1

October 1 9 , 2015

Attn: U. S. Department of Transportation Docket Operations West Building Ground Floor, Room w12

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

RE: ELBOW GREASE ENTERPRISES, LLC d/b/a AERIAL DRONE RESOURCES REQUEST S AN EXEMPTION 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

, Inspire 1

, 3DR So lo and X8+ UNMANNED AIRCRAFT SYSTEMS
PURSUANT TO SECTION 333 OF THE FAA MODERNIZATION AND REFORM ACT OF 2012 (PUBLIC LAW 112

- 95)

Jason Melvin

Founder & President Elbow Grease Enterprises, LLC d/b/a Aerial Drone Resources

9111 Cochran Bluff Lane Dallas, Texas 75220
469

- 766

- 3502 jason.melvin@melvinlegal.com2 TABLE OF CONTENTS

Page

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

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

INTRODUCTION AND INTERESTS OF PETITIONER....................................................4

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

BASIS FOR PETITION.........................................................................................................5

NAME AND ADDRESS OF PETITIONER.......................

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

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

EX EMPTION........................................

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

THE EXTENT OF RELIEF AND THE REASON ADR SEEKS THE

R ELIEF...................

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

THE REASONS WHY GRANTING ADR ’S REQUEST WOULD BE IN THE P UBLIC
INTEREST ...................................

............ ........... ................................ ....... ..................... ... .1 1

THE REASONS WHY GRANTING THE EXEMPTION TO ADR WOU LD NOT

ADVE RSELY AFFECT SAFETY.......................................

. ........................... ... ......... ..... . ... 1 3

SUMMARY THAT CAN BE PUBLISHED IN THE FEDERAL REGISTER....

.......... .. . . . . 23

ANY ADDITIONAL INFORMATION, VIEWS, OR ARGUMENTS A VAILABLE TO

SUPPORT ADR ’S R EQUEST...

..................................... ................................................. . . ... 23

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

. .... . . . ... 2 3

APPENDICES...............................................................

. ........................ ... 253 GLOSSARY OF ABBREVIATIONS

AGL Above Ground Level
AOI Area of Interest
ATC Air Traffic Control
ATO Air Traffic Organization
AV Aerial Vehicle
CFR Code of Federal Regulations
COA Certificate of Authorization
ADR Aerial Drone Resources
FAA Federal Aviation Administration
FAR Federal Aviation Regulation
GCS Ground Control Station
GPS Global Positioning System
LOL Loss of Link
NAS National Airspace System
NOTAM Notice to Airman
PIC Pilot In Command
Section 333 FAA Mode rnizatio n and Reform Act of 2012 (FMRA)
SO Safety Observer
SOP Standard Operating Procedures
UA Unmanned Aircraft
UAS Unmanned Aircraft System (s)

, Specifically Phantom 3 Professional , Inspire 1

, 3DR Solo an d X8+
VFR Visua l Flight Rules
VLOS Visual Line of Site
VMC Visual Meteorological Conditions
VTOL Vertical Takeoff and Landing4 SUMMARY

Elbow Grease Enterprises, LLC d/b/a Aerial Drone Resources and here after referred to as ADR 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 an Unmanned Aircraft System ( DJI Phantom 3 Professional

, Inspire 1

, 3DR Solo and X8+ )
pursuant t o Section 333 of the FAA Modernization and Reform Act of 2012 (FMRA). This exemption will permit ADR to o perate Unmanned Aircraft System s (UA S ) for the commercial purpose of conducting aerial data collection 1 o ver certain areas of the United States.

INTRODUCTION AND INTERESTS OF THE PETITIONER

ADR ’s owner is an FAA authorized pilot holding a commercial pilot license with instrument and

multi

- engine ratings. Over the course of twenty years, Mr. Melvin has logged approximately

2200 hours in various air craft ranging from the Aeronca Chief to the Cessna Citation I and King

Air 350 (in addition to several model aircraft)

. Mr. Melvin has received advanced flight training at Flight Safety International, and received a high

- altitude operations endorsement at Wright

Patterson Air Force Base. Mr. Melvin holds a law degree , has served as a panel attorney for the AOPA, a law clerk for the NTSB, and has significant experience in aviation, aviation maintenance, aviation litigation, aviation regulations, claims i nvestigations, aerial photography, construction matters, real estate, and risk mitigation and management. The objective of ADR is

to use U nmanned Aircraft System aerial operations to provide a n affordable and safe alternative

to traditional methods of aerial data collection operations

.

BACKGROUND

Unmanned Aircraft Systems : DJI Phantom 3 Professional

, Inspire 1

, 3DR Solo and X8+

ADR seeks exemption to operate DJI Phantom 3 Professional

, Inspire 1

, 3DR Solo and X8+
system s (hereinafter collectively “the UAS” or separately “UAS” ) for compensation or hire

within the NAS. These aircraft are v ertical takeoff and landing (VTOL) Unmanned Aircraft (UA) with a Ground Control Station (GCS) utilizing electronic tablet or smart phone systems. These aircraft have the following specifications:

1 Used throughout as defined by the FAA in Exemption No. 12820: “Aerial data collection includes any remote sensing and measuring by an instrument(s) aboard the UA. Examples include imagery (photography, video, infrared, etc.), electronic measurement (prec ision surveying, RF analysis, etc.), chemical measurement (particulate measurement, etc.), or any other gathering of data by instruments aboard the UA.”5

Phantom 3 Professional

Gross Weight 2.8 lbs.

Max Tilt 35 degrees Max Flight Velocity 16.4 f p s Diagonal Length 23.2” Lithium Polymer Battery

Four main rotors Inspire 1

Gross Weight 6.5 lbs

. Max Tilt 35 degrees Max Flight Velocity 72.2 fps Diagonal Length 22.9” Lithium Polymer Battery

Four main rotors

3DR Solo

Gross Weight 3.3 lbs. Max Flight Velocity 25.5 mps 3DR X8+

Gross Weight 5.6 lbs Max Flight Velocity 30 mps Diagonal Length 18” Diagonal Length 20.1 ” Lithium Polymer Battery Lithium Polymer Battery

Four main rotors Four Main Rotors

All UA S operated by ADR will be registered in accordance with 49 U.S.C. 44103, Registration of Aircraft , as well as 14 C.F.R Part 47, Aircraft Registration , and marked in accordance with 14 C.F.R. Part 45, Identification and Regis tration Marking

.

BASIS FOR PETITION

Petitioner, ADR , 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 Syste ms , hereby petitions the Administrator to commercially operate the UAS in the National Airspace System (NAS), and for an exemption from the requirements of 14 C.F.R §§ 61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b).

In consideration of the speed, weight, size, and limited operating area associated with the unmanned aircraft and its operation, ADR o peration of the UAS meets the conditions of FMRA Section 333 and therefore, will not requir e an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H.

Accordingly, ADR 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 th at only apply to

aircraft with an airworthiness certificate.

ADR submits that the requested relief is proper since an equivalent level of safety will be

ensured. ADR will use experienced personnel or technicians to perform maintenance, alterations,

or pre ventive maintenance on the UAS using the methods, techniques, and practices prescribed in the operating documents (i.e., Monthly Maintenance Log, and current Instruction and/or

Maintenance Manual). Furthermore, ADR will document and maintain all maintenanc e records

for each UAS.6

Relief from certain requirements of Section 61.113(a) and (b), entitled Private pilot privilege s and limitations: Pilot in command , is requested by ADR to the extent necessary to allow a Pilot in Command (PIC) holding a sport, recreational, priva t e pil ot or higher level certificate

, as well

as an airman medical certificate or valid U.S. driver’s license , and who has demonstr ated, by meeting minimum flight hour and currency requirements, that the PIC is able to safely operate the UAS in a manner consistent with this exemption, including evasive and emergency maneuvers and maintaining appropriate distances from people, vessels, vehicles and structures.

ADR seeks relief from Section 91.7(a), entitled Civil A ircraft A irworthiness

, because the UAS

ADR seeks to operate do not require an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H. As such, ADR submits that they will ensure that each UAS is in an airworthy condition, prior to every flight, by determining that the UAS are in compliance with the operating documents (i.e., Monthly Maintenance Log, and Instruction Manual), and that the aircraft are in a condition for safe flight.

ADR als o seeks an exemption from the requirements of Section 91.121, entitled Altimeter Settings , as the UAS i t seeks to operat e will not have a typical barometric altimeter onboard.

A ltitude information of the UAS will be provided to the PIC via Globa l Positioning System (GPS) equipment and radio communications telemetry data link, which downlinks from the UA to the GCS for active monitoring of the flight path. This altitude information, combined with

ADR ’s operation of the UAS within visual line of si ght, at or below 4 00 feet AGL, will ensure a level of safety equivalent to Section 91.121.

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

. ADR s ubmits that safety will not be affected by operation of the UAS during daylight hours in visual meteorological conditions (VMC) under visual flight rules (VFR), with enough battery power to fly for a total duration of approximately

15 minutes . Battery pow er indicators are also able to show exactly how much battery power is left, as well as how much time is needed to return safely back to point of departure

.
In accordance with 14 C.F.R. § 11.81, ADR provides the following information in support of its petiti on for exemption:

A. Name And Address Of The Petitioner.

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

Jason Melvin

Founder & President Elbow Grease Enterprises, LLC d/b/a A erial Drone Resources
9111 Cochran Bluff Lane Dallas, Texas 75220

469

- 766

- 3502 jason.melvin@melvinlegal.com7

B. The Specific Sections Of 14 C.F.R. From Which Aerial Drone Resources Seeks Exemption.

1. Aerial Drone Resources Seeks Exemption From The Requirements Of Section 61.113(a) And (b).

Section 61.113, entitl ed Private pilot privilege s 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 or property for compensation or hire; nor may that person, for compensation or hire, act as PIC of an aircraft.

(b) A privat e pilot 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 compensati on or hire.

2. Aerial Drone Resources 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 airw orthy condition.

3. Aerial Drone Resources 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 crui sing 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; or

(iii) In the case of an aircraft not equipped with a rad io, the elevation of the departure airport or an appropriate altimeter setting available before departure.

4. Aerial Drone Resources 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:8

(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, assu ming normal cruising speed, to fly after that for at least 20 minutes

.

5. Aerial Drone Resources 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[.]

6. Aerial Drone Resources 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 u nder § 43.7 of this chapter[.]

7. Aerial Drone Resources Seeks Exemption From The Requirements Of Sections 91.409(a)(1) And 91.409(a)(2).

Section 91.409, entitled Inspections , subsection (a), states the following:

(a) Except as provided in paragraph (c) of this section, no person may operate an aircraft unless, within the preceding 12 calendar months, it has had

--
(1) An annual inspection in accordance with part 43 of this chapter and has been approved for return to service by a person authorized by § 4 3.7 of this chapter; or

(2) An inspection for the issuance of an airworthiness certificate in accordance with part 21 of this chapter.

8. Aerial Drone Resources Seeks Exemption From The Requirements Of Sections 91.417(a) And 91.417(b).

Section 91.417, e ntitled Maintenance records , subsections (a) and (b), state the following:

(a) Except for work performed in accordance with §§ 91.411 and 91.413, each registered owner or operator shall keep the following records for the periods specified in paragraph (b) of this

section:

(1) Records of the maintenance, preventive maintenance, a nd alteration and records of the 100

- hour, annual, progressive, and other required or approved inspections, as appropriate, for each9

aircraft (including the airframe) and each engine, propeller, rotor, and appliance of an aircraft.

The records must include

--
(i) A description (or reference to data acceptable to the Administrator) of the work performed;

and

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

(iii) The signature, and certificate number of the person approving the aircraft for return to

service.

(2) Records containing the following information:

(i) The total time in service of the airframe, each engine, each propeller, and each rotor.

(ii) The current status of life

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

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

(iv) The current inspection status of the aircraft, including the time since the last inspection required by the i nspection program under which the aircraft and its appliances are maintained.

(v) The current status of applicable airworthiness directives (AD) and safety directives including, for each, the method of compliance, the AD or safety directive number and rev ision date. If the AD or 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 eng ines, 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 by other work or for 1 year after the work is performed.

(2) The records specified in paragraph (a)(2) of this section shall be retained and transferred with

the aircraft at the time the aircraft is sold.

(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 Aerial Drone Resources Seeks And T he Reason Aerial Drone

Resources Seeks The Relief.

1. Extent Of Relief Aerial Drone Resources Seeks And The Reason Aerial Drone Resources Seeks Relief From Section 61.113(a) And (b).

Relief from Section 61.113(a) and (b) entitled Private pilot privil ege s and limitations: Pilot in

command , is requested to the extent necessary to allow a PIC holding a private pilot or higher10

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

- hour and currency require ments, to conduct the proposed UAS flight operations for compensation or hire.

This relief is requested since the limitations set forth in Section 61.113(a) and (b) state that a private pilot may, for compensation or hire, act as PIC of an aircraft in con nection with any business or employment if: (1) The flight is only incidental to that business or employment; and (2) The aircraft does not carry passengers or property for compensation or hire.

As set forth more fully below, ADR submits that an equivalent level of safety will be maintained because no PIC will be allowed to operate the UAS unless that PIC has met certain flight

- hour and currency requirements, demonstrating that the PIC is able to safely operate either the UAS in

a manner consisten t 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.

A ll flights of the UA S co nducted by the PIC pursuant to the grant of this Petition will not carry passengers or property for compensation or hire.

2. Extent Of Relief Aerial Drone Resources Seeks And The Reason Aerial Drone Resources Seeks Relief From Section 91.7(a).

Relief fro m Section 91.7(a) entitled Civil aircraft airworthiness , is requested to the extent required to allow ADR to determine that the UAS are in airworthy condition prior to every flight by ensuring that the UAS is in compliance with the operating documents (i.e

., t he ADR Aerial Operations Manual, Monthly Maintenance Log, and the UAS Instruction Manual).

ADR seeks the requested relief because the U AS do not require an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H. Therefore, ADR will ensure that the 1 UAS are in airworthy condition based upon its compliance with the operating documents (i.e., Monthly Maintenance Log, and Instruct ion Manual ) prior to every flight, and further, determine that the

aircraft are in condition for safe f light, as stated in the conditions and limitations below.

3. Extent Of Relief Aerial Drone Resources Seeks And The Reason Aerial Drone Resources

Seeks Relief From Section 91.121.

Relief from Section 91.121, entitled Altimeter settings , may be required to allow flight operations of the UAS, which utilize a barometric pressure sensor, GPS equipment, and a radio communications telemetry data link to downlink altitude information from the UA to the PIC at the ground control station (GCS). Since the FAA require s that any altitude information concerning UAS operations be reported to air traffic control (ATC) in feet above ground level (AGL), ADR seeks the requested relief because the UA S altimeter may be set on the ground to zero feet AGL, rather than the local b arometric pressure or field altitude, before each flight.

Considering the limited altitude of the proposed operations, relief from 14 CFR 91.121 is sought to the extent necessary to comply with the applicable conditions and limitations stated below. As

mo re fully set forth herein, an equivalent level of safety will be maintained since the U AS are11

equipped with a barometric pressure sensor and GPS equipment, which automatically ensures that a ground level pressure setting will be established prior to each flight, and provides the PIC

with altitude information of the UA on the he ADR

- up display of the GCS.

4. Extent Of Relief Aerial Drone Resources Seeks And The Reason Aerial Drone Resources 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 UAS during daylight hours in visual meteorological conditions (VMC), under visual flight rules (VFR), for a total

duration of 23 minutes. ADR seeks the requested relief because without an exemption from Section 91.151(b), the flight time duration of the battery powered UAS will severely constrain the practicality of any aerial video or still photo flight operations that ADR p roposes to conduct pursuant to this Petition.

The technical specifications of the UAS operating documents, and ADR ’ s proposed operating limitations, ensure that ADR will safely operate the battery powered UAS during dayl ight hours in visual meteorological conditions (VMC), under visual flight rules (VFR), with enough battery power to fly for a total duration of at least 15 minutes

.

5. Extent Of Relief Aerial Drone Resources Seeks And The Reason Aerial Drone Resources Seeks Relief From Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), And 91.417(a) & (b).

Since Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b) only apply to aircraft with an airworthiness certificate, ADR requests relie f from these Sections because the

UAS do not require airworthiness certificates. As set forth more fully below, the UAS meet the conditions of FMRA Section 333 for operation without an airworthiness certificate. Accordingly,

ADR will use trained technicia ns to perform maintenance, alterations, or preventive maintenance

on the UAS using the methods, techniques, and practices prescribed in the UAS operating documents (i.e., the ADR Aerial Operations Manual, Monthly Maintenance Log, and Instruction Manual). F urthermore, ADR will document and maintain all maintenance records for the UAS

. D. The Reasons Why Granting Aerial Drone Resources 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 ADR to safely, efficiently, and economically perform aerial video and photography of construction sites, real

estate, events and civic landscape over certain areas of the United Sta tes.

Additionally, use of the UAS will decrease congestion of the NAS, reduce pollution, and provide significant benefits to the economy. Notably, the benefits of ADR ’s proposed operation of the

UAS will be realized without implicating any privacy issues.

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

The 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 of12

man ned aircraft needed to perform aerial acquisitions, an exemption allowing the use of the UAS would reduce the amount of manned aircraft in the NAS, red u ce noise and air pollution, as well as increase the safety of life and property in the air and on the gr ound.

By reducing the number of manned aircraft operating in the NAS, congestion around airports caused by arriving and departing aircraft will be reduced. The 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 Th e Safety And Efficiency Of The UAS.

Conducting aerial acquisitions with the UAS, 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 UAS produce no air pollution, and is the most viable environmentally conscious alternative to the cabin class, six cylinder internal combustion engine aircraft that are typicall y utilized for aerial video and photography, while burning approximately 20

- 30 gallons per hour of leaded

aviation fuel , as well as producing engine oil waste of between 8

- 10 quarts every fifty hours (per engine) . The U AS , while reducing the carbon footpri nt of aerial acquisitions, also eliminates noise pollution, as the UAS are propelled by battery powered electric motors, rather than an internal combustion engine.

By using the UAS 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 l ack of flight crew members located onboard the aircraft, the UAS ( weighing approximately 3.0 pounds with a diagonal dimension of approximately 24 inches , and with no fuel on board ), has less physical potential for collateral damage to life and property on the ground, and in the air, compared to the manned aircraft that typically conduct similar operations (weighing approximately 6,000 pounds with a wingspan of approximately 42 feet, a length of 34 feet, and a fuel capacity of 180 gallons).

3. Performing Ae rial Video and Photography Operations With The UAS Will Benefit The Economy.

In addition to being safe and efficient, the UA S are also an economical alternative to using manned aircraft to conduct similar aerial operations. As such, operation of the UAS will allow United States based companies, like ADR , to remain competitive 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 leade d aviation fuels, U.S. owned and operated companies must adopt new and alternative technology in order to remain competitive. Operating the battery powered U AS is one such technology that not only allows companies greater operational flexibility compared t o manned aircraft, but provides such flexibility without the high operational cost of a traditional manned aircraft.13

By operating the UAS, companies such as ADR , can remain competitive and profitable, and therefore, provide greater job stability to employ ees and contractors, which will ultimately contribute to growth of the U.S. economy. Improved financial performance of U.S. companies, through commercial use of the U AS, provides a stable workforce that increases consumer spending; improves local, state, a nd federal tax revenues; and allows companies to invest in research and development in order to remain competitive both in the United States and abroad.

4. There Are No Privacy Issues.

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

ADR ’s proposed operation of the UAS will not implicate any privacy issues. Specifically, the

U AS will be operated i n compliance with state, federal and local laws, operating documents (i.e.,

ADR Aerial Operations Manual, Monthly Maintenance Log, and Instruction Manual) which requires property 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 Aerial Drone Resources Seeks Exemption.

1. Reasons Why The UA S 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, ADR ’s operation of the UAS meet the c onditions of FMRA Section 333, and will not require an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H.

Section 333 provides authority for a UAS to operate without airworthiness certification and sets forth requirements for consi dering 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 subt itle, and not later than 180 days after the date of enactment of this Act, the Secretary of Transportation shall determine if certain unmanned aircraft systems may operate safely in the national airspace system before completion of the plan and rulemaking required by section 332 of this Act or the guidance required by section 334 of this Act.

(b) Assessment of Unmanned Aircraft Systems.

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

--
(1) which types of unma nned aircraft systems, if any, as a result of their size, weight, speed, operational capability, proximity to airports and populated areas, and operation within visual line of sight do not create a hazard to users of the national airspace system or the pub lic or pose a threat to national security; and14

(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, ADR submits that the UAS can operate safely in the NAS pursuant to FMRA Section 333, as demonstrated by: (a) the characteristics of the UAS ; (b) the p ilot certification requirement; and (c) the specific operating limitations.

a. The Specifications Of The U AS Demonstrate Its Safe Characteristics.

The UAS do not create a hazard to users of the NAS or the public, or otherwise pose a threat to national security considering its size, weight, speed, and operational capability.

i. Technical Specifications Of The U AS

. The technical specifications of the UAS are set forth by the DJI Phantom 3 Professional

, Inspire

1

, 3DR Solo and X8+ Use r Manual , att ached hereto as Appendix A

.

ii. The UAS Global Positioning Modes Enable The UAS To Remain Within A Defined Operational Area.

The U AS may be operated in both manual and global positioning flight modes. A complete description of the flight and navigational modes of the UAS is provided in the above referenced User Manual(s).

iii. The UAS Are Designed For Automatic Return To Home Point Or Hover In The Event

Of Loss Of The Control Link Or Navigation.

When the Control Link is lost, the UAS will remain stationary, in flight, and if the UAS do not reacquire control link data from the GCS, the UAS will assume that the Control Link is lost and

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

A complete description of the Failsaf e Functions of the UAS are set forth in the attached User Manual(s) attached hereto as Appendix A

.

iv. The GCS And Its Operation.

A complete description of the operation and specifications of the GCS and flight control software

is set forth in the attached User Manual(s) attached hereto as Appendix A

.15

b. Flight Operations Of The UAS Is Limited To The Line Of Sight Of A Certificated Pilot in Command With A Safety Observer.

ADR staff will be the only person s to act as a pilot in command (PIC) of the UAS . Additionally, a safety observer will assist a t all times during flight time.

c. Fli ghts Of The UAS Will Be Conducted Pursuant To Specific Operating Limitations.

In seeking this exemption, ADR proposes to commercially operate the UAS for the special purpose of conducting aerial data collection (as defined herein) 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 UAS weighing less than 55 pounds maximum gross weight: DJI Phantom 3 Professional

, Inspire 1

, 3DR Solo and X8+ Unmanned Aircraft Systems. Proposed operations of any other aircraft will require a new petition or a petition to amend this grant.

2. UAS operations under this exemption will be limited to conducting operations for the purpose

of aerial data collection

.

3. The UA S may not be flown at an indicated airspeed exceeding 20 knots.

4. The UA S must be operated at an altitude of no more than 4 00 feet above ground level (AGL), as indicated by the procedures specified in the operating documents 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 o f sight (VLOS) of the PIC at all times. This requires the PIC to be able to use human vision unaided by any device other than corrective lenses, as specified on the PIC’s FAA

- issued airman medical certificate.

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

7. All operations must utilize a safety observer (SO). The SO may be used to satisfy the VLOS requirement as long as the PIC always maintains VLOS capability. The SO and PIC must be able

to communicate verball y 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 t he functions prescribed in the operating documents.

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

camera or other instruments.

9. The operating documents and the grant of exemption must be accessible during 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 as16

outlined in its operating do cuments. 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

revised 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 its gra nt of exemption. The FAA’s UAS Integration Office (AFS

- 80) may be contacted if questions arise regarding updates or revisions to the operating documents.

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

fl ight. 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 Contr ol Station must be included in the preflight inspection. All maintenance and alterations must be properly documented in the aircraft

records.

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

records.

12. The pre

- flight inspection must account for all potential discrepancies , e.g. inoperable components, items, or equipment, not 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 li mit 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 n oted in the aircraft records, including total time in service, description of work accomplished, and the signature of the authorized person returning the UAS to service.

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

B ulletins.

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

17. The PIC must possess at least a private , sport or recreational pilot certificate and a valid state
issued driver’s license.

18. The operator may not permit any PIC to o perate unless the PIC meets the operator’s qualification criteria and demonstrates the ability to safely operate the UAS in a manner consistent with how the UAS will be operated under the exemption, including evasive and emergency maneuvers and maintaining appropriate distances from pers ons, vessels, vehicles and17

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, trainin g operations may only be conducted during dedicated training sessions. During training, proficiency, and experience

- building flights, all persons not essential for flight operations are considered nonparticipants, and the PIC must operate the UA S with

appr opriate 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 visual meteorological conditions (VMC). If flight at n ight 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 poin t 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 th e airport management 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 PIC.

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

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

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

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

and land the UA S 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 a ny operations that fall outside the grant of exemption. All operations shall be conducted in accordance with airspace requirements in the ATO issued COA including class of airspace, altitude level and potential transponder requirements.

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

- Number) markings in accordance with 14 C.F.R. part 45, Subpart C. Markings must be as large as practicable.

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

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

at the Ground Control Station of the UAS any time the UAS is operating. These documents must be made available to the Administrator or any law enforcement official upon request.18

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

activities a t all times.

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

31. Flight operations must be conducted at least 500 feet from all nonparticipating persons (persons other than the PIC, SO, operator trainees or essential persons) , vessels, vehicles, and

structures unless:

a. Barriers or structures are present that sufficiently protect nonparticipating persons from the

UA S and/or debris in the event of an accident. The operator must ensure that nonparticipating persons remain unde r such protection. If a situation arises where nonparticipating persons leave such protection and are within 500 feet of the UA S , flight operations must cease immediately and/or;

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

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

32. All operations shall be conducted over private or controlled

- access property with permission

from the land owner/controller or authori zed representative. Permission from land owner/controller or authorized representative will be obtained for each flight to be conducted.

33. Any incident, accident, or flight operation that transgresses the lateral or vertical boundaries of the operational area as defined by the applicable COA must be reported to the FAA's UAS Integration Office (AFS

- 80) within 24 hours. Accidents must be reported to the National Transportation Safety Board (NTSB) per instructions contained on the NTSB Web site: www.ntsb.go v.

2. Reasons Why An Exemption From The Requirements Of Section 61.113(a) And (b) Would Not Adversely Affect Safety.

ADR 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 UAS unless that PIC has demonstrated, by meeting minimum flight

- hour and currency requirements, that the PIC is able to safely operate the UAS in a manner consistent with the exemption, including evasive and emergency maneuvers and maintain ing appropriate distances from people, vessels, vehicles and

structures.

Considering ADR ’s proposed area of operations, and the operating limitations set forth

- above; the parallel nature of private pilot aeronautical knowledge requirements to those of com mercial pilot requirements ( See Exemption No. 11062); and the airmanship skills necessary to safely operate the UAS, ADR submits that the additional manned airmanship experience of a19

commercially certificated pilot would not correlate to the airmanship ski lls necessary for ADR ’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, 1 1136, 11138, 11150, 11153, 11156, 11158, 11159, 11160, 11161).

ADR will not allow any PIC to operate the UAS unless that PIC has demonstrated, by meeting minimum flight

- hour requirements or the UAS training and currency requirements, that the PIC

is able to safely operate the UAS in a manner consistent with this exemption, 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 minimum of 5 hours of those hours as a UAS pilot operating the same make and model of UAS to be used for operations under the exemption). In addition to the hour requirements, the PIC must accomplish 3 takeoffs and landings in the preceding 90 days (for currency purposes).

As in Exemption Nos. 11062, 11138, and 11153, prior documented flight expe rience that was obtained in compliance with applicable regulations will ensure an equivalent level of safety during ADR ’s proposed operations. The Administrator has held that prior documented flight experience that was obtained in compliance with applicabl e regulations would ensure safe operations, stating as follows:

In Exemption No. 11062, the FAA required that prior to conducting operations for the purpose of motion picture filming (or similar operations), the PIC must have accumulated and logged, in a manner consistent with 14 CFR 61.51(b), 25 hours of total time as a UAS rotorcraft pilot including at least 10 hours logged as a UAS pilot with a multi

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

of multi

- rotor time and the 10 hours may be included in the total 25 hours of UAS rotorcraft time. In addition to the hour requirements, the PIC must accomplish 3 takeoffs and landings in the preceding 90 days (for c urrency 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 tha t prior documented flight experience that was obtained in compliance with applicable regulations would satisfy this requirement. Training, proficiency, and experience

- building flights can also be conducted under the grant of exemption to accomplish the req uired 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 )20

Accordingly, ADR will ensure safe operations by not allowing any PIC to operate the UAS unless that PIC has demonstrated, by meeting minimum flight

- hour and currency requirements, that the PIC is able to safely operate the UAS in a manner consistent with the exemption, including evasive and emergency maneu vers 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 maintained because prior to every flight, ADR will ensure that the U AS 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 pr eviously granted relief from Section 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,

1115 3, 11156, 11157, 11158, 11159, 11160, 11161).

4. 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 maintained because the

altitude infor mation of the UAS will be provided to the PIC 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 The ADR ’s operation of the UAS within visual line of sight, at or below 500 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 zer o altitude initiation point is automatically established by the UAS at ground level.

The FAA has previously granted relief from Section 91.121 specific to UAS, in circumstances similar, in all material respects, to those presented herein (e.g. Exemption N os. 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11112, 11136, 11138, 11150, 11153, 11156, 11157, 11158, 11159, 11160, 11161).

5. Reasons 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 UAS ; (2) the limitations on the proposed flight operations; and (3) the location of the proposed fli ght operations. Accordingly, ADR will ensure that it will safely operate the battery powered U AS during 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 s pecifications of the UAS ; the limitations on the proposed flight operations; and the location of the proposed operations, will ensure an equivalent21

level of safety established by 14 C.F.R. Section 91.151(b). Furthermore, safety will be ensured as

the U AS p rovide 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 b attery level, the UAS will descend and land automatically.

Significantly, previous exemptions granted by the FAA concerning Section 91.151 establish that safety is not adversely affected when the technical 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, 11067, 11080, 11109, 11110, 11136, 11138, 11150, 11153, 11156, 11157, 11158, 11159, 11 160, 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 Safety.

In seeking this exemption, ADR 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 ADR will use

trained technicia ns to perform maintenance, alterations, or preventive maintenance on the UAS using the methods, techniques, and practices prescribed in the operating documents (i.e., the

ADR Aerial Operations Manual, Monthly Maintenance Log, and Instruction Manual).

Furth ermore, ADR will document and maintain all maintenance records for the UAS.

Since the UAS will be inspected as prescribed by the operating documents, ADR will maintain the equivalent level of safety established by Sections 91.405(a), 91.409(a)(1), and 91. 409(a)(2). A copy of the UAS User Manuals are attached hereto as Appendix A

, B and C

. Likewise, the exemption sought will not adversely affect safety because ADR 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 exemption 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 UAS will be performed by trained technicians. Maintenance will be documented and maintained utilizing the monthly maintenance log.

Significantly, previous exemptions 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 ADR ’s proposed operating limitations, the operating documents, and the

techn ical aspects of the UAS

, ADR submits that safety 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), and22

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).

7. The FAA May Pr escribe 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

, ADR requests that the FAA prescribe special conditions for the intended operation of the UAS , 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 §§ 61.113(a) & (b), 91.7 (a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b). Such special conditions will permit safe operation of the UAS for the limited purpose of conducting aerial video and phot ography over certain areas of the United States for compensation or hire. FMRA Section 333 sets forth the requirements for considering whether a UAS will create a hazard to users of the NAS or the public, or otherwise pose a threat to national security; an d further, provides the authority for such UAS to operate without airworthiness certification in accordance with any requirements that must be established for the safe operation of the UAS in the NAS.

Likewise, the Administrator may prescribe special conditions pursuant to 14 C.F.R. § 21.16, for operation of the UAS , 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 following:

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

unusua l design feature of the aircraft, aircraft engine or propeller, he prescribes special conditions and amendments thereto for the product. The special conditions are issued in accordance with Part 11 of this chapter and contain such safety standards for the aircraft, aircraft engine or propeller as the FAA finds necessary to establish a level of safety equivalent to that established in the regulations.

See 14 C.F.R. § 21.16.

Therefore, in accordance with FMRA Section 333 and 14 C.F.R. § 21.16, the FAA may

pr escribe special conditions for Leading Edge’s intended operation of the UAS , 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 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).23

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

Which Aerial Drone Resources Seeks Exemption:

Aerial Drone Resources 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 Aerial Drone Resources Seeks:

This exemption will permit Aerial Drone Resources to commercially operate an Unmanned Aircraft System (UAS) for the purpose of conducting aerial imagery, video and photography over certain areas of the United States.

Any Addi tional Information, Views, Or Arguments Available To Support Aerial Drone

Resources Request.

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, Aerial Drone Resources request for exemption 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 consi dering whether a UAS will create a hazard to users of the NAS or the public, or otherwise pose a threat to national security; and further, provides the authority for such UAS to operate without airworthiness certification.

As discussed in detail above, Ae rial Drone Resources will operate the DJI Phantom 3

Professional , Inspire 1

, 3DR Solo and X8+ UAS safely in the NAS, without creating a hazard to users of the NAS, or the public, or otherwise pose a threat to national security.

CONCLUSION

As set forth herein, Aerial Drone Resources seeks an exemption pursuant to 14 C.F.R. § 11.61 and Section 333 of the FAA Modernization and Reform Act of 2012 (FMRA), which will permit safe operation of the DJI Phantom 3 Professional

, Inspire 1

, 3DR Solo and X8+ UAS commercially, without an airworthiness cert ificate, for the limited purpose of conducting aerial

data collection 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, wh ile also advancing the interests of the public, by allowing Aerial Drone

Resources to safely, efficiently, and economically operate the se UAS commercially within the

NAS.

WHEREFORE , in accordance with the Federal Aviation Regulations and the FAA

Moderniza tion and Reform Act of 2012, Section 333, Aerial Drone Resources 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 Aerial Drone Resources t o operate the24

DJI Phantom 3 Professional

, Inspire 1

, 3DR Solo and X8+ UAS commercially for the purpose of conducting aerial data collect ion over certain areas of the United States.

Dated: October 19, 2015

Respectfully submitted,

Jason Melvin

Founder & President Elbow Grease Enterprises, LLC d / b /a Aerial Drone Resources

9111 Cochran Bluff Lane Dallas, Texas 75220
469

- 766

- 3502 Jason.melvin@melvinlegal.com25

Appendices :

A

– Link to DJI Phantom 3 Manual: Click on link below

http://download.dj i

innovations.com/downlo ADR /phantom_3/en/Phantom_3_Professional_User_Manual_v1.4_en_0 915.pdf

B

– Link to DJI Inspire I Manual: Click on link below

http://download.dji

innovations.com/downlo ADR /inspire_1/en/Inspire_1_User_Manual_v1.4_en.pdf

C

– Link to 3DR Solo Manual: Click on link below

https://3drobotics.com/wp

- conten t/uploads/2015/09/v6_09_22_15.pdf

D

– Link to 3DR X8+ Solo Manual: Click on link below

https://3drobotics.com/wp

- content/uploads/2015/04/X8

- Operation

- Manual

- vC.pdf