHANTOM 2 UAS, conducted b y the PIC pursuant to the grant of this Petition: (1) will be incidental to USDRONECAM LLC’s business; and (2) will not carry passengers or property for compensation or hire.

**2. Extent Of Relief USDRONECAM**  **LLC Seeks And The Reason USDRONECAM**  **LLC Seeks Relief From Section 91.7(a).** Relief from Section 91.7(a) entitled Civil aircraft airworthiness , is requested to the extent required to allow USDRONECAM LLC to determine that the DJI PHANTOM 2 UAS is in airworthy

condition pri or to every

flight by ensuring that the UAS is in compliance with the operating documents (i.e., Monthly Maintenance Log, and DJ I PHANTOM 2 Instruction Manual). USDRONECAM LLC seeks the requested relief because the DJ I PHANTOM 2 UAS does not require an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H. Therefore, USDRONECAM LLC will ensure that the DJ I PHANTOM 2 UAS is in airworth y condition based upon its compliance with the operatin g documents (i.e., Monthly Maintenance Log, and DJ I PHANTOM 2 In struction Manual) prior to every flight, and further, determine that the aircraft is in condition for safe flight, as stated in10

the conditions and limitations below.

**3. Extent Of Re lief**  **USDRONECAM LLC Seeks And The Reason**  **USDRONECAM LLC Seeks Relief From Section 91.121.**  Relief from Section 91.121, entitled Altimeter settings, may be required to allow flight operations of the DJI PHANTOM 2 UAS, which utilize a barometric pressure sensor, GPS equipment, and a radio communications telemetry data link to downlink altitude information from the UA to the PI C at the ground control station (GCS). Since the FAA requires that any altitude informatio n concerning UAS operations be reported to air traffic control (ATC) in feet above ground level (AGL), USDRONECAM LLC seeks the requested relief because the DJ I PHANTOM 2 UA altimeter may be set on the ground to zero feet AGL, rather th an the local barometric pressure or field altitude, before each flight. Considering the limited altitude of the proposed operations, relief from 14 CFR 91.121 is sought to the extent necessary to comply

with the applicable conditions and limitations stated below. As more full y set forth herein, an equivalent level of safety will be maintained since the DJI PHANTOM 2 UA is equipped with a barometric pressure sensor and GPS equipment, which automatically ensures that a ground level pressure setting w ill be established prior to each flight, and provides the PI C with altitude information of the UA on the heads

- up display of the GCS.

**4. Extent Of Relief USDRONECAM**  **LLC Seeks And The Reason USDRONECAM**  **LLC Seeks Relief From Section 91.151(b).**  Relief from Section 91.151(b) entitled Fuel requirements for flight in VFR conditions, is requested to the extent required to allow flights of the battery powered DJ I PHANTOM 2 UA during daylight hours in visual meteorological conditions (VMC), under visual flight rules (VFR), for a total duration of 13.5 minutes to the first point of intended landing and, assuming normal cruising speed, to fl y after that for at least 4.5 minutes. USDRONECAM L LC seeks the requested relief because without an exemption from Section 91.151(b), the flight time duration of the battery powered DJ I PHANTOM 2 UA will severel y constrain the practicality of any aerial video or still photo flight operations that USDRONECAM LLC proposes to conduct pursuant to this Petition. Significantl y, as set forth below, the technical specifications of the DJ I PHANTOM 2 UAS, the DJI PHANTOM 2 operating documents, and USDRONECAM LLC’s pro posed operating limitations, ensure that USDRONECAM LLC will safely operate the battery

powered DJ I PHANTOM 2 UA during daylight hours in visual meteorological conditions (VMC), under visual flight rules (VFR), with enough battery power to fl y for a total duration of 13.5 minutes to the first point of intended landing and, assuming normal cruising speed, to fl y after that for at least 4.5 minutes.

**5. Extent Of Relief USDRONECAM**  **LLC Seeks And The Reason Dragonfly Live LLC**  **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 appl y to aircraft with an airworthiness certificate, USDRONECAM LLC requests relief from these Sections because the DJ I PHANTOM 2 UAS does not require11

airworthiness certificates. As set forth more full y below, the DJ I PHANTOM 2 UAS meets the conditions of FMRA Section 333 for operation without an airworthiness certificate. Accordingl y, USDRONECAM LLC will use trained technicians to perform maintenance, alterations, or preventive maintenance on the UASs using the methods, techniques, and practices prescribed in the UAS operati ng documents (i.e., Monthly Maintenance Lo g, and DJI PHANTOM 2 ). Furthermore, USDRONECAM LLC will document and maintain all maintenance records for the DJ I PHANTOM 2 UAS.



### D. The Reasons Why Granting **USDRONECAM LLC’s Request Would Be In The** 
**Public Interest; That Is, How It Would Benefit The Public As A Whole.**

Granting the present Petition will further the public interest b y allowing USDRONECAM LLC to safel y, efficientl y, and economically perform aeri al video and photograph y of construction sites, real estate, and landscape over certain areas of the United States. Additionally , use of the DJI PHANTOM 2 UAS will decrease congestion of the NAS, reduce pollution, and provide significant benefits to the econom y. Notabl y, the benefits of USDRONECAM LLC ’s proposed operation of the DJ I PHANTOM 2 UAS will be realized without implicating an y privacy issues.

**1. The Public Will Benefit From Decreased Congestion Of The NAS.** The DJ I PHANTOM 2 UA is battery powered and serves as a safe, efficient, and economical alternative to the manned aircraft traditionally utilized to obtain aerial i magery . By

reducing the amount of manned aircraft needed to perform aerial acquisitions, an exemption allowing the use of a DJI PHANTOM 2 UAS would reduce the amount of manned aircraft in the NAS, reduce noise and air pollution, as well as increas e the safet y of life and propert y in the air and on the ground. Furthermore, b y reducing the number of manned aircraft operating in the NAS, congestion around airports caused b y arriving and departing aircraft will be reduced. The DJI PHANTOM 2 UAS does not require an airport to takeoff or land. L ikewise, a reduction of manned aircraft conducting aerial video and photograph y missions would result in fewer aircraft that must be handled b y air traffic control during the ground, takeoff, departure, arrival, and landing phases of flight operations.

**2. The Public Will Benefit From The Safety And Efficiency Of The DJI PHANTOM**  **2 UAS.**  Conducting aerial acquisitions with the DJI PHANTOM 2 UAS, instead of manned aircraft, will greatl y be nefit the public by drastically

reducing the levels of air and noise pollution generated during traditional aerial video and still photography flight operations. By using battery

power and electric motors, the DJI PHANTOM 2 UAS produces no air pollution, and is the most viable environmentall y conscious alternative to the cabin class, six cylinder internal combustion engine aircraft that are t ypically utilized for aerial video and photograph y, while burning approximately 20

- 3 0 gallons per hour of leaded aviation fuel. The DJ I PHANTOM 2 UA, while reducing the carbon footprint of aerial acquisitions, also eliminates noise pollution, as the UAs are propelled b y battery powered12

electric motors, rather than an internal combustion engine. By using the DJ I PHANTOM 2 UAS to perform aerial acquisitions, the substantial risk to life and propert y in the air and on the ground, which is usually associated with traditional manned aircraft flight operations, will be substantially reduced or completel y eliminated. Aside from the lack of flight crew members located onboard the aircraft, the DJ I PHANTOM 2 UA (weighing approximately 2 pounds 11 ounces, at its maximum gross weight with a length of 16 inches, widths of 16 inches, and with no fuel on board), has less phy si cal potential for collateral damage to life and property on the ground, and in the air, compared to the manned aircraft that typicall y conduct similar operations (weighing approximately 6,000 pounds with a wingspan of approximately 42 feet, a length of 34 feet, and a fuel capacit y of 180 gallons).

**3. Performing Aerial Video and Photography Operations With The DJI PHANTOM 2**  **UAS Will Benefit The Economy.** In addition to being safe and efficient, the DJ I PHANTOM 2 UAS is also an economical alternative to using manned aircraft to conduct similar aerial operations. As such, operation of the DJI PHANTOM 2 UAS will allow United States based companies, like USDRONECAM LLC’s, to remain competitive and contribute to growth of the U.S.

econom y. Specifically, with the rising cost of aviation fuel and the Environmental Protection Agency

(“EPA”) regulatory

actions phasing out leaded aviation fuels, U.S. owned and operated companies must adopt new and altern ative technology in order to remain competitive. Operating the battery powered DJI PHANTOM 2 UASs is one such technology

that not only

allows companies greater operational flexibility compared to manned aircraft, but provides such flexibility with out the high operational cost of a traditional manned aircraft. By operating the DJ I PHANTOM 2 UAS, companies such as USDRONECAM LLC’s, can remain competitive and profitable, and therefore, provide greater job stability to employees and contractors, which will ultimately contribute to growth of the U.S.

econom y. Improved financial performance of U.S. companies, through commercial u se of the DJ I PHANTOM 2 UAS, provides a stable workforce that increases consumer spending; improves local, state, and federal tax revenues; and allows companies to invest in research and development in order to remain competitive both in the Unite d States and abroad.

**4. There Are No Privacy Issues.** Similar to the manned aerial acquisition flight operations that have been conducted for decades, USDRONECAM LLC’s proposed operation of the DJI PHANTOM 2 UAS will not implicate any p rivacy issues. Specificall y, the DJI PHANTOM 2 UAS will be operated only in compliance with operating documents (i.e., Monthly Maintenance Log, and DJ I PHANTOM 2 ) which requires propert y owner involvement as well as local law enforcement notification, and in accordance with the Federal Aviation Regulations, including the minimum altitude requirements of 14 C.F.R. § 91.119.13



### E. The Reasons Why Granting The Exemption Would Not Adversely Affect **Safety, Or How The Exemption Would Provide A Lev el Of Safety At Least Equal**  **To That Provided By The Rule From Which USDRONECAM**  **LLC Seeks Exemption.**

**1. Reasons Why The DJI PHANTOM 2**  **UA Meets The Conditions Of The FAA Modernization and Reform Act of 2012 (FMRA) Section 333.** 
In consideration of the size, weight, speed, and limited operating area associated with the unmanned aircraft and its operation, USDRONECAM LLC’s operation of the DJI PHANTOM 2 UAS meets the conditions of FMRA Section 333, and will not require an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H. Section 333 provides authority for a UAS to operate without airworthiness certification and sets forth requirements for considering whether a UAS will create a hazard to users of the NAS or the public, or otherwise pose a threat to national security. Specificall y, FMRA Section 333 states the following, in part:
(a ) In General.

--Notwithstanding any other requirement of this subtitle, and not later than 180 days after the date of enactment of this Act, the Secretary of Transportation shall determine if certain unmanned aircraft systems may operate safely in the national airspace system before completion of the plan and rulemaking required by section 332 of this Act or the guidance required by section 334 of this Act.
(b ) Assessment of Unmanned Aircraft Systems.

--In making the determination under subsection (a), the Secretary shall determine, at a minimum

-- (1 ) which types of unmanned aircraft systems, if any, as a result of their size, weight, speed, operational capability, proximity to 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 (2 ) whether a certificate of waiver, certificate of authorization, or airworthiness certification under section 44704 of title 49, United States Code, is required for the operation of unmanned aircraft systems identified under paragraph (1).
(c) Requi rements for Safe Operation.

--If the Secretary determines under this section that certain unmanned aircraft systems may operate safely in the national airspace system, the Secretary shall establish requirements for the safe operation of such aircraft syste ms in the national airspace system. In seeking this exemption, USDRONECAM LLC submits that the DJ I PHANTOM 2 UAS can operate safel y in the NAS pursuant to FMRA Section 333, as demonstrated b y: (a) the characteristics of the DJ I PHANTOM 2 UAS; (b) the pilot certification requirement; and (c) the specific operating limitations.

**a. The Specifications Of The DJI PHANTOM 2**  **UAS Demonstrate Its Safe**14 **Characteristics.** The DJ I PHANTOM 2 UAS does not create a hazard to u sers of the NAS or the public, or otherwise pose a threat to national security considering its size, weight, speed, and operational capability

. **i. Technical Specifications Of The DJI PHANTOM**  **2 UAS.**  The technical specifications of the DJ I PHANTOM 2 UAS is set forth by the DJI PHANTOM 2 Specifications and Data Sheet, attached hereto as Exhibit A.

**ii. The DJI PHANTOM 2**  **UAS Autonomous Flight And Navigation Modes Enable The UASs To Remain Within A Defined Operational Area.**  The DJ I PHANTOM 2 UAS may be operated in both manual and fully autonomous flight modes. A complete description of the flight and navigational modes of the DJ I PHANTOM 2 UAS is provided at pages 2 1

- 28 of the DJ I PHANTOM 2 and pages 29

- 32 User Manual, attached hereto as Exhibit B .

**iii. The DJI PHANTOM 2**  **UAS is Designed For Automatic Return To Home Point Or Hover In The Event Of Loss Of The Control Link Or**  **Navigation.** When the Control L ink is lost, the DJI PHANTOM 2 UA will remain stationary
, in flight, for 3 seconds or more. If, after 3 seconds, the DJ I PHANTOM 2 UA does not reacquire control link data from the GCS, the UAs will assume that the Control L ink is lost and the UAs will return to the home position (i.e., failsafe mode) via GPS, and will descend to the takeoff position and shutdown. A complete description of the Failsafe Functions of the DJ I PHANTOM 2 UAS are set forth at pages 2 3 of the DJ I PHANTOM 2 User Manual, attached hereto as Exhibit B. **iv. The DJI PHANTOM 2**  **GCS And Its Operation.** A complete description of the operation and specifications of the DJ I PHANTOM 2 GCS and flight control software is provided at pages 5 through 10 of the DJI PHANTOM 2 User Manual. DJ I PHANTOM 2 User Manual is attached hereto as Exhibits B.

**b. Flight Operations Of DJI PHANTOM 2**  **UAS is Limited To The Line Of Sight**  **Of A Certificated Pilot in Command With A Safety Observer.**  USDRONECAM LLC will only utilize certificated pilots who possess a current and valid airman medical certificate to act as a pilot in command (PI C) of the DJ I PHANTOM 2 UAS. Additionally , a safet y observer will assist all pilot s during flight time.

**c. Flights Of DJI PHANTOM 2**  **UAS Will Be Conducted Pursuant To S**  **pecific Operating Limitations.**  In seeking this exemption, USDRONECAM LLC proposes to commercially operate15 DJI PHANTOM 2 UAS for the special purpose of conducting aerial video and photograph y over certain areas of United States, pursuant to the following specific operating limitations:
1. Operations authorized by this grant of exemption will be limited to the following air craft described in the operating documents, rotorcraft UASs weighing less than 55 pounds maximum gross weight: DJ I PHANTOM 2 Unmanned Aircraft Sy stems. Proposed operations of any other aircraft will require a new petition or a petition to amend th is grant.
2. UAS operations under this exemption will be limited to conducting operations for the purpose of aerial video and photograph y.
3. The UAs may

not be flown at an indicated airspeed exceeding 20 knots.
4. The UA must be operated at an altitud e 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 b y ATC. All altitudes reported to ATC must be in feet AGL.
5. The UA must be operated within visual line of sight (VLOS) of the PI C at all times. This requires the PIC to be able to use human vision unaided by an y device other than corrective lenses, as specified on the PIC’s FAA

- issued airman medical certificate.
6. The use of first perso n view (FPV) b y the PI C or safet y 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 PI C alway s maintains VLOS capability . The SO and PIC must be able to communicate verbally at all times. Electronic messaging or texting is not permitted during flight operations. The PI C must be designated before the flight and cannot transfer his or her designation for the duration of the flight. The PI C must ensure that the SO can perform then functions prescribed in the operating documents.
8. The SO must not perform any other duties beyond assisting the PI C with seeing and avoiding other air traffic and other ground based obstacles/obstructions and is not permitted to operate the camera or other instruments.
9. The operating documents and the grant of exemption must be accessible during UAS operations and made available to the Administrator upon request. If a discrepancy

exists between the conditions and limitations co ntained 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 as16 outline d 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 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 must 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 PI C must inspect the UAS to ensure that it is in a condition for safe flight. If the inspection reveals a condition that affects the safe operation of the UAS, the aircraft is prohibited from operating until the necessary maintenance has been performed and the UAS is found to be in a condition for safe fli ght. The Ground Control Station must be included in the preflight inspection. All maintenance and alterations must be properl y documented in the aircraft records.

11. Any UAS that has undergone maintenance or alterations that affect the UAS operation or f

light characteristics, e.g. replacement of a flight critical component, must undergo a functional test flight. The PI C who conducts the functional test flight must make an entry in the aircraft records. 12. The pre

- flight inspection must account for all po tential 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, replacement, in spection, 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 comp onent parts must be noted in the aircraft records, including total time in service, description of work accomplished, and the signature of the authorized person returning the UAS to service.
15. Each UAS 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.

17. The PI C must possess at least a private pilot certificate and at l east a current third

- class medical certificate.
18. The operator may

not permit any

PIC to operate unless the PI C meets the17 operator’s qualification criteria and demonstrates the ability to safel y 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. § 61.5 1(b). Flights for the purposes of training the operator’s PICs are permitted under the terms of the exemption. However, training operations may onl y 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 PI C must operate the UA with appropriate distance from nonparticipants in accordance with 14 C.F.R. § 91.119.
19. UAS operations may

not be conducted during night , as defined in 14 C.F.R. § 1.1. All operations must be conducted under visual meteorological conditions (VMC). If flight at night is required, a special request will be made at the FAA office closest to proposed area of operations. Flights under special v isual 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 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 must be made available to the Administrator upon request.
21. The UA may

not be operated less than 500 feet below or less than 2,000 feet horizontally

from a cloud or when visibility is less than 3 statute miles from the PI C.
22. If the UA loses communications or loses its GPS signal, it must return to a predetermined location within the planned operating area and land or be recovered in accordance with the operating documents.

23. The PI C must abort the flight in the event of unpredicted obstacles or emergencies in accordance with the operating documents.

24. The PI C is prohibited from beginning a flight unle ss (considering wind and forecast weather conditions) there is enough power to fly at normal cruising speed to the intended landing point and land the UA with 25% battery power remaining.
25. The operator must obtain an Air Traffic Organization (ATO) issu ed 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 pri or to the operation. All operations shall be conducted in accordance with airspace requirements in the ATO issued COA including class of airspace,18 altitude level and potential transponder requirements.
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. part 45, Subpart C. Markings must be as large as practicable.
27. Before conducting operations, the radio frequency spectrum used for operation and control of the UA must comply with the Federal Communications Commission (FCC) or other appropriate government oversight agency requirements.
28. The documents required fewer than 14 C.F.R. 91.9 and 91.203 must be available to the PIC at the Ground Control Station of the UAS an y time the UAS is operating. These documents must be made available to the Administrator

or an y law enforcement official upon request.

29. The UA must remain clear and yi eld the right of way to all manned aviation operations and activities at all times.
30. The UAS may

not be operated b y the PIC from any moving device or vehicle.
31. Flight operations must be conducted at least 500 feet from all nonparticipating persons (pe rsons other than the PI C, SO, operator trainees or essential persons), vessels, vehicles, and structures unless: a. Barriers or structures are present that sufficiently protect nonparticipating persons from the UA 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 immediatel y and/or; b. The airc raft is operated near vessels, vehicles or structures where the owner/controller of such vessels, vehicles or structures has granted permission and the PI C has made a safet y assessment of the risk of operating closer to those objects and determined that it does not present an undue hazard, and; c. Operations nearer to the PI C, SO, operator trainees or essential persons do not present an undue hazard to those persons per § 91.119(a).
32. All operations shall be conducted over private or controlled

- access pr operty with permission from the land owner/controller or authorized representative. Permission from land owner/controller or authorized representative will be obtained for each flight to be conducted. 33. Any incident, accident, or flight operation that tr ansgresses the lateral or vertical boundaries of the operational area as defined b y the applicable COA must be reported to the FAA's UAS Integration Office (AFS

- 80) within 24 hours. Accidents must be reported19

to the National Transportation Safety Board (NT SB ) 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 Not Adversely Affect Safety.** 

USDRONECAM LLC submits that the equivalent level of safety est ablished by Section 61.113(a) and (b) will be maintained because no PI C will be allowed to operate the DJ I PHANTOM 2 UAS unless that PI C has demonstrated, by meeting minimum flight

- hour and currency

requirements, that the PIC is able to safel y operate the DJ I PHANTOM 2 UAS in a manner consistent with the exemption, including evasive and emergency

maneuvers and maintaining appropriate distances from people, vessels, vehicles and structures. Considering USDRONECAM LLC’s proposed area of operations, and the operating limitations set forth

- above; the parallel nature of private pilot aeronautical knowledg e requirements to those of commercial pilot requirements (See Exemption No. 11062); and the airmanship skills necessary to safely operate the DJ I PHANTOM 2 UAS, USDRONECAM LLC submits that the additional manned airmanship experience of a commerciall y certificated pilot would not correlate to the airmanship skills necessary for USDRONECAM LLC’s specific proposed flight operations. The FAA has previously

granted relief from Section 61.113(a) and (b) specific to UAS, in circumstances similar, in all material respects, to those presented herein (e.g. Exemption Nos. 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110, 11112, 11136, 11138, 11150, 11153, 11156, 11158, 11159, 11160, 11161). USDRONECAM LLC will not allow any PI C to operate the DJ I PHANTOM 2 UAS unless that PI C has demonstrated, by meeting minimum flight

- hour requirements or the DJI PHANTOM 2 UAS training and currency requirements, that the PI C is able to safel y operate the DJ I PHANTOM 2 UAS in a manner consistent with this exemption, including evasive and emergency

maneuvers and maintaining appropriate distances from people, vessels, vehicles and structures. Specificall y, the PI C must have accumulated and logged, in a manner consistent with 14 C.F.R. § 61.51(b), 25 hours of total time as a UAS rotorcraft pilot (with a minimum of 5 hours of those hours as a UAS pilot operating the same make and model of UAS to be used for operations under the exemption). In addition to the hour requirements, the PIC must accomplish 3 takeoffs and landings in the preceding 90 day s (for currency

purposes). As in Exemption Nos. 11062, 11138, and 11153, pri or documented flight experience that was obtained in compliance with applicable regulations will ensure an equivalent level of safet y during USDRONECAM LLC’s proposed operations. The Administrator has held that prior documented flight experience that was obtained in compliance with applicable regulations would ensure safe operations, stating as follows:
In Exemption No. 11062, the FAA required that prior to conducting operations for the purpose of motion picture filming (or similar operations), the PIC must have accumulated 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 as20 a UAS pilot with a multi

- rotor UAS. Prior to operations under Exemption No. 11062 , the PI C must also have accumulated and logged a minimum of 5 hours as a UAS pilot operating the same make and model of UAS to be used for operations under the exemption. For clarification, the FAA considers these minimum hour requirements to be inclusive rather than additive; i.e. 5 hours make and model time may be included in the 10 hours of multi

- rotor time and the 10 hours may be included in the total 25 hours of UAS rotorcraft time. In addition to the hour requirements, the PIC must accomplish 3 takeo ffs and landings in the preceding 90 day s (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 safel y conduct the petition er’s proposed operations. The FAA also finds that prior documented flight experience that was obtained in compliance with applicable regulations would satisfy this requirement. Training, proficiency , and experience

- building flights can also be conducted un der the grant of exemption to accomplish the required flight time. During training, proficiency , and experience

- building flights the PI C is required to operate the UA with appropriate distances in accordance with 14 C.F.R 91.119.
Exemption No. 11138 at pa ge 15.
Accordingl y, USDRONECAM LLC will ensure safe operations by not allowing any PI C to operate the DJI PHANTOM 2 UAS unless that PI C has demonstrated, by meeting minimum flight

- hour and currency requirements, that the PI C is able t o safel y operate the DJ I PHANTOM 2 UAS in a manner consistent with the exemption, including evasive and emergency

maneuvers and maintaining appropriate distances from people, vessels, vehicles and structures.

**3. Reasons Why An Exemption From The Requirements Of Section 91.7(a)**  **Would Not Adversely Affect Safety.** The equivalent level of safety established b y Section 91.7(a) will be maintained because prior to every

flight, USDRONECAM LLC will ensure that the DJI PHANTOM 2 UAS is in an airworth y 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 relief from Section 91.7(a) specific to UAS, in circumstances simil ar, in all material respects, to those presented herein (e.g. Exemption Nos. 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110, 11112, 11136, 11138, 11150, 11153, 11156, 11157, 11158, 11159, 11160, 11161).

**4. Reasons Why An Exemption From The Requirements Of Section 91.121**  **Would Not Adversely Affect Safety.** The equivalent level of safety established b y Section 91.121 will be maintained because the altitude information of the DJ I PHANTOM 2 UA will be provided to the PI C via GPS equipment and a radio communications telemetry data link, which downlinks from the UA to the GCS for active monitoring of the flight path and altitude. This altitude information, combined with USDRONECAM LLC’s operation of the DJ I PHANTOM 2 UA within visual line of sight, at or below 400 feet AGL , will ensure a level of safet y21

equivalent to Section 91.121. The altitude information will be generated b y GPS equipment installed onboard the aircraft. Prior to each flight, a zero altitud e initiation point is automatically

established by

the UASs at ground level. The FAA has previously

granted relief from Section 91.121 specific to UAS, in circumstances similar, in all material respects, to those presented herein (e.g. Exemption Nos. 11062 , 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11112, 11136, 11138, 11150, 11153, 11156, 11157, 11158, 11159, 11160, 11161).

**5. Reasons Why An Exemption From The Requirements Of Section 91.151(b) Would Not Adversely Affect Safety.**  A grant of this exemption would ensure an equivalent level of safety established by 14 C.F.R. Section 91.151(b) as a result of (1) the technical specifications of the DJ I PHANTOM 2 UAS; (2) the limitations on the proposed flight operations; and (3) the location of th e proposed flight operations. Accordingl y, USDRONECAM LLC will ensure that it will safel y operate the battery powered DJ I PHANTOM 2 UA during daylight hours in VFR conditions, with enough battery power to fly

for a total duration of 13. 5 minutes to the first point of intended landing and, assuming normal cruising speed, to fly after that for at least 4.5 minutes. Here, as in Exemption No. 11109, the technical specifications of the DJ I PHANTOM 2 UAS; the limitations on the proposed flight operations; and the location of the proposed operations, will ensure an equivalent level of safety established by

14 C.F.R. Section 91.151(b). Furthermore, safet y will be ensured as the DJ I PHANTOM 2 UAS provide audible and visual warnings to the PIC at the GCS when the UAs experiences low battery

voltage, the first warning occurring at approximately 33% remaining battery

power, and again at approximately 10% remaining battery

power. At the criticall y low battery

level, the DJ I PHANTOM 2 UAS will descend and land automatically

. Significantl y, previous exemptions granted b y 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 less than the minimums prescribed in Section 91.151, including Exemption Nos. 2689, 5745, and 10650. Moreover, the FAA has previously granted relief from Section 91.151 specific to UAS, in circumstances similar, in all material respects, to those presented herein (e.g. Exemption Nos. 8811, 10808, 10673, 11042, 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110, 11136, 11138, 11150, 11153, 1 1156, 11157, 11158, 11159, 11160, 11161).

**6. Reasons Why An Exemption From The Requirements Of Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), And 91.417(a) & (b) Would**  **Not Adversely Affect Safety.** In seeking this exemption, USDRONECAM LLC submits that the equivalent level of safety

with regard to the regulatory maintenance and alteration requirements established by

Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b) will be met because USDRONECAM LLC will use trained technicians to perform maintenance, alterations, or preventive maintenance on the UAS using the methods, techniques, and practices prescribed in the operating documents (i.e., Monthly22

Maintenance Lo g, and DJI PHANTOM 2 Instructi on Manual). Furthermore, USDRONECAM LLC will document and maintain all maintenance records for the DJ I PHANTOM 2 UAS. Since the DJ I PHANTOM 2 UAS will be inspected as prescribed b y the operating documents, USDRONECA M LLC will maintain the equivalent level of safety established by

30 Sections 91.405(a), 91.409(a)(1), and 91.409(a)(2). A copy of the DJI PHANTOM 2 User Manual is attached hereto as Exhibit B; a copy of the DJI PHANTOM 2 UAS Maintenance LOG is attached hereto as Exhibit C. Likewise, the exemption sought will not adversel y affect safety because USDRONECAM LLC will use trained technicians to perform maintenance, alterations or preventive maintenance on the UAS using the methods , techniques, and practices prescribed b y the operating documents. Furthermore, the exemption sought would maintain an equivalent level of safety established by

Sections 91.407, 91.417(a) and 91.417(b), because all maintenance of the DJI PHANTOM 2 UAS will be performed b y trained technicians. Maintenance will be documented and maintained utilizing the monthly maintenance log. Significantl y, previous exemptions granted b y the FAA concerning Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), an d 91.417(a) & (b) establish that safet y is not adversel y affected when the technical characteristics and operating limitations of the UAS are considered. In consideration of USDRONECAM LLC’s proposed operating limitations, the operating documents, and the technical aspects of the DJ I PHANTOM 2 UAS, USDRONECAM LLC 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 relief specific to UAS in circumstances similar, in all material respects, to those presented herein (e.g. Exemption Nos. 11062, 11063, 11064, 11065, 11066, 11 067, 11080, 11109, 11110, 11112, 11136, 11138, 11150, 11153, 11156, 11157, 11158, 11159, 11160, 11161).

**7. The FAA May Prescribe Any Other Conditions For Safe Operation.** In accordance with Section 333 of the FAA Modernization and Reform Act of 2012 (FMRA) and 14 C.F.R. § 21.16 entitled Special Conditions, USDRONECAM LLC requests that the FAA prescribe special conditions for the intended operation of the DJ I PHANTOM 2 UAS, which contain such safet y standards that the Administrator finds necessary to establish a level of safet y equivalent to that established by 14 C.F.R. Part 21, Subpart H, and 14 C.F.R §§ 61.113(a) & (b), 91.7 (a), 91.121, 91.151(b), 91.4 05(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b). Such special conditions will permit safe operation of the UAs for the limited purpose of conducting aerial video and photograph y over certain areas of the United States for compensation or hi re. FMRA Section 333 sets forth the requirements for considering whether a UAS will create a hazard to users of the NAS or the public, or otherwise pose a threat to national security; and further, provides the authority for such UAS to operate without airw orthiness certification in accordance with an y requirements that must be established for the safe operation of the UAS in the NAS. Likewise, the Administrator may prescribe special conditions pursuant to 1423

C.F.R. § 21.16, for operation of the DJ I PHANTOM 2 UAS, since the airworthiness regulations of 14 C.F.R. Part 21 do not contain adequate or appropriate safety standards, due to the novel or unusual design features of the aircraft. Section 21.16, entitled Special Conditions, states the following: If the FAA finds that the airworthiness regulations of this subchapter do not contain adequate or appropriate safety standards for an aircraft, aircraft engine, or propeller because of a novel or unusual design feature of the aircraft, aircraft engine or propeller, he prescribes special conditions and amendments thereto for the product. The special conditions are issued in accordance with Part 11 of this chapter and contain such safety

standards for the aircraft, aircraft engine or propeller as the FAA fin ds necessary

to establish a level of safety equivalent to that established in the regulations. See 14 C.F.R. § 21.16. Therefore, in accordance with FMRA Section 333 and 14 C.F.R. § 21.16, the FAA may prescribe special conditions for Leading Edge’s intended operation of the DJ I PHANTOM 2 UAS, which contain such safet y standards that the Administrator finds necessary to establish a level of safet y 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), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b).



### F. A Summary That Can Be Published In The Federal Register, stating: The Rules

**From Which USDRONECAM**  **LLC Seeks Exemption:**

USDRONECAM LLC seeks exemption from the requirements of 14 C.F.R Sections 61.113(a)&(b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b).

**A Brief Description Of The Nature Of The Exemption USDRONE**  **CAM LLC**  **Seeks:** This exemption will permit USDRONECAM LLC to commercially operate an Unmanned Aircraft System (UAS) for the purpose of conducting aerial video and photography over certain areas of the United States.



### G. Any Additional **Information, Views, Or Arguments Available To Support**

**USDRONECAM LLC’s Request.** 

This Petition is made pursuant to the FAA Modernization and Reform Act of 2012 (FMRA) Section 333, which directs the Secretary of Transportation to determine if

certain UAS may

operate safel y in the NAS. As such, USDRONECAM LLC’s 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.24 FMRA Section 333 sets forth the requirements for considering whether a UAS will create a hazard to users of the NAS or the public, or otherwise pose a threat to national 33 securit y; and further, provides the authority for such UAS to operate without airworthiness certification. As discussed in detail ab ove, USDRONECAM LLC will operate the DJ I PHANTOM 2 UAS safely in the NAS, without creating a hazard to users of the NAS, or the public, or otherwise pose a threat to national security

.



## CONCLUSION

As set forth herein, USDRONECAM LLC 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 PHANTOM 2 UAS commerciall y, without an airworthiness certificate, f or the limited purpose of conducting aerial video and photograph y over certain areas of the United States. By granting this Petition, the FAA Administrator will be fulfilling the Congressional mandate of the FAA Modernization and Reform Act of 2012, while also advancing the interests of the public, by allowing USDRONECAM LLC to safely, efficiently, and economically operate the DJI PHANTOM 2 UAS commerciall y within the NAS. **WHEREFORE** , in accordance with the Federal Aviation Regulations and the FAA Modernization and Reform Act of 2012, Section 333, USDRONECAM LLC respectfull y requests that the Administrator grant this Petition for an exemption from the requirements of 14 C.F .R Sections 61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b), and permit USDRONECAM LLC to operate the DJ I PHANTOM 2 UAS commercially for the purpose of conducting aerial video and photography over certain areas of the United States.

Dated: October 25 , 2015
Respectfully submitted,

USDRONECAM LLC

_________________________ USDR ONECAM LLC 231 HILL SI DE AVE FL 1 LEONIA, NJ 07605 Tel ) 551/655

- 207225

Appendices:

A

– DJ I PHANTOM 2 Specifications Data Sheet B

– DJ I PHANTOM 2 Manufacturer’s User Manual C

– Monthly

Maintenance L og



## APPENDIX

**– A** 
**DJI PHANTOM 2**  **TECHNICAL SPECIFICATIONS** USDRONECAM LLC only utilizes safe and reliable UASs. DJ I is an industry leader in small UAS production. DJIUASs are loaded with ground breaking software enabling the user to set parameters which will not allow flight into controlled airspace. Parameters can also be set to limit flight to no higher than a predetermined and set altitude as well as limit flight to a predetermined and set distance. In addition, DJIsoftware provides real

time altitude and location information to the PI C via the linked monitor

1.1 PHANTOM 2 1.1.1 Aircraft 1.1.1.1. Weight (Battery

& Propellers included) 1000g 1 .1.1.2 Hover Accuracy

(Ready to Fl y) Vertical: 0.8m; Horizontal: 2.5m 1.1.1.3 Max Yaw Angular Velocit y 200°/s 1.1.1.4 Max Tilt Angle 35° 1.1.1.5 Max Ascent / Descent Speed Ascent: 6m/s; Descent: 2m/s 1.1.1.6 Max Flight Speed 15m/s(Not Recommended) 1.1.1.7 Diagonal Length 350mm 1.1.1.8 Flight Time 25mins 1.1.1.9 Take

- off Weight ≤1300g 1.1.1.10 Operating Temperature

- 10 °C ~ 50°C 1.1.2 Supported Battery 1. 1.2.1 DJISmart Battery 1.1.2.2 DJISmart Battery Ty pe 3S LiPo 1.1.2.3 Capacity 5200mAh, 11.1V 1.1.2.4 Charging Environment Range 0 °C to 40 °C 1.1.2.5 Discharging Environment Range

- 20 °C to 50 °C 1.1.3 Remote Control 1. 1.3.1 Operating Frequency 2.4GHz I SM 1. 1.3.2 Communication Distance (open area) 1000m 1.1.3.3 Receiver Sensitivity (1%PER)

- 97dBm 1.1.3.4 Working Current/Voltage 120 mA@3.7V 1. 1.3.5 Built

- in L iPo Battery Working Current/Capacity 3.7V, 2000mAh26

1.1.4 On Screen Display

iOSD 1. 1.4.1 Size 33.2	*	28.0	*	10.55(mm) 1. 1.4.2 Weight	14g 1.1.4.3 Performance	Parameter Video	Input Model PAL/NTSC Video	Output	Model PAL/NTSC 1. 1.4.4 Physical	Parameter Temperature

- 20 °C ~60 °C Voltage 6V Current (Typical	Value) 180 mA@ 6 V

1.1.5 G imbal Zenmuse	H3

- 3D 1. 1.5. 1 Camera GoPro3+	Black 1. 1.5.2 GCU	Input	Power 3S~6S	LiPo	(12V~26V) 1. 1.5.3 Mechanical	&	Electrical Gimbal	Operating	Current

• Static	current:	400mA	(@12V)

• Dynamic	current:	600mA	(@12V) Gimbal	Input	Power 3S~6S	(12V	~	26 V) 1.1.5.4 Operating	Temperature

- 10°C	~	50°C 1.1.5.5 Gimbal	Weight 168g	(camera	excluded) 1.1.5.6 Gimbal	Dimensions	(With	Damping	Unit) 97mm	X	95mm	X	73mm 1.1.5.7 GCU	Weight 22g 1.1.5.8 GCU	Dimensions 42	mm	X	32	mm	X	9.3	mm 1.1.5.9 Performance Controlled	Angle	Accuracy Tilt/Roll: ± 0.02 °; Yaw:	±0.03° 1. 1.5.10 Maximum	Controlled	Rotation	Speed Tilt	axis:	±130°/s 1.1.5.11 Controlled	Rotation	Range Tilt	axis	control:

- 130	~	+45 ° 1.1.5.12 Regulatory	Approvals FCC	(USA) Yes

1.1.6 Monitor LILLIPUT with 5.8GHz	Wireless	Receiver 1.1.6.1 Antenna	Connector	:	SMA	Female 1.1. 6.2 Panel	:	7"	IPS 1.1. 6.3 Physical	Resolution	:	1280×800 1.1. 6.4 Aspect	Ratio	: 16	:	9 1.1. 6.5 Brightness	:	400cd/ m2 1.1. 6.6 Contrast	:	800	:	1 1.1. 6.7 Viewing	Angle	:	178°/178°(H/V) 1.1. 6.8 Input	:	AV	X	1,	HDMI	X1 1. 1.6.9 Sound	:	Built

- in	Speaker	X	1,	Ear	Phone	Slot	X	1 1.1. 6.10 Current	:	960mA 1.1. 6.11 Input Voltage	:	7~24V27

1. 1.6.12 Battery	Plate	:	V

- mount	/	Anton	Bauer	mount	/	F970	/	QM91D	/	DU21	/ LP

- E6 1. 1.6.13 Power	Consumption	: ≤12W 1.1. 6.14 Operating	Temperature	:

- 20 °C~ 60 °C 1.1.6.15 Storage	Temperature	:

- 30 °C~ 70 °C 1.1.6.15 Dimension(LWD) :	184.5×131×23mm 1.1.6.16 Weight	:	365g

1.1.7 Camera GO	PRO	3+ 1.1.7.1 Weight 2.61	oz 1.1.7.2 Optical	Sensor	Type	CMOS 1.1.7.3 Wireless	Connection Wireless	LAN 1.1.7.4 Digital	Video	Format H.264 1.1.7.5 Camcorder	Sensor	Resolution 12	pixels 1.1.7.6 Effective	Photo	Resolution	12	Megapixel 1.1.7.7 Lens	System/ Type	Lens

- f/2.8 1.1.7.8 Li

- ion	rechargeable	battery

- 1050	mAh

DJI	PHANTOM	2	Manufacturer’s	User	Manual (Attached) 

## APPENDIX

– B