Octob er 29 , 2015

US Department of Transportation, Docket Operations West Building Ground Floor, Room W12

- 140 1200 New Jersey Avenue, SE Washington, DC 20590

Attention: FAA Administrator RE: ALL FLIGHT UAV REQUEST AN EXEMPTION FROM THE REQUIREMENTS OF TITLE 14 OF THE CODE OF FEDERAL REGULATIONS SECTIONS 61.113(a) & (b), 91.7(a), 91.119, 91.121, 91.151( a ), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b) CONCERNING COMMERCIAL OPERATION OF DJI P HANTOM 3, DJI INSPIRE 1 AND DJI S 900 UNMANNED AIRCRAFT SY STEMS PURSUANT TO SECTION 333 Of THE FAA MODERNIZATION AND REFORM ACT OF 2012

Leonard F. Kardelis III Owner/CEO All Flight UAV , LLC 10514 Wildflower r d. Orland Park, IL 60462 (812) 219

- 2371 lkardelis@allflightuav.com

### SUMMARY

All Flight UAV seeks exem ption from the requirements of FAA Reform Act and part 11 of the Federal Aviation Regulations form 14 C.F.R part 21; 61.113(a) & (b), 91.7(a), 91.119, 91.121, 91.151( a ), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b), to operate an Unm anned Aircraft System ( DJI Phantom 3, DJI Inspire 1 and DJI S 900 ) pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (FMRA). This exem ption will permit All Flight UAV to operate an Un manned Aircraft System (UAS) for the commercial purpose of conducting aerial photography and cinematography of Construction sites, Residential and Commercial Real Estate, Land Management/Surveying and Events over certain areas of the United States.



### INTRODUCTION AND INTERESTS All Flight UAV consist of industry leaders in the UAV community that have proven them selves to be able to safely operate multiple types of UA S s (DJI Phantom 3, DJI Inspire 1 and DJI S 900 ). All Fight UAV if granted 333 exem

ption, will provide a variety of governmental, commercial, public and private clients a safe and exciting ability to view their projects in a new way while operating within strict local and governm ental laws. All Flight UAV will be targeting projects in

 Real

- Estate Marketing

 Appraisals

 Special Event Coverage

 Land Management/Surveying All UAS flights will occur over private or controlled access property and will do so with the property owner's consent and knowledge and that only people who have consented or otherwise have agreed to be within the UAS’ radius during filming and photography applications.

### BACKGROUND

Unm anned Aircraft Systems: DJI Phantom 3 , DJI Inspire 1 & DJI S 900 ALL FLIGHT UAV seeks an exem ption to operate DJI systems for
com pensation or hire wi thin the NAS. The DJI Phantom 3, DJI Inspire 1 and DJI S 900 are vertical takeoff and landing (VTOL) Unmanned Aircraft (UA) with a Ground Control Station (GCS) utilizing electronic tablet or s mart phone system s . The DJI Phantom 3, DJI Inspire 1 and DJI S 900 have a built

- in stabilized HD camera and GPS safety features which limit its ability to the height it flies above ground level (AGL), to limit the radius of the distance they fly from the operator and to exclude it from operations within designated Class B , C and D airspace including
a no
- fly zone feature. The DJI Phantom 3, DJI Inspire 1 and DJI S 900 also have a failsafe function that is triggered in the event communication is lost between the UAS and the main controller trans mitter. At that time, the UAS will return to its point of takeoff and land safety. If the connection is restored, the PIC can regain control of flight and land
manually. The DJI Phantom 3, DJI Inspire 1 and DJI S 900 UAs are equipped with four main rotors; driven by Lithium Polymer batt ery powered electric motors. The DJI Phantom 3, DJI Inspire 1 and DJI S 900 that will be operated by All Flight UAV 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

.

**UNMANNED AIRCRAFT LEVEL OF SAFETY** All Flight UAV will only operate its UAS in line

- of

- sight of a pilot and/or observer and will operate at sites that are `sufficient distance' from populated areas within the area described in the FOPM. Such operations wil l ensure that the UAS will "not create a hazard to users of the national airspace system or the public.”1. The sUAS will be programmed so it will not be operated at an

altitude that exceeds 4 00 feet AGL

. 2. Minimum crew for each operation will consist of the sUAS Pilot/”Operator”, and a Visual Observer.
3. The UAS PIC will be an FAA licensed airman holding a minim um of a Private Pilot certificate and a current FAA medical certificate.
4. The UAS operated by the petitioner weighs less than 55 pounds, including all payload (i.e. camera, lens, and stabilized gimbal).
5. The UAS will operate at speeds of no more than 50 knots, can hover, and can simultaneously move vertically and horizontally.
6. Flights will be operated within visual line of sight (VLOS) of a Pilot/”Operato r” and/or observer.
7. Pilot/“operator” and observer will at all times be able to communicate by voice, radio, and/or text.
8. The UAS will have the capability to abort a flight in case of unpredicted obstacles, weather, or emergencies.
9. A briefing will be conducted in regard to the planned sUAS operations prior to each flight activity. It will be mandatory that all personnel involved with the operational duties of the flight be present for this briefing.

**BASIS FOR PETITION**
Petitioner, All Flight UAV, pursuant to the provisions of the Federal Aviation Regulations (14 C.F.R. § 11.61) and the FAA Modernizationand 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 and DJI S 900 , UAS s in the National Airspace System (NAS), and for an exemption from the requirements of 14 C.F.R part 21; 61.113(a) & (b), 9 1.7(a), 91.119, 91.121 , 91.151(a ), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b). In consideration of the speed, weight, size, and limited operating area associated with the unmanned aircraft and its operation, All Flight UAV operation of DJI Phantom 3, DJ I Inspire 1 and DJI S 900 UAS s m eets 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, All Flight UAV requests relief from Sections 91.405(a), 91.40 7(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. All Flight UAV submits that the requested relief is proper since an equivalent lev el of safety will be ensured. All Flight UAV will use experienced personnel or technicians to perform maintenance, alterations, or pr eventive maintenance on the UAS s using the methods, techniques, and practices prescribed in the operating documents (i.e., Monthly Maintenance Log, and DJI Phantom 3, DJI Inspire 1 and DJI S 900 Instruction Manual). Furthermore, All Flight UAV will document and maintain all maintenance records for the DJI Phantom 3, DJI Inspire 1 and DJI S 900 UAS s. Relief from certain requirem ents of Section 61.113(a) and (b), entitled Private pilot privileges and limitations: Pilot in command, is requested by All Flight UAV 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 mini mu m flight

- hour and currency requirements, that the PIC is able tosafely operate the DJI Phantom 3, DJI Inspire 1 and DJI S 900 UAS in a

manner consistent with this exemption, including evasive and
em ergency maneuvers and maintaining appropriate distances from people, vessels, vehicle s and structures. All Flight UAV seeks relief from Section 91.7(a), entitled Civil aircraft airworthiness, because the DJI Phantom 3, DJI Inspire 1 and DJI S 900 UAS s do not require an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H. As such, All Flight UAV submits that they will ensure that the DJI Phantom 3, DJI Inspire 1 and DJI S 900 UAS are in an airworthy condition, prior to every flig ht, by determining that the UAS s are in co mp liance with the operating documents (i.e., Monthl y Maintenance Log, and DJI Phantom 3, DJI Inspire 1 and DJI S 900 Instruction Manual), and that the aircraft are in a condition for safe flight.

All Flight UAV also seeks an exemption from the requirements of Section 91.121, entitled Altimeter Settings , as the DJI Phantom 3, DJI Inspire 1 and DJI S 900 UA s will not have a typical barometric altimeter onboard. However, altitude information of the DJI Phantom 3, DJI Inspire 1 and DJI S 900 UAs will be provided to the PIC via Global Positioning System (GPS) equipment and radio communications telemetry data link, which downlinks from the UA to the GCS for active monitoring of the flight path. This altitude information, com bined with All Flight UAV operation of the DJI Phantom 3, DJI Inspire 1 and DJI S 900 UAS’ s 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, All Flight UAV seeks an exem ption from the requirem ents of Section 91.151(a ), entitled Fuel requirements for flight in VFR
c onditions. All Flight UAV submits that safety will not be affected by operation of the DJI Phantom 3, DJI Inspire 1 and DJI S 900 UAs during daylight hours in visual meteorological conditions (VMC) under visual flight rules (VFR), with enough battery power to fly for a total durationof approximately 23 minutes for DJI Phantom 3, 18 minutes for DJI Inspire 1 and 18 minutes for the DJI S 900 . Battery power indicators are also able to show exactly how much battery power is left, as well as how
mu ch time i s needed to return safely back to point of take off. In accordance with 14 C.F.R. § 11.81, All Flight UAV provides the following information in support of its petition for exemption:

**A. Nam**  **e a nd Address O**  **f The Petitioner**
Leonard F. Kardelis III Own er/CEO All Flight UAV , LLC 10514 Wildflower r d. Orland Park, IL 60462 (812) 219

- 2371 lkardelis@allflightuav.com

**B. The Specific Sections o**  **f 14 C.F.R. From Which All Flight UAV Seeks Exemption.** 

**1. All**  **Flight UAV Seeks Exemption F rom** **The Requirements Of Section 61.113(a) And (b).**  Section 61.113, entitled Private pil ot privileges and limitations: Pilot in command, subsections (a) and (b) prescribe the following, in relevant part:
a) No person who holds a private pilot certificate may act as a pilot in command (PIC) of an aircraft that is carrying passengers orproperty for compensation or hire; nor may that person, for

com pensation or hire, act as PIC of an aircraft. b) A private pilo t may, for compensation or hire, act as PIC of an aircraft in connection with any business or employment if

— 1) The flight is only incidental to that business or employment; and
2) The aircraft does not carry passengers or property for
com pensation or hire.
2. **All Flight UAV 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. All Flight UAV Seeks Exemption From The Requirements Of Section 91.119.**  Section 91.119, entitled Minimum Safe Altitudes Except when necessary for takeoff or landing, no person may operate an aircraft below the following altitudes: (c) Over o ther than congested areas. An altitude of 500 feet above the surface, except over open water or sparsely populated areas. In those cases, the aircraft may not be operated closer than 500 feet to any person, vessel, vehicle, or structure.

**4 . All Flight UA** **V Seeks Exemption From The Requirements Of Section 91.121.**  Section 91.121, entitled Altimeter settings , subsection (a), states the following, in part:A. Each person operating an aircraft shall maintain the cruising altitude

or flight level of that aircraft, as the case may be, by reference to an altimeter that is set, when operating

— 1) Below 18,000 feet MSL, to

-- 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;

III. In the case of an aircraft not equipped with a radio, the elevation of the departure airport or an appropriate a ltim eter setting available before departure.
**5 . All Flight UAV Seeks Exemption From The**  **Requirements Of Section 91.151(a**  **) & (b)** 

**.** Section 91.151, entitled Fuel requirements for flight in VFR conditions , subsection (a ), states the following: (a) No person may begin a flight in a rotorcraft under VFR conditions unless (considering wind and forecast weather conditions) there is enough fuel to fly to the first point of intended landing and, assuming normal cruising speed, to fly after that for at lea st 30 minutes. (b) No person may begin a flight in a rotorcraft under VFR conditions unless (considering wind and forecast weather conditions) there is enough fuel to fly to the first point of intended landing and, assuming normal cruising speed, to fly after that for at least 20 minutes.

**6 . All Flight UAV Seeks Exemption From The Requirement Of**  **Section 91.405(a).**Section 91.405, entitled Maintenance required, subsection (a), states the

following: Each owner or operator of an aircraft

— (a) Shall have that aircraft 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[.]
**7 . All Flig**  **ht UAV Seeks Exemption From The Requirements Of Section 91.407(a)(1)**  Section 91.407, entitled Operation after maintenance, preventive maintenance, rebuilding, or alteration, subsection (a)(1), states the following: (a) No person may operate any aircraft that has undergone maintenance, preventive maintenance, rebuilding, or alteration unless

-- (1) It has been approved for return to service by a person authorized under § 43.7 of this chapter[.]
**8 . All Flight UAV Seeks Exemption From The Requirements Of**  **Se ctions 91.409(a)(1) And 91.409(a)(2).**  Section 91.409, entitled Inspections, subsection (a), states the following: (a) Except as provided in paragraph (c) of this section, no person may operate an aircraft unless, within the preceding 12 calendar months, it has had

-- **(1)** An annual inspection in accordance with part 43 of this chapter and has been approved for return to service by a person authorized by § 43.7 of this chapter; or **(2)** An inspection for the issuance of an airworthiness certificate in accordance with part 21 of this chapter.
**9 . All Flight UAV Seeks Exemption From The Requirements Of**  **Sections 91.417(a) A nd 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: Records of the maintenance, preventive maintenance, and alteration and records of the 100

- hour, annual, progressive, and other required or approv ed inspections, as appropriate, for each aircraft (including the airframe) and each engine, propeller, rotor, and appliance of an aircraft. The records must include

— i. A description (or reference to data acceptable to the Adm inistrator) of the work perf orm ed; and

ii. The date of completion of the work performed; and
iii. The signature, and certificate number of the person approving the aircraft for return to service.

2. Records containing the following information:
i. The total ti me in service of the airframe, each engine, each propeller, and each rotor. ii. The current status of life

- limited parts of each airframe, engine, propeller, rotor, and appliance. iii. The time since last overhaul of all items installed on the aircr aft which are required to be overhauled on a specified time basis. iv. The current inspection status of the aircraft, including the time since the last inspection required by the inspection program under which the aircraft and its appliances are
ma intained.
v. The current status of applicable airworthiness directives (AD) and safety directives including, for each, the method ofcom pliance, the AD or safety directive num ber and revision date. If the AD or safety directive involves recurring action, the time and date when the next action is required. vi. Copies of the forms prescribed by § 43.9(d) of this chapter for each major alteration to the airframe and currently installed engines, rotors, propellers, and appliances.
b. The owner or operator shall retain th e following records for the periods prescribed:
i. The records specified 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 perform ed. ii. The records specified in para graph (a)(2) of this section shall be retained and transferred with the aircraft at the time the aircraft is sold. iii. A list of defects furnished to a registered owner or operator under § 43.11 of this chapter shall be retained until the defects are repai red and the aircraft is approved for return to service.

**C. The Extent Of Relief All Flight UAV Seeks And The Reason The All Flight UAV Seeks The Relief.**  **1. Extent Of Relief All Flight UAV Seeks And The Reason All Flight UAV 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 neces sary 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 proposedUAS flight operations for com pensatio n 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 co mp ensation or hire, act as PIC of an aircraft in connection with any business or employment if: (1) The flight is only i ncidental 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, All Flight UAV submits that an equivalent level of safety will be maintained because no PIC will be allowed to operate the DJI Phantom 3, DJI Inspire 1 or DJI S 900 UAS unless that PIC has met certain flight

- hour and currency requirements, demonstrating that the PIC is able to safely operate either the DJI Phantom 3, DJI Inspire 1 or DJI S 900 UAS in a manner consistent with the operations specifications as described in this exem ption, including evasive and emergency maneuvers, as well as maintaining appropriate distances from people, vessels, vehicles and structures. Further, All Flight UAV submits that all flights of the DJI Phantom 3, DJI Inspire 1 and DJI S 900 UAS, conducted by the PIC pursuant to the grant of this Petition: (1) will be incidental to All Flight UAV s business; and (2) will not carry passengers or property for com pensation or hire. **2. Extent Of Relief All Flight UAV Seeks And The Reason All Flight UAV 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 All Flight UAV to determine that the DJI Phantom 3, DJI Inspire 1 and DJI S 900 UASs are in airworthy condition prior to every flight by ensuring that the UAS is in
com pliance with the operating documents (i.e., All Flight UAV Aerial Operations Manual, Monthly Maintenance Log, and DJI Phantom 3, DJI Inspire 1 and DJI S 900 Instruction Manual). All Flight UAV seeks the requested relief because the DJI Phantom 3, DJI Inspire 1 and DJI S 900 UASs do not require an ai rworthinesscertificate in accordance with 14 C.F.R. Part 21, Subpart H. Therefore,

All Flight UAV will ensure that the DJI Phantom 3, DJI Inspire 1 and DJI S 900 UASs are in airworthy condition based upon its compliance with the operating docum ents (i.e., Monthly Maintenance Log, and DJI Phantom 3, DJI Inspire 1 and DJI S 900 ) prior to every flight, and further, determine that the aircraft are in condition for safe flight, as stated in the conditions and limitations below. **3. Extent Of Relief All Flight UAV Seeks And The Reason All Flight UAV Seeks Relief From Section 91.19.**  This regulation requires all operation to remain no closer than 500 feet from persons, vessels, vehicles, and structures. All Flight UAV requires relie f from § 91.119(c) is because all operations will be conducted at or below 5 00 feet AGL and may be operated closer than 500 feet from persons, vessels, vehicles, and structures. **4. Extent Of Relief All Flight UAV Seeks And The Reason All Flight UAV 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, DJI Inspire 1 and DJI S 900 UASs, which utilize a barometric pressure sensor, GPS equipment, and a radio communications telemetry data link to downlink altitude information from the UA to the PIC at the ground control station (GCS). Since the FAA requires that any altitude information concerning UAS operations be reported to air traffic control (ATC) in feet above ground level (AGL), All Flight UAV seeks the requested relief because the DJI Phantom 3, DJI Inspire 1 and DJI S 900 UA’s alti meter 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 nece ssary to co mply with the applicable conditions and limitations stated below. As more fully set forth herein, an equivalent level of safety will be maintained since theDJI Phantom 3, DJI Inspire 1 and DJI S 900 UASs are equipped with a

barometric pressure s ensor and GPS equipm ent, 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. **5. Extent Of Relief All Flight UAV Seeks And The Reason All Flight**  **UAV Se eks Relief From Section 91.151(a**  **) & (b)** 

**.** The regulation provides that no person may begin a flight in an airplane under day

- VFR conditions unless there is enough fuel to fly to the first point of intended landing and to fly after that for at least 30 minutes. We feel the intention of this paragraph is to provid e an energy reserve as a safety buffer for delays to landing. The sUAS are battery operated and the maxi mu m duration of flight from a single battery charge is 12

- 45 (depending on which sUAS) minutes with a 25 % reserve. Since the aircraft will never fly more than 1/2 NM from the point of intended landing, a full battery charge at launch will ensure that we meet the reserve energy requirement of this paragraph. We request an exemption to the word "fuel" and ask for an equivalent interpretation with the word "energy". We also request exempti on from the 30 min reserve and ask that our reserve will be to fly the mission to the point of intende d landing and have at least a 25 % battery reserve after that. **6. Extent Of Relief All Flight UAV Seeks And The Reason All Flight UAV Seeks Relief From Se**  **ctions 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, All Flight UAV requests relief from th ese Sections because the DJI Phantom 3, DJI Inspire 1 and DJI S 900 UASs do not require airworthiness certificates. As set forth more fully below, the DJI Phantom 3, DJI Inspire 1 and DJI S 900 UASs meet the conditions of FMRA Section 333 for operation witho ut an airworthiness certificate. Accordingly, All Flight UAV will use trained technicians to performma intenance, alterations, or preventive maintenance on the UASs using

the methods, techniques, and practices prescribed in the UAS operating docum ents (i.e ., the All Flight UAV Aerial Operations Manual, Monthly Maintenance Log, and DJI Phantom 3, DJI Inspire 1 and DJI S 900 Instruction Manual). Furthermore, All Flight UAV will document and
ma intain all maintenance records for the DJI Phantom 3, DJI Inspire 1 and DJI S 900 UASs. **D. The Reasons Why Granting All Flight UAV 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 All Flight UAV to safe ly, efficiently, and economically perform aerial photography and cinematography of Construction sites, Residential and Commercial Real Estate, Land Management/Surveying and Events

. Additionally, use of the DJI Phantom 3, DJI Inspire 1 and DJI S 900 UASs wi ll decrease congestion of the NAS, reduce pollution, and provide significant benefits to the economy. Notably, the benefits of All Flight UAV’s proposed operation of the DJI Phantom 3, DJI Inspire 1 and DJI S9 00 UASs will be realized without im plicating any privacy issues. **1. The Public Will Benefit From Decreased Congestion Of The NAS.**
The DJI Phantom 3, DJI Inspire 1 and DJI S 900 UAS are battery powered and serve as a safe, efficient, and economical alternati ve to the
manned aircraft traditionally utilized to obtain aerial imagery. By reducing the amount of manned aircraft needed to perform aerial acquisitions, an exemption allowing the use of a DJI Phantom 3, DJI Inspire 1 and DJI S 900 UAS would reduce the am ount 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 num ber of manned aircraft operating in the NAS, congestion around airports c aused by arriving and departingaircraft will be reduced. The DJI Phantom 3, DJI Inspire 1 and DJI S 900 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 Pha**  **ntom 3, DJI Inspire 1 and DJI S 900**  **UASs.** Conducting aerial acquisitions with the DJI Phantom 3, DJI Inspire 1 and DJI S 900 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, DJI Inspire 1 and DJI S 900 UASs produce no air pollution, and are the most viable environmentally conscious alternative to the cabin class, six cylinder internal combustion engine aircraft that are typically utilized for aerial video and photography, while burning approximately 20

- 30 gallons per hour of leaded aviation fuel. The DJI Phantom 3, DJI Inspire 1 and DJI S 900 UASs, while reducing the carbon footprint of aerial acquisitions, also elimin ates noise pollution, as the UAs are propel led by battery powered electric motors, rather than an internal com bustion engine. By using the DJI Phantom 3, DJI Inspire 1 and DJI S 900 UASs to perform aerial acquisitions, the substantial risk to life and property in the air and on the ground, which is usually associated with traditional
manned aircraft flight operations, will be substantially reduced or
com pletely eliminated. Aside from the lack of flight crew members located onboard the aircraft, the DJI Phantom 3, DJI Inspire 1 and DJI S 900 UASs (weighing approximately 2 pounds 8 ounces, 6 pounds 5
ounces and 7 pounds 4 ounces respectively, at their maxim um gross weights wi th lengths of 23 inches, 17.8 inches and 18.1 inches respe ctively, widths of 23 inches, 17 .3 inches and 17.7 inches respectively, and with no fuel on board), has less physical potential forcollateral damage to life and property on the ground, and in the air,

com pare d to the manned aircraft that typically conduct similar operations (weighing approximately 6,000 pounds with a wingspan of approximately 42 feet, a length of 34 feet, and a fuel capacity of 180 gallons). **3. Performing Aerial Video and Photography Operatio ns With The**  **DJI Pha ntom 3, DJI Inspire 1 and DJI S**  **900 UASs Will Benefit The**  **Econom y.**  In addition to being safe and efficient, the DJI Phantom 3, DJI Inspire 1 and DJI S 900 UASs are also an economical alternative to using manned aircraft to conduct similar aerial operations. As such, operation of the DJI Phantom 3, DJI Inspire 1 and DJI S 900 UASs will allow United States based small businesses, like All Flight UAV, to remain
com petitive and contribute to growth of the U.S. economy. 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 co mp anies must adop t new and alternative technology in order to remain competitive. Operating the battery powered DJI Phantom 3, DJI Inspire 1 and DJI S 900 UASs is one such technology that not only allows co mp anies greater operational flexibility
com pared to manned aircraft, but provides such flexibility without the high operational cost of a traditional manned aircraft. By operating the DJI Phantom 3, DJI Inspire 1 and DJI S 900 UASs,
sm all businesses such as All Flight UAV, can remain competitive and profitable, and therefo re, provide greater job stability to employees and contractors, which will ultimately contribute to growth of the U.S. economy. Im

proved financial performance of U.S. companies, through commercial use of the DJI Phantom 3, DJI Inspire 1 and DJI S 900 UASs, provides a stable workforce that increases consumer spending; im proves local, state, and federal tax revenues; and allows companies to invest in research and development in order to remain com petitive both in the United States and abroad.**4. There Are No Privacy Issues.** 

Similar to the manned aerial acquisition flight operations that have been conducted for decades, All Flight UAV’s proposed operation of the DJI Phantom 3, DJI Inspire 1 and DJI S 900 UASs will not implicate any privacy issues. Specifically, the DJI Phantom 3, DJI Inspire 1 and DJI S 900 UASs will be operated only in com pliance with operating docum ents (i.e., All Flight UAV Aerial Operations Manual, Monthly Maintenance Log, and DJI Phantom 3, DJI Inspire 1 and DJI S 900 Instruction Manual) which requires property owner involvement as well as local law enforcement notification, and in accordance with the Federal Aviation Regulations, including the minimu m altitude requirements of 14 C.F.R. § 91.119. **E. The Reasons Why Gr anting t**  **he Exemption Would Not Adversely Affect Safety, Or How The Exem**  **ption Would Provide A Level Of Safety At Least Equal To That Provided By The Rule From Which**  **All Flight UAV Seeks Exemption. 1. Reasons Why The**  **DJI Pha ntom 3, DJI Inspire 1 and DJI**  **S 900**  **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 operating area associated with the unmanned aircraft and its operation, All Flight UAV’s operation of the DJI Phantom 3, DJI Inspire 1 and DJI S 900 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 airw orthiness certification and sets forth requirements for considering whether a UAS will create a hazard to users of the NAS or the public, or otherwise pose a threat to national security. Specifically, FMRA Section 333 states the following, in part:

A. In General.

--Notwithstanding any other requirement of this subtitle,and not later than 180 days after the date of enactment of this Act,

the Secretary of Transportation shall determine if certain unmanned aircraft systems may operate safely in the nationa l airspace system before completion of the plan and rulemaking required by section 332 of this Act or the guidance required by section 334 of this Act.

B. Assessment of Unmanned Aircraft Systems.

--In making the determination under subsection (a), the Secreta ry 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 airspac e system or the public or pose a threat to national security; and (2 ) whether a certificate of waiver, certificate of authorization, or airworthiness certification under section 44704 of title 49, United States Code, is required for the operation of unmanned aircraft systems identified under paragraph (1). (c) Requirements for Safe Operation.

--If the Secretary determines under this section that certain unmanned aircraft systems may operate safely in the 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, All Flight UAV submits that the DJI Phantom 3, DJI Inspire 1 and DJI S 900 UASs can operate safely in the NAS pursuant to FMRA Section 333, as demonstrated by: (a) the characteristics of the DJI Phantom 3, DJI Inspire 1 and DJI S 900 UASs; (b) the pilot certification requirement; and (c) the specific operating limitations.

**a. The**  **Specifications Of The DJI Pha**  **ntom 3, DJI Inspire 1 and DJI**  **S 900**  **UAS Demonstrate Its Safe Characteristics.** The DJI Phantom 3, DJI Inspire 1 and DJI S 900 UAS does not create a hazard to users of theNAS or the public, or otherwise pose a threat to national security

considering its size, weight, speed, and operational capability.
i. **Technical Specifications Of The DJI Pha**  **ntom 3, DJI Inspire 1 and DJI S**  **900 UASs.**  The DJI Phantom 3, DJI Inspire 1 and DJI S 900 Specifications and Data Sheet, attached hereto as Appendix A, B and C set the technical specifications of the DJI Phantom 3, DJI Inspire 1 and DJI S 900 UASs

. ii. **The DJI Phantom** **3, DJI Inspire 1 and DJI S**  **900 UASs Global**  **Po sitioning Modes Enable The**  **UAS t o Remain Within A Defined**  **Operational Area.** The DJI Phantom 3, DJI Inspire 1 and DJI S 900 UASs may be operated in both manual and global positioning flight modes. A com plete description of the flight and navigational modes of the DJI Phantom 3 and D JI 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 Manua ls, attached hereto as Exhibit A, B and C

. iii. **The DJI Phantom** **3, DJI Inspire 1 and DJI S**  **900 UASs Are**  **Designed For Autom atic 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, DJI Inspire 1 and DJI S 900 UA s will remain stationary, in flight, for 3 seconds or more . If, after 3 seconds, the DJI Phantom 3, DJI Inspire 1 and DJI S 900 UA s do not reacquire control link data from the GCS, the UA s will assume that the Control Link is lost and the will return to the home position (i.e., failsafe mode) via GPS, and will des cend to the takeoff position and shutdown. A com

plete description of the Failsafe Functions of the DJI Phantom 3 UAS are set forth at pages 27 through 29 and for the DJI Inspire 1 at pages 13 through 15 and for the DJI S 900 at pages 17 through 19 User Manu als, attached hereto as Appendix A, B and C

. iv. **The DJI Pha**  **ntom 3, DJI Inspire 1 and DJI S**  **900 GCS And Its** **Operation.**

A complete description of the operation and specifications of the DJI Phantom 3, DJI Inspire 1 and DJI S 900 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 Us er Manual. DJI Phantom 3, DJI Inspire 1 and DJI S900 User Manuals are attached hereto as Exhibits A, B and C

. b. **Flight Operations Of DJI Pha**  **ntom 3, DJI Inspire 1 and DJI S 900**  **UAS Is Limited To The Line Of Sight Of A Certificated Pilot in Command With A Safety Observer.**  All Flight UAV 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, DJI Inspire 1 and DJI S 900 UASs. Additionally, a safety observer will assist all pilots during flight time.

c. **Flights Of DJI Phantom 3, DJI Inspire 1 and DJI S**  **900 UASs Will**  **Be Conducted Pursuant To Specific Operating Limitations.** In seeking this exemption, All Flight UAV proposes to commercially operate DJI Phantom 3, DJI Inspire 1 and DJI S 900 UASs for the special purpose of conducting aerial video and photography over certain areas of United States, pursuant to the following specific operating limitations.

1. Operations authorized by this grant of exem ption will be limited to the following aircraft described in the operating documents, rotorcraft UASs weighing less than 55 pounds maxim um gross weight: DJI Phantom 3, DJI Inspire 1 and DJI S 900 Unmanned Aircraft Syste ms. 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 no t be flown at an indicated airspeed exceeding 20knots.

4. The UA 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 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 s ight (VLOS) of the PIC at all ti mes. This requires the PIC to be able to use human vision unaided by any device other than corrective lenses, as specified on the PIC’s FAA

- issued airman medical certificate.

6. The use of first person view (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
ma intains VLOS capability. The SO and PIC must be able to communicate verbally at all times. Electronic messaging or texting is not permitted during flight operations. The PIC must be designated before the flight and cannot transfer his or her designation for the duration of the flight. The PIC must ensure that the SO can perform the functi ons prescribed in the operating docum ents.

8. The SO must not perform any other duties beyond assisting the PIC with seeing and avoiding other air traffic and other ground based obstacles/obstructions and is not permitted to operate the camera or other instr

um ents.

9. The operating documents and the grant of exem ption must be accessible during UAS operations and made available to the Adm inistrator upon request. If a discrepancy exists between the conditions and limitations contained in the grant of exemption an d the procedures outlined in the operating documents, the conditions and limitations contained in the grant of exem ption take precedenceand m

ust be followed. Otherwise, the operator m ust follow the procedures as outlined in its operating documents. The op erator may update or revise its operating documents. It is the operator’s responsibility to track such revisions and present updated and revised docum ents to the Administrator upon request. The operator must also present updated and revised docum ents if it petitions for extension or amendment to the grant of exem ption. If the operator determines that any update or revision would affect the basis upon which the FAA granted the exemption, then the operator must petition for amendment to its grant of exemption . The FAA’s UAS Integration Office (AFS

- 80) m ay 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 condition for safe flight. If the inspec tion 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 m ust be included in the preflight inspection. All maintenance and alterations must be properly documented in the aircraft records.

11. Any UAS that has undergone m aintenance or alterations that affect the UAS operation or flight characteristics, e.g. replacement of a flight critical component, m ust undergo a functional test flight. The PIC who conducts the functional test flight m ust m ake an entry in the aircraft records.

12. The pre

- flight inspection must account for all potential discrepancies, e.g. inoperable com ponents, items, or equipm ent, not already covered in the relevant sections of the operating docum ents.

13. The operator must follow the UAS manufacturer’s aircraft/component, maintenance, overhaul, replacement, inspection, and life limit requirements.14. The operato r must carry out its maintenance, inspections, and record

keeping requirements, in accordance with the operating documents. Maintenance, inspection, alterations, and status of replacement/overhaul com ponent 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 exem ption m ust comply with all
manufacturer Safety Bulletins.

16. The authorized person m ust make an entry in the aircraft record of the corrective action taken against discrepancies discovered between inspections.

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

- class medical certificate.

18. The operator may not permit any PIC to operate unless the PIC
me ets the operator’s qualification criteria and demonstrates the ability to safely operate the UAS in a manner consistent with how the UAS will be operated under the exem ption, including evasive and emergency maneuvers and maintaining appropriate distances from persons, vessels, vehicles and structures. PIC qualification flight hours m

ust 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 permi tted 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 nonp articipants, and the PIC m ust operate the UA with appropriate distance from nonparticipants in accordance with 14 C.F.R. § 91.119.

19. UAS operations may not be conducted during night, as defined in 14 C.F.R. § 1.1. All operations must be conducted under visu alme teorological conditions (VMC). If flight at night is required, a

special request will be made at the FAA office closest to proposed area of operations. Flights under special visual flight rules (SVFR) are not authorized.

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

- published 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 o perator’s COA. The letter of agreement with the airport management must be made available to the Adm inistrator upon request.

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

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

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

23. The PIC must abo rt 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 c ruising speed to the intended landing point and land the UA with 25% battery power remaining.

25. The operator must obtain an Air Traffic Organization (ATO) issued 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) no t
mo re 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 ofairspace, altitude level and potential transponder requi rements.

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

ber, registered in accordance with 14 C.F.R. part 47, and have identification (N

- Num ber) markings in accordance with 14 C.F.R. part 45, Subpart C. Markings mu st be as large as practicable.

27. Before conducting operations, the radio frequency spectrum used for operation and control of the UA m ust comply with the Federal Communications Commission (FCC) or other appropriate governm ent oversight agency requirements.

28. The documents required fewer than 14 C.F.R. 91.9 and 91.203 m ust be available to the PIC at the Ground Control Station of the UAS any ti me the UAS is operating. These documents must be made available to the Administrator or any law enforcement official up on 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 least 500 fee t 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 an d/or debris in the event of an accident. The operator must ensure that nonparticipating persons remain under such protection. If a situation arises where nonparticipating persons leave such protection and are within 500 feet of the UA, flight operations m

u st cease immediately and/or; b. The aircraft is operated near vessels, vehicles or structures where theowner/controller of such vessels, vehicles or structures has granted

permission and the PIC has made a safety assessment of the risk of operating close r 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 representative. Permission from land owner/controller or authorized representative will be obtained for each flight t o 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. A ccidents 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.**  All Flight UAV submits that the equivalent level of safety established by Section 61.113(a) and (b) will be maintained because no PIC will be allowed to operate the DJI Phantom 3, DJI Inspire 1 and DJI S 900 UASs unless that PIC has demonstrated, by meeting minimum flight

- hour and currency requirements, that the PIC is able to safely operate the DJI Phantom 3, DJI Inspire 1 and DJI S 900 UAS in a manner consistent with the exemption, including evasive and emergency maneuvers and
ma intaining appropriate distances from people, vessels, vehicles and structures. Considering All Flight UAV’s 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 skillsnecessary to safely operate the DJI Phantom 3, DJI Inspire 1 and DJI

S 900 UAS, All Flight UAV submits that the additional manned airmansh ip experience of a commercially certificated pilot would not correlate to the airmanship skills necessary for All Flight UAV’s specific proposed flight operations. The FAA has previously granted relief from Section 61.113(a) and (b) specific to UAS, in ci rcu ms tances 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). All Flight UAV will not all ow any PIC to operate the DJI Phantom 3, DJI Inspire 1 or DJI S 900 UAS unless that PIC has demonstrated, by
me eting minimum flight

- hour requirements or the DJI Phantom 3, DJI Inspire 1 and DJI S 900 UAS training and currency requirements, that the PIC is ab le to safely operate the DJI Phantom 3, DJI Inspire 1 or DJI S 900 UAS in a manner consistent with this exem ption, including evasive and emergency maneuvers and maintaining appropriate distances from people, vessels, vehicles and structures. Specifically, the PIC must have accumulated and logged, in a manner consistent with 14 C.F.R. § 61.51(b), 25 hours of total time as a UAS rotorcraft pilot (with a minim um of 5 hours of those hours as a UAS pilot operating the same make and model of UAS to be used for op erations under the exemption). In addition to the hour requirements, the PIC m

ust accomplish 3 takeoffs and landings in the preceding 90 days (for currency purposes).
As in Exem

ption Nos. 11062, 11138, and 11153, prior docum ented flight experience that wa s obtained in com pliance with applicable regulations will ensure an equivalent level of safety during All Flight UAV’s proposed operations. The Administrator has held that prior docum ented flight experience that was obtained in com pliance with applicable r egulations 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 tim e 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 m ust 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 minim

um hour requirements to be inclusive rather than additive; i.e. 5 hours make and model tim e m aybe 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 acco mp lish 3 takeoffs and landings in the preceding 90 days (for
curr ency 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 p rior documented flight experience that was obtained in com pliance with applicable regulations would satisfy this requirement. Training, proficiency, and experience

building flights can also be conducted under the grant of exem ption to accomplish the requir ed 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, All Flight UAV will ensure saf e operations by not allowing any PIC to operate the DJI Phantom 3, DJI Inspire 1 or DJI S 900 UAS unless that PIC has demonstrated, by meeting minim um flight

- hour and currency requirements, that the PIC is able to safely operate the DJI Phantom 3, DJI Inspi re 1 or DJI S 900 UAS in a manner consistent with the exemption, including evasive and emergency
maneuvers and maintaining appropriate distances from people, vessels, vehicles and structures.**3. Reasons Why An Exemption From The Requirements Of Section**

**91.7(a) Would Not Adversely Affect Safety.** The equivalent level of safety established by Section 91.7(a) will be
ma intained because prior to every flight, All Flight UAV will ensure that the DJ I Phantom 3, DJI Inspire 1 or DJI S 900 UAS is in an airworthy condition based upon the UAS’s co mpliance with its operating docum ents and as stated in the conditions and limitations herein. Additionally, the FAA has previously granted relief from Section 9 1.7(a) specific to UAS, in circu ms tances similar, in all material respects, to those presented herein (e.g. Exemption Nos. 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110, 11112, 11136, 11138, 11150, 11153, 11156, 11157, 11158, 11159, 11160, 11161).

**4. Reasons Why An Exemption From The Requirements Of Section 91.19 Would Not Adversely Affect Safety.**  Prior to conducting UAS specific operations, all persons not essential to flight operations (nonparticipating persons) m ust remain at appropriate distances. In open areas, the UA will remain 500 feet from all persons other than essential flight personnel (i.e. the PIC and VO). If barriers or structures are present that can sufficiently protect nonparticipating persons from

debris in the event of an accident, then the UA may operate closer than 500 feet to persons afforded such protection. All Flight UAV will ensure that nonparticipating persons remain under such protection. If a situation arises where nonparticipating persons leave such protection and are within 500 feet of the UA, flight operations must cease i mmediately. The pri mary concern, when considering how to immediately cease operations, is the safety of those nonparticipating persons. Operations may be conducted closer than 500 feet to vessels, vehic les and structures when the land owner/controller grants such permission and the PIC makes a safety assess ment of the risk of operating closer to those objects.**5. Reasons Why An Exemption From The Requirements Of Section**

**91.121 Would Not Adversely Affect Safety.**  The equivalent level of safety established by Section 91.121 will be
ma intained because the altitude information of the DJI Phantom 3, DJI Inspire 1 and DJI S 900 UASs will be provided to the PIC via GPS equipm ent and a radio communications telemetry data link, which downlinks from the UA to the GCS for active monitoring of the flight path and altitude. This altitude information, co mb ined with All Flight UAV’s operation of the DJI Phantom 3, DJI Inspire 1 and DJI S 900 UASs within visual line of sight, at or below 4 00 feet AGL, will ensure a level of safety equivalent to Section 91.121. The altitude information will be generated by GPS equipment installed onboard the aircraft. Prior to each flight, a zero altitude initi ation point is automatically established by the UAS at ground level. The FAA has previously granted relief from Section 91.121 specific to UAS, in circu mstances similar, in all material respects, to those presented herein (e.g. Exem ption Nos. 11062, 11063 , 11064, 11065, 11066, 11067, 11080, 11109, 11112, 11136, 11138, 11150, 11153, 11156, 11157, 11158, 11159, 11160, 11161). **6. Reasons Why An Exemption From The Requirements Of Section**  **91.151(a )**  **& (b) Would Not Adversely Affect Safety.**  A grant of this exem

ption would ensure an equivalent level of safety establish ed by 14 C.F.R. Section 91.151(a ) and (b) as a result of (1) the technical specifications of the DJI Phantom 3, DJI Inspire 1 and DJI S 900 UASs; (2) the limitations on the proposed flight operations; and (3) the location of the proposed flight operations. Accordingly, All Flight UAV will ensure that it will safely operate the battery powered DJI Phantom 3, DJI Inspire 1 and DJI S 900 UAS duri ng daylight hours in VFR conditions, with enough battery power to fly for a total duration of 23 minutes. Here, as in Exemption No. 11109, the technical specifications of the DJIPhantom

3, DJI Inspire 1 and DJI S 900 UAS; the li mitations on the proposed f

light operations; and the location of the proposed operations, will ensure an equivalent level of safety established by 14 C.F.R. Section 91.151(b). Furthermore, safety will be ensured as the DJI Phantom 3, DJI Inspire 1 and DJI S 900 UASs provide audible and visual warnings to the PIC at the GCS when the UAS experiences low battery voltage, the first warning occurring at approximately 33% remaining battery power, and again at approximately 10% remaining battery power. At the critically low battery level, th e DJI Phantom 3, DJI Inspire 1 and DJI S 900 UASs will descend and land autom atically. Significantly, previous exem ptions granted by the FAA concerning Section 91.151 establish that safety is not adversely affected when the technical characteristics and op erating limitations of the UAS are considered. Relief has been granted for manned aircraft to operate at less than the minimu ms prescribed in Section 91.151, including Exem ption Nos. 2689, 5745, and 10650. Moreover, the FAA has previously granted relief fr om

Section 91.151 specific to UAS, in circu mstances similar, in all material respects, to those presented herein (e.g. Exemption Nos. 8811, 10808, 10673, 11042, 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110, 11136, 11138, 11150, 11153, 1115 6, 11157, 11158, 11159, 11160, 11161). **7. 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, All Flight UAV submits that the equivalent level of safety with regard to the regulatory maintenance and alteration requirements established by Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b) will be met because All Flight UAV will use trained technicians to perform maintenance, alterations, or preventive maintenance on the UAS using the methods, techniques, and practices prescribed in the operating documents (i.e., All Flight UAV Aerial Operations Manual, Monthly Maintenance Log, and DJI Phantom 3, DJI Inspire 1 and DJI S 900 Instruction Manual).Furthermore, All Flight UAV will document and maintain all

ma intenance records for the DJI Phantom 3, DJI Inspire 1 and DJI S 900 UASs.
Since the DJI Phantom 3 , DJI Inspire 1 and DJI S 900 UASs will be inspected as prescribed by the operating documents, All Flight UAV will
ma intain the equivalent level of safety established by Sections 91.405(a), 91.409(a)(1), and 91.409(a)(2). A copy of the DJI Phantom 3, DJI In spire 1 and DJI S 900 User Manuals are attached hereto as Appendix A, B and C. Likewise, the exemption sought will not adversely affect safety because All Flight UAV will use trained technicians to perform maintenance, alterations or preventive maintenance on the UAS using the methods, techniques, and practices prescribed by the operating documents. Furthermore, the exem

ption sought would maintain an equivalent level of safety established by Sections 91.407, 91.417(a) and 91.417(b), because all maintenance of the DJI Phantom 3, DJI Inspire 1 and DJI S 900 UASs will be performed by trained technicians. Maintenance will be docum ented and maintained utilizing the monthly maintenance log. Significantly, previous exem ptions granted by the FAA concerning Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b) establish that safety is not adversely affected when the technical characteristics and operating limitations of the UAS are considered.

In consideration of All Flight UAV’s proposed operating limitations, the operating docum ents, and the technical aspects of the DJI Phantom 3, DJI Inspire 1 and DJI S 900 UASs, All Flight UAV submits that safety will not be adversely affected by granting exe mp tion from 14 C.F.R. Sections 91.405(a), 91.407(a)(1) and (a)(2), 91.409(a)(2), and 91.417(a) and (b). The FAA has previously granted relief specific to UAS in circumstances similar, in all material respects, to those presented herein (e.g. Exemption Nos. 11062, 11063, 11064, 11065, 11066, 11067,11080, 11109, 11110, 11112, 11136, 11138, 11150, 11153, 11156,

11157, 11158, 11159, 11160, 11161). **8. The FAA May Prescribe Any Other Conditions For Safe Operation.**  In accordance with Section 333 of the FAA Modernization and Reform Act of 2012 (FMRA) and 14 C.F.R. § 21.16 entitled Special Conditions, All Flight UAV requests that the FAA prescribe special conditions for the intended operation of the DJI Phantom 3, DJI Inspire 1 and DJI S 900 UASs, which contain such safety standards that the Administrator finds necessary to establish a level of safety equivalent to that established by 14 C.F.R part 21; 61.113(a) & (b), 9 1.7(a), 91.119, 91.121, 91.151(a ), 91.405(a), 91.40 7(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b). Such special conditions will permit safe operation of the UAS for the limited purpose of conducting aerial video and photography over certain areas of the United States for co mp ensation or hire. FMRA Sec tion 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 ce rtification in accordance with any requirements that must be established for the safe operation of the UAS in the NAS. Likewise, the Administrator may prescribe special conditions pursuant to 14 C.F.R. § 21.16, for operation of the DJI Phantom 3, DJI Insp ire 1 and DJI S 900 UASs, since the airworthiness regulations of 14 C.F.R. Part 21 do not contain adequate or appropriate safety standards, due to the novel or unusual design features of the aircraft. Section 21.16, entitled Special Conditions, states the f ollowing: If the FAA finds that the airworthiness regulations of this subchapter do not contain adequate or appropriate safety standards for an aircraft, aircraft engine, or propeller because of a novel or unusual design feature of the aircraft, aircraft engine or propeller, he prescribes special conditions and amendments thereto for theproduct. The special conditions are issued in accordance with Part

11 of this chapter and contain such safety standards for the aircraft, aircraft engine or propeller as the FAA finds necessary to establish a level of safety equivalent to that established in the regulations. See 14 C.F.R. § 21.16. Therefore, in accordance with FMRA Section 333 and 14 C.F.R. § 21.16, the FAA may prescribe special conditions for All Flight UAV intended operation of the DJI Phantom 3, DJI Inspire 1 and DJI S 900 UASs, which contain such safety standards that the Administrator finds necessary to establish a level of safety equivalent to that established by 14 C.F.R. Part 21, Subpart H, and 14 C .F.R Sections 14 C.F.R part 21; 61.113(a) & (b), 9 1.7(a), 91.119, 91.121, 91.151(a ), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b)

**CONCLUSION** ALL FLIGHT UAV seeks an exem ption 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, DJI Inspire 1 and DJI S 900 UASs commercially, without an airworth iness 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 Modernization and Reform Act of 2012, while also advancing the interests of the public, by allowing ALL FLIGHT UAV to safely, efficiently, and economically operate the DJI Phantom 3, DJI Inspire 1 and DJI S 900 UASs commercially within the NAS. WHEREFORE, in accordance with the Federal Aviation Regulations and the FAA Modernization and Reform Act of 2012, Section 333, ALL FLIGHT UAV respectfully requests that the Administrator grant this Petition for an exemptio n from the requirements of 14 C.F.R Sections 61.113(a) & (b), 91.7(a), 91.119, 91.121, 91.1 51(a ), 91.405(a),91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b), and permit

ALL FLIGHT UAV to operate the DJI Phantom 3, DJI Inspire 1 and DJI S 900 UASs c ommercially for the purpose of conducting aerial video and photography over certain areas of the United States.**Appendix A**

**DJI PHANTOM 3 , DJI INSPIRE 1 and DJI S**  **900 TECHNICAL**  **SPECIFICATIONS** All Flight UAV only utilizes safe and reliable UASs. DJI is an industry leader in s mall UAS production. DJI UASs are programed with software enabling the user to set parameters which will not allow flight into controlled airspace. Parameters can also be set to limit fli ght 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 6000 mAh Lipo 2S 1.1.2 Weight (Battery & Propellers included)

- 2.82lbs (1280g) 1.1.3 Hover Accuracy (ready to Fly)

- Vertical: 0.1m; Horizontal: 1.5m 1.1.4 Max Tilt Angel

- 35 1.1.5 Max Ascent Speed

- 5m /s; Max Descent Speed

- 3m/s 1.1.6 Max Flight Speed

- 16m /s (Not Recommended)

1.2 GIMBAL 1.2.1 Control Accuracy

- ± 0.03 1.2.2 Controllable Range Pitch

- 90

1.3 Camera 1.3.1. Operating Temperature Range

- 32F

- 104F (oc

- 40c) 1.3.2 Sensor Size

- 1⁄2.3” 1.3.3 Eff ective Pixels

- 14m 1.3.4 Resolution

- 4384x3288 1.3.5 HD Video Recording

- 1080 p x 720p 1.3.6 Recording field of View

- 110/85DJI Phantom 3 Website Manual Address

http://www.dji.com/product/ph antom

- 3/download

**APPENDIX B**

DJI Inspire 1
1.1 Aircraft 1.1.1 Model T600 1.1.2 Weight (Battery Include)

- 6.47lbs (2935g) 1.1.3 Hovering Accuracy (GPS Mode)

- Vertical: 0.5 m; Horizontal: 2.5m 1.1.4 Max Tilt Angle

- 35 1.1.5 Max Ascent Speed

- 5m /s 1.1.6 Max Descent Speed

- 4m /s 1.1.7 Max Flight Altitude

- 4500m 1.1.8 Max Wind Resistance

- 10m /s 1.1.9 Max Flight Time

- Approximately 18 minutes 1.1.10 Motor Model

- DJI 3510 1.1.11 Propeller Model

- DJI 1345 1.1.12 Dimensions

- 17 1⁄4” x 17 3⁄4” x 12” 1.2 Gimbal 1.2.1 Model

- ZENMUSE X3 1.2.2 Controllable Range

- Pitch: 90 to +30; Pan: ± 320 1.2.3 Mechanical Range

- Pitch:

- 125 to 45; Pan ± 330 1.2.4 Max Controllable Speed

- Pitch: 120/s; Pan: 180/s 1.3 Transmitter 1.3.1 Name

- C1 1.3.2 Operating Frequency

- 5.728

- 5.850 GHz; 2.400

- 2.483 GHz 1.3.3 Communicating Distance (unobstructed)

- 2000m 1.3.4 Output Power

- 9W 1.3.5 Operating Temperature Range

- 14F to 104F (

- 10C to 40C) 1.3.6 Battery

- 600mAh LiPo 2SDJI Inspire 1 Website Manual A ddress

http://www.dji.com/product/inspire

- 1/download

**Appendix C** 
DJI S 900 Website Manual Address http://www.dji.com/product/spreading

- wings

- s900/download