1 June, 28 2015

Attn: U. S. Department of Transpor tation Docket Operations West Building Ground Floor, Room w12-140 1200 New Jersey Ave, SE Washington, DC 20590

RE: Jeff Devine dba Devine &Associates REQUEST AN EXEMPTION FROM THE R EQUIREMENTS OF TITLE 14 OF THE C ODE
OF FEDERAL REGULATIONS SECTIONS 61.113(a) & ( b), 91.7(a), 91.121, 91.151(b), 91.405(a) , 91.407(a)(1), 91.4 09(a)(1) & (a)(2), AND 91.417(a) & (b) CONCERNI NG COMMERCIAL OPERATION OF DJI Phantom
2 UNMANNED AIRCRAFT SYSTEMS PURSUANT TO SECTION 333 OF
THE FAA MODERNIZATI ON AND REFORM ACT OF 2012 (PUBLIC LAW 112-95 )

Jeff Devine

Owner
Jeff Devine dba Devine Associates

1243 Woodlands Wayy Helena, Alabama 35080

205.365.3222

devineassociates@hotmail.com2 TABLE OF CONTENTS

Page

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

SUMMARY........................................................

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

INTRODUCTION AND INTERES TS OF PETITIONER....................... .............................4

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

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

BASIS FOR PETITION............................................. ............................................................5

NAME AND ADDRESS OF PETITIONER................................. ........................................6

THE SPECIFIC SECTIONS OF 14 C.F. R. FROM WHICH DEVINE ASSOCIATES SEEKS

EXEMPTION...................................................... ......................................................7

THE EXTENT OF RELIEF DEVINE ASSO CIATES SEEKS AND THE REASON DEV INE

ASSOCIATES SEEKS THE RELIEF.......................................... ....................10

THE REASONS WHY GRANTING THE DEVINE ASSOCIATES REQUEST WOULD BE IN

THE PUBLIC INTEREST ............................................... .............................................12

THE REASONS WHY GRANTING THE EXEM PTION TO DEVINE ASSOCIATES WOU LD

NOT ADVERSELY AFFECT SAFETY.................................... ..........................14

SUMMARY THAT CAN BE PUBLISHED IN THE FEDERAL REGISTER.......... .........25

ANY ADDITIONAL INFORMATION, VIEWS, OR ARGUMENTS AVAILABLE TO SUPPORT DEVINE ASSOCIATES REQUEST................................ ..................25

CONCLUSION.....................................................

............................................................... .25

APPENDICES......................................................................................... 263 GLOSSARY OF ABBREVIATIONS

AGL A bove 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 Aviati on Administration

FAR Federal Aviati on Regulation

GCS Gr ound Control Station

GPS Global Positioni ng System

LOL Loss of Li nk NAS National Airsp ace System
NOTAM Notice to Airman

PIC Pilot In Command

Section 333 FAA Modernization a nd Reform Act of 2012 (FMRA) SO Safety Observer SOP Standard Operati ng Procedures

UA Unmanned Aircraft UAS Unmanned Aircraft System VFR Visual Flight Rules

VLOS Visual Line of Site VMC Visual Meteorological C onditions

VTOL Vertical Takeoff a nd Landing4 SUMMARY

Jeff Devine dba. Devine &Associ ates hereafter referred to as De vine Associates 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 op erate an Unmanned Aircraft System (DJI Phantom 3) pursuant to Section 333 of the FA A Modernization and Reform Act of 2012 (FMRA). This exemption will permit Devine Associates to op erate an Unmanned Aircraft System (UAS) for the commercial purpose of conducting aerial vi deo and photography of construction sites, residential and commercial real estate, civ il landscapes and events over certain

areas of the United States.

INTRODUCTION AND INTERESTS OF THE PETITIONER

Devine Associates has for over twenty-five years provided their clients (which include private sector businesses and federal ag encies) with expertise and know ledge in Land Surveying and Civil Design using advanced techno logies and solutions. Devine Associates has worked on thousands of projects over the past 25 years in all types of lo cations with a perfect client and employee safety record. In the past we have not been able to s upplied our clients aerial video and photography and had to hire out using commercial aircraft. The objective of Devine Associates and our Unmanned Aircraft System (DJI Phantom 2) aerial operations is to provide a more affordable, high-quality pr oduction system for a variety o f governmental, commercial, public, and residential uses , specifically targeting

• Construction sites before and after

• Photogrammetry

• Real-estate marketing

• Economic development

• Civil Design

• Construction Progress Analyzes

I have Over 400 hours of fixed wing experience safely flown and RC electric quadcopters recreationally for approximately 1 years without incident.

BACKGROUND

Unmanned Aircraft Systems: DJI Phantom 2, UAS

Devine Associates seeks an exemption to operate DJI Phantom 2 s ystem for compensation or

hire within the NAS. The DJI Phantom 2 is vertical takeoff and landing (VTOL) Unmanned Aircraft (UA) with a Ground Control Station (GCS) utilizing ele ctronic tablet or smart phone systems. The DJI Phantom 3 has a maximum gross weight of approx imately 2.8 lb. while having a diagonal dimension of 23.2”, a maximum speed of approximately 16.4’fps and a maximum flying height of 400'. The DJI Phantom 2 is equipped with four main rotors; driven by Lithium Polymer battery powered electric motors.5 The DJI Phantom 2 that will be operated by Devine Associates wi ll 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, Devine Associates, pur suant to the provisions of th e Federal Aviation Regulations (14 C.F.R. § 11.61) and the FAA Mode rnization and Reform Act of 201 2 (FMRA), Section 333, Special Rules for Certain Unmanned Aircraft Systems , hereby petitions the Administrator to commercially operate the DJI Phantom 2, UAS in the National Air space System (NAS), and for an exemption from the requirements of 14 C.F.R §§ 61.113(a) & ( b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1 ) & (a)(2), and 91.417(a) & (b).

In consideration of the speed, weight, size, and limited operat ing area associated with the unmanned aircraft and its operation, Devine Associates operatio n of DJI Phantom 2 UAS meets the conditions of FMRA Section 333 and therefore, will not requ ire an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H.

Accordingly, Devine Associates 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 s et forth requirements for maintenance that only apply to a ircraft with an airworthiness c ertificate.

Devine Associates submits that the requested relief is proper s ince an equivalent level of safety will be ensured. Devine Associates will use experienced personn el or technicians to perform maintenance, alterations, or preventive maintenance on the UAS using the methods, techniques, and practices prescribed in the operating documents (i.e., Mont hly Maintenance Log, and DJI Phantom 3 Instruction Manual). Furthermore, Devine Associates w ill document and maintain all

maintenance records for the DJI Phantom 2 UAS.

Relief from certain requirements of Section 61.113(a) and (b), entitled Private pilot privileges

and limitations: P ilot in command , is requested by Devine Associates to the extent necessary to allow a Pilot in Command (PIC) holding a private pilot or highe r level certificate, as well as an

airman medical certificate or Dri vers License, and who has demo nstrated, by meeting minimum flight- hour and currency require ments, that the PIC is able to safely operate the DJI Phantom UAS in a manner consistent with this exemption, including evasi ve and emergency maneuvers and maintaining appropriate dist ances from people, vessels, veh icles and structures.

Devine Associates seeks relief from Section 91.7(a), entitled Civil aircraft airworthiness

, because the DJI Phantom 2 UAS do not require an airworthiness c ertificate in accordance with 14 C.F.R. Part 21, Subpart H. As such, Devine Associates submit s that they will ensure that the DJI Phantom 2 UAS is in an airworthy condition, prior to every flight, by determining that the UAS are in compliance with the operating documents (i.e., Month ly Maintenance Log, and DJI Phantom 3 Instruction Manual), an d that the aircraft are in a c ondition for safe flight.6 Devine Associates also seeks an exemption from the requirements of Section 91.121, entitled Altimeter Settings , as the DJI Phantom 2 UAS will not have a typical barometric a ltimeter onboard. However, altitude information of the DJI Phantom 2 UAS will be provided to the PIC via Global Positioning System (GPS) equipment and radio communi cations telemetry data link, which downlinks from the UA to the GCS for active monitoring of the flight path. This altitude information, combined with Devine Associates operation of the D JI Phantom 2 UAS within visual line of sight, at or below 400 feet AGL, will ensure a l evel of safety equivalent to Section

91.121.

Additionally, Devine Associates s eeks an exemption from the req uirements of Section 91.151(b),

entitled Fuel requirements for flight in VFR conditions . Devine Associates submits that safety will not be affected by operation of the DJI Phantom 2 UAS duri ng daylight hours in visual meteorological conditions (VMC) under visual flight rules (VFR) , with enough battery power to fly for a total duration of approximately 23 minutes. Battery power indicators are also able to show exactly how much battery po wer is left, as well as how muc h time is needed to return safely back to point of take off.

In accordance with 14 C.F.R. § 11.81, Devine Associates provide s the following information in support of its petition for exemption:

A. Name And Address Of The Petitioner.

The name and address of the Pe titioner and point of contact is:

Jeff Devine

Owner
Jeff Devine dba Devine & Associates 1243 Woodlands Way Helena, Alabama 35080

205.365.3222 devineassociates@hotmail.com7 B. The Specific Sections Of 14 C .F.R. From Which Devine Associa tes Seeks Exemption.

1. Devine Associates Seeks Exemption From The Requi rements Of Section 61.113(a) And (b).

Section 61.113, entitled Private pilot privileges and limitatio ns: Pilot in command

, subsections (a) and (b) prescr ibe the following, in relevant pa rt:

(a) No person who holds a priva te pilot certificate may act as a pilot in command (PIC) of an aircraft that is carrying passengers or property fo r compensation or hire; nor may that person, for compens ation or hire, act as PIC of an aircraft.

(b) A private pilot may, for compensation or hire, act as PIC o f an aircraft in connection with any business or employment if—

(1) The flight is only incident al to that business or employmen t; and

(2) The aircraft does not carry p assengers or property for comp ensation or hire.

2. Devine Associates 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 civ il aircraft unless it is in an a irworthy condition.

3. Devine Associates Seeks Exemption From The R equirements Of Section 91.121.

Section 91.121, entitled Altimeter settings, subsection (a), st ates the following, in part:

(a) Each person operating an aircr aft shall maintain the cruisi ng altitude or flight level of that aircraft, as the case may be, by reference to an altime ter that is set, when operating--

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

(i) The current reported altimet er setting of a station along t he route and

within 100 nautical mile s of the aircraft;

(ii) If there is no station within the area prescribed in parag raph (a)(1)(i) of this section, the current reporte d altimeter setting of an appr opriate available station; or

(iii) In the case of an aircraft not equipped with a radio, the elevation of the departure airport or an appropria te altimeter setting available before departure.

4. Devine Associates Seeks Exemption From The Re quirements Of Section 91.151(b).

Section 91.151, entitled Fuel requirements for flight in VFR conditions , subsection8 (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 nor mal cruising speed, to fly after that for at least 20 minutes.

5. Devine Associates Seeks Exemption From The Requirement Of Section 91.405(a).

Section 91.405, entitled Maintenance required , subsection (a), states the following: Each owner or operator of an aircraft—

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

6. Devine Associates Seeks Exemption From The Requi rements 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 maint enance, preventive maintenance, rebuilding, or alteration unless--

(1) It has been approved for return to service by a person auth orized under § 43.7 of this chapter[.]

7. Devine Associates Seeks Exemption From The Requi rements 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 parag raph (c) of this section, no per son may operate an aircraft unless, within the preced ing 12 calendar months, it ha s had --

(1) An annual inspection in accordance with part 43 of this cha pter and has been approved for return to servi ce by a person authorized by § 43.7 of this chapter; or

(2) An inspection for the issuance of an airworthiness certific ate in accordance with part 21 of this chapter.

8. Devine Associates 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:9 (a) Except for work performed in accordance with §§ 91.411 and 91.413, each registered owner or operator shall keep the following records f or the periods specified in paragraph (b) of this section:

(1) Records of the maintenance, preventive maintenance, and alt eration and records of the 100-hour, annual, p rogressive, and other require d or approved inspections, as appropriate, for each aircraft (including the a irframe) and each engine, propeller, rotor, and appl iance of an aircraft. The rec ords must include--

(i) A description (or reference to data acceptable to the Admin istrator) of the work performed; and

(ii) The date of completi on of the work performed; and

(iii) The signature, and certi ficate number of the person appro ving the aircraft

for return to service.

(2) Records containing the following information:

(i) The total time in service of the airframe, each engine, eac h 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 th e aircraft which are required to be overhauled on aspecified time basis.

(iv) The current inspection stat us of the aircraft, including t he time since the last inspection required by the inspection program under which the aircraft and its appliances are maintained.

(v) The current status of applicable airworthiness directives ( AD) and safety directives including, for each, the method of compliance, the A D or safety

directive number and revision dat e. If the AD or safety directi ve involves recurring action, the time and da te when the next action is req uired.

(vi) Copies of the forms prescribed by § 43.9(d) of this chapte r for each major alteration to the airframe and currently installed engine s, rotors, propellers, and appliances.

(b) The owner or operator shall retain the following records fo r the periods prescribed:10 (1) The records specified in paragraph (a)(1) of this section s hall be retained until the work is repeated or superseded by other work or for 1 year after the work is performed.

(2) The records specified in paragraph (a)(2) of this section s hall be retained and

transferred with the a ircraft at the time the aircraft is sold.

(3) A list of defects furnished to a registered owner or operat or under § 43.11 of this chapter shall be retained until the defects are repaired a nd the aircraft is approved for return to service.

C. The Extent Of Relief Devine Associates Seeks And The Reason Devine Associates Seeks

The Relief.

1. Extent Of Relief Devine Associates Seeks And The Devine Associates 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 PIC holding a private pilot or higher level certificate, as well as a current and valid airman medica l certificate, and who has met certain flight-hour and currency requirements, to conduct the p roposed UAS flight operations for compensation or hire.

This relief is requested since the limitations set forth in Sec tion 61.113(a) and (b) state that a private pilot may, for compensation or hire, act as PIC of an a ircraft in connection with any business or employment if: (1) The flight is only incidental to that business or employment; and (2) The aircraft does not carry p assengers or property for comp ensation or hire.

As set forth more fully below, Devine Associates submits that a n equivalent level of safety will be maintained because no PIC will be allowed to operate the DJI Phantom 2 UAS unless that PIC has met certain flight-hour and currency requirements, demo nstrating that the PIC is able to safely operate either the DJI Phantom 2 UAS in a manner consist ent with the operations specifications as described in this exemption, including evasiv e and emergency maneuvers, as well as maintaining appropriate di stances from people, vessels, vehicles and structures.

Further, Devine Associates submits that all flights of the DJI Phantom 2 UAS, conducted by the PIC pursuant to the grant of this Petition: (1) will be inciden tal to Devine Associates business; and (2) will not carry passengers or property for compensation or hire.

2. Extent Of Relief Devine Associates Seeks And The Reason Devine Associates 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 Devine Associat es to determine that the DJI P hantom 2 UAS are in airworthy condition prior to every flight by ensuring that the UAS is in compliance with the operating11 documents (i.e., Devine Associates Aerial Operations Manual, Mo nthly Maintenance Log, and DJI Phantom 2 Instruction Manual).

Devine Associates seeks the reque sted relief because the DJI Ph antom 2 UAS do not require an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H. Therefore, Devine

Associates will ensure that the DJI Phantom 2 UAS are in airwor thy condition based upon its compliance with the operating documents (i.e., Monthly Maintena nce Log, and DJI Phantom 2) prior to every flight, and furthe r, determine that the aircraft are in condition for safe flight, as

stated in the conditions and limitations below.

3. Extent Of Relief Devine Associates Seeks And The Reason Devine Associates 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 3 UAS, which utilize a barometric pressure sensor, GPS equipment, and a radio communica tions telemetry data link to do wnlink altitude information from the UA to the PIC at the gr ound control station (GCS). Sin ce the FAA requires that any altitude information concerning UAS operations be reported to a ir traffic control (ATC) in feet above ground level (AGL), Devin e Associates seeks the requested relief because the DJI Phantom 2 UA’s altimeter may be set on the ground to zero feet AGL, rather than the local barometric pressure or field altitude, before each flight.

Considering the limited altitude of the proposed operations, re lief from 14 CFR 91.121 is sought to the extent necessary to comply with the applicable condition s and limitations stated below. As more fully set forth herein, an equivalent level of safety will be maintained since the DJI Phantom 2 UAS are equipped with a barometric pressure sensor an d GPS equipment, which automatically ensures that a gr ound level pressure setting will be established prior to each flight, and provides the PIC with altitude information of the UA on the heads-up display of the GCS.

4. Extent Of Relief Devine Associates Seeks And The Reason The Devine Associates Seeks Relief From Section 91.151(b).

Relief from Section 91.151(b) entitled Fuel requirements for fl ight in VFR conditions, is requested to the extent required to allow flights of the batter y powered DJI Phantom 3 UAS during daylight hours in visual meteorological conditions (VMC) , under visual flight rules (VFR), for a total duration of 23 minutes. Devine Associates se eks the requested relief because without an exemption from Section 91.151(b), the flight time du ration of the battery powered DJI Phantom 3 UAS will severely constrain the practicality of a ny aerial video or still photo flight operations that Devine A ssociates proposes to conduct pu rsuant to this Petition.

Significantly, as set forth below , the technical specifications of the DJI Phantom 2 UAS, the DJI Phantom 3 operating documents, and Devine Associates proposed o perating limitations, ensure that Devine Associates will safely operate the battery powered DJI Phantom 2 UAS during12 daylight hours in visual meteorological conditions (VMC), under visual flight rules (VFR), with enough battery power to fly for a t otal duration of 23 minutes.

5. Extent Of Relief Devine Associates Seeks And The Reason Devine Associates Seeks Relief From Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), A nd 91.417(a) & (b).

Since Sections 91.405(a), 91.407(a) (1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b) only apply to

aircraft with an airworthiness certificate, Devine Associates r equests relief from these Sections

because the DJI Phantom 2 UAS do not require airworthiness cert ificates. As set forth more fully below, the DJI Phantom 2 UAS m eet the conditions of FMRA Sectio n 333 for operation without

an airworthiness certificate. Acco rdingly, Devine Associates wi ll use trained technicians to perform maintenance, alterations, or preventive maintenance on the UAS using the methods, techniques, and practices presc ribed in the UAS operating docum ents (i.e., Devine Associates Aerial Operations Manual, Monthly Maintenance Log, and DJI Phan tom 2 Instruction Manual). Furthermore, Devine Associates will document and maintain all m aintenance records for the DJI

Phantom 3 UAS.

D. The Reasons Why Granting Devine Associates Request Would Be In The Public Interest; That Is, How It Would B enefit The Public As A Whole.

Granting the present Petition will further the public interest by allowing Devine Associates to safely, efficiently, and economically perform aerial video and photography of construction sites, real estate, events and civic l andscape over certain areas of t he United States.

Additionally, use of the DJI Pha ntom 2 UAS will decrease conges tion of the NAS, reduce pollution, and provide significant benefits to the economy. Not ably, the benefits of The Devine Associates proposed operation of the DJI Phantom 2 UAS will be realized without implicating any privacy issues.

1. The Public Will Benefit From Decreased Congestion Of The NAS

. The DJI Phantom 2 UAS are battery powered and serve as a safe, efficient, and economical alternative to the manned aircraft traditionally utilized to ob tain aerial imagery. 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 aircra ft in the NAS, reduce noise and air pollution, as well as incr ease the safety of life and p roperty in the air and on the ground.

Furthermore, by reducing the number of manned aircraft operatin g in the NAS, congestion around airports caused by arriving and departing aircraft will be reduced. The DJI Phantom 2 UAS do not require an airport to takeoff or land. Likewise, a r eduction of manned aircraft conducting aerial video and photography missions would result i n fewer aircraft that must be13 handled by air traffic control during the ground, takeoff, depa rture, arrival, and landing phases of flight operations.

2. The Public Will Benefit From The Safety And Efficiency Of Th e DJI Phantom 2 UAS.

Conducting aerial acquisitions with the DJI Phantom 2 UAS, inst ead of manned aircraft, will greatly benefit the public by dras tically reducing the levels o f air and noise pollution generated during traditional aerial vid eo and still photography flight op erations. By using battery power and electric motors, the DJI P hantom 2 UAS produce no air pollu tion, and is the most viable environmentally conscious alternative to the cabin class, six c ylinder internal combustion engine aircraft that are typically util ized for aerial video and photo graphy, while burning approximately 20-30 gallons per hour of leaded aviation fuel. The DJI Phantom 2 UAS, while reducing the carbon footprint of aerial acquisi tions, also eliminates noise pollution, as the UAS are propelled by battery powered electric motors , rather than an internal com bustion engine.

By using the DJI Phantom 2 UAS to perform aerial acquisitions, the substantial risk to life and property in the air and on the gr ound, which is usually associa ted with traditional manned aircraft flight operations, will be substantially reduced or completely eliminated. Aside from the lack of flight crew members located onboard the aircraft, the DJI Phant om 2 UAS (weighing approximately 2.8 pounds at their maximum gross weight with dia gonal dimension of 23.2 inches, and with no fuel on boa rd), has less physical potential for collateral damage to life and property on the ground, and in the air, compared to the manned aircraft that typically conduct similar operations (weighing approximately 6,000 pounds with a wingspan of approximately 42 feet, a length of 34 feet, and a f uel capacity of 180 gallons).

3. Performing Aerial Video and Phot ography Operations With The DJI Phantom 2 UAS Will Benefit The Economy.

In addition to being safe and effi cient, the DJI Phantom 2 UAS are 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 Devine Associates, to remain competitive and contribute to growth of the U.S. economy . Specifically, with the rising cost of aviation fuel and the Environmental Protection Agency ( “EPA”) regulatory actions phasing out leaded aviation fuels, U.S. owned and operated comp anies must adopt new and alternative technology in order to remain competitive. Operatin g the battery powered DJI Phantom 2 UAS is one such technology that not only allows compa nies greater operational flexibility compared to manned aircraft, but provides such flex ibility without the high operational cost of a traditional manned aircraft.

By operating the DJI Phantom 2 UAS, companies such as Devine As sociates, can remain competitive and profitable, and therefore, provide greater job stability to employees and contractors, which will ultimately contribute to growth of the U.S. economy. Improved financial performance of U.S. companies, through commercial use of the DJ I Phantom 2 UAS, provides a stable workforce that increases consumer spending; improves loc al, state, and federal tax14 revenues; and allows companies to invest in research and develo pment in order to remain competitive both in the United States and abroad.

4. There Are No Privacy Issues.

Similar to the manned aerial acquisition flight operations that have been conducted for decades, Devine Associates proposed operation of the DJI Phantom 2 UAS w ill not implicate any privacy issues. Specifically, the DJI Phantom 2 UAS will be operated on ly in compliance with operating documents (i.e., Devine Associates Aerial Operations Manual, Mo nthly Maintenance Log, and DJI Phantom 2 Instruction Manual) which requires property owner involvement as well as local law enforcement notification, and in accordance with the Federa l Aviation Regulations, including the minimum altitude requirements of 14 C.F.R. § 91.1 19.

E. The Reasons Why Granting The Exemption Would Not Adversely A ffect Safety, Or How The Exemption Would Provide A Level Of Safety At Least Equa l To That Provided By The Rule From Which Devine Associates Seeks Exemption.

1. Reasons Why The DJI Phantom 2 UAS Meet The Conditions Of The FAA Modernization and Reform Act of 2012 (FMRA) Section 333.

In consideration of the size, weight, speed, and limited operat ing area associated with the unmanned aircraft and its operati on, Devine Associates operatio n of the DJI Phantom 2 UAS meet the conditions of FMRA Section 333, and will not require a n airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H.

Section 333 provides authority for a UAS to operate without air worthiness certification and sets forth requirements for consider ing whether a UAS will create a hazard to users of the NAS or the public, or otherwise pose a threat to national security. Specif ically, FMRA Section 333 states the following, in part:

(a) In General.--Notwithstanding any other re quirement of this su btitle, and not later than 180 days after the date of enactment of this Act, th e Secretary of Transportation shall determine if certain unmanned aircra ft systems may operate safely in the national airspace system before completion of the plan and rule making required by section 332 of this Act or the guidance re quired by section 334 of this Act.

(b) Assessment of Unmanned Aircraft Syst ems.--In making the determination under subsection (a), the Secretary shall determine, at a minimum--

(1) which types of unmanned aircraft syst ems, 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 th e public or pose a threat to national security; and15 (2) whether a certificate of wai ver, certificate of authorization, or airworthiness certificati on under section 44704 of ti tle 49, United States Code, is required for the operation of unmanned aircraft systems identified under paragraph (1).

(c) Requirements for Safe Operation.--If the Secretary determines under this section that certain unmanned aircraft systems may operate safely in the national airspace system, the Secretary shall establish requi rements for the safe operation of such aircraft systems in the national airspace system.

In seeking this exemption, Devine Associates submits that the D JI Phantom 2 UAS can operate safely in the NAS pursuant to FMRA Section 333, as demonstrated by: (a) the characteristics of the DJI Phantom 2 UAS; (b) the pi lot certification requirement; and (c) the specific operating

limitations.

a. The Specifications Of The DJI Phantom 2 UAS Demonstrate Its Safe Characteristics.

The DJI Phantom 2 UAS does not cre ate a hazard to users of the NAS or the public, or otherwise pose a threat to national securit y considering its size, weight , speed, and operational capability.

i. Technical Specifications Of The DJI Phantom 2 UAS.

The technical specifications of the DJI Phantom 3 UAS are set f orth by the DJI Phantom 3 User Manual, attached hereto as Appendix A.

ii. The DJI Phantom 2 UAS Global Positioning Modes Enable The U AS To Remain Within A Defined Operational Area.

The DJI Phantom 2 UAS may be operated in both manual and global positioning flight modes. A complete description of the flight and navigational modes of th e DJI Phantom 2 UAS is provided at pages 11 of the DJI Phantom 2 U ser Manual attached hereto as Appendix A.

iii. The DJI Phantom 2 UAS Are Desi gned For Automatic Return To Home Point

Or Hover In The Event Of Loss Of The Control Link Or Navigation

.
When the Control Link is lost, the DJI Phantom 2 UAS will remai n stationary, in flight, for 3 seconds or more. If, after 3 seconds, the DJI Phantom 2 UAS doe s not reacquire control link data from the GCS, the UAS will assume that the Control Link is lost and the will return to the home position (i.e., failsafe mode) via GPS, and will descend to the takeoff position and shutdown.

A complete description of the Failsafe Functions of the DJI Pha ntom 2 UAS are set forth at pages 12 through 14 of the DJI Phant om 2 User Manual, attached hereto as Appendix A.

iv. The DJI Phantom 2 GCS And Its Operation.

A complete description of the ope ration and specifications of t he DJI Phantom 2 GCS and flight control software is provided at pages 23 through 29 of the DJI Phantom 2 User Manual. DJI

Phantom 2 User Manual is a ttached hereto as Appendix A.16 b. Flight Operations Of DJI Phantom 2 UAS Is Limited To The Lin e Of Sight Of A

Certificated Pilot in Comma nd With A Safety Observer.

Devine Associates video production staff will be the only perso ns to act as a pilot in command (PIC) of the DJI Phantom 2 UAS. Additionally, a safety observer will assist him at all times during flight time.

c. Flights Of DJI Phantom 2 UAS Will Be Conducted Pursuant To S pecific Operating

Limitations.

In seeking this exemption, Devine Associates proposes to commer cially operate DJI Phantom 2 UAS for the special purpose of conducting aerial video and phot ography over certain areas of United States, pursuant to the f ollowing specific operating lim itations.

1. Operations authorized by this grant of exemption will be lim ited to the following aircraft described in the operating documents, rotorcraft UAS w eighing less than 55 pounds maximum gross weight: DJI Ph antom 2 Unmanned Aircraft Sy stems. Proposed operations of any other aircraft will require a new pe tition or a petition to amend this grant.

2. UAS operations under this exemption will be limited to condu cting operations for the purpose of aerial video and photography.

3. The UAS may not be flown at an indicated airspeed exce eding 20 knots.

4. The UA must be operated at a n altitude of no more than 400 f eet above ground level (AGL), as indicated by the procedures specified in the operatin g documents unless a special request is made and approved by ATC. All altitudes repo rted to ATC must be

in feet AGL.

5. The UAS must be operated within visual line of sight (VLOS) of the PIC at all times. This requires the PIC to be able to use human vision una ided by any device other than corrective lenses, as specified on the PIC’s FAA-iss ued airman medical

certificate.

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

7. All operations must utilize a safety observer (SO). The SO m ay be used to satisfy the VLOS requirement as long as the PIC always maintains VLOS c apability. The SO and PIC must be able to communicate verbally at all times. Elec tronic messaging or texting is not permitted during flight operations. The PIC must be designated before the flight and cannot transfer his or her designation for the d uration of the flight. The PIC must ensure that the SO can perform the functions prescribe d in the operating

documents.17 8. The SO must not perform any other duties beyond assisting th e PIC with seeing and avoiding other air traffic and other ground based obstacles/obs tructions and is not permitted to operate the camera or other instruments.

9. The operating documents and the grant of exemption must be a ccessible during UAS operations and made available to the Administrator upon req uest. If a discrepancy exists between the conditions and limitations conta ined in the grant of exemption and the procedures out lined in the operating document s, the conditions and limitations contained in the grant of exemption take precedence and must be followed. Otherwise, the operator must follow the procedures as outlined in its operating documents. The operator may update or revise its operating docu ments. It is the operator’s responsibility to track such revisions and present u pdated and revised documents to the Administrator upon request. The operator must also present updated and revised documents if it peti tions for extension or amendmen t to the grant of exemption. If the operator dete rmines that any update or revisi on would affect the basis upon which the FAA granted the exemption, then the operat or 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 revisi ons to the operating

documents.

10. Prior to each flight the PIC m ust inspect the UAS to ensure that it is in a condition for safe flight. If the inspection reveals a condition that aff ects the safe operation of the UAS, the aircraft is prohibi ted from operating until the ne cessary maintenance has been performed and the UAS is found to be in a condition for sa fe flight. The Ground

Control Station must be included in the preflight inspection. A ll maintenance and alterations must be properly docum ented in the aircraft records

. 11. Any UAS that has undergone maintenance or alterations that affect the UAS operation or flight characteristics, e.g. replacement of a flig ht 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 di screpancies, 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/co mponent, maintenance, overhaul, replacement, inspection, and life limit requirements.

14. The operator must carry out its maintenance, inspections, a nd record keeping requirements, in accordance with the operating documents. Maint enance, inspection, alterations, and status of replacement/overhaul component parts must be noted in the aircraft records, including total time in service, description of work accomplished, and the signature of the authori zed person returning the UAS to service.18 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 re cord of the corrective action taken against discrepanc ies discovered between inspectio ns.

17. The PIC must possess at least a private pilot certificate a nd at least a current thirdclass medical certificate or Drivers License.

18. The operator may not permit any PIC to operate unless the P IC 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 un der the exemption, including evasive and emergency maneuvers and maintaining appro priate distances from persons, vessels, vehicles and structures. PIC qualificati on flight hours must be logged in a manner consistent with 14 C.F.R. § 61.51(b). Flight s for the purposes of training the operator’s PICs are permitted under the terms of t he exemption. However, training operations m ay only be conducted during dedic ated training sessions. During training, profic iency, and experience-building flights, all persons not essential for flight operations are considered nonparticipants, and the PIC must operate the UA with appropriate distance from nonparticipants i n accordance with 14 C.F.R. § 91.119.

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

authorized.

20. The UA may not operate within 5 nautical miles of an airpor t 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 i s 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 whe n visibility is less than 3 sta tute miles from the PIC.

22. If the UA loses communicati ons 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 PIC must abort the fli ght in the event of unpredicted o bstacles or emergencies in accordance with the operating documents.19 24. The PIC is prohibited from b eginning a flight unless (consi dering wind and forecast weather conditions) there is enough power to fly at no rmal cruising speed to the intended landing point and l and the UA with 25% battery pow er remaining.

25. The operator must obtain an Air Traffic Organization (ATO) issued Certificate of Waiver or Authorization (COA) prior to conducting any operation s under the grant of exemption. This COA will also require the operator to request a Notice to Airman (NOTAM) not more than 72 hours in advance, but not less than 48 hours prior to the operation. All operations shall be conducted in accordance with airspace requirements in the ATO issued COA including class of airspace, altitude lev el 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 ha ve identification (NNumber) 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 Communicatio ns Commission (FCC) or other appropriate govern ment oversight agency requirem ents.

28. The documents required fewer than 14 C.F.R. 91.9 and 91.203 must be available

to the PIC at the Ground Contro l Station of the UAS any time th e UAS is operating.

These documents must be made available to the Administrator or any law enforcement official upon request.

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

30. The UAS may not be operated by t he PIC from any moving devi ce or vehicle.

31. Flight operations must be conducted at least 500 feet from all nonparticipating persons (persons other than the PIC, SO, operator trainees or e ssential persons), vessels, vehicles, and s tructures 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 pro tection. If a situation arises where nonparticipating persons leave such prot ection and are within 500 feet of the UA, flight operations must cease immedia tely and/or;

b. The aircraft is operated near v essels, vehicles or structure s where the owner/controller of such vessels, vehicles or structures has gr anted permission and the PIC has made a safety assessment of the risk of operati ng closer to those objects and determined tha t it does not present an undue hazard, and;

c. Operations nearer to the PIC, SO, operator trainees or essen tial persons do not present an undue hazard to those persons per § 91.119(a).20 32. All operations shall be conducted over private or controlle d-access property with permission from the land owner/controller or authorized represe ntative. 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 transgres ses the lateral or vertical boundaries of the operational area as defined by the applicable COA must be reported to the FAA's UAS Integration O ffice (AFS-80) within 24 hours. A ccidents must be reported to the National Transpor tation 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 Not Adversel y Affect Safety.

Devine Associates submits that the equivalent level of safety e stablished by Section 61.113(a) and (b) will be maintained because no PIC will be allowed to op erate the DJI Phantom 2 UAS unless that PIC has demonstrated, by meeting minimum flight-hou r and currency requirements, that the PIC is able to safely operate the DJI Phantom 2 UAS in a manner consistent with the exemption, including evasive and emergency maneuvers and mainta ining appropriate distances from people, vessels, vehicles and structures.

Considering Devine Associates proposed area of operations, and the operating limitations set forth-above; the parallel nature of private pilot aeronautical knowledge requirements to those of commercial pilot requirements (See Exemption No. 11062); and th e airmanship skills necessary to safely operate the DJI Phantom 2 UAS, Devine Associates subm its that the additional manned airmanship experience of a comme rcially certificated pilot woul d not correlate to the airmanship skills necessary for Devine Asso ciates specific proposed flight operations.

The FAA has previously granted relief from Section 61.113(a) an d (b) specific to UAS, in circumstances similar, in all material respects, to those prese nted herein (e.g. Exemption Nos. 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110, 11112, 11136, 11138, 11150, 11153, 11156, 11158, 11159, 11160, 11161).

Devine Associates will not allow any PIC to operate the DJI Pha ntom 2 UAS unless that PIC has demonstrated, by meeting minimum flight-hour requirements or th e DJI Phantom 2 UAS training and currency requirements, that the PIC is able to safely opera te the DJI Phantom 2 UAS in a manner consistent with this exemption, including evasive and em ergency maneuvers and maintaining appropriate distan ces from people , vessels, vehicle s and structures.

Specifically, the PIC must have accumulated and logged, in a ma nner consistent with 14 C.F.R. § 61.51(b), 25 hours of total time as a UAS rotorcraft pilot (wit h a minimum of 5 hours of those hours as a UAS pilot operating the same make and model of UAS t o be used for operations under the exemption). In addition to the hour requirements, the PIC m ust accomplish 3 takeoffs and landings in the preceding 90 days (for currency purposes).21 As in Exemption Nos. 11062, 11138, and 11153, prior documented flight experience that was obtained in compliance with appli cable regulations will ensure an equivalent level of safety during Devine Associates proposed operations. The Administrator has held that prior documented flight experience that was obtained in compliance wi th applicable regulations would ensure safe operations, stating as follows:

In Exemption No. 11062, the FAA required that prior to conducti ng operations for the purpose of motion picture filmi ng (or similar operations), the PIC must have accumulated and logged, in a manner consistent with 14 CFR 61.51(b), 25 hou rs of total time as a UAS rotorcraft pilot including at least 10 hours logged as a UA S pilot with a multi-rotor UAS. Prior to operations under Exemption No. 11062, the PIC mus t also have accumulated and logged a minimum of 5 hours as a UAS pilot oper ating 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 r ather 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 rotorcraf t time. In addition to the hour requirements, the PIC must accomplish 3 takeoffs and landi ngs 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 propose d operations. The FAA also finds that prior documented flight experience that was obtained in compliance with applicable regulations would sati sfy this requirement. Training , proficiency, and experience-building flights can also be conducted under the gra nt of exemption to accomplish the required flight time. During training, proficien cy, and experience-building flights the PIC is required to operate the UA with appropriate distances in accordance

with 14 C.F.R 91.119.

Exemption No. 11138 at page 15.

Accordingly, Devine Associates will ensure safe operations by n ot allowing any PIC to operate the DJI Phantom 2 UAS unless that PIC has demonstrated, by meet ing minimum flight-hour and currency requirements, that the P IC is able to safely operate t he DJI Phantom 2 UAS in a manner consistent with the exemption, including evasive and emergency maneuvers and maintaining appropriate distances from peopl e, vessels, vehicles and struct ures.

3. Reasons Why An Exemption From The Requirements Of Section 91 .7(a) Would Not Adversely Affect Safety.

The equivalent level of safety e stablished by Section 91.7(a) w ill be maintained because prior to every flight, Devine Associates will ensure that the DJI Phanto m 2 UAS is in an airworthy condition based upon the UAS’s com pliance with its operating do cuments and as stated in the

conditions and limitations herein.22 Additionally, the FAA has previously granted relief from Sectio n 91.7(a) specific to UAS, in circumstances similar, in all material respects, to those prese nted 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 by Section 91.121 wi ll be maintained because the altitude information of the DJI Phantom 3 UAS will be provided to the PIC via GPS equipment and a radio communications telemetry data link, which downlinks from the UA to the GCS for active monitoring of the flight p ath and altitude. This altitud e information, combined with Devine Associates operation of the DJI Phantom 2 UAS within vis ual line of sight, at or below 500 feet AGL, will ensure a level of safety equivalent to Secti on 91.121. The altitude information will be generated by GPS equipment installed onboar d the aircraft. Prior to each flight, a zero altitude initia tion point is automatically estab lished by the UAS at ground level.

The FAA has previously granted relief from Section 91.121 speci fic 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 s afety established by 14 C.F.R. Section 91.151(b) as a result of (1) the technical specificatio ns of the DJI Phantom 2 UAS; (2) the limitations on the proposed f light operations; and (3) the location of the proposed flight operations. Accordingly, Devine Associates will ensure that it will safely operate the battery powered DJI Phantom 3 UAS during daylight hours in VFR conditio ns, with enough battery power to fly for a total duration of 23 minutes.

Here, as in Exemption No. 11109, the technical specifications o f the DJI Phantom 3 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. S ection 91.151(b). Furthermore, safety will be ensured as the DJI Phantom 2 UAS provide audible and visual warnings to the PIC at the GCS when the UAS experiences low battery voltage, the fi rst warning occurring at approximately 33% remaining battery power, and again at approxi mately 10% remaining battery power. At the critically low battery level, the DJI Phantom 2 U AS will descend and land automatically.

Significantly, previous exemptions granted by the FAA concernin g Section 91.151 establish that safety is not adversely affected when the technical characteris tics and operating limitations of the23 UAS are considered. Relief has be en 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 prese nted herein (e.g. Exemption Nos. 8811, 10808, 10673, 11042, 11062, 11063, 11064, 11065, 11066, 1 1067, 11080, 11109, 11110, 11136, 11138, 11150, 11153, 11156, 11157, 11158, 11159, 11160, 11161).

6. Reasons Why An Exemption From The Requirements Of Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), And 91.417(a) & (b) Would Not Adversely Affect Safety.

In seeking this exemption, Devine Associates submits that the e quivalent level of safety with regard to the regulatory maintenance and alteration requirement s 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 Devine Associates will use trained technicians to perform maintenance, alterations, or preventive maintenance on the UAS using the methods, techniques, and pract ices prescribed in the operating documents (i.e., Devine Associates Aerial Operations Manual, Monthly Maintenance Log, and DJI Phantom 2 Instruction Manual). Furthermore, Devine Associates will document

and maintain all maintenance records for the DJI Phantom 2 UAS.

Since the DJI Phantom 3 UAS will be inspected as prescribed by the operating documents,

Devine Associates will maintain the equivalent level of safety established by Sections 91.405(a), 91.409(a)(1), and 91.409(a)(2). A co py of the DJI Phantom 3 Use r Manuals are attached hereto as Appendix A and B; a copy of the DJI Phantom 2 UAS Maintenanc e LOG is attached hereto as Appendix C.

Likewise, the exemption sought w ill not adversely affect safety because Devine Associates will use trained technicians to perform maintenance, alterations or preventive maintenance on the UAS using the methods, techniques , and practices prescribed by the operating documents.

Furthermore, the exemption sought would maintain an equivalent level of safety established by Sections 91.407, 91.417(a) and 91.417(b), because all maintenan ce of the DJI Phantom 3 UAS will be performed by trained technicians. Maintenance will be d ocumented and maintained utilizing the monthl y maintenance log.

Significantly, previous exemptions granted by the FAA concernin g Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2 ), and 91.417(a) & (b) establ ish that safety is not adversely

affected when the technical cha racteristics and operating limit ations of the UAS are considered.

In consideration of Devine Asso ciates proposed operating limita tions, the operating documents, and the technical aspects of the DJI Phantom 2 UAS, Devine Asso ciates submits that safety will not be adversely aff ected by granting exemp tion 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 pr eviously granted relief specific to UAS in circumstances similar, in all material respects, to t hose presented herein (e.g.24 Exemption Nos. 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110, 11112, 11136, 11138, 11150, 11153, 11156, 11157, 11158, 11159, 11160, 11161).

7. The FAA May Prescribe Any Other Conditions For Safe Operatio n.

In accordance with Section 333 of the FAA Modernization and Ref orm Act of 2012 (FMRA) and 14 C.F.R. § 21.16 entitled Sp ecial Conditions, Devine Assoc iates requests that the FAA prescribe special conditions for t he intended operation of the DJI Phantom 2 UAS, which contain such safety standards that the Administrator finds necessary to establish a level of safety equivalent to that established by 14 C.F.R. Part 21, Subpart H, and 14 C.F.R §§ 61.113(a) & (b), 91.7 (a), 91.121, 91.151(b), 91.405 (a), 91.407(a)(1), 91.409(a) (1) & (a)(2), and 91.417(a) & (b). Such special conditions will permit safe operation of the UAS f or the limited purpose of conducting aerial video and photogr aphy over certain areas of t he United States for compensation or hire. FMRA Section 333 sets forth the requireme nts 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 o perate without airworthiness certification in accordance with any requirements that must be established for the safe operation

of the UAS in the NAS.

Likewise, the Administrator may prescribe special conditions pu rsuant to 14 C.F.R. § 21.16, for operation of the DJI Phantom 2 UAS, since the airw orthiness regulations of 14 C.F.R. Part 21 do not contain adequate or appropriate safety st andards, due to the novel or unusual design features of the aircraft. Section 21.16, entitle d Special Conditions, states the following:

If the FAA finds that the airworthiness regulations of this sub chapter do not contain adequate or appropriate safety st andards for an aircraft, aircr aft engine, or propeller because of a novel or unusual design feature of the aircraft, a ircraft engine or propeller, he prescribes special conditions a nd amendments thereto for the product. The special conditions are issued in accordance with Part 11 of this chapte r and contain such safety standards for the aircraft, aircraft engine or propeller as the FAA finds necessary to establish a level of safety equiva lent to that established in t he 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 L eading Edge’s intended operat ion of the DJI Phantom 2 UAS, which contain such safety standa rds that the Administrator find s necessary to establish a level of safety equivalent to that established by 14 C.F.R. Part 21, Sub part H, and 14 C.F.R Sections 61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407( a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b).

• A Summary That Can Be Published In The Federal Register, st ating: The Rules From Which Devine Associates Seeks Exemption:25 Devine Associates 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 Natu re Of The Exemption Devine Assoc iates Seeks:

This exemption will pe rmit Devine Associates to commercially operate an Unmanned Aircraft System (UAS) for the purpose of conducting aerial video and photography over certain areas of the United States.

•Any Additional Information, Views, Or Arguments Available To S upport Devine Associates Request.

This Petition is made pursuant t o the FAA Modernization and Ref orm Act of 2012

(FMRA) Section 333, which directs the Secretary of Transportati on to determine if certain UAS may operate safely in the NAS. As such, Devine & Associates req uest for exemption may be granted pursuant to the aut hority of FMRA Section 333 and 14 C. F.R. Part 11, as set forth above.

FMRA Section 333 sets forth the requirements for considering wh ether a UAS will create a hazard to users of the NAS or the public, or otherwise pose a t hreat to national security; and further, provides the authorit y for such UAS to operate without airworthiness certification.

As discussed in detail above, Devine Associates will operate th e DJI 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, Devine Associates seeks an exemption pursu ant to 14 C.F.R. § 11.61 and

Section 333 of the FAA Modernizati on and Reform Act of 2012 (FM RA), which will permit safe operation of the DJI Phantom 3 UAS commercially, without an air worthiness certificate, for the limited purpose of conducting aerial video and photography over certain areas of the United States. By granting this Petition, the FAA Administrator will b e fulfilling the Congressional mandate of the FAA Modernization and Reform Act of 2012, while also advancing the interests of the public, by allowing Devine Associates to safely, efficie ntly, and economically operate the DJI Phantom 2 UAS commercially within the NAS.

WHEREFORE , in accordance with the Federal Aviation Regulations and the F AA Modernization and Reform Act of 2012, Section 333, Devine Assoc iates respectfully requests that the Administrator grant this Petition for an exemption fro m 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 Leading Edge to operate the DJI Phantom 2 UAS commercially for the purpose of c onducting aerial video and pho tography over certain areas of

the United States.

Dated: June 28, 201526 Respectfully submitted,

Jeff Devine

Owner
Jeff Devine d/b/a Devine & Associates
1243 Woodlands Way

Helena, Alabama 35080

devineassociates@hotmail.com

Appendices :

A – Link to DJI Phantom 2 Manual: Click on link below

http://www.dji.com/product/phantom-2-vision-plus/download