UNITED STATES OF AMERI CA DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION

WASHI NGTON, DC

Regulatory

Docket No. _______________

**IN THE MATTER OF THE PETITION FOR EXEMPTION OF:**  **Austin Hilgenberg FOR AN EXEMPTION SEEKING RELIEF FROM THE REQUIREMENTS OF** 

**TITLE 14 OF THE CODE OF FEDERAL REGULATIONS SECTIONS 61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1),**  **91.409(a)(1) & (a)(2), AND 91.417(a) & (b) CONCERNING COMMERCIAL**  **OPERATION OF DJI PHANTOM 3 PROFESSIONAL, DJI INSPIRE 1 AND DJI** 

**INSPIRE 1 PRO UNMANNED AIRCRAFT SYSTEMS** 

**PURSUANT TO SECTION 333 OF THE FAA MODERNIZATION AND REFORM ACT OF 2012** 

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

Submitted on November 4, 2015 Austin Hilgenberg 1695 Hunter Dr. Way zata, MN 55391 Tel: ( 952 ) 451

- 31952 **TABLE OF CONTENTS** Page GLOSSARY OF ABBREVIATIONS...................................................................................3 SUMMARY...................................................................................................................... .....4 IN TRODUCTION AND INTERESTS OF PETITIONER....................................................4 BACKGROUND...................................................................................................................

. 5 BASI S FOR PETITION.......................................................................... ...............................6 NAME AND ADDRESS OF PETITIONER.............................. ...............................8 THE SPECI FI C SECTIONS OF 14 C.F.R. FROM WHI CH AUSTIN HILGENBERG SEEKS EXEMPTION................................................................. 8 THE EXTENT OF RELIEF AUSTIN HILGENBERG SEEKS AND THE REASON AUSTIN HILGENBERG SEEKS THE RELIEF.........................1 2 THE REASONS WHY GRANTING AUSTIN HILGENBERG ’S REQUEST WOUL D BE IN THE PUBLIC INTEREST .........................................................1 6 THE REASONS WHY GRANTING THE EXEMPTI ON WOULD NOT ADVERSELY AFFECT SAFETY............................................ ..............................20 CONCLUSION.......................................................................................

............. ................37 APPENDI CES........................................................................................3 83 **GLOSSARY OF ABBREVIATIONS** AGL Above Ground Level AOI Area of Interest ATC Air Traffic Control ATO Air Traffic Organization AV Aerial Vehicle CFR Code of Federal Regulati ons COA Certificate of Authorization FAA Federal Aviation Administration FAR Federal Aviation Regulation GCS Ground Control Station GPS Global Positioning Sy stem LOL Loss of Link NAS National Airspace Sy stem NOTAM Notice to Airman PI C Pilot In Command Section 333 FAA Modernization and Reform Act of 2012 (FMRA) Section 333 SO Safety Observer SOP Standard Operating Procedures UA Unmanned Aircraft UAS Unmanned Aircraft Sy stem VFR Visual Flight Rules VLOS Visual Li ne of Site VMC Visual Meteorological Conditions VTOL Vertical Takeoff and Landing4 **SUMMARY** AUSTIN HILGENBERG 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 operate Unmanned Aircraft Sy stem s pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (FMRA). This exemption will permit AUSTIN HILGENBERG to operate an Unmanned Aircraft Sy stem (UAS) for the commerci al purpose of conducting aerial video and photography of construction sites, Energy Inspections, real estate, special events, corporate marketing and landscape over certain areas of the United States.

**INTRODUCTION AND INTERESTS OF THE PETITIONER** AUSTIN HILGENBERG is the CEO/Founder of A Top Shot Media, and provides his clients with expertise and knowledge in advanced technologies and solutions to increase efficiency , productivity and effectiveness. AUSTIN HILGENBERG also provides his clients with the highest quality digital content for use in their commercial, personal, and non

- profit multimedia projects. AUSTIN HILGENBERG was born and raised in a creative photograph y family and began shooting cameras around the age of 12. He has several ye ars of experie nce fl yi ng remote control planes and driving r.c. cars. Growing up, AUSTIN HILGENBERG performed repairs and modifications to his equipment allowing him to become mechanically and technicall y gifted when working with advanced robotics. He has several ye ars recreational/hobby experience in all aspects of aerial video and photograph y. The objective of AUSTIN HILGENBERG ’s aerial video and photography operation s is to provide high qualit y imaging (under 400 ft) for real estate, construction,5

Energy inspec tions, special events, corporate marketing , landscape and recreat ional markets in Mi nnesota and the surrounding states

.

**BACKGROUND** Unmanned Aircraft Sy stems: DJIPhantom 3 Professional In spire 1 Pro and INSPIRE I UASs AUSTIN HILGENBERG seeks an exemption to operate DJ I sy stems for compensation or hire within the NAS . The DJ I Phantom 3 Professional, DJI Inspire 1 and DJIInspire 1 Pro are vertical takeoff and landing (VTOL) Unmanned Aircraft s (UA) with a Ground Control Station (GCS) util izing electronic tablet or smart phone systems. The DJIPHANTOM 3 PROFESSI ONAL has a maximum gross weight of approximately 33.7 ounces, whi le having a length of 18.3 inches width of 18.3 inches, height of 7.48 inches, and a m aximum speed of approximately 20 knots. The DJ I Inspire 1 and the DJIInspire 1 Pro have 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 DJ I P hantom 3 Professional, D JIInspire 1 and DJIInspire 1 Pro UAs are equipped with four main rotors; driven by L ithium Poly

mer battery

powered electric motors. The DJ I Phantom 3 Professional, DJIInspire 1 and DJIInspire 1 Pro UAs that will be operated b y AUSTIN HILGENBERG will b e registered in accordance with 49 U.S.C. 44103, Registration of Aircraft , as well as 14 C.F.R Part 47, Aircraft Registration , and marked in accordance with 14 C.F.R. Part 45, Identification and Registration Marking

.6 **BASIS FOR PETITION** Petitioner, AUSTI

N HILGENBERG , 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 , hereb y petitions the Administrator t o commerciall y operate the DJ I Phantom 3 Professional, DJ I Inspire 1 and DJ I Inspire 1 Pro UASs in the National Airspace Sy stem (NAS), and for an exemption from the requirements of 14 C.F.R §§ 61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b). In consideration of the speed, weight, size, and limited operating area associated with the unmanned aircraft and its operation, AUSTIN HILGENBERG ’s ope ration of DJ I Phantom 3 Professional, DJII nspire 1 and DJ I Inspire 1 Pro UASs meets the conditions of FMRA Section 333 and therefore, will not require an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H. Accordingl y, AUSTIN HILGENBERG 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 onl y appl y to aircraft with an airworthiness certificate. AUSTIN HILGENBERG submits that the requested relief is proper since an equivalent level of safet y will be ensured. AUSTIN HILGENBERG will use experienced personnel or technicians to perform maintenance, alterations, or preventive maintenance on the UASs using the methods, techniques, and practices prescribed in the operating documents (i.e., Monthly Maintenance Lo g, and DJIPhantom 3 Professional, DJIInspire 1 and DJ I Inspire 1 Pro Instruction Manual). Furthermore, AUSTIN HILGENBERG will7

document and maintain all maintenance records fo r the DJ I Phantom 3 Professional, DJ I Inspire 1 and DJ I Inspire 1 Pro UASs. Relief from certain requirements of Section 61.113(a) and (b), entitled Private pilot privileges and limitations: Pilot in command, is requested by AUSTIN HILGENBERG to the extent necessary

to allow a Pilot in Command (PI C) holding a private pilot or higher level certificate, as well as an airman medical certificate, and who has demonstrated, b y meeting minimum flight

- hour and currency requirements, that the PI C is able to safel y operate the DJ I Phantom 3 Professional, DJ I Inspire 1 and DJ I Inspire 1 Pro UASs in a manner consistent with this exemption, including evasive and emergency maneuvers and maintaining appropriate distances from people, vessels, vehicles and structures. AUS TI N HILGENBERG seeks relief from Section 91.7(a), entitled Civil aircraft airworthiness , because the DJ I Phantom 3 Professional, DJ I Inspire 1 and DJIInspire 1 Pro UASs do not require an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subp art H. As such, AUSTI N HILGENBERG submits that he will ensure that the DJ I Phantom 3 Professional, DJII nspire 1 and DJ I Inspire 1 Pro UASs are in an airworthy condition, prior to every

flight, by determining that the UASs are in compliance with the operating documents (i.e., Monthly Maintenance Log, and DJ I Phantom 3 Professional, DJIInspire 1 and DJ I Inspire 1 Pro Instruction Manual), and that the aircraft are in a condition for safe flight. AUSTIN HILGENBERG also seeks an exemption from the requirements of Section 91.121, entitled Altimeter Settings , as the DJIPhantom 3 Professional, DJ I Inspire 1 and DJ I Inspire 1 Pro UAs will not h ave a t ypical barometric altimeter onboard. However, altitude information of the DJ I Phantom 3 Professional, DJ I Inspire 1 and DJ I8

Inspire 1 Pro UAs will be provided to the PI C via Global Positioning Sy stem (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 AUSTIN HILGENBERG ’s operation of the DJ I Phantom 3 Professional, DJIInspire 1 and DJIInspire 1 Pro UASs within visual l ine of sight, at or below 4 00 feet AGL, will ensure a level of safety

equivalent to Section 91.121. Additionally , AUSTIN HILGENBERG seeks an exemption from the requirements of Section 91.151(b), entitled Fuel requirements for flight in VFR conditions

. AUS TI N HILGENBERG submits that safet y will not be affected b y operation of the DJIPhantom 3 Professional, DJ I Inspire 1 and DJ I Inspire 1 Pro UAs during day light hours in visual meteorological conditions (VMC) under visual flight rules (VFR), with enough battery power to fl y for a total duration of approximately 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. In accordance with 14 C.F.R. § 11.81, AUSTIN HILGENBERG 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: AUSTIN HILGENBERG 1695 Hunter Dr Way zata, MN 55391 Tel: ( 952 ) 451

- 3195 Email: austin@atopshot.com **B. The Spec ific Sections Of 14 C.F.R. From**  **Which AUSTIN HILGENBERG**  **Seeks Exemption.**  **1. AUSTIN HILGENBERG**  **Seeks Exemption From The Requirements Of Section 61.113(a) And (b).** 9 Section 61.113, entitled Private pilot privileges and limitations: Pilot in command, subsections (a) and (b) prescribe the following, in relevant part: (a) No person who holds a private pilot certificate may act as a pilot in command (PI C) of an aircraft that is carrying passengers or propert y for compensation or hire; nor may

that person, for compensation or hire, act as PIC of an aircraft. (b) A private pilot may , for compensation or hire, act as PIC of an aircraft in connection with an y business or emp loy ment if

— (1) The flight is only

incidental to that business or employ ment; and (2) The aircraft does not carry passengers or property

for compensation or hire.
**2. AUSTIN HILGENBERG**  **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. AUSTIN HILGENBERG**  **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, b y 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; or10 (iii) In the case of an aircraft not equipped with a radio, the elevation of the departure airport or an appropriate altimeter setting available before departure. **4. AUSTIN HILGENBERG**  **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 rotorcraft under VFR conditions unless (considering wind and forecast weather conditions) there is enough fuel to fly to the first point of intended landing and, assuming normal cruising speed, to fly after that for at least 20 minutes. **5. AUSTIN HILGENBERG**  **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 i nspected 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. AUSTIN HILGENBERG**  **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 b y a person authorized under § 43.7 of this chapter[.] **7. AUSTIN HILGENBERG**  **S eeks 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:11 (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 b y 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. AUSTIN HILGENBERG**  **Seeks Exemption From The Requirements Of Sections 91.417(a) And 91.417(b).**  Section 91.417, entitled Maintenance records , s ubsections (a) and (b), state the following: (a) Except for work performed in accordance with §§ 91.411 and 91.413, each registered owner or operator shall keep the following records for the periods specified in paragraph (b) of this section: (1) Records of the maintenance, preventive maintenance, and alteration and records of the 100

- hour, annual, progressive, and other required or approved inspections, as appropriate, for each aircraft (including the airframe) and each engine, propeller, rotor, and appl iance 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 th e person approving the aircraft for return to service. (2) Records containing the following information: (i) The total time in service of the airframe, each engine, each propeller, and each rotor. (ii) The current status of life

- limited parts of each ai rframe, engine, propeller, rotor, and appliance. (iii) The time since last overhaul of all items installed on the aircraft which are required to be overhauled on a specified time basis.12 (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 maintained. (v) The current status of applicable airworthiness directives (AD) and safety directives including, for each, the method of compliance, the AD or safet y directive number and revision date. If the AD or safety directive involves recurring action, the time and date when the next action is required. (vi) Copies of the forms prescribed b y § 43.9(d) of this chapter for each major alteration to the airframe and currentl y installed engines, rotors, propellers, and appliances. (b) The owner or operator shall retain the following records for the periods prescribed: (1) The records specified in paragraph (a)(1) of this section shall be retained until the work is repeated or superseded b y other work or for 1 ye ar after the work is performed. (2) The records specified in paragraph (a)(2) of this section shall be retain ed and transferred with the aircraft at the time the aircraft is sold. (3) A list of defects furnished to a registered owner or operator under § 43.11 of this chapter shall be retained until the defects are repaired and the aircraft is approved for return to service. **C. The Extent Of Relief AUSTIN HILGENBERG**  **Seeks And The Reason AUSTIN**  **HILGENBERG Seeks The Relief.**  **1. Extent Of Relief AUSTIN HILGENBERG**  **Seeks And The Reason AUSTIN**  **HILGENBERG 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 PI C 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.13 This relief is requested since the limitations set forth in Section 61.113(a) and (b) state that a private pilot may , for co mpensation or hire, act as PI C of an aircraft in connection with an y business or emplo ym ent if: (1) The flight is only incidental to that business or employ

ment; and (2) The aircraft does not carry passengers or propert y for compensation or hire. As set f orth more full y below, AUSTIN HILGENBERG submits that an equivalent level of safety

will be maintained because no PI C will be allowed to operate the DJ I PHANTOM 3 PROFESSIONAL UAS or DJ I Inspire 1 UAS unless that PIC has met certain flight

- hour and currenc y requirements, demonstrating that the PIC is able to safel y operate the DJ I P hantom 3 Professional, DJ I Inspire 1 or the DJ I Inspire 1 Pro 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 structures. Further, AUSTIN HILGENBERG submits that all flights of the DJ I Phantom 3 Professional, DJ I Inspire 1 and DJ I Inspire 1 Pro UASs, conducted b y the PI C pursuant to the grant of this Petition: (1) will be incidental to AUSTIN HILGENBERG ’s business (A Top Shot Media) ; and (2) will not carry passengers or propert y for compensation or hire. **2. Extent Of Relief AUSTIN HILGENBERG**  **Seeks And The Reason AUSTIN**  **HILGENBERG 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 AUSTIN HILGENBERG to determine that the DJIPhantom 3 Professional, DJ I Inspire 1 and DJ I Inspire 1 Pro UASs are in airworth y condition prior to every flight by ensuring that the UAS is in compliance with the operating documents (i.e.,14

the A erial Operations Manual, Monthly Maintenance Log, and DJ I Phantom 3 Professional, DJ I Inspire 1 and DJ I Inspire 1 Pro Instruction Manual). AUSTIN HILGENBERG seeks the requested relief because the DJ I Phantom 3 Professional, DJ I Inspire 1 and DJ I Inspire 1 Pro UASs do not require an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H. T herefore, AUSTI N HILGENBERG will ensure that the DJ I Phantom 3 Professional, DJ I Inspire 1 and DJ I Inspire 1 Pro UASs are in airworth y condition based upon its compliance with the operating documents (i.e ., Monthly Maintenance Log, and DJ I Phantom 3 Professional, DJIInspire 1 and DJ I Inspire 1 Pro Instruction Manual) prior to every flight, and further, determine that the aircraft are in condition for safe flight, as stated in the conditions and limitations below. **3. Extent Of Relief AUSTIN HILGENBERG**  **Seeks And The Reason AUSTIN**  **HILGENBERG Seeks Relief From Section 91.121.**  Relief from Section 91.121, entitled Altimeter settings , may be required to allow flight operations of the DJIPhantom 3 Professional, DJIInspire 1 and DJ I Inspire 1 Pro UASs, whi ch utilize a barometric pressure sensor, GPS equipment, and a radio communications telemetry data link to downlink altitude information from the UA to the PI C at the ground control station (GCS). Since the FAA requires that any altitude information concern ing UAS operations be reported to air traffic control (ATC) in feet above ground level (AGL), AUSTIN HILGENBERG seeks the requested relief because the DJ I Phantom 3 Professional, DJIInspire 1 and DJIInspire 1 Pro UA’s altimeter may be set on the ground t o zero feet AGL, rather than the local barometric pressure or field altitude, before each flight.15 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 condit ions and limitations stated below. As more full y set forth herein, an equivalent level of safet y will be maintained since the DJIPhantom 3 Professional, DJ I Inspire 1 and DJI Inspire 1 Pro UAs are equipped with a barometric pressure sensor and GPS equipme nt, 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 AUSTIN HILGENBERG**  **Seeks And The Reason**  **AUSTIN HILGENBERG**  **Seeks Relief From Section 91.151(b).** Relief from Section 91.151(b) entitled Fuel requirements for flight in VFR conditions , is requested to the extent required to allow flights of the battery powered DJ I Phantom 3 Professional, DJIInspire 1 and DJ I Inspire 1 Pro UAs during daylight hours in visual meteorological conditions (VMC), under visual flight rules (VFR), for a total duration of 13.5 minutes to the first point of intended landing and, assuming normal cruising speed, to fl y after that for at least 4.5 minutes. AUSTIN HILGENBERG seeks the requested relief because without an exemption from Section 91.151(b), the flight time duration of the battery

powered DJ I Phantom 3 Professional, DJ I Inspire 1 and DJ I Inspire 1 Pro UAs will severel y constrain the practicalit y of an y aerial video or still photo flight operations that AUSTIN HILGENBERG proposes to conduct pursuant to this Petition. Significantl y, as set forth below, the technical specifications of the DJ I Phantom 3 P rofessional, DJ I Inspire 1 and DJ I Inspire 1 Pro UASs, the DJ I Phantom 3 Professional, DJIInspire 1 and DJ I Inspire 1 Pro operating documents, and AUSTIN HILGENBERG ’s proposed operating limitations, ensure that AUSTIN HILGENBERG will safel y operate16

the battery

powered DJ I Phantom 3 Professional, DJIInspire 1 and DJ I Inspire 1 Pro UAs during daylight hours in visual meteorological conditions (VMC), under visual flight rules (VFR), with enough battery power to fl y for a total duration of 13.5 minutes to the first point of intended landing and, assuming normal cruising speed, to fl y after that for at least 4.5 minutes. **5. Extent Of Relief AUSTIN HILGENBERG**  **Seeks And The Reason AUSTIN**  **HILGENBERG 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 appl y to aircraft with an airworthiness certificate, AUSTIN HILGENBERG requests relief from these Sections because the DJ I Phantom 3 Pr ofessional, DJ I Inspire 1 and DJ I Inspire 1 Pro UASs do not require airworthiness certificates. As set forth more full y below, the DJ I Phantom 3 Professional, DJIInspire 1 and DJIInspire 1 Pro UASs meet the conditions of FMRA Section 333 for operation without an airworthiness certificate. Accordingl y, AUSTIN HILGENBERG will use trained technicians to perform maintenance, alterations, or preventive maintenance on the UASs using the methods, techniques, and practices prescribed in the UAS operating documents (i.e., the AUSTIN HILGENBERG Aerial Operations Manual, Monthly Maintenance Log, and DJIPhantom 3 Professional, DJ I Inspire 1 and DJ I Inspire 1 Pro Instruction Manual). Furthermore, AUSTIN HIL GENBERG will document and maintain all maintenance records for the DJ I Phantom 3 Professional, DJII nspire 1 and DJ I Inspire 1 Pro UASs. **D. The Reasons Why Granting AUSTIN HILGENBERG**  **’s 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 b y allowing AUSTI N HILGENBERG to safely, efficientl y, and economically perform aerial video and17

photograph y of construction sites, Energy Inspections, real estate, spe cial events , and landscape over certain areas of the United States. Additionally , use of the DJIPhantom 3 Professional, DJ I Inspire 1 and DJI Inspire 1 Pro UASs will decrease congestion of the NAS, reduce pollution, and provide significant benefits to the econom y. Notably, the benefits of AUSTIN HILGENBERG ’s proposed operation of the DJ I Phantom 3 Professional, DJIInspire 1 and DJ I Inspire 1 Pro UASs will b e realized without implicating an y privacy issues. **1. The Public Will Benefit From Decreased Congestion Of The NAS.** The DJ I Phantom 3 Professional, DJIInspire 1 and DJIInspire 1 Pro UAs are battery powered and serve as a safe, efficient, and economical alternative to the manned aircraft traditionally

utilized to obtain aerial imagery . By reducing the amount of manned aircraft needed to perform aerial acquisitions, an exemption allowi ng the use of a DJ I PHANTOM 3 PROFESSIONAL or DJIInspire 1 UAS would reduce the amount of manned aircraft in the NAS, reduce noise and air pollution, as well as increase the safet y of life and property

in the air and on the ground. Furthermore, b y reduci ng the number of manned aircraft operating in the NAS, congestion around airports caused b y arriving and departing aircraft will be reduced. The DJIPhantom 3 Professional, DJ I Inspire 1 and DJI Inspire 1 Pro UAs do not require an airport to takeoff or lan d. L ikewise, a reduction of manned aircraft conducting aerial video and photograph y 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 Professional, DJI Inspire 1 and DJI Inspire 1 Pro UASs.** 18 Conducting aerial acquisitions with the DJIPhantom 3 Professional, DJ I Inspire 1 and DJ I Inspire 1 Pro UASs, instead of manned aircraft, will greatl y benefit the public by drasticall y 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 DJ I Phantom 3 Professional, DJIInspire 1 and DJIInspire 1 Pro UASs produce no air pollution, and is the most viable environmentall y conscious alternative to the cabin class, six cylinder internal combustion engine aircraft that are t ypically utilized for aerial vid eo and photograph y, while burning approximately 20

- 30 gallons per hour of leaded aviation fuel. The DJ I Phantom 3 Professional, DJ I Inspire 1 and DJ I Inspire 1 Pro UAs, while reducing the carbon footprint of aerial acquisitions, also eliminates noise pollution, as the UAs are propelled b y battery powered electric motors, rather than an internal combustion engine. By

using the DJ I Phantom 3 Professional, DJ I Inspire 1 and DJ I Inspire 1 Pro 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 completely

eliminated. Aside from the lack of flight crew members located onboard the aircraft, the DJ I Phantom 3 Professional, DJI Inspire 1 and DJ I Inspire 1 Pro UAs ( DJ I Phantom 3 Professional weighing approximately 33.7 ounces and the DJ I Inspire 1/DJ I Inspire 1 Pro we ighing approximately 6 pound s respectivel y, at their maximum gross weights with DJIPHANTOM 3 PROFESSI ONAL lengths of 18.3 inches and both DGI Inspire 1 /DJU Inspire 1 Pro 17.2 inches respectively , DJIPHANTOM 3 PROFESSI ONAL widths of 18.3 inches and DJ I Inspire 1 17.8 inc hes respectivel y, and with no fuel on board), has less physical potential for collateral damage19

to life and propert y on the ground, and in the air, compared to the manned aircraft that ty picall y conduct similar operations (weighing approximately 6,000 poun ds with a wingspan of approximately 42 feet, a length of 34 feet, and a fuel capacity of 180 gallons). **3. Performing Aerial Video and Photography Operations With The**  **DJI Phantom 3 Professional, DJI Inspire 1 and DJI Inspire 1 Pro**  **UASs Will Benefit The Economy.**  In addition to being safe and efficient, the DJ I Phantom 3 Professional, DJIInspire 1 and DJ I Inspire 1 Pro UASs are also an economical alternative to using manned aircraft to conduct similar aerial operations. As such, o peration of the DJ I Phantom 3 Professional, DJIInspire 1 and DJ I Inspire 1 Pro UASs will allow United States based companies, like AUSTIN HILGENBERG , to remain competit ive and contribute to growth of the U.S.
econom y. 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 D JIPhantom 3 Professional, DJ I Inspire 1 and DJ I Inspire 1 Pro 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 cost of a trad itional manned aircraft. By operating the DJ I Phantom 3 Professional, DJIInspire 1 and DJ I Inspire 1 Pro UASs, companies such as AUSTIN HILGENBERG , can remain competitive and profitable, and therefore, provide greater job stability to employ ees and contr actors, which will ultimately

contribute to growth of the U.S. economy . Improved financial performance of U.S. companies, through commercial use of the DJIPhantom 3 Professional, DJ I Inspire 1 and DJ I Inspire 1 Pro UASs, provides a stable workforce that increases consumer20

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 A re No Privacy Issues.**  Similar to the manned aerial acquisition flight operations that have been conducted for decades, AUSTIN HILGENBERG ’s proposed operation of the DJ I Phantom 3 Professional, DJ I Inspire 1 and DJ I Inspire 1 Pro UASs will not implicate an y privacy issues. Specificall y, the DJIPhantom 3 Professional, DJ I Inspire 1 and DJI Inspire 1 Pro UASs will be operated only in compliance with operating documents (i.e., the Aerial Operations Manual, Monthly Maintenance Log, and DJIPhantom 3 Profession al, DJI Inspire 1 and DJ I Inspire 1 Pro In struction Manual) which requires propert y owner involvement as well as local law enforcement notification, and in accordance with the Federal Aviation Regulations, including the minimum altitude requirements of 14 C.F.R. § 91.119. **E. The Reasons Why Granting The Exemption Would Not Adversely Affect Safety, Or How The Exemption Would Provide A Level Of Safety At Least Equal To That**  **Provided By The Rule From Which AUSTIN HILGENBERG**  **Seeks Exemption. 1. Reasons Why t**  **he DJI Phantom 3 Professional, DJI Inspire 1 and DJI**  **Inspire 1 Pro UAs**  **Meet the Conditions o f**  **t he FAA Modernization and**  **Reform Act of 2012 (FMRA) Section 333.** In consideration of the size, weight, speed, and limited operating area associated with the unm anned aircraft and its operation, AUSTIN HILGENBERG ’s operation of the DJIPhantom 3 Professional, DJ I Inspire 1 and DJI Inspire 1 Pro 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.21 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 securit y. Speci ficall y, FMRA Section 333 states the following, in part: (a ) In General.

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

-- (1 ) which types of unmanned aircraft systems, if any, as a result of their size, weight, speed, operational capability, proximity to airports and populate d areas, and operation within visual line of sight do not create a hazard to users of the national airspace system or the public or pose a threat to national security; and (2 ) whether a certificate of waiver, certificate of authorization, or airworthines s 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, AUSTIN HILGENBERG sub mits that the DJ I Phantom 3 Professional, DJ I Inspire 1 and DJ I Inspire 1 Pro UASs can operate safel y in the NAS pursuant to FMRA Section 333, as demonstrated by : (a) the characteristics of the DJ I Phantom 3 Professional, DJII nspire 1 and DJ I Inspire 1 Pr o UASs; (b) the pilot certification requirement; and (c) the specific operating limitations.

**a. The Specifications Of The DJI Phantom 3 Professional, DJI Inspire 1 and**  **DJI Inspire 1 Pro UASs Demonstrate Its Safe Characteristics.** 22 The DJ I Phantom 3 Professional, DJIInspire 1 and DJIInspire 1 Pro UASs do not create a hazard to users of the NAS or the public, or otherwise pose a threat to national securit y considering its size, weight, speed, and operational capability.

**i. Technical Specifications O f The**  **DJI Phantom 3 Professional, DJI Inspire 1 and DJI Inspire 1 Pro**  **UASs.** The technical specifications of the DJ I Phantom 3 Professional, DJ I Inspire 1 and DJIInspire 1 Pro UASs are set forth b y the DJ I Phantom 3 Professional, DJI Inspire 1 and DJI Inspire 1 Pro Specifications and Data Sheet, attached hereto as Exhibit A and B.

**ii. The DJI Phantom 3 Professional, DJI Inspire 1 and DJI Inspire 1**  **Pro UASs Autonomous Flight And Navigation Modes Enable The**  **UASs To Remain Within A Defined Operational Are a.**  The DJ I Phantom 3 Professional, DJIInspire 1 and DJIInspire 1 Pro UASs may be operated in both manual and fully autonomous flight modes . A complete description of the flight and navigational modes of the DJ I Phantom 3 Professional, DJ I Inspire 1 and DJ I Inspire 1 Pro UASs is provided at page 8 of the DJIPHANTOM 3 PROFESSI ONAL and pages 12

- 16 and 45

- 50 of the DJ I Inspire 1 User Manuals, attached hereto as Exhibit C and D. **iii. The DJI Phantom 3 Professional, DJI Inspire 1 and DJI Inspire 1** 

**Pro 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 L ink is lost, the DJIPhantom 3 Professional, DJ I Inspire 1 and DJIInspire 1 Pro UAs will remain stationary , in flight , for 3 seconds or more. If, after 3 seconds, the DJ I Phantom 3 Professional, DJ I Inspire 1 and DJ I Inspire 1 Pro UAs do not reacquire control link data from the GCS, the UAs will assume that the Control L ink is lost and the UAs will return to the home pos ition (i.e., failsafe mode) via GPS, and will descend to the takeoff position and shutdown.23 A complete description of the Failsafe Functions of the DJ I PHANTOM 3 PROFESSI ONAL UAS are set forth at pages 27 through 29 and f or the DJI Inspire 1 at pages 11 of the DJ I Phantom 3 Professional, DJII nspire 1 and DJ I Inspire 1 Pro User Manuals, attached hereto as Exhibit C and D.

**iv. The DJI Phantom 3 Professional, DJI Inspire 1 and DJI Inspire 1**  **Pro GCS And Its Operation.**  A complete description of the operat ion and specifications of the DJ I Phantom 3 Professional, DJ I Inspire 1 and DJ I Inspire 1 Pro GCS and flight control software is provided at pages 1 through 18 of the DJ I PHANTOM 3 PROFESSI ONAL User Manual and pages 40 through 47 of the DJ I Inspire 1 User Manual. DJ I Phantom 3 Professional, DJIInspire 1 and DJ I Inspire 1 Pro User Manuals are attached hereto as Exhibits C and D.

**b. Flight Operations Of DJI Phantom 3 Professional, DJI Inspire 1 and DJI**  **Inspire 1 Pro UASs Are Limited To The Line Of Sight Of A Certificated**  **Pilot in Command With A Safety Observer.** AUSTIN HILGENBERG will only utilize certificated pilots who possess a current and valid airman medical certificate to act as a pilot in command (PI C) of the DJ I Phantom 3 Professional, DJ I Inspire 1 and DJ I Inspire 1 Pro UASs. Additionally , a safety observer will assist all pilots during flight time.

**c. Flights Of DJI Phantom 3 Professional, DJI Inspire 1 and DJI Inspire 1**  **Pro UASs Will Be Conducted Pursuant**  **To Specific Operating Limitations.**  In seeking this exemption, AUSTIN HILGENBERG proposes to commercially operate DJ I Phantom 3 Professional, DJ I Inspire 1 and DJ I Inspire 1 Pro UASs for the special purpose of conducting aerial video and photograph y over certain areas of United States, pursuant to the following specific operating limitations: 1. Operations authorized by this grant of exemption will be limited to the following aircraft described in the operating documents, rotorcraft UASs weighing less24 than 55 pounds maximum gross weight: DJ I Phantom 3 Professional, DJIInspire 1 and DJ I Inspire 1 Pro Unmanned Aircraft Sy stems. Proposed operations of any other aircraft will require a new petition or a petition to amend this grant. 2. UAS operations und er this exemption will be limited to conducting operations for the purpose of aerial video and photograph y. 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 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 b y 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 PI C at all times. This requires the PIC to be able to use human vision unaided by an y device other than corrective lenses, as specified on the PI C’s FAA

- issued airman medical certificate. 6. The use of first person view (FPV) b y th e PI C or safet y observer (SO) is not permitted. 7. All operations must utilize a safet y observer (SO). The SO may be used to satisfy the VLOS requirement as long as the PIC alway s maintains VL OS capability

. The SO and PI C must be able to communicate verb ally 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 PI C must ensure that the SO can perfor m the functions prescribed in the operating documents. 8. The SO must not perform any other duties bey ond assisting the PI C with seeing and avoiding other air traffic and other ground based obstacles/obstructions and is not permitted to operate the camer a or other instruments. 9. The operating documents and the grant of exemption must be accessible during UAS operations and made available to the Administrator upon request. If a discrepancy

exists between the conditions and limitations contained in the grant of exemption and the procedures outlined in the operating documents, the conditions and limitations contained in the grant of exemption take precedence and must be followed. Otherwise, the operator must follow the procedures as outlined in its operati ng documents. The operator may update or revise its operating documents. It is the operator’s responsibility to track such revisions and present updated and revised documents to the Administrator upon request. The operator must also present updated and rev ised documents if it petitions for extension or amendment to the grant of exemption. If the operator determines that any update or revision would affect the basis upon which the FAA granted the exemption, then the operator must petition for amendment to it s grant of25 exemption. The FAA’s UAS Integration Office (AFS

- 80) may be contacted if questions arise regarding updates or revisions to the operating documents. 10. Prior to each flight the PI C must inspect the UAS to ensure that it is in a condition for s afe 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 characte ristics, e.g. replacement of a flight critical component, must undergo a functional test flight. The PI C who conducts the functional test flight must make an entry in the aircraft records. 12. The pre

- flight inspection must account for all potential disc repancies, e.g. inoperable components, items, or equipment, not already covered in the relevant sections of the operating documents. 13. The operator must follow the UAS manufacturer’s aircraft/component, maintenance, overhaul, replacement, inspection, and life limit requirements. 14. The operator must carry out its maintenance, inspections, and record keeping requirements, in accordance with the operating documents. Maintenance, inspection, alterations, and status of replacement/overhaul component parts must be noted in the aircraft records, including total time in service, description of work accomplished, and the signature of the au thorized 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 dis crepancies discovered between inspections. 17. The PI C 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 PI C meets the operator’s qua lification criteria and demonstrates the ability to safel y operate the UAS in a manner consistent with how the UAS will be operated under the exemption, including evasive and emergency maneuvers and maintaining appropriate distances from persons, vessels, vehicles and structures. PIC qualification flight hours must be logged in a manner consistent with 14 C.F.R. § 61.51(b). Flights for the purposes of training the operator’s PICs are permitted under the terms of the exemption. However, training operations m ay only be conducted during dedicated training sessions. During training,26 proficiency , and experience

- building flights, all persons not essential for flight operations are considered nonparticipants, and the PI C must operate the UA with appropriate distanc e from nonparticipants in accordance with 14 C.F.R. § 91.119. 19. UAS operations may

not be conducted during night, as defined in 14 C.F.R. § 1.1. All operations must be conducted under visual meteorological conditions (VMC). If flight at night is requir ed, 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 operator’s COA. The letter of agreement with the airport man agement must be made available to the Administrator 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 PI C. 22. If the UA lose s communications or loses its GPS signal, it must return to a pre

determined location within the planned operating area and land or be recovered in accordance with the operating documents. 23. The PI C must abort the flight in the event of unpredicted ob stacles or emergencies in accordance with the operating documents. 24. The PI C 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 p oint 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 an y 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 clas s of airspace, altitude level and potential transponder requirements. 26. All aircraft operated in accordance with the exemption must be identified by serial number, registered in accordance with 14 C.F.R. part 47, and have identification (N

- Number) markings in accordance with 14 C.F.R. part 45, Subpart C. Markings must be as large as practicable.27 27. Before conducting operations, the radio frequency spectrum used for operation and control of the UA must comply with the Federal Communications Commission (FCC) or other appropriate government oversight agency requirements. 28. The documents required fewer than 14 C.F.R. 91.9 and 91.203 must be available to the PIC at the Ground Control Station of the UAS an y time the UAS is operating. These documents must be made available to the Administrator or an y law enforcement officia l upon request. 29. The UA must remain clear and yi eld the right of way to all manned aviation operations and activities at all times. 30. The UAS may

not be operated b y the PIC from any moving device or vehicle. 31. Flight operations must be conducte d at least 500 feet from all nonparticipating persons (persons other than the PI C, SO, operator trainees or essential persons), vessels, vehicles, and structures unless: a. Barriers or structures are present that sufficiently protect nonparticipating per sons from the UA and/or debris in the event of an accident. The operator must ensure that nonparticipating persons remain under such protection. If a situation arises where nonparticipating persons leave such protection and are within 500 feet of the UA, f light operations must cease immediately

and/or; b. The aircraft is operated near vessels, vehicles or structures where the owner/controller of such vessels, vehicles or structures has granted permission and the PI C has made a safet y assessment of the ris k of operating closer to those objects and determined that it does not present an undue hazard, and; c. Operations nearer to the PI C, SO, operator trainees or essential persons do not present an undue hazard to those persons per § 91.119(a). 32. All op erations 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 to be co nducted. 33. Any incident, accident, or flight operation that transgresses the lateral or vertical boundaries of the operational area as defined by the applicable COA must be reported to the FAA's UAS Integration Office (AFS

- 80) within 24 hours. Accidents must be r eported to the National Transportation Safet y 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.**28 AUSTIN HILGENBERG submits that the equivalent level of safety established by Section 61.113(a) and (b) will be maintained because no PI C will be allowed to o perate the DJIPhantom 3 Professional, DJ I Inspire 1 and DJI Inspire 1 Pro UASs unless that PI C has demonstrated, b y meeting minimum flight

- hour and currency requirements, that the PI C is able to safel y operate the DJIPHANTOM 3 PROFESSI ONAL or DJ I 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. Considering AUSTIN HILGENBERG ’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 skills necessary to safely operate the DJ I PHANTOM 3 PROFESSI ONAL or DJ I In spire 1 UAS, AUSTIN HILGENBERG submits that the additional manned airmanship experience of a commercially certificated pilot would not correlate to the airmanship skills necessary for AUSTI

N HILGENBERG ’s 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). AUSTIN HILGENBERG will not allow any PIC to operate the DJ I PHANTOM 3 PROFESSI ONAL , DJ I Inspire 1 or DJ I Inspire 1 Pro UAS unless that PI C has demonstrated, b y meeting minimum flight

- hour requirem ents or the DJ I PHANTOM 3 PROFESSI ONAL or DJ I In spire 1 /DJ I Inspire 1 Pro UAS training and currency29

requirements, that the PIC is able to safel y operate the DJ I PHANTOM 3 PROFESSI ONAL or DJ I In spire 1 UAS in a manner consistent with this exemption, including evasive and emergency maneuvers and maintaining appropriate distances from people, vessels, vehicles and structures. Specificall y, the PI C 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 PI C must accomplish 3 takeoffs and landings in the preceding 90 day s (for currency purposes). As in Exemption Nos. 11062, 11138, and 11153, prior documented flight experience that was obtained in compliance with applicable regulations will ensure an equivalent level of safet y during AUSTIN HILGENBERG ’s proposed operations. The Administrator has held that prior documented flight experience that was obtained in compliance with applicable regulations would ensure safe operations, stating as follows: In Exemption No. 11062, the FAA required that prior to conducting operations for the purpose of motion picture filming (or similar operations), the PIC must have accumulated and logged, in a manner consistent with 14 CFR 61.51(b), 25 hours of total time as a UAS rotorcraft pilot including at least 10 hours logged as a UAS pilot with a multi

- rotor UAS. Prior to operations under Exemption No. 11062, the PI C must also have accumulated and logged a minimum of 5 hours as a UAS pilot operating the same make and m odel of UAS to be used for operations under the exemption. For clarification, the FAA considers these minimum hour requirements to be inclusive rather than additive; i.e. 5 hours make and model time may be included in the 10 hours of multi

- rotor time and the 10 hours may be included in the total 25 hours of UAS rotorcraft time. In addition to the hour requirements, the PI C must accomplish 3 takeoffs and landings in the preceding 90 day s (for currency purposes). The FAA finds that at a minimum, the flight

- ho ur requirements in Exemption No. 11062 are appropriate to practice and build proficiency in the skills necessary

to safely conduct the petitioner’s proposed operations. The FAA also finds that prior documented flight experience that was obtained in compliance30 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

- b uilding flights the PI C is required to operate the UA with appropriate distances in accordance with 14 C.F.R 91.119. Exemption No. 11138 at page 15. Accordingl y, AUSTIN HILGENBERG will ensure safe operations b y not allowing any PIC to operate the DJIPh antom 3 Pro, DJ I In spire 1 or DJ I Inspire 1 Pro UAS unless that PI C has demonstrated, by meeting minimum flight

- hour and currency requirements, that the PI C is able to safely operate the DJ I P hantom 3 Pro, DJIInspire 1 or DJ I Inspire 1 Pro 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 safet y established b y Section 91.7(a) will be maintained because prior to every

flight, AUSTIN HILGENBERG will ensure that the DJIP hantom 3 Pr o, DJIInspire 1 or the DJIInspire 1 Pro UAS is in an airworthy condition based upon the UAS’s compliance with its operating documents and as stated in the conditions and limitations herein. Additionally , the FAA has previously granted relief from Sectio n 91.7(a) specific to UAS, in circumstances similar, in all material respects, to those presented herein (e.g. Exemption Nos. 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110, 11112, 11136, 11138, 11150, 11153, 11156, 11157, 11158, 11159, 1116 0, 11161). **4. Reasons Why An Exemption From The Requirements Of Section 91.121 Would Not Adversely Affect Safety.** 31 The equivalent level of safet y established b y Section 91.121 will be maintained because the altitude information of the DJ I Phantom 3 Professional, DJ I Inspire 1 and DJ I Inspire 1 Pro UAs will be provided to the PI C via GPS equipment 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, combined with AUSTIN HILGENBERG ’s operation of the DJ I Phantom 3 Professional, DJIInspire 1 and DJIInspire 1 Pro UAs within vis ual 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 b y GPS equipment installed onboard the aircraft. Prior to each flight, a zero altitude initiation point is automatically

established by

the UASs at ground level. The FAA has previously

granted relief from Section 91.121 s pecific 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, 11112, 11136, 11138, 11150, 11153, 11156, 11157, 11158, 11159, 11160, 11161). **5. Rea sons Why An Exemption From The Requirements Of Section 91.151(b)**  **Would Not Adversely Affect Safety.** A grant of this exemption would ensure an equivalent level of safety established by 14 C.F.R. Section 91.151(b) as a result of (1) the technical specifications of the DJ I Phantom 3 Professional, DJII nspire 1 and DJ I Inspire 1 Pro UASs; (2) the limitations on the proposed flight operations; and (3) the location of the proposed flight operations. Accordingl y, AUSTIN HILGENBERG will ensure that it will safely operate the battery powered DJ I Phantom 3 Professional, DJ I Inspire 1 and DJ I Inspire 1 Pro UAs during daylight hours in VFR conditions, with enough battery power to fly

for a total duration of32

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. Here, as in Exemption No. 11109, the technical specifications of the DJ I Phantom 3 Professional, DJ I Inspire 1 and DJ I Inspire 1 Pro UASs; the limitations on the proposed flight operations; and the location of the proposed operations, will ensure an equivalent level of safety

established by

14 C.F.R. Section 91.151(b). Furthermore, safet y will be ensured as the DJ I Phantom 3 Professiona l, DJ I Inspire 1 and DJ I Inspire 1 Pro UASs provide audible and visual warnings to the PI C 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% rem aining battery power. At the criticall y low battery level, the DJ I Phantom Vision+ and DJ I Inspire 1 UASs will descend and land automatically

. Significantl y, previous exemptions granted b y the FAA concerning Section 91.151 establish that safet y is not adv ersel y affected when the technical characteristics and operating limitations of the UAS are considered. Relief has been granted for manned aircraft to operate at less than the minimums prescribed in Section 91.151, including Exemption Nos. 2689, 5745, and 10650. Moreover, the FAA has previously granted relief from Section 91.151 specific to UAS, in circumstances similar, in all material respects, to those presented herein (e.g. Exemption Nos. 8811, 10808, 10673, 11042, 11062, 11063, 11064, 11065, 11066, 110 67, 11080, 11109, 11110, 11136, 11138, 11150, 11153, 11156, 11157, 11158, 11159, 11160, 11161). **6. Reasons Why An Exemption From The Requirements Of Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), And 91.417(a) & (b) Would**  **Not Adversely Affect Sa fety.** 33 In seeking this exemption, AUSTIN HILGENBERG 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 AUSTIN HILGENBERG will use trained technicians to perform maintenance, alterations, or preventive maintenance on the UASs using the methods, techniques, and practices prescribed in the operating documents (i.e., the Aerial Operations Manual, Monthly

Maintenance Log, and DJ I Phantom 3 Professional, DJII nspire 1 and DJIInspire 1 Pro Instruction Manual). Furthermore, AUSTIN HILGENBERG will document and maintain all maintenance records for the DJ I P hantom 3 Pro, DJIInspire 1 and DJ I In spire 1 Pro UASs. Since the DJ I Phantom 3 Professional, DJ I Inspire 1 and DJ I Inspire 1 Pro UASs will be inspected as prescribed by the operating documents, AUSTIN HILGENBERG will maintain the equivalent level of safet y established by Sections 91.405(a), 91.409(a)(1), and 91.409(a)(2). A cop y of the DJ I Phantom 3 Professional, DJIInspire 1 and DJIInspire 1 Pro User Manuals are attached hereto as Exhibit C and D; a cop y of the DJIPhantom 3 Professional, DJ I Inspire 1 and DJ I Inspire 1 Pro UAS Maintenance LOG is attached hereto as Exhibit E. Likewise, the exemption sought will not adversel y affect safety because AUSTI N HILGENBERG will use trained technicians to perform maintenance, alterations or preventive maintenance on the UAS using the methods, techni ques, and practices prescribed b y the operating documents. Furthermore, the exemption sought would maintain an equivalent level of safet y established by

Sections 91.407, 91.417(a) and 91.417(b), because all maintenance of the34

DJIPhantom 3 Professional, D JIInspire 1 and DJI Inspire 1 Pro UASs will be performed by trained technicians. Maintenance will be documented and maintained utilizing the monthly maintenance log. Significantl y, previous exemptions granted b y the FAA concerning Sections 91.405(a), 91. 407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b) establish that safet y is not adversel y affected when the technical characteristics and operating limitations of the UAS are considered. In consideration of AUSTIN HILGENBERG ’s proposed operating limitations, the operating documents, and the technical aspects of the DJ I Phantom 3 Professional, DJI Inspire 1 and DJ I Inspire 1 Pro UASs, AUSTIN HILGENBERG submits that safet y will not be adversely

affected by

granting exemption from 14 C.F.R. Sections 91.405 (a), 91.407(a)(1) and (a)(2), 91.409(a)(2), and 91.417(a) and (b). The FAA has previously granted relief specific to UAS in circumstances similar, in all material respects, to those presented herein (e.g. Exemption Nos. 11062, 11063, 11064, 11065, 11066, 1 1067, 11080, 11109, 11110, 11112, 11136, 11138, 11150, 11153, 11156, 11157, 11158, 11159, 11160, 11161). **7. The FAA May Prescribe Any Other Conditions For Safe Operation.** In accordance with Section 333 of the FAA Modernization and Reform Act of 2012 (FMRA) and 14 C.F.R. § 21.16 entitled Special Conditions , AUSTI N HILGENBERG requests that the FAA prescribe special conditions for the intended operation of the DJ I Phantom 3 Professional, DJII nspire 1 and DJ I Inspire 1 Pro UASs, which contain such safet y standards that the Administrator finds necessary to establish a level of safet y equivalent to that established by 14 C.F.R. Part 21, Subpart H, and 14 C.F.R §§ 61.113(a)35

& (b), 91.7 (a), 91.121, 91.151(b), 91.405(a), 91.407 (a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b). Such special conditions will permit safe operation of the UAs for the limited purpose of conducting aerial video and photograph y over certain areas of the United States for compensation or hire. FMRA Sect ion 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 securit y; and further, provides the authority for such UAS to operate without airworthiness cer tification 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 DJ I Phantom 3 Profession al, DJIInspire 1 and DJIInspire 1 Pro 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 Con ditions , states the following: If the FAA finds that the airworthiness regulations of this subchapter do not contain adequate or appropriate safet y standards for an aircraft, aircraft engine, or propeller because of a novel or unusual design feature of th e aircraft, aircraft engine or propeller, he prescribes special conditions and amendments thereto for the product. The special conditions are issued in accordance with Part 11 of this chapter and contain such safety

standards for the aircraft, aircraft eng ine 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 L eading Edge’s intended operation of the DJ I Phantom 3 Professional, DJII nspire 1 and DJ I Inspire 1 Pro UASs, which contain such safet y stan dards that the Administrator finds necessary to establish a level of safet y equivalent to that established by 14 C.F.R. Part 21, Subpart H, and 14 C.F.R Sections36

61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2),
and 91.417(a) & (b). **F. A Summary That Can Be Published In The**  **Federal Register, stating: The Rules**  **From Which AUSTIN HILGENBERG**  **Seeks Exemption:** AUSTIN HILGENBERG seeks exemption from the requirements of 14 C.F.R Sections 61.113(a)&(b), 91.7(a), 91.121, 91 .151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b). **A Brief Description Of The Nature Of The Exemption AUSTIN**  **HILGENBERG Seeks:**  This exemption will permit AUSTIN HILGENBERG to commercially operate an Unmanned Aircraft System (UAS) for the purpose of conducting aerial video and photography over certain areas of the United States. **G. Any Additional Information, Views, Or Arguments Available To Support**  **AUSTIN HILGENBERG ’s**  **Reques t.**  This Petition is made pursuant to the FAA Modernization and Reform Act of 2012 (FMRA) Section 333, which directs the Secretary of Transportation to determine if certain UAS may operate safely

in the NAS. As such, AUSTI N HILGENBERG ’s request for exemp tion may

be granted pursuant to the authority of FMRA Section 333 and 14 C.F.R. Part 11, as set forth above. FMRA Section 333 sets forth the requirements for considering whether a UAS will create a hazard to users of the NAS or the public, or otherwise po se a threat to national securit y; and further, provides the authority for such UAS to operate without airworthiness certification. As discussed in detail above, AUSTIN HILGENBERG will operate the DJI Phantom 3 Professional, DJII nspire 1 and DJ I Inspire 1 Pro UASs safel y i n the NAS, without creating a hazard to users of the NAS, or the public, or otherwise pose a threat to national securit y.37 **CONCLUSION** As set forth herein, AUSTIN HILGENBERG 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 DJIPhantom 3 Professional, DJI Inspire 1 and DJI Inspire 1 Pro UASs commercially, without an airworthiness certificate, for the limited purpose of conducting a erial 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 pu blic, by allowing AUSTIN HILGENBERG to safely, efficiently, and economically operate the DJ I Phantom 3 Professional, DJI Inspire 1 and DJIInspire 1 Pro UASs commercially within the NAS. WHEREFORE , in accordance with the Federal Aviation Regulations and the FAA Modernization and Reform Act of 2012, Section 333, AUSTIN HILGENBERG 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 AUSTIN HILGENBERG to operate the DJIPhantom 3 Professional, DJI Inspire 1 and DJI Inspire 1 Pro UASs commercially for the purpose of conducting aerial video and photography over certain areas of the United States. Date d: November 4, 2015

Respectfully submitted, AUSTIN HILGENBERG

________________________ AUSTIN HILGENBERG 1695 Hunter Dr. Wayzata, MN 55391 Austin@atopshot.com 952

- 451

- 319538

Appendic es : A

– DJ I PHANTOM 3 PROFESSI ONAL Specifications Data Sheet B

– DJ I Inspire 1/DJ I Inspire 1 Pro Specifications Data Sheet C

– DJIPHANTOM 3 PROFESSI ONAL Manufacturer’s User Manual D

– DJ I Inspire 1 /DJ I Inspire 1 Pro Manufacturer’s User Manual E

– Monthly

Maintenance L og39 APPENDIX

– A **DJI PHANTOM 3 PROFESSIONAL AP**  **TECHNICAL SPECIFICATIONS** AUSTIN HILGENBERG only util izes safe and reliable UASs. DJ I Phantom 3 Pro is an industry lea der in small UAS production. DJ I Phantom 3 Pro UASs are loaded with ground breaking software enabling the user to set parameters which will not allow flight into controlled airspace. Paramete rs can also be set to limit flight to no higher than a predetermined and set altitude as well as limit flight to a predetermined an d set distance. In addition, DJI software provides real

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

. Aircraft Supported Battery

– 3000mAh 3S 11.1V 20C Li
- Po Battery Weight (Battery

& Propellers Included)

– 35.5 oz (1280 g) Hover Accuracy

(Ready to Fly)

– Vertical: .5m; Horizontal: 1 .5m Max Yaw Angular Velocity

- 200 0 /s Max Tilt Angel

- 35 0 Max Ascent Speed

– 5m/s Max Descent Speed

– 3m/s Max Flight Speed

– 16m/s (NOT RECOMMENDED), no wind Camera Video Resolution: Up to 4K @ 30 fps Photo Resolution: 12 Megapixal Video Format: MP4 or MOV Photo Format: A dobe DNG RAW and JPEG Features: Adjustable White Balance, ISO, Exposure, Shutter Speed and color filters Gimbal Controllable range: Pitch

- 90 to +30 degrees

A PPENDIX

– B **DJI INSPIRE 1/ DJI Inspire 1 Pro** AUSTIN HILGENBERG only utilizes safe and reliable UASs. DJ I is an industry leader in small UAS production. DJIUASs 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 f l ight to a predetermined and set distance. In addition, DJIsoftware provides real

- time altitude and location information to the PI C via the linked monitor (smart phone/t ablet devices)40

2.2 DJI Inspire 1 /Inspire 1 Pro 2.2.1 Aircraft 2.2.1.1 Model
– T600 2.2.1.2 Weight (Battery Included)
– 6lbs 7.5291oz (2935g) 2.2.1.3 Hovering Accuracy (GPS Mode)
– Vertical: 0.5m; Horizontal: 2.5m 2.2.1.4 Max Angular Velocity
– Pitch: 300 0/s; Yaw: 1500/s 2.2.1.5 Max Tilt Angle

- 35 0 2.2.1.6 Max Ascent Speed
– 5m/s 2.2.1.7 Max Descent Speed
– 4m/s 2.2.1.8 Max Speed
– 22m/s (ATTI mode, no wind

– NOT RECOMMENDED) 2.2.1.9 Max Flight Altitude
– 4500m 2.2.1.10 Max Wind Resistance
– 10m/s 2.2. 1.11 Max Flight Time
– Approximately 18 minutes 2.2.1.12 Motor Model
– DJI 3510 2.2.1.13 Propeller Model
– DJI 1345 2.2.1.14 Operating Temperature Range
– 14 0F to 1040F (

- 10 0C to 400C) 2.2.1.15 Dimensions
– 17 1⁄4” x 17 3⁄4” x 12” 2.2.2 Gimbal 2.2.2.1 Model
– ZENMUSE X3 2.2.2.2 Output Power (with camera)
– Static: 9W; In Motion: 11W 2.2.2.3 Operating Current
– Static: 750mA; In Motion: 900mA 2.2.2.4 Angular Vibration Range

- ±0.03 0 2.2.2.5 Mounting
– Detachable 2.2.2.6 Controllable Range
– Pitch:

- 90 0 to +300; Pan: ±320 0 2.2.2.7 Mechanical Range
– Pitch:

- 125 0 to 450; Pan: ±3300 2.2.2.8 Max Controllable Speed
– Pitch: 120 0/s; Pan: 1800/s 2.2.3 Camera 2.2.3.1 Name
– X3 (Zenmuse X5 for Inspire 1 Pro) 2.2.3.2 Model
– FC350 2.2.3.3 Total Pixels
– 12.76M (16 mp for Inspire 1 Pro) 2.2.3. 4 HD Video Recording
– UHD(4K ) 2.2.3. 5 Operating Temperature Range
- 32 0F

- 104 0F (00C

- 40 0C) 2.2.4 Transmitter 2.2.4.1 Name
– C1 2.2.4.2 Operating Frequency
– 5.728
- 5.850GHz; 2.400
- 2.483GHz 2.2.4.3 Communicating Distance (unob structed)
– 2000m 2.2.4.4 Output Power
– 9W 2.2.4.5 Operating Temperature Range
- 14 0F to 1040F (

- 10 0C to 400C) 2.2.4.6 Battery
– 600mAh LiPo 2S41 APPENDIX

– C DJIPHANTOM 3 PROFESSI ONAL Manufacturer’s User Manual

A PPENDIX

– D DJIInspire 1 Manufacturer’s User Manual42 APPENDIX

– E

m o n t h :

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