1

August

, 24 2015

Attn:

U. S. Departm ent of Transportation Docket Operations

West Building Ground Floor, Room w12

- 140

1200 New Jersey Ave, SE Washington, DC 20590

RE: BEA ARCHITECTS INC.

REQUEST AN EXEMPTION FROM THE REQUI REMENTS OF TI TLE 14 OF THE CODE

OF FEDERAL REGULATIONS

SECTI ONS 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 COMMERCI AL OPERATION OF DJ I P hantom

3 UNMANNED AIRCRAFT SYSTEMS PURSUANT TO SE CTION 333 OF

THE FAA MODERNIZATION AND R EFORM ACT OF 2012 (PUBLIC LAW 112 -95)

B runo

- Elias Ramos

Principal-in-Charge

BEA Architects Inc.

3075 NW South River Drive

Miami FL 33 142

305

- 461-2053 F- 305-634-0599

b eacomm@beai

. com2 **TABLE OF CONTENTS**

Page

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

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

IN TRODUCTION AND INTERESTS OF PETITIONER....................................................4

BACKGROUND................ ....................................................................................................4

BASI S FOR PETITION.........................................................................................................5

NAME AND ADDRESS OF PETIT IO NER.......................

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

THE SPECI FI C SECTIONS OF 14 C.F.R. FROM WHI CH BEA ARCHITECTS INC.

SEEKS EX EMPTI ON........................................

........................................... ... ..... .......... ....... 7

THE EXTENT OF RELIEF BEA ARCHITECTS INC. SEEKS AND THE REASON

BEA ARCHITECTS INC. SEEKS THE RE LIEF................... ...........................................10

THE REASONS WHY GRANTING BEA ARCHITECTS INC. 'S REQUEST WOUL D BE

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

THE REASONS WHY GRANTING THE EXEMPTI ON TO BEA ARCHITECTS INC.

WOUL D NOT ADVE RSEL Y AFFECT SAFETY..........................................

......... ....... .... 1 4

SUMMARY THAT CAN BE PUBLISHED IN THE FEDERAL REGI STER....

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

ANY ADDITIONAL INFORMATION, VIEWS, OR ARGUMENTS A VAILABLE TO

SUPPORT BEA ARCHITECTS INC. ’S RE QUEST... ...............................................25

CONCL USION............................................................................................................

. ........ 2 5

APPENDI CES............................................................... .......................... 263 **GLOSSARY OF ABBREVIATIONS**

AGL Above Ground Level

AOI Area of Interest

ATC Air Traffic Control

ATO Air Traffic Organization

AV Aerial Vehicle

CFR Code of Federal Regulations

COA Certificate of Authorization

FAA Federal Aviation Administration

FAR Federal Aviation Regulation

GCS Ground Control Station

GPS Global Positioning Sy stem

LOL Loss of Link

NAS National Airspace Sy stem

NOTAM Notice to Airman

PI C Pilot I n Command

Section 333 FAA Modernizatio n and Reform Act of 2012 (FMRA)

SO Safety Observer

SOP Standard Operating Procedure s

UA Unmanned Aircraft

UAS Unmanned Aircraft Sy stem

VFR Visual Flight Rules

VLOS Visual L ine of Site

VMC Visual Meteorological Conditions

VTOL Vertical Takeoff and Landing4 **SUMMARY**

B EA ARCHITECTS INC. seeks exemption fr om the requirements of 14 C.F.R § §

6 1

. 1 1 3( a) & ( b ), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 9 1

. 4 0 9 ( a)(1) & (a)(2),

and 9 1

. 4 1 7 ( a) & (b), to o p erate an Unmanned Aircraft Sy stem (D J I Phantom 3) p u r suant to

Section 333 of the FAA Modernization and R eform Act of 2012 (FMRA). This exemption

will permit B EA ARCHITECTS INC. to operate an Unmanned Aircraft Sy stem (UAS) f or th e

commercial purpose o f conducting aerial v ideo and photograph y of construction sites,

r esidential and commercial r eal estate, civil landscape s and events over certain areas of the

United States.

**INTRODUCTION AND INTERESTS OF THE PETITIONER**

B EA ARCHITECTS INC. has grown into one of the top ten architectural firms in volume of

work in South Florida. BEA ARCHITECTS INC. is a multi-interdisciplinary firm pro viding

p lanning, architectural, civil, structural engineering, interior design and construction management

services to corporations and institutions worldwide. For over 20 years, BEA ARCHITECTS INC.

h as completed over 500 projects throughout the world, with a superb client and employee safety

r ecord. In the past, we have used manned commercial aircraft for our aerial video and

p h otography. The objective of BEA ARCHITECTS INC. and o ur Unmanned Aircraft System

( DJI Phantom 3) aerial operations is to provide a more affordable, high-quality production system

f or a variety of commercial, governmental, public, and residential uses, specifically targeting

• Construction sites

• P r o p e r t y a

p p r ai s al s

• B u i l d i n g i n s p e c t i o n s

• R e a l -est ate mar k e t i n g

• E c o n o m i c d evelopment

• C i v i c landma r k s

• Special event coverage

• Pr ivate and governmental t r a i n i n g

Our staff has safely flown small RC electric planes and quad-copters recreationally for

approximately 5 ye ars w ithout incident.

**BACKGROUND**

Unmanned Aircraft Sy stems: DJI Phantom 3

, UAS

BEA ARCHITECTS INC. seeks an exemption to o p erate DJ I Phantom 3 sy stem for

compensation or h ire with in the NAS. The DJI Phantom 3 is vertical takeoff and landing

( VTOL) Unmanned Aircraft (UA) with a Ground Control Station (GCS) utilizing electronic

tablet or smart phone sy stems. The DJI P hantom 3 has a maximum gross weight of

approximately 2.8 lb. while having a diagonal d imension of 23.2”, a maximum speed of

approximately 1 6 .4’fps and a maximum fly ing h eight of 400'

. The DJ I Phantom 3 is equipped

with four main rotors; driven by L ithium Poly mer battery powered electric motors.5

The DJ I Phan tom 3 th at will be o p erated by BEA ARCHITECTS INC. will be register ed in

accordance with 49 U.S. C

. 44103, Reg istration o f Aircraft

, as well as 14 C.F.R Part 47, Aircraft

Reg istration

, and marked in acco rdance with 14 C.F.R. Part 45, Identification and Registrat ion

M a rking

.

**BASIS FOR PETITION**

Petitioner, BEA ARCHITECTS INC

. , p u rsuant to the pr ovisions of the Federal Aviation

Regulations (14 C

. F.R. § 11 .61) an d the FAA Modernization and R eform Act o f 2012 (FMRA),

Section 333, S

pecial Ru les for Certain Unmanned Aircraft S ystems

, hereb y petitions the

Administrator to commercially operate the DJ I Phan tom 3, UAS in the National Airspace Sy stem

( NAS)

, and f

o r an ex emptio n from the requirements o f 14 C.F.R §§ 6 1

. 1 1 3 ( a) & (b), 91 .7 (a),

9 1

. 1 2 1

, 91.151(b), 91.405(a), 91 .407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b).

I n consid eration o f the sp eed, weight, size, and limited operating area associated with the

u nmanned aircraft an d its op eration, BEA ARCHITECTS INC. o p eration of DJ I Phan tom 3

UAS meets the conditio n s o f FMRA Section 333 and theref or e, will not require an airworthiness

certificate in accordance with 14 C.F.R. Part 21, Subpart H.

Accordingl y, BEA ARCHITECTS INC. req uests relief f rom Sections 91.405(a),

9 1.407(a)(1), 9 1

. 4 0 9 ( a) ( 1) & (a)(2), and 91.4 17(a) & (b), as these sections set forth requir ements

for maintenance that only ap p l y to aircraft with an airworthiness certificate.

B EA ARCHITECTS INC. submits that the requested r elief is proper since an equivalent

level o f safet y will b e ensured. BEA ARCHITECTS INC. will use exp erienced person nel or

technicians to perfo r m maintenance, alterations, or preventive main ten ance on the UAS using th e

methods, techniques, and p r actices pr escribed in the o p erating documents ( i.e.

, Monthly

Maintenan ce Lo g, an d DJI P hantom 3 I n str u ction Manual). Furthermore, BEA ARCHITECTS

INC. w ill document an d

maintain all maintenance records for the DJ I Phantom 3 UAS.

R elief f r o m cer tain requirements o f Section 6 1

. 1 1 3 (a) and (b), entitled Private pilot privileges

and limi tations: Pilot in command

, is req uested b y BEA ARCHITECTS INC. to the extent

n ecessary to allow a Pilot in Command (PI C) holding a private pilot or higher lev el certificate, as

well as an airman med ical certificate, and who has demo nstrated, by m eetin g mi n imu m flig ht

h o ur and currency r equirements, that the PI C is able to safely operate the DJI Phantom UAS in a

manner consistent with this exemption, including evasive and emergency m aneu v ers and

maintaining appropriate distances from people, vessels, vehic les and structures.

BEA ARCHITECTS INC. seeks r elief from Section 91.7(a), entitled C ivil aircraft

a irworthiness

, b ecause the DJI P hantom 3 UAS do n o t requ ire an airworthiness certificate in

accordance with 14 C.F.R. Part 21, Subpart H. As such

, BEA ARCHITECTS INC. submits that

they will ensure that th e DJ I Pha n tom 3 UAS is in an air worth y condition, prior to every

flight, by de ter min in g that the UAS are in compliance with the o p erating d o cu men ts (i. e.,

Mo n thly Maintenance Lo g

, and DJ I Phantom 3 Instructio n Man ual), and that the air craft ar e in a

condition for safe flight.6

BEA ARCHITECTS INC. also seeks an ex emptio n from the requir ements of Section 91 .121,

entitled Altimeter S

ettings

, as the DJ I Phan tom 3 UAS will n o t hav e a ty p ical bar ometric

altimeter o nboard. However, altitude information of the DJ I Phantom 3 UAS will be pr ovided to

the PI C via Global Positioning Sy stem ( GPS) equip ment and rad io communications

telemetry d ata link, which downlinks from the UA to the GCS for active monito ring o f the f light

p ath

. Th is altitude information, combined with BEA ARCHITECTS INC. ’s o p eration o f

th e DJ I Phantom 3 UAS within visual lin e o f sig h t, at or b elow 400 f eet AGL, will ensure a

level o f safet y equivalent to Section 91.121.

Additionally

, BEA ARCHITECTS INC. seek s an ex emptio n f rom the requirements of

Section 91.151(b), entitled Fuel requirements for fligh t in VFR conditions

. BEA ARCHITECTS

INC. submits that safety w ill n o t be affected b y o peration of the DJ I Phantom 3 UAS d u r ing

d ay light hours in v isu al meteorological conditions (VMC) un der visu al flig ht rules (VFR),

with enough b attery powe r to fly f o r a total du ration o f approximately 23 minutes

. B attery

powe r in dicators are also able to show ex actly ho w much battery po wer is left, as well as

h ow mu ch time is needed to return safel y back to po int of take off.

I n accordance with 14 C.F.R. § 11.81, BEA ARCHITEC TS INC. p r o v ides the f o llowing

information in support of its petition for exemption:

**A. Name And Address Of The Petitioner.** 

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

B runo

- Elias Ramos

Principal -in-Charge

BEA Architects Inc.

3075 NW South River Drive

Miami FL 33142

305-461-2053 F- 305-634-0599

b eacomm@beai.com7

**B. T**  **he Specific**  **Sections Of**  **14 C.F.R.**  **From Which**  BEA ARCHITECTS INC. **Seeks**

**E x**  **emption.**

**1.** BEA ARCHITECTS INC. **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 a ct as a pilot in command

(PI C) of an aircraft that is carr yi ng passengers or propert y for compensation or hire;

nor may that person, for compensation or hire, act as PI C of an aircraft.

(b) A private pilot may

, for compensation or hire, act as PI C of an aircraft in

connection with an y business or emplo ym ent if

—

(1) The flight is only

incidental to that business or employ ment; and

(2) The aircraft does not carry passengers or property

for compensation or hire.

**2.** BEA ARCHITECTS INC. **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 o p erate a civil aircraft unless it is in an airworthy condition.

**3.** BEA ARCHITECTS INC. **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 b e, by r eference 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 alti meter setting of an appropriate available

station; or

(iii) In t he case of an aircraft not equipped with a radio, the elevation of the

departure airport or an appropriate altimeter setting available before

departure.8

**4.** BEA ARCHITECTS INC. **Seeks Ex**  **emption From**  **The Requirements**  **Of Section** 

**9 1** 

**. 1**  **5 1**  **(b).**

Section 91.151, entitled Fuel requiremen ts for flight in VFR conditions , subsection

(b), states the following:

(b ) No person may begin a flight in a rotorcraft under VFR conditions unless

(considerin g 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.** BEA ARCHITECTS INC. **Seeks E**  **x empt**  **ion From**  **The Requirement**  **Of Sect**  **ion**

**9 1.405(a).** 

Section 91.405, entitled Maintenance required

, subsection (a), states the following: Each

owner or operator of an aircraft

—

(a) Shall have that aircraft inspected as prescribed in subpart E of this part and shall

between required inspecti ons, except as provided in paragraph (c) of this section,

have discrepancies repaired as prescribed in part 43 of this chapter[.]

**6.** BEA ARCHITECTS INC. **Seeks Exemption**  **From The**  **Requirements Of**  **Section**

**9 1.407(a)(1)** 

Section 91.407, entitled Operation after maintenance, preventive maintenance,

rebuilding, or alteration

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

(a) No person may

o perate an y aircraft that has undergone maintenance, preventive

maintenance, rebuilding, or alteration unless

--

(1) It h as be en approved for return to service by a p erson authorized under § 43.7

of this chapter[.]

**7.** BEA ARCHITECT S INC. **Seeks Ex**  **emption From**  **The Requirements**  **Of Sections** 

**9 1.409(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 o perate 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

app roved 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.9

**8.** BEA ARCHITECT S INC. **Seeks Ex**  **emption From**  **The Requirement**  **s Of**  **Sections**

**91.417(a) And 91.417(b).**

Section 91.417, entitled Maintenance records

, subsections (a) and (b), state the

following:

(a) Except for work performed in accordance with §§ 91.411 and 91.413, each

registered owner or operator shall keep the following records for the periods specified

in paragraph (b) of this section:

(1) Records of the maintenance, preventive maintenance, and alteration and

records of the 100

- hour, annual, progressive, and other required or approved

inspections, as appropriate, for each aircraft (including the airframe) and each

engine, propeller, rotor, and appliance of an aircraft. The records must include

--

(i) A description (or reference to data acceptable to the Administrator) of the

work performed; and

(ii) The date of completion of the work performed; and

(iii) 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 applianc e.

(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 t he i nspection 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 rev ision date. If the AD or safet y directive involves

recurring action, the time and date when the next action is required.

(vi) Copies of the forms prescribed by § 4 3.9(d) of this chapter for each

major alteration to the airframe and currentl y installed engines, rotors,

propellers, and appliances.10 (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 o ther work or for 1 ye ar after the work is

performed.

(2) The records specified in paragraph (a)(2) of this section sh all 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.

**C. T**  **he E**  **x tent Of Relief**  BEA ARCHITECTS INC. **Seeks And T he Reason**  BEA

ARCHITECTS INC. **Seeks The Relief.**

**1. E**  **x t**  **ent Of**  **Relief** BEA ARCHITECTS INC. **Seeks And**  **The Rea**  **son** B E A

ARCHITECTS INC. **Seeks Relief From Sectio**  **n 6 1.**  **11 3(**  **a) And (b).**

R elief from Section 61.113(a) and (b) entitled Private pilot p rivileges and limitations: Pilot in

command

, is r eq

uested to the extent n ecessary t o allow a PI C h o ldin g a pr ivate pilo t or h igher

level certificate, as well as a current and valid airman medical certificate, and who has met

certain flight

- hour and cu rr ency r equiremen ts, to conduct the proposed UAS flight operations for

compensation or hire.

Th is relief is r eq u ested since the limitations set f o rth in Section 6 1

. 1 1 3 ( a) and (b) state that a

p r iv ate p ilo t may

, f

o r compensation o r h ire, act as PI C of an air craft in connec tio n with an y

business o r employ

ment if: (1) The flight is onl y incidental to that bu siness o r employ ment; and

(2) The aircraft d oes not carry passeng ers o r property for comp ensation or hire.

As set f o r th more full y b elow, BEA ARCHITECTS INC. submits th at an equivalent level o f

safet y will b e maintained b ecause no PI C will be allowed to o p erate the DJI P hantom 3 UAS

unless that PI C h as met certain flight -h our and curren cy r eq uirements, demonstrating that the

PI C is ab le to safel y o per ate either the DJ I Ph antom 3 UAS in a manner consistent with the

o p erations specifications as describ ed in this exemption, includin g evasive and emergency

maneuvers, as well as maintaining appropriate distances fr om peop le, v essels, v ehicles and

structures.

Further, BEA ARCHITECTS INC. submits that all f lig hts of the DJ I Phan tom 3 UAS

, conducted by t he PI C p u r suant to the gran t o f this Petition: (1 ) will be incidental to BEA

ARCHITECTS INC. ’s b usiness; and (2 ) will n o t carry p asseng ers or property fo r

compensation o r h ire.11

**2. E**  **x t**  **ent Of**  **Relief** BEA ARCHITECTS INC. **Seeks And**  **The Reason**  BEA

ARCHITECTS INC. **Seeks Relief From Section 91**  **.7 (a**  **).**

R elief f r o m Section 9 1.7(a) entitled Civil a ircraft a irworthiness

, is requ ested to the ex tent

requ ir ed to allow B EA AR CHITECTS INC. to determine that the DJ I Phantom 3 UAS are in

air wo r th y condition prior to every f light by e n surin g that the UAS is in compliance with the

o perating documents ( i.e., BEA ARCHITECTS INC. Aer ial Operations Man ual, Month ly

Maintenance Lo g , and DJI Ph an tom 3 In stru ction Manual).

B EA AR CHITECTS INC. seeks the requested relief because the DJ I Phantom 3 UAS d o n o t

r equire an airworthiness certificate in accordance with 14 C.F.R. Part 21, Su b p art H. Therefore,

B EA ARCHITECTS INC

. will ensu re that the DJI P hantom 3 UAS are in airworth y

condition b ased upon its co mpliance with the o p erating do cuments ( i.e.

, Month ly M aintenance

Lo g, and DJ I Ph antom 3) p r ior to every f lig h t, and further, determine that the aircraft are in

condition for safe flight, as stat ed in the conditions and limitatio n s below.

**3. E**  **x t**  **ent Of**  **Relief** BEA ARCHITECTS INC. **Seeks And**  **The Reason**  B E A

ARCHITECTS INC. **Seeks Relief From Section 91.121.**

R elief from Section 9 1

. 121, entitled Altimeter settings, may be r equired to allow f light

o p erations of th e DJ I Phan tom 3 UAS, which u tilize a b arometric pr essure sensor, GPS

equipment, and a r adio communications telemetry da ta link to downlink altitude information

f r o m th e UA to the PI C at th e g r o u n d control s tation (GC S). Sin ce the FAA r equires that an y

altitude information co ncerning UAS operations be rep or ted to air traffic control ( ATC ) in f eet

above g r o u n d level ( AGL)

, BEA ARCHITECTS INC. seeks the req uested relief b ecause the DJI

Phantom 3 UA’s altimete r may b e set on the g r o u n d to zero f eet AGL, rather than the local

barometric pressure or field altitude, before each flight.

C onsidering the limited altitude o f the proposed op erations, r elief f r o m 14 CFR 91.121 is sought

to the extent necessary to co mpl y with the applicable conditions and limitations stated below. As

more f ully s et forth h erein, an equiv alent level o f safet y will be maintained since the DJ I

Phantom 3 UAS are equipped with a b arometric p r essure sen sor and GPS equipment, which

automaticall y en su r es that a ground level pressure setting will be established p r ior to each flight,

and pr o v id es th e PIC with altitude information of the UA on the heads -u p disp lay of the GCS.

**4. E**  **x t**  **ent Of**  **Relief** BEA ARCHIT ECTS INC. **Seeks And**  **The Reason**  B E A

ARCHITECTS INC. **Seeks Relief Fro m Section**  **91.151(b).**

Relief f r o m Section 9 1 .151(b) entitled Fuel requirements fo r f ligh t in VFR conditions

, is

r equested to the extent r equired to allow flights o f the battery po wered DJI Phantom 3 UAS

d u ring d ay light h ours in visu al meteo ro logical conditio n s ( VMC )

, un der visu al f lig h t r u les

(VFR), f o r a to tal d

u r atio n o f 23 min u tes. BEA ARCHITECTS INC. seeks the req uested

r elief b ecause without an exemption fr om Section 91 .151(b), the flight time du ration of the12

b attery po we r ed DJ I Phantom 3 UAS will sev erely constrain the practicality o f an y aerial v ideo

o r still p hoto flight o p erations that BEA ARCHITECTS INC. proposes to conduct pursuant to

this Petition.

Significantl y, as set f

o rth b elow, the technical specifications of the DJ I Phantom 3 UAS

, the DJ I

Phantom 3 o perating d ocuments, and BEA ARCHITECTS INC. ’s p r oposed o p erating

limitations, ensu re that BEA ARCHITECTS INC. will safely op erate the battery po wered DJI

Phantom 3 UAS during d ay light hours in v isu al meteor ol o gical conditions ( VMC), under

v isu al flight rules (VFR), with enough battery power to fly f or a total duration of 23 min u tes

.

**5. E**  **x tent**  **Of Relief**  B EA ARCHITECTS INC. **Seeks And**  **The Reason**  BEA

ARCHITECTS INC. **Seeks Relief**  **From Sections**  **91 .4**  **05(a), 91.407(a)(1),**  **9 1**  **.409(a)(1) &** 

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

Sin ce Sections 91.405(a), 91.407(a)(1), 9 1

. 4 0 9 ( a)(1) & (a)(2), and 91.417(a) & (b) only app ly t o

aircraft with an airworthiness certif icate, BEA ARCHITECTS INC

. requests r elief from

these Sections because the DJ I Phan tom 3 UAS do n o t requir e airworthiness certificates. As set

f o r th mor e full y b elow, the DJ I Phantom 3 UAS meet the conditions o f FMRA Section 333 fo r

o peration without an airworthiness certificate

. Accordingl y, BEA ARCHITECTS INC. will u se

trained technicians to perform maintenance, alterations, o r preventive maintenance on the

UAS using the methods, techniques, and p r actices p r escr ibed in the UAS o p erating d o cumen ts

(i.e., the B EA ARCHITECTS INC. Aerial Oper ations Manual, Month ly M aintenance Lo g, and

DJI P hantom 3 I n struction Manu al). Furthermore, BEA ARCHITECTS INC. will

document and maintain all maintenance records for the DJI Phantom 3 UAS

.

**D. T**  **he Reasons**  **W hy**  **Granting** BEA ARCHITE CTS INC. **Request Wo**  **uld B**  **e In**  **The**

**Public Interest; That Is, How It Would Benefit The Public As A Whole.**

Granting the present Petition will further the public interest by a llowin g BEA ARCHITECTS

INC. to safely

, eff

iciently

, and economically p erform aerial video and ph oto graph y of

constructio n sites, real estate, events and civic landscape over certain areas of the United States.

Additionally

, u se o f the DJ I Phantom 3 UAS will decrease congestion o f the NAS, r ed u ce

p ollution, an d p r ovide signi ficant ben efits to the eco n o m y. Notabl y, the ben efits of ’s p r o p o sed

o p eration o f the DJI P hantom 3 UAS will be r ealized without imp licating an y privacy

issues.

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

The DJ I P hantom 3 UAS are b attery po wered an d serve as a safe, efficient, and economical

alternative to the manned aircraft trad itionally u tilized to obtain a erial imagery

. B y r educing the13

amount of manned aircraft needed to per fo rm aer ial acq uisitions, an exem ption allowing the u se

o f a DJ I Ph antom 3 UAS would reduce the amount o f mann ed air craft in the NAS, r educe no ise

and air pollution, as well as increase the safet y of lif e and propert y in the air and on the g r o und.

Furthermore, b y r ed

u cing the n u mber o f manned aircr aft o perating in the NAS, congestion

around airports caused b y a r riving and d ep arting air craft will be r educed. The DJ I Phan tom 3

UAS do n o t require an airport to takeoff o r land. Li kewise, a r eduction o f mann ed air cr aft

conducting aerial v id eo and ph oto gr aph y missions would result in fewer air craft that must be

h an d led by a ir traffic control durin g the ground, takeoff, departu re, arrival, and landing phases of

flight operations.

**2**

**. The Public Will Benefit**  **From The Safety And Efficiency Of The D JI**  **Phant om**  **3 UAS.** 

Conducting aerial acquisition s with the DJ I Phantom 3 UAS, instead o f manned aircraft, will

g r eatl y b enefit the public b y dr astically r educing the levels of air and n o ise po llutio n g enerated

d u r in g traditional aerial v id eo and still p h o tography flight op erations. By us ing b attery po wer

an d electric mo tors, the DJI P hantom 3 UAS p r o d u ce no air po llution, and is the most viable

environmentally

c onscious alternative to the cabin class, six cy linder int ernal comb u stion eng ine

aircraft that are ty

p ically u tilized fo r aerial v ideo and ph otograph y

, while burning approximately

20-30 g allo n s p er h o u r o f leaded aviation fu el. The DJ I Phan tom 3 UAS

, while reducing the

carbon footprint o f aerial acqu isitio ns, al so eliminates no ise po llution, as the UAS are p r opelled

b y battery

powered electric motors, rather than an internal combustion engine.

B y us in g the DJ I Ph antom 3 UAS to perform aer ial acquisitions, the substantial risk to life and

p r opert y in th e air an d on the ground, which is usually asso ciated

with tr aditio nal manned aircraft

flight o p erations, will b e substantially r educed or completel y eliminated. Aside from the lack o f

f lig h t crew members lo cated o nboard the aircraft, the DJ I Phan tom 3 UAS (weighing

approximately 2.8 p o u n d s at their maximum gr oss weight with d iagonal dimension o f 2 3

. 2

in ch es

, and with no f

u el on board), has less ph ysical potential for collateral damage to life and

p r opert y on the g r ound, and in the air, compared to the mann ed aircraft that ty pically c onduct

similar o p erations (weighing app ro ximately 6, 000 pounds with a wingspan o f approximately 42

f eet, a length of 34 feet, and a fuel capacit y o f 180 gallons).

**3**

**. Performing Aerial Video and Photography Operations With The**  **DJI Phantom 3**  **UAS**

**W ill Benefit The Economy.** 

In a d d ition to being safe and ef ficient, the DJI P hantom 3 UAS are also an economical

alternative to u sing manned aircraft to conduct similar aerial operations. As such

, o p eration o f

th e DJI P hantom 3 UAS will allow United States based companies, lik e BEA ARCHITECTS

INC. , to remain competitive and contribute to growth of th e U.S. economy . Specificall y, with the

r isin g co st o f aviation f uel and the Env ironmental Protection Agen cy ( “EPA”) regulatory

actions phasing o u t leade d aviation fuels, U.S. owned and op erated companies must adopt new

an d alternative technology i n order to remain competitive. Operating the battery po wered DJ I

Ph antom 3 UAS is o n e su ch technology t hat n o t o nly a llows compan ies g r eater o p erational14

flexibil ity c ompared to mann ed air craft, b u t p r o vides such f lex ibility w ithout the high

operational cost of a traditional manned aircraft.

By op erating the DJ I Phan tom 3 UAS, comp anies such as BEA ARCHITECTS I NC.

, can

remain competitive an d p ro fitable, and ther efore, p rovide g r eater job stability t o employ ees and

contractors, wh ich will ultimately c ontribute to gr owth o f the U. S. economy. Imp ro ved fin an cial

p erfor man ce of U.S. companies, through commercial use o f the DJ I Phan tom 3 UAS, p r ovides a

stable wo r k fo rc e that increases consumer spending; impr ov es local, state, and fed eral tax

r ev enues; an d allows co mp anies to inv est in research and development in or der to remain

competitive both in the United States and abroad

.

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

Similar to the man ned aerial acquisition f lig h t op erations that have been conducted fo r d ecades,

BEA ARCHITECTS INC

. ’s p roposed o p eration of the DJ I Phantom 3 UAS will not

implicate any pr ivacy i ssues. Specifically

, the DJI P hantom 3 UAS will be o perated o n ly i n

compliance with o p erating d o cuments (i.e., BEA ARCHITECTS INC. Aerial Operations

Manual, Monthly M aintenance Lo g, and DJ I Phantom 3 I n str u ction Man u al) which r equires

p r opert y o wner in v o lv ement as well as local law enforcement notification, and in accordance

with the Fed eral Av iatio n Regulations, includin g the minimum altitude requirements of 14

C.F.R. § 91.119.

**E**

**. T**  **he Reasons**  **W hy**  **Gra nting**  **The Ex**  **emption Would**  **Not Adv**  **ersely Aff**  **ect Saf**  **ety, Or** 

**Ho w**  **T he**  **Exemption Would**  **Provide A**  **Level Of**  **Safety At**  **Least Equal**  **T o**  **Tha t**  **Provided**

**B y**  **The Rule From Which** BEA ARCHITECTS INC. **Seeks Exemption.**

**1. Reasons**  **Why T**  **he DJI**  **Phantom 3**  **UA S**  **Meet The**  **Conditions Of**  **The FAA** 

**Modernization and Reform Act of 2012 (FMRA) Section 333.**

I n consid eration o f the size, weight, speed, and limited operating area associated with the

u nmanned aircraft an d its op eration, BEA ARCHITECTS I NC. ’s o peration of the DJ I

Phantom 3 UAS meet the conditions of FMRA Section 333, and will not require an airworthiness

certificate i n accordance with 14 C.F.R. Part 21, Subpart H.

Section 333 provides authority f o r a UAS to o p erate without airworthiness certification an d sets

forth r eq uirements for considering whether a UAS will create a hazard to users of the NAS or the

p u b lic, or ot h erwise pose a threat to national security

. Specificall y

, FMRA Section 333 states the

following, in part:

(a) In General.

-- Notwithstanding any other requirement of this subtitle, and not later

than 180 days after the date of enactment of this Act, the Secretary of Transportation

shall determine if certain unmanned aircraft systems may operate safely in the

nat ional 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.15 (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 Stat es

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 natio nal airspace

system, the Secretary shall establish requirements for the safe operation of such

aircraft systems in the national airspace system.

I n seeking th is exemption, BEA ARCHITECTS INC. submits that the DJ I Phantom 3 UAS can

o perate safely i n th e NAS p u r suant to FMRA Section 333, as d emonstrated by : (a) the

ch aracteristics o f th e DJI Phan tom 3 UAS ; (b ) the pilo t certification requ irement; and (c) the

sp ecific operating limitations.

**a**

**. The Specifications Of The**  **DJI Phantom 3 UAS**  **Demonstrate Its Safe Characteristics.** 

The DJ I Phantom 3 UAS doe s n o t create a hazard to users o f the NAS or the public, or o therwise

p ose a threat to national securit y considering its size, weight, speed, and operational capab ility.

**i. Technical Specifications Of The**  **DJI Pha**  **ntom 3 U**  **AS**

**.**

The technical specifications of the DJI P hantom 3 UAS are set f o r th by t he DJ I Phantom 3 Use r

Manual

, att ached hereto as Appendix A

.

**ii. The DJI Phantom 3 UAS**  **Global Positioning Modes Enable The UAS To Remain** 

**Within A Defined Operational Area.** 

The DJ I Phantom 3 UAS may be operated in both manual and global positioning flight modes. A

complete description of the flight and navigational modes of the DJ I Phantom 3 UAS is provided

at pages 11 of the DJ I Phantom 3 User Manual attached hereto as Appendix A

.

**iii. The DJI Phantom 3 UAS**  **Are Designed For Automatic Return To Home Point**

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

When the Control Li nk is lost, the DJI P hantom 3 UAS will remain stationary

, in flight, for 3

secon ds or more. If, after 3 seconds, the DJ I Phantom 3 UAS do es not reacquire control link data

from the GCS, the UAS will assume that the Control Li nk is lost and the will return to the home

position (i.e., failsafe mode) via GPS, and will descend to the take off position and shutdown.16

A complete description of the Failsaf e Functions o f the DJ I Phantom 3 UAS are set f o r th at

p ages 12 through 14 of the D J I P h antom 3 User Manu al, attached h ereto as Appendix A

.

**iv. T**  **he DJI Phantom 3**  **GCS And Its Operation.**

A complete description of the o p eration and specifications o f the DJI P han tom 3 GCS and flig ht

control software is p rovided at p ages 23 thr ou gh 29 of the DJ I Ph an tom 3 User Manual. DJ I

Ph antom 3 User Man ual is att ached hereto as Appendix A

.

**b. Flight Op**  **erations Of DJ**  **I Phantom 3 UAS Is**  **Limited To The L ine Of Sight Of A** 

**Certificated Pilo t**  **in Command Wit h**  **A Safety Observer.**

B EA ARCHITECTS INC. v ideo production staff will be the only person s to act as a pilo t in

command ( PI C) o f the DJI P hantom 3 UAS

. Add itionally

, a safety o bserver will assist him at all

times during flight time.

**c. Flights Of D**  **JI Phantom 3 UAS Will Be Conducted Pursuant To Specific Operating** 

**Lim itations.** 

In seeking this exemption, BEA ARCHITECTS INC. p r oposes to commerciall y operate DJ I

Phantom 3 UAS f

or the special pu rp ose of condu cting aerial video and photograph y over certain

areas of United States, pursuant to the following specific operating limitations.

1. Operations authorized by t his grant of exemption will be limited to the f ollowing

aircraft described in the operating documents, rotorcraft UAS weighing less than 55

pounds maximum gross weight: DJ I Phantom 3 Unmanned Aircraft Sy stems.

Proposed operations of any o ther 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 photograph y.

3. The UA S may

not be flown at an indicated airspeed exceeding 20 knots.

4. The UA must be operated at an altitude of no more than 4 00 feet above ground level

(AGL), as indicated by

t he procedures specified in the operating documents unless a

special request is made and approved by A TC. All altitudes reported to ATC must be

in feet AGL.

5. The UAS must be operated within v isual line of sight (VLOS) of the PI C at all

times. This requires the PI C to be able to use human vision unaided by a ny d evice

other than corrective lenses, as specified on the PI C’s FAA -issued airman medical

certificate.

6. The use of first person view ( FPV) by t he PI C or safet y observer (SO) is not

permitted.17 7. All operations must utilize a safety o bserver (SO). The SO may b e used to satisfy

the VLOS requirement as long as the PI C a lway s maintains VLOS capability . T he SO

and PI C must be able to communi cate verball y at all times. Electronic messaging or

texting is not permitted during flight operations. The PI C must be designated before

the flight and cannot transfer his or her designation for the duration of the flight. The

PI C must ensure that the SO c an perform the functions prescribed in the operating

documents.

8. The SO must not perform any other duties beyond assisting the PI C with seeing and

avoiding other air traffic and other ground based obstacles/obstructions and is not

permitted to operate t he 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

e xists 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 its operating

documents. The operator may u pdate or revise its operating documents. It i s the

operator’s responsibility to track such revisions and present updated and revised

documents to the Administrator upon request. The operator must also present updated

and revised documents if it petitions for ex tension or amendment to the grant of

exemption. If the operator determines that an y update or revision would affect the

basis upon which the FAA granted the exemption, then the operator must petition for

amendmen t to its grant of exemption. The FAA’s UAS Integration Office (AFS

- 80)

may b e 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 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 U AS that has undergone maintenance or alterations that affect the UAS

operation or flight cha racteristics, e.g. replacement of a flight critical component,

must undergo a functional test flight. The PI C who conducts the functional test flight

must make an entry

in the aircraft records.

12. The pre

- flight inspection must account for all potential discrepancies, e.g.

inoperable components, items, or equipment, not alread y covered in the relevant

sections of the operating documents.

13. The operator must follow the UAS manufacturer’s aircraft/component,

maintenance, overhaul, replacement, inspection , and life limit requirements.18 14. The operator must carr y out its maintenance, inspections, and record keeping

requirements, in accordance with the operating documents. 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 returning the UAS to service.

15. Each UAS operated under this exemption must comply w ith all manufact urer

Safety Bulletins.

16. The authorized person must make an entry i n the aircraft record of the corrective

action taken against discrepancies discovered between inspections.

17. The PI C must possess at least a private pilot certificate and at least a c urrent third

class medical certificate.

18. The operator may

n ot permit an y PI C to operate unless the PIC meets the

operator’s qualification criteria and demonstrates the ability t o safel y operate the

UAS in a manner consistent with how the UAS will be o perated under the exemption,

including evasive and emergency m aneuvers 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). Fli ghts for the purposes of

training the operator’s PI Cs are permitted under the terms of the exemption.

However, training operations may o nl y be conducted during dedicated training

sessions. During training, proficiency , and experience

- building flights, all persons not

essential for flight operations are considered nonparticipants, and the PI C must

operate the UA with appropriate distance from nonparticipants in accordance with 14

C. F.R. § 91.119.

19. UAS operations may

not be conducted during night, as defi ned 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 fli ght rules (SVFR) are not

authorized.

20. The UA may

n ot 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 t he operator’s COA. The letter of

agreement with the airport management must be made available to the Administrator

upon request.

21. The UA may

n ot be operated less than 500 feet below or less than 2,000 feet

horizontally

from a cloud or when visibility is less than 3 statute miles from the PI C.

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

determined location within the planned operating area and lan d or be recovered in

accordance with the operating documents.19 23. The PIC must abort the flight in the event of unpredicted obstacles or emergencies

in accordance with the operating documents.

24. The PI C is prohibited from beginning a flight unless (con sidering wind and

forecast weather conditions) there is enough power to fly a t normal cruising speed to

the intended landing point and land the UA with 25% battery power remaining.

25. The operator must obtain an Air Traffic Organization (ATO) issued Cert ificate 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 t he

operation. All operations shall be conducted in accordance with airspace requirements

in the ATO issued COA including class of airspace, altitude level and potential

transponder requirements.

26. All aircraft operated in accordance with the exemption m ust 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 s pectrum used for operation

and control of the UA must comply w ith 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 PI C at the Ground Control Station of the UAS an y time the UAS is operating.

These documents must be made available to the Administrator or any l aw

enforcement official upon request.

29. The UA must remain clear and yi eld the right of way t o all manned aviation

operations and activities at all times.

30. The UAS may

not be operated b y the PIC from any moving device or vehicle.

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

persons (persons other than the PI C, SO, operator trainees or essential persons),

vessels, vehicles, and structures unless:

a. Barriers or structures are present that sufficiently p rotect 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 PI C has made a safety a ssessment of the risk of o perating closer to

those objects and determined that it does not present an undue hazard, and;20 c. Operations nearer to the PI C, SO, operator trainees or essential persons do

not present an undue hazard to those persons per § 91.119(a).

32. All operations shall be conducted over private or controlled

- access property w ith

permission from the land owner/controller or authorized representative. Permission

from land owner/controller or authorized representative will be obtained for each

flight to be conducted.

33. Any i ncident, 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

reported to the National Transportation Safety B oard (NTSB) per instructions

contained on the NTSB Web site: www.ntsb.gov.

**2. Reasons**  **W hy**  **An Ex**  **emption Fro**  **m The**  **Requirements Of**  **Section 6**  **1**

**. 113(a)**  **And (**  **b)**

**W o**  **uld Not Adversely Affect Safety.**

B EA ARCHITECTS INC. submits that the equivalent level o f safety established by S ection

6 1

. 1 1 3 ( a) and ( b ) will be maintained because n o PIC will be allowed to o p erate the DJ I Phan tom

3 UAS unless that PI C h as demo nstrated, b y m eeting min imum flight -h o u r and curr ency

requ irements, that the PI C is able to safely o p erate the DJ I Phan tom 3 UAS in a manner

consistent with the exemption, in cluding evasive and emergency m an euvers and maintaining

appropriate distances from people, vessels, vehicles and structures.

C onsidering BEA ARCHITECTS INC

. ’s p roposed area o f op eration s, and the o p erating

limitatio n s set f

o r th -a b ove; the parallel n atu r e o f pr ivate pilot aeronautical kn owled ge

r equirements to th o se o f commercial pilot requirements (S ee Exemptio n No. 11062); and the

airmansh ip skills n ecessary t o safely operate the DJ I Phan tom 3 UAS, BEA ARCHITECTS

INC. submits that th e additional mann ed air manship experience o f a commercially

cer tificated p ilot would not co r r elate to the airmanship skills n ecessary f or BEA ARCHITECTS

INC. ’ s specific pro p o sed flight operations.

The FAA h as p r eviously gr anted r elief f rom Section 61.113(a) and (b ) specific to UAS, in

circumstances similar, in all material respects, to those pr esented herein (e. g. Exemption Nos.

1 1 062, 11063, 11064, 11065, 1 1066, 11067, 11080, 11109, 11110, 1 11 12 , 11136, 11138, 11150,

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

B EA ARCHITECTS INC. will n o t allow any PI C to o perate the DJ I Phan tom 3 UAS unless that

PI C h as d emonstrated, b y m eetin g min imum flig ht -h o u r require ments o r the DJ I Phantom 3 UAS

tr aining and currency requirements, that the PI C is able to safely operate th e DJ I Phantom 3 UAS

in a manner consistent with this ex emption, including evasive and emergency m an euvers and

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

Specificall y, the PIC must have accumulated and logged, in a manner consistent with 14 C.F.R. §

6 1.51(b), 25 hours o f total time as a UAS ro tor craft pilo t (with a minimum o f 5 h o u r s o f those21

h o u r s as a UAS pilot operating the same make and model of UAS to be used for operations under

th e ex emption). I n a ddition to the hour r equirements, the PI C must accomplish 3 takeoffs an d

landings in the preceding 90 day s (for currency purposes).

As in Ex emp tion Nos. 1 1062, 11138, and 11153, p r ior d o cu mented flight experience that was

o btained in compliance with applicable regulations will ensu re an equivalent lev el o f safety

d u ring BEA ARCHITECTS INC

. ’s p r oposed op erations. The Administrator h as h eld that

p r ior d ocumented fl ig ht experience that was o b tained 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 PI C must have accumulated

and logged, in a manner consistent with 14 CFR 61.51(b), 25 hours of total time as a

UAS rotorcraft pilot including at least 10 hours logged as a UAS pilot with a multi

- rotor

UAS. Prior to operations under Exemption No. 11062, the PI C must also have

accumulated and logged a minimum of 5 hours as a UAS pilot operating the same make

and m odel 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 t he

10 hours may

b e included in the total 25 hours of UAS rotorcraft time. In addition to the

hour requirements, the PI C must accomplish 3 takeoffs and landings in the preceding 90

day s (for currency

p urposes). The FAA finds that at a minimum, the flight -ho ur

requirements in Exemption No. 11062 are appropriate to practice and build proficiency in

the skills necessary

t o safely c onduct the petitioner’s proposed operations. The FAA also

finds that prior documented flight experience that was obtained in complia nce 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 -b uilding

flights the PI C is required to operate the UA with appropriate distances in accordance

with 14 C.F.R 91.119.

Exemption No. 1 1 138 at page 1 5.

Accordingl y, BEA ARCHITECTS INC. will ensure safe o perations by not allowing an y PI C to

o p erate the DJ I Phan tom 3 UAS unless that PI C has demo nstr ated, b y m eetin g minimum

f light -h o u r an d currency requir ements, that the PIC is ab le to safely op er ate the DJ I Phantom 3

UAS in a manner consistent with the exemption, including evasiv e and emergency m aneu v ers

and maintaining appropriate d istances fro m people, vessels, vehicles and structures.

**3. Reasons**  **W hy**  **An Exemption**  **From The**  **Requirements Of**  **Section 91**  **.7(a) Would**  **Not**

**Adversely Affect Safety.**22

The equivalent level o f safet y established by Se ction 91.7(a) will be maintained b ecause prior to

every f light, BEA ARCHITECTS INC. will ensure that the DJ I Phantom 3 UAS is in an

airworth y condition b ased upon the UAS’s complia nce with its o p erating documents and as

stated in the conditions and limitations herein.

Additionally

, the FAA has previousl y granted r elief from Section 9 1

. 7 ( a) specific to UAS, in

circumstances similar, in all material respects, to those pr esented herei n (e.g. Exemption Nos.

1 1062, 11063, 11064, 11065, 11066, 11067, 1 1080, 11109, 11110, 11112, 11136, 11138, 11150,

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

**4. Reasons**  **W hy**  **An Exemption**  **From The**  **Requirements Of**  **Section 91.121**  **Would Not** 

**Adversely Af**

**fect Safety.**

The equivalent level o f safet y established by S ection 91.121 will be maintained because the

altitude information o f the DJ I Phantom 3 UAS will be provided to the PIC via GPS equipment

and a radio communications telemetry d ata link, which downl inks from the UA to the GCS fo r

active monitoring of the flight path and altitude. This altitude information, combined with The

B EA ARCHITECTS INC. ’s o p eration of the DJ I Phantom 3 UAS within visual line of sight, at

o r b elow 500 feet AGL, will ensure a leve l of safety e quivalent to Section 91.121. The altitude

information will be g enerated by G PS equipment installed on board the aircraft. Prior to each

flight, a zero altitude initiation point is automatically established b y the UAS at ground level.

The FAA ha s p reviously granted relief from Section 91.121 specific to UAS, in circumstances

similar, in all material respects, to those pr esented herein (e.g. Exemption Nos. 11062, 11063,

1 1064, 11065, 11066, 11067, 11080, 11109, 11112, 11136, 11138, 1 1150, 11153, 11156, 11157,

11158, 11159, 11160, 11161).

**5. R**  **easons W**  **hy An**  **Exemption From**  **The Requirements**  **Of Section**  **91 .1**  **51(b) Would**  **Not**

**Adversely Affect Safety.**

A g r ant of this exemption would ensure an equivalent level of safet y established by 14 C.F.R.

Section 91.1 51(b) as a result of (1 ) the technical specifications of the DJI Phantom 3 UAS ; (2 )

the limitations on the proposed flight operations; and (3) the location o f the p roposed flight

o p erations. According ly

, BEA ARCHITECTS INC. will ensure that it will safe ly operate the

battery pow ered DJ I Phantom 3 UAS d uring day lig ht h o u r s in VFR conditions, with enough

b attery power to fly for a total duration of 23 minutes.

Here, as in Exemption No. 11109, the technical specifications o f the DJI Phantom 3 UAS ; the

limi tations on the p r o p o sed f light operations; and the location o f the p roposed operations, will

ensure an equivalent level of safet y established by 14 C.F.R. Section 9 1.151(b). Furthermore,

safet y will be ensured as the DJI Phantom 3 UAS provide audible and v isual warnings to the PI C

at the GCS when the UAS experiences low battery vol tage, the first warning occurring at

approximately 3 3 % remaining battery p o wer, and again at approx imately 1 0% remaining battery23

p ower. At th e critically low battery l evel, the DJ I Phantom 3 UAS will descend and land

automatically

.

Significantl y

, p revious exemptions granted by t he FAA concerning Section 91.151 establish that

safet y is not adversel y af

f ected when the technical characteristics and op erating limitatio ns of the

UAS are considered. Relief has been g r anted fo r mann ed aircr aft to o p erate at less than the

min imums p r escribed in Section 91.151, includin g Exemption Nos. 2689, 5745, and 10650.

Mor eover, the FAA has previously gr anted r elief from Section 91.151 specific to UAS, in

circumstances similar, in all material respects, to those pr esented herein (e. g. Exemption Nos.

8811, 10808, 10673, 1 104 2, 11062, 11063, 11 06 4, 11065, 11066, 11067, 11080, 11109, 11110,

11136, 11138, 11150, 11153, 11156, 11157, 11158, 11159, 11160, 11161).

**6. Reasons**  **W hy**  **An Exemption**  **From The**  **Requireme nts**  **Of Sections** 

**9 1.405(a),**  **9 1** 

**. 407(a)(1),**  **9 1**  **.409(a)(1) &**  **(a )(**  **2), And**  **9 1** 

**. 4**  **1 7**  **(a) &**  **( b)**  **Wo uld**  **Not Adv**  **ersely**

**Af f**  **ect Safety.** 

I n seeking this exemption, BEA ARCHITECTS INC. submits that the equivalent level of

safet y with regard to th e r egulatory m aintenance and alteration requirements established by

Sections 91.405 ( a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 9 1 .417(a) & (b) will be met becau se

B EA AR C HITECTS INC. will u se trained technicians to perform maintenance, alterations, o r

p reventive maintenance on the UAS usin g the methods, techn iques, and p r actices pr escribed in

th e o perating d o cuments (i. e., BEA ARCHITECTS INC. Aer ial Oper atio ns Man ual,

Mo n thly M aintenance Log

, and DJ I Phantom 3 Instruction Man ual). Furth ermore, BEA

ARCHITECTS INC. will do cume nt and maintain all maintenance records for the DJI

P hantom 3 UAS.

Sin ce th e DJ I Ph antom 3 UAS will be insp ected as p rescribed by t h e o p erating d o cuments,

B EA AR C HITECTS INC. will maintain the equivalent level o f safety estab lished by S ections

9 1.405(a)

, 9 1

. 4 0 9 ( a)(1), and 9 1

. 409(a)(2). A copy of the DJ I Phantom 3 User Manu als are

attached her eto as Appendix A and B; a cop y of the DJ I Phantom 3 UAS Maintenan ce LOG is

attached hereto as Appendix C.

Likewise, the ex emption so u g h t will n o t adv ersely a f fect safety b ecause BEA ARCHITECTS

INC. will use tr ain ed technicians to perf or m maintenan ce, alterations o r preventive

maintenance on th e UAS using the methods, techniques, and practices p r escribed by t h e

o perating documents.

Fu rthermore, th e exemption sought would maintain an equivalent level o f safet y established by

Sections 91.407, 9 1

. 4 1 7 ( a) and 91 .4 17 (b), b ecau se all maintenance o f the DJI P hantom 3 UAS

will be p erfor med b y t r ain ed technicians. Maintenance will be d o cu men te d and maintained

u tilizing the monthly maintenance log.

Significantl y, p r evious ex emptio ns g r anted b y the FAA con cerning Sections 91.405(a),

9 1.407(a)(1), 9 1

. 409(a)(1) & (a)( 2), and 9 1

. 4 1 7 ( a) & (b) establish that safety is n ot adv ersel y

affected when the technical characteristics and operating limitations of the UAS are considered.24

I n consideration o f BEA ARCHITECTS I NC. ’s proposed operating limitations, the operating

d ocuments, an d the technical aspects o f the DJ I Phantom 3 UAS

, BEA ARCHITECTS INC.

sub mits that safety will n o t be adversely a ffected b y g ranting exemp tio n from 14 C.F.R. Sectio n s

9 1

. 4 05(a), 9 1

. 4 0 7(a)(1) and (a)(2), 91.409(a)(2), and 9 1

. 4 1 7 ( a) and (b). The FAA has p r eviousl y

granted relief specific to UAS in circumstances similar, in all material respects, to tho se

p r esented h erein (e.g. Ex emptio n Nos. 11062, 11063, 11064, 11065, 11066, 11067, 11080,

11109, 11110, 11112, 11136, 11138, 11150, 11153, 11156, 11157, 11158, 11159, 11160,

1 1161).

**7**

**. The FAA May**  **Prescribe Any Ot her Conditions Fo**  **r Safe Operation.**

I n accordance with Sectio n 333 o f the FAA Mod ernizatio n and Reform Act o f 2012 (FMRA)

and 14 C.F.R. § 21.16 entitled Special Conditions, BEA ARCHITECTS INC. requests that the

FAA p rescribe special conditions for the intended o p eration o f the DJI Phantom 3 UAS

, wh ich co ntain such safety s tandards that the Administrator finds n ecessary to establish a lev el of

safet y equivalent to that established by 1 4 C.F.R. Part 21, Subpart H, and 14 C.F.R §§ 6 1

. 1 1 3 ( a)

& ( b )

, 91.7 ( a), 9 1

. 1 2 1

, 9 1.151(b), 91.405(a), 91 .407(a)(1), 9 1

. 4 0 9(a)(1) & (a)(2), and 91.417(a)

& (b). Such special conditions will permit safe o p eration of the UAS fo r the limited pu rp ose of

conducting aerial v id eo and ph oto gr aph y o v er certain areas o f the United States fo r

compensation o r hire. FMRA Section 333 sets f orth the requirements for considering whether a

UAS will cr eate a hazar d to user s o f the NAS or the public, or oth er wise pose a th reat to natio nal

securit y; a nd further, provides the auth ori ty f o r such UAS to o p er ate without airworthiness

certification in accordance with any r equiremen ts that must be established fo r the safe operation

o f th e UAS in the NAS.

Likewise, the Administrator may pre scrib e special conditions p u r suant to 14 C.F.R.

§ 21.16, f

o r o p eration o f the DJ I Phan tom 3 UAS

, since th e airworthiness regulations o f 1 4

C.F.R. Par t 21 d o not co n tain adequate o r appropriate safet y stand ards, du e to the n o v el o r

unusual d esign f

eatures of the aircraft. Section 21.16, entitled Special Co nd ition s

, states the

following:

If the FAA finds that the airworthiness regulations of this subchapter do not contain

adequate or appropriate safet y standards for an aircraft, aircraft engine, or propeller

because of a novel or unusual design feature of t he 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 safet y

standards for the aircraft, aircraft en gine or propeller as the FAA finds necessary t o

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 condi tions for Leading Edge’s intended operation of the DJI P hantom 3 UAS

, which contain such safety s tandards that the Administrator finds necessary to establish a level of

safet y equivalent to that established by 1 4 C.F.R. Part 21, Subpart H, and 14 C.F.R Sec tions25

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** B E A ARCHITECTS INC. **Seeks Exemption:**

BEA ARCHITECTS INC. seeks exemption from the requirements of 14 C.F.R

Sections 6 1

. 113(a)&(b), 9 1 .7(a), 91.121, 91.151(b), 9 1

. 405(a), 91.407(a)(1),

91.409(a)(1) & (a)(2), a n d 9 1. 41 7( a) & (b).

**A Brief**  **Description Of**  **The Nature**  **Of The**  **E x**  **emption** BEA ARCHITECTS INC.

**Seeks:**

Th is exemption w ill p ermit BEA ARCHITEC TS INC. to commercially o p era te a n

Unmanned Aircraft S

ystem ( UAS) for the p u rpose of conducting a erial video

and photography over certain areas of the United States.

**• Any**  **Additional Information,**  **Vi ews,**  **Or Arguments**  **Available To**  **Support**

BEA ARCHITECTS INC. **’s Request.** 

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

( FMRA) Section 333, which d irects the Secretary o f Transportation to determine if certain UAS

may o perate safely i n the NAS. As such, BEA ARCHITECTS INC. ’s r equest fo r exemption

may be granted pursuant to the authority of FMRA Section 333 and 1 4 C.F.R. Pa rt 11, as

set forth above.

FMRA Section 333 sets f o r th the requirements for considering whether a UAS will create a

h azard to users o f the NAS or the public, or otherwise pose a threat to national securit y; a nd

further, provides th e authority for such UA S to operate without airworthiness certification.

As discussed in d etail above, BEA ARCHITECTS INC. will operate the DJI P hantom 3

UAS safel y in the NAS, without creating a hazard to users of the NAS, or the public, or

otherwise pose a threat to national securit y.

**CONCLUSION**

As set f o r th herein, B EA ARCHITECTS INC. seeks an exemption pursuant to 14 C.F.R. §

11.61 and Section 333 of the FAA Modernization and Reform Act of 2 0 1 2 (FMRA), which will

permit safe operation of the DJI P hantom 3 UAS commercial ly

, without an

airworthiness certificate, for the limited purpose of conducting aerial video and photography

o ver certain areas of the United States. By gra nting this Petition

, the FAA Administrator

will b e fulfilling the Congressional mandate of the FAA Mod ernization and R eform Act

of 2012, while also advancing the interests of the public, by a llowing BEA

ARCHITECTS INC. to safel y, efficientl y, and economically o p erate the DJ I Phantom 3

UAS commercially within the NAS.26

**W HEREFORE** 

, in accordance with the Federal Aviation Regulations and the FAA

Modernization and Reform Act of 2012, Section 333, BEA ARCHITECTS INC. resp ectfull y

requests that the Administrator g r ant this Petition fo r an exemption from the requirements of 1 4

C.F.R Sections 61.113(a) & (b), 91.7(a), 91.121, 91 .1 51 (b ), 91.405(a), 9 1

. 4 0 7 ( a)(1)

, 9 1

. 409(a)(1) & (a)(2), and 91.417(a) & (b)

, and permit Leading Edge to operate the DJ I Phan tom

3 UAS commercially f

o r the purpose of con ducting aerial v ideo and photograph y o ver cer tain

areas of the Unit ed States.

Dated: August 24 , 2015

R espectfully submitted,

Bruno

- Elias Ramos

Principal-in-Charge

BEA Architects Inc.

3075 NW South River Drive

Miami Fl 33142

305-461-2053 F- 305-634-0599

b eacomm@beai.com

Appendices :

A

– Li n k to D J I P hantom 3 Man u al: Click on link below

h ttp://download.dji

innovations.com/downloads/phantom_3/en/Phantom_3_Professional_User_Manual_v 1.2_en.pdf27