August 6

, 2015

Exemption No. 12359 Regulatory Docket No. FAA

– 20 15

– 1806

Mr. Henry H. Perritt, Jr. Attorney at Law 1131 Carol Lane Glencoe, IL 60022

Dear Mr. Perritt :

This letter is to inform you that we have granted your request for exemption. It transmits our decision, explains its basis, and gives you the conditions and limitations of the exemption, including the date it ends.

By letter dated May 11, 2015 , you petitioned the Federal Aviation Administration (FAA) on behalf of CD Aero Services, LLC ( hereinafter petitioner or operator ) for an exemption

. The petitioner requested to operate an unmanned ai rcraft system (UAS) to conduct aerial data collection and training 1

.
See Appendix A for the petition submitted to the FAA des cribing the proposed operations and the regulations that the petitioner seeks an exemption

.
The FAA has determined that good cause exists for not publishing a summary of the petition in the Federal Register because the requested exemption would not set a precedent, and any delay in acting on this petition would be detrimental to the petitioner

. However, the FAA received eleven comments in support of the petition made to the docket.

1 The petitioner also requested authority to conduct UAS training. At this time, the FAA is unable to authorize UAS operations for training until a further assessment is completed. When the FAA completes its review, we will proceed accordingly and no furth er action will be required by the petitioner. However, the petitioner is permitted to train its own pilot in commands and visual observers in accordance with condition no. 14 and the other conditions and limitations in this exemption.2

Airworthiness Certification

The UAS proposed by the petitioner are the DJI Phantom, DJI Spreading Wings S1000+, and DJI Inspire 1

.
The petitioner requested relief from 14 CFR part 21, C ertification procedures for products and parts, Subpart H

— Airworthiness Certificates

. In accordance with the statutory criteria provided in Section 333 of P ublic Law 112

− 95 in reference to 49 U

. S

. C

. § 44704, and in

c onsideration of the size, weight, speed, and limited operating area associated with the aircraft and its operation, the Secretary of Transportation has determined that this aircraft meets the conditions of Section 333. Therefore, the FAA finds that the re quested relief from 14 CFR part 21

, C ertification procedures for products and parts, Subpart H

— Airworthiness Certificates , and any associated noise certification and testing requirements of part 36, is

not necessary.

The Basis for Our Decision

You have requested to use a UAS for aerial data collection 2

. The FAA has issued grants of exemption in circumstances similar in all material respects to those presented in your petition. In Grants of Exemption No s

. 11062 to Astraeus Aerial ( see Docket No. FAA−2014−0352), 11109 to Clayco, Inc. ( see Docket No. FAA

− 2014

− 0507), 11112 to VDOS Global, LLC ( see Docket No. FAA−2014−0382), and 11213 to Aeryon Lab s , Inc. ( see Docket No. FAA−2014−0642), the FAA found that the enhanced safety achieved using an unmanned aircraft (UA) with the specifications described by the petitioner and carrying no passengers or crew, rather than a manned aircraft of significantly greater proportions, carrying crew in addition to flammable fuel, gives the FAA good cause to find that the UAS operation enabled by this exemption is in the public interest.

Having reviewed your reasons for requesting an exemption, I find that

—

 They are similar in all material respects to relief previously requested in Grant of Exemption Nos. 11 062, 11109, 11112, and 11213 ;

 The reasons stated by the FAA for granting Exemption Nos. 11062, 11109, 11112, and 11213 also apply to the situation you present; and

 A grant of exemption is in the public interest.

2 Aerial data collec tion includes any remote sensing and measuring by an instrument(s) aboard the UA. Examples include imagery (photography, video, infrared, etc.), electronic measurement (precision surveying, RF analysis, etc.), chemical measurement (particulate measurement , etc.), or any other gathering of data by instruments aboard the UA.3

Our Decision

In consideration of the foregoing, I find that a grant of exemption is in the public interest. Therefore, pursuant to the authority contained in 49 U.S.C. 106(f), 40113, and 44701, delegated to me by the Administrator, CD Aero Services, LLC is granted an exemption from 14 CFR §§ 61.23(a) and ( c ), 61.101(e)(4 ) and (5), 61.113(a), 61.315(a) , 91.7(a), 91.119(c), 91.121, 91.151(a)(1), 91.405(a), 91.407(a)(1), 91.409(a)(1) and (2), and 91.417(a) and (b), to the extent necessary to allow the petitioner to operate a UAS to perform aerial data collection. This exemption is subject to the conditions and limitations listed below.

Conditions and Limitations

In this grant of exemption, CD Aero Services, LLC is hereafter referred to as the operator.

Failure to comply with any of the conditions and limitations of this grant of exemption will be grounds for the immediate suspension or rescission of this exemption.

1. Operations authorized by this grant of exemption are limited to the DJI Phanto m, DJI Spreading Wings S1000+, and DJI Inspire 1 when weighing less than 55 pounds including payload. Proposed operations of any other aircraft will require a new petition or a petition to amend this exemption

.

2. Operations for the purpose of closed

- set mot ion picture and television filming are

not permitted.

3. The UA may not be operated at a speed exceeding 87 knots (100 miles per hour). The exemption holder may use either groundspeed or calibrated airspeed to determine compliance with the 87 knot speed re striction. In no case will the UA be operated at airspeeds greater than the maximum UA operating airspeed recommended by the aircraft manufacturer.

4. The UA must be operated at an altitude of no more than 400 feet above ground level (AGL). Altitude must be reported in feet AGL.

5. The UA must be operated within visual line of sight (VLOS) of the PIC at all times. This requires the PIC to be able to use human vision unaided by any device other than corrective lenses, as specified on the PIC’s FAA

- issued air man medical certificate or U.S. driver’s license.

6. All operations must utilize a visual observer (VO). The UA must be operated within the visual line of sight (VLOS) of the PIC and VO at all times. The VO may be used to satisfy the VLOS requirement as lo ng as the PIC always maintains VLOS capability. The VO and PIC must be able to communicate verbally at all times ;

e lectronic messaging or texting is not permitted during flight operations. The PIC4

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 VO can perform the duties required of the VO.

7. This exemption and all documents needed to operate the UAS and conduct its operations in accordance with the conditions and limitations stated in this grant of exemption, are hereinafter referred to as the operating documents. The operating documents must be accessible during UAS operations and made available to the Administrator upon request. If a discrepancy exists between the conditions and limitations in this exemption and the procedures outlined in the operating documents, the conditions and limitations herein take precedence and must be followed. Otherwise, the operator must follow the procedures as outlined in its ope rating 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 or any law enforcement official upon request. The
ope rator must also present updated and revised documents if it petitions for extension or amendment to this grant of exemption. If the operator determines that any update or revision would affect the basis upon which the FAA granted this exemption, then the operator must petition for an amendment to its grant of exemption. The FA A’s UAS Integration Office (AFS− 80) may be contacted if questions arise regarding updates or revisions to the operating documents.

8. Any UAS that has undergone maintenance or alterati ons that affect the UAS operation or flight characteristics, e.g.

, replacement of a flight critical component, must undergo a functional test flight prior to conducting further operations under this exemption. Functional test flights may only be conducted by a PIC with a VO and must remain at least 500 feet from other people. The functional test flight must be conducted in such a manner so as to not pose an undue hazard to persons and property.

9. The operator is responsible for maintaining and inspecting t he UAS to ensure that it is in a condition for safe operation.

10. Prior to each flight, the PIC must conduct a pre

- flight inspection and determine the UAS is in a condition for safe flight. The pre

- flight inspection must account for all potential discrepanc ies, e.g.

, inoperable components, items, or equipment. 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 b e in a condition for safe flight.

11. The operator must follow the UAS manufacturer’s maintenance, overhaul, replacement, inspection, and life limit requirements for the aircraft and aircraft components.5

12. Each UAS operated under this exemption must comply wit h all manufacturer safety bulletins.

13. Under this grant of exemption, a PIC must hold either an airline transport, commercial, private, recreational, or sport pilot certificate. The PIC must also hold a current FAA airman medical certificate or a valid U.S . driver’s license issued by a state, the District of Col u mbia, Puerto Rico, a territory, a possession, or the Federal government. The PIC must also meet the flight revi ew requirements specified in 14 CFR § 61.56 in an aircraft in which the PIC is rated on his or her pilot certificate.

14. The operator may not permit any PIC to operate unless the PIC demonstrates the ability to safely operate the UAS in a manner consistent with how the UAS will be operated under this exemption, including evasive and emergenc y maneuvers and maintaining appropriate distances from persons, vessels, vehicles and structures. PIC qualification flight hours and currency must be logged in a manner consistent with 14 CFR § 61.51(b). Flights for the purposes of training the operator’ s PICs and VOs (traini ng, proficiency, and experience

- building) and determining the PIC’s ability to safely operate the UAS in a manner consistent with how the UAS will be operated under this exemption are permitted under the terms of this exemption. Howe ver, training operations may only be conducted during dedicated training sessions. During traini ng, proficiency, and experience

- building flights, all persons not essential for flight operations are considered nonparticipants, and the PIC must operate the UA with appropriate distance from nonparticipants in accordance with 14 CFR § 91.119.

15. UAS operations may not be conducted during night, as defined in 14 CFR § 1.1. All operations must be conducted under visual meteorological conditions (VMC). Flights under special visual flight rules (SVFR) are not authorized.

16. The UA may not operate within 5 nautical miles of an airport reference point (ARP) as denoted in the current FAA Airport/Facility Directory (AFD) or for airports not denoted with an ARP, the cen ter of the airport symbo l as denoted on the current FAA

- published aeronautical chart, unless a letter of agreement with that airport’s management is obtained or otherwise permitted by a COA issued to the exemption holder. The letter of agreement with the a irport management must be made available to the Administrator or any law enforcement official upon request.

17. 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 mil es from the PIC.

18. If the UAS loses communications or loses its GPS sign al, the UA must return to a
pre

- determined location within the pr ivate or controlled

- access property.

19. The PIC must abort the flight in the event of unpredicted obstacles or emergencies

.6

20. The PIC is prohibited from beginning a flight unless (considering wind and forecast weather conditions) there is enough available power for the UA to conduct the intended operation and to operate after that for at least five minutes or with the reserve power recommended by the manufacturer if greater.

21. Air Traffic Organization (ATO) Certificate of Waiver or Authorization (COA). All operations shall be cond ucted in accordance with an ATO

- issued COA. The exemption holder may apply for a new or amended CO A if it intends to conduct operations that cannot be conducted under the terms of the attached COA

.

22. All aircraft operated in accordance with this exemption must be identified by serial number, registered in accordance with 14 CFR part 47, and have identif ication (N− Number) markings in accordance with 14 CFR part 45, Subpart C. Markings must be as large as practicable.

23. Documents used by the operator to ensure the safe operation and flight of the UAS and any documents required under 14 CFR §§ 91.9 and 91.2 03 must be available to the PIC at the Ground Control Station of the UAS any time the aircraft is operating. These documents must be made available to the Administrator or any law enforcement official upon request.

24. The UA must remain clear and give way to all manned aviation operations and activities at all times.

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

26. All Flight operations must be conducted at least 500 feet from all nonpartici pating persons, vessels, vehicles, and structures unless:

a. Barriers or 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 in a manner ensurin g the safety of nonparticipating persons ; and b. The owner/controller of any vessels, vehicles or structures has granted permission for operating closer to those objects 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.

The PIC, VO, operator trainees or essential persons are not considered nonparticipating persons under this exemption.

27. All operations shall be conducted over private or control led

- access property w ith permission from the property owner/controller or authorized representative.7

Permission from property owner/controller or authorized representative will be obtained for each flight to be conducted.

28. Any incident, accident, or flight operation that tran sgresses the lateral or vertical boundaries of the operational area as defined by the applicable COA must be reported to the FA A's UAS Integration Office (AFS− 80) within 24 hours. Accidents must be reported to the National Transportation Safety Board (NTS B) per instructions contained on the NTSB Web site: www.ntsb.gov

.
If this exemption permits operations for the purpose of closed

- set motion picture and television filming and production, the following additional conditi ons and limitations apply.

29. The operator must have a motion picture and television operations manual (MPTOM) as documented in this grant of exemption.

30. At least 3 days before aerial filming, the operator of the UAS affected by this exemption must submit a written Plan of Activities to the local Flight Standards District Office (FSDO) with jurisdiction over the a rea of proposed filming. The 3

- day notification may be waived with the concurrence of the FSDO. The plan of activities must include at least the f ollowing:

a. Dates and times for all flights; b. Name and phone number of the operator for the UAS aerial filming conducted under this grant of exemption;

c. Name and phone number of th e person responsible for the on

- scene operation of the UAS; d. Make, model, and serial or N− Number of UAS to be used;

e. Name and certificate number of UAS PICs involved in the aerial filming; f. A statement that the operator has obtained permission from property owners and/or local officials to conduct the filming production event; the lis t of those who gave permission must be made available to the inspector upon request;
g. Signature of exemption holder or representative; and h. A description of the flight activity, including maps or diagrams of any area, city, town, county, and/or state over wh ich filming will be conducted and the altitudes essential to accomplish the operation.

31. Flight operations may be conducted closer than 500 feet from participating persons consenting to be involved and necessary for the filming production, as specified in t he exemption holder’s MPTOM.

Unless otherwise specified in this grant of exemption, the UAS, the UAS PIC, and the UAS operations must comply with all applicable parts of 14 CFR including, but not limited to, parts 45, 47, 61, and 91.8

This exemption ter minates on August 31, 2017 , unless sooner superseded or rescinded.

Sincerely, / s/ John S. Duncan Director, Flight Standards Service

Enclosures1 

## Henry H. Perritt, Jr. Attorney at Law

1131 Carol Lane Glencoe, IL 60022 hperritt@gmail.com (312) 504

- 5001

1 1 May 2015

Hon. Michael Huerta
Administrator
Federal Aviation Administration U. S. Department of Transportation Docket Management System 1200 New Jersey Ave., SE Washington, DC 20590

Re: Summary Exemption Request under Section 333 of the FAA Reform Act and Part 11
of the Federal Aviation Regulations from certain parts of the FARs

.

Dear Administrator H uerta :

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (the Reform Act) and 14 C.F.R. Part 11, CD Aero Service, LLC , a Wisconsin limited liability company doing business as Midwestern Helicopters (the “Petitioner”), hereby applies f or a
summary exemption from the listed Federal Aviation Regulations (“FARs”) to allow it to operate small Unmanned Aircraft Systems (“sUAS”) for training and aerial data
collection

, under the conditions and limitations set forth in this Petition.

T he requ ested exemption would permit the operation of small, unmanned and relatively inexpensive sUAS under controlled conditions in airspace that is ( 1) limited

, ( 2) predetermined

, and (3 ) would provide safety enhancements to the already safe training and aerial imagery operations presently using manned helicopters and airplanes . Approval of this exemption would thereby enhance safety and fulfill the FAA Administrator’s responsibilities to “...establish requirements for the safe operation of such aircraft systems in the national airspace system.” Section 333(c) of the Reform Act.2

The name and address of the applicant is:

CD Aero Services, LLC dba Midwestern Helicopters
Attn: Christopher Laskey

4810 76 th Street

, Kenosha, WI 5314 2
Correspondence should be directed to:

Henry H. Perritt, Jr. Attorney at Law
1131 Carol Lane Glencoe, IL 60022 hperritt@gmail.com (312) 504

- 5001

Regulations from which the exemption is requested:

14 CFR Part 21

14 C.F.R. § 45.23(b)

14 CFR § 61. 3

14 C.F .R. § 91.7 (a)

14 CFR § 91.9 (b) (2)

14 C.F.R. § 91.103

14 C.F.R. § 91.109

14 C.F. R. § 91.119

14 C.F.R. § 91.121

14 CFR § 91.151 (a)

14 CFR § 91.203 (a) & (b)

14 CFR § 91.205(b)

14 CFR § 91.2153 14 CFR § 91.405 (a)

14 CFR § 407 (a) (1)

14 CFR § 409 (a) (2)

14 CFR § 417 (a) & (b)

Appendix 1 describes the FARs from which an exemption is requested and summarizes the justification for each requested exemption.

Th e Petition is submitted to fulfill Congress’ goal under Section 333(a) through (c) of the
Refor m Act , which directs the Secretary of Transportation to consider whether certain unmanned aircraft systems may operate safely in the national airspace system (NAS) before completion of the rulemaking required unde r Section 332 of the Reform Act. In making this determination, the Administrator must determine which types of UASs do not create a hazard to users of the NAS or the public or pose a threat to national security in light of the following:

• The UAS’s size, weight, speed, and operational capability;

• Operation of the UAS in close proximity to airports and populated areas; and

• Operation of the UAS within visual line of sight of the operator.

Reform Act § 333 (a).

I f the Administrator determines that such vehicles “may operate safely in the national airspace system, the Secretary shall establish requirements for the safe operation of such aircraft in the national airspace system.” Id. § 333(c) (emphasis added).

The Secretary has delegated his aviation authority to the Administrator of the FAA.

The Federal Aviation Act expressly grants the FAA the authority to grant exemptions from its regulatory requirements for civil aircraft, a term defined under § 40101 of the Act, which includes sUASs. The Administrator may grant an exemption from a requirement of a regulation prescribed under subsection (a) or (b) of this section or any

sections 44702

- 44716 of the Federal Aviation Act if Administrator finds the exemption in the public interest. 49 U.S.C. § 44701(f) See also 49 USC § 44711(a); 49 USC § 44704; 14 CFR §91.203 (a) (1).4

CD Aero Services, LLC, doing business as Midwestern Helicopters

. is a Wisconsin limited liability company (WI Department of Financial Institutions entity ID C061295 ). It i s a provider of a broad range of helicopter services, from sceni c tours to supplying a unique platform for aerial photography, aerial tours, aerial survey, crop pollination, helicopter rental, helicopter sales, helicopter rides at customer e vent s,, heated helicopter storage, maintenance, pipeline patrol, powerline patr ol, real estate survey, sc enic tours, search and rescue , and helicopter rides

.
It offers ground and flight instruction leading to private, commercial, ATP, CFI, and instrument helicopter ratings and gyroplane instruction leading to the gyroplane sport pilo t rating.

Christopher J. Laskey owns CD Aero Services, LLC. He holds commercial helicopter, helicopter flight instructor, and private airplane single engine land ratings. He has been flying helicopters since 1966, has a total of about 6,000 hours. His exp erience includes over 1200 hours of "Huey" time in Vietnam with the 1st Cavalry Division. After his service in Vietnam, he taught military pilots for two years. His flight experience also includes work as a traffic helicopter pilot over Chicago, Ag work, T V photo work, multimedia film work, long line sling load work, police work, animal control, night surveillance work, medical evacuation. He also has experience flying sUAS for recreational purposes.

Few competing firms in the Midwest are as well

- equipped a s the Petitioner to offer sUAS training and commercial aerial data collection. Other flight schools and commercial helicopter and airplane operators in the Chicago metropolitan area are talking actively about offering sUAS services.

The Petitioner has been advised by counsel that this is not now permissible unless he
obtain s special permission from the FAA. Few if any of these operators have section 3 33 exceptions or other approvals. Some of them may be tempted to offer sUAS services
outside any regulat ory framework. If the Petitioner is shut out of this market because of its commitment to follow the law, while this irregular competition flourishes , the result will be bad for aviation safety.

Petitioner also notes and has read the congressional mandate i n section s 332 and 333 of
the FA A Revitalization and Reform Act of 2012 that the FA A move quickly to
accommodate the economic and societal benefits that can result from widespread5

deployment of sUAS technology. A ccordingly, Petitioner applies for authoriza tion
under the Federal Aviation Act , and the FAR s rules to undertake the following activities for commercial purposes. Unless the Petition is granted, Petitioner will be at a significant competitive advantage if it, as it prefers, complies with FAA policy.



### Vehicle s The Petitioner will fly the following sUAS:

 DJI Phantom

 DJI Spreading Wings S1000

- plus

 DJI Inspire

- 1

The DJI vehicle s have built in capability to limit the height they fly above the ground, to
limit the radius of the distance the fly from the operator, and to exclude them from class B, C, and D airspace. T he vehicle s also have the built

- in capability to return to the launching point if the wireless control link is interrupted or if t he operator attempts to exceed any of the height, radius, or airspace limitations programmed into it

. The FAA has granted section 333 exemptions for both of these vehicles, in First Flight Photography, LLC, Exemption No. 11260, Regulatory Docket No. FAA−2014−0736 (as

Appendix 2 provides specifications for the vehicles.



### Flight profiles The Petitioner will program its aircraft so that they will not fly abo ve 400 feet above ground level, or more than 1500 feet away from the operator. The operator will carefully preflight the vehicle before each mission to assure that its c ompass and GPS system are properly calibrated and that the return

- to

- home feature, altitude, and radius
limitations work.

The operator will operate its vehicles on aerial data collection, aerial photography and videography , news gathering, training, and demonstration missions only under the following circumstances:

1. The UA will not be operated at a speed exceeding 87 knots (100 miles per hour). In no case will the UA be operated at airspeeds greater than the maximum UA

opera ting airspeed recommended by the aircraft manufacturer.6 2. The UA will be operated at an altitude of no more than 400 feet above ground

level (AGL). Altitude will be reported in feet AGL.

3. The UA will be operated within visual line of sight (VLOS) of the PIC a t all times. The PIC will use human vision unaided by any device other than corrective lenses, as specified on the PIC’s FAA

- issued airman medical certificate or U.S.
driver’s license.

4. All operations will utilize a visual observer (VO). The UA will be oper ated within the visual line of sight (VLOS) of the PIC and VO at all times. The VO may be used to satisfy the VLOS requirement as long as the PIC always maintains VLOS capability. The VO and PIC will be able to communicate orally at all times; electronic m essaging or texting will not occur during flight operations. The PIC will be designated before the flight and will not transfer his or her designation for the duration of the flight. The PIC will ensure that the VO can perform the duties required of the VO

. 5. The requested exemption and all documents needed to operate the UAS and conduct its operations in accordance with the conditions and limitations of the requested grant of exemption, are hereinafter referred to as the operating documents. The operating do cuments will be accessible during UAS operations and will be made available to the Administrator upon request. If a discrepancy exists between the conditions and limitations in this exemption and the procedures outlined in the operating documents, the cond itions and limitations will take precedence and be followed. Otherwise, the operator will follow the procedures as outlined in its operating documents. The operator may update or revise its operating documents, and track such revisions and present updated and revised documents to the Administrator or any law enforcement official
upon request.
6. If the operator determines that any update or revision would affect the basis upon which the FAA granted the requested exemption, the operator will petition
for an am endment to its grant of exemption.

7. Any UAS that has undergone maintenance or alterations that affect the UAS operation or flight characteristics, e.g. replacement of a flight critical component, will undergo a functional test flight prior to conducting fu rther operations under the requested exemption. Functional test flights will only be conducted by a PIC with a VO and will remain at least 500 feet from other people. The functional test7 flight will be conducted in such a manner so as not to pose an undue hazard to

persons and property.

8. The operator is will maintain and inspect the UAS to ensure that it is in a condition for safe operation.

9. Prior to each flight, the PIC will conduct a pre

- flight inspection and determine
the UAS is in a condition for safe fl ight. The pre

- flight inspection will account for all potential discrepancies, e.g. inoperable components, items, or equipment. If the inspection reveals a condition that affects the safe operation of the UAS, the aircraft will not be operated until the nec essary maintenance has been performed and the UAS is found to be in a condition for safe flight.

10. The operator will follow the UAS manufacturer’s maintenance, overhaul, replacement, inspection, and life limit requirements for the aircraft and aircraft

compo nents.

11. Each UAS operated under the requested exemption will comply with all manufacturer safety bulletins.

12. All PICs will hold either an airline transport, commercial, private, recreational, or sport pilot certificate. The PIC will also hold a current FAA a irman medical certificate or a valid U.S. driver’s license issued by a state, the District of Columbia, Puerto Rico, a territory, a possession, or the Federal government. The PIC will also meet the flight review requirements specified in 14 CFR § 61.56 in an aircraft in which the PIC is rated on his or her pilot certificate.

13. The operator will not permit any PIC to operate unless the PIC demonstrates the ability to safely operate the UAS in a manner consistent with how the UAS will be operated under this exe mption, including evasive and emergency maneuvers and maintaining appropriate distances from persons, vessels, vehicles and structures. PIC qualification flight hours and currency will be logged in a manner consistent with 14 CFR § 61.51(b). Flights for th e purposes of training the operator’s PICs and VOs (training, proficiency, and experience

- building) and determining the PIC’s ability safely to operate the UAS in a manner consistent with how the UAS will be operated under this exemption will occur under t he terms of the requested exemption. Training operations will only be conducted during dedicated training sessions. During training, proficiency, and experience

building flights, all persons not essential for flight operations are considered8 nonparticipant s, and the PIC will operate the UA with appropriate distance from

nonparticipants in accordance with 14 CFR § 91.119.

14. UAS operations will not be conducted during night, as defined in 14 CFR § 1.1. All operations will be conducted under visual meteorologica l conditions (VMC). Flights under special visual flight rules (SVFR) are not authorized.

15. The UA will not operate within 5 nautical miles of an airport reference point (ARP) as denoted in the current FAA Airport/Facility Directory (AFD) or for airports not denoted with an ARP, the center of the airport symbol as denoted on
the current FAA

- published aeronautical chart, unless a letter of agreement with that airport’s management is obtained or otherwise permitted by a COA issued to the exemption holder. The le tter of agreement with the airport management will be made available to the Administrator or any law enforcement official upon
request.
16. The UA will not be operated less than 500 feet below or less than 2,000 feet horizontally from a cloud or when visibilit y is less than 3 statute miles from the
PIC.

17. If the UAS loses communications or loses its GPS signal, the operator will cause the UA to return to a pre determined location within the private or controlled

access property.
18. The PIC will abort the flight in the event of unpredicted obstacles or emergencies.

19. The PIC will not begin a flight unless (considering wind and forecast weather conditions) there is enough available power for the UA to conduct the intended operation and to operate after that for at least five minutes or with the reserve power recommended by the manufacturer if greater.

20. All operations shall be conducted in accordance with an ATO

- issued COA. The exemption holder will apply for a new or amended COA if it intends to conduct operations that ca nnot be conducted under the terms of the COA attached to the requested exemption.

21. All aircraft operated in accordance with this exemption will be identified by serial number, registered in accordance with 14 CFR part 47, and have identification (N

- Number) markings in accordance with 14 CFR part 45, Subpart C. Markings will be as large as practicable.9 22. Documents used by the operator to ensure the safe operation and flight of the

UAS and any documents required under 14 CFR §§ 91.9 and 91.203 will be
available to the PIC at the Ground Control Station of the UAS any time the aircraft is operating.

23. These documents will be made available to the Administrator or any law
enforcement official upon request.

24. The UA will remain clear and give way to all manned aviation o perations and
activities at all times.

25. The UAS will not be operated by the PIC from any moving device or vehicle.

26. All Flight operations will be conducted at least 500 feet from all nonparticipating persons, vessels, vehicles, and structures unless:

a. Barrier s or structures are present that sufficiently protect nonparticipating persons from the UA and/or debris in the event of an accident. The
operator will ensure that nonparticipating persons remain under such protection. If a situation arises where nonpartic ipating persons leave such protection and are within 500 feet of the UA, flight operations will cease immediately in a manner ensuring the safety of nonparticipating persons’

and

b. The owner/controller of any vessels, vehicles or structures has granted permi ssion for operating closer to those objects 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.

27. The PIC, VO, operator trainees or essential persons are not consi dered nonparticipating persons under th e requested exemption.

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

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

. 29. Further to protect the inte rests of the operators of other aircraft and of persons and property on the ground, Petitioner will maintain liability insurance coverage for all of its sUAS operations.

The Petitioner's proposed operations satisfy the criteria provided in Section 333 of t he
Reform Act relating to size, weight, speed, operating capabilities, proximity to airports10

and populated areas and operation within visual line of sight and national security. The Petition justifies grant of the requested exemptions allow the Petitioner to obtain aerial photography with its sUAS

. Granting the petition would be in the public interest because:

1. The Congress of the United States has determined that early accommodation of sUAS into the National Airspace System advances the public interest. The Committee Report leading the House to adopted H.R. 658 said:

"The successful integration of unmanned aircraft systems (UAS) into the National Airspace System (NAS) can support more than 23,000 high

- paying jobs
in the United States. . . . The absence of a plan to integrate UASs into the NAS is a barrier to such job creation . . . ." 1

Granting the Petition represents a step toward such integration, in the absence of a comprehensive regulatory regime for sUAS, and thus would serve the Congressional goal and the public interest.

2. Granting the Petition would facilitate the c reation, display, and public
distribution of art

, long recognized as advancing the public interest. They are at
the core of the activities that the First Amendment to the United States Constitution seeks to promote and to protect from governmental restrictions.

Creative photography and video art fall we ll within the First Amendment’s protections. "Entertainment, as well as political and ideological speech, is protected; motion pictures, programs broadcast by radio and television, and live entertainment, such as musical and dramatic works fall within the First Amendment guarantee. " 2

1 H. R. Rep. 112

- 29 on H.R. 658, 112th Cong., 1st Sess. at 116. The House

- Senate Conference Committee on the FAA Modernization and Reform Act of 2012 recommended amendments to H.R. 658 in lieu of amendments adopted by the Senate. Conference Report to Accompany H.R. 658, H.R. Rep . 112

- 381, 112th Cong., 2d Sess., at p. 1 (Feb. 1, 2012).

2 Schad v. Borough of Mount Ephraim, 452 U.S. 61, 65 (1981); White v. City of Sparks, 500 F.3d 953, 956 (9th Cir. 2007) (holding that self

- expression through painting is11 3. Granting the Petition would enable new forms of news coverage, enabling the

public to know about and to understand newsworthy events , an activity similarly within the core of First Amendment protections. 3

4. Granting the petition would enable Petitioner to demonstrate the commercial viability of creating art and gathering news with new aeronautical technology Commercial creative art is protected as well as non

- commercial art. 4 The Patents and Copyrights Clause of the United States Constitution and the copyright statute’s protection of visual art and audiovisual works embod y the proposition that more creative effort with respect to these kinds of work will be exerted when the creators are allowed to be paid for their works, thus increasing the production of artistic works.

Granting the petition will allow the petitioner to respond to economic incentives

to increase its creative production. The result will be an increase in the stock of artistic photography, incl uding video for public enjoyment.

A significant part of the Petitioner’s activities involve capturing and disseminating visual representations of newsworthy events. Receiving compensation for these newsgathering activities using traditional technologies

protected by the First Amendment; rejecting city's argument that protection requires a political message); Hoffman v. Capital Cities/ABC, Inc., 255 F.3d 1180 (9th Cir. 2001) (reversing judgment for plaintiff; use of photograph of actor as part of fashion article was protected by First Amendment despite commercial purpose); Edme v. Internet Brands, Inc., 968 F. Supp.2d 519, 529

- 530 (E.D. N.Y. 2013) (denying summary judgment on statutory right of publicity claim; "newsworthy" broadly construed to allow public to benefit from visual images); Hill v. Public Advocate of the United States, ___ F. Supp.2d ___ , Civil Action No. 12

– cv

– 02550

– WYD

– KMT, 2014 WL 1293524 (D. Colo. Mar. 31, 2014) (holding that photograph of gay marriage was within First Amendment protection despite its use for p olitical purposes; discussing how access to photograph advances the public interest).

3 Glik v. Cunniffe, 655 F.3d 78, 83

- 84 (1st Cir. 2011) (citing cases holding that news photography is will with First Amendment protection and that protection extends to ordinary citizens as well as reporters; affirming denial of immunity to police officers in section 1983 suit by citizen who was arrested for using cellphone camera to photograph arrest).

4 White, 500 F.3d at 956

- 957.12 i ncentivizes Petitioner, resulting in greater output of news. The new technologies

embodied in sUAS enable different perspectives on the news not easily obtainable by traditional means. Allowing Petitioner to be compensated for using the new technologies wi ll provide an incentive for it to intensify its
collection and dissemination efforts.

The rules from which Petitioner seeks exemption artificially and irrationally limit the effective use of new technologies to enhance news gathering, thereby subverting the public interest.

5. Granting the Petition will fulfill the FAA’s own declaration that encouraging new aviation technologies advances the public interest. The FAA itself has recognized the public interest in its role of "Encouraging and developing civil

ae ronautics, including new aviation technology." 5 Granting the Petition will enhance FAA fulfillment of that commitment, thereby serving the public interest. Air commerce flourishes in the United States because of the rapid pace of
innovation in aeronautical and associated technologies, followed by their commercialization and their introduction of the marketplace. The drone technology that the Petitioner uses exemplifies the latest innovative leap forward in aeronautical technolog y . Preventing it from using this in air commerce subverts achievement of the goal.

6. Granting the Petition will fulfill the Congressional determination that integrating sUAS technology into the NAS serves the public interest. Section 330 of the FAA Modernization and Reform Act of 2012, specifically recognizes the advantages to air commerce obtainable from the deployment of sUAS technologies. It mandated several steps by the FAA to accelerate the availability of these technologies in the National Airspace System, thereby representing a

c ongressional determination that the public interest is served by making these technologies more widely available at the earliest practicable date. The Petition represents a way for the FAA to move incrementally, while still satisfying its congressional man date and meeting its obligation to enhance the public interest by making new technologies available by allowing the use of sUAS technologies

5 FAA, Safety: The Foundation of Eve rything We Do, http://www.faa.gov/about/safety_efficiency/

.13 in a manner that protects the public and the rest of the aviation community from

significant risk.

The commercial a ctivities by Petitioner proposed in the Petition represent contributions to new forms of air commerce, thereby fulfilling the FAA’s statutory mandate under the 2012 Act.

7. Granting the Petition will enhance aviation safety, thereby advancing the public

inter est. The Petitioner’s flight training activities proposed in the Petition will serve the public interest because they will represent a pathway, not yet widely available, for aspiring sUAS operators to obtain formal training in a context that
links them to the safety

- conscious culture of manned aviation. This will produce more careful, knowledgeable, and skilled sUAS operators, who will understand and avoid risks to other aircraft and to persons or property on the ground.

8. The Petitioner has committed itself in the Petition to safety practices that reduce or eliminate hazards to aircraft in the National Airspace System and to persons and property on the ground. Many others are flying sUAS without regard to these hazards. Granting the Petition will offer the Pe titioner up as an example of how the FAA is willing to accommodate the new technology when it is constrained by appropriate limitations to enhance safety. It will also allow the Petitioner to be a role model for safe commercial sUAS operations.

Users of th e National Airspace System are confronted by mushrooming threats
from sUAS flown in defiance of the FAA’s ban. Unless the FAA shows some flexibility to accommodate lawful and safe operation of sUAS for legitimate commercial purposes, the level of defiance will increase, intensifying the hazards to manned aircraft and to persons and property on the ground.

The Petition to use a UAS for aerial data collection and its proposed limitations are similar in all material respects to those approved by the FAA in Gra nts of Exemption Nos. 11062 to Astraeus Aerial (see Docket No. FAA−2014−0352), 11109 to Clayco, Inc. (see Docket No. FAA−2014−0507), 11112 to VDOS Global, LLC (see Docket No. FAA−2014−0382), 11213 to Aeryon Labs, Inc. (see Docket No. FAA−2014−0642) and

113 10 to Colin Hinkle ( see Docket No. FAA

- 2014

- 0608). In those grants the FAA found that the enhanced safety achieved using an unmanned aircraft (UA) with the specifications described by the Petitioner and carrying no passengers or crew, rather14

than a manned aircraft of significantly greater proportions, carrying crew in addition to flammable fuel, gives the FAA good cause to find that the UAS operation enabled by this exemption is in the public interest.

The reasons stated by the FAA for granting Exemption No s. 11062, 11109, 11112, 11213
, and 11310 also apply to the situation presented by this Petition.

Respectfully submitted,

Henry H. Perritt, Jr.
Counsel for CD Aero Services, LLC.15 

## Appendix 1

FAR section Subject Justification 14 CFR § 45.23(b) Requirement to display registration number on vehicle Insufficient space on vehicle

14 CFR Part 21 Aircraft certification requirements and procedures Designed for manned aircraft; not suitable for off

- the

- shelf sUAS 14 CFR § 61.3 Requirement for pilot

c ertificate Part 61 requirements designed for manned aircraft, not sUAS; petition describes training for sUAS operator 14 CFR § 91.7 (a) Airworthiness requirement Designed for manned aircraft; not suitable for off

- the

- shelf sUAS 14 CFR § 91.9 (b) (2) Requirement for manual to be available in the cockpit No one aboard to read manual

14 CFR § 91.103(b) Requirement for crew members to be onboard Unmanned vehicle

14 CFR § 91.109 Requirement for dual controls during flight
instruction No one aboard to operate controls

14 CFR § 91.119 Minimum altitudes for safe flight Safety requires operation below these altitudes 14 CFR § 91.121 Altimeter settings No one aboard to read altimeter 14 CFR § 91.151(a) Fuel requirements Vehicle does not use fuel 14 CFR § 91.203 (a) & (b) Requirement for registration and airworthiness certificates to be onboard No one aboard to read certificates

14 CFR § 91.205(b) Cockpit instruments requirement No one aboard to read
instruments 14 CFR § 91.215 Transponder requirement Vehicle has insufficient useful load; will be operated below ATC radar
coverage 14 CFR § 91.405 (a) Inspection requirements Designed for manned aircraft; not suitable for16 off

- the

- shelf sUAS

14 CFR § 91.407(a) (1) Inspection approval requirements Designed for manned aircraft; not suitable for off

- the

- shelf sUAS 14 CFR § 91.409 (a) (2) Airworthiness inspection Designed for manned aircraft; not suitable for off

- the

- shelf sUAS 14 CFR § 91.417 (a) & (b) Maintenance records requirements Designed for manned aircraft; not suitable for off

- the

- shelf sUAS17 

## Appendix 2

Vehicle specifications

DJI Phantom18

Basic Parameters Operating Temperature

- 10°C ~ 50°C

Power Consumption
3.12W

Take

- Off Weight <1200g

Hovering Accuracy (GPS Mode)
Vertical: 0.8 m Horizontal: 2.5m

Max Yaw Angular Velocity 200°/s

Max Tilt Angle
45°

Max Ascent / Descent Speed 6m/s

Max Flight Velocity 10m/s

Diagonal Distance (Motor Center To Motor Center)
350mm

Phantom Prop Guard Weight(Single):18.7 g Size(Single): Angle(155.0°) Radius(112.32mm ) Whole Size with Four Prop Guards: 575.5mm

ESC Sound Introduction Ready ♪1234567

Throttle Stick Is Not At Bottom
BBBBBB...

Input Signal Abnormal
B

—— – B

——

– B...

Input Voltage Abnormal
BB

— BB

— BB

— BB...

Charger & Battery Parameters Charger AC Input
100

- 240V

Charge Current19 1A/2A/3A

Current Drain For Balancing
200mA

Power 20W

Battery Type LiPo

TX Parameters Working Frequency 2.4GHz ISM

Control Channels 7 Channels

Communication Distance
1000m

Receiver Sensitivity ( 1%PER )
>

- 100dBm

Power Consumption Of TX < 20dBm

Working Current /Voltage 52 mA@6V

AA Battery 4 Required



## DJI Inspire 1

Aircraft Model T600 Weight (Battery Included) 2935 g Hovering Accuracy (GPS Mode) Vertical: 0.5 m Horizontal: 2.5 m
Max Angular Velocity Pitch: 300°/s Yaw: 150°/s Max Tilt Angle20 35° Max Ascent Speed 5 m/s Max Descent Speed 4 m/s Max Speed 22 m/s (ATTI mode, no wind) Max Flight Altitude 4500 m Max Wind Speed Resistance 10 m/s Max Flight Time Approximately 18 minutes
Motor Model DJI 3510 Propeller Model DJI 1345 Indoor Hovering Enabled by default Operating Temperature Range

- 10° to 40° C Diagonal Distance 559 to 581 mm
Dimensions 438x451x301 mm

Gimbal Model ZENMUSE X3 Output Power (With Camera) Static: 9 W In Motion: 11 W Operating Current Station: 750 mA Motion: 900 mA Angular Vibration Range ±0.03° Mounting Detachable Controllable Range Pitch:

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

- 125° to +45° Pan: ±330° Max Controllable Speed Pitch: 120°/s Pan: 180°/s

Camera Name X3
Model21 FC350
Total Pixels 12.76M
Effective Pixels 12.4M Image Max Size 4000x3000 ISO Range 100

- 3200 (video) 100

- 1600 (photo) Electronic Shutter Speed 8s

- 1/8000s FOV (Field Of View) 94°
CMOS Sony EXMOR 1/2.3”
Lens 20mm (35mm format equivalent)f/2.8 focus at ∞ 9 Elements in 9 groups Anti

- distortion Still Photography Modes Single shoot Burst shooting: 3/5/7 frames Auto Exposure Bracketing (AEB): 3/5 bracketed frames at 0.7EV Bias Time

- lapse Video Recording Modes UHD (4K): 4096x2160p24/25, 3840x2160p24 /25/30 FHD: 1920x1080p24/25/30/48/50/60 HD: 1280x720p24/25/30/48/50/60 Max Bitrate Of Video Storage 60 Mbps Supported File Formats FAT32/exFAT Photo: JPEG, DNG Video: MP4/MOV (MPEG

- 4 AVC/H.264) Supported SD Card Types Micro SD Max capacity: 64 GB. Class 10 or UHS

- 1 rating required. Operating Temperature Range 0° to 40° C

Remote Controller Name C1 Operating Frequency 922.7~927.7 MHz (Japan Only) 5.725~5.825 GHz 2.400~2.483 GHz Transmitting Distance (Outdoor And Unobstructed) 2 km
EIRP 10dBm@900m, 13dBm@5.8G, 20dBm@2.4G22 Video Output Port USB, mini

- HDMI Power Supply Built

- in battery Charging DJI charger Dual User Capability Host

- and

- Slave connection
Mobile Device Holder Tablet or Phone
Max Mobile Device Width 170mm Output Power 9 W Operating Temperature Range

- 10° to 40° C Storage Temperature Range Less than 3 months:

- 20° to 45° C More than 3 months: 22° to 28° C Charging Temperature Range 0

- 40° C Battery 6000 mAh LiPo 2S

Charger Model A14

- 100P1A Voltage 26.3 V
Rated Power 100 W

Battery (Standard) Name Intelligent Flight Battery
Model TB47 Capacity 4500 mAh Voltage 22.2 V Battery Type LiPo 6S High voltage battery Energy 99.9 Wh Net Weight 570 g Operating Temperature Range

- 10° to 40° C Storage Temperature Range Less than 3 months:

- 20° to 45° C More than 3 months: 22° C to 28° C23 Charging Temperature Range 0° to 40° C Max Charging Power 180 W

Battery (Optional) Name Intelligent Flight Battery
Model TB48 Capacity 5700 mAh Voltage 22.8 V Battery Type LiPo 6S Energy 129.96 Wh Net Weight 670 g Operating Temperature Range

- 10° to 40° C Storage Temperature Range Less than 3 months:

- 20 to 45° C More than 3 months: 22° to 28° C Charging Temperature Range 0° to 40° C Max Charging Power 180 W

Vision Positioning Velocity Range Below 8 m/s (2 m above ground) Altitude Range 5

- 500 cm Operating Environment Brightly lit (lux > 15) patterned surfaces Operating Range 0

- 250 cm

DJI Pilot App Mobile Device System Requirements iOS 8.0 or later Android 4.1.2 or later Supported Mobile Devices * Compatible with iPhone 5s, iPhone 6, iPhone 6 Plus, iPad Air, iPad Air Wi

- Fi + Cellular, iPad mini 2, iPad mini 2 Wi

- Fi + Cellular, iPad Air 2, iPad Air 2 Wi

- Fi + Cellular, iPad mini 3, and iPad mini 3 Wi

- Fi + Cellular. This app is optimized for iPhone 5s, iPhone 6, and i Phone 6 Plus. * Samsung S5, Note 3, Sony Xperia Z3, Google Nexus 7 II, Google Nexus 9, Mi 3, Nubia Z7 mini *Support for additional Android devices available as testing and development continues



## DJI Spreading Wings S100024

Frame Diagonal Wheelbase 1045mm Frame Arm Length 386mm Frame Arm Weight (Including Motor, ESC, Propeller ) 325g
Center Frame Diameter 337.5mm Center Frame Weight (With Landing Gear Mounting Base, Servos) 1330g Landing Gear Size 460mm (Length) ×511mm (Width) ×305mm (Height), (Top width: 155 mm)

Motor Stator Size 41×14mm
KV 400rpm/V
Max Power 500W Weight(With Cooling Fan) 158g

ESC Working Current 40A Working Voltage 6S LiPo Signal Frequency 30Hz ~ 450Hz Drive PWM Frequency 8KHz Weight(With Radiators) 35g

Foldable Propeller (1552/1552R) Material High strength performance engineered plastics
Size 15×5.2inch Weight 13g

Flight Parameters Takeoff Weight 6.0Kg ~ 11.0Kg Total Weight 4.2Kg Power Battery LiPo (6S

、 10000mAh~20000mAh

、 15C(Min)) Max Power Consumption 4000W Hover Power Consumption25 1500W (@9.5Kg Takeoff Weight)
Hover Time 15min (@15000mAh & 9.5Kg Takeoff Weight) Working Environment Temperature

- 10 °C ~ +40 °C

Gain Value Settings For A2 Flight Controller Basic: Roll 120%, Pitch 120%, Yaw 120% Attitude: Roll 170%, Pitch 170%, Vertical 120% For WooKong

- M Flight Controller Basic: Roll 180%, Pitch 180%, Yaw 120% Attitude: Roll 180%, Pitch 180%, Vertical 120%