1 Oct, 22 2015

Attn: U. S. Department of Transportation Docket Operations West Building Ground Floor, Room w12

- 140 1200 New Jersey Ave, SE Washington, DC 20590

RE: RIDDICK MEDIA AND MARKETING REQUEST AN EXEMPTION FROM THE REQUIREMENTS OF TITLE 14 OF TH E 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 UNMANNED AIRCRAFT SYSTEMS PURSUANT TO SECTION 333 OF

TH E FAA MODERNIZATION AND REFORM ACT OF 2012 (PUBLIC LAW 112

- 95)

Chris Riddick

Owner Riddick Media and Marketing , LLC 2004	Wards	Ferry	Rd.	Unit	2 Lynchburg,	VA	24502
434.382.9684 cjriddick@gmail.com2 **TABLE OF CONTENTS**

Page

GLOSSARY OF ABBREVIA TIONS...................................................................................3

SUMMARY...................................................................................................................... .....4

INTRODUCTION AND INTERESTS 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 RIDDICK MEDIA AND

MARKETING SEEKS

EX EMPTION............................................................................................................7

THE EXTENT OF RELIEF RIDDICK MEDIA AND MARKETING SEEKS AND THE

REASON RIDDICK MEDIA AND MARKETING SEEKS THE

RELIEF.............................. ................................10

THE REASONS WHY GRANTING RIDDICK MEDIA AND MARKETING’S REQUEST

WOULD BE IN THE PUBLIC INTEREST

............................................................................................12

THE REASONS WHY GRANTING THE EXEMP TION TO RIDDICK MEDIA AND

MARKETING WOULD NOT ADVERSELY AFFECT

SAFETY..............................................................14

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

ANY ADDITIONAL INFORMATION, VIEWS, OR ARGUMENT S AVAILABLE TO

SUPPORT RIDDICK MEDIA AND MARKETING’S REQUEST..................................................25

CONCLUSION................................................................................................................... ..25

APPENDICES......... ................................................................................ 263 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 Authori zation

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

PIC Pilot In Command

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

SO Safety Observer

SOP Standard Operating Procedures

UA Unmanned Aircraft

UAS Unmanned Aircraft System

VFR Visual Flight Rules

VLOS Visual Line of Site

VMC Visual Meteorological Co nditions

VTOL Vertical Takeoff and Landing4 **SUMMARY**

RIDDICK MEDIA AND MARKETING seeks exemption from the requirements of 14 C.F.R §§ 61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b), to operate an Unmanned Aircraft System ( DJI Phantom 2) pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (FMRA). This exemption will permit RIDDICK MEDIA AND MARKETING to operate an Unmanned Aircraft System (UAS) for the

commerci al purpose of conducting aerial video and photography of construction sites, residential and commercial real estate, civil landscapes and events over certain areas of the United States.

**INTRODUCTION AND INTERESTS OF THE PETITIONER**

The leadership of Riddic k Media and Marketing (Chris Riddick) has over ten years of experience providing clients and employers wi th media, marketing, technology and consulting services. This includes private sector businesses, non

- profits, higher education institutions and local
governments. Chris Riddick and Riddick Media and Marketing have a perfect safety record and hold safety and quality to the highest standards. The objective of Riddick Media and Marketing and our Unmanned Aircraft System ( DJI Phantom 2) aerial operations is to provide affordable, high

- quality productions for a variety of governmental, commercial, public, and residential uses, specifically targeting

• Construction sites

• Real

- estate marketing

• Economic development

• Civic landmarks

• Special event coverage

• Natural E nvironments

We	have safely	flown	small	RC	electric	quadcopters		recreationally	for	2 + years	without

incident.5 **BACKGROUND**

Unmanned Aircraft Systems: DJI Phantom 2 , UAS

RIDDICK MEDIA AND MARKETING seeks an exemption to operate the DJI Phantom 2
system for compensation or hire w ithin the NAS. The DJI Phantom 2 is vertical takeoff and landing (VTOL) Unmanned Aircraft (UA) with a Ground Control Station (GCS) utilizing electronic tablet or smart phone systems. The DJI Phantom 2 has a maximum g ross we ight of approximately 3 lb. while having a n approximate diagonal dimension of 23 ”, a maximum speed of approximately 33mph and a digitally restricted maximum flying h eight of 400'. The DJI

Phantom 2 is equipped with four main rotors; driven by Lithium Polyme r battery powered

electric motors.

The DJI Phantom 2 that will be operated by RIDDICK MEDIA AND MARKETING 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 ac cordance with 14 C.F.R. Part 45, Identification and Registration Marking

.

**BASIS FOR PETITION**

Petitioner, RIDDICK MEDIA AND MARKETING , pursuant to the provisions of the Federal 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 , hereby petitions

the Administrator to commer cially operate the DJI Phantom 2 , UAS in the National Airspace System (NAS), and for an exemption from the requirements of 14 C.F.R §§ 61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b).

In consideration of the speed, weight, size, and limited operating area associated with the unmanned aircraft and its operation, RID DICK MEDIA AND MARKETING operation of DJI

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.

Accordingly, RIDDICK MEDIA AND MARKETING request s relief from Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b), as these sections set forth requirements for maintenance that only apply to aircraft with an airworthiness certificate.

RIDDICK MEDIA AND MARKETING submits that th e requested relief is proper since an equivalent level of safety will be ensured. RIDDICK MEDIA AND MARKETING will use experienced personnel or technicians to perform maintenance, alterations, or preventive maintenance on the UAS using the methods, techniq ues, and practices prescribed in the operating documents (i.e., Monthly Main tenance Log, and DJI Phantom 2 In struction Manual). Furthermore, RIDDICK MEDIA AND MARKETING will document and maintain all

maintenan ce records for the DJI Phantom 2 UAS.6 Relief f rom certain requirements of Section 61.113(a) and (b), entitled Private pilot privileges

and limitations: Pilot in command , is requested by RIDDICK MEDIA AND MARKETING to the extent necessary to allow a Pilot in Command (PIC) holding a private pilot or hig her level certificate, as well as an airman medical certificate, and who has demonstrated, by meeting minimum flight

- hour and currency requirements, that the PIC is able to safely operate the DJI Phantom UAS in a manner consistent with this exemption, inc luding evasive and emergency maneuvers and maintaining appropriate distances from people, vessels, vehicles and structures.

The RIDDICK MEDIA AND MARKETING seeks relief from Section 91.7(a), entitled Civil aircraft airworthiness

, because the DJI Phantom 2 UAS do not require an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H. As such, RIDDICK MEDIA AND

MARKETING submits that they wi ll ensure that the DJI Phantom 2 UAS is in an airworthy condition, prior to every flight, by determin ing that the UAS are in compliance with the operating documents (i.e., Monthly Ma intenance Log, and DJI Phantom 2 Instruction Manual), and that the aircraft are in a condition for safe flight.

RIDDICK MEDIA AND MARKETING also seeks an exemption from the r equirements of Section 91.121, entitled Altimeter Settings , as the DJI Phantom 2 UAS will not have a typical barometric altimeter onboard. However, altitude information of the DJI Phantom 2 UAS will be provided to the PIC via Global Positioning System (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 RIDDICK MEDIA AND MARKETING ’ s operation of the DJI Phantom 2 UAS within visu al line of sight, at or below 400 feet AGL, will ensure a level of safety equivalent to Section 91.121.

Additionally, RIDDICK MEDIA AND MARKETING seeks an exemption from the requirements of Section 91.151(b), entitled Fuel requirements for flight in VFR c onditions

. RIDDICK MEDIA AND MARKETING submits that safety will not be affected b y operation of

the DJI Phantom 2 UAS during daylight hours in visual meteorological conditions (VMC) under visual flight rules (VFR), with enough battery power to fly for a to tal duration of approximately 23 minutes. Battery power indicators are also able to show exactly how much battery power is left, as well as how much time is needed to return safely back to point of take off.

In accordance with 14 C.F.R. § 11.81, RIDDICK M EDIA AND MARKETING 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:

Chris Riddick

Owner Riddick Media and Marketing

2004	Wa rds	Ferry	Rd	Unit	2 Lynchburg,	VA.	245027 434.382.9684 cjriddick@gmail.com

**B. The Specific Sections Of 14 C.F.R. From Which** RIDDICK MEDIA AND MARKETING **Seeks Exemption.**

**1.** RIDDICK MEDIA AND MARKETING **Seeks Exemption From The Requirements Of**

**Sectio n 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 (PIC) of an aircraft that is carrying passengers or property for compensation or hire; nor may that person, for compensation or hire, act as PIC of an aircraft.

(b) A private pilot may, for compensation or hire, act as PIC of an aircraft in

connection wi th any business or employment if

—
(1) The flight is only incidental to that business or employment; and

(2) The aircraft does not carry passengers or property for compensation or hire.

**2.** RIDDICK MEDIA AND MARKETING **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 airworthy condition.

**3.** RIDDICK MEDIA AND MARKETING **Seeks Exemption From The Re quirements Of** 

**Section 91.121.**

Section 91.121, entitled Altimeter settings , subsection (a), states the following, in part:8 (a) Each person operating an aircraft shall maintain the cruising altitude or flight level of that aircraft, as the case may be, by reference to an altimeter that is set, when operating

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

--
(i) The current reported altimeter setting of a station along the route and within 100 nautical miles of the aircraft;

(ii) If there is no station within the area pr escribed in paragraph (a)(1)(i) of this section, the current reported altimeter setting of an appropriate available station; or

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

**4.** RIDDICK MEDIA AND MARKETING **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 min utes.

**5.** RIDDICK MEDIA AND MARKETING **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 insp ected 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.** RIDDICK MEDIA AND MARKETING **Seeks Exempti on 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 m aintenance, preventive maintenance, rebuilding, or alteration unless

--9 (1) It has been approved for return to service by a person authorized under § 43.7 of this chapter[.]

**7.** RIDDICK MEDIA AND MARKETING **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 h ad

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

(2) An inspection for the issuance of an airworthiness certificate in accordance

wi th part 21 of this chapter.

**8.** RIDDICK MEDIA AND MARKETING **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 perfor med in accordance with §§ 91.411 and 91.413, each registered owner or operator shall keep the following records for the periods specified in paragraph (b) of this section:

(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) The signature, and certificate number of the person approving the aircraft

for return to service.

(2) Records cont aining 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.10 (iii) The time since l ast overhaul of all items installed on the aircraft which are required to be overhauled on a specified time basis.

(iv) The current inspection status of the aircraft, including the time since the last inspection required by the inspection program under wh ich 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 AD or safety

directive number and revision date. If the AD or s afety directive involves recurring action, the time and date when the next action is required.

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

(b) The 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 yea r after the work is performed.

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

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

(3) A list of defects furnished to a registered owner or operator under § 4 3.11 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** RIDDICK MEDIA AND MARKETING **Seeks And The Reason**

RIDDICK MEDIA AND MARKETING **Seeks The Relief.**

**1. Extent Of Relief**  RIDDICK MEDIA AND MARKETING **Seeks And The Reason**

RIDDICK MEDIA AND MARKETING **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 t he extent necessary to allow a PIC holding a private pilot or higher level certificate, as well as a current and valid airman medical certificate, and who has met certain flight

- hour and currency requirements, to conduct the proposed UAS flight operations for compensation or hire.11 This relief is requested since the limitations set forth in Section 61.113(a) and (b) state that a private pilot may, for compensation or hire, act as PIC of an aircraft in connection with any business or employment if: (1) The f light is only incidental to that business or employment; and (2) The aircraft does not carry passengers or property for compensation or hire.

As set forth more fully below, RIDDICK MEDIA AND MARKETING submits that an equivalent level of safety will be mai ntained because no PIC will be allo wed to operate the DJI

Phantom 2 UAS unless that PIC has met certain flight

- hour and currency requirements, demonstrating that the PIC is able to safely operate either the DJI Phantom 2 UAS in a manner

consistent with the operations specifications as described in this exemption, including evasive and emergency maneuvers, as well as maintaining appropriate distances from people, vessels,

vehicles and structures.

Further, RIDDICK MEDIA AND MARKETING submits that all flights of the DJI Phantom 2 UAS, conducted by the PIC pursuant to the grant of this Petition: (1) will be incidental to

RIDDICK MEDIA AND MARKETING ’s business; and (2) will not carry passengers or property for compensation or hire.

**2. Extent Of Relief** RIDDICK M EDIA AND MARKETING **Seeks And The Reason**

RIDDICK MEDIA AND MARKETING **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 RIDDICK MEDIA AND MARKETING to determine that the DJI Phantom 2 UAS are in airworthy condition prior to every flight by ensuring that the UAS is in compliance

with the operating documents (i.e., Monthly Ma intenance Log, and DJI Phantom 2 Instruction Manual).

RIDDICK MEDIA AND MARKETING seeks th e requested relie f because the DJI Phantom 2 UAS do not require an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H. Therefore, RIDDICK MEDIA AND MARKETING wi ll ensure that the DJI Phantom 2 UAS are in airworthy condition based upo n its compliance with the operating documents (i.e., Monthly

Ma intenance Log, and DJI Phantom 2 ) prior to every flight, and further, determine that the aircraft are in condition for safe flight, as stated in the conditions and limitations below.

**3. Extent Of Relief**  RIDDICK MEDIA AND MARKETING **Seeks And The Reason The**

RIDDICK MEDIA AND MARKETING **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, whi ch utilize a barometric pressure sensor, GPS equipment, and a radio communications telemetry data link to downlink altitude information from the UA to the PIC at the ground control station (GCS). Since the FAA requires that any

altitude information concern ing UAS operations be reported to air traffic control (ATC) in feet above ground level (AGL), RIDDICK MEDIA AND MARKETING seeks the requested relief12 because the DJI Phantom 2 UA’s altimeter may be set on the ground to zero feet AGL, rather

than the local b arometric 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

mo re fully set forth herein, an equivalent level of safety will be ma intained since the DJI

Phantom 2 UAS are equipped with a barometric pressure sensor and GPS equipment, which automatically ensures that a ground level pressure setting will be established p rior 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** RIDDICK MEDIA AND MARKETING **Seeks And The Reason The**

RIDDICK MEDIA AND MARKETING **Seeks Relief From Section 91.151(b).**

R elief from Section 91.151(b) entitled Fuel requirements for flight in VFR conditions , is requested to the extent required to allow flights of t he battery powered DJI Phantom 2 UAS during daylight hours in visual meteorological conditions (VMC), under visua l flight rules (VFR), for a total duration of 23 minutes. RIDDICK MEDIA AND MARKETING seeks the requested relief because without an exemption from Section 91.151(b), the flight time duration

of t he battery powered DJI Phantom 2 UAS will severely constrain the practicality of any aerial video or still photo flight operations that RIDDICK MEDIA AND MARKETING proposes to conduct pursuant to this Petition.

Significantly, as set forth below, the technical specifications of the DJI Phantom 2 UAS, the DJI

Phantom 2 operating documents, and RIDDICK MEDIA AND MARKETING ’s proposed operating limitations, ensure that RIDDICK MEDIA AND MARKETING will safely operate t he battery powered DJI Phantom 2 UAS during daylight hours in visual meteorological conditions (VMC), und er visual flight rules (VFR), with enough battery power to fly for a total duration of

23 minutes.

**5. Extent Of Relief** RIDDICK MEDIA AND MARKETING **Seeks And The Reason**

RIDDICK MEDIA AND MARKETING **Seeks Relief From Sections 91.405(a), 91.407(a)(1),**

**91.409 (a)(1) & (a)(2), And 91.417(a) & (b).** 

Since Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b) only apply to aircraft with an airworthiness certificate, RIDDICK MEDIA AND MARKETING requests relief

from these Se ctions because the DJI Phantom 2 UAS do not require airworthiness certificates. As set forth more fully below, the DJI Phan tom 2 UAS meet the conditions of FMRA Section 333 for operation without an airworthiness certificate. Accordingly, RIDDICK MEDIA AND

MARKETING will use trained technicians to perform maintenance, alterations, or preventive maintenance on the UAS using the methods, techniques, and practices prescribed in the UAS operating documents (i.e., the Flight Log, Monthly Ma intenance Log, and DJI Phantom 2

Instructi on Manual). Furthermore, The RIDDICK MEDIA AND MARKETING will document

and maintain all maintenan ce records for the DJI Phantom 2 UAS.13 **D. The Reasons Why Granting** RIDDICK MEDIA AND MARKETING **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 by allowing RIDDICK MEDIA

AND MARKETING to safely, efficiently, and economically perform aerial video and photography of constructio n sites, real estate, events, civic landscape and natural environments

over certain areas of the United States.

Additi onally, use of the DJI Phantom 2 UAS will decrease congestion of the NAS, reduce pollution, and provide significant benefits to the economy. Notably, the benefits of RIDDICK

MEDIA AND MARKETING ’s 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 obtain aerial imagery. By reducing the amount of manned aircraft needed to perform aerial acquisitions, an exemption all owing 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 increase the safety of life and property in the air and on the ground.

Furthermore, by reducing the number of manned aircraft operating in the NAS, congestion

aro und airports caused by arriving and departing aircraft will be reduced. The DJI Pha ntom 2 UAS do not require an airport to takeoff or land. Likewise, a reduction of manned aircraft conducting aerial video and photography missions would result in fewer airc raft that must be handled by air traffic control during the ground, takeoff, departure, arrival, and landing phases of flight operations.

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

Conducting aerial acq uisitions w ith the DJI Phantom 2 UAS, instead of manned aircraft, will greatly benefit the public by drastically reducing the levels of air and noise pollution generated during traditional aerial video and still photography flight operations. By using battery power

a nd el ectric motors, the DJI Phantom 2 UAS produce no air pollution, and is the most viable environmentally conscious alternative to the cabin class, six cylinder internal combustion engine aircraft that are typically utilized for aerial video and photograp hy, while burning approximately

20

- 30 gallons per hour of leaded aviation fuel. The DJI Phantom 2 UAS, while reducing the carbon footprint of aerial acquisitions, also eliminates noise pollution, as the UAS are propelled by battery powered electric motors, rather than an internal combustion engine.14 By using the DJI Phantom 2 UAS to perform aerial acquisitions, the substantial risk to life and property in the air and on the ground, which is usually associated with traditional manned aircraft flight operatio ns, will be substantially reduced or completely eliminated. Aside from the lack of flight crew members located onboard the aircraft, the DJI Phantom 2 UAS (weighing approximately 2.5 pounds at their maximum gross weight with diagonal dimension of 23 inches

, and with no fuel on board), has less physical potential for collateral damage to life and property on the ground, and in the air, compared to the manned aircraft that typically conduct similar operations (weighing approximately 6,000 pounds with a wingsp an of approximately 42 feet, a length of 34 feet, and a fuel capacity of 180 gallons).

3. Performing Aerial Video and Photography O perations With The DJI Phantom 2 UAS Will Benefit The Economy.

In addition to being safe and efficient, the DJI Phantom 2 U AS 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 RIDDICK MEDIA

AND MARKETING , to remain competitive and contribut e to growth of the U.S. economy. Specifically, with the rising cost of aviation fuel and the Environmental Protection Agency (“EPA”) regulatory actions phasing out leaded aviation fuels, U.S. owned and operated companies must adopt new and alternative tech nology in order to remain competitive. Operating

t he battery powered DJI Phantom 2 UAS is one such technology that not only allows companies greater operational flexibility compared to manned aircraft, but provides such flexibility without the high operati onal cost of a traditional manned aircraft.

By operating the DJI Phantom 2 UAS, companies such as RIDDICK MEDIA AND

MARKETING , can remain competitive and profitable, and therefore, provide greater job stability to employees and contractors, which will ult imately contribute to growth of the U.S. economy. Improved financial performance of U.S. companies, through com mercial use of the

DJI Phantom 2 UAS, provides a stable workforce that increases consumer spending; improves local, state, and federal tax revenu es; and allows companies to invest in research and development in order to remain competitive both in the United States and abroad.

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

RIDDICK MEDIA AND MARKETING ’s propose d operation of the DJI Phantom 2 UAS will not implic ate any privacy issues. Specifically, the DJI Phantom 2 UAS will be operated only in compliance with operating documents (i.e., Monthly Ma intenance

, Flight Log , and DJI Phantom 2 Instruction Manual) , and in accordance with the Federal Aviation Regulations, including the minimum altitude requirements of 14 C.F.R. § 91.119.

**E. The Reasons Why Granting The Exemption Would Not Adversely Affect Safety, Or How The Exemption Would Provide A Level Of Safety At Least Equal To That Provided**  **By The Rule From Which** RI DDICK MEDIA AND MARKETING **Seeks Exemption.**15 **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 operating area associated wit h the unmanned aircraft and its operation, RIDDICK MEDIA AND MARKETING operation of the

DJI Phantom 2 UAS meet the conditions of FMRA Section 333, and will not require an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H.

Section 3 33 provides authority for a UAS to operate without airworthiness certification and sets forth requirements for considering whether a UAS will create a hazard to users of the NAS or the public, or otherwise pose a threat to national security. Specifically, FMRA Section 333 states the following, in part:

(a) In General.

-- Notwithstanding any other requirement of this subtitle, and not later than 180 days after the date of enactment of this Act, the Secretary of Transportation shall determine if certain unmann ed 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 m aking 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 certifica tion under section 44704 of title 49, United States Code, is required for the operation of unmanned aircraft systems identified under paragraph (1).

(c) Requirements for Safe Operation.

-- If the Secretary determines under this section

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

In seeking this exemption, RIDDICK MEDIA AND MARKETING submit s that the DJI

Phantom 2 UAS can operate safely in the NAS pursuant to FMRA Section 333, as demonstrated by: (a) the characteristics of the DJI Ph antom 2 UAS; (b) the pilot certification requirement; and (c) the specific operating limitations.

**a. The Spec ifications Of The**  DJI Phantom 2 UAS **Demonstrate Its Safe Characteristics.**

The DJI Phantom 2 UAS does not create a hazard to users of the NAS or the public, or otherwise pose a threat to national security considering its size, weight, speed, and operational capability.16 **i. Technical Specifications Of The** DJI Phantom 2 **UAS.**

The technical spe cifications of the DJI Phantom 2 UAS are set forth by the DJ I Phantom 2 User Manual, attached hereto as Appendix A.

**ii. The** DJI Phantom 2 UAS **Global Positioning Modes En able The UAS 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 navigat ional modes of the DJI Phantom 2 UAS is provided

in the DJI Phantom 2 User Manual attached hereto as 2 ix A.

**iii. The** DJI Phantom 2 UAS **Are Designed 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 remain stationary, in flight, for 3 seconds or more. If, af ter 3 seconds, the DJI Phantom 2 UAS does 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 Phantom 2 UAS are set forth in the

DJI Phantom 2 User Manual, attached hereto as Appendix A.

**iv. The** DJI Phantom 2 **GCS And Its Operat ion.** 

A complete description of the operation and spe cifications of the DJI Phantom 2 GCS and flight control software is provided in the DJI Phantom 2 User Manual. DJI Phantom 2 User Manual is attached hereto as Appendix A.

**b. Flight Operations Of** DJI Ph antom 2 UAS **Is Limited To The Line Of Sight Of A Certificated Pilot in Command With A Safety Observer.** 

RIDDICK MEDIA AND MARKETING video production staff will be the only persons to act as a pilot in co mmand (PIC) of the DJI Phantom 2 UAS. Additionally, a safety observer will assist

him or her at all times during flight time.

**c. Flights Of** DJI Phantom 2 UAS **Will Be Conducted Pursuant To Specific Operating**

**Limitations.**

In seeking this exemption, RIDDICK MEDIA AND MARKETING proposes to co mmercially
operate DJI Phantom 2 UAS for the special purpose of conducting aerial video and photography over certain areas of United States, pursuant to the following specific operating limitations.

1. Operations authorized by this grant of exemption will be limited to the following aircraft described in the operating documents, rotorcraft UAS weighing less than 55 pounds max imum gross weight: DJI Phantom 2 Unmanned Aircraft Systems. Proposed operations of any other aircraft will require a new petition or a petition to

amend this grant.17 2. UAS operations under this exemption will be limited to conducting operations for the purpose of aerial video and photography.

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

4. The UA must be operated at an altitude of no more than 400 feet above ground level (AGL), as indicated by the procedures specified in the operating documents unless a special request is made and approved by ATC. All altitudes reported to ATC must be

in feet AGL.

5. The UAS must be op erated within visual line of sight (VLOS) of the PIC at all times. This requires the PIC to be able to use human vision unaided by any device other than corrective lenses, as specified on the PIC’s FAA

- issued airman medical

certificate.

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

7. All operations must utilize a safety observer (SO). The SO may be used to satisfy the VLOS requirement as long as the PIC always maintains VLOS capability. The SO

and PIC must be able to communicate verbally at all times. Electronic messaging or texting is not permitted during flight operations. The PIC must be designated before the flight and cannot transfer his or her designation for the duration of the flight. The

PIC must ensur e that the SO can perform the functions prescribed in the operating

documents.

8. The SO must not perform any other duties beyond assisting the PIC with seeing and avoiding other air traffic and other ground based obstacles/obstructions and is not permitt ed 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 limitati ons contained in the grant of exemption and the procedures outlined in the operating documents, the conditions and limitations contained in the grant of exemption take precedence and must be followed. Otherwise, the operator must follow the procedures as o utlined 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 p resent 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 petiti on 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.18 10. Prior to each flight the PIC 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 sa fe flight. The Ground Control Station must be included in the preflight inspection. All maintenance and alterations must be properly documented in the aircraft records.

11. Any UAS that has undergone maintenance or alterations that affect the UAS operatio n or flight characteristics, e.g. replacement of a flight critical component, must undergo a functional test flight. The PIC who conducts the functional test flight must make an entry in the aircraft records.

12. The pre

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

13. The operator must follow the UAS manufacturer’s aircraft/component, maintenance, overhaul, replacem ent, inspection, and life limit requirements.

14. The operator must carry out its maintenance, inspections, and record keeping requirements, in accordance with the operating documents. Maintenance, inspection, alterations, and status of replacement/overha ul component parts must be noted in the aircraft records, including total time in service, description of work accomplished, and the signature of the authorized person returning the UAS to service.

15. Each UAS operated under this exemption must comply wi th 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 PIC must possess at least a private pilot certificate a nd at least a current third

class medical certificate.

18. The operator may not permit any PIC to operate unless the PIC meets the operator’s qualification criteria and demonstrates the ability to safely operate the

UAS in a manner consistent with how th e UAS will be operated under the exemption, including evasive and emergency maneuvers and maintaining appropriate distances from persons, vessels, vehicles and structures. PIC qualification flight hours must be logged in a manner consistent with 14 C.F.R. § 61.51(b). Flights for the purposes of training the operator’s PICs are permitted under the terms of the exemption. However, training operations may only be conducted during dedicated training sessions. During training, proficiency, and experience

- buildin g flights, all persons not essential for flight operations are considered nonparticipants, and the PIC must operate the UA with appropriate distance from nonparticipants in accordance with 14 C.F.R. § 91.119.19 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 spe cial visual flight rules (SVFR) are not

authorized.

20. The UA may not operate within 5 nautical miles of an airport reference point as

denoted on a current FAA

- published aeronautical chart unless a letter of agreement with that airport’s management is ob tained, 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 PIC.

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

determined location within the planned operati ng area and land or be recovered in accordance with the operating documents.

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

24. The PIC is prohibited from beginning a fli ght unless (considering wind and forecast weather conditions) there is enough power to fly at normal cruising speed to the intended landing point and land the UA with 25% battery power remaining.

25. The operator must obtain an Air Traffic Organization (A TO) issued Certificate of Waiver or Authorization (COA) prior to conducting any operations under the grant of exemption. This COA will also require the operator to request a Notice to Airman (NOTAM) not more than 72 hours in advance, but not less than 48 h ours prior to the operation. All operations shall be conducted in accordance with airspace requirements in the ATO issued COA including class of airspace, 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 conducti ng 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 any time the UAS is operating.20 These documents must be made available to the Administrator or any law enforcement official upon request.

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

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

31. Flight operations must be conducted at least 500 feet from all nonparticipating

pers ons (persons other than the PIC, SO, operator trainees or essential persons), vessels, vehicles, and structures unless:

a. Barriers or structures are present that sufficiently protect nonparticipating persons from the UA and/or debris in the event of an a ccident. The operator must ensure that nonparticipating persons remain under such protection. If a situation arises where nonparticipating persons leave such protection and are within 500 feet of the UA, flight operations must cease immediately and/or;

b. The aircraft is operated near vessels, vehicles or structures where the owner/controller of such vessels, vehicles or structures has granted permission and the PIC has made a safety assessment of the risk of operating closer to those objects and determine d that it does not present an undue hazard, and;

c. Operations nearer to the PIC, SO, operator trainees or essential persons do not present an undue hazard to those persons per § 91.119(a).

32. All operations shall be conducted over private or controlled

- access property with permission from the land owner/controller or authorized representative. Permission from land owner/controller or authorized representative will be obtained for each flight to be conducted.

33. Any incident, accident, or flight operat ion that transgresses the lateral or vertical boundaries of the operational area as defined by the applicable COA must be reported to the FAA's UAS Integration Office (AFS

- 80) within 24 hours. Accidents must be reported to the National Transportation Safet y 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 Adversely Affect Safety.** 

RIDDICK MEDIA AND MARKETING submits that the equivalent level of safety established by Section 61.113(a) and (b) will be maintained because no PIC will be allo wed to operate the

DJI Phantom 2 UAS unless that PIC has demonstrated, by meeting minimum flight

- hour and currency requirements, that the PIC is able to safely operate the DJI Phantom 2 UAS in a manner consistent with the exemption, including evasive and emergency maneuvers and maintaining appropriate distances from people, vessels, vehicles and structures.21 Considering RIDDICK MEDIA AND MARKETING proposed area of operations, and the operating limitations set forth

- above; the parallel nature of private pilot aeronautical knowledge requirements to those of commercial pilot requirements ( See Exemption No. 11062); and the airmanship skills necessary to safely operat e the DJI Phantom 2 UAS, RIDDICK MEDIA AND

MARKETING submits that the additional manned airmanship experience of a commercially certificated pilot would not correlate to the airmanship skills necessary for RIDDICK MEDIA

AND MARKETING ’s specific proposed fl ight 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, 1110 9, 11110, 11112, 11136, 11138, 11150, 11153, 11156, 11158, 11159, 11160, 11161).

RIDDICK MEDIA AND MARKETING will not allow any PIC to operate the DJI Phantom 2 UAS unless that PIC has demonstrated, by meeting minimum flight

- hour r equirements or the DJI

P hantom 2 UAS training and currency requirements, that the PIC is able to safely operate the DJI

Pha ntom 2 UAS in a manner consistent with this exemption, including evasive and emergency maneuvers and maintaining appropriate distances from people, vessels, vehicles and structures.

Specifically, the PIC must have accumulated and logged, in a manner consistent with 14 C.F.R. § 61.51(b), 25 hours of total time as a UAS rotorcraft pilot (with a minimum of 5 hours of those hours as a UAS pilot operating the same make and model of UAS to be used for operations under the exemption). In addition to the hour requirements, the PIC must accomplish 3 takeoffs and landings in the preceding 90 days (for currency purposes).

As in Exemption Nos. 11062, 11138, and 11153, pr ior documented flight experience that was obtained in compliance with applicable regulations will ensure an equivalent level of safety during RIDDICK MEDIA AND MARKETING proposed operations. The Administrator has held that prior documented flight experienc e 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 as a UAS pilot with a multi

- rotor UAS. Prior to operations under Exemption No. 11062 , the PIC must also have accumulated and logged a minimum of 5 hours as a UAS pilot operating the same make and model of 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 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 petition er’s proposed operations. The FAA also22 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 PIC is required to operate the UA with appropriate distances in accordance

with 14 C.F.R 91.119.

Exemption No. 11138 at p age 15.

Accordingly, RIDDICK MEDIA AND MARKETING will ensure safe operations by not allowing any PIC to operate the DJI Phantom 2 UAS unless that PIC has demonstrated, by meeting minimum flight

- hour and currency requirements, that the PIC is able to safel y operate
the DJI 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 by Section 91.7(a) will be maintained because prior to every flight, RIDDICK MEDIA AND MARKETING wi ll ensure that the DJI Phantom 2 UAS is in an airworthy condi tion 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 similar, in all material r espects, 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 Sect ion 91.121 Would Not**  **Adversely Affect Safety.**

The equivalent level of safety established by Section 91.121 will be maintained because the

altitude information of the DJI Phantom 2 UAS will be provided to the PIC via GPS equipment

and a radio communications telemetry data link, which downlinks from the UA to the GCS for active monitoring of the flight path and altitude. This altitude information, combined with

RIDDICK MEDIA AND MARKETING of the DJI Phantom 2 UAS within visual line of sight,

at or below 500 f eet AGL, will ensure a level of safety equivalent to Section 91.121. The altitude information will be generated by GPS equipment installed onboard the aircraft. Prior to each flight, a zero altitude initiation point is automatically established by the UAS at ground level.23 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, 1 1136, 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 establish ed by 14 C.F.R. Section 91.151(b) as a result of (1) the technical spe cifications of the DJI Phantom 2 UAS; (2) the limitations on the proposed flight operations; and (3) the location of the proposed flight operations. Accordingly, RIDDICK MEDIA AND MARKET ING will ensure that it will safely operate the battery powered DJI Ph antom 2 UAS during daylight hours in VFR conditions, with enough battery power to fly for a total duration of 23 minutes.

Here, as in Exemption No. 11109, the technical spe cifications o f the DJI 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, safety will be ensured as the DJI Ph antom 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 cri tically low battery level, the DJI Phantom 2 UAS will descend and land automatically.

Significantly, previous exemptions granted by the FAA concerning Section 91.151 establish that safety is not adversely affected when the technical characteristics and op erating 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 fr om 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, 1115 6, 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, RIDDICK MEDIA AND MARK ETING 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 RIDDICK MEDIA AND MARKET ING 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., the Flight Log, Monthly Maintenance24 log, and DJI Phantom 2 Instruction Manual). Furthermore, RIDDICK MEDIA AND

MARKETING will document and maintain all maintenan ce records for the DJI Phantom 2 UAS.

Since the DJI Phantom 2 UAS will be inspected as prescribed by the operating documents,

RIDDICK MEDIA AND MARKETING will maintain the equivalent level of safety established by Sections 91.405(a), 91.409(a)(1), and 91.409(a) (2). A copy of the DJI Phantom 2 User
Manuals are attached hereto as Appendix A and a copy of the DJI Phantom 2 UAS Maintenance

LOG example is attac hed hereto as Appendix B as well as a Flight log Appendix C

. Likewise, the exemption sought will not adversely affect safety because RIDDICK MEDIA

AND MARKETING 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 maintenance of the DJI Phantom 2 UAS will be performed by trained technicians. Maintenance will be documented and maintained utilizing the monthly maintenance log.

Significantly, previous exemptions granted by the FAA concerning Sections 91.405(a), 91.407(a)(1), 91.409( a)(1) & (a)(2), and 91.417(a) & (b) establish that safety is not adversely affected when the technical characteristics and operating limitations of the UAS are considered.

In consideration of RIDDICK MEDIA AND MARKETING ’s proposed operating limitations,

t he operating documents, and the techni cal aspects of the DJI Phantom 2 UAS, RIDDICK

MEDIA AND MARKETING 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

9 1.417(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, 11067, 11080, 11109, 11110, 11112, 11136, 11138, 1 1150, 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 Conditi ons , RIDDICK MEDIA AND MARKETING requests that the FAA prescribe special conditions for the intended operation of the DJI Phan tom
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 for the limi ted purpose of conducting aerial video and photography over certain areas of the United States for compensation or hire. FMRA Section 333 sets forth the requirements for considering whether a UAS will create a hazard to users of the NAS or the public, or o therwise pose a threat to national security; and further, provides the authority for such UAS to operate without airworthiness25 certification in accordance with any requirements that must be established for the safe operation

of the UAS in the NAS.

Likewis e, the Administrator may prescribe special conditions pursuant to 14 C.F.R. § 21.16, fo r operation of the DJI 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, a ircraft 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 o f this chapter and contain such safety standards for the aircraft, aircraft engine or propeller as the FAA finds necessary to establish a level of safety equivalent to that established in the regulations.

See 14 C.F.R. § 21.16.

Therefore, in accordance wi th FMRA Section 333 and 14 C.F.R. § 21.16, the FAA may prescribe special conditions for Leading Edge’s intended operation of t he DJI Phantom 2 UAS, which contain such safety standards that the Administrator finds necessary to establish a level of safety eq uivalent to that established by 14 C.F.R. Part 21, Subpart 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 Registe**  **r, stating: The**

**Rules From Which** RIDDICK MEDIA AND MARKETING **Seeks Exemption:**

RIDDICK MEDIA AND MARKETING 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** RIDDICK MEDIA AND

MARKETING **:**

This exemption will permit RIDDICK MEDIA AND MARKETING to commercially operate an Unmanned Aircraft System (UAS) for the purpose of conducting aerial v ideo and photography over certain areas of the United States.

**• Any Additional Information, Views, Or Arguments Available To Support** 

RIDDICK MEDIA AND MARKETING **Request.**

This Petition is made pursuant to the FAA Modernization and Reform Act of 201226 (F MRA) Section 333, which directs the Secretary of Transportation to determine if certain UAS may operate safely in the NAS. As such, RIDDICK MEDIA AND MARKETING’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.

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 suc h UAS to operate without airworthiness certification.

As discussed in detail above, RIDDICK MEDIA AND MARKETING will operate the 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, RIDDICK MEDIA AND MARKETING 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 saf e operation of the DJI Phantom 2 UAS commercially, without an airworthiness certificate, for the limited purpose of conducting aerial video and photography over certain areas of the United States. By granting this Petition, the FAA Administrator will be fulfilling the Congressional mand ate of the FAA Modernization and Reform Act of 2012, while also advancing the interests of the public, by allowing RIDDICK MEDIA AND MARKETING to safely, efficiently, and econom ically operate the DJI Phantom 2 UAS commercially within the

NAS.

**WHEREFORE** , i n accordance with the Federal Aviation Regulations and the FAA Modernization and Reform Act of 2012, Section 333, RIDDICK MEDIA AND MARKETING respectfully requests that the Administrator grant this Petition for an exemption from the requirements of 14 C.F. R Sections 61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b), and permit Leading E dge to operate the

DJI Phantom 2 UAS commercially for the purpose of conducting aerial video and photography

ov er certain areas of the United States.

Dated: October 22 , 2015

Respectfully submitted,

Chris Riddick

Owner Riddick Media and Marketing, LLC 2004	Wards	Ferry	Rd.	Unit	2 Lynchburg,	VA.	24502
434.382.9684 cjriddick@gmail.com27 Appendices :

A

- Link to DJI Ph antom 2 Manual: Click on link below

http://download.dji

innovations.com/downloads/phantom_2/en/PHANTOM2_User_Manual_v1.4_en.pdf

B

– Link to DJI Pha ntom 2 Maintenance Log Example: Click on link below

https://docs.google.com/spreadsheets/d/1TI2BMsHopaNfrProX60rV1LOSTOJtod4LHscwhohLl

A/edit ?usp=sharing

C

– Link to DJI Phantom 2 Fl ight Log Example: Click on link below

http://www.amazon.com/UAS

- Pilot

- Log

- Unmanned

- Operators/dp/1507643810