UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

FEDERAL AVIATION ADMINISTRATION

WASHINGTON, DC

Regulatory Docket No.

IN THE MATTER OF THE PETITION FOR EXEMPTION OF:

ALADTEC, INC.

FOR AN EXEMPTION SEEKING RELIEF FROM THE REQUIRE MENTS OF

TITLE 14 OF THE CODE OF FEDERAL REGULATIONS

SECTIONS 61.101(e)(4) & (5), 61.113(a) & (b), 61.23(a), 61.315(a), 91.7(a),

91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), AND 91.417(a) &

(b) CONCERNING COMMERCIAL OPERATION OF DJI PHANTOM 3

UNMANNED AIRCRAFT SYSTEMS

PURSUANT TO SECTION 333 OF

THE FAA MODERNIZATION AND REFORM ACT OF 2012

(PUBLIC LAW 112-95)

Submitted on June 8, 2015

Jesse Feyereisen

ALADTEC, INC.

906 Dominion Dr.

Hudson WI, 54016

Tel : (888) 749-5550

Email: jesse@aladtec.co mTABLE 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 SE CTIONS OF 14 C.F.R. FR OM WHICH ALADTEC, INC.

SEEKS EXEMPTION

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

THE EXTENT OF RELIEF ALADTEC, INC. SEEKS AND THE

REASO N ALADTEC, INC. SEEKS THE RELIEF...............

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

THE REASONS WHY GRANTING ALADTEC, INC.

REQUEST WOULD BE IN THE PUBLIC INTEREST .......... ........................... 15

THE REASON S WHY GRANTING THE EXEMPTION WOULD NOT

ADVERSELY AFFECT SAFETY ......................................................................... 19

SUMMARY THAT C AN BE PUBLISHED IN THE FEDERAL REGISTER. .... 34

ANY ADDITIONAL INFORMATION, VIEWS, OR ARGUMENTS

AVAILABLE TO SUPPORT ALADTEC, INC.’S REQUEST....

.............................................................................................................................. ... 34

CONCLUSION

............................................................................................................................ 35

APPENDICES........................................................................................37

2GLOSSARY OF ABBREVIATIONS

AGL Abo ve Ground Level

AOI Area of Interest

ATC Air Traffic Control

ATO Air Traffic Organization

AV Aerial Vehicle

CFR Code of Federal Regulations

COA Certi f icate of A uthorizati on

FAA Federal Aviation Administration

FAR Federal Aviation Regula tion

GCS Ground Control Station

GPS Global Positioning System

LOL Loss of Link

NAS National Airspace System

NOTAM Notice to Airman

PIC Pilot In Command

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

SO Safety Observer

SOP Standard Operating Procedures

UA Unmanned Aircraft

UAS Unmanned Aircraft System

VFR Visual Flight Rules

VLOS Visual Line of Site

VMC Visual Meteorological Conditions

VTOL Vertical Takeoff and Landing

3SUMMARY

Jesse R. Feyereisen seeks exemption from the requirements of 14 C.F.R §§

61.101(e)(4) and (5), 61.315(a), 61 .23(a)

, 91.7(a), 91.121, 91.151(b), 91.405(a),

91.407(a )(1), 91.409(a )(1) & (a )(2), a nd 9 1.417(a ) & (b), to operat e an U nmanne d Aircraft

System pursuant to Section 333 of the FAA Modernization and Reform Act of 2012

( FMRA). This exemption will permit Aladtec, Inc. to operate an Unmanned Aircraft

System (UAS) for the commercial purpose of conducting aerial video and photography of

Public Safety services, such as our clients in EMS, Fire Rescue, Law Enforcement,

Communication/Dispatch Centers, Healthcare, Public Works and Security Services within

the United States.

INTRODUCTION AND INTERESTS OF THE PETITIONER

Aladtec, Inc. w ill use its high q uality d igital content for use i n Aladtec, Inc.

promotional multimedia projects. Aladtec, Inc. offers an online employee scheduling and

workforce management system that is suitable for both small volunteer services and large

multi-location corporations. Aladtec provides an efficient, and cost-effective, solution to

effectively manage employee scheduling and personnel data for many industries. The

objective of Aladtec, Inc. aerial video and photography operations is to provide high

q uality photography and v ideography of Public S afety, services, specifically targeting:

• EMS

• Fire Rescue

• Law Enforcement

• Communication/Dispatch Centers

• Healthcare

• Public Works

• Security

4BACKGROUND

Unmanned Aircraft Systems: DJI Phantom 3 Professional UAS

Aladtec, Inc. seeks an exemption to operate DJI systems for marketing use wi thin the

NAS. The DJI Phantom 3 Professional is a vertical takeoff and land ing (VTOL) Unmanned

Aircraft ( UA) with a Ground Control Station (GCS) utilizing electronic tablet o r smart

phone systems. The Phantom 3 is an el ectric p owered rotary wing U AS t hat is cap able o f

transmitting l ive a irbor ne v ideo images an d l ocation information to a Ground Control

Station (GCS). The Phantom 3 stores photographs and data on board and makes them

av ailable f

o r download after completion of t he f light. The Phantom 3 is 2.82 pounds. 23.2 in

x 23.2 in x 7.25 in. Well under the 55 lbs mandated in the FMRA. The Phantom has a

maximum cruising speed of 35mph. The Phantom 3 is battery powered, has a flight

endurance of approximately 23 minutes and can operate in temperatures ranging from 32° to

104° F. The Phantom 3 has an omni-direct ional an tenna with a range of 1.24 miles (Outdoor

and Unobstructed) and operating in the 2.420 – 2.483 GHz frequency range.

The Phantom 3 that will be operated by Aladtec, Inc. will be registered in a ccordance

with 49 U.S.C. 44103, Registration of Aircraft

, as well as 14

C.F.R Par t 47, Aircraft Re gistration

, and marked in accordance with 14 C.F.R. Par t 45,

Identification and Registration Marking

.

BASIS FOR PETITION

The petitioner, Aladtec, Inc.

, pursuant to the provisions of the Federal A viation

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

p etitions the Administrator to commercially operate the Phantom 3 in the National A irspace

System (NAS), and for an exemption from the requirements of 14 C.F.R §§

561.101(e)(4) and (5), 61.315(a), 61.23(a)

, 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 associate d

with the unmanned aircraft and its operation, Aladtec, Inc. ’s operation of the DJI Phantom

3 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, Aladtec, Inc. 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.

Aladtec, Inc. submits that the requested relief is proper since an equivalent level of

safety will be ensured. Aladtec, Inc. will use experienced personnel and technicians to

perform maintenance, alterations, or preventive maintenance on the UAS using the

methods, techniques, and practices prescribed in the operating documents (i.e., Phantom 3

Instruction Ma n ual ). Furthermore, Aladtec, Inc. will document and maintain all

maintenance records for the Phantom 3 UAS.

Relief from certain requirements of Section 61.101(e)(4) and (5) entitled

Recreational pilot privileges and limitations: Pilot in command

, and from Section

61.315(a) e ntitle d What are th e p rivileges a nd lim its o f my s port pilot certi

ficate , a nd f rom

Section 61.23(a) e ntitled Medical c ertificates: R equirements a nd duration

, is requested by

Aladtec, Inc. to the extent necessary to allow a Pilot in Command (PIC) holding a sport

pilot or higher level certificate, as well as a va lid d river’s l icense

, and who has

demonstrated, by meeting m inimum flight- hour and currency requirements, that the PIC is

able to safely operate the DJI Phantom 3 UAS i n 6 a manner consistent with thisexempti on, including ev asiv e a nd emergency maneuvers a nd maintaining appropriate

distances from people, v essels, vehicles and structures.

Aladtec, Inc. seeks relief from Section 91.7(a), entitled Civil aircraft airworthiness

,

because the DJI Phantom 3 UAS do es not require an airworthiness cer tificate in

ac cordance w ith 14 C.F.R. Part 21, Subpart H. As such, Aladtec, Inc. submits that it w ill

ensure that the DJI Phantom 3 UAS is in an airworthy condition, prior to every flight, b y

determining that the UAS is in compliance with the operating documents (i.e., DJ I

Phantom 3 Instruction Manual), and that t he aircraft is in a condition for safe flight.

Aladtec, Inc. also seeks an exemption from the requirements of Section 91.121,

entitled Altimeter Settings

, as the Phantom 3 UA S does not have a typical barometric

altimeter on board

. However, altitude information of the Phantom 3 UA S will be provided

to the PIC via Global Positioning System (GPS) equipment and radio com munications

telemetry data link, whi ch downlinks from the UA S to the GCS for active monitoring of

the flight path. This altitude information, combined with Aladtec, Inc. ’s skilled operation

of the DJI Phantom 3 UAS within visual line of sight, at or below 4 00 feet A GL, will

ensure a level of safety equivalent to Section 91.121.

Aladtec, Inc. also s eeks an exemption from the requirements of Section 91.151(b),

entitled Fuel requirements for flight in VFR conditions

. Aladtec, Inc. s ubmits that safety

will not be affect ed by operation of the DJI Phantom 3 UA S during daylight hours in

visual meteorological conditions (VMC) under visual flight rules (VFR), wi th enough

battery power to fly for a total duration of approximately 15 minutes to the first point of

intended landing and, assuming normal cruising speed, to fly a f ter that for at least 5

minutes.

7In accordance with 14 C.F.R. § 11.81, Aladtec, Inc. provides the following

informati on in s upport of its petition for exemption:

A. Name And Address Of The Petitioner.

The n ame and address of the Petitioner and point of contact is:

Jesse Feyereisen

Aladtec, Inc.

906 Dominion Dr.

Hudson, WI 54016

Tel: (888) 749-5550

Email: jesse@aladtec.com

B. The Spe cific Sections Of 14 C.F.R. From Which Aladtec, Inc. Seeks

Exemption.

1. Aladtec, Inc. Seeks Exemption From The Requirements Of Section

61.101(e)(4) and (5).

Section 61.101, entit led Recreational pilot privileges and limitations: Pilot in

command , subsection (e)(4) and (5) prescribe the following, in relevant part:

(e) Except as provided in paragraphs (d) and (i) of this section, a recreational pilot

may n ot act as p ilot i n command o f an aircraft

--

(4) For compensation or hire;

(5) In furtherance of a business;

(f) Aladtec, Inc. Seeks Exemption From The Requirements Of Section

61.23(a).

Section 61.23(a), ent itled Operations requiring a m edical certificate: Requirements

and duration , subsection (a) prescribe the following, in relevant par t:

(f) Except as provided in paragraphs (d) and (i) of this section, a recreational pilot

may not act as pilot in command of an aircraft

--

83. Aladtec, Inc. Seeks Exemption From The Requirements Of

Section 61.315(a).

Section 61.315( a), entitled What a re the privileges and limits of my sport pilot

certificate , subsection (a) prescribe the following, in relevant part:

(c) You m ay n ot act as p ilot in co mmand of a light -sport aircraft:

(2) For compensation or hire.

(3) In furtherance of a bus iness.

--

(ci) Aladtec, Inc. Seeks Exemption From The Requirements Of

Section 91.7(a).

Section 91.7, en titled Civil aircraft airworthiness

, subsection (a), states the

following:

(a) No person may operate a civil aircraft unless it is in an airworthy co ndition.

5. Aladtec, Inc. 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 fli ght

level of that aircr aft, 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 airp ort or an appropri ate altimeter setting available before

departure.

96. Aladtec, Inc. Exemption From The Requirements Of

Section 91.151(b).

Section 91.151, en titled Fuel requirements for flight in VFR conditions , subsection

(b), states the followin g:

(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 cru i sing speed, to

fly after that for at least 20 minutes.

7. Aladtec, Inc. Exemption From The Requirement Of

Section 91.405(a).

Section 91.405, en titled Maintenance required

, subsection (a), states the following:

Each owner or operator of an aircraft

—

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

between required inspections, except as provide d i n paragraph (c) of this section,

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

8. Aladtec, Inc. From The Requireme nts 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[.]

(b) Aladtec, Inc. Seeks Exemption From The Requirements Of Sections

91.409(a)(1) and 91.409(a)(2).

Sectio n 91.409, ent itled 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 ins pection 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 inspecti on for the issuance of an airworthiness certificate in accordance

10with part 21 of this chapter.

10. Aladtec, Inc. 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, annual, progressive, and other required or approved

ins pections, 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; an d

(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 ser v ice.

(2) Records containing the following information:

(i) The total time in service of the airframe, each engine, e ach 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 requir ed by the inspection program under which the

aircraft and its app liances are maintained.

(v) The current status of applicable airworthiness directives ( AD) and safety

directives including, for each, the method of compliance, the AD or safety directive number and revision date. If the AD or 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

11major 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 s pecif ied in paragraph (a)(1) of this section shall be retained

until the work is repeated or superseded by other work or for 1 year after the

work is performed.

(2) The records s pecified in paragraph (a)(2) of this section shall be retained

and transferred with th e aircraft at the time the aircraft is sold.

(3) A list of d efects 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. The Extent Of Re lief Aladtec, Inc. Seeks And The Reason Aladtec, Inc. Seeks

The Relief.

1. Extent Of Relief Aladtec, Inc. Seeks And The Reason Aladtec, Inc. Seeks

Relief From Section 61.113(a) and

(b).

Relief from Section 61.113(a ) a nd (b) entitled Private pilot privileges and

lim itations: Pilot in command

, is requeste d to t he extent ne cessary to allow a PIC holdi ng a

private pilot or hi ghe r level certificate, as well as a curre nt a nd val id airman medical

certificate, a nd who ha s met cer tain flight -hour a nd currenc y requirements, to conduc t the

propos e d UAS flig ht opera ti ons for compensation or hire.

This relief is requeste d since t he limitations se t fort h in Section 61.113(a ) a nd (b)

st ate that a private pil ot may, for compensation or hire

, act as PIC of an aircraft in

connecti on with a ny busi nes s or employment i f: (1) T he flig ht is onl y incidental to that

busine s s or employment; a nd (2) T he ai rcraft doe s not ca rry passenge rs or propert y for

compensation or hire.

As set forth more fully below, Aladtec, Inc. submits that an equivalent level of

safety will be maintained because no PIC will be allowed to operate the DJI Phantom 3

U AS unless tha t PIC has met cer tain flight-hour and currency req uirements,

12demonstrating that the PIC is able to safely operate either the DJI Phantom 3 UAS in a

ma nner consistent with the operations specifications as described in this e xe mption,

including evasive and emergency maneuvers, as well as maintaining a ppr opriate distances

from people, vessels, vehicles and structures.

Further, Aladtec, Inc. submits that all flights of the DJI Phantom 3 UAS,

conducted by the PIC pursuant to the grant of this Petition: (1) will be

incidental to Aladtec, Inc. business; and (2) will not carry passengers or

property for compensation or hire.

2. Extent Of Relief Aladtec, Inc. Seeks And The Reason

Aladtec, Inc. S eeks R elief From Sec tion 61. 23(a)

.

Relief f rom S ecti on 61.23(a ), entitle d Operations r equir ing a m edical certificate:

Requirement s and duration, i s re quested t o t he exte nt required t o necessary to allow a PIC

holdi ng a s port pi l ot certificate or higher level certificate, as well as a curre nt a nd v alid

dr iver ’ s l icense, t o conduc t the propose d UAS flig ht ope rati ons for compensation or hire.

This r elief

i s r equested s i nce the limita tion s s e t fort h in Section 61.23(a) ot herwise

requi re t h e PIC of an y flight for compensation or hi re t o hold a com prehensiv e FAA i ssued

medical c ertificate . I n

E xemption No. 11213 to Aery on L abs

, Inc., t he F A A “fi nds t hat,

because of t h e risk m itigations es tablished i n t he cond itions and limitations of t his

exemption, a person t hat hol ds a U.S. i ssued dr i ver’s l icense who i s ope rating a UAS w ill

not a dversel y a ffec t s a fety. T he FA A i s granti ng re lief f rom § 61.23(a ) to all ow a ny pilot

that hol ds one of the pi lot ’s ce rtificates di scussed abov e to ope rate a UAS unde rt his

exemption with a U .S. issued drive r’s l icense, in lieu of a n FAA- issued m edi cal c ertificate.

T he FA A i s a ls o granti ng re lief from § 61.23(c) to all ow s port pi l ot cer tificate holders t o

operat e aircraft o ther t h an LSA w ith a U.S. i ssued dr i ver’s l icense under this exe mption. ”

133. Extent Of Relief Aladtec, Inc. Seeks And The

Reason Aladtec, Inc. Seeks Relief From Section 61.315(a).

Relief from S ection 61.315(a) entitled What ar e the privileges and

l imits of m y

spo rt pi lot cer tificate

, i s r equested to t he extent ne ces sary to al low a PIC hol di ng a s port

pi lot or hi gherl evel c er tificate to conduct the propos ed UAS fl ight ope rations for

compensation or hire.

This r elief

i s r equ ested s ince the limitat i ons s et fort h i n Section 61.315(a) r estrict a

sport pi lot

f rom acting as the P IC of any fl ig ht for compensation or hire, or for the

furtherance of any bus iness.

I n E xemption No. 11213 to Aery on La bs

, Inc., the FAA re- assessed t he level of

pilot c ertificat e that w oul d b e appropriat e for t he petitioner’s ope ra tions. I n ev aluating t hi s

peti tion, s imilar t o the evaluation of the private and com mercial pi lo t cer

tificates i n

Exempt ion N o. 11062, t he agency com pared t he aeronautical know ledg e requirements o f

the recreational and

s port pi lot

c er tificates t o t hose of

t h e private pilot c ertificate. Th ey

found t ha t t he aeronautical know ledge requirements t hat w ould b e applicabl e t o a UAS

operat ion for a re creational pi lot a nd sport pi lot c erti ficat e are substantially similar a s t hose

for a private pilot c ertificate.

Addi tionally, similart o the privat e and co m mercial p ilot certificates, hol ders of

recr eational and

s port p ilot certificates ar e s ubj ect t o s ecurity s cr eening b y t he Department

of Hom eland Security (D HS).

Therefore, be cause they m ust d emonstrate aer onautical know ledg e relevant t o U AS

operat ions and are subject to D HS screening, f act ors t hat w er e considered by t he FAA i n

all owing pri vate pi lot op erations unde r previous e xemptions, t he FAA now de termines t hat

holder s of

r ecreational and

s por t pi lot cer tificates m ay s erv e a s t he P IC for UAS

operations.

144. Extent Of R elief Aladtec, Inc. Se e ks And Aladtec, Inc. Seeks Relief From

Section 91.7(a).

Relief from Section 91.7(a) en titled Civil aircraft airworthiness

, is requested to the extent

required to allow Aladtec, Inc. to determine that the DJI Phantom 3 UAS are in airworthy

condition prior to every flight by ensuring that the UAS is in co mpliance with the

operating documents (i.e., DJI Phantom 3 Instruction Manual).

Aladtec, Inc. seeks the requested relief because the DJI Phantom 3 UAS does

not require an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H.

Therefore, Aladtec, Inc. will ensure that the DJI Phantom 3 UAS are in airworthy

condition based upon its compliance with the operating documents (i.e., DJI Phantom 3

Instruction Manual) prior to ev ery flight, and further, dete rmine that the aircraf t are in

condition for safe flight, as stated i n the conditions and l imitations below.

5. Extent Of Relief Aladtec, Inc. Se e ks And The Rea son

Aladtec, Inc. Seeks Relief From Section 91.121.

Relief from Section 91.121, entitled Altimeter settings, may be required to allow

flight operations of the DJI Phantom 3 UAS, which utilize a barometric pressure sensor,

GPS equipment, and a radio communications telemetry data link to downlink altitude

information from the UA to the PIC at the ground control station (GCS). Si nce the FAA

requires that any altitude information concerning UAS operations be reported to air traffic

control (ATC) in feet above ground level (AGL), Aladtec, Inc. seeks the requested relief

becau se the DJI Phantom 3 UA’s altimeter may be set on the ground to zero feet AGL,

rather than the local barometric pressure or field altitude, before each flight.

15Consideri ng t he limited altitude of t he propose d operations

, relief fro m 14 CFR

91.121 i s soug ht to t he extent necessary to comply with t he applicable conditi ons and

limitations stated below. As more fully set forth herein, an equivalent level of safety will

be maintained since the DJI Phantom 3 UAs are equipped with a barometric pressure

sensor a nd 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.

6. Extent Of Re lief Aladtec, Inc. Se e ks And Aladtec, Inc. Relief From Section

91.151(b).

Relief from Section 91.151(b) entitled Fu e l requirements for flight in VFR conditions, is

requested to the extent required to allow flights of the battery powered DJI Phantom 3

UA S d uring daylight hours in visual meteorological conditions (VMC), under visua l flight

rules (VFR), for a total duration of 15 minutes to the first point of intended landing and,

assu ming normal cruising speed, to fly after that for at least 5 minutes. Aladtec, Inc. s eeks

the requested relief because without an exemption from Sec tion 9 1.151(b) , t he flight time

duration of the battery powered DJI Phantom 3 U A S will s everely constrain the

p racticality of any aerial video or still photo flight operatio ns that Aladtec, Inc. proposes

to conduct pursuant to this Petition.

Significantly, as set forth below, the technical specifications of the DJI Phantom 3

UAS, the DJI Phantom 3 operating documents, and Aladtec, Inc.' s proposed operating

limitations, ensure that Aladtec, Inc. will safely o perate the battery p owered DJI Phantom

3 UA S during daylight hours in v isual meteorological conditions

(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.

167. Extent Of Relief Aladtec, Inc. Se e ks And The Reason

Aladtec, Inc. 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, Aladtec, Inc. requests relief from

these Sections because the DJI Phantom 3 UAS does not require airworthiness c ertificates.

As set forth more fully below, the DJI Phantom 3 U AS meets the conditions of FMR A

Section 333 for operation without an airworthiness c ertificate. Accordingly, Aladtec, Inc.

will use highly trained technicians to perform maintenance, alterations, or pre ventive

maintenance on the UASs using the methods, t echniques, and practices p rescribed in the

UAS operating documents (i.e., the DJI Phantom 3 Instruction Manual). Furthermore,

Aladtec, Inc. will document and maintain all maintenance records for the DJI Phantom 3

UAS.

D. The Reasons Why Granting Aladtec, Inc. Request Would Be In

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

Granting the present Petition will further the public interest by allowing Aladtec,

Inc. to safely, efficiently, and economically conduct aerial video and p h o tography o f Public

Safety service facilities, in the United States.

Additionally, use of the DJI Phantom 3 UAS will decrease congestion of the NAS,

increase perception and publicity of local Public Safety departments

, and provide

significant benefits to the economy. Notably, the benefits of Aladtec, Inc. ’s proposed

operation of the DJI Phantom 3 UA S will be realized without impli cating any privacy

issues.

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

The DJI Phantom 3 UA S is battery powered and serve s 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 exe mption allowing the use of a DJI Phantom 3 UAS would reduce the amount of

manned aircraft in the NAS, reduce noise and air pollution, as well as increase t he safety

of l ife and property in the air and on the ground.

Furthermore

, by re duci ng t he numbe r of manne d aircraft operating i n the NAS,

congestion around airports caused by arriving and departing aircraft will be reduced. The

DJI Phantom 3 UA S do es not require an airport to takeoff or land. Lik ewise, a reduction

of man ned aircraft conducting aerial video and photography missions would result in

f ewer aircraft that must be handled by air traffic control during the ground, takeoff,

departure, arr ival, and landing phases of flight operations.

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

Phantom 3 UAS.

Conducting aerial acquisitions with the DJI Phantom 3 UAS, ins tead of manned

aircraft, will greatly benefit the public by drastically reducing the lev els of air and n oise

pollution generated during traditional aerial video and still photography flight

operations. By using battery power and electric motors, the DJI Phantom 3 U AS

produce s no air pollution, and is the most viable environmentally conscious al ternative

to the cabin class, six cylinder internal combustion engine aircraft that are t ypically

utilized for aerial v ideo and photography, while burning approximatel y 20-30 g allons

per hour of leaded aviation fuel. The DJI Phantom 3 UA S, while r educing the carbon

footprint of aerial acquisitions, also eliminates noise pollution, as t he UA S is propelled

by battery powered electric motors, rather than an internal combustion e ngine.

18By using the DJI Phantom 3 UAS to perform aerial acquisitions, the substantial

risk to life and property in the air and on the ground, wh ich 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 Phantom 3 UA S (Phantom 3 weighing approximately 2.82 pounds maximum gross

weights with a length of 23.2 inches

, width of 23.2 inches

, has less physical potential for

collateral damage to l ife and property on the ground, and in the air, compared to the

manned aircraft that t ypic ally conduct similar operations (weighing app roximately 6,000

pounds with a wingspan of approximately 42 feet, a length of 34 fee t, and a fuel capacity

of 180 gallons.

3. Performing Aerial Vi deo and Photography Operations With The DJI

Phantom 3 UAS Will Benefit The Economy.

I n addition to being safe and efficient, the DJI Phantom 3 are econom ical a lternatives to

using manned aircraft to conduct similar aerial operations. As such, operation of the DJI

Phantom 3 UAS will allow United States based c ompanies, like Aladtec, Inc., to remain

competitive and contribute to growth of the U.S. e conomy. S pecifically, with the rising

cost of aviation fuel and the Environmental Protection Agency ( “EPA”) regulatory actions

phasing out leaded aviation fuels, U.S. owned and operated com panies must adopt new

and alternative technology in order to r emain competitive. O perating the battery powered

DJI Phantom 3 UAS a llows companies greater operational flexibility compared to manned

aircraft, and provides suc h flexibility without the high operational cost of a traditional

manned aircraft.

By operating the DJI Phantom 3 UAS, companies such as Aladtec, Inc.

, can remain

competitive and profitable, and therefore, provide greater job stability to empl oyees and

contractors, which will ultimately contribute to growth of the U.S. economy.

19Improved financial performance of U.S. companies, through commercial use of the DJI

Phantom 3 UAS, provides a stable workforce that increases consumer s pending;

improves local, state, and federal tax revenues; and allows c ompanies to invest in

research and development in order to remain competitive both in t he United States and

abroad.

4. There Are No Privacy Issues.

Similar to the manned aerial acquisition flight operations that have been conducted for

decades, Aladtec, Inc. proposed operation of the DJI Phantom 3 U AS will not imp licate

any privacy issues. Specifically, the DJI Phantom 3 U AS will b e operated only in

compliance with the conditions set fo rt h in any exemption granted under this petition

.

E. The Reasons Why Granting The Exemption Would Not Adversely Affect Safety,

Or How The Exemption Would Provide A Level Of Safety At Least Equal To That

Prov ided By The Rule From Which Aladtec, Inc. Seeks Exemption.

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

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

I n consideration of th e size, weight, speed, and li mited operating area

associated with the unmanned aircr aft and its operation, Aladtec, Inc. operation of the

DJI Phantom 3 UAS meet s the conditions of FMRA Section 333, and will not

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

Sect ion 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 nation al

security. S pecifically, FMRA Section 333 states the following, in part:

(a) In General. --Notwithst anding 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.

20(b) Assessment of Unmanned Aircraft System s. --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 ai rcraft systems may operate safely in the national

airspace system, the Secretary shall establish requirements for the safe

operation of such aircraft systems in the national airspace system.

In seeking this exemption, Aladtec, Inc. submits that the DJI Phantom 3 UAS c an

operate safely in the NAS pursuant to FMRA Section 333, as demonstrated by: (a) the

char acteristics of the DJI Phantom 3 UAS; (b) the pilot certification requirement; and

(c) the specific operating limitations.

a. The Specifications Of The DJI Phantom 3 UAS Demonstrate

Its Safe Characteristics.

The DJI Phantom 3 UAS do es not create a hazard to users of the NAS or t he

public, or otherwise pose a threat to national security considering its size, weight, s peed,

and ope rational capabilit y.

i. Technical Specifications Of The DJI Phantom 3 UAS. The technical

specifications of the DJI Phantom 3 UAS are set forth by the DJI Phantom 3

Specifications and Data Sheet, attached hereto as Exhibit A.

21ii. The DJI Phantom 3 UAS Is Designed For Automatic Return To Home Point

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

When the Control Link is lost, the DJI Phantom 3, the UAs will r emain stationary, in flight,

for 3 seconds or more. I f

, after 3 seconds, the DJI Phantom 3 does not reacquire control

link data from the GCS, the UA will assume that t h e Control Link is lost and the U A will

return to the home position (i.e., failsafe mode) via GPS, and will descend to the takeoff

position and shutdown.

A complete description of the Failsafe Functions of the DJI Phantom 3 UAS are

set forth in the attached Phantom 3 User Manual, attached hereto as B. 1

i ii

. The DJI Phantom 3 GCS And Its Ope ration.

A complete description of the operation and spe cifications of the DJI Phantom 3 GCS and

flight control software is provided in the DJI Phantom 3 User Manual. DJI Phantom 3 U ser

Manual is attached hereto as Exhibit B.

b. Flight Operations Of DJI Phantom 3 UAS Are Limited To The Line Of

Sight Of A Certificated Pilot in Command With A Safety O bserver.

Aladtec, Inc. will only utilize certificated pilots who possess a current

and valid airman medi cal certificate to act as a pilot in command (PIC) of the DJI Phantom 3

UAS. Additionally, a safety observer will assist all pilots during flight.

c. Flights Of DJI Phantom 3 UAS Will Be Conducted Pursuant To Specific

Operating Limitations.

In seekin g this exemp tion, proposes to commercially operate DJI Phantom 3 UAS for the

special purpose of conducting aerial video and photography over cer tain areas

of United States, pursuant to the following specific operating limitatio ns:

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 Phantom 3 Unmanned Aircraft System.

22Proposed operations of any other aircraft wil l 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 UA S may not be flown at an indicated airspeed exceeding 3 0 knots.

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

level (AGL), as indicated by the procedures specified in the operating documents

u nless a special request is made and approved by ATC. All altitudes reported to

ATC must be in f

eet AGL.

5. The UA S must be operated within visual line of sight (VLOS) of the PIC at all

times. This requires the PIC to be able to use human vision unaided by any device

other than corrective lenses, as specified on the PIC’s FAA -is sued airman medical

certificate.

6. The use of first person vi ew ( FPV) by the PIC or sa fety observer (SO) is not

permitted.

7. All operations must utilize a safety observer (SO). The SO ma y be used to satisfy

the VLOS requirement as long as the PIC always maintains VLOS capability. The

SO and PIC must be able to communicate verbally at all times. Electronic

messaging or texting is not permitted during flight operations. The PIC must be

d esignated before the flight and cannot transfer his or her designation for the

duration of the fligh

t. The PIC must ensure that the SO can perform the functions

prescribed in the o perating 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/obstructio ns 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 b etween 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 pr ecedence and must be

followed. Otherwise, the operator must follow the procedures as o utlined in its

operating documents. The operator may update or revise its operating documents.

I t is the operator’s responsibility to track such revisions and present updated and

revised documents to the Administrator upon request. The oper ator must also

present updated and

re vised documents if it petitions for e xtension 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

oper ator must petition for amendment to its grant of exemption. The FAA’s UAS

Integration Office ( AFS -80) may be contacted if questions arise regarding updates

or revisions to the operating documents.

10. Prior to each flight the PIC must inspect the UAS to ensure that it is in a

23condition 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

co ndition 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 UA S that has undergone maintenance or alterations that affect the UA S

operation or flight characteristics, e.g. re placement 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 accou nt for all potential discrepancies, e.g. inoperable components, items, or equipment, not already covered in the relevant

sections of the operating documents.

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

maintenance, overhaul, 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,

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 with al l 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 p ossess 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 safely operate the

UAS in a manner consistent with how the UAS will be opera ted under the

exemption, including evasive and emergency maneuvers and maintaining

appropriate distances from persons, vessels, vehicles and structures. PIC

q ualification flight hours must be logged in a manner consistent with 14 C.F.R.

§ 61.51(b). Fl ights 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. §

19.1. All operations must be conducted under visual meteorological

24conditions (VMC). If flight at night is required, a special request will be made at

the FAA office closest to proposed area of operations. Flights under special

visual flight rules ( SVFR) are not authorized.

20. The UA S 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 upon request.

21. The UA S may not be operated less than 500 feet below or less than 2,000 feet

horizontally from a cloud or when visibility is less than 3 statute miles from the

PIC.

22. If the UA loses communications or loses its GPS signal, it must return to a predetermined location within the planned operating area and land or be recovered

in ac cordance with the operating documents.

23. The PIC must abort the flight in the event of unpredicted obstacles or

emergencies in accordance with the operating documents.

24. The PIC is prohibited from beginning a flight unless (considering wind and

forecast weat

her conditions) there is enough power to fly at normal cruising speed

to the intended landing point and land the UA with 25% battery power r emaining.

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 transponder requirements.

26. All aircraft operated in accordance with the exemption must be identified by

serial number, regi stered 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 UA must comply with the Federal Communications

Commission (FCC) or other appropriate government oversight agency requirements.

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

to the PIC at the Ground Control Station of the UAS any time the UAS is

operating. These documents must be made available to the Administrator or any

law enforcement official upon request.

2529. The UA must remain clear and yield the right of way to all manned aviation

operations and act ivities at all times.

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

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

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

vessels, vehicles, and structures unless:

a. Barriers or structures are present that sufficiently protect nonparticipating

persons from the UA and/or debris in the event of an accident. The

operator must ensure that n onparticipating 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, veh icles or structures has granted

permission and the PIC has made a safety assessment of the risk of

operating closer to those objects and determined that it does not present

an undue hazard, and;

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

32. All operations shall be conducted over private or controlled

- access property

with permission from the land owner/controller or authorized represent ative.

Permission from land owner/controller or authorized representative will be

obtained for each flight to be conducted.

33. Any incident, accident, or flight operation that 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 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.

Aladtec, Inc. submits that the equivalent level of safety established by S ection 6 1.113(a)

and (b) will be maintained because no PIC will be allowed to operate the DJI Phantom 3

UAS unless that PIC has demonstrated, by meeting minimum flight-hour and currency

requirements, that the PIC is able to safely operate the DJI Phantom 3 UAS in a mann er

consistent with the exemption, including evasive and e mergency maneuvers and

main taining appropriate d istances from people, vessels, vehicles and structures.

26Considering Aladtec, Inc. proposed area of operations, and the o perating limitations

set forth-above; the parallel nature of sport pilot aeronautical knowledge requirements to

those of commercial pilot requirements (See Exemption No. 11062); and the airmanship

skills necessary to safely operate the DJI Phantom 3 UAS, Aladtec, Inc. submits that the

additional manned airmanship experience of a commercially c er tificated pilot would not

correlate to the airmanship skills necessary for Aladtec, Inc. 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, 11136, 11138, 11150, 11153, 11156, 11158, 11159, 11160, 11161).

Aladtec, Inc. will not allow any PIC to operate the DJI Phantom 3 UAS unless tha t

PIC has demonstrated, by meeting minimum flight -hour requirements or the DJI Phantom

3 UAS training and currency requirements, t hat the PIC is able to safely operate the DJI

Phantom 3 UAS in a manner consistent with this ex emption, including evasive and

eme rgency maneuvers and maintaining appropriate distances from people, vess els,

v ehicles 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 to tal 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 additi on to the hour requirements,

the PIC must accomplish 3 takeoffs and landings in the preceding 90 days (for currency

purposes).

As in Exemption N os. 11062, 11138, and 11153, prior documented flight

27experience that was obtained in compliance with applicable regulations will ensure an

equivalent level of saf

ety during Aladtec, Inc. proposed operations. The Administrator

has held that prior documented flight experience that was obtained in c ompliance

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

In Exemption No. 11062, the FAA required that prior to conducting operations for

the purpose of motion picture filming (or similar operations), the PIC must have

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

total time as a UAS rotorcraft pilot including at least 10 hours logged as a UAS

pilot with a multi -rotor UAS. Prior to operations under Exemption No. 11062, the

PIC must also have accumulated and logged a minimum of 5 hours as a UAS pilot

op erating the same make and model of UAS to be used for operations under the

exemption. For clarification, the FAA considers these minimum hour requirements

to be inclusive rather than additive; i.e. 5 hours make and model time may be

included in the 10 hours of multi -rotor time and the 10 hours may be included in

the total 25 hours of UAS rotorcraft time. In addition to the hour requirements, the

PIC must accomplish 3 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 requirement. Training, proficiency,

and experience -building flights can also be conducted under the grant of exemption

to accomplish the required flight time. During training, proficiency, and

experience -building fli ghts the PIC is required to operate the UA with appropriate

distances in accordance with 14 C.F.R 91.119.

Exemption No. 11138 at page 15.

Accordingly, Aladtec, Inc. will ensure safe operations by not allowing any PIC to

operate the DJI Phantom 3 UAS unless that PIC has demonstrated, by meeting minimum

flight-hour and currency requirements, that the PIC is able to safely o perate the DJI

Phantom 3 UAS in a manner consistent with the exemption, i ncluding evasive and

emergency m aneuvers and maintaining appropriate distances from people, vessels,

v ehicles and structures.

3. Reasons Why An E xemption From The Requirements Of Section 91.7(a)

Would Not Adversely Affect Safety.

The equivalent level of safety established by Section 91.7(a) will be maintained

28because prior to every flight, Aladtec, I nc. will ensure that the DJI Phantom 3 UAS is in an

airworthy condition based upon the UAS’s complian ce with its operating documents and

as stated in the conditions and limitations herein.

Addit ionally, t he FAA ha s previousl y granted relief fro m Sec tion 91.7(a ) specific to

UAS, in circumstances similar, in all material respects, to thos e pr esented herein (e.g.

Exempt ion 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 E xemption From The Requirements Of Section 91.121

Would Not Adversely Affec t Safety.

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

the altitude information of the DJI Phantom 3 UA S will be provided to the PIC via GPS

equipment and a radio communications telemetry data link, which d ownlinks from the

UA S to the GCS for active monitoring of the flight path and altit ude. T his altitude

information, combined with Aladtec, Inc .' s operation of the DJI Phantom 3 UAS wit hin

v isual line of sight, a t or below 500 feet A GL, will e nsure a level of safety equivalent to

Section 91.121. The altitude information will be generated by GPS e quipment installed

onboard the aircraft. Prior to each flight, a zero a ltitude initiation point is automatically

established by the UASs at ground level.

T he FAA ha s previousl y granted relief fro m Section 91.121 specific to UAS, in

circumstances similar, in all material respects, to thos e presented herein (e.g

. Exemption

Nos. 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11112, 11136, 11138,

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

5. Reasons Why An Exemption Fro m The Requirements Of Section 91.151(b)

Would Not Adversely Affect Safety.

A grant of this exemption would ensure an equivalent level of safety established by

2914 C.F.R. Section 91.151(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

of the p roposed flight operations. Accordingly, Aladtec, Inc. will ensure that i t will safely

operate the battery powered DJI Phantom 3 UAs during daylight hours in VFR conditions,

wit h enough battery power to fly for a total duration of 15 minutes to the first point of

int ended landing and, assuming normal cruising speed, to f ly after that for at least 5

minutes.

Here, as in Exemption No. 11109, the technical specificati ons of the DJI Phantom

3 UAS; the limitations on the proposed flight operations; and the location of the proposed

operations, will ensure an equivalent level of safety established by 14 C.F.R. Section

9 1.151(b). F urthermore, safety will be ensured as the DJI Phantom 3 UAS provide audible

and visual warnings to the PIC at the GCS when the UAs e xperiences low battery voltage,

the first warning occurring at approximately 30% remaining battery power, and again at

approximately 15% remaining battery power. At the critically low battery level, the DJI

Phantom 3 UAS will descend and land automatically.

Significantly, previous exemptions granted by the FAA concerning Section 91.151

establish that safety is not adversely affected when the technical characteristic s 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 previously granted relie f

from Section 91.151 specific to UAS, in circumstances similar, in all material respects,

t o t hose presented herein (e.g. Exemption Nos. 8811, 10808, 10673, 11042, 11062, 11063,

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

11157, 11158, 11159, 11160, 11161).

306. 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, Aladtec, Inc. sub mits 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 wi ll be m et

because Aladtec, I n c. will use trained tech nicians to perform maintenance, alterations, or

preventive maintenance on the UAS u sing the methods, tech niques, and practices

prescribed in the operating documents (i.e., the Monthly Maintenance Log, and DJI

Phantom 3 I n struction Manual). Furthermore, A ladtec, Inc. will document and maintain all

maintenance records for the DJI Phantom 3 U AS.

Since the DJI Phantom 3 UAS will be inspected as pr escribed by the operating

documents, Aladtec, Inc. will maintain the equivalent level of safety established by

Section s 91.405(a), 91.409(a)(1), and 91.409(a)(2). A copy of the DJI Phantom 3 User

M an uals are attached hereto as Exhibit B; a copy of the DJI Phantom 3 UAS Monthly

Maintenance LO G is attached hereto as Exhibit C

.

Likewise, the exemption sought will not adversely affect safety because Ala d tec,

I nc. will use tr ained technicians to perform maintenance, alterations or prevent ive

maintena nce on the UAS us ing the methods, tech niques, and practices prescribed by the

operating documents.

Furthermore, the exemption sought would maintai n an equivalent level of safety

established by Sections 91.407, 91.417(a) and 91.417(b), because all maintenance of the

DJI Phantom 3 UAS wi ll be performed by tr ained te chnicians. Ma intenance

31

will be documented and maintained utilizing the monthly maintenance log.Significantly, previ ous ex emptions grante d by t he FAA concerni ng Sections

91.405(a ), 91.407(a )(1), 91.409(a )(1) & (a )(2), a nd 91.417(a ) & (b) establish that safety is

not adversely affected wh en t he technical characteristics a nd operating limitations of the

UAS are considered.

In consideration of Aladtec, Inc. proposed operating limitations, the operating

documents, and th e technica l aspects of the DJI Phantom 3 UAS, A lad tec, Inc. sub mits that

safety will not be adversely af fected by gr anting exemption from 14 C.F.R. Sect ions

91.405(a), 91.407(a)(1) and (a)(2), 91.409(a)(2), and 91.417(a) and (b). The FAA h as

previously g ra

nted relief sp ecific to UAS i n circumstances s imilar, in all m ater ial r espects,

to those presented herein (e.g. Exemption Nos. 11062, 11063, 11064, 11065, 11066,

11067, 11080, 11109, 11110, 11112, 11136, 11138, 11150, 11153, 11156, 11157, 11158,

11159, 11160, 11161).

7. The FAA May P rescribe Any Other Condition s For S afe Operation.

I n accordance with Section 333 of the FAA Modernization and Reform Act of 2012

(FMRA) and 14 C.F.R. § 21.16 entitled Special Conditions, A ladtec, Inc. requ ests t hat the

FAA prescribe special conditions for the intended operation of the DJI Phantom 3 UAS,

which contain such safety standards that the Administrator finds necessary to e stablish a

level of safety equivalent to that established by 14 C.F.R. Part 21, Subpart H, a n d 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 p ermit safe operation of the UAs

for the limited purpose of conducting aer ial video and photography o ver cer tain areas of

the Un ited States for compensation or hire. FMRA S ection 333 sets f or th 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

32authority 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 condition s pursuant to 14 C.F.R.

§ 21.16, for operation of the DJI Phantom 3 UAS, since the airworthiness r egulations of 14

C.F.R. Pa rt 21 do not contain adequate or appropriate safety standards, due to the novel or

unusual design features of the aircraft. Section 21.16, entitled Special Conditions, states the

following:

If

the FAA finds t hat 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 m ay prescribe sp ecial conditions for Aladtec, Inc.' s intended operation of the

Phantom 3 UAS, which contain such safety standards that the Admin istrator f ind s

necessary to establish a level of safety equivalent to that estab lished by 14 C.F.R. Pa rt

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).

F. A Summary That Can Be Published In The Federal Register, stating: The Rules

From Which Aladtec, Inc. Seeks Exemption:

Aladtec, Inc. seeks exemption from the requirements of 14 C.F.R Sections

61.101(e)(4) and (5), 61.315(a), 61.23(a), 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 Aladtec, Inc. S eeks:

This exemption will permit Aladtec, Inc. to commercially operate an

33Unmanned Aircraft System (UAS) for the purpose of conducting aerial video and

photography over certain areas of the United States.

G. An y Additional Information, Views, Or Arguments Available To Support

Aladtec, Inc.'s Request.

This Petition is mad e pursua nt to the FAA Modernizati on a nd Re form Act of 2012

( FMRA) Section 333, wh ich directs the Secretary of Transportation to determ ine if certain

UAS may operate safely in the NAS. As such, A ladtec, Inc. request for ex emption m ay be

granted pursuant to the authority of FMRA Section 333 and 14 C.F.R. Part 11, as s et 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 d iscussed in d etail above, Aladtec, Inc. will operate the DJI Phantom 3

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

otherwise pose a thre at to nati on al secu rity.

CONCL USION

As set forth h erein, Aladtec, Inc. seek s an exemption pursuant to 14 C.F.R § 11.61

and Sectio n 333 of the FAA Modernization and Reform Act of 2012

(FMRA), which will p ermit safe op eration of the DJI Phantom 3 UAS c ommercially,

without an airworthiness certificate, fo r the limited purpose of conductin g a erial video and

photography o v er

c ertain areas of the United States. By granting this P etition, the FAA

A d ministrator will be f

ulfilling the Congressional mandate of the FAA M o d ern ization and

Reform Act of 2012, while also advancing the interests of the public, by allowing Aladtec,

I nc. to safely, ef

ficiently, and economically operate the DJI Phantom 3 UAS

34commercially within t he NAS.

WHEREFORE

, in accordance with the Federal Aviation Reg ulations and the

FAA Modernization and Reform Act of 2012, Section 333, Aladtec, Inc. r espectfully

requests that the Ad ministrator grant this Petition for an exemption from the requirements

of 14 C.F.R Sections 6 1.101(e)(4) an d (5), 61 .3 15(a), 61.23(a), 91.7(a), 91.121

, 91 .151(b),

9 1.405(a), 91.407( a) (1), 91.409(a)(1) & (a)(2)

, and 91.417(a) & (b), and permit A ladtec, Inc.

to operate the DJI P hantom 3 UAS c ommercially for the purpose of conducting aerial

v ideo and photography o v er a reas of the United States. D ated: June 8 , 2015

Respectfully submitted,

Jesse Feyereisen

Jesse Feyereisen

Aladtec, Inc.

906 Dominion Dr.

Hudson, WI 54016

Tel: (888) 749-5550

Email: jesse@aladtec.com

35Exhibits:

Ex h ib its:

A

– DJI Ph

an to m 3 Specif ication s Data Sheet

B

– DJI Ph an to m 3 Man u f acturer’s User Manu

al

C – Monthly Mainten

an ce Log

EXH IBIT – A

DJI Phantom 3 Specifications Data Sheet

36DJI Phantom 3 Professional T E CHNICAL SPECIFICATIONS

Aircraft Weight (Including Battery And Propellers): 1280 g

Diagonal Size (Including Propellers): 590 mm

Max Ascent Speed: 5 m/s

Max Descent Speed: 3 m/s

Hover Accuracy:

Vertical: +/- 0.1 m (when Vision Positioning is active) or +/- 0.5 m

Horizontal: +/- 1.5 m

Max Speed: 16 m/s (ATTI mode, no wind)

Max Altitude Above Sea Level: 6000 m

Operating Temperature : 0°C to 40°C

GPS Mode : GPS/GLONASS

Dimensions : 438x451x301 mm

Gim bal Controllable Range: Pitch -90° to +30°

Stabilization: 3-axis (pitch, roll, yaw)

37Camera Sensor: Sony EXMOR 1/2.3” Effective pixels: 12.4 M (total pixels:

12.76 M)

Lens: FOV 94° 20 mm (35 mm format equivalent) f/2.8, focus at ∞

ISO Range: 100-3200 (video) 100-1600 (photo)

Shutter Speed: 8s -1/8000s

Image Max Size: 4000 x 3000

Still Photography Modes:

Single Shot

Burst Shooting: 3/5/7 shots

Auto Exposure Bracketing (AEB): 3/5

Bracketed Frames at 0.7EV Bias

Time-lapse

Video Recording Modes:

Phantom 3 Professional

UHD: 4096x2160p 24/25, 3840x2160p 24/25/30

FHD: 1920x1080p 24/25/30/48/50/60

HD: 1280x720p 24/25/30/48/50/60

Micro SD

Max capacity: 64 GB. Class 10 or UHS-1 rating required

Max Bitrate Of Video Storage: 60 Mbps

Supported File Formats: FAT32/exFAT

Photo: JPEG, DNG

Video: MP4, MOV (MPEG-4 AVC/H.264)

Operating Temperature: 0°C to 40°C

38Remote

Controller Operating Frequency: 2.400 GHz-2.483 GHz

Max Distance: 2000m (outdoors and unobstructed)

Video Output Port: USB

Operating Temperature: 0°C- 40°C

Battery: 6000 mAh LiPo 2S

Mobile Device Holder: For tablet or phone

Receiver Sensitivity (1%PER): -101 dBm ±2 dBm

Transmitter Power (EIRP): FCC: 20 dBm

CE: 16 dBm

Working Voltage: 1.2 A @7.4 V

Charger Voltage: 17.4 V

Rated Power: 100 W

Intelligent

Flight

Battery Capacity: 4480 mAh

Voltage: 15.2 V

Battery Type: LiPo 4S

Energy: 68 Wh

Net Weight: 365 g

Max Flight Time: Approximately 23 minutes

Operating Temperature: -10°C to 40°C

Max Charging Power: 100 W

39Vision

Positioning Max Velocity: Less than 8 m/s (when 2 m above ground)

Altitude Range: 30 cm-300 cm

Operating Range: 30 cm-300 cm

Operating Environment: Surface with clear pattern and adequate lighting (Lux > 15)

40Exhibits:

A – DJI Phantom 3 Specifications Data Sheet

B – DJI Phantom 3 Manufacturer’s User Manual

C – Monthly Maintenance Log

EXHI B I T

– B

DJI Phantom 3 Manufacturer’s User Manual

41EXHI B I T

– C

MON THLY MAINTENANCE LOG

month: year:

UAS #: Date Issue

Discovered Date Issue

Addressed Issue Description & Maintenance Conducted Maintenance Performed By:

Print & Sign

Software Updates

Airframe

Engines

Propellers

Camera Gimbal

Landing Gear

Vibration Dampening

Other:

Jesse Feyereisen

ALADTEC, INC.

906 Dominion Dr.

Hudson WI, 54016

Tel: (888) 749-5550 Email:

jesse@aladtec.com

4 2