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:**  **TERRANCE R. HESTER dba. TERRANCE R. HESTER DBA. REAL TIME**  **AVIATION , LLC**  **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), 91.4**  **07(a)(1), 91.409(a)(1) & (a)(2), AND 91.417(a) & (b) CONCERNING COMMERCIAL**  **OPERATION OF DJI Phantom 3 Professional**  **UNMANNED AIRCRAFT SYSTEMS PURSUANT TO SECTION 333 OF**  **THE FAA MODERNIZATION AND REFORM**

**ACT OF 2012 (PUBLIC LAW 112**  **- 95)** 

Submitted on November 1 1 , 2015 Terrance R. Hester dba. Terrance R. Hester dba. Real Time Aviation 447 Georgiana Drive Middletown, Delaware 19709 Tel: (856) 905

- 81962 **TABLE OF CONTENTS** Page GLOSSARY OF ABBREVIATIONS............................................. ......................................3 SUMMARY...................................................................................................................... .....4 IN TRODUCTION AND INTERESTS OF PETITIONER....................................................4 BACKGROUND................................................................................................................... .4 BASI S FOR PETITION............ .............................................................................................5 NAME AND ADDRESS OF PETITIONER.............................................................7 THE SPECIFI C SECTIONS OF 14 C.F.R. FROM WHI CH TERRANCE R. HESTER DBA. REAL TIME AVIATION SEEKS EXEMPTION.................................................................

....... ..................................... 8 THE EXTENT OF RELIEF TERRANCE R. HESTER DBA. REAL TIME AVIATION SEEKS AND THE REASON TERRANCE R. HESTER DBA. REAL TIME AVIATION SEEKS THE RELIEF...

...................................... ..................... ....................................... 11 THE REASONS WHY GRANTING TERRANCE R. HESTER DBA. REAL TIME AVIATION ’S REQUEST WOULD BE IN THE PUBLIC IN TEREST......

....................................... ............... ....................................15 THE REASONS WHY GRANTING THE EXEMPTI ON WOULD NOT ADVERSELY AFFECT SAFETY..........................................................................19 SUMMARY THAT CAN BE PUBLISHED IN THE FEDERAL REGI STER......34 ANY ADDITIONAL INFORMATION, VIEWS, OR ARGUMENTS AVAILABLE TO SUPPORT TERRANCE R. HESTER DBA. REAL TIME AVIATION ’S REQUEST.........

...................................................................................................... 34 CONCLUSION............... .....................................................................................................3 63 **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 FAA Federal Aviation Administration FAR Federal Aviation Regulation GCS Ground Control Station GPS Global Positioning System LOL Loss of Link NAS Nat ional 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 L ine of Site VMC Visual Meteorological Conditions VTOL Vertical Takeoff and Landing4 **SUMMARY** Terrance R. Hester dba. Real Time Aviation 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 Sy stem pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (FMRA). This exemption will permit Terran ce R. Hester dba. Real Time Aviation to operate an Unmanned Aircraft Sy stem (UAS) for the commercial purpose of conducting aerial video and photography within the National Airspace S ys tem (NAS).

**INTRODUCTION AND INTERESTS OF THE PETITIONER** Terrance R. Hester dba. Real Time Aviation provides its clients with the highest quality digital content for use in their commercial and personal multimedia projects. The objective of Terrance R. Hester dba. Real Time Aviation ’s aerial video and photography operation s is to provide high quality imaging for a variety of comme rcial, public, and residential uses, specifically targeting:

 Aerial Photograph y and Cinema

- photograph y

 Real estate and private property aerial photography

 Aerial acquisitions used for inspections of public and private structures.

 In crease public knowledge of UAS and promote safe UAS operations. **BACKGROUND** Unmanned Aircraft Sy stems: DJIPhantom 3 Professional Terrance R. Hester dba. Real Time Aviation seeks an exemption to operate DJ I sy stems for compensation or hire within the NAS. The DJ I Phantom 3 Professional are5

vertical takeoff and landing (VTOL) Unmanned Aircraft (UA) with a Ground Control Station (GCS) utilizing electronic tablet or smart phone system s. The DJ I Phantom 3 Professional has a maximum gross weight of approximately 2.82 pounds , while having a length of 16 inches width of 16 inches, height of 8 inches, and a maximum speed of approximately 29 knots. The DJIPhantom 3 professional is equipped with four main rotors , each being driven b y Lithium Poly mer battery

powered electric motor. The DJ I Phantom 3 Professional will be operated by Terrance R. Hester dba. Real Time Aviation will be registered in accordance with 49 U.S.C. 44103, Registration o f 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

. **BASIS FOR PETITION** Petitioner, Terrance R. Hester dba. Real Time Aviation , 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 to commercially operate the DJI Phantom 3 Professional 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, Terrance R. Hester dba. Real Time Aviation ’s operation of the DJ I Phantom 3 Professional meets the conditions of FMRA6

Section 3 33 and therefore, will not require an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H. Accordingl y, Terrance R. Hester dba. Real Time Aviation requests relief from Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.4 17(a) & (b), as these sections set forth requirements for maintenance that only appl y to aircraft with an airworthiness certificate. Terrance R. Hester dba. Real Time Aviation submits that the requested relief is proper since an equivalent level of safety will be ensured. Terrance R. Hester dba. Real Time Aviation will use experienced personnel or technicians to perform maintenance, alterations, or preventive maintenance on the DJ I Phantom 3 Professional using the methods, techniques, and practices prescribed in the operating documents (i.e., Monthly Maintenance Lo g, and DJIPhantom 3 Professional In struction Manual s ). Furthermore, Terrance R. Hester dba. Real Time Aviation will document and maintain all maintenance records for the DJ I Phantom 3 Professional. Relief from certain requirements of Section 61.113(a) and (b), entitled Private pilot privileges and limitations: Pilot in command, is requested by Terrance R. Hester dba. Real Time Aviation to the extent necessary to allow a Pilot in Command (PI C) hol ding 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 DJI Phantom 3 Professional in a mann er consistent with this exemption, including evasive and emergency maneuvers and maintaining appropriate distances from people, vessels, vehicles and structures.7 Terrance R. Hester dba. Real Time Aviation seeks relief from Section 91.7(a), entitled Civil aircraft airworthiness , because the DJI Phantom 3 Professional UAS s do not require an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H. As such, Terrance R. Hester dba. Real Time Aviation submits that it will ensure that the DJ I Phantom 3 Professional UAS s are in an airworthy condition, prior to every flight, by determining that the DJ I Phantom 3 Professional UAS s are in compliance with the operating documents (i.e., Monthly Maintenance Log, and DJ I Phantom 3 Professional Instruct ion Manual s ), and that the aircraft are in a condition for safe flight. Terrance R. Hester dba. Real Time Aviation also seeks an exemption from the requirements of Section 91.121, entitled Altimeter Settings , as the DJ I Phantom 3 Professional UA S s will no t have a typical barometric altimeter onboard. However, altitude information of the DJ I Phantom 3 Professional UA S s will be provided to the PI C via Global Positioning System (GPS) equipment and radio communications telemetry data link, which downlinks from the UA s to the GCS for active monitoring of the flight path. This altitude information, combined with Terrance R. Hester dba. Real Time Aviation ’s operation of the DJ I Phantom 3 Professional UAS s within visual line of sight, at or below 4 00 feet AGL, will ensure a level of safety equivalent to Section 91.121. Additionally , Terrance R. Hester dba. Real Time Aviation s eeks an exemption from the requirements of Section 91.151(b), entitled Fuel requirements for flight in VFR conditions

. Terrance R. Hester dba. Real Time Aviation submits that safety will not be affected b y operation of the DJ I Phantom 3 Professional UA S s d uring daylight hours in visual meteorological conditions (VMC) under visual flight rules (VFR), with enough battery power to fly

for a total duration of approximately 13.5 minutes to the first point of8

intended landing and, assuming normal cruising speed, to fl y after that for at least 4.5 minutes. In accordance with 14 C.F.R. § 11.81, Terrance R. Hester dba. Real Time Aviation 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: Terrance R. Hester dba. Real Time Aviation 447 Georgiana Drive Middletown, Delaware 19709 Tel: (856) 905

- 8196 Email: terrance.hester@gmail.com **B. The Specific Sections Of 14 C.F.R. From Which Terrance R.**  **Hester dba. Real Time Aviation**  **Seeks Exemption. 1.**  **Terrance R. Hester dba. Real Time Aviation Seeks Exemption From The**  **Requirements Of Section 61.113(a) And (b).** Section 61.113, entitled Private pilot privileges and limitations: Pilot in command, subsections (a) and (b) prescribe the following, in relevant part: (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 property for compensation or hire; nor may

that pers on, 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 any 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 property

for compensation or hire.

**2. Terrance R. Hester dba. Real Time Aviation**  **Seeks Exemption From The Requirements Of Section 91.7(a).**  Section 91.7, entitled Civil aircraft airworthiness , subsection (a), states the following:9 (a) No person may

operate a civil aircraft unless it is in an airworthy condition. **3. Terrance R. Hester dba. Real Time Aviation**  **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; or (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. Terrance R. Heste**  **r dba. Real Time Aviation 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. Terrance R. Hester dba. Real T**  **ime Aviation 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

—10 (a) Shall have that aircraft inspected as prescribed in su bpart 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. Terrance R. Hester dba. Real Time Aviation**  **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. Terrance R. Hester**  **dba. Real Time Aviation 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 o perate 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. Terrance R. Hester dba. Real Time Aviation**  **Seeks Exemption From The Requirements Of Sections 91.417(a) And 91.417(b).**  Section 91.417, entitled Maintenance records , subsections (a) and (b), state the following: (a) Except for work performed in accordance with §§ 91.411 and 91.413, each registered owner or operator shall keep the 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) and11 each engine, prop eller, 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) Th e current status of life

- limited parts of each airframe, engine, propeller, rotor, and appliance. (iii) The time since last overhaul of all items installed on the aircraft which are required to be overhauled on a specified time basis. (iv) The current in spection 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 dire ctives including, for each, the method of compliance, the AD or safety directive number and revision date. If the AD or safety directive involves recurring action, the time and date when the next action is required. (vi) Copies of the forms prescribed 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 retained and transferred with the aircraft at the time the aircraft is sold.12 (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**  **Terrance R. Hester dba. Real Time Aviation Seeks And The**  **Reason Terrance R. Hester dba. Real Time Aviation**  **Seeks The Relief. 1. Extent Of Relief**  **Terrance R. Hester dba. Real Time Aviation Seeks And**  **The Reason Terrance R. Hester dba. Real Time Av**  **iation 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. This relief is requested since the limitations set f orth in Section 61.113(a) and (b) state that a private pilot may , for compensation or hire, act as PI C of an aircraft in connection with any 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 property for compensation or hire. As set forth more full y below, Terrance R. Hester dba. Real Time Aviation submits that an equivalent level of safety will be maintained because no PIC will be allowed to operate the DJ I Phantom 3 Professional UAS s unless that PI C has met certain flight

- hour and currency

requirements, demonstrating that the PI C is able to safely operate the DJ I Phantom 3 Professional UAS s in a manner consistent with the operation specifications as described in this exemption, including evasive and emergency maneuvers, as well as maintaining appropriate distances from people, vessels, vehicles and structures.13 Further, Terrance R. Hester dba. Real Time Aviation submits that all flights of the DJIPhantom 3 Professional UAS s , conducted b y the PI C pursuant to the grant of this Petition: (1) will be incidental to Terrance R. Hester dba. Real Time Aviation ’s business; and (2) will not carry

passengers or property for compensation or hire. **2. Extent Of Relief Terrance R. Hester dba. Real Time Aviation**  **Seeks And The Reason**  **Terrance R. Hester dba. Real Time Aviation 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 Terrance R. Hester dba. Real Time Aviation to determine that the DJIPhantom 3 Professional UAS s are in airworthy condition prior to every flight by ensuring that the UAS is in compliance with the operating documents (i.e., Monthly Maintenance Lo g, and DJIPhantom 3 Professional In struction Manual s ). Terrance R. Hester dba. Real Time Aviation seeks the requested relief because the DJIPhantom 3 P rofessional UAS s do not require an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H. Therefore, Terrance R. Hester dba. Real Time Aviation will ensure that the DJ I Phantom 3 Professional UAS s are in airworthy condition based upon i ts compliance with the operating documents (i.e., Monthly Maintenance Log, and DJIPhantom 3 Professional In struction Manual s ) 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 Terrance R. Hester dba. Real Time Aviation**  **Seeks And The Reason**  **Terrance R. Hester dba. Real Time Aviation 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 UAS s , because the DJ I Phantom 3 Professional UAs’ altitude reporting equipment may be set on the ground to zero feet14

AGL, rather than local barometric pressure or field altitude, before each flight. The DJ I Phantom 3 Professional UASs utilize a barometric pressure sensor, GPS equipment, and a radio communications telemetry data link to downlink altitude information from the UAs to the PI C at the ground control station (GCS). Considering the limited altitude of the proposed operations, relief from 14 C.F.R. 91.121 is sought to the extent necessary to comply

with the applicable conditions and limitations stated below. As more full y set f orth herein, a level of safety equivalent to Section 91.121 will be ensured as the altitude of the DJ I Phantom 3 Professional UAs will be reported to air traffic control (ATC) in feet above ground level (AGL), and Terrance R. Hester dba. Real Time Aviation will operate the DJIPhantom 3 Professional UAs within visual line of sight, at or below 400 feet AGL. **4. Extent Of Relief Terrance R. Hester dba. Real Time Aviation**  **Seeks And The Reason**  **Terrance R. Hester dba. Real Time Aviation 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 UA s during daylight hours i n 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. Terrance R. Hester dba. Real Time Aviation 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 UA s will severel y constrain the practicality of any aerial video or still photo fl ight operations that Terrance R. Hester dba. Real Time Aviation proposes to conduct pursuant to this Petition.15 Significantl y, as set forth below, the technical specifications of the DJ I Phantom 3 Professional UAS s , the DJIPhantom 3 Professional UAS s operating documents, and Terrance R. Hester dba. Real Time Aviation ’s proposed operating limitations, ensure that Terrance R. Hester dba. Real Time Aviation will safel y operate the battery powered DJ I Phantom 3 Professional UA s during daylight hours in vi sual meteorological conditions (VMC), under visual flight rules (VFR), with enough battery power to fly

for a total duration of 13.5 minutes to the first point of intended landing and, assuming normal cruising speed, to fl y after that for at least 4.5 minutes. **5. Extent Of Relief Terrance R. Hester dba. Real Time Aviation**  **Seeks 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)

o nly appl y to aircraft with an airworthiness certificate, Terrance R. Hester dba. Real Time Aviation requests relief from these Sections because the DJ I Phantom 3 Professional UAS s do not require airworthiness certificates. As set forth more fully below, th e DJIPhantom 3 Professional UAS s meet the conditions of FMRA Section 333 for operation without an airworthiness certificate. Accordingl y, Terrance R. Hester dba. Real Time Aviation will use trained technicians to perform maintenance, alterations, or preventive maintenance on the DJ I Phantom 3 Professional UAS s using the methods, techniques, and practices prescribed in the DJ I Phantom 3 Professional UAS operating documents (i.e., Monthly Maintenance Lo g, and DJIPhantom 3 Professional In struction Manuals ). Furthermore, Terrance R. Hester dba. Real Time Aviation will document and maintain all maintenance records for the DJ I Phantom 3 Professional UAS s .16

**D. The Reasons Why Granting Terrance R. Hester dba. Real Time Aviation**  **’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 Terrance R. Hester dba. Real Time Aviati on to safel y, efficiently , and economically perform aerial video and photograph y within the NAS. Additionally , use of the DJIPhantom 3 Professional UAS s will decrease congestion of the NAS, reduce pollution, and provide significant benefits to the economy . Notably , the benefits of Terrance R. Hester dba. Real Time Aviation ’s proposed operation of the DJ I Phantom 3 Professional UAS s will be realized without implicating any privacy issues. **1. The Public Will Benefit From Decreased Congestion Of The NAS.** The DJ I Phantom 3 Professional UA S 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 allowing the use of a DJIPhantom 3 Professional UAS s would reduce the amount of manned aircraft in the NAS, reduce noise and air pollution, as well as increase the safety of life and property in the air and on the ground. Furtherm ore, by

reducing 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 UA s do not require an airport to takeoff or land. L ikewise, a reductio n of manned aircraft conducting aerial video and photography missions would result in fewer aircraft that must be handled b y air traffic control during the ground, takeoff, departure, arrival, and landing phases of flight operations.17 **2. The Public Will B enefit From The Safety And Efficiency Of The**  **DJI Phantom 3 Professional**  **UAS s**  **.** Conducting aerial acquisitions with the DJIPhantom 3 Professional UAS s , 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 D JIPhantom 3 Professional UAS s produce no air pollution, and are the most viable environmentall y conscious alternative to the cabin class, six cylinder internal combustion engine aircraft that are ty picall y utilized for aerial video and photography, while burning approximately 20

- 30 gallons per hour of leaded aviation fuel. The DJ I Phantom 3 Professional UA s , while reducing the carbon footprint of aerial acquisitions, also eliminate noise pollution, as the UA s are propelled b y battery powered electric motor s, rather than an internal combustion engine. By

using the DJ I Phantom 3 Professional 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 completel y eliminated. Aside from the lack of flight crew members located onboard the aircraft, the DJ I Phantom 3 Professional UA s have less phy sical potential for collateral damage to life and property on the ground, and in the air, compared to the manned aircraft that ty picall y 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).18 **3. Performin g Aerial Video and Photography Operations With The**  **DJI Phantom 3 Professional**  **UA S**  **s Will Benefit The Economy.**  In addition to being safe and efficient, the DJ I Phantom 3 Professional UAS s are also an economical alternative to using manned aircraft to conduct similar aerial operations. As such, operation of the DJ I Phantom 3 Professional UAS s will allow United States based companies, like Terrance R. Hester dba. Real Time Aviation ’s , to remain competitive and contribute to growth of the U.S. economy . Specificall y, 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 DJ I Phantom 3 Professional UAS s is one such technology that not only

allows companies greater operational flexibility compared to manned aircraft, but provides su ch flexibility without the high operational cost of a traditional manned aircraft. By operating the DJ I Phantom 3 Professional UAS s , companies such as Terrance R. Hester dba. Real Time Aviation ’s , can remain competitive and profitable, and therefore, provide greater job stability to employees 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 DJ I Phantom 3 Professional UAS s , provides a stable workforce that increases consumer spending; improves local, state, and federal tax revenues; and , allows companies to invest in research and development in order to remain competitive both in the Unite d States and abroad. **4. There Are No Privacy Issues.** Similar to the manned aerial acquisition flight operations that have been conducted for decades, Terrance R. Hester dba. Real Time Aviation ’s proposed operation of the DJ I19

Phantom 3 Professional UAS s will not implicate any privacy issues. Specifically , the DJ I Phantom 3 Professional UAS s will be operated only in compliance with operating documents (i.e., Monthly Maintenance Lo g, and DJIPhantom 3 Professional In struction Manuals ) which requires proper ty 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 A ffect Safety,**  **Or How The Exemption Would Provide A Level Of Safety At Least Equal To That Provided By The Rule From Which**  **Terrance R. Hester dba. Real Time Aviation Seeks Exemption.**  **1. Reasons Why The DJI Phantom 3 Professional**  **UA S**  **s Meet The Conditions**  **O f 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, Bird’s Eye Photography ’s operation of the DJIPhantom 3 Professional UAS s meet s the conditions of FMRA Section 333, and will not require an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H. Section 333 provides authority for a UAS to operate without airworthiness certification and sets forth requirements for considering whether a UAS will create a hazard to users of the NAS or the public, or otherwise pose a threat to national security. Specificall 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 certain unmanned aircraft systems may operate safely in the national airspace system before completi on 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 min imum

--20 (1 ) which types of unmanned aircraft systems, if any, as a result of their size, weight, speed, operational capability, proximity to airports and populated areas, and operation within visual line of sight do not create a hazard to users of the nati onal airspace system or the public or pose a threat to national security; and (2 ) whether a certificate of waiver, certificate of authorization, or airworthiness certification under section 44704 of title 49, United States Code, is required for the opera tion 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 s ystem. In seeking this exemption, Terrance R. Hester dba. Real Time Aviation submits that the DJ I Phantom 3 Professional UAS s can operate safel y in the NAS pursuant to FMRA Section 333, as demonstrated b y: (a) the characteristics of the DJ I Phantom 3 Professional UAS s ; (b) the pilot certification requirement; and (c) the specific operating limitations.

**a. The Specifications Of The DJI Phantom 3 Professional**  **UAS s**  **Demonstrate Their**  **Safe Characteristics.** The DJ I Phantom 3 Professional UAS s do not create a hazard to users of the NAS or the public, or otherwise pose a threat to national security considering their size, weight, speed, and operational capabilit ies

.

**i. Technical Specifications Of The DJI Phantom 3 Professional**  **UAS s**  **.** The technical specifications of the DJ I Phantom 3 Professional UAS are set forth in the DJ I Phantom 3 Professional User Manual https://dl.djicdn.com/downloads/phant om_3/en/Phantom_3_Professional_User_Manual__ V1.6.pdf21 contains proprietary

information and is to be held in a separate file pursuant to 14 C.F.R. § 11.35(b) 1

**ii. The DJI Phantom 3 Professional**  **UAS Autonomous Flight And Navigation Modes Enable The UASs To Remain Within A Defined**  **Operational Area.** The DJ I Phantom 3 Professional UAS s may be operated in both manual and fully autonomous flight modes. The DJ I Phantom 3 Professional UASs autonomous features include the following: a GPS Position and Altitude Hold when the GCS controls are released to their neutral positions; a Return To Home (RTH) function; and, Flight Limits (i.e., pre

- set limitations that restrict the distance and height of the UA S flight operations). A complete description of the flight and navigational modes of the DJ I Phantom 3 Professional UAS is provided the DJ I Phantom 3 Professional User Manual, https://dl.djicdn.com/downloads/phantom_3/en/Phantom_3_Professional_User_Manual__ V1.6.pdf contains proprietary information and is to be held in a separate file pursuant to 14 C.F.R. § 11.35(b)

. **iii. The DJI Phantom 3 Profession**  **al UAS**  **s 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 DJI Phantom 3 Professional UA S will remain stationary , in flight, for 3 seconds or more. If, after 3 seconds, the DJ I Phantom 3 Professional UA S do es not reacquire control link data from the GCS, the DJI Phantom 3 Professional UA S will assume that the Control L ink is lost and the DJI P hantom 3

1 Exhibits to the Petition contain proprietary information, and in accordance with 14 C.F.R. § 11.35(b), are not to be included in the Federal Docket Management Sy stem (FDMS).22

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

**iv. The DJI Phantom 3 Professional**  **UAS s**  **’ GCS And Its Operation.**  A complete description of the operation and specifications of the DJ I Phantom 3 Professional UAS’s GCS and flight control software can be found at http://www.dji.com/product/phantom

- 3/spec The DJIPhantom 3 Professional is compliant with all Federal Communications Commission (FCC) requirements, and the radio frequency spectrum used for operation and control of the UA is set forth in the User Manuel. **b. Flight Operations Of DJI Phantom 3 Pro**  **fessional UAS**  **s are**  **Limited To**

**The Line Of Sight Of A Certificated Pilot in Command With A Safety Observer.**  Terrance R. Hester dba. Real Time Aviation 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 UAS s . Additionally , a safety observer will assist all pilots during flight time.

**c. Flights Of The**  **DJI Phantom 3 Professional UAS**  **s Will Be Conducted**  **Pursuant To Specific Operating Limitations.** In seeking this exemption, Terrance R. Hester dba. Real Time Aviation proposes to commerciall y operate the DJIPhantom 3 Professional UAS s 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 less than 55 pounds maximum gross weight: DJ I Phantom 3 Professional UAS s . Proposed operations of any other aircraft will require a new petition or a petition to amend this grant.23 2. UAS operations under this exemption will be limited to conducting operations for the purpose of aerial video and photography. 3. The UA may

not be flown at an indicated airspeed exceeding 3 0 knots. 4. The UA must be operated at an altitude of no mor e 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 UA must be operated within visua l 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 the PI C 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 alway s maintains VL OS capability

. The SO and PI C must be able to communicate verbally at all times. Electronic messaging or texting is not permitted during flight operations. The PIC must be designated before the flight and cannot transfer his or her designation for the duration of the flight. The PI C must ensure that the SO can perform the functions prescribed in the operating documents. 8. The SO must not perform any other duties beyond assisting the PI C with seeing and avoiding other air traffic and other ground based obstacles/obstructions and is not permitted to operate th e 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 i n 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 operating 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 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 grant of exemption. The FAA’s UAS Integration Office (AFS

- 80) may be contacted if questions arise regarding updates or revisions to the operating documents. 10. Prior to each flight the PI C must inspect the UAS to ensure that it is in a conditio n for safe flight. If the inspection reveals a condition that affects the24 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 c haracteristics, 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 potenti al discrepancies, e.g. inoperable components, items, or equipment, not already covered in the relevant sections of the operating documents. 13. The operator must follow the UAS manufacturer’s aircraft/component, maintenance, overhaul, replacement, inspection, and life limit requirements. 14. The operator must carry out its maintenance, inspections, and record keeping requirements, in accordance with the operating documents. Maintenance, inspection, alterations, and status of replacement/overhaul component parts must be noted in the aircraft records, including total time in service, description of work accomplished, and the signature of the authorized person returning the UAS to service. 15. Each UAS operated under this exemption must comply with all manufacturer Safety Bulletins. 16. The authorized person must make an entry in the aircraft record of the corrective action taken against disc repancies discovered between inspections. 17. The PI C must possess at least a private pilot certificate and at least a current third

- class medical certificate. The PIC must also meet the flight review requirements specified in 14 C.F.R. § 61.56 in an aircraft in which the PIC is rated on his or her pilot certificate. 18. The operator may

not permit any

PIC to operate unless the PI C meets the operator’s qualification 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 may only be conducted during dedicated training sessions. During training, proficiency , and experie nce - building flights, all persons not essential for flight operations are considered nonparticipants, and the PI C must operate the UA25 with appropriate distance from nonparticipants in accordance with 14 C.F.R. § 91.119. 19. UAS operations may

not be cond

ucted during night, as defined in 14 C.F.R. § 1.1. All operations must be conducted under visual meteorological conditions (VMC). If flight at night is required, a special 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 man agement is obtained, and the operation is conducted in accordance with a NOTAM as required by the operator’s COA. The letter of agreement with the airport management must be made available to the Administrator upon request. 21. The UA may

not be operated less than 5 00 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 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 PI C must abort the flight in the event of unpredicted obstacles or emergencies in accordance with the operating documents. 24. The PI C is prohibited fro m beginning a flight unless (considering wind and forecast weather conditions) there is enough power to fly at normal cruising speed to the intended landing point and land the UA with 25% battery power remaining. 25. The operator must obtain an Air Traff ic Organization (ATO) issued Certificate of Waiver or Authorization (COA) prior to conducting any operations under the grant of exemption. This COA will also require the operator to request a Notice to Airman (NOTAM) not more than 72 hours in advance, but not less than 48 hours prior to the operation. All operations shall be conducted in accordance with airspace requirements in the ATO issued COA including class of airspace, altitude level and potential transponder requirements. 26. All aircraft operated in accordance with the exemption must be identified by serial number, 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. Before conducting operations, the radio frequency spectrum used for operation and control of the UA must comply with the Federal Communications26 Commission (FCC) or other appropriate government oversight agency requirements. 28. The documents required under 14 C.F.R. 91.9 and 91.203 must be available to the PI C 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 upo n 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. The UA may

not be operated over conges ted or densel y populated areas. 3 2 . Flight operations must be conducted 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 o r structures are present that sufficiently protect nonparticipating persons from the UA and/or debris in the event of an accident. The operator must ensure that nonparticipating persons remain under such protection. If a situation arises where nonparticipating persons leave such protection and are within 500 feet of the UA, flight operations must cease 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 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 PI C, SO, operator trainees or essential persons do not present an undue hazard to those persons per § 91.119(a). 3 3 . All operations shall be conducted over private or controlled

- access property with permission from the land owner/controller or authorized representative. Permission from land owner/controller or authorized representative will be obtained for each flight to be conducted. 3 4 . Any incident, accident, or flight operation that transgresses the lateral or vertical boundaries of the operational area as defined by the applicable COA must be reported to the FAA's UAS Integration Office (AFS

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

.27 **2. Reason s Why An Exemption From The Requirements Of Section 61.113(a)**  **And (b) Would Not Adversely Affect Safety.** Terrance R. Hester dba. Real Time Aviation submits that the equivalent level of safety established b y Section 61.113(a) and (b) will be maintained be cause no PI C will be allowed to operate the DJI Phantom 3 Professional UAS unless that PI C has demonstrated, by meeting minimum flight

- hour and currency requirements, that the PI C is able to safel y operate the DJ I Phantom Professional UAS in a manner consistent with the exemption, including evasive and emergency maneuvers and maintaining appropriate distances from people, vessels, vehicles and structures. Considering Terrance R. Hester dba. Real Time Aviation ’s proposed area of operati ons, 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 safel y operate the DJ I Phantom 3 Professional UAS s , Terrance R. Hester dba. Real Time Aviation submits that the additional manned airmanship experience of a commerciall y certificated pilot would not correlate to the airmanship skills necessary for Terrance R. Hester dba. Real Ti me Aviation ’s specific proposed flight operations. The DJ I Phantom 3 Professional UASs have been the subject of multiple Grants of Exemption from Section 61.113 (a) and (b). The FAA has previousl y granted relief from Section 61.113 (a) and (b) specific t o 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 , 11170, 11171, 111 72 ).28 Terrance R. Hester dba. Real Time Aviation will not allow any PIC to operate the DJIPhantom 3 Professional UAS s unless that PI C has demonstrated, by meeting minimum flight

- hour requirements or the DJ I Phantom 3 Professional UAS s’ training and curren cy requirements, that the PIC is able to safel y operate the DJ I Phantom 3 Professional UAS s in a manner consistent with this exemption, including evasive and emergency maneuvers and maintaining appropriate distances from people, vessels, vehicles and struc tures. 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 fli ght experience that was obtained in compliance with applicable regulations will ensure an equivalent level of safety during Terrance R. Hester dba. Real Time Aviation ’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 c onducting 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 logg ed 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 model of UAS to be used for operations under the exemptio n. 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 in29 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

- hour requirements in Exemption No. 11062 are appropriate t o practice and build proficiency in the skills necessary

to safely conduct the petitioner’s proposed operations. The FAA also finds that prior documented flight experience that was obtained in compliance with applicable regulations would satisfy this requi rement. Training, proficiency , and experience

- building flights can also be conducted under the grant of exemption to accomplish the required flight time. During training, proficiency , and experience

- building flights the PI C is required to operate the UA wi th appropriate distances in accordance with 14 C.F.R 91.119. Exemption No. 11138 at page 15. Accordingl y, Terrance R. Hester dba. Real Time Aviation will ensure safe operations b y not allowing any P IC to operate the DJI Phantom 3 Professional UAS s unless that PI C has demonstrated, by meeting minimum flight

- hour and currency requirements, that the PIC is able to safel y operate the DJ I Phantom 3 Professional UAS s in a manner consistent with the exemption, including evasive and emergency maneuvers and maintaining appropriate distances from people, vessels, vehicles and structures. **3. Reasons Why An Exemption From The Requirements Of Section 91.7(a)**  **Would Not Adversely Affect Safety.** The equivalent level of safety established b y Section 91.7(a) will be maintained because prior to every

flight, Terrance R. Hester dba. Real Time Aviation will ensure that the DJ I Phantom 3 Professional UAS s are in an airworthy condition based upon the UASs ’ compliance with their operating documents and as stated in the c onditions and limitations herein. Additionally , the FAA has previously 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, 1106 6, 11067, 11080, 11109, 11110, 11112,30

11136, 11138, 11150, 11153, 11156, 11157, 11158, 11159, 11160, 11161 , 11166, 11167, 11170, 11171, and 11172 ). **4. Reasons Why An Exemption From The Requirements Of Section 91.121 Would Not Adversely Affect Safety.**  Th e equivalent level of safety established b y Section 91.121 will be maintained because the altitude information of the DJ I Phantom 3 Professional UA s will be provided to the PI C via GPS equipment and a radio communications telemetry data link, which downlinks from the UA s to the GCS for active monitoring of the flight path and altitude. This altitude information, combined with Terrance R. Hester dba. R eal Time Aviation ’ s operation of the DJ I Phantom 3 Professional UA s within vis ual line of sight, at or below 4 00 feet AGL, will ensure a level of safety equivalent to Section 91.121. The altitude information will be generated b y GPS equipment installed onb oard the aircraft. Prior to each flight, a zero altitude initiation point is automatically established by

the UAS at ground level. The DJ I Phantom 3 Professional are the subject of multiple Grants of Exemption from Section 91.121. The FAA has previousl y granted relief from Section 91.121 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, 11112, 11136, 11138, 11150, 11153, 11156, 11157, 11158, 11159, 11160, 11161 , 11166, 11167, 11170, and 11171 ). **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 DJ I Phantom 3 Professional UAS s ; (2) the limitations on the proposed flight operations; and31

(3) the location of the proposed flight operations. Accordingl y, Terrance R. Hester dba. Real Time Aviation will ensure that it will safel y operate the battery powered DJ I Phantom 3 Professional UA s during daylight hours in VFR conditions, with enough battery power to fly for a total duration of 13.5 minutes to the first point of intende d 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 UAS s ; 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, safety will be ensured as the DJ I Phantom 3 Professional UA S s 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% remaining battery

power. At the critically l ow battery

level, the DJ I Phantom 3 Professional UAS s will descend and land automatically

. Significantl y, previous exemptions granted b y the FAA concerning Section 91.151 establish that safety is not adversel y affected when the technical characteristics a nd 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 reli ef 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, 11160, 11161 , 11166, 11167, 11170, 11171, 11172 ).32 **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 seekin g this exemption, Terrance R. Hester dba. Real Time Aviation 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 91.41 7(a) & (b) will be met because all maintenance, alterations, or preventive maintenance of the DJ I Phantom 3 Professional UASs performed by Terrance R. Hester dba. Real Time Aviation will be in accordance with the methods, techniques, and practices prescrib ed in the operating documents (i.e., the DJI Phantom 3 Professional User Manuals, the DJ I Phantom 3 Professional Quick Start Guides, the DJ I Phantom 3 Professional Vision Checklists, the Smart Flight Battery Safety Guidelines and Pilot Training Guides ). Furthermore, Terrance R. Hester dba. Real Time Aviation will document and maintain all maintenance records for the DJ I Phantom 3 Professional UAS s . Since the DJ I Phantom 3 Professional UAS s will be inspected as prescribed by the operating documents, Te rrance R. Hester dba. Real Time Aviation will maintain the equivalent level of safety established by Sections 91.405(a), 91.409(a)(1), and 91.409(a)(2). Likewise, the exemption sought will not adversel y affect safety because Terrance R. Hester dba. Real Time Aviation will use trained technicians to perform maintenance, alterations or preventive maintenance on the UAS using the methods, techniques, and practices prescribed b y 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 the33

DJIPhantom 3 Professional UAS s will be performed by trained technicians. Maintenance and safety checks will be conducted preflight and monthly

. 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 safety is not adversel y affected when the technical characteristics and operating limitations of the UAS are considered. In consideration of Terrance R. Hester dba. Real Time Aviation ’s proposed operating limitations, the operating documents, and the technical aspects of the DJ I Phantom 3 Profess ional UAS s , Terrance R. Hester dba. Real Time Aviation 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), and 91.417(a) and (b). The FAA has previously

granted relief specific to UAS in circumstances similar, in all material respects, to those presented herein (e.g. Exemption Nos. 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110, 11112, 11136, 11138, 11150, 11153, 11156, 11157, 11158, 11159, 11160, 1 1161 , 11166, 11167, 11170, 11171, 11172 ). **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 , Terrance R. Hester dba. Real Time Aviation requests that the FAA prescribe special conditions for the intended operation of the DJ I Phantom 3 Professional UAS s , 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).34

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 Section 333 sets forth the requirements for considering whether a UAS will create a hazard to users of the NAS or the public, or otherwise pose a threat to national security; and further, provides the authority for such UAS to operate without airworthiness certification in accordance with any requirements that must be established for the safe operation of the UAS in th e NAS. Likewise, the Administrator may prescribe special conditions pursuant to 14 C.F.R. § 21.16, for operation of the DJ I Phantom 3 Professional UAS s , 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 unusual design feature of the aircraft, aircraft engine or p ropeller, 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 find s 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 Terrance R. Hester dba . Real Time Aviation ’s intended operation of the DJIPhantom 3 Professional UAS s , 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),35

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 Terrance R. Hester dba. Real Time Av**  **iation Seeks Exemption:**  Terrance R. Hester dba. Real Time Aviation 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 Terrance R. Hester**  **dba. Real Time Aviation Seeks:**  This exemption will permit Terrance R. Hester dba. Real Time Aviation to commercially operate an Unmanned Aircraft System (UAS) for the purpose of conduc ting aerial video and photography within the National Airspace System (NAS).

. **G. Any Additional Information, Views, Or Arguments Available To Support**  **Terrance R. Hester dba. Real Time Aviation ’s**  **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, Terrance R. Hester dba. Real Time Aviation ’s 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 considering whether a UAS will create a hazard to users of the NAS or the pub lic, 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, Terrance R. Hester dba. Real Time Aviation will operate the DJ I Phantom 3 Professional UAS s safely in the NAS, without creating a hazard to users of the NAS, or the public, or otherwise pose a threat to national security

.36 **CONCLUSION** As set forth herein, Terrance R. Hester dba. Real Time Aviation seeks an exemption pursuant to 1 4 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 DJ I Phantom 3 Professional UAS s commerciall y, without an airworthiness certificate, for the limited purpose of conducting aerial video and photography within the National Airspace S ys tem (NAS) . 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 publ ic, by allowing Terrance R. Hester dba. Real Time Aviation to safel y, efficiently , and economicall y operate the DJ I Phantom 3 Professional UAS s commerciall y within the NAS. **WHEREFORE** , in accordance with the Federal Aviation Regulations and the FAA Moderni zation and Reform Act of 2012, Section 333, Terrance R. Hester dba. Real Time Aviation respectfull y 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 Terrance R. Hester dba. Real Time Aviation to operate the DJIPhantom 3 Professional , and the DJ I Phantom 3 Professional commercially for the purpose of conducting aerial video and photograph y within the NAS

.37 Date d: November 1 1 , 2015 Respectfully submitted, Terrance R. Hester dba. Real Time Aviation

_________________________ Terrance R. Hester 447 Georgiana Drive Middletown, Delaware 19709 Tel: (856) 905

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