UNITED	STATES	OF	AMERICA

DEPARTMENT	OF	TRANSPORTATION

FEDERAL	AVIATION	ADMINISTRATION
WASHINGTON,	DC

Regulatory	Docket	No.	_______________

IN	THE	MATTER	OF	THE	PETITION	FOR	EXEMPTION	OF:

ALEXANDER	BRYAN	dba.	BALANCED	WINGS

FOR	AN	EXEMPTION	SE EKING	RELIEF	FROM	THE	REQUIREMENTS	OF	TITLE	14	OF THE	CODE	OF	FEDERAL	REGULATIONS	SECTIONS	61.113(a)	&	(b),	91.7(a),	91.121, 91.151(b),	91.405(a),	91.407(a)(1),	91.409(a)(1)	&	(a)(2),	AND	91.417(a)	&	(b) CONCERNING	COMMERCIAL	OPERATION	OF	DJI	PHANTOM	3	AND DJI	INSPIRE	1

UNMANNED	AIRCRAFT	SYSTEMS	PURSUANT	TO	SECTION	333	OF	THE	FAA MODERNIZATION	AND	REFORM	ACT	OF	2012	(PUBLIC	LAW	112

- 95)

Submitted	on	March	5,	2016

ALEXANDER	BRYAN	dba.	BALANCED	WINGS

3316	NE	TILLAMOOK	STREET
PORTLAND,	OR	97212TABLE	OF	CONTENTS Page

GLOSSARY	OF

ABBREVIATIONS........................................................................................................

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

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

............................................... ................... ...............	4	I

I NTRODUCTION	AND	INTERESTS	OF	PETITIONER............................

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

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

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

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

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

NAME	AND	ADDRESS	OF	PE TITIONER.......................

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

THE	SPECIFIC	SECTIONS	OF	14	C.F.R.	FROM	WHICH

ALEXANDER	BRYAN	dba.	BALANCED	WINGS SEEKS	EXEMPTION........

. ........7

THE	EXTENT	OF	RELIEF ALEXANDER	BRYAN	dba.	BALANCED

W INGS SEEKS	AND THE	REASON ALEXANDER	BRYAN	dba.

BALANCED	WINGS SEEKS	THE	RELIEF.............

............................................... ...........9

THE	REASONS	WHY	GRANTING ALEXANDER	BRYAN	dba.

BALANCED	WINGS REQUEST WOULD	BE	IN	THE	PUBLIC	INTEREST

. . ......10

THE	REASONS	WHY	GRANTING	THE	EXEMPTION	WOULD	NOT

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

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

CONCLUSION....................................................................

....................................... ................... ............19GLOSSARY	OF	ABBREVIATIONS

AGL Above	Ground	Level

AOI Area	of	Interest

ATC Air	Traffic	Control

ATO Air	Traffic	Organization

AV Aerial	Vehicle

CFR Code	of Federal	Regulations

COA Certificate	of	Authorization

FAA Federal	Aviation	Administration

FAR Federal	Aviation	Regulation

GCS Ground	Control	Station

GPS Global	Positioning	System

LOL Loss	of	Link

NAS National	Airspace	System

NOTAM Notice	t o	Airman

PIC Pilot	In	Command

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

SO Safety	Observer

SOP Standard	Operating	Procedures

UA Unmanned	Aircraft

UAS Unmanned	Aircraft	System

VFR Visual	Flight	Rules

VLOS Visual	Line of	Sight

VMC Visual	Meteorological	Conditions

VTOL Vertical	Take	off	and	Landing DJI UAV	manufacturer

ESC Electronic	Speed	Controller

FPV First	Person	View

LI

- PO Lithium	Polymer	Battery

RCV Radio	Controlled	VehicleSUMMA RY

ALEXANDER	BRYAN	dba.	BALANCED	WINGS	hereafter	referred	to	as	BALANCED

WINGS seeks	exemption	from	the	requirements	of	14	C.F.R	§§	61.113(a)	&	(b), 91.7(a),	91.121,	91.151(b),	91.405(a),	91.407(a)(1),	91.409(a)(1)	&	(a)(2),	and 91.417(a)	&	(b),	to	opera te	an	Unmanned	Aircraft	System	pursuant	to	Section	333	of the	FAA	Modernization	and	Reform	Act	of	2012	(FMRA).	This	exemption	will	permit

BALANCED	WINGS to	operate	an	Unmanned	Aircraft	System	(UAS)	for	the commercial	purpose	of	conducting	aerial	video	and photography	for	marketing,	film sets,	real	estate	photography,	commercials,	special	events,	wedding cinematography,	and	landscape	over	certain	areas	of	the	United	States.

INTRODUCTION	AND	INTERESTS	OF	THE	PETITIONER

BALANCED	WINGS is	a	digital	media company	that	has	an expertise	and	knowledge in	aspects	of	building	programming	and	o perating	multiple	types	of	UAS's along with	camera	set	up	and	operation. BALANCED	WINGS also	provides	clients	with	the highest	quality	digital	content	for	use	in	their	com mercial,	personal,	and	non

- profit multimedia	projects. BALANCED	WINGS has	4	years	of	RCV	experience.

The	objective	of BALANCED	WINGS aerial	video	and	photography	operations	is	to provide	high	quality	imaging	for	a	variety	of	commercial,	public,	and	resid ential uses,	along	with	test	repaired	drones	for	clients	in	a	safe	testing	location	away	from all	obstacles	and	people	at	all	times. BALANCED	WINGS will	also	provide	knowledge of	UAS	and	promote	safe	UAS	operations.BACKGROUND

Unmanned	Ai rcraft	Systems:	DJI	Phantom	3,	DJI	Inspire	1	UASs

BALANCED	WINGS seeks	an	exemption	to	operate	DJI	systems	for	compensation	or

hire	within	the	NAS.	The	DJI	Phantom	3	and	DJI	Inspire	1	are	vertical	takeoff	and

landing	(VTOL)	Unmanned	Aircraft	(UA)	with	a	G round	Control	Station	(GCS)

utilizing	electronic	tablet	or	smart	phone	systems.	The	DJI	Phantom	3	has	a maximum	gross	weight	of	approximately	2	pounds	14	ounces,	while	having	a	length of	16	inches	width	of	16	inches,	height	of	8	inches,	and	a	maximum	speed of approximately	29	knots.	The	DJI	Inspire	1	has	a	maximum	gross	weight	of	6	pounds 7.5	ounces,	a	length	of	17.3	inches,	width	of	17.7	inches,	height	of	11.8	inches,	and	a maximum	speed	of	approximately	42	knots.	The	DJI	Phantom	3	and	DJI	Inspire	1UAs

are equipped	with	four	main	rotors;	driven	by	Lithium	Polymer	battery	powered

electric	motors.

The	DJI Phantom	3	and	DJI	Inspire	1	UAS that	will	be	operated	by BALANCED

WINGS will	be	registered	in	accordance	with	49	U.S.C.	44103,	Registration	of Aircraft,	as well	as	14	C.F.R	Part	47,	Aircraft	Registration,	and	marked	in	accordance with	14	C.F.R.	Part	45,	Identification	and	Registration	Markings.

BASIS	FOR	PETITION

Petitioner, BALANCED	WINGS ,	pursuant	to	the	provisions	of	the	Federal	Aviation Regulations	( 14	C.F.R.	§	11.61)	and	the	FAA	Modernization	and	Reform	Act	of	2012 (FMRA),	Section	333,	Special	Rules	for	Certain	Unmanned	Aircraft	Systems,	hereby petitions	the	Administrator	to	commercially	operate	the	DJI	Phantom	3,	DJI	Inspire

1	UASs	in	the	National	A irspace	System	(NAS),	and	for	an	exemption	from	the requirements	of	14	C.F.R	§§	61.113(a)	&	(b),	91.7(a),	91.121,	91.151(b),	91.405(a), 91.407(a)(1),	91.409(a)(1)	&	(a)(2),	and	91.417(a)	&	(b).

In	consideration	of	the	speed,	weight,	size,	and	limited	ope rating	area	associated with	the	unmanned	aircraft	and	its	operation, BALANCED	WINGS operation	of	DJI Phantom	3	and	DJI	Inspire	1	UASs	meets	the	conditions	of	FMRA	Section	333	and therefore,	will	not	require	an	airworthiness	certificate	in	accordance	with	1 4	C.F.R. Part	21,	Subpart	H.

Accordingly, BALANCED	WINGS 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	airwo rthiness

certificate.

BALANCED	WINGS submits	that	the	requested	relief	is	proper	since	an	equivalent level	of	safety	will	be	ensured. BALANCED	WINGS will	use	experienced	personnel	or technicians	to	perform	maintenance,	alterations,	or	preventive	maintena nce	on	the UASs	using	the	methods,	techniques,	and	practices	prescribed	in	the	operatingdocuments	(i.e.,	Monthly	Maintenance	Log,	and	DJI	Phantom	3	and	DJI	Inspire	1 Instruction	Manual).	Furthermore, BALANCED	WINGS will	document	and	maintain

all	maintenan ce	records	for	the	DJI	Phantom	3	and	DJI	Inspire	1	UASs.

Relief	from	certain	requirements	of	Section	61.113(a)	and	(b),	entitled	Private	pilot privileges	and	limitations:	Pilot	in	command,	is	requested	by BALANCED	WINGS to the	extent	necessary	to	allow	a Pilot	in	Command	(PIC)	holding	a	private	pilot	or higher	level	certificate,	as	well	as	an	airman	medical	certificate,	and	who	has demonstrated,	by	meeting	minimum	flight

- hour	and	currency	requirements,	that the	PIC	is	able	to	safely	operate	the	DJI	Phant om	3	and	DJI	Inspire	1	UASs	in	a manner	consistent	with	this	exemption,	including	evasive	and	emergency maneuvers	and	maintaining	appropriate	distances	from	people,	vessels,	vehicles

and	structures.

BALANCED	WINGS seeks	relief	from	Section	91.7(a),	entit led	Civ il	aircraft airworthiness,	because	the	DJI	Phantom	3	and	DJI	Inspire	1	UASs	do	not	require	an airworthiness	certificate	in	accordance	with	14	C.F.R.	Part	21,	Subpart	H.	As	such,

BALANCED	WINGS submits	that	he	will	ensure	that	the	DJI	Phantom	3	and	D JI Inspire	1UASs	are	in	an	airworthy	condition,	prior	to	every	flight,	by	determining that	the	UASs	are	in	compliance	with	the	operating	documents	(i.e.,	Monthly Maintenance	Log,	and	DJI	Phantom	3	and	DJI	Inspire	1	Instruction	Manual),	and	that

the	aircraf t	are	in	a	condition	for	safe	flight.

BALANCED	WINGS also	seeks	an	exemption	from	the	requirements	of	Section 91.121,	entitled	Altimeter	Settings,	as	the	DJI	Phantom	3	and	DJI	Inspire	1	UAs	will not	have	a	typical	barometric	altimeter	onboard.	However,	a ltitude	information	of the	DJI	Phantom	3	and	DJI	Inspire	1UAs	will	be	provided	to	the	PIC	via	Global Positioning	System	(GPS)	equipment	and	radio	communications	telemetry	data	link, which	downlinks	from	the	UA	to	the	GCS	for	active	monitoring	of	the	flight path. This	altitude	information,	combined	with BALANCED	WINGS operation	of	the	DJI Phantom	3	and	DJI	Inspire	1	UASs	within	vis ual	line	of	sight,	at	or	below	4 00	feet AGL,	will	ensure	a	level	of	safety	equivalent	to	Section	91.121.

Additionally, BALANCED WINGS seeks	an	exemption	from	the	requirements	of Section	91.151(b),	entitled	Fuel	requirements	for	flight	in	VFR	conditions.

BALANCED	WINGS submits	that	safety	will	not	be	affected	by	operation	of	the	DJI Phantom	3	and	DJI	Inspire	1	UAs	during	daylight	h ours	in	visual	meteorological conditions	(VMC)	under	visual	flight	rules	(VFR),	with	enough	battery	power	to	fly for	a	total	duration	of	approximately	15.5	minutes	to	the	first	point	of	intended landing	and,	assuming	normal	cruising	speed,	to	fly	after	tha t	for	at	least	4.5

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

A. Name	And	Address	Of	The	Petitioner.

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

ALEXANDER	BRYAN	dba.	BALANCED	WINGS

3316	NE	TILLAMOOK	STREET
PORTLAND,	OR	97212

Email: alexbryan87@gmail.com

B.	The	Specific	Sections	Of	14	C.F.R.	from	Which BALANCED	WINGS Seeks Exemption.

1. BALANCED	WINGS 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:

1. No	person	who	hol ds	a	private	pilot	certificate	may	act	as	a	pilot	in command	(PIC)	of	an	aircraft	that	is	carrying	passengers	or	property for	compensation	or	hire;	nor	may	that	person,	for	compensation	or hire,	act	as	PIC	of	an	aircraft.

2. A	private	pilot	may,	for	compensa tion	or	hire,	act	as	PIC	of	an	aircraft in	connection	with	any	business	or	employment	if

— i. The	flight	is	only	incidental	to	that	business	or	employment;

and

ii. The	aircraft	does	not	carry	passengers	or	property	for compensation	or	hire.

2. BALANCED	WINGS Seeks Exemption	From	The	Requirements	Of	Section 91.7(a). Section	91.7,	entitled	civil	aircraft	airworthiness,	subsection	(a),	states	the following:	(a)	No	person	may	operate	a	civil	aircraft	unless	it	is	in	an airworthy	condition.

3. BALANCED	WINGS Seeks	Exempt ion	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	ca se	may	be,	by	reference to	an	altimeter	that	is	set,	when	operating

-- 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	pre scribed	in	paragraph (a)(1)(i)	of	this	section,	the	current	reported	altimeter	setting of	an	appropriate	available	station;iii. In	the	case	of	an	aircraft	not	equipped	with	a	radio,	the elevation	of	the	departure	airport	or	an	appropriate	altimeter setting	av ailable	before	departure.

4. BALANCED	WINGS Seeks	Exemption	From	The	Requirements	Of	Section 91.151(b). Section	91.151,	entitled	Fuel	requirements	for	flight	in	VFR	conditions, subsection	(b),	states	the	following: (b)	No	person	may	begin	a	flight	in	a	roto rcraft	under	VFR	conditions	unless (considering	wind	and	forecast	weather	conditions)	there	is	enough	fuel	to fly	to	the	first	point	of	intended	landing	and,	assuming	normal	cruising	speed, to	fly	after	that	for	at	least	20	minutes.

5. BALANCED	WINGS Seeks	E xemption	From	The	Requirement	Of	Section 91.405(a). Section	91.405,	entitled	Maintenance	required,	subsection	(a),	states	the following:	Each	owner	or	operator	of	an	aircraft

— (a)	Shall	have	that	aircraft	inspected	as	prescribed	in	subpart	E	of	this	part and	shall	between	required	inspections,	except	as	provided	in	paragraph	(c) of	this	section,	have	discrepancies	repaired	as	prescribed	in	part	43	of	this chapter[.]

6. BALANCED	WINGS Seeks	Exemption	From	The	Requirements	Of	Section 91.407(a)
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	unle ss

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

7. BALANCED	WINGS Seeks	Exemption	From	The	Requirements	Of Sections	91.409(a)(1)	And	91.409(a)(2). Section	91.409,	entitled	Inspections,	subsection	(a ),	states	the	following: (a)	Except	as	provided	in	paragraph	(c)	of	this	section,	no	person	may operate	an	aircraft	unless, within	the	preceding	12	calendar	months,	it	has

had

-- (1)	An	annual	inspection	in	accordance	with	part	43	of	this	chapter	and	has

b een	approved	for	return	to	service	by	a	person	authorized	by	§	43.7	of	this chapter;	or (2)	An	inspection	for	the	issuance	of	an	airworthiness	certificate	in accordance	with	part	21	of	this	chapter.

8

. BALANCED	WINGS Seeks	Exemption	From	The	Requirements Of	Sections 91.417(a)	And	91.417(b). Section	91.417,	entitled	Maintenance	records,	subsections	(a)	and	(b),	state	the following:

a. Except	for	work	performed	in	accordance	with	§§	91.411	and	91.413,	each registered owner	or	operator	shall	keep	the	follo wing	records	for	the	periods specified	in	paragraph	(b)	of	this	section:	Records	of	the	maintenance,	preventivemaintenance,	and	alteration	and	records	of	the	100

- hour,	annual,	progressive,	and other	required	or	approved	inspections,	as	appropriate,	for	ea ch	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.

Records	contai ning	the	following	information:

1. The	total	time	in	service	of	the	airframe,	each	engine,	each propeller, and	each	rotor

. 2. The	current	status	of	life

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

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

4. The	current inspection	status	of	the	aircraft,	including	the	time since	the	last	inspection	required	by	the	inspection	program	under which	the	aircraft	and	its	appliances	are	maintained.

5. The	current	status	of	applicable	airworthiness	directives	(AD)	and safety	di rectives	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.

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

2. The	owner	or	operator	shall	retain	the	following	records	for	the	periods prescribed:

. The	records	specified	in	paragra ph	(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.

i. The	records	specified	in	paragraph	(a)(2)	of	this	section	shall	be

retained	and transferred	with	the	aircraft	at the	time	the	aircraft	is

sold.

ii. 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.	The	Extent	Of	Relief BAL ANCED	WINGS Seeks	And	The	Reason BALANCED

WINGS Seeks	The	Relief.

1. Extent	Of	Relief BALANCED	WINGS Seeks	And	The	Reason BALANCED

WINGS Seeks	Relief	From	Section	61.113(a)	And	(b).Relief	from	Section	61.113(a)	and	(b)	entitled	Private	pilot	privileges	and limitations:	Pilot	in	command,	is	requested	to	the	extent	necessary	to	allow	a PIC	holding	a	private	pilot	or	higher	level	certificate,	as	well	as	a	current	and valid	airman	medical	certificate,	and	who	has	met	certain	flight

- hour	and currency	requirements ,	to	conduct	the	proposed	UAS	flight	operations	for compensation	or	hire. This	relief	is	requested	since	the	limitations	set	forth	in	Section	61.113(a) and	(b)	state	that	a	private	pilot	may,	for	compensation	or	hire,	act	as	PIC	of

an	aircraft	in	connecti on	with	any	business	or	employment	if:	(1)	The	flight	is only	incidental	to	that	business	or	employment;	and	(2)	The	aircraft	does	not carry	passengers	or	property	for	compensation	or	hire. As	set	forth	more	fully	below, BALANCED	WINGS submits	that	an	equ ivalent level	of	safety	will	be	maintained	because	no	PIC	will	be	allowed	to	operate the	DJI	Phantom	3	UAS	or	DJI	Inspire	1	UAS	unless	that	PIC	has	met	certain flight

- hour	and	currency	requirements,	demonstrating	that	the	PIC	is	able	to safely	operate	eith er	the	DJI	Phantom	3	or	DJI	Inspire	1	UAS	in	a	manner consistent	with	the	operations	specifications	as	described	in	this	exemption, including	evasive	and	emergency	maneuvers,	as	well	as	maintaining appropriate	distances	from	people,	vessels,	vehicles	and	s tructures. Further, BALANCED	WINGS submits	that	all	flights	of	the	DJI	Phantom	3	and DJI	Inspire	1	UASs,	conducted	by	the	PIC	pursuant	to	the	grant	of	this Petition:	(1)	will	be	incidental	to BALANCED	WINGS business;	and	(2)	will

not	carry	passengers	or	p roperty	for	compensation	or	hire.

2. Extent	Of	Relief BALANCED	WINGS Seeks	And	The	Reason BALANCED

WINGS Seeks	Relief	From	Section	91.7(a). Relief	from	Section	91.7(a)	entitled	Civil	aircraft	airworthiness,	is	requested to	the	extent	required	to	allow BALANC ED	WINGS to	determine	that	the	DJI Phantom	3	and	DJI	Inspire	1	UASs	are	in	airworthy	condition	prior	to	every flight	by	ensuring	that	the	UAS	is	in	compliance	with	the	operating documents	(i.e., BALANCED	WINGS Aerial	Operations	Manual,	Monthly

Maintenance Log,	and	DJI	Phantom	3	and	DJI	Inspire	1	Instruction	Manual).

BALANCED	WINGS seeks	the	requested	relief	because	the	DJI	Phantom	3	and DJI	Inspire	1	UASs	do	not	require	an	airworthiness	certificate	in	accordance with	14	C.F.R.	Part	21,	Subpart	H.	Therefore

, BALANCED	WINGS will	ensure that	the	DJI	Phantom	3	and	DJI	Inspire	1	UASs	are	in	airworthy	condition based	upon	its	compliance	with	the	operating	documents	(i.e.,	Monthly Maintenance	Log,	and	DJI	Phantom	3	and	DJI	Inspire	1	Instruction	Manual) prior	to	eve ry	flight,	and	further,	determine	that	the	aircraft	are	in	condition for	safe	flight,	as	stated	in	the	conditions	and	limitations	below.

3. Extent	Of	Relief BALANCED	WINGS Seeks	And	The	Reason BALANCED

WINGS Seeks	Relief	From	Section	91.121.

Relief	from	Sect ion	91.121,	entitled	Altimeter	settings,	may	be	required	to allow	flight	operations	of	the	DJI	Phantom	3	and	DJI	Inspire	1	UASs,	which utilize	a	barometric	pressure	sensor,	GPS	equipment,	and	a	radio communications	telemetry	data	link	to	downlink	altitude information	from the	UA	to	the	PIC	at	the	ground	control	station	(GCS).	Since	the	FAA	requiresthat	any	altitude	information	concerning	UAS	operations	be	reported	to	air traffic	control	(ATC)	in	feet	above	ground	level	(AGL), BALANCED	WINGS seeks	the	reque sted	relief	because the	DJI	Phantom	3	and	DJI	Inspire	1	UA’s altimeter	may	be	set	on	the	ground	to	zero	feet	AGL,	rather	than	the	local barometric	pressure	or	field	altitude,	before	each	flight.	Considering	the limited	altitude	of	the	proposed	operations, relief	from	14	CFR	91.121	is sought	to	the	extent	necessary	to	comply	with	the	applicable	conditions	and limitations	stated	below.	As	more	fully	set	forth	herein,	an	equivalent	level	of safety	will	be	maintained	since	the	DJI	Phantom	3	and	DJI	Inspire	1	UA s	are equipped	with	a	barometric	pressure	sensor	and	GPS	equipment,	which automatically	ensures	that	a	ground	level	pressure	setting	will	be	established prior	to	each	flight,	and	provides	the	PIC	with	altitude	information	of	the	UA

on	the	heads

- up	display of	the	GCS.

4. Extent	Of	Relief BALANCED	WINGS Seeks	And	The	Reason BALANCED

WINGS Seeks	Relief	From	Section	91.151(b). Relief	from	Section	91.151(b)	entitled	Fuel	requirements	for	flight	in	VFR conditions,	is	requested	to	the	extent	required	to	allow	flight s	of	the	battery powered	DJI	Phantom	3	and	DJI	Inspire	1	UAs	during	daylight	hours	in	visual meteorological	conditions	(VMC),	under	visual	flight	rules	(VFR),	for	a	total duration	of	15.5	minutes	to	the	first	point	of	intended	landing	and,	assuming

normal cruising	speed,	to	fly	after	that	for	at	least	4.5	minutes. BALANCED

WINGS seeks	the	requested	relief	because	without	an	exemption	from Section	91.151(b),	the	flight	time	duration	of	the	battery	powered	DJI Phantom	3	and	DJI	Inspire	1	UAs	will	severely	con strain	the	practicality	of any	aerial	video	or	still	photo	flight	operations	that BALANCED	WINGS proposes	to	conduct	pursuant	to	this	Petition. Significantly,	as	set	forth	below,	the	technical	specifications	of	the	DJI Phantom	3	and	DJI	Inspire	1	UASs,	th e	DJI	Phantom	3	and	DJI	Inspire	1 operating	documents,	and BALANCED	WINGS proposed	operating limitations,	ensure	that BALANCED	WINGS will	safely	operate	the	battery powered	DJI	Phantom	3	and	DJI	Inspire	1	UAs	during	daylight	hours	in	visual meteorological conditions	(VMC),	under	visual	flight	rules	(VFR),	with enough	battery	power	to	fly	for	a	total	duration	of	13.5	minutes	to	the	first point	of	intended	landing	and,	assuming	normal	cruising	speed,	to	fly	after

that	for	at	least	4.5	minutes.

5. Extent	Of	Reli ef BALANCED	WINGS Seeks	And	The	Reason BALANCED

WINGS 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, BALANCED

WINGS requests	relief	from	these	Sections	because	the	DJI	Phantom	3	and	DJI Inspire	1	UASs	do	not	require	airworthiness	certificates.	As	set	forth	more fully	below,	the	DJI	Phantom	3	and	DJI	Inspire	1	UASs	meet the	conditions	of FMRA	Section	333	for	operation	without	an	airworthiness	certificate. Accordingly, BALANCED	WINGS will	use	trained	technicians	to	perform maintenance,	alterations,	or	preventive	maintenance	on	the	UASs	using	themethods,	techniques,	and	pr actices	prescribed	in	the	UAS	operating documents	(i.e., BALANCED	WINGS Aerial	Operations	Manual,	Monthly Maintenance	Log,	and	DJI	Phantom	3	and	DJI	Inspire	1	Instruction	Manual). Furthermore, BALANCED	WINGS will	document	and	maintain	all

maintenance	recor ds	for	the	DJI	Phantom	3	and	DJI	Inspire	1	UASs.

D.	The	Reasons	Why	Granting BALANCED	WINGS Request	Would	Be	In	The Public	Interest:	That	Is,	How	It	Would	Benefit	The	Public	As	A	Whole.

Granting	the	present	Petition	will	further	the	public	interest	by allowing BALANCED

WINGS to	safely,	efficiently,	and	economically	perform	aerial	video	and	photography of	construction	sites,	real	estate,	and	landscape	over	certain	areas	of	the	United

States. Additionally,	use	of	the	DJI	Phantom	3	and	DJI	Inspire	1	UASs will	decrease congestion	of	the	NAS,	reduce	pollution,	crashes	and	accidents	caused	by	pilot	error and	provide	significant	benefits	to	the	economy.	Notably,	the	benefits	of BALANCED

WINGS proposed	operation	of	the	DJI	Phantom	3	and	DJI	Inspire	1	UASs	will be realized	without	implicating	any	privacy	issues.

1. The	Public	Will	Benefit	From	Decreased	Congestion	Of	The	NAS. The	DJI	Phantom	3	and	DJI	Inspire	1	UAs	are	battery	powered	and	serve	as	a safe,	efficient,	and	economical	alternative	to	the	manned	aircraf t	traditionally utilized	to	obtain	aerial	imagery.	By	reducing	the	amount	of	manned	aircraft needed	to	perform	aerial	acquisitions,	an	exemption	allowing	the	use	of	a	DJI Phantom	3	or	DJI	Inspire	1	UAS	would	reduce	the	amount	of	manned	aircraft in	the	NAS, reduce	noise	and	air	pollution,	as	well	as	increase	the	safety	of	life and	property	in	the	air	and	on	the	ground. Furthermore,	by	reducing	the	number	of	manned	aircraft	operating	in	the NAS,	congestion	around	airports	caused	by	arriving	and	departing	airc raft will	be	reduced.	The	DJI	Phantom	3	and	DJI	Inspire	1	UAs	do	not	require	an airport	to	takeoff	or	land.	Likewise,	a	reduction	of	manned	aircraft conducting	aerial	video	and	photography	missions	would	result	in	fewer aircraft	that	must	be	handled	by	air traffic	control	during	the	ground,	takeoff, departure,	arrival,	and	landing	phases	of	flight	operations.

2. The	Public	Will	Benefit	From	The	Safety	And	Efficiency	Of	The	DJI Phantom	3	and	DJI	Inspire	1	UASs. Conducting	aerial	acquisitions	with	the	DJI	Phant om	3	and	DJI	Inspire	1 UASs,	instead	of	manned	aircraft,	will	greatly	benefit	the	public	by	drastically reducing	the	levels	of	air	and	noise	pollution	generated	during	traditional aerial	video	and	still	photography	flight	operations.	By	using	battery	power and	electric	motors,	the	DJI	Phantom	3	and	DJI	Inspire	1	UASs	produce	no	air pollution,	and	is	the	most	viable	environmentally	conscious	alternative	to	the cabin	class,	six	cylinder	internal	combustion	engine	aircraft	that	are	typically

utilized	for	aeria l	video	and	photography,	while	burning	approximately	20

- 30	gallons	per	hour	of	leaded	aviation	fuel.	The	DJI	Phantom	3	and	DJI	Inspire 1	UAs,	while	reducing	the	carbon	footprint	of	aerial	acquisitions,	alsoeliminates	noise	pollution,	as	the	UAs	are	propel led	by	battery	powered electric	motors,	rather	than	an	internal	combustion	engine. By	using	the	DJI	Phantom	3	and	DJI	Inspire	1	UASs	to	perform	aerial acquisitions,	the	substantial	risk	to	life	and	property	in	the	air	and	on	the ground,	which	is	usually	a ssociated	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	and	DJI	Inspire	1	UAs	(weighing	approximately	2 pounds	14 ounces	and	6	pounds	7.5	ounces	respectively,	at	their	maximum	gross weights	with	lengths	of	16	inches	and	17.3	inches	respectively,	widths	of	16 inches	and	17.7	inches	respectively,	and	with	no	fuel	on	board),	has	less physical	potential	for	col lateral	damage	to	life	and	property	on	the	ground, and	in	the	air,	compared	to	the	manned	aircraft	that	typically	conduct	similar operations	(weighing	approximately	6,000	pounds	with	a	wingspan	of approximately	42	feet,	a	length	of	34	feet,	and	a	fuel	capa city	of	180	gallons).

3. Performing	Aerial	Video	and	Photography	Operations	With	The	DJI Phantom	3	and	DJI	Inspire	1	UASs	Will	Benefit	The	Economy. In	addition	to	being	safe	and	efficient,	the	DJI	Phantom	3	and	DJI	Inspire	1

UASs	are	also	an	economical	alter native	to	using	manned	aircraft	to	conduct similar	aerial	operations.	As	such,	operation	of	the	DJI	Phantom	3	and	DJI Inspire	1	UASs	will	allow	United	States	based	companies,	like	Fiquett	Drones, to	remain	competitive	and	contribute	to	growth	of	the	U.S.	e conomy. Specifically,	with	the	rising	cost	of	aviation	fuel	and	the	Environmental Protection	Agency	(“EPA”)	regulatory	actions	phasing	out	leaded	aviation fuels,	U.S.	owned	and	operated	companies	must	adopt	new	and	alternative technology	in	order	to	remain competitive.	Operating	the	battery	powered DJI	Phantom	3	and	DJI	Inspire	1	UASs	is	one	such	technology	that	not	only allows	companies	greater	operational	flexibility	compared	to	manned aircraft,	but	provides	such	flexibility	without	the	high	operational	c ost	of	a

traditional	manned	aircraft. By	operating	the	DJI	Phantom	3	and	DJI	Inspire	1 UASs,	companies	such	as	Fiquett	Drones,	can	remain	competitive	and profitable,	and	therefore,	provide	greater	job	stability	to	employees	and contractors,	which	will	ulti mately	contribute	to	growth	of	the	U.S.	economy. Improved	financial	performance	of	U.S.	companies,	through	commercial	use of	the	DJI	Phantom	3	and	DJI	Inspire	1	UASs,	provides	a	stable	workforce	that increases	consumer	spending;	improves	local,	state,	and federal	tax revenues;	and	allows	companies	to	invest	in	research	and	development	in order	to	remain	competitive	both	in	the	United	States	and	abroad. 4.	There	Are	No	Privacy	Issues. Similar	to	the	manned	aerial	acquisition	flight	operations	that	have	bee n conducted	for	decades, BALANCED	WINGS proposed	operation	of	the	DJI Phantom	3	and	DJI	Inspire	1	UASs	would	not	implicate	any	privacy	issues. Specifically,	the	DJI	Phantom	3	and	DJI	Inspire	1	UASs	will	be	operated	only in	compliance	with	operating	documen ts	(i.e., BALANCED	WINGS Aerial Operations	Manual,	Monthly	Maintenance	Log,	and	DJI	Phantom	3	and	DJI Inspire	1	Instruction	Manual)	which	requires	property	owner	involvement	aswell	as	local	law	enforcement	notification,	and	in	accordance	with	the

Federal Aviation	Regulations,	including	the	minimum	altitude	requirements of	14	C.F.R.	§	91.119.

E.	The	Reasons	Why	Granting	The	Exemption	Would	Not	Adversely	Affect Safety,	Or	How	The	Exemption	Would	Provide	A	Level	Of	Safety	At	Least	Equal To	That	Provided	By The	Rule	From	Which BALANCED	WINGS Seeks Exemption.

1.	Reasons	Why	The	DJI	Phantom	3	and	DJI	Inspire	1	UAs	Meet	The	Conditions Of	The	FAA	Modernization	and	Reform	Act	of	2012	(FMRA)	Section	333. In	consideration	of	the	size,	weight,	speed,	and	limited	op erating	area	associated with	the	unmanned	aircraft	and	its	operation, BALANCED	WINGS operation	of	the DJI	Phantom	3	and	DJI	Inspire	1	UASs	meet	the	conditions	of	FMRA	Section	333,	and will	not	require	an	airworthiness	certificate	in	accordance	with	14	C.F .R.	Part	21, Subpart	H.	Section	333	provides	authority	for	a	UAS	to	operate	without airworthiness	certification	and	sets	forth	requirements	for	considering	whether	a UAS	will	create	a	hazard	to	users	of	the	NAS	or	the	public,	or	otherwise	pose	a	threat

to national	security.	Specifically,	FMRA	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	sha ll	determine	if	certain	unmanned	aircraft	systems	may operate	safely	in	the	national	airspace	system	before	completion	of	the	plan and	rulemaking	required	by	section	332	of	this	Act	or	the	guidance	required by	section	334	of	this	Act.

b. Assessment	of	Unmann ed	Aircraft	Systems.

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

— i. Which	types	of	unmanned	aircraft	systems,	if	any,	as	a	result	of	their size,	weight,	speed,	operational	capability,	proximity	to	airpo rts	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	whether	a	certificate	of waiver,	certificate	of	authorization,	or	ai rworthiness	certification under	section	44704	of	title	49,	United	States	Code,	is	required	for	the operation	of	unmanned	aircraft	sys tems	identified	under	paragraph (1).

c. Requirements	for	Safe	Operation.

-- If	the	Secretary	determines	under	this

section	tha t	certain	unmanned	aircraft	systems	may	operate	safely	in	the national	airspace	system,	the	Secretary	shall	establish	requirements	for	the safe	operation	of	such	aircraft	systems	in	the	national	airspace	system. In	seeking	this	exemption, BALANCED	WINGS s ubmits	that	the	DJI	Phantom 3	and	DJI	Inspire	1	UASs	can	operate	safely	in	the	NAS	pursuant	to	FMRA Section	333,	as	demonstrated	by:	(a)	the	characteristics	of	the	DJI	Phantom	3 and	DJI	Inspire	1	UASs;	(b)	the	pilot	certification	requirement;	and	(c)	the

s pecific	operating	limitations.i. The	Specifications	Of	The	DJI	Phantom	3	and	DJI	Inspire	1

UASs	Demonstrate	Its	Safe	Characteristics. The	DJI	Phantom	3	and	DJI	Inspire	1	UASs	do	not	create	a	hazard to	users	of	the	NAS	or	the	public,	or	otherwise	pose	a	thre at	to national	security	considering	its	size,	weight,	speed,	and operational	capability.

ii. Technical	Specifications	Of	The	DJI	Phantom	3	and	DJI	Inspire

1	UASs. The	DJI	Phantom	3	and	DJI	Inspire	1	Specifications	and Data	Sheet,	attached	hereto	as	Appendix	A and	B,	set	the	technical specifications	of	the	DJI	Phantom	3	and	DJI	Inspire	1	UASs	forth.

iii. The	DJI	Phantom	3	and	DJI	Inspire	1	UASs	Autonomous	Flight And	Navigation	Modes	Enable	The	UASs	To	Remain	Within	A Defined	Operational	Area. The	DJI	Phantom	3	and DJI	Inspire	1	UASs	may	be	operated	in	both manual	and	fully	autonomous	flight	modes.	A	complete description	of	the	flight	and	navigational	modes	of	the	DJI Phantom	3	and	DJI	Inspire	1	UASs	is	provided	at	pages	25

- 35	of the	DJI	Phantom	3	and	pages	12

- 16	and 45

- 50	of	the	DJI	Inspire	1 User	Manuals,	attached	hereto	as	Exhibit	C	and	D.

iv. The	DJI	Phantom	3	and	DJI	Inspire	1	UASs	Are	Designed	For

Automatic	Return	To	Home	Point	Or	Hover	In	The	Event	Of Loss	Of	The	Control	Link	Or	Navigation.

When	the	Control	Link	i s	lost,	the	DJI	Phantom	3	and	DJI	Inspire	1 UAs	will	remain	stationary,	in	flight,	for	3	seconds	or	more.	If,	after 3	seconds,	the	DJI	Phantom	3	and	DJI	Inspire	1	UAs	do	not reacquire	control	link	data	from	the	GCS,	the	UAs	will	assume	that

the	Control	Lin k	is	lost	and	the	UAs	will	return	to	the	home position	(i.e.,	failsafe	mode)	via	GPS,	and	will	descend	to	the takeoff	position	and	shutdown. A	complete	description	of	the	Failsafe	Functions	of	the	DJI

Phantom 3	UAS	are	set	forth	at	pages	23	through	24 and for	the DJI	Inspire	1	at	pages	13	through	15	of	the	DJI	Phantom	3	and	DJI Inspire	1	User	Manuals,	attached	here to	as	Exhibit	C	and	D.

v. The	DJI	Phantom	3	and	DJI	Inspire	1	GCS	And	It’s	Operation

. A	complete	description	of	the	operation	and	specifications	o f	the DJI	Phantom	3	and	DJI	Inspire	1	GCS	and	flight	control	software	is provided	at	pages	32	through	43	of	the	DJI	Phantom	3	User Manual	and	pages	40	through	47	of	the	DJI	Inspire	1	User	Manual. DJI	Phantom	3	and	DJI	Inspire	1	User	Manuals	are	attached	he reto
as	Exhibits	C	and	D.

vi. Flight	Operations	Of	DJI	Phantom	3	and	DJI	Inspire	1	UASs	Are Limited	To	The	Line	Of	Sight	Of	A	Certificated	Pilot	in Command	With	A	Safety	Observer.

BALANCED	WINGS will	only	utilize	certificated	pilots	who	possess

a	current	and valid	airman	medical	certificate	to	act	as	a	pilot	in command	(PIC)	of	the	DJI	Phantom	3	and	DJI	Inspire	1	UASs.Additionally,	a	safety	observer	will	assist	all	pilots	during	flight

time.

vii. Flights	Of	DJI	Phantom	3	and	DJI	Inspire	1	UASs	Will	Be

Conducte d Pursuant	To	Specific	Operating	Limitations.

In	seeking	this	exemption, BALANCED	WINGS proposes	to commercially	operate	DJI	Phantom	3	and	DJI	Inspire	1	UASs	for	the special	purpose	of	conducting	aerial	video	and	photography	over

certain	areas	of	United	S tates,	pursuant	to	the	following	specific operating	limitations:

1. Operations	authorized	by	this	grant	of	exemption	will	be limited	to	the	following	aircraft	described	in	the	operating documents,	rotorcraft	UASs	weighing	less	than	55	pounds maximum	gross	we ight:	DJI	Phantom	3	and	DJI	Inspire	1 Unmanned	Aircraft	Systems.	Proposed	operations	of	any	other aircraft	will	require	a	new	petition	or	a	petition	to	amend	this

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

3. The	UAs	may	not	be	flown	at	an	indicated	airspeed	exceeding

20	knots.

4. The	UA	must	be	operated	at	an	altitude of	no	more	than	400

feet	above ground	level	(AGL),	as	indicated	by	the	procedures specified	in	the	opera ting	documents	unless	a	special	request is	made	and	approved	by	ATC.	All	altitudes	reported	to	ATC

must	be	in	feet	AGL.

5. The	UAs	must	be	operated	within	visual	line	of	sight	(VLOS)	of the	PIC	at	all	times.	This	requires	the	PIC	to	be	able	to	use

human	visi on	unaided	by	any	device	other	than	corrective lenses,	as	specified	on	the	PIC’s	FAA

- issued	airman	medical

certificate.

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

7. All	operations	must	utilize	a	safety	observer (SO).	The	SO	may

be	used	to satisfy the VLOS requirement as long as the PIC always maintains	VLOS	capability.	The	SO	and	PIC	must	be	able to	communicate	verbally	at	all	times.	Electronic	messaging	or texting	is	not	permitted	during	flight	operations.	The	P IC	must be	designated	before	the	flight	and	cannot	transfer	his	or	her designation	for	the	duration	of	the	flight.	The	PIC	must	ensure that	the	SO	can	perform	the	functions	prescribed	in	the operating	documents.

8. The	SO	must	not	perform	any	other	duties	be yond	assisting	the PIC	with	seeing	and	avoiding	other	air	traffic	and	other	groundbased	obstacles/obstructions	and	is	not	permitted	to	operate

the	camera	or	other	instruments.

9. The	operating	documents	and	the	grant	of	exemption	must	be accessible	during	U AS	operations	and	made	available	to	the Administrator	upon	request.	If	a	discrepancy	exists	between the	conditions	and	limitations	contained	in	the	grant	of exemption	and	the	procedures	outlined	in	the	operating documents,	the	conditions	and	limitations	co ntained	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	update or	revise	its	operating	documents.	It	is	the	operator’s responsibilit y	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	extension	or	amendment	to	the grant	of	exemption.	If	the	operator	deter mines	that	any	update or	revision	would	affect	the	basis	upon	which	the	FAA	granted the	exemption,	then	the	operator	must	petition	for	amendment to	its	grant	of	exemption.	The	FAA’s	UAS	Integration	Office (AFS

- 80)	may	be	contacted	if	questions	arise	regard ing 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	f	or	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	properl y	documented	in	the	aircraft	records.

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

12. The	pre

- flight	inspection	must	account	for	all	potential discrepancies,	e.g.	inoperable	components,	items,	or equipment,	not	already	covered	in	the	relevant	sections	of	the operatin g	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	ac cordance	with	the	operating documents.	Maintenance,	inspection,	alterations,	and	status	of replacement/overhaul	component	parts	must	be	noted	in	theaircraft	records,	including	total	time	in	service,	description	of work	accomplished,	and	the	signature	of	t he	authorized	person returning	the	UAS	to	service.

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

16. The	authorized	person	must	make	an	entry	in	the	aircraft record	of	the	corrective	action	taken	against	discrepa ncies discovered	between	inspections.

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

least	a	current	third

- class	medical	certificate.

18. The	operator	may	not	permit	any	PIC	to	operate	unless	the	PIC meets	the	operator’s	qualification	crite ria	and	demonstrates the	ability	to	safely	operate	the	UAS	in	a	manner	consistent with	how	the	UAS	will	be	operated	under	the	exemption, including	evasive	and	emergency	maneuvers	and	maintaining appropriate	distances	from	persons,	vessels,	vehicles	and

str uctures.	PIC	qualification	flight	hours	must	be	logged	in	a manner	consistent	with	14	C.F.R.	§	61.51(b).	Flights	for	the purposes	of	training	the	operator’s	PICs	are	permitted	under the	terms	of	the	exemption.	However,	training	operations	may only	be	condu cted	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	nonparti cipants	in	accordance	with 14	C.F.R.	§ 91.119.

19. UAS	operations	may	not	be	conducted	during	night,	as	defined

in	14 C.F.R.	§	1.1.	All	operations	must	be	conducted	under visual	meteorological	conditions	(VMC).	If	flight	at	night	is required,	a	special	reques t	will	be	made	at	the	FAA	office closest	to	proposed	area	of	operations.	Flights	under	special visual	flight	rules	(SVFR)	are	not	authorized.

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

- publishe d 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	avai lable	to	the	Administrator

upon	request.
21. The	UA may	not	be	operated	less	than	4 00	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	s ignal,	it	must

return	to	a	pre

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

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

documents.

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

re maining.
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	transpo nder	requirements.

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

- Number)	markings	in accordance	with	14	C.F.R.	part	45,	Subpart	C.	M arkings	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	requ irements.

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

o fficial	upon	request.

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

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

device	or	vehicle.

31. Flight	operations	must	be	conducted	at	lea st	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	th e	UA	and/or	debris	in	the	event	of	an accident.	The	operator	must	ensure	thatnonparticipating	persons	remain	under	such protection.	If	a	situation	arises	where nonparticipating	persons	leave	such	protection and	are	within	500	feet	of	the	UA,	flight

operat ions	must	cease	immediately	and/or;

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

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

32. All	operations	shall	be	conduct ed	over	private	or	controlled

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

33. Any	incident,	a ccident,	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	Nati onal	Transportation	Safety	Board	(NTSB) per	instructions	contained	on	the	NTSB	Website: www.ntsb.gov. 2.	Reasons	Why	An	Exemption	From	The	Requirements	Of	Section	61.113(a) And	(b)	Would	Not	Adversely	Affect	Safety.

BALANCED	WINGS submits	that	the	equival ent	level	of	safety	established	by	Section 61.113(a)	and	(b)	will	be	maintained	because	no	PIC	will	be	allowed	to	operate	the DJI	Phantom	3	and	DJI	Inspire	1	UASs	unless	that	PIC	has	demonstrated,	by	meeting minimum	flight

- hour	and	currency	requirements,	t hat	the	PIC	is	able	to	safely operate	the	DJI	Phantom	3	or	DJI	Inspire	1	UAS	in	a	manner	consistent	with	the exemption,	including	evasive	and	emergency	maneuvers	and	maintaining appropriate	distances	from	people,	vessels,	vehicles	and	structures.	Consideri ng BALANCED	WINGS proposed	area	of	operations,	and	the	operating	limitations	set

forth

- above;	the	parallel	nature	of	private	pilot	aeronautical	knowledge requirements	to	those	of	commercial	pilot	requirements	(See	Exemption	No. 11062);	and	the	airmanship	s kills	necessary	to	safely	operate	the	DJI	Phantom	3	or DJI	Inspire	1	UAS, BALANCED	WINGS submits	that	the	additional	manned airmanship	experience	of	a	commercially	certificated	pilot	would	not	correlate	to the	airmanship	skills	necessary	for BALANCED	WINGS 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). BALANCED	WINGS will	not	allow	any	PIC	to	operate	the	DJI	Phantom	3	or DJI	Inspire	1	UAS	unless	that	PIC	has	demonstrated,	by	meeting	minimum	flight

hour	re quirements	or	the	DJI	Phantom	3	or	DJI	Inspire	1	UAS	training	and currency	requirements,	that	the	PIC	is	able	to	safely	operate	the	DJI	Phantom	3	or DJI	Inspire	1	UAS	in	a	manner	consistent	with	this	exemption,	including	evasive	and

emergency	maneuvers	an d	maintaining	appropriate	distances	from	people,	vessels, vehicles	and	structures.	Specifically,	the	PIC	must	have	accumulated	and	logged,	in	a manner	consistent	with	14	C.F.R.	§	61.51(b),	25	hours	of	total	time	as	a	UAS rotorcraft	pilot	(with	a	minimum	of 5	hours	of	those	hours	as	a	UAS	pilot	operating the	same	make	and	model	of	UAS	to	be	used	for	operations	under	the	exemption).	In addition	to	the	hour	requirements,	the	PIC	must	accomplish	3	takeoffs	and	landings in	the	preceding	90	days	(for	currency	pur poses). As	in	Exemption	Nos.	11062, 11138,	and	11153,	prior	documented	flight	experience	that	was	obtained	in compliance	with	applicable	regulations	will	ensure	an	equivalent	level	of	safety during BALANCED	WINGS proposed	operations.	The	Administrator	has held	that prior	documented	flight	experience	that	was	obtained	in	compliance	with	applicable regulations	would	ensure	safe	operations,	stating	as	follows: In	Exemption	No.	11062,	the	FAA	required	that	prior	to	conducting	operations	for the	purpose	of	motio n	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.	Pri or	to	operations	under	Exemption	No.	11062,	the	PIC must	also	have	accumulated	and	logged	a	minimum	of	5	hours	as	a	UAS	pilot operating	the	same	make	and	model	of	UAS	to	be	used	for	operations	under	the exemption.	For	clarification,	the	FAA	considers	these minimum	hour	requirements to	be	inclusive	rather	than	additive;	i.e.	5	hours	make	and	model	time	may	be

included	in	the	10	hours	of	multi

- rotor	time	and	the	10	hours	may	be	included	in	the total	25	hours	of	UAS	rotorcraft	time.	In	addition	to	the	hour	req uirements,	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	skill s 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	flights	the	PIC	is	required	to	operate	the	UA	with	appropriate	distances	in

accordance	with 14	C.F.R	91.119.

Exemption	No.	11138	at	page	15. Accordingly, BALANCED	WINGS will	ensure	safe	operations	by	not	allowing	any	PIC to	operate	the	DJI	Phantom	3	or	DJI	Inspire	1	UAS	unless	that	PIC	has	demonstrated, by	meeting	minimum	flight

- hour	and	curren cy	requirements,	that	the	PIC	is	able	to safely	operate	the	DJI	Phantom	3	or	DJI	Inspire	1	UAS	in	a	manner	consistent	withthe	exemption,	including	evasive	and	emergency	maneuvers	and	maintaining appropriate	distances	from	people,	vessels,	vehicles	and	str uctures.

CONCLUSION

BALANCED	WINGS seeks	an	exemption	pursuant	to	14	C.F.R.	§	11.61	and	Section 333	of	the	FAA	Modernization	and	Reform	Act	of	2012	(FMRA),	which	will	permit safe	operation	of	the	DJI	Phantom	3	and	DJI	Inspire	1	UASs	commercially,	withou t	an airworthiness	certificate,	for	the	limited	purpose	of	conducting	aerial	video	and photography	over	certain	areas	of	the	United	States.	By	granting	this	Petition,	the FAA	Administrator	will	be	fulfilling	the	Congressional	mandate	of	the	FAA

Modernizati on	and	Reform	Act	of	2012,	while	also	advancing	the	interests	of	the public,	by	allowing BALANCED	WINGS to	safely,	efficiently,	and	economically operate	the	DJI	Phantom	3	and	DJI	Inspire	1	UASs	commercially	within	the	NAS. WHEREFORE,	in	accordance	with	the Federal	Aviation	Regulations	and	the	FAA Modernization	and	Reform	Act	of	2012,	Section	333, BALANCED	WINGS respectfully requests	that	the	Administrator	grant	this	Petition	for	an	exemption	from	the requirements	of	14	C.F.R	Sections	61.113(a)	&	(b),	91.7(a ),	91.121,	91.151(b), 91.405(a),	91.407(a)(1),	91.409(a)(1)	&	(a)(2),	and	91.417(a)	&	(b),	and	permit

BALANCED	WINGS to	operate	the	DJI	Phantom	3	and	DJI	Inspire	1	UASs commercially	for	the	purpose	of	conducting	aerial	video	and	photography	over

certain	ar eas	of	the	United	States.

Dated:	March	5 ,	2016

Submitted	by:

ALEXANDER	BRYAN	dba.	BALANCED	WINGSAPPENDIX

– A

DJI	PHANTOM	3	TECHNICAL	SPECIFICATIONS

BALANCED	WINGS only	utilizes	safe	and	reliable	UASs.	DJI	is	an	industry	leader	in small	UAS	production.	DJI	UASs	are	loaded	with	ground	breaking	software	enabling the	user	to	set	parameters	which	will	not	allow	flight	into	controlled	airspace. Parameters	can	also	be	set	to	limit	flight	to	no	higher	than	a	predetermined	and	set

altitude as	well	as	limit	flight	to	a	predetermined	and	set	distance.	In	addition,	DJI software	provides	real

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

DJI	Phantom	3

1.1	Aircraft 1.1.1	Supported	Battery

– DJI	6000AH	LiPo	Battery 1.1.2	Weight	(Battery	&	Propellers	Included)

– 2lbs	11.810oz	(1242g)	1.1.3	Hover Accuracy	(Ready	to	Fly)

– Vertical:	.8m;	Horizontal:	2.5m	1.1.4	Max	Yaw	Angular Velocity

- 200/s 1.1.5	Max	Tilt	Angel

- 35	1.1.1.6	Max	Ascent	Speed

– 6m/s 1.1.6	Max	Descent	Speed

– 2m/s 1.1.7	Max	Flight	Speed

– 15m/s	(NOT	RECOMMENDED)

1.2	Gimbal 1.2.1Working	Current

– Static:	750mA;	Dynamic:	900mA 1.2.2	Control	Accuracy

- ±0.03 1.2.3	Controllable	Range

– Pitch:

- 90

- 0 1.2.4	Maximum	Angular	Speed

– Pit ch:	90/s

1.3	Camera 1.3.1Operating	Temperature	Range

- 32F

- 104F	(0C

- 40C)

1.3.2	Sensor	Size

– 1/2.3”

1.3.3	Effective	Pixels

– 14M

1.3.4	Resolution

– 4384x3288 1.3.5	HD	Video	Recording

– 1080p30	&	720p 1.3.6	Recording	Field	of	View

- 110/85APPENDIX

– B

DJI	INSPIRE	1	TECHNICAL	SPECIFICATIONS

BALANCED	WINGS only	utilizes	safe	and	reliable	UASs.	DJI	is	an	industry	leader	in small	UAS	production.	DJI	UASs	are	loaded	with	ground	breaking	software	enabling the	user	to	set	parameters	which	will	n ot	allow	flight	into	controlled	airspace. Parameters	can	also	be	set	to	limit	flight	to	no	higher	than	a	predetermined	and	set altitude	as	well	as	limit	flight	to	a	predetermined	and	set	distance.	In	addition,	DJI software	provides	real

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

DJI	Inspire	1

1.1	Aircraft

1.1.1	Model

– T600 1.1.2	Weight	(Battery	Included)

– 6lbs	7.5291oz	(2935g) 1.1.3	Hovering	Accuracy	(GPS	Mode)

– Vertical:	0.5m;	Horizontal:	2.5m 1.1.4	Max	Angular	Velocity

– Pitch:	300 /s;	Yaw:	150 /s 1.1.5	Max	Tilt	Angle

- 35 1.1.6	Max	Ascent	Speed

– 5m/s 1.1.7	Max	Descent	Speed

– 4m/s 1.1.8	Max	Speed

– 22m/s	(ATTI	mode,	no	wind

– NOT	RECOMMENDED)	1.1.9	Max Flight	Altitude

– 4500m

1.1.10	Max	W ind	Resistance

– 10m/s 1.1.11	Max	Flight	Time

– Approximately	18	minutes

1.1.12	Motor	Model

– DJI	3510 1.1.13	Propeller	Model

– DJI	1345 1.1.14	Operating	Temperature	Range

– 14 F	to	104 F	(

- 10 C	to	40 C)	1.1.15

Dimensions

– 17	1⁄4”	x	17	3⁄4”	x	12”

1.2	Gimbal

1.2.1	Model

– ZENMUSE	X3 1.2.2	Output	Power	(with	camera)

– Static:	9W;	In	Motion:	11W	1.2.3	Operating

Current

– Static:	750mA;	In	Motion:	900mA 1.2.4	Angular	Vibration	Range

- ±0.03 1.2.5	Mountin g

– Detachable 1.2.6	Controllable	Range

– Pitch:

- 90 to	+30 ;	Pan:	±320 1.2.7	Mechanical	Range

– Pitch:

- 125 to	45 ;	Pan:	±330 1.2.8	Max	Controllable	Speed

– Pitch:	120 /s;	Pan:	180 /s	1.3	Transmitter

1.3.1	Name

– C1 1.3.2	Operating	Frequency

– 5.728

- 5.8 50GHz;	2.400

- 2.483GHz	1.3.3	Communicating Distance	(unobstructed)

– 2000m 1.3.4	Output	Power

– 9W 1.3.5	Operating	Temperature	Range

- 14 F	to	104 F	(

- 10 C	to	40 C)	1.3.6	Battery

– 600mAh	LiPo	2S All	specifications	can	be	found	in	the	attached	user	manua l	or	at http://www.dji.com/product/inspire

- 1/spec