UNITED STATES OF AM ERICA
DEPARTMENT OF TRANSPORTATION
FEDERAL AVIATION ADMINISTRATION

WASHINGTON, DC

Regulatory Docket No. _______________

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

**KEITH A. HEWES FOR AN EXEMPTION SEEKING RELIEF FROM THE REQUIREMENTS OF** 

**TITLE 14 OF THE CODE OF FEDERAL REGULATIONS SECTIONS 61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1),**  **91.409(a)(1) & (a)(2), AND 91.417(a) & (b) CONCERNING COMMERCIAL OPERATION**

**OF DJI Inspire 1,**  **Phantom 2 and 3, and Yuneec Typhoon Q500** 

**UNMANNED AIRCRAFT SYSTEMS**
**. PURSUANT TO SECTION 333 OF**  **THE FAA MODERNIZATION AND REFORM ACT OF 2012**

**(PUBLIC LAW 112**
**- 95)** 

**Submitted on May 1**  **0 , 2015** 
KEITH A HEWES 1545 NW 8 th St Miami FL 33125 (786)537

- 2329 uav.hewes@gmail.com**TABLE OF CONTENTS** Page

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

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

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

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

INTRODUCTION AND INTERESTS OF PETITIONER.............................

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

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

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

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

................................. ................5

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

............................ .............. .............7
THE SPECIFIC SECTIONS OF 14 C.F.R. FROM WHICH KEITH A HEWES SEEKS EXEMPTION...........................................................

............................................................................ ......8
THE EXT ENT OF RELIEF KEITH A HEWES SEEKS AND THE REASON KEITH A HEWES SEEKS THE RELIEF........

........................................................................................ .................11
THE REASONS WHY GRANTING KEITH A HEWES REQUEST WOULD BE IN THE PUBLIC INTEREST ...................................

.............. ....................................................... ......................15
THE REASONS WHY GRANTING THE EXEMPTION WOULD NOT ADVERSELY AFFECT SAFETY................

.......................................................... ............................. .............................19
SUMMARY THAT CAN BE PUBLISHED IN THE FEDERAL REGISTER...

.......................................... ...32 ANY ADDITIONAL INFORMATION, VIEWS, OR ARGUMENTS AVAILABLE TO SUPPORT KEITH A HEWES REQUEST......

........................ ......................................................... ...32
CONCLUSION..............................................

.................................. ........................................ ..............................33 Attachments explanation.................. ..............................................................................................34**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 Mod and Reform Act of 2012 (FMRA) Section 333 SO Safety Observer SOP Standard Operating Procedures UAV Unmanned Aircraft Vehicle UAS Unmanned Aircraft System VFR Visual Flight Rules VLOS Visual Line of Site VMC Visual Meteorological Conditions VTOL Vertical Takeoff and Landing

**SUMMARY**
KEITH A HEWES seeks exemption from the requirements of 14 C.F.R §§ 61.113(a) & (b), 91.7(a), 9 1.121, 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 KEITH A HEWES to operat e an Unmanned Aircraft System (UAS) for the commercial purpose of conducting aerial video and photography of construction sites, real estate, and landscape over certain areas of the United States.**INTRODUCTION AND INTERESTS OF THE PETITIONER**

KEITH A HEWE S provides his clients with expertise and knowledge in advanced technologies and solutions to increase efficiency, productivity and effectiveness. KEITH A HEWES h as thousands of hours flying experience. He has over 10 years as a USGOV UAS pilot and recreational/hobby experience in all aspects of aerial video and photography. In addition, he is retired US Air Force air traffic controller and has a FAA ground school certification as required to fly US GOV UAVs. The objective of KEITH A HEWES and his
a erial operations is to provide high quality imaging for a variety of commercial, public, and residential uses, specifically targeting:

• Real

- estate marketing

• Construction sites before and after

• Appraisals

• Motion Picture Filming

• Aerial acquisitions for inspections of public and private structures.

• Building Inspection operations

**BACKGROUND** Unmanned Aircraft Systems: DJI Inspire 1, Phantom 2 & 3 , and 

### Yuneec Typhoon Q500
KEITH A HEWES seeks an exemption to operate DJI systems for compensation or hire within the NAS. The DJI Inspire 1, Phantom 2 & 3 and 

### Yuneec Typhoon Q500 are vertical takeoff and landing (VTOL) Unmanned Aircraft (UA) with a Ground Control Station (GCS) utilizing electronic tablet or smart phone systems.
The DJ I Inspire 1 has a maximum gross wei ght of approximately 7 pounds, with a length of 17 inches and a width of 18 inches and a height of 10 inches and a maximum speed of approximately 30 knots.
DJI Phantom 2 ha s a maximum gross weight of approximately 3 pounds, while having a length of 16 inches width of 16 inches, height of 8 inches, and a maximum spee d of approximately 29 knots.DJI Phantom 3 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 30 knots.
The 

### Yuneec Typhoon Q50 has a maximum gross weight of 7 pound s , a length of 17inches, width of 17 inches, height of 10 inches, and a maximum speed of approximately 30 knots.
The DJI Inspire 1, Pha ntom 2 & 3 and 

### Yuneec Typhoon Q500 are equipped with four main rotors; driven by Lithium Polymer battery powered electric motors.
The DJI Inspire 1, DJI Phantom 2 & 3 and 

### Yuneec Typhoon Q500 UAS will be operated by KEITH A HEWES and will be registered in accordance with 49 U.S.C. 44103, Registration of Aircraft , as well as 14 C.F.R Part 47, Aircraft Registration, and marked in accordance with 14 C.F.R. Part 45, Identification and Registration Marking

. **BASIS FOR PETITION** Petitioner, K EITH A HEWES , 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 Inspire 1, DJI Phantom 2 & 3 , and 

### Yuneec Typhoon Q500 UASs in the National Airspace System (NAS), and for an exemption from the requirements of 14 C.F.R §§ 61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1) , 91.409(a)(1) & (a)(2), and 91.417(a) & (b). In consideration of the speed, weight, size, and limited operating area associated with the unmanned aircraft and its operation, KEITH A HEWES operation DJI Inspire 1, DJI Phantom 2 & 3 , and 

### Yuneec Typhoon Q5 00 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, KEITH A HEWES 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.
KEITH A HEWES submits that the requested relief is proper since an equivalent level of safety will be en sured. KEITH A HEWES will use experienced personnel or technicians to perform maintenance, alterations, or preventive maintenance on the UASs using the methods, techniques, and practices prescribed in the operating documents (i.e., Monthly Maintenance Log, and DJI Inspire 1, DJI Phantom 2 & 3 , and 

### Yuneec Typhoon Q500UASs Instruction Manual). Furthermore, KEITH A HEWES will document and maintain all

maintenance records for the DJI Inspire 1, DJI Phantom 2 & 3 , and 

### Yuneec Typhoon Q500 UASs

. Relief from certain requirements of S ection 61.113(a) and (b), entitled Private pilot privileges and limitations: Pilot in command , is requested by KEITH A HEWES to the extent necessary to allow a Pilot in Command (PIC) with significant experience in the field of UAV’s holding FAA ground scho ol 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 Inspire 1, DJI Phantom 2 & 3 , and 

### Yuneec Typhoon Q500 UASs in a ma nner consistent with this exemption, including evasive and emergency maneuvers and maintaining appropriate distances from people, vessels, vehicles and structures.
KEITH A HEWES seeks relief from Section 91.7(a), entitled Civil aircraft airworthiness, bec ause the DJI Inspire 1, DJI Phantom 2 & 3 , and 

### Yuneec Typhoon Q500 UASs do not require an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H. As such, KEITH A HEWES submits that he will ensure the DJI Inspire 1, DJI Phantom 2 & 3 , an d 

### Yuneec Typhoon Q500 UASs 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 Inspire 1, DJI Phantom 2 & 3 , and 

### Yuneec Typhoon Q500 UASs Instruction Manual), and that the aircraft are in a condition for safe flight.
KEITH A HEWES also seeks an exemption from the requirements of Section 91.121, entitled Altimeter Settings, as the DJI Inspire 1, DJI Inspire 1, DJI Phantom 2 & 3, and Yuneec Typhoon Q500 UAS will not have a typical barometric altimeter onboard. However, altitude information of the DJI Inspire 1, DJI Phantom 2 & 3 , and 

### Yuneec Typhoon Q500 UASs will be provided to the PIC via Global Positioning System (GPS) equipment and radio
co mmunications telemetry data link, which downlinks from the UA to the GCS for active monitoring of the flight path. This altitude information, combined with Keith A. Hewes operation of the DJI Inspire 1, DJI Phantom 2 & 3 , and 

### Yuneec Typhoon Q500 UASs withi n vis ual line of sight, at or below 4 00 feet AGL, will ensure a level of safety equivalent to Section 91.121. Additionally, KEITH A HEWES seeks an exemption from the requirements of Section 91.151(b), entitled Fuel requirements for flight in VFR conditions
. KEITH A HEWES submits that safety will not be affected by operation of the DJI Inspire 1, DJI Phantom 2 & 3 , and 

### Yuneec Typhoon Q500 UASs during daylight hours in visual meteorological conditions (VMC) under visual flight rules (VFR), with enough battery power to fly for a total durationof approximately 15 minutes to the first point of intended landing and, assuming normal

cruising speed, t o fly after that for at least 5 minutes. In accordance with 14 C.F.R. § 11.81, KEITH A HEWES 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 poi nt of contact is:


### Keith A. Hewes 1545 NW 8 th 

### St MIAMI FL 33125 uav.hewes @gmail.com (786)537

-2329

**B. The Specific Sections Of 14 C.F.R. From Which KEITH A HEWES**  **Seeks Exemption.**

**1. KEITH A HEWES**  **Seeks Exemption From The Requirements Of Section**  **61.113(a) And (b).** Section 61.113, entitled Private pilot privileges and limitations: Pilot in command , subsections (a) and (b) prescribe the following, in relevant part: (a) No person who holds a private pilot certificate may act as a pilot in command (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 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.
**2. KEITH A HEWES**  **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. KEITH A HEWES**  **Seeks Exemption From Th e 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

--

(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 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. KEITH A HEWES**  **Seeks Exemption From The Requirements Of Section 91.151(b).** 
Section 9 1.151, entitled Fuel requirements for flight in VFR conditions, subsection

(b), states the following:

(b) No person may begin a flight in a rotorcraft under VFR conditions unless (considering wind and forecast weather conditions) there is enough fuel to fly to the first point of intended landing and, assuming normal cruising speed, to fly after that for at least 20 minutes.**5. KEITH A HEWES**  **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 inspe cted 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. KEITH A HEWES**  **Seeks Exemption From The Req uirements 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 authorized under § 43.7 of this chapter[.]
**7. KEITH A HEWES**  **Seeks Exemption From The Requirements Of Sections 91.409(a)(1) And 91.409(a)(2)** 
**.** Section 91.409, entitled Inspections, subsection (a), states the following:

(a) Except as provided in paragraph (c) of this section, no person may operate an aircraft unless, within the preceding 12 calendar months, it has had

-- (1) An annual inspection in accordance with part 43 of this chapter and has been approved for return to service 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.
**8. KEITH A HEWES**  **Seeks Exemption From The Requirements Of Sections 91.417(a) And 91.417(b).**  Section 91.417, entitled Maintenance records, subsections (a) and (b), state the following:(a) Except for work performed in accordance with §§ 91.411 and 91.413, each registered owner or operator shall keep the following records for the periods specified in paragraph (b) of this section: (1) Records of the maintenance, preventive maintenance, and alteration and records of the 100

- hour, annua l, 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 acce ptable 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 in formation:

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

- limited parts of each airframe, engine, propeller, rotor, and appliance. (iii) The time since last overhaul of all items installed on the aircraft which are required to be overhauled on a specified time basis. (iv) The current inspection status of the aircraft, including the time since the last inspection required by the inspe ction program under which the aircraft and its appliances are maintained. (v) The current status of applicable airworthiness directives (AD) and safety directives including, for each, the method of compliance, the AD or safety directive number and revisio n 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 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 oth er 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 o r operator under § 43.11 of this chapter shall be retained until the defects are repaired and the aircraft is approved for return to service. **C. The Extent Of Relief KEITH A HEWES**  **Seeks And The Reason KEITH A HEWES**  **Seeks The Relief. 1. Extent Of Relief**  **K EITH A HEWES**  **Seeks And The Reason KEITH A HEWES**  **Seeks Relief From Section 61.113(a) And (b).** Relief from Section 61.113(a) and (b) entitled Private pilot privileges and limitations: Pilot in command

, is requested to the extent necessary to allow a PIC holding a private pilot or higher level certificate, as well as a current and valid airman 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, KEITH A HEWES submits that an equivalent level of safety will b e maintained because no PIC will be allowed to operate the DJI Inspire 1, DJI Phantom 2 UAS or DJI Phantom 3 UAS unless that PIC has met certain flight

- hour and currency requirements, demonstrating that the PIC is able to safely operate either the DJI Inspi re 1, DJI Phantom 2 or DJI Phantom 3 UAS in a manner consistent with the operations specifications as described in this exemption, including evasive and emergency maneuvers, as well as maintaining appropriate distances from people, vessels, vehicles and st ructures.Further, KEITH A HEWES submits that all flights of DJI Inspire 1, DJI Phantom 2 & 3 , and



### Yuneec Typhoon Q500 UASs, conducted by the PIC pursuant to the grant of this Petition: (1) will be incidental to KEITH A HEWES business; and (2) will not car ry passengers or property for compensation or hire.

**2. Extent Of Relief KEITH A HEWES**  **Seeks And The Reason KEITH A HEWES**  **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 KEITH A HEWES to determine that the DJI Inspire 1, DJI Phantom 2 & 3 , and 

### Yuneec Typhoon Q500 UASs are in airworthy condition prior to every flight by ensuring that the UAS is in compliance with the operating documents (i.e., the KEITH A HEW ES Aerial Operations Manual, Monthly Maintenance Log, and DJI Inspire 1, DJI Phantom 2 & 3 , and 

### Yuneec Typhoon Q500 UASs Instruction Manual).
KEITH A HEWES seeks the requested relief because the DJI Inspire 1, DJI Phantom 2 & 3 , and 

### Yuneec Typhoon Q500 UASs do not require an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H. Therefore, KEITH A HEWES will ensure that the DJI Inspire 1, DJI Phantom 2 & 3 , and 

### Yuneec Typhoon Q500 UASs are in airworthy condition based upon its compli ance with the operating documents (i.e., Monthly Maintenance Log, and DJI Inspire 1, DJI Phantom 2 & 3 , and 

### Yuneec Typhoon Q500 UASs Instruction Manual) 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 KEITH A HEWES**  **Seeks And The Reason KEITH A HEWES**  **Seeks Relief From Section 91.121.**

Relief from Section 91.121, entitled Altimeter settings, may be required to allow flight operations of th e DJI Inspire 1, DJI Phantom 2 & 3 , and 

### Yuneec Typhoon Q500 UASs, which 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 co ncerning UAS operations be reported to air traffic control (ATC) in feet above ground level (AGL), KEITH A HEWES seeks the requested relief because the DJI Inspire 1, DJI Phantom 2 & 3 , and 

### Yuneec Typhoon Q500 UASs 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 Inspire 1, DJI Phantom 2 & 3 , and 

### Yuneec Typhoon Q500 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.

**4. Extent Of Relief KEITH A HEWES**  **Seeks And The Reason KEITH**  **A HEWES 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 Inspire 1, DJI Phantom 2 & 3 , and 

### Yuneec Typhoon Q500 UASs during daylight hours in visual meteorological conditions (VMC), under visual flight rules (VFR), for a total duration of 15 minutes to the first point of intended landing and, assuming normal cruising speed, to fly after that for at least 5 minutes. KEITH A HEWES seeks the requested relief because without an exemption from Section 91.151(b), the flight time duration of the battery powered DJI Inspire 1, DJI Phantom 2 & 3 , and 

### Yuneec Typhoon Q500 UASs will severely constrain the practicali ty of any aerial video or still photo flight operations that KEITH A HEWES proposes to conduct pursuant to this Petition. Significantly, as set forth below, the technical specifications of the DJI Inspire 1, DJI Phantom 2 & 3 , and 

### Yuneec Typhoon Q500 UASs operating documents, and KEITH A HEWES proposed operating limitations, ensure that KEITH A HEWES will safely operate the battery powered DJI Inspire 1, DJI Phantom 2 & 3 , and 

### Yuneec Typhoon Q500 UASs during daylight hours in visual meteorological conditio ns (VMC), under visual flight rules (VFR), with enough battery power to fly for a total duration of 15 minutes to the first point of intended landing and, assuming normal cruising speed, to fly after that for at least 5 minutes. **5. Extent Of Relief KEITH A**  **HEWES Seeks And The Reason**  **KEITH A HEWES**

**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, KEITH A HEWES requests relief from theseSections because the DJI Inspire 1, DJI Phantom 2 & 3 , and 

### Yuneec Typhoon Q500 UASs

do not require airworthiness certificates. As set forth more fully b elow, DJI Inspire 1, DJI Phantom 2 & 3 , and 

### Yuneec Typhoon Q500 UASs meet the conditions of FMRA Section 333 for operation without an airworthiness certificate. Accordingly, KEITH A HEWES will use trained technicians to perform maintenance, alterations, or preventive maintenance on the UASs using the methods, techniques, and practices prescribed in the UAS operating documents (i.e., the KEITH A HEWES Aerial Operations Manual, Monthly Maintenance Log, and DJI Inspire 1, DJI Phantom 2 & 3 , and 

### Yuneec Typhoon Q500 UASs Instruction Manual). Furthermore, KEITH A HEWES will document and maintain all maintenance records for the DJI Inspire 1, DJI Phantom 2 & 3 , and 

### Yuneec Typhoon Q500 UASs

. **D. The Reasons Why Granting KEITH A HEWES**  **Request Would Be In The Public I**  **nterest; That Is, How It Would Benefit The Public As A Whole.**

Granting the present Petition will further the public interest by allowing KEITH A HEWES to safely, efficiently, and economically perform aerial video and photography of construction sites, re al estate, and landscape over certain areas of the United States. Additionally, use of the DJI Inspire 1, DJI Phantom 2 & 3 , and 

### Yuneec Typhoon Q500 UASs will decrease congestion of the NAS, reduce pollution, and provide significant benefits to the economy. Notably, the benefits of KEITH A HEWES proposed operation of the DJI Inspire 1, DJI Phantom 2 & 3 , and 

### Yuneec Typhoon Q500 UASs will be realized without implicating any privacy issues. **1. The Public Will Benefit From Decreased Congestion Of The NAS.** DJI Inspire 1, DJI Phantom 2 & 3 , and 

### Yuneec Typhoon Q500 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 the amount of manned aircraft needed to perform aerial acquisitions, an exemption allowing the use of a DJI Inspire 1, DJI Phantom 2 & 3 , and 

### Yuneec Typhoon Q500 UASs 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 around airports caused by arriving and departing aircraft will be reduced. The DJI Inspire 1, DJI Phantom 2 & 3, and Yuneec Typhoon Q500 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 trafficcontrol 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**  **Inspire 1, DJI Phantom 2 & 3, and Yuneec Typhoon Q500 UASs** Conducting aerial acquisitions with the DJI Inspire 1, DJI Phantom 2 & 3, and Yuneec Typhoon Q500 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 usi ng battery power and electric motors, the DJI Inspire 1, DJI Phantom 2 & 3, and Yuneec Typhoon Q500 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 photography, while burning approximately 20

- 30 gallons per hour of leaded aviation fuel. The DJI Phantom 2 and DJI Phantom 3 UAs, while reducing the carbon footprint of aerial acquisitions, also eliminat es noise pollution, as the UAs are propelled by battery powered electric motors, rather than an internal combustion engine. By using the DJI Inspire 1, DJI Phantom 2 & 3, and Yuneec Typhoon Q500 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 operations, will be substantially reduced or completely eliminated. Aside from the lack of flight crew members located onboard the aircraft, the DJI Inspire 1, DJI Phantom 2 & 3, and Yuneec Typhoon Q500 UASs (weighing approximately 2 pounds 11 ounces and 6 pounds 7.5 ounces respectively, at their maximum gross weights with lengths of 16 inches and 17.3 inches respectively, widths of 16 inches a nd 17.7 inches respectively, and with no fuel on board), has less physical potential for collateral damage to life and property on the ground, and in the air, compared to the manned aircraft that typically conduct similar operations (weighing approximately 6,000 pounds with a wingspan of approximately 42 feet, a length of 34 feet, and a fuel capacity of 180 gallons).

**3. Performing Aerial Video and Photography Operations With The DJI**  **Inspire 1, DJI Phantom 2 & 3, and Yuneec Typhoon Q500 UAS w** **ill Benefit The Economy.** 

In addition to being safe and efficient, the DJI Inspire 1, DJI Phantom 2 & 3, and Yuneec Typhoon Q500 UASs are also an economical alternative to using manned aircraft to conduct similar aerial operations. As such, operation of t he DJI Inspire 1, DJI Phantom 2 & 3, and Yuneec Typhoon Q500 UAS will allow United States based companies, like KEITH AHEWES, to remain competitive and contribute to growth of the U.S. economy. Specifically,

with the rising cost of aviation fuel and the E nvironmental Protection Agency (“EPA”) 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 Inspire 1, DJI Phanto m 2 & 3, and Yuneec Typhoon Q500 UAS 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 manned aircraft. By op erating the DJI Phantom 2 and DJI Phantom 3 UASs, companies such as KEITH A HEWES can remain competitive and profitable, and therefore, provide greater job stability to employees and contractors, which will ultimately contribute to growth of the U.S.
econo my. Improved financial performance of U.S. companies, through commercial use of the DJI Inspire 1, DJI Phantom 2 & 3, and Yuneec Typhoon Q500 UAS, provides a stable workforce that increases consumer spending; improves local, state, and federal tax
revenues; and allows companies to invest in research and development in order to remain competitive both in the United States and abroad. **4. There Are No Privacy Issues.** Similar to the manned aerial acquisition flight operations that have been conducted for deca des, KEITH A HEWES proposed operation of the DJI Inspire 1, DJI Phantom 2 & 3, and Yuneec Typhoon Q500 UASs will not implicate any privacy issues. Specifically, the DJI Inspire 1, DJI Phantom 2 & 3, and Yuneec Typhoon Q500 UAS will be operated only in comp liance with operating documents (i.e., the KEITH A HEWES Aerial Operations Manual, Monthly Maintenance Log, and DJI Phantom 2 and DJI Phantom 3 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. **E. The Reasons Why Granting The Exemption Would Not Adversely Affect Safety, Or How The Exemption Would Provide A Level Of Safety At L** **east Equal To That Provided By The Rule From Which**  **KEITH A HEWES Seeks Exemption.** 

**1. Reasons Why The DJI Inspire 1, DJI Phantom 2 &**  **3, and Yuneec Typhoon Q500 UAS**  **Meet The Conditions Of The FAA Modernization and Reform Act of 2012 (FMRA) Section 333.** I n consideration of the size, weight, speed, and limited operating area associated with the

unmanned aircraft and its operation, KEITH A HEWES operation of the DJI Inspire 1, DJI Phantom 2 & 3, and Yuneec Typhoon Q500 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 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 Section 333 states the following, in part:

(a) In General.

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

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

-- (1) which types of unmanned aircraft systems, if any, as a result of their size, weight, speed, operational capability, proximity to airports and populated areas, and operation within visual line of sight do not create a hazard to users of the national airspace system or the public or pose a threat to national security; and

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

(c) Requirements for Safe Operation.

-- If the Secretary determines under this section that certain unmanned aircraft systems may operate safely in the
na tional airspace system, the Secretary shall establish requirements for the safe operation of such aircraft systems in the national airspace system.In seeking this exemption, KEITH A HEWES submits that the DJI Inspire 1, DJI Phantom 2 &

3, and Yuneec Typ hoon Q500 UAS can operate safely in the NAS pursuant to FMRA Section 333, as demonstrated by: (a) the characteristics of the DJI Phantom 2 and DJI Phantom 3 UASs; (b) the pilot certification requirement; and (c) the specific operating limitations. **a. The Specifications Of The**  **DJI Inspire 1, DJI Phantom 2 & 3, and**

**Yuneec Typhoon Q500 UAS Demonstrate Its Safe Characteristics.** 

The DJI Inspire 1, DJI Phantom 2 & 3, and Yuneec Typhoon Q500 UAS do not create a hazard to users of the NAS or the public, or otherw ise pose a threat to national security considering its size, weight, speed, and operational capability.

**i. Technical Specifications o f**  **DJI Inspire 1, DJI Phantom 2 & 3, and**  **Yuneec Typhoon Q500 UAS.**

The technical specifications of the DJI Inspire 1, DJI Phantom 2 & 3, and Yuneec Typhoon Q500 UAS are set forth by the DJI Phantom 2 and DJI Phantom 3 User Manuals, attached hereto as Appendix A and B.

**ii. The DJI Inspire 1, DJI Phantom 2 & 3, and Yuneec Typhoon Q500**  **UAS Autonomous Flight And Navigation Modes**  **Enable The UASs To Remain Within A Defined Operational Area.** 

The DJI Inspire 1, DJI Phantom 2 & 3, and Yuneec Typhoon Q500 UAS may be operated in both manual and fully autonomous flight modes. A complete description of the flight and navigational modes of the DJI Inspire 1, DJI Phantom 2 & 3, and Yuneec Typhoon Q500 UAS provided in the User Manuals, attached hereto as Appendix A and B.

**iii. The DJI Inspire 1, DJI Phantom 2 & 3, and Yuneec Typhoon**  **Q500 UAS a re 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 Inspire 1, DJI Phantom 2 & 3, and Yuneec Typhoon Q500 UAS will remain stationary, in flight, for 3 seco nds or more. If, after 3 seconds, theDJI Inspire 1, DJI Phantom 2 & 3, and Yuneec Typhoon Q500 UAS do not reacquire 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., fails afe 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 at pages 27 through 29 and for the DJI Phantom 3 at pages 13 through 15 of the DJI Phantom 2 and DJI Phantom 3 User Manuals, attached hereto as Appendix A and B.

**iv. DJI Inspire 1, DJI Phantom 2 &**  **3, and Yuneec Typhoon Q500 UAS GCS**  **Operation.**

A complete description of the operation and specifications of the DJI Phantom 2 and DJI Phantom 3 GCS a nd flight control software is provided at pages 32 through 43 of the DJI Phantom 2 User Manual and pages 40 through 47 of the DJI Phantom 3 User Manual. DJI Phantom 2 and DJI Phantom 3 User Manuals are attached hereto as Appendix A and B.

**b . Flight Operations Of**  **DJI Inspire 1, DJI Phantom 2 & 3, and Yuneec Typhoon Q500 UAS a**  **re Limited To The Line Of Sight Of A Certificated Pilot in Command With A Safety Observer.** 

KEITH A HEWES will be the only person to act as a pilot in command (PIC) of DJI Inspire 1, DJI Phantom 2 & 3, and Yuneec Typhoon Q500 UAS. Additionally, a safety observer will assist him during flight time.

**c. Flights Of DJI Inspire 1, DJI Phantom 2 & 3, and Yuneec Typhoon**  **Q500 UASs w ill Be Conducted Pursuant To Specific Operatin**  **g Limitations.** 

In seeking this exemption, KEITH A HEWES proposes to commercially operate DJI Inspire 1, DJI Phantom 2 & 3, and Yuneec Typhoon Q500 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 UASs weighing less than 55 pounds maximum gross weight : DJI Inspire 1, DJIPhantom 2 & 3, and Yuneec Typhoon Q500 UAS . Proposed 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 flown at an indicated airspeed exceeding 45 knots.

4. The UA must be operated at an altitude of no mo re 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 operated within vis ual 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 first person view (F PV) 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 communi cate 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 ensure that the SO c an 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 permitted to operate the camera or other instruments.

9. The operating documents and the grant of exemption must be accessible during UAS operations and made available to the Administrator upon request. If a discrepancy exists between the conditions and limitations 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 outlined in it s operating documents. The operator may update or revise its operating documents. It is the operator’s responsibility to track such revisions and present updated and revised documents to the Administrator upon request. The operator must also present update d and revised documents if it petitions for extension or amendment to the grant of exemption. If the operator determines that any update or revision would affect the basis upon which the FAA granted the exemption, then the operator must petition for amendm ent to its grant of exemption. The FAA’s UAS Integration Office (AFS

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

10. Prior to each flight the PIC must inspect the UAS to ensure that it is in a condit ion 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. T he 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 follow the UAS manufacturer’s airc raft/component, maintenance, overhaul, replacement, inspection, and life limit requirements.

14. The operator must carry out its maintenance, inspections, and record keeping requirements, in accordance with the operating documents. Maintenance, inspectio n, 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 returning 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 between inspections.

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

- class medical certificate.

18. The operator may not permit any PIC to operate unless the PIC meets the operator’s qualification criteria and demonstrates the ability to safe ly 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 dedicated 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 accordance with 14 C.F.R. § 91 .119.

19. UAS operations may not be conducted during night, as defined in 14 C.F.R. § 1.1. All operations must be conducted under visual meteorological conditions (VMC). If flight at night is required, a special request will be made at the FAA office clo sest to proposed area of operations. Flights under special visual flight rules (SVFR) are not authorized.

20. The UAV may not operate within 5 nautical miles of an airport reference point as denoted on a current FAA

- published aeronautical chart unless a letter of agreement with that airport’s management is obtained, and the operation is conducted in accordance with a NOTAM as required by the operator’s COA. The letter of agreement with the airport management must be made available to the Administrator upo n request.

21. The UAV 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 UAV loses communications or loses its GPS signal, it must ret urn 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 accordance with the operati ng 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 UAV with 25% battery power remainin g.

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 Notice to Airman ( NOTAM) not more than 72 hours in advance, but not less than 48 hours prior to the operation. All operations shall be conducted in accordance with airspace requirements in the ATO issued COA including class of airspace, altitude level and potential transpon der requirements.

26. All aircraft operated in accordance with the exemption must be identified by serial number, registered in accordance with 14 C.F.R. part 47, and have identification (N

- Number) markings in accordance with 14 C.F.R. part 45, Subpart C. Markings must be as large as practicable.

27. Before conducting operations, the radio frequency spectrum used for operation and control of the UAV 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. These documents must be made available to the Administrator or any law enforcement offici al upon request.

29. The UAV must remain clear and yield the right of way to all manned aviation operations and activities at all times.30. The UAV 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 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 p ersons from the UAV 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 c loser 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 per § 91.119(a).

32. All operations shall b e 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. A ny 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) within 24 hours.Accidents must be report ed to the National Transportation Safety Board (NTSB) per instructions contained on the NTSB Web site: www.ntsb.gov.

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

KEITH A HEWES 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 Inspire 1, DJI Phantom 2 & 3, and Yuneec Typhoon Q500 UAS unless that PIC has demonstrated, by meeting minimu m flight

- hour and currency requirements, that the PIC is able to safely operate the DJI Inspire 1, DJI Phantom 2 & 3, and Yuneec Typhoon Q500 UASs in a manner consistent with the exemption, including evasive and emergency maneuvers and maintaining appropri ate distances from people, vessels, vehicles and structures. Considering KEITH A HEWES 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 operate the DJI Inspire 1, DJI Phantom 2 & 3, and Yuneec Typhoon Q500 UASs, KEITH A HEWES submits that the additional manned airmanship experience of a commerc ially certificated pilot would not correlate to the airmanship skills necessary for KEITH A specific proposed flight operations. The FAA has previously granted relief from Section 61.113(a) and (b) specific to UAS, in circumstances similar, in all material respects, to those presented herein (e.g. Exemption Nos. 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110, 11112, 1 1136, 11138, 11150, 11153, 11156, 11158, 11159, 11160, 11161).
KEITH A HEWES will not allow any PIC to operate the DJI Inspire 1, DJI Phantom 2 & 3, and Yuneec Typhoon Q500 UASs unless the PIC has demonstrated, by meeting minimum flight

- hour requirements or the DJI Inspire 1, DJI Phantom 2 & 3, and Yuneec Typhoon Q500 UASs training and currency requirements, that the PIC is able to safely operate the DJI Inspire 1, DJI Phantom 2 & 3, and Yuneec Typhoon Q500 UASs 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 landin gs 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 KEITH A HEWE S proposed operations. The Administrator has held that prior documented flight experience that was obtained in compliance with applicable regulations would ensure safe operations, stating as follows: In Exemption No. 11062, the FAA required that prior to conducting operations for the purpose of motion picture filming (or similar operations), the PIC must have accumulated and logged, in a manner consistent with 14 CFR 61.51(b), 25 hours of total time as a UAS rotorcraft pilot including at least 10 hours log ged 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 exempti on. 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 takeoffs and landings in the preceding 90 days (for currency purposes). The FAA finds that at a minimum, the flight

- hour requirements in Exemption No. 11062 are appropriate to practice and build proficiency in the skills necessary to safely conduct the petitioner’s proposed operations. The FAA also finds that prior documented flight experience that was obtained in compliance with applicable regulations would satisfy this requ irement. 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 UAS with appropriate distances in accordance with 14 C.F.R 91.119.

Exemption No. 11138 at page 15. Accordingly, KEITH A HEWES will ensure safe operations by not allowing any PIC to operate DJI Inspire 1, DJI Phantom 2 & 3, and Yuneec Typhoon Q500 UASs unless that PIChas demonstrated, by meeting minimum flight

- hour and currency requirements, that the

PIC is able to safely operate the DJI Inspire 1, DJI Phantom 2 & 3, and Yuneec Typhoon Q500 UASs 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 establ ished by Section 91.7(a) will be maintained because prior to every flight, KEITH A HEWES will ensure that DJI Inspire 1, DJI Phantom 2 & 3, and Yuneec Typhoon Q500 UASs is in an airworthy condition based upon the UAS’s compliance with its operating documen ts 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 herein (e.g. Exemption Nos. 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110, 11112, 11136, 11138, 11150, 11153, 11156, 11157, 11158, 11159, 11160, 11161).

**4. Reasons Why An Exemption From The Requirements Of Section 91.121 Would Not Adversely Affect Safety.** 

The equivalent l evel of safety established by Section 91.121 will be maintained because the altitude information of the DJI Inspire 1, DJI Phantom 2 & 3, and Yuneec Typhoon Q500 UAS will be provided to the PIC via GPS equipment and a radio communications telemetry data li nk, which downlinks from the UA to the GCS for active monitoring of the flight path and altitude. This altitude information, combined with KEITH A HEWES operation of the DJI Inspire 1, DJI Phantom 2 & 3, and Yuneec Typhoon Q500 UAS within visua l line of si ght, at or below 4 00 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
e stablished by the UASs at ground level. The FAA has previously granted relief from Section 91.121 specific to UAS, in circumstances similar, in all material respects, to those presented herein (e.g. ExemptionNos. 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11112, 11136, 11138,

11150, 11153, 11156, 11157, 11158, 11159, 11160, 11161).

**5. Reasons Why An Exemption From The Requirements Of Section 91.151(b) Would Not Adversely Affect Safety.** 

A grant of this exemption would ensure an equivalent l evel of safety established by 14 C.F.R. Section 91.151(b) as a result of (1) the technical specifications of the DJI Phantom 2 and DJI Phantom 3 UASs; (2) the limitations on the proposed flight operations; and (3) the location of the proposed flight operat ions. Accordingly, KEITH A HEWES will ensure that it will safely operate the battery powered DJI Inspire 1, DJI Phantom 2 & 3, and Yuneec Typhoon Q500 UAS during daylight hours in VFR conditions, with enough battery power to fly for a total duration of 15 minutes to the first point of intended landing and, assuming normal cruising speed, t o fly after that for at least 5 minutes. Here, as in Exemption No. 11109, the technical specifications of the DJI Phantom 2 and DJI Phantom 3 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 Inspire 1, DJI Phantom 2 & 3, and Yuneec Typhoon Q500 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 critic ally low battery level, the DJI Phantom Vision+ and DJI Phantom 3 UASs will descend and land automatically. Significantly, previous exemptions granted by the FAA concerning Section 91.151 establish that safety is not adversely affected when the technical characteristics and operating limitations of the UAS are considered. Relief has been granted for manned aircraft to operate at less than the minimums prescribed in Section 91.151, including Exemption Nos. 2689, 5745, and 10650. Moreover, the FAA has previo usly granted relief from Section 91.151 specific to UAS, in circumstances similar, in all material respects, to those presented herein (e.g. Exemption Nos. 8811, 10808, 10673, 11042, 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110, 11136, 111 38, 11150, 11153, 11156, 11157, 11158, 11159, 11160, 11161).

**6. Reasons Why An Exemption From The Requirements Of Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), And 91.417(a) & (b) Would**  **Not Adversely Affect Safety.**In seeking this exemption, KEITH A HEWES 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 KEITH A HEWES wi ll 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 KEITH A HEWES Aerial Operations Manual, Monthly Maintenance Log, and DJI Phantom 2 and DJI Phantom 3 Instruction Manual). Furthermore, KEITH A HEWES will document and maintain all maintenance records for the DJI Phantom 2 and DJI Phantom 3 UASs.
Since the DJI Inspire 1 , DJI Phantom 2 & 3, and Yuneec Typhoon Q500 UAS will be inspected as prescribed by the operating documents, KEITH A HEWES 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 Pha ntom 2 and DJI Phantom 3 User Manuals are attached hereto as Appendix A and B; a copy of the DJI Inspire 1, DJI Phantom 2 & 3, and Yuneec Typhoon Q500 UAS Maintenance LOG is attached hereto as Appendix C. Likewise, the exemption sought will not adversely affect safety because KEITH A HEWES 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 Inspire 1, DJI Phantom 2 & 3, and Yuneec Typhoon Q500 UAS will be performed by trained technicians. Maintenance will b e 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 affecte d when the technical characteristics and operating limitations of the UAS are considered. In consideration of KEITH A HEWES proposed operating limitations, the operating documents, and the technical aspects of the DJI Inspire 1, DJI Phantom 2 & 3, and Yuneec Typhoon Q500 UASs, KEITH A HEWES 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. ExemptionNos. 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110, 11112, 11136,

11138, 11150, 11153, 11156, 11157, 11158, 11159, 11160, 11161). **7. The FAA May Prescribe Any Other Conditions For Safe 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, KEITH A HEWES requests that the FAA prescribe special condi tions for the intended operation of the DJI Phantom 2 and DJI Phantom 3 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 §§ 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, p rovides 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 NAS. Likewise, the Administrator may prescribe special conditions pursu ant to 14 C.F.R. § 21.16, for operation of the DJI Phantom 2 and DJI Phantom 3 UASs, 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 aircra ft. Section 21.16, entitled Special Conditions, states the following: If the FAA finds that the airworthiness regulations of this subchapter do not contain adequate or appropriate safety standards for an aircraft, aircraft engine, or propeller because of a novel or unusual design feature of the aircraft, aircraft engine or propeller, he prescribes special conditions and amendments thereto for the product. The special conditions are issued in accordance with Part 11 of this chapter and contain such safety standards for the aircraft, aircraft engine or propeller as the FAA 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 Leading Edge’s intended operation of the DJI Phantom 2and DJI Phantom 3 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 Rule s From Which**  **KEITH A HEWES Seeks Exemption:** 

KEITH A HEWES 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 KEITH A HEWES**  **Seeks:**

This exemption will permit KEITH A HEWES to commercially operate an Unmanned Aircraft System (UAS) for the purpose of conducting aerial video and photography over certain areas of th e United States.

**• Any Additional Information, Views, Or Arguments Available To**  **Support KEITH A HEWES**  **Request.**

This Petition is made pursuant to the FAA Modernization and Reform Act of 2012 (FMRA) Section 333, which directs the Secretary of Transportation to determine if certain UAS may operate safely in the NAS. As such, KEITH A HEWES 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 such UAS to operate without airworthiness certification.As dis cussed in detail above, KEITH A HEWES will operate the DJI Inspire 1, DJI Phantom 2

& 3, and Yuneec Typhoon Q500 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.
**CONCLUSI ON**  As set forth herein, KEITH A HEWES 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 Inspire 1, DJI Phantom 2 & 3, and Yuneec Typhoon Q500 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 manda te of the FAA Modernization and Reform Act of 2012, while also advancing the interests of the public, by allowing KEITH A HEWES to safely, efficiently, and economically operate the DJI Inspire 1, DJI Phantom 2 & 3, and Yuneec Typhoon Q500 UAS commercially within the NAS.
**WHEREFORE**, in accordance with the Federal Aviation Regulations and the FAA Modernization and Reform Act of 2012, Section 333, KEITH A HEWES respectfully requests that the Administrator grant this Petition for an exemption from the requirem ents of 14 C.F.R Sections 61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b), and permit Leading Edge to operate the DJI Inspire 1, DJI Phantom 2 & 3, and Yuneec Typhoon Q500 UAS commercially fo r the purpose of conducting aerial video and photography over certain areas of the United States.

Dated: May 10, 2015

Attachments to this submission : 1. DJI Inspire 1 Manual 2. DJI Phantom 2 Manual 3. DJI Phantom 3 Manual 4. Yuneec Typhoon Q500 Manual 5. Maintenance log spreadsheetKEITH A HEWES only utilizes safe and reliable UASs. DJI and Yuneec are industry leaders in

small UAS production. DJI and Yuneec UASs are loaded with ground breaking software enabling the user to set parameters which will not allow flight into controlled airspace. Parameters can also be set to limit flight to no higher than a predetermined and set altitude as well as limit flight to a predetermined and set distance. In addition, DJI and Yuneec software provides real

- time altitude and locati on information to the PIC via the linked monitor (smart phone/tablet devices)

Very respectfully,

Keith A Hewes 1545 NW 8 th St MIAMI FL 33125 (786)537

- 2329 uav.hewes@gmail.com

**maximum upload to this site would not support my attachments: I've added a link** **s instead:** 
1. DJI Inspire 1 Manual http://download.dji

innovations.com/downloads/inspire_1/en/Inspire_1_User_Manual_v1.2_en.pdf
2. DJI Phantom 2 Manual http://download.dji

innovations.com/downloads/phantom_2_vision_plus/en/Phantom_2_Vision_Plus_User_Man ual_v1.8_en.pdf
3. DJI Phant om 3 Manual http://download.dji

innovations.com/downloads/phantom_3/en/Phantom_3_Professional_User_Manual_v1.0_e n.pdf
4. Yuneec Typhoon Q500 Manual http://www.yuneec.com/download/20150209080300.pdf