UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

FEDERAL AVIATION ADMINISTRATION

WASHINGTON, DC

IN THE MATTER OF THE PETITION FOR EXEMPTION OF:

Richard W. Baker

FOR AN EXEMPTION SEEKING RELIEF FROM THE REQUIREMENTS OF

TITLE 14 OF THE CODE O F FEDERAL REGULATIONS 14 C.F.R §§ 61.23(a), 61.101(34) 61.113(a) & (b), 61.315 (a), 91.7(a), 91.119 (c), 91.119 (c), 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 3 Pr ofessional, DJI Inspire 1, and 3DR Solo UNMANNED AIRCRAFT

SYSTEMS

PURSUANT TO SECTION 333 OF

THE FAA MODERNIZATION AND REFORM ACT OF 2012

(PUBLIC LAW 112

- 95)

Submitted on January 2 1 , 2016

Richard W. Baker

160 Mesa Avenue

Newbury Park, CA 91320

805 390

- 5501

## 1 Table of Contents

GLOSSARY OF ABBREVIATIONS

................................ ................................ ................................ .................... 2

SUMMARY

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

INTRODUC TION AND INTERESTS OF THE PETITIONER

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

BACKGROUND

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

BASIS FOR PETITION

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

Name And Address Of The Petitioner.

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

The Specific Sections Of 14 C.F.R. From Which Applicant Seeks Exemption.

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

The Extent Of Relief Applicant Seeks And The Reason Applicant Seeks The Relief.

................................ .......... 8

The Reasons Why Granting Applicant Request Would Be In The Public Interest; That Is, How It Would Benefit

The Public As A Whole.

................................ ................................ ................................ ................................ ....... 10

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 Ap plicant Seeks

Exemption.

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

CONCLUSION

................................ ................................ ................................ ................................ ..................... 18

## 2 GLOSSARY OF ABBREVIATIONS

AGL Above Ground Level

AOI Area of Interest

ATC Air Traffic Control

ATO Air Traffic Organization

AV Aerial Vehicle

CFR Code of Federal Regulations

COA Certificate of Authorization

FAA Federal Aviation Administration

FAR Federal Aviation Regulation

GCS Ground Control Station

GPS Global Positioning System

LOL Loss of Link

NAS National Airspace System

NOTAM Notice to Airman

PIC Pilot In Command

Section 333 FAA Modernization and Refor m Act of 2012

SO Safety Observer

SOP Standard Operating Procedures

UA Unmanned Aircraft

UAS Unmanned Aircraft System

VFR Visual Flight Rules

VLOS Visual Line of Site

VMC Visual Meteorological Conditions

VTOL Vertical Takeoff and Landing

## 3 SUMMARY

Richard W. Baker (Applicant) seeks exemption from the requirements of 14 C.F.R §§ 61.23( a), 61.101(34 ) 61.113(a) & (b), 61.315 (a)

, 91.7(a), 91.119 (c), 91.119 (c), 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 pursuant to Section 333 of

the FAA Modernization and Reform Act of 2012 (FMRA). This exemption will permit Applicant to operate an Unmanned Aircraft System (UAS) for the commercial purpose of conducting aerial video and photography of to be used in television commercials, weather traffic and news reports, a nd sporting events over certain areas of

the United States. In accordance with the FAA instructions on “ Section 333 Petition Guidance & Checklist ” the

referenced manuals have not been included with this document.



### INTRODUCTION AND INTERESTS OF THE PETITIONER

My name is Richard W. Baker , I am 54 years old, with an Bachelor’s Degree in Management, Computer Information Systems

, a Master’s Degree in Assistive Te chnology from California State University.

I am a retired from active duty Air Force Communications/Computer Officer and graduate of Basic and Advanced Communications Officer Training. As such, I was the software project manager for the Air Force air

oper ations concerning the movement of cargo and passengers world

- wide for three years

. As a longtime freelance photographer/videographer/inspector I see the great societal need of aerial platforms,

such as t he DJI Phantom 3 Professional, DJI Inspire 1, 3DR Sol o , and SenseFly eBee to improve the efficiency and safety in the process of evaluating and inspecting agriculture, construction, communication infrastructure

, and power grid s.

I wish to provide high quality imaging for a variety of commercial and public u ses, specifically targeting:

 Communication Infrastructure

 Power Grid

 Aerial Survey for the purpose of agricultural and inventory management only

 Commercial Photography /Cinematography

 Management of Construction Progress

 Site Health and Sa fety Plan inspectio ns

 Insure implementation of Environmental Controls such as storm water discharge requirements and pollution prevention mitigation

 Inspections of Commercia l Real Estate

 Search and Rescue (as requested and directed by appropriate local authorities)



### BACKGROUN D

Unmanned Aircraft Systems: DJI Phantom 3 Professional, DJI Inspire 1, 3DR Solo, and SenseFly eBee UASs

Applicant seeks an exemption to operate DJI systems for compensation or hire within the NAS. The DJI Phantom 3 Professional, DJI Inspire 1, and 3DR So lo are vertical takeoff and landing (VTOL) Unmanned Aircraft (UA) while the SenseFly eBee is a hand launched fixed wing UA. All four UA are controlled via Ground Control Station (GCS) utilizing electronic tablet or smart phone systems. The DJI Phantom 3

Professional has a maximum gross weight of approximately 2 pounds 11 ounces, while having a length of 16 inches width of 16 inches, height of 8 inches, and a maximum speed of approximately 29 knots. The DJI Inspire 1 has a maximum gross weight of 6 pounds 7.5 ounces, a length of 17.3 inches, width of 17.7 inches, height of 11.8 inches, and a maximum speed of approximately 42 knots. The 3DR Solo has a maximum gross weight of 3 pounds 14 ounces, a length and width of 18 inches, height of 10 inches, and a maxi mum speed of 55 mph. The SenseFly eBee has a maximum gross weight of 1 pound 8 ounces, a length of 12 inches, a wingspan of 38 inches, height of 4 inches, and a maximum speed of 35mph. The DJI Phantom 3 Professional, DJI Inspire 1,

3DR Solo UAs are equipp ed with four main rotors while the SenseFly eBee is equipped with a single motor.

All of these UAs are driven by Lithium Polymer battery powered electric motors.

## 4 The DJI Phantom 3 Professional, DJI Inspire 1, 3DR Solo, and SenseFly eBee UASs that will b e operated by Applicant will be registered in accordance with 49 U.S.C. 44103, Registration of Aircraft , as well as 14 C.F.R

Part 47, Aircraft Registration , and marked in accordance with 14 C.F.R. Part 45, Identification and Registration Marking

.



### BASIS FO R PETITION

Petitioner, Applicant , 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 commercially operate the DJI Phantom 3 Professional, DJI Inspire 1, 3DR Solo, and SenseFly eBee UASs in the National Airspace System (NAS), and for an exemption from the requirements of 14 C.F.R §§ 61.23(a), 61.101(e 4 ) 61.113(a) & (b)

, 61.315 (a)

, 91.7(a),
91.119 (c), 91.119 (c), 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 ope ration, Applicant operation of DJI Phantom 3 Professional, DJI Inspire 1, 3DR Solo, and SenseFly eBee UASs 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, Applicant requests relief from Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b), as these sections set forth requirements for maintenance that only apply to aircraft with an

airworthiness certificate.

Applicant submits that the requested relief is proper since an equivalent level of safety will be ensured. Applicant will use experienced personnel or technicians to perform maintenance, alterations, or preventive maintenance on the UASs using the methods, technique s, and practices prescribed in the operating documents (i.e., Monthly Maintenance Log, and DJI Phantom 3 Professional, DJI Inspire 1, 3DR Solo, and SenseFly eBee Instruction Manual). Furthermore, Applicant will document and maintain all maintenance record s for the DJI Phantom 3 Professional, DJI Inspire 1, 3DR Solo, and SenseFly eBee UASs.

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

Pilot in command , is requested by Applicant to the ext ent necessary to allow a Pilot in Command (PIC) holding a private pilot or higher 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 safe ly operate the DJI Phantom 3 Professional, DJI Inspire 1, 3DR Solo, and SenseFly eBee UASs in a manner consistent with this exemption, including evasive and emergency maneuvers and maintaining appropriate distances from people,
vessels, vehicles and struct ures.

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

, because the DJI Phantom 3 Professional, DJI Inspire 1, 3DR Solo, and SenseFly eBee UASs do not require an airworthiness certificate in

accordance with 14 C.F.R. Part 21, Subpart H. As such, Applicant submits that he will ensure that the DJI

Phantom 3 Professional and DJI Inspire 1UASs are in an airworthy condition, prior to every flight, by determining that the UASs are in compliance with the operating documents (i.e. , Monthly Maintenance Log,

and DJI Phantom 3 Professional, DJI Inspire 1, 3DR Solo, and SenseFly eBee Instruction Manual), and that the aircraft are in a condition for safe flight.

Applicant also seeks an exemption from the requirements of Section 91.119 (c), entitled Minimum Safe

Altitudes: General , as the DJI Phantom 3 Professional, DJI Inspire 1, 3DR Solo, and SenseFly eBee UASs operate at low altitudes of 400 feet or less.

Applicant also seeks an exemption from the requirements of Section 91.121, entit led Altimeter Settings , as the DJI Phantom 3 Professional, DJI Inspire 1, 3DR Solo, and SenseFly eBee UASs will not have a typical

barometric altimeter onboard. However, altitude information of the DJI Phantom 3 Professional, DJI Inspire 1,
3DR Solo, and SenseFly eBee 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 w ith Applicant ’s operation of the DJI Phantom 3 Professional, DJI Inspire 1, 3DR Solo, and SenseFly eBee UASs within visual line of sight, at or below 500 feet AGL, will ensure a level of safety equivalent to Section 91.121.

Additionally, Applicant seeks a n exemption from the requirements of Section 91.151(b), entitled Fuel requirements for flight in VFR conditions

. Applicant submits that safety will not be affected by operation of the DJI Phantom 3 Professional, DJI Inspire 1, 3DR Solo, and SenseFly eBee U ASs during daylight hours in visual

## 5 meteorological conditions (VMC) under visual flight rules (VFR), with enough battery power to fly for a total duration of approximately 13.5 minutes to the first point of intended landing and, assuming normal cruising

sp eed, to fly after that for at least 4.5 minutes.

In accordance with 14 C.F.R. § 11.81, Applicant provides the following information in support of its petition for exemption:

## 6 Name And Address Of The Petitioner.

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

Richard W. Baker

116 Continental Dr.

Hattiesburg, MS 39402

601.264.7593

Email: rich@bakerfoto.com



### The Specific Sections Of 14 C.F.R. From Which Applicant Seeks Exemption.

Applicant Seeks Exemption From The Requirements Of Section 61 .23(a). Medical certifi cates: Requirement and duration.

(a) Operations requiring a medical certificate. Except as provided in paragraphs (b) a nd (c) of this section.

Applicant Seeks Exemption From The Requirements Of Section 61.101(e4) Recreational pilot privileges

and limitations.

(e) Except as provided in paragraphs (d) and (i) of this section, a recreational pilot may not act as pilot in

command of an aircraft

—

(iv) With retractable landing gear;

Applicant Seeks Exemption From The Requirements Of Se ction 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 com mand (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 connectio n with 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.

Applicant Seeks Exemption From The Requirements Of Section 315 ( a).

61.315 What are the privileges and limits of my sport pilot certificate?

(a) If you hold a sport pilot certificate you may act as pilot in command of a light

- sport aircraft, except as specified in paragraph (c) of this section.

Applicant Seeks Exempti on 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.

Applicant Seeks Exemption From The Req uirements Of Section 91.119 (c).

Except when necessary for takeoff or landing, no person may operate an aircraft below the following altitudes:

Applicant Seeks Exemption From The Requirements Of Section 91.121.

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

(a) Each person operating an aircraft shall maintain the cruising altitude 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

--

## 7 (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 prescribed in paragraph (a)(1)(i) of this section, the current reported

alti meter 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.

Applicant Seeks Exemption From The Re quirements 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

w eather conditions) there is enough fuel to fly to the first point of intended landing and, assuming normal cruising speed, to fly after that for at least 20 minutes.

Applicant Seeks Exemption From The Requirement Of Section 91.405(a).

Section 91.405, ent itled 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, except as provided in paragraph (c) of this section, have discrepancies repaired as prescribed in part 43 of this chapter[.]

Applicant Seeks Exemption From The Requirements Of Section 91.407(a)(1)

Section 91.407, entitled Operation after maintenance, preventive maintenance, rebuilding , or alteration

, subsection (a)(1), states the following:

(a) No person may operate any aircraft that has undergone maintenance, preventive maintenance, rebuilding, or

alteration unless

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

Applicant 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 sec tion, no person may operate an aircraft unless, within the preceding 12 calendar months, it has had

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

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

Applicant Seeks Exemption From The Requirements Of Sections 91.417(a) And 91.417(b).

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

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

(1) Reco rds 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 a ppliance 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 containing the following information:

(i) The total time in service of the airframe, each engine, each propeller, and each rotor.

(ii) The current status of life

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

(iii) The time since last overhaul of all items installed on the aircraft which are required to be overhauled on a specified time basis.

## 8 (iv) The current inspection status of the aircraft, including the time since the last inspection required by the inspection program under which the aircraft and its appliances are maintained.

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

(vi) Copies of the forms prescribed by § 43.9(d) of this chapter for each major alter ation 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 ret ained 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 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 § 43.11 of this chapter shall be retained until the defects are repaired and the aircraft is approved for return to service.



### The Extent Of Relief Applicant Seeks And The Reason Applican t Seeks The Relief.

Extent Of Relief Applicant Seeks And The Reason Applicant Seeks Relief From Section 61.23(a).

Medical certificates: Requirement and duration. (a) Operations requiring a medical certificate. Except as provided in paragraphs (b) and (c ) of this section. The PIC will not be operating a aircraft which is capable of carrying passengers or the pilot.

Extent Of Relief Applicant Seeks And The Reason Applicant Seeks Relief From Section 61.101(e4).

61.101 Recreational pilot privileges and limitations. (e) Except as provided in paragraphs (d) and (i) of this section, a recreational pilot may not act as pilot in command of an aircraft

— (iv) With retractable landing gear;

as the DJI Inspire 1 has retractable landing gear which is integral to the operation of the camera. The landing gear lifts to allow 360 degree rotation of the camera without interference by the landing gear. This operation is ultimately safer than rotating the entire DJI Inspire 1 do the simplification of the rotation proce ss.

Extent Of Relief Applicant Seeks And The Reason Applicant 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 a llow a PIC holding a private pilot or higher level certificate, as well as a current and valid airman medical certificate, and who has met certain flight

- hour and currency requirements, to conduct the proposed UAS flight operations for compensation or hire

. This relief is requested since the limitations 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 flight is only incidental to that business or employment; and (2) The aircraft does not carry passengers or property for compensation or hire.

As set forth more fully below, Applicant submits that an equivalent level of safety will be maintained because

no PIC will be allowed to operate the DJI Phantom 3 Professional UAS or DJI Inspire 1 , or 3DR Solo 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 3 Professional, DJI Inspire 1, 3 DR Solo, or SenseFly eBee UAS or 3DR

Solo 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

s tructures.

Further, Applicant submits that all flights of the DJI Phantom 3 Professional, DJI Inspire 1, 3DR Solo, and SenseFly eBee UASs , conducted by the PIC pursuant to the grant of this Petition: (1) will be incidental to Applicant 's business; and (2) will not carry passengers or property for compensation or hire.

Extent Of Relief Applicant Seeks And The Reason Applicant Seeks Relief From Section 91.7(a).

Relief from Section 91.7(a) entitled Civil aircraft airworthiness , is requested to the extent req uired to allow Applicant to determine that the DJI Phantom 3 Professional, DJI Inspire 1, 3DR Solo, and SenseFly eBee UASs are in airworthy condition prior to every flight by ensuring that the UAS is in compliance with the operating

## 9 documents (i.e., the Ap plicant Aerial Operations Manual, Monthly Maintenance Log, and DJI Phantom 3 Professional, DJI Inspire 1, and 3DR Solo Instruction Manual).

Applicant seeks the requested relief because the DJI Phantom 3 Professional, DJI Inspire 1, 3DR Solo, and SenseFly e Bee UASs do not require an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart
H. Therefore, Applicant will ensure that the DJI Phantom 3 Professional, DJI Inspire 1, 3DR Solo, and SenseFly

eBee UASs are in airworthy condition based upo n its compliance with the operating documents (i.e., Monthly Maintenance Log, and DJI Phantom 3 Professional, DJI Inspire 1, and 3DR Solo Instruction Manual) prior to every flight, and further, determine that the aircraft are in condition for safe flight, a s stated in the conditions

and limitations below.

Extent Of Relief Applicant Seeks And The Reason Applicant Seeks Relief From Section 91.119 (c).

Relief from Section 91.119 (c), entitled Minimum Safe Altitudes: General , as the DJI Phantom 3 Professional, DJI Inspire 1, 3DR Solo, and SenseFly eBee UASs operate at low altitudes of 400 feet or less.

Extent Of Relief Applicant Seeks And The Reason Applicant Seeks Relief From Section 91.121

.

Relief from Section 91.121 , entitled Altimeter settings , may be requi red to allow flight operations of the DJI Phantom 3 Professional, DJI Inspire 1, 3DR Solo, and SenseFly eBee UASs , which utilize a barometric pressure sensor, GPS equipment, and a radio communications telemetry data link to downlink altitude information fr om the UA to the PIC at the ground control station (GCS). Since the FAA requires that any altitude information concerning UAS operations be reported to air traffic control (ATC) in feet above ground level (AGL), Applicant seeks the requested relief because the DJI Phantom 3 Professional, DJI Inspire 1, 3DR Solo, and SenseFly eBee 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, relief from 14 CFR 91.121 is sought to the extent necessary to comply with the applicable conditions and limitations stated below. As more fully set forth herein, an equivalent level of safety will be maintained since the DJI Phantom 3 Professional, DJI Inspire 1, 3DR Solo, and SenseFly eBee UASs are equipped with a barometric pressure sensor and GPS equipment, which automatically ensures that a ground 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.

Extent Of Relief Applicant Seeks And The Reason Applicant Seeks Relief From Section 91.151(b).

Relief from Section 91.151(b) entitled Fuel requirements for flight in VFR conditions

, is requested to the extent required to allow flights of the battery powered DJI Phantom 3 Professional, DJI Inspire 1, 3DR Solo, and SenseFly eBee UASs during daylight hours in visual meteorological conditions (VMC), under visual flight rules (VFR), for a total duration of 13.5 minutes to the first point of intended landing and, assuming normal cruising speed, to fly after that for at least 4.5 minutes. Applicant seeks the requested relief because without an exemption from Section 91.151(b), the flight ti me duration of the battery powered DJI Phantom 3 Professional, DJI Inspire 1, 3DR Solo, and SenseFly eBee UASs will severely constrain the practicality of any aerial video or still photo flight operations that Applicant proposes to conduct pursuant to this Petition.

Significantly, as set forth below, the technical specifications of the DJI Phantom 3 Professional, DJI Inspire 1, 3DR Solo, and SenseFly eBee UASs , the DJI Phantom 3 Professional, DJI Inspire 1, 3DR Solo, and SenseFly

eBee operating documents, and Applicant ’s proposed operating limitations, ensure that Applicant will safely operate the battery powered DJI Phantom 3 Professional, DJI Inspire 1, 3DR Solo, and SenseFly eBee UASs during daylight hours in visual meteorological conditions (VMC), unde r visual flight rules (VFR), with enough battery power to fly for a total duration of 13.5 minutes to the first point of intended landing and, assuming normal cruising speed, to fly after that for at least 4.5 minutes.

Extent Of Relief Applicant Seeks And The Reason Applicant 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 certificat e, Applicant requests relief from these Sections because the DJI Phantom 3 Professional, DJI Inspire 1, 3DR Solo, and SenseFly eBee UASs do not require airworthiness certificates. As set forth more fully below, the DJI Phantom 3 Professional, DJI Inspire 1 , 3DR Solo, and SenseFly eBee UASs meet the conditions of FMRA Section 333 for operation without an airworthiness certificate. Accordingly, Applicant will use trained technicians to perform maintenance, alterations, or preventive maintenance on the UASs us ing the methods, techniques, and practices prescribed in the UAS operating documents (i.e., the Applicant Aerial Operations Manual, Monthly Maintenance Log, and DJI Phantom 3 Professional, DJI Inspire 1, and 3DR

Solo Instruction Manual). Furthermore, Applic ant will document and maintain all maintenance records for the

## 10 DJI Phantom 3 Professional, DJI Inspire 1, 3DR Solo, and SenseFly eBee UASs

.



### The Reasons Why Granting Applicant Request Would Be In The Public Interest; That Is, How It

Would Benefit The Publi c As A Whole.

Granting the present Petition will further the public interest by allowing Applicant to safely, efficiently, and economically perform aerial video and photography of communication infrastructure, power grids, construction
sites, real estate, and landscape over certain areas of the United States.

Additionally, use of the DJI Phantom 3 Professional, DJI Inspire 1, 3DR Solo, and SenseFly eBee UASs will decrease congestion of the NAS, reduce pollution, and provide significant benefits to the eco nomy. Notably, the

benefits of Applicant ’s proposed operation of the DJI Phantom 3 Professional, DJI Inspire 1, 3DR Solo, and SenseFly eBee UASs will be realized without implicating any privacy issues.

The Public Will Benefit From Decreased Congestion Of The NAS.

The DJI Phantom 3 Professional, DJI Inspire 1, 3DR Solo, and SenseFly eBee UASs are battery powered and serve as a safe, efficient, and economical alternative to the manned aircraft traditionally utilized to obtain aerial imagery. By reducing th e amount of manned aircraft needed to perform aerial acquisitions, an exemption allowing the use of a DJI Phantom 3 Professional, DJI Inspire 1, 3DR Solo, or SenseFly eBee UAS would reduce the amount of manned aircraft in the NAS, reduce noise and air poll ution, 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 around airports caused by arriving and departing aircraft will be reduced. Th e DJI Phantom 3 Professional, DJI Inspire 1, 3DR Solo, and SenseFly eBee UASs 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 aircraft that must be handled by air traffic control during the ground, takeoff, departure, arrival, and landing phases of flight operations.

The Public Will Benefit From The Safety And Efficiency Of The DJI Phantom 3 Professional, DJI Inspire 1, 3DR Solo, and SenseFly eBee UASs

. Conducting aerial acquisitions with the DJI Phantom 3 Professional, DJI Inspire 1, 3DR Solo, and SenseFly

eBee UASs , 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 and electric motors, the DJI Phantom 3 Professional, DJI Inspire 1, 3DR Solo, and SenseFly eBee

UASs produce no air pollution, and is the most viable environmen tally conscious alternative to the cabin class, six cylinder internal combustion engine aircraft that are typically utilized for aerial video and photography, while burning approximately 20

- 30 gallons per hour of leaded aviation fuel. The DJI Phantom 3 Pr ofessional, DJI Inspire 1, 3DR Solo, and SenseFly eBee UASs , 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 engin e.

By using the DJI Phantom 3 Professional, DJI Inspire 1, 3DR Solo, and SenseFly eBee UASs 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 aircraf t flight operations, will be substantially reduced or completely eliminated. Aside from the lack of flight crew members located onboard the aircraft, the DJI Phantom 3 Professional, DJI Inspire 1, 3DR Solo, and SenseFly eBee UASs (weighing approximately 2 pounds 11 ounces

, 6 pounds 7.5 ounces , 3 pounds 14 ounces, and 1 pound 8 ounces respectively, at their maximum gross we ights with lengths of 16
inches, 17.3 inches ,18 inches, and 12 inches respec tively, widths of 16 inches, 17.7 inches , 18 inches, and 38

inches respectively a nd 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 po unds with a wingspan of approximately 42 feet, a length of 34 feet, and a fuel capacity of 180 gallons).

Performing Aerial Video and Photography Operations With The DJI Phantom 3 Professional, DJI Inspire 1, 3DR Solo, and SenseFly eBee UASs Will Benefit T he Economy.

In addition to being safe and efficient, the DJI Phantom 3 Professional, DJI Inspire 1, 3DR Solo, and SenseFly

eBee UASs are also an economical alternative to using manned aircraft to conduct similar aerial operations. As such, operation of t he DJI Phantom 3 Professional, DJI Inspire 1, 3DR Solo, and SenseFly eBee UASs will allow United States based companies, like Applicant , to remain competitive and contribute to growth of the U.S. economy. Specifically, with the rising cost of aviation fuel and the En vironmental Protection Agency (EPA )

## 11 regulatory actions phasing out leaded aviation fuels, U.S. owned and operated companies must adopt new and alternative technology in order to remain competitive. Operating the battery powered DJI Phantom 3

Pro fessional, DJI Inspire 1, 3DR Solo, and SenseFly eBee UASs is one such technology that not only allows companies greater operational flexibility compared to manned aircraft, but provides such flexibility without the high operational cost of a traditional m anned aircraft.

By operating the DJI Phantom 3 Professional, DJI Inspire 1, 3DR Solo, and SenseFly eBee UASs , companies

such as Applicant , can remain competitive and profitable, and therefore, provide greater job stability to employees and contractors, wh ich will ultimately contribute to growth of the U.S. economy. Improved financial performance of U.S. companies, through commercial use of the DJI Phantom 3 Professional, DJI Inspire 1, 3DR Solo, and SenseFly eBee UASs , provides a stable workforce that incr eases consumer spending; improves local, state, and federal tax revenues; and allows companies to invest in research and development in order to remain competitive both in the United States and abroad.

There Are No Privacy Issues.

Similar to the manned a erial acquisition flight operations that have been conducted for decades, Applicant ’s proposed operation of the DJI Phantom 3 Professional, DJI Inspire 1, 3DR Solo, and SenseFly eBee UASs will not implicate any privacy issues. Specifically, the DJI Phanto m 3 Professional, DJI Inspire 1, 3DR Solo, and SenseFly eBee UASs will be operated only in compliance with operating documents (i.e., the Applicant Aerial Operations Manual, Monthly Maintenance Log, and DJI Phantom 3 Professional, DJI Inspire 1, and 3DR

So lo Instruction Manual) which requires property owner involvement as well as local law enforcement notification, and in accordance with the Federal Aviation Regulations, including the minimum altitude requirements of 14 C.F.R. § 91.119.



### The Reasons Why Gran ting 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 Applicant Seeks Exemption.

Reasons Why The DJI Phantom 3 Professional, DJI Inspire 1, 3DR Sol o, and SenseFly eBee UASs 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 with the unmanned aircraft and its operation, Applicant ’s operation of the DJI Phantom 3 Professional, DJI Inspire 1, 3DR Solo, and SenseFly

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

(a) In General.

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

(b) Assessment of Unmanned Aircraft Systems.

-- In making the d etermination 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 operati on within visual line of sight do not create a hazard to users of the national airspace system or the public or pose a threat to national security; and

(2) whether a certificate of waiver, certificate of authorization, or airworthiness certification under section 44704 of title 49, United States Code, is required for the operation of unmanned aircraft systems identified under paragraph (1).

(c) Requirements for Safe Operation.

-- If the Secretary determines under this section that certain unmanned aircraft s ystems 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, Applicant submits that the DJI Phantom 3 Prof essional, DJI Inspire 1, 3DR Solo, and SenseFly eBee UASs can operate safely in the NAS pursuant to FMRA Section 333, as demonstrated by: (a) the

## 12 characteristics of the DJI Phantom 3 Professional, DJI Inspire 1, 3DR Solo, and SenseFly eBee UASs ; (b) the pi lot certification requirement; and (c) the specific operating limitations.

a. The Specifications Of The DJI Phantom 3 Professional, DJI Inspire 1, 3DR Solo, and SenseFly eBee

UASs Demonstrate Their Safe Characteristics.

The DJI Phantom 3 Professional, DJI Inspire 1, 3DR Solo, and SenseFly eBee UASs do 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.

i. Technical Specifications Of The DJI Phantom 3 Professional, DJI Inspire 1, 3DR Solo, and SenseFly eBee UASs

. The technical specifications of the DJI Phantom 3 Professional, DJI Inspire 1, 3DR Solo, and SenseFly

eBee UASs are set forth by the DJI Phantom 3 P rofessional, DJI Inspire 1, 3DR So lo and SenseFly

eBee Specifications a ttached hereto as Exhibit A pages 53

- 54

, B pages 57

- 60 , C page 71 , and D pages 171

- 172 respectively

.

ii. The DJI Phantom 3 Professional, DJI Inspire 1, 3DR Solo, and SenseFly eBee UASs Autonomous Flight And Navigation Modes Enable The UASs To Remain Within A Defined Operational Area.

The DJI Phantom 3 Professional, DJI Inspire 1, 3DR Solo, and SenseFly eBee UASs may be operated in both manual and fully autonomous flight modes. A complete description of the flight and navigational modes of the DJI Phantom 3 Professional, DJI Inspire 1, 3DR Solo, and SenseFly eBee

UASs is provided on pages 25

- 35 of the DJI Phantom 3 Professional

, pages 12

- 16 and 45

- 50 of the DJI Inspire 1 , pages 30

- 50 and 56

- 57 of the 3DR Solo, and pages 130

- 131 of the SenseFly eBee User
Manuals, at tached hereto as Exhibit A, B, C, and D

.

iii. The DJI Phantom 3 Professional, DJI Inspire 1, 3DR Solo, and SenseFly eBee UASs Are Designed For Automatic Return To Home Point Or Hover In The Event Of Loss Of Th e Control Link Or Navigation.

When the Control Link is lost, the DJI Phantom 3 Professional, and DJI Inspire 1 UASs will remain stationary, in flight, for 3 seconds or more. If, after 3 seconds, the DJI Phantom 3 Professional, DJI Inspire 1 do not reac quire control link data from the GCS, the UAs will assume that the Control Link is lost and the UAs will return to the home position (i.e., failsafe mode) via GPS, and will descend to the takeoff position and shutdown. When the Control Link is lost on the 3DR Solo, the 3DR Solo does not reacquire control link data from the GCS, the UA will assume that the Control Link is lost and the UA

will return to the launch point via GPS, and will descend to the takeoff position and shutdown. When

the Control Link is lost on the SenseFly eBee , the SenseFly eBee will assume the Control Link is lost

and the UA will return and land at the takeoff location via GPS and shutdown.

A complete description of the Failsafe Functions of the DJI Phantom 3 Professional are found o n page 14 , pages 12

- 15 for the DJI Inspire 1, pages 53

- 55 for the 3DR Solo , and pages 47 through 48, 70, 97,

and 124 through 127 for the SenseFly eBee User Manuals, attached hereto as Exhibit A, B, C, and D respectively

.

iv. The DJI Phantom 3 Professional , DJI Inspire 1, 3DR Solo, and SenseFly eBee GCS And Their Operation.

A complete description of the operation and specifications of t he DJI Phantom 3 Professional, DJI Inspire 1, 3DR Solo, and SenseFly eBee GCS and flight control software is provided at pa ges 23 through 29 of the DJI Phantom 3 Professional User Manual

, pages 24 through 33 of the DJI Inspire 1

, pages 8, and 28 through 37 of the 3DR Solo Manual, and page 68 of the SenseFly eBee User Manual.
User Manuals, attached hereto as Exhibit A, B, C, a nd D respectively

.

b. Flight Operations Of DJI Phantom 3 Professional, DJI Inspire 1, 3DR Solo, and SenseFly eBee UASs Are Limited To The Line Of Sight Of A Certificated Pilot in Command With A Safety Observer.

Applicant will only utilize certificated p ilots who possess a current and valid airman medical certificate to act as a pilot in command (PIC) of the DJI Phantom 3 Professional, DJI Inspire 1, 3DR Solo, and SenseFly eBee

UASs . Additionally, a safety observer will assist all pilots during flight tim e.

c. Flights Of DJI Phantom 3 Professional, DJI Inspire 1, 3DR Solo, and SenseFly eBee UASs Will Be

## 13 Conducted Pursuant To Specific Operating Limitations.

In seeking this exemption, Applicant proposes to commercially operate DJI Phantom 3 Professional, D JI Inspire 1, 3DR Solo, and SenseFly eBee UASs 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 exemp tion will be limited to the following aircraft described in the operating documents, rotorcraft UASs weighing less than 55 pounds maximum gross weight:

DJI Phantom 3 P rofessional, DJI Inspire 1, 3DR Solo , and SenseFly eBee Unmanned Aircraft Systems. Propos ed operations of any other aircraft will require a new petition or a petition to amend this grant.

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

3. The UAs may not be flow n at an indicated airspeed exceeding 20 knots.

4. The UA must be operated at an altitude of no more than 500 feet above ground level (AGL), as indicated by the procedures specified in the operating documents unless a special request is made and approved by ATC

. All altitudes reported to ATC must be in feet AGL.

5. The UAs must be operated within visual line 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 s pecified

on the PIC’s FAA

- issued airman medical certificate.

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

7. All operations must utilize a safety observer (SO). The SO may be used to satisfy the VLOS requirem ent 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 tr ansfer his or her designation for the duration of the flight. The PIC must ensure 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 ot her air traffic and other ground based obstacles/obstructions and is not permitted to operate the camera or

other instruments.

9. The operating documents and the grant of exemption must be accessible during UAS operations and

made available to the Adminis trator upon request. If a discrepancy exists between the conditions and limitations contained in the grant of exemption and the procedures outlined in the operating documents, the conditions and limitations contained in the grant of exemption take preceden ce and must be followed. Otherwise, the operator must follow the procedures as outlined in its operating documents. The operator may update or revise its operating documents. It is the operator’s responsibility to track such revisions and present updated a nd revised documents to the Administrator upon request. The operator must also present updated and revised documents if it petitions for extension or amendment to the grant of exemption. If the operator determines that any update or revision would affect t he basis upon which the FAA granted the exemption, then the operator must petition for amendment to its grant of exemption. The FAA’s UAS Integration Office (AFS

- 80) may be contacted if questions arise regarding updates or revisions to the operating docume nts.

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 safe flight. The Ground Control Station must be included in the preflight inspection. All maintenance and alterations must be properly documented in the aircraft records.

11. Any UAS that has undergone maintenance or alterations that affect the UAS operation 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 fo llow the UAS manufacturer’s aircraft/component, maintenance, overhaul, replacement, inspection, and life limit requirements.

14. The operator must carry out its maintenance, inspections, and record keeping requirements, in

## 14

accordance with the operating do cuments. Maintenance, 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 authorized person r eturning the

UAS to service.

15. Each UASs operated under this exemption must comply with all manufacturer Safety Bulletins.

16. The authorized person must make an entry in the aircraft record of the corrective action taken against discrepancies discovered betwe en inspections.

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

- class medical

certificate.

18. The operator may not permit any PIC to operate unless the PIC meets the operator’s qualification

criteria and demon strates the ability to safely operate the UAS in a manner consistent with how the UAS will be operated under the exemption, including evasive and emergency maneuvers and maintaining appropriate distances from persons, vessels, vehicles and structures. PIC qualification flight hours must be logged in a manner consistent with 14 C.F.R. § 61.51(b). Flights 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 d edicated training sessions. During training, proficiency, and experience

- building flights, all persons not essential for flight operations are considered nonparticipants, and the PIC must operate the UA with appropriate distance from nonparticipants in

acc ordance with 14 C.F.R. § 91.119.

19. UAS operations may not be conducted during night, as defined in 14 C.F.R. § 1.1. All operations must be conducted under visual meteorological conditions (VMC). If flight at night is required, a special request will be made at the FAA office closest to proposed area of operations. Flights under special 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 aero nautical chart unless a letter of agreement with that airport’s management is obtained, and the operation is conducted in accordance with a NOTAM as required by the operator’s COA. The letter of agreement with the airport management must be made available to the Administrator upon request.

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

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

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

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

24. The PIC is prohibited from beginning a flight unless (considering wind and forecast weather conditions) there is enough power to fly at normal cruising speed to the intended landing point and

land the UA with 25% batte ry power remaining.

25. The operator must obtain an Air Traffic Organization (ATO) issued Certificate of Waiver or Authorization (COA) prior to conducting any operations under the grant of exemption. This COA will also require the operator to request a No tice 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 level and po tential 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. pa rt 45, Subpart C. Markings must be as large as practicable.

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

governmen t 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. These documents must be made

available to the Administrat or or any law enforcement official upon request.

## 15

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

activities at all times.

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

31. Flig ht operations must be conducted at least 500 feet from all nonparticipating persons (persons other than the PIC, SO, operator trainees or essential persons), vessels, vehicles, and structures unless:

a. Barriers or structures are present that sufficiently protect nonparticipating persons from the UA and/or debris in the event of an accident. The operator must ensure that nonparticipating persons remain under such protection. If a situation arises where nonparticipating persons leave such protection

and are within 500 feet of the UA, flight operations must cease 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 determined 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 pe r § 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 obtaine d for each flight to be conducted.

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

- 80) w ithin 24 hours. Accidents must be reported to the National Transportation Safety Board (NTSB) per instructions contained on the NTSB Web site: www.ntsb.gov

. Reasons Why An Exemption From The Requirements Of Section 61.113(a) And (b) Would Not Adversely

Affect Safety.

Applicant submits that the equivalent level of safety established by Section 61.113(a) and (b) will be maintained because no PIC will be allowed to operate the DJI Phantom 3 Professional, DJI Inspire 1, 3DR Solo, or SenseFly eBee UASs unless that PIC has demonstrated, by meeting minimum flight

- hour and currency requirements, that the PIC is able to safely operate the DJI Phantom 3 Professional, DJI Inspire 1, 3DR Solo, and SenseFly eBee UAS s in a manner consistent with the exemption, including evasive and emergency maneuvers and maintaining appropriate distances from people, vessels, vehicles and structures.

Considering Applicant ’s proposed area of operations, and the operating limitations set forth

- abov e; 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 operate the DJI Phantom 3 Professional, DJI Inspire 1, 3DR Solo, or SenseFly eBee UAS, Applicant submits that the additional manned airmanship experience of a commercially certificated pilot would not correlate to the airmanship skills necessary for Applicant ’s specific proposed flight operations.

The FAA has previousl y granted relief from Section 61.113(a) and (b) specific to UAS, in circumstances similar, in all material respects, to those presented herein (e.g. Exemption Nos. 11062, 11063, 11064, 11065, 11066,

11067, 11080, 11109, 11110, 11112, 11136, 11138, 11150, 1 1153, 11156, 11158, 11159, 11160, 11161).

Applicant will not allow any PIC to operate the DJI Phantom 3 Professional, DJI Inspire 1, 3DR Solo, or SenseFly eBee UAS unless that PIC has demonstrated, by meeting minimum flight

- hour requirements or the

DJI Ph antom 3 Professional, DJI Inspire 1, 3DR Solo, or SenseFly eBee UAS training and currency requirements, that the PIC is able to safely operate the DJI Phantom 3 Professional, DJI Inspire 1, 3DR Solo,

and SenseFly eBee UAS in a manner consistent with this e xemption, 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, prior documented flight experience that was obtained in compliance with applicable regulations will ensure an equivalent level of safety during Ap plicant ’s proposed operations. The Administrator has held that prior documented flight experience that was obtained in compliance

## 16 with applicable regulations would ensure safe operations, stating as follows:

In Exemption No. 11062, the FAA required that p rior 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 h ours 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 hou rs of UAS rotorcraft time. In addition to the hour requirements, the PIC must accomplish 3 takeoffs and landings in the preceding 90 days (for currency purposes). The FAA finds that at a minimum, the flight

- hour requirements in Exemption No. 11062 are appr opriate to practice and build proficiency in the skills necessary to safely conduct the petitioner’s proposed operations. The FAA also finds that prior documented flight experience that was obtained in compliance with applicable regulations would satisfy t his requirement. Training, proficiency, and experience

building flights can also be conducted under 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 page 15.

Accordingly, Applicant will ensure safe operations by not allowing any PIC to operate the DJI Phantom 3 Professional, DJI Inspire 1, 3DR Solo, or SenseF ly eBee 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 3 Professional, DJI Inspire 1, 3DR Solo, or SenseFly eBee UAS in a manner consistent with the exe mption, including evasive and emergency maneuvers and maintaining appropriate distances from people, vessels,

vehicles and structures.

Reasons Why An Exemption From The Requirements Of Section 91.7(a) Would Not Adversely Affect Safety.

The equivalent lev el of safety established by Section 91.7(a) will be maintained because prior to every flight, Applicant will ensure that the DJI Phantom 3 Professional, DJI Inspire 1, 3DR Solo, or SenseFly eBee UAS is in an airworthy condition based upon the UAS’s complia nce 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 respects, to those presented herei n (e.g. Exemption Nos. 11062, 11063, 11064, 11065,

11066, 11067, 11080, 11109, 11110, 11112, 11136, 11138, 11150, 11153, 11156, 11157, 11158, 11159, 11160,
11161).

Reasons Why An Exemption From The Requirements Of Section 91.119 (c) and 91.121 Would Not

Ad versely Affect Safety.

The equivalent level of safety established by Section s 91.119 (c) and 91.121 will be maintained because the

altitude information of the DJI Phantom 3 Professional, DJI Inspire 1, 3DR Solo, and SenseFly eBee UASs 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 Applicant ’s operation of the DJI Phantom 3 Prof essional, DJI Inspire 1, 3DR Solo, and SenseFly

eBee UASs within visual line of sight, at or below 500 feet 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 UASs at ground level.

The FAA has previously granted relief from Section 91.121 specific to UAS, in circumstances similar, in all material respects, to th ose 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).

Reasons Why An Exemption From The Requirements Of Section 91.151(b) Would Not A dversely Affect Safety.

A grant of this exemption would ensure an equivalent level of safety established by 14 C.F.R. Section 91.151(b) as a result of (1) the technical specifications of the DJI Phantom 3 Professional, DJI Inspire 1, 3DR Solo, and SenseFly eBee UASs ; (2) the limitations on the proposed flight operations; and (3) the location of the proposed flight operations. Accordingly, Applicant will ensure that it will safely operate the battery powered DJI Phantom 3 Professional, DJI Inspire 1, 3DR Sol o, and SenseFly eBee UASs during daylight hours in VFR

## 17 conditions, with enough battery power to fly for a total duration of 13.5 minutes to the first point of intended landing and, assuming normal cruising speed, to fly after that for at least 4.5 minutes

. Here, as in Exemption No. 11109, the technical specifications of the DJI Phantom 3 Professional, DJI Inspire 1, 3DR Solo, and SenseFly eBee UASs ; 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 Phantom 3 Professional, DJI Inspire 1, 3DR Solo, and SenseFly

eBee UASs 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 critically low battery level, t he DJI Phantom 3 Professional, DJI Inspire 1, 3DR Solo, and SenseFly eBee UASs will descend and land automatically.

Significantly, previous exemptions granted by the FAA concerning Section 91.151 establish that safety is not adversely affected when the technical characteristics and operating limitat ions of the UAS are considered. Relief has been granted for manned aircraft to operate at less than the minimums prescribed in Section 91.151, including Exemption Nos. 2689, 5745, and 10650. Moreover, the FAA has previously granted relief from

Section 91.1 51 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, 11156, 11157, 11158 , 11159, 11160, 11161).

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, Applicant submits that the equivalent lev el 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 Applicant will use trained technicians to perform maintenance

, alterations, or preventive maintenance on the UASs using the methods, techniques, and practices prescribed in the operating documents (i.e., the Applicant Aerial Operations Manual, Monthly Maintenance Log, and t he DJI Phantom 3 Professional, DJI Inspire 1, 3DR Solo, and SenseFly eBee Instruction Manual s ). Furthermore, Applicant will document and maintain all maintenance records for the DJI Phantom 3 Professional, DJI Inspire 1, 3DR Solo, and SenseFly eBee UASs

.

Since the DJI Phantom 3 Professional, DJI I nspire 1, 3DR Solo, and SenseFly eBee UASs will be inspected as prescribed by the operating documents, Applicant 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 3 Pro fessional, DJI Inspire 1,

and 3DR Solo User Manuals are attached hereto as Exhibit C and D; a copy of the DJI Phantom 3 Professional, DJI Inspire 1, 3DR Solo, and SenseFly eBee UASs Maintenance LOG is attached hereto as Exhibit E.

Likewise, the exemption s ought will not adversely affect safety because Applicant 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 3 Professional, DJI Inspire 1, 3DR Solo, and SenseFly eBee UASs will be performed by trai ned 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 t hat safety is not adversely affected when the technical characteristics and operating limitations of the UAS are considered.

In consideration of Applicant ’s proposed operating limitations, the operating documents, and the technical aspects of the DJI Phan tom 3 Professional, DJI Inspire 1, 3DR Solo, and SenseFly eBee UASs

, Applicant submits that safety will not be adversely affected by granting exemption from 14 C.F.R. Sections 91.405(a), 91.407(a)(1) and (a)(2), 91.409(a)(2), and 91.417(a) and (b). The FAA has previously granted relief specific to UAS in circumstances similar, in all material respects, to those presented herein (e.g. Exemption Nos. 11062,

11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110, 11112, 11136, 11138, 11150, 11153, 11156, 11157

, 11158, 11159, 11160, 11161).

The FAA May Prescribe Any Other Conditions For Safe Operation.

In accordance with Section 333 of the FAA Modernization and Reform Act of 2012 (FMRA) and 14 C.F.R. §

21.16 entitled Special Conditions

, Applicant requests that the FAA prescribe special conditions for the intended operation of the DJI Phantom 3 Professional, DJI Inspire 1, 3DR Solo, and SenseFly eBee UASs , which contain such safety standards that the Administrator finds necessary to establish a level of safety e quivalent to that

## 18 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 limited 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 otherwise pose a threat to national security; and further, provides the authority for such UAS to operate without airworthiness certification in accordance with any requirements that must be established for the safe operation of the UAS in the N AS.

Likewise, the Administrator may prescribe special conditions pursuant to 14 C.F.R. § 21.16, for operation of the DJI Phantom 3 Professional, DJI Inspire 1, 3DR Solo, and SenseFly eBee UASs , since the airworthines s 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 airworthin ess regulations of this subchapter do not contain adequate or appropriate safety standards for an aircraft, aircraft engine, or propeller because of a novel or unusual design feature of the aircraft, aircraft engine or propeller, he prescribes special cond itions and amendments thereto for the product. The special conditions are issued in accordance with Part 11 of this chapter and contain such safety standards for the aircraft, aircraft engine or propeller as the FAA 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 with FMRA Section 333 and 14 C.F.R. § 21.16, the FAA may prescribe special

conditions for the Applicant intended operation of the DJI Phantom 3 Profe ssional, DJI Inspire 1, 3DR Solo, and SenseFly eBee UASs , which contain such safety standards that the Administrator finds necessary to establish a level of safety equivalent to that established by 14 C.F.R. Part 21, Subpart H, and 14 C.F.R Sections

61.113 (a) & (b), 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, stating: The Rules From Which Applicant Seeks Exemption:

Applicant seeks exemption from t he 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 Applicant Seeks:

This exemption will permit Applicant 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 Support Applicant ’s Request.

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

(FMRA) Section 333, which directs the Secretary of Transportation to determine if certain UAS may operate safely in the NAS. As such, Applicant ’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 natio nal security; and further, provides the authority for such UAS to operate without airworthiness certification.

As discussed in detail above, Applicant will operate the DJI Phantom 3 Professional, DJI Inspire 1, 3DR Solo, and SenseFly eBee UASs s afely in t he 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, Applicant seeks an exemption pursuant to 14 C.F.R. § 11.61 and Section 333 of the FAA

Modernization and Reform Act of 2012 (FMRA), which will permit safe operation of the DJI Phantom 3 Professional, DJI Inspire 1, 3DR Solo, and SenseFly eBee UASs commercially, without an airworthiness certificate, for the limited purpose of conducting aerial video and photog raphy over certain areas of the United States. By granting this Petition, the FAA Administrator will be fulfilling the Congressional mandate of the FAA Modernization and Reform Act of 2012, while also advancing the interests of the public, by allowing Appl icant to safely, efficiently, and economically operate the DJI Phantom 3 Professional, DJI Inspire 1, 3DR Solo, and SenseFly eBee UASs commercially within the NAS.

## 19 WHEREFORE , in accordance with the Federal Aviation Regulations and the FAA Modernization an d Reform
Act of 2012, Section 333, Applicant 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 the Applicant to operate the DJI Phantom 3 Professional, DJI Inspire 1, 3DR Solo, and SenseFly eBee UASs commercially for the purpose of conducting aerial video and photography over certain areas of the United States.

R espectfully submitted,

Richard W. Baker

116 Continental Dr.

Hattiesburg, MS 39402

rich@bakerfoto.com

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