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October 9, 2015

Attn:

U. S. Department of Transportation Docket Operations

West Building Ground Floor, Room w12-140

1200 New Jersey Ave, SE Washington, DC 20590

RE: AERIAL IMAGES RALEIGH, LLC

REQUEST AN EXEMPTION FROM THE REQUIREMENTS OF TITLE 14 OF THE CODE OF

FEDERAL REGULATIONS

SECTIONS 61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) &

(a)(2), AND 91.417(a) & (b) CONCERNING COMMERCIAL OPERATION OF DJI Phantom 2

and DJI Inspire 1 UNMANNED AIRCRAFT SYSTEMS PURSUANT TO SECTION 333 OF

THE FAA MODERNIZATION AND REFORM ACT OF 2012 (PUBLIC LAW 112-95)

Andrew Smarra

President

Aerial Images Raleigh, LLC

1802 Pineview Street

Raleigh NC 27608

(919) 235.8141

aerialimagesraleigh@gmail.com
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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 National Airspace System

NOTAM Notice to Airman

PIC Pilot In Command

Section 333 FAA Modernization and Reform Act of 2012 (FMRA) Section 333

SO Safety Observer

SOP Standard OperatingProcedures

UA Unmanned Aircraft

UAS Unmanned Aircraft System

VFR Visual Flight Rules

VLOS Visual Line of Site

VMC Visual Meteorological Conditions

VTOL Vertical Takeoff and Landing
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SUMMARY

AERIAL IMAGES RALEIGH, LLC seeks exemption from the requirements of 14 C.F.R §§

61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2),

and 91.417(a) & (b), to operate an Unmanned Aircraft System pursuant to Section 333 of

the FAA Modernization and Reform Act of 2012 (FMRA). This exemption will AERIAL

IMAGES RALEIGH to operate an Unmanned Aircraft System (UAS) for the commercial

purpose of conducting aerial video and photography of construction sites, real estate, and

landscape and over certain areas of the United States.

INTRODUCTION AND INTERESTS OF THE PETITIONER

AERIAL IMAGES RALEIGH provides clients with expertise and knowledge in advanced

technologies and solutions to increase efficiency, productivity and effectiveness.

 Real estate and private property aerial photography

 Aerial acquisitions used for inspections of public and private structures.  Increase public knowledge of UAS and promote safe UAS operations.
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BACKGROUND

Unmanned Aircraft Systems: DJI Inspire 1 and DJI Phantom 2

Aerial Images Raleigh seeks an exemption to operate DJI systems for compensation or hire

within the NAS. DJI Inspire and Phantom quadcopter is a vertical takeoff andlanding

(VTOL) Unmanned Aircraft (UA) with a Ground Control Station (GCS) utilizing

electronic tablet or smart phone systems. The DJI Phantom 2 and DJI Inspire 1quadcopter

has a maximum gross weight of approximately 2 pounds 11 ounces, while having a length

of 14 inches width of 14 inches, height of 8.5 inches, and a maximum speed of

approximately 29 knots. The DJI Phantom 2 and DJI Inspire 1quadcopter is equipped with

four main rotors; driven byLithium Polymer battery powered electric motors.

The DJI Phantom 2 and DJI Inspire 1quadcopter UAS that will be operated by Aerial

Images Raleigh will be registered in accordance with 49 U.S.C. 44103, Registration of

Aircraft, as well as 14 C.F.R Part 47, Aircraft Registration, and marked in accordance with

14 C.F.R. Part 45, Identification and Registration Marking. BASIS FOR PETITION

Petitioner, Aerial Images Raleigh, 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, hereby

petitions the Administrator to commercially operate the DJI Inspire 1 an DJI Phantom 2

quadcopter UAS inthe National Airspace System (NAS), and for an exemption from the

requirements of 14 C.F.R

§§ 61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) &

(a)(2), and 91.417(a) & (b).
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In consideration of the speed, weight, size, and limited operating area associated with the

unmanned aircraft and its operation, AERIAL IMAGES RALEIGH’s operation of DJI

Phantom 2 and DJI Inspire 1 quadcopter UAS meets the conditions of FMRA Section 333

andtherefore, will not require an airworthiness certificate in accordance with 14 C.F.R. Part

21, Subpart H.

Accordingly, AERIAL IMAGES RALEIGH requests relief from Sections 91.405(a),

91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b), as these sections set forth

requirements for maintenance that only apply to aircraft with an airworthiness certificate.

AERIAL IMAGES RALEIGH submits that the requested relief is proper since an

equivalent level of safety will be ensured. AERIAL IMAGES RALEIGH will use

experienced personnel or technicians to perform maintenance, alterations, or preventive

maintenance on the UASs using the methods, techniques, and practices prescribed in the

operating documents (i.e., Monthly Maintenance Log, and DJI Phantom 2 and DJI Inspire 1

quadcopter InstructionManual).

Furthermore, AERIAL IMAGES RALEIGH will document and maintain all maintenance

records for the DJI Phantom 2 and DJI Inspire 1 quadcopter UAS.

Relief from certain requirements of Section 61.113(a) and (b), entitled Private pilot

privileges and limitations: Pilot in command, is requested by AERIAL IMAGES

RALEIGH to the extent necessary to allow a Pilot in Command (PIC) holding a private

pilot or higher level certificate, as well as an airman medical certificate, and who has

demonstrated, by meeting minimum flight- hour and currency requirements, that the PIC is

able to safely operate the DJI Phantom 2 and DJI Inspire 1 quadcopter UAS in a manner

consistent with this exemption, including evasive and emergency maneuvers and

maintaining appropriate distances from people, vessels, vehicles and structures.
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AERIAL IMAGES RALEIGH seeks relief from Section 91.7(a), entitled Civil aircraft

airworthiness, because the DJI Inspire 1 and DJI Phantom 2 quadcopter UAS does not

require an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H. As

such, AERIAL IMAGES RALEIGH and owner ANDREW SMARRA submits that he will

ensure that the DJI Inspire 1 and DJI Phantom 2 quadcopterUAS are in an airworthy

condition, prior to every flight, by determining that the UAS isin compliance with the

operating documents (i.e., Monthly Maintenance Log, and DJI quadcopter Instruction

Manual), and that the aircraft is in a condition for safe flight.

AERIAL IMAGES RALEIGH also seeks an exemption from the requirements of Section

91.121, entitled Altimeter Settings, as the DJI Phantom 2 and DJI Inspire 1 quadcopters UA

will not have a typical barometric altimeter onboard. However, altitude information of the

DJI Phantom 2 and DJI Inspire 1 quadcopters UA will be provided to the PIC via Global

Positioning System (GPS) equipment and radio communications telemetry data link, which

downlinks from the UA to the GCS for active monitoring of the flight path. This altitude

information, combined with AERIAL IMAGES RALEIGH’s operation of the DJI Phantom

2 and DJI Inspire 1 quadcopters UAS within visual line of sight, at or below 400 feet AGL,

will ensure a level of safety equivalent to Section 91.121.

Additionally, AERIAL IMAGES RALEIGH seeks an exemption from the requirements of

Section 91.151(b), entitled Fuel requirements for flight in VFR conditions. AERIAL

IMAGES RALEIGH submits that safety will not be affected by operation of the DJI

Phantom 2 and DJI Inspire 1 quadcopters UA during daylight hours in visual meteorological

conditions (VMC) under visual flight rules (VFR), with enough battery power to fly for a

total duration of
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approximately 20 minutes to the first point of intended landing and, assuming normal

cruising speed, to fly after that for at least 5 minutes.

In accordance with 14 C.F.R. § 11.81, AERIAL IMAGES RALEIGH 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: AERIAL

IMAGES RALEIGH LLC

President/Owner Andrew Smarra

1802 Pineview Street

Raleigh NC 27608

B. The Specific Sections Of 14 C.F.R. From Which Aerial Images Raleigh

Seeks Exemption.

1. Aerial Images Raleigh 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

(PIC) of an aircraft that is carrying passengers or property for compensation or

hire; nor may that person, for compensation or hire, act as PIC of an aircraft.

(b) A private pilot may, for compensation or hire, act as PIC of an aircraft in

connection with any business or employment if—

(1) The flight is only incidental to that business or employment; and

(2) The aircraft does not carry passengers or property for compensation or hire.

2. Aerial Images Raleigh Seeks Exemption From The Requirements Of

Section 91.7(a).

Section 91.7, entitled Civil aircraft airworthiness, subsection (a), statesthe following:
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(a) No person may operate a civil aircraft unless it is in an airworthy condition.

3. Aerial Images Raleigh Seeks Exemption From The Requirements Of

Section 91.121.

Section 91.121, entitled Altimeter settings, subsection (a), states the following, in part:

(a) Each person operating an aircraft shall maintain the cruising altitude or flight

level of that aircraft, as the case may be, by reference to an altimeter that isset,

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 availablebefore

departure.

4. Aerial Images Raleigh 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. Aerial Images Raleigh 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—
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(a) Shall have that aircraft inspected as prescribed in subpart E of this part and shall

between required inspections, except as provided in paragraph (c) of this section, have

discrepancies repaired as prescribed in part 43 of this chapter[.]

6. Aerial Images Raleigh 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 thefollowing:

(a) No person may operate any aircraft that has undergone maintenance, preventive

maintenance, rebuilding, or alteration unless--

(1) It has been approved for return to service by a person authorized under §

43.7 of this chapter[.]

7. Aerial Images Raleigh Seeks Exemption From The Requirements Of

Sections 91.409(a)(1) And 91.409(a)(2).

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

(a) Except as provided in paragraph (c) of this section, no person may operate an

aircraft unless, within the preceding 12 calendar months, it has had --

(1) An annual inspection in accordance with part 43 of this chapter and has

been approved for return to service by a person authorized by § 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. Aerial Images Raleigh 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 theperiods

specified in paragraph (b) of this section:

(1) Records of the maintenance, preventive maintenance, and alteration and

records of the 100-hour, annual, progressive, and other required or approved

inspections, as appropriate, for each aircraft (including the airframe) and
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each engine, propeller, rotor, and appliance of an aircraft. The records must include--

(i) A description (or reference to data acceptable to the Administrator) of

the work performed; and

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

(iii) The signature, and certificate number of the person approving the

aircraft for return to service.

(2) Records containing the following information:

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

each rotor.

(ii) The current status of life-limited parts of each airframe, engine,

propeller, rotor, and 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 inspection status of the aircraft, including the time since the

last inspection required by the inspection program under which the

aircraft and its appliances are maintained.

(v) The current status of applicable airworthiness directives (AD) and safety

directives including, for each, the method of compliance, the AD or

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 by § 43.9(d) of this chapter for each

major alteration to the airframe and currently installed engines, rotors,

propellers, and appliances.

(b) The owner or operator shall retain the following records for the periods

prescribed:

(1) The records specified in paragraph (a)(1) of this section shall be retained

until the work is repeated or superseded by other work or for 1 year after the

work is performed.

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

and transferred with the aircraft at the time the aircraft is sold.
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(3) A list of defects furnished to a registered owner or operator under § 43.11 of

this chapter shall be retained until the defects are repaired and the aircraft is

approved for return to service.

C.The Extent Of Relief Aerial Images Raleigh Seeks And The Reason Aerial

Images Raleigh Seeks The Relief.

1. Extent Of Relief Aerial Images Raleigh Seeks And The Reason Aerial

Images Raleigh 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 PIC holding a private pilot or

higher level certificate, as well as a current and valid airman medical certificate, and who

has met certain flight-hour and currency requirements, to conduct the proposed UAS flight

operations for compensation or hire.

This relief is requested since the limitations set forth in Section 61.113(a) and (b) state that a

private pilot may, for compensation or hire, act as PIC of an aircraft in connection with any

business or employment if: (1) The flight is only incidental to that business or employment;

and (2) The aircraft does not carry passengers or property for compensation or hire.

As set forth more fully below, Aerial Images Raleigh submits that an equivalent level of

safety will be maintained because no PIC will be allowed to operate the DJI Phantom 2 and

DJI Inspire 1 quadcopters UAS unless that PIC has met certain flight-hour and currency

requirements, demonstrating that the PIC is able to safely operate the DJI Phantom 2 and

DJI Inspire 1quadcopters UAS in a manner consistent with the operations specifications as

described in this exemption, including evasive and emergency maneuvers, as well as

maintaining appropriate distances from people, vessels, vehicles and structures.
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Further, Aerial Images Raleigh submits that all flights of the DJI Phantom 2 and DJI

Inspire 1 quadcopters UAS, conducted by the PIC pursuant to the grant of this Petition: (1)

will be incidental to Aerial Images Raleigh’s business; and (2) will not carry passengers or

property for compensation or hire.

2. Extent Of Relief Aerial Images Raleigh Seeks And The Reason Aerial

Images Raleigh 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 Aerial Images Raleigh to determine that the DJI Phantom 2 and DJI

Inspire 1 quadcopters UAS are in airworthy condition prior to every flight by ensuring that

the UAS is in compliance with the operating documents (i.e., Monthly Maintenance Log,

and DJI Phantom 2 and DJI Inspire 1quadcopter Instruction Manual).

Aerial Images Raleigh seeks the requested relief because the DJI Phantom 2 and DJI

Inspire 1 quadcopters UAS does not require an airworthiness certificate in accordance with

14 C.F.R. Part 21, Subpart H. Therefore, Aerial Images Raleigh will ensure that the DJI

Phantom 2 and DJI Inspire 1 quadcopters UAS are in airworthy condition based upon its

compliance with the operating documents (i.e., Monthly Maintenance Log, and DJI

Phantom 2 and DJI Inspire 1 quadcopter Instruction Manual) prior to every flight, and

further, determine that the aircraft is in condition for safe flight, as stated in the conditions

and limitations below.

3. Extent Of Relief Aerial Images Raleigh Seeks And The Reason Aerial

Images Raleigh Seeks Relief From Section 91.121.

Relief from Section 91.121, entitled Altimeter settings, may be required to allow flight

operations of the DJI Phantom 2 and DJI Inspire 1 quadcopters UAS, which utilize a

barometric pressure sensor, GPS equipment, and a radio communications telemetry data

link to downlink altitude information from the UA to the PIC at the ground control station
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(GCS). Since the FAA requires that any altitude information concerning UAS operation be

reported to air traffic control (ATC) in feet above ground level (AGL), Aerial Images

Raleigh seeks the requested relief because the DJI Phantom 2 and DJI Inspire 1

quadcopters UAaltimeter may be set on the ground to zero feet AGL, rather than the local

barometric pressure or field altitude, before each flight.

Considering the limited altitude of the proposed operations, relief from 14 CFR

91.121 is sought to the extent necessary to comply with the applicable conditions and

limitations stated below. As more fully set forth herein, an equivalent level of safety will be

maintained since the DJI Phantom 2 and DJI Inspire 1 quadcopters UA is equipped with a

barometric pressure sensor and GPS equipment, which automatically ensures that a ground

level pressure setting will be established prior to each flight, and provides the PIC with

altitude information of the UA on the heads-up display of the GCS.

4. Extent Of Relief Aerial Images Raleigh Seeks And The Reason Aerial

Images Raleigh 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 DJI Phantom 2 and

DJI Inspire 1 quadcopters UA during daylight hours in visual meteorological conditions

(VMC), under visual flight rules (VFR), for a total duration of 14 minutes to the first point

of intended landing and, assuming normal cruising speed, to fly after that for at least 5

minutes. Aerial Images Raleigh seeks the requested relief because without an exemption

from Section 91.151(b), the flight time duration of the battery powered DJI Phantom 2 and

DJI Inspire 1 quadcopters UA will severely constrain the practicality of any aerial video or

stillphoto flight operations that Aerial Images Raleigh proposes to conduct pursuant to this

Petition.

Significantly, as set forth below, the technical specifications of the DJI Phantom 2 and DJI
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Inspire 1 quadcopters UAS, the DJI Phantom 2 and DJI Inspire 1 quadcopters operating

documents, Aerial Images Raleigh’s proposed operating limitations, ensure that Aerial

Images Raleigh willsafely operate the battery powered DJI Phantom 2 and DJI Inspire 1

quadcopters UA during daylight hours in visual meteorological conditions (VMC), under

visual flight rules (VFR), with enough battery power to fly for a total duration of 14

minutes to the first point of intended landing and, assuming normal cruising speed, to fly

after that for at least 5 minutes.

5. Extent Of Relief Aerial Images Raleigh Seeks And The Reason Aerial

Images Raleigh Seeks Relief From Sections 91.405(a), 91.407(a)(1),

91.409(a)(1) & (a)(2), And 91.417(a) & (b).

Since Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b) only

apply to aircraft with an airworthiness certificate, Aerial Images Raleigh requests relief

from these Sections because the DJI Phantom 2 and DJI Inspire 1 quadcopters UAS does

not require airworthiness certificates. As set forth more fully below, the DJI Phantom 2 and

DJI Inspire 1 quadcopters UAS meet the conditions of FMRA Section 333 for operation

without an airworthiness certificate. Accordingly, Aerial Images Raleigh will use trained

technicians to perform maintenance, alterations, or preventive maintenance on the UASs

using the methods, techniques, and practices prescribed in the UAS operating documents

(i.e., Monthly Maintenance Log, and DJI Phantom 2 and DJI Inspire 1 quadcopter).

Furthermore, Aerial Images Raleigh will document and maintain all maintenance records

for the DJI Phantom 2 and DJI Inspire 1 quadcopters UAS.

D.The Reasons Why Granting Aerial Images Raleigh’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 by allowing Aerial Images

Raleigh to safely, efficiently, and economically perform aerial video and photography of

construction sites, real estate, and landscape over certain areas of the United States.
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Additionally, use of the DJI Phantom 2 and DJI Inspire 1 quadcopters UAS will decrease

congestion of the NAS, reduce pollution, and provide significant benefits to the economy.

Notably, the benefits of Aerial Images Raleigh’s proposed operation of the DJI Phantom 2

and DJI Inspire 1 quadcopters UAS will be realized without implicating any privacyissues.

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

The DJI Phantom 2 and DJI Inspire 1quadcopter UA is battery powered and serves 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 DJI Phantom 2 and DJI Inspire 1

quadcopters UASwould 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. Furthermore, by reducing the number of manned aircraft operating in the NAS,

congestion around airports caused by arriving and departing aircraft will be reduced.The

DJI Phantom 2 and DJI Inspire 1 quadcopters UA do not require an airport to takeoff or

land. Likewise, a reduction of manned aircraft conducting aerial video and photography

missionswould result in fewer aircraft that must be handled by air traffic control during the

ground, takeoff, departure, arrival, and landing phases of flight operations.

2. The Public Will Benefit From the Safety And Efficiency Of The DJI

Phantom 2 and DJI Inspire 1 quadcopter UAS.

Conducting aerial acquisitions with the DJI Phantom 2 and DJI Inspire 1 quadcopters

UAS, instead of manned aircraft, will greatly benefit the public by reducing the levels of

air and noise pollution generated during traditional aerial video and still photography flight

operations. By using battery power and electric motors, the DJI Phantom 2 and DJI Inspire

1 quadcopters UAS produce no air pollution, and is the most viable environmentally

conscious alternative to the cabin class, six cylinder internal combustion engine aircraft
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that are typically utilized for aerial video and photography, while burning approximately

20-30 gallons per hour of leaded aviation fuel. The DJI Phantom 2 and DJI Inspire 1

quadcopters UA,while reducing the carbon footprint of aerial acquisitions, also eliminates

noise pollution, as the UAs are propelled by battery powered electric motors, rather than

an internal combustion engine. By using the DJI Phantom 2 and DJI Inspire 1 quadcopters

UAS to perform aerial acquisitions, the substantial risk to life and property in the air and

on the ground, which is usually associated with traditional manned aircraft flight

operations, will be substantially reduced or completely eliminated. Aside from the lack of

flight crew members located onboard the aircraft, the DJI Phantom 2 and DJI Inspire 1

quadcopters UA (DJI Inspire 1 weighing approximately 6.47 pounds with battery, at its

maximum gross weight with a length and width of 17.24 inches x 17.75 inches x 11.85

inches, and with no fuel on board and DJI Phantom 2 weighing approximately 2.2 pounds

with battery, at its maximum gross weight with a diagonal length of 13.8 inches, and with

no fuel on board), has less physical potential for collateral damage to life and property on

the ground, and in the air, compared to the manned aircraft that typicallyconduct similar

operations (weighing approximately 6,000 pounds with a wingspan of approximately 42

feet, a length of 34 feet, and a fuel capacity of 180 gallons).

3. Performing Aerial Video and Photography Operations with the DJI

Phantom 2 and DJI Inspire 1 quadcopters UAS Will Benefit the

Economy.

In addition to being safe and efficient, the DJI Phantom 2 and DJI Inspire 1 quadcopters

UAS are also an economical alternative to using manned aircraft to conduct similar aerial

operations. As such, operation of the DJI Phantom 2 and DJI Inspire 1 quadcopter UAS will

allow United States based companies, like Aerial Images Raleigh’s, to remain competitive

and contribute to growth of the U.S. economy. Specifically, with the rising cost of aviation
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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 DJI Phantom 2

and DJI Inspire 1 quadcopter UASs is one such technology that not only allows companies

greater operational flexibility compared to manned aircraft, but provides such flexibility

without the high operational cost of a traditional mannedaircraft.

By operating the DJI Phantom 2 and DJI Inspire 1 quadcopter UAS, companies such as

Aerial Images Raleigh’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 DJI Phantom 2 and DJI Inspire 1 quadcopter UAS, 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 United States and abroad.

4. There Are No Privacy Issues.

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

decades, Aerial Images Raleigh’s proposed operation of the DJI Phantom 2 and DJI Inspire

1 quadcopter UAS will not implicate any privacy issues. Specifically, the DJI Phantom 2

and DJI Inspire 1 quadcopter UAS will be operated only in compliance with operating

documents (i.e., Monthly Maintenance Log, and DJI Phantom 2 and DJI Inspire

1quadcopter) which requires property owner involvement as well as local law enforcement

notification, and in accordance with the Federal Aviation Regulations, including the

minimum altitude requirements of 14 C.F.R. § 91.119.
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E. The Reasons Why Granting The Exemption Would Not Adversely Affect Safety,

Or How The Exemption Would Provide A Level Of Safety At Least Equal To That

Provided By The Rule From Which Aerial Images Raleigh Seeks Exemption.

1. Reasons Why The DJI Phantom 2 and DJI Inspire 1 quadcopter UA

Meets The Conditions Of The FAA Modernization and Reform Act of

2012 (FMRA) Section 333.

In consideration of the size, weight, speed, and limited operating area associated with the

unmanned aircraft and its operation, Aerial Images Raleigh’s operation of the DJI Phantom

2 and DJI Inspire 1 quadcopter UAS meets 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. Specifically, FMRA

Section 333 states the following, in part:

(a) In General.--Notwithstanding any other requirement of this subtitle, and not

later than 180 days after the date of enactment of this Act, the Secretary of

Transportation shall determine if certain unmanned aircraft systems may

operate safely in the national airspace system before completion of the plan

and rulemaking required by section 332 of this Act or the guidance required by

section 334 of this Act.

(b) ) Assessment of Unmanned Aircraft Systems.--In making the determination

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

(1) ) which types of unmanned aircraft systems, if any, as a result of their

size, weight, speed, operational capability, proximity to airports and

populated areas, and operation within visual line of sight do not create

a hazard to users of the national 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 operation of unmanned aircraft systems

identified under paragraph (1).

(c) Requirements for Safe Operation.--If the Secretary determines underthis

section that certain unmanned aircraft systems may operate safely in the
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national airspace system, the Secretary shall establish requirements for the safe operation

of such aircraft systems in the national airspace system.

In seeking this exemption, Aerial Images Raleigh submits that the DJI Phantom 2 and DJI

Inspire 1 quadcopter UAS can operate safely in the NAS pursuant to FMRA Section 333,as

demonstrated by: (a) the characteristics of the DJI Phantom 2 and DJI Inspire 1quadcopter

UAS; (b) the pilot certification requirement; and (c) the specific operating limitations.

a. The Specifications Of The DJI Phantom 2 and DJI Inspire 1quadcopter

UAS Demonstrate Its Safe Characteristics.

The DJI Phantom 2 and DJI Inspire 1 quadcopter UAS does not create a hazard to users of

the NAS or the public, or otherwise pose a threat to national security considering its size,

weight, speed, and operational capability.

i. Technical Specifications Of The DJI Phantom 2 and DJI Inspire 1

quadcopter UAS.

The technical specifications of the DJI Phantom 2 and DJI Inspire 1quadcopter UAS is set

forth by the DJI Phantom 2 and DJI Inspire 1quadcopter Specifications and Data Sheet,

attached hereto as Exhibit A.

ii. The DJI Phantom 2 and DJI Inspire 1 quadcopter UAS

Autonomous Flight And Navigation Modes Enable The UASs To

Remain Within A Defined Operational Area.

The DJI Phantom 2 and DJI Inspire 1 quadcopter UAS may be operated in both manual and

fully autonomous flight modes. A complete description of the flight and navigational

modes of the DJI Phantom 2 and DJI Inspire 1 quadcopter UAS is provided in the

quadcopter User Manual, attached hereto as Exhibit B.

iii. The DJI Phantom 2 and DJI Inspire 1quadcopter UAS is

Designed For Automatic Return To Home Point Or Hover In

The Event Of Loss Of The Control Link Or Navigation.

When the Control Link is lost, the DJI Phantom 2 and DJI Inspire 1 quadcopter UA will

remain stationary, in flight, for 3 seconds or more. If, after 3 seconds, the DJI Phantom 2
20

and DJI Inspire 1 quadcopter Professional UA does not reacquire control link data from the

GCS, the UAs will assume that the Control Link is lost and the UAs will return to the home

position (i.e., failsafe mode) via GPS, and will descend to the takeoff position and

shutdown.

A complete description of the Failsafe Functions of the DJI Phantom 2 and DJI Inspire 1

quadcopter UAS are set forth in the User Manual, attached hereto as Exhibit B.

iv. The DJI Phantom 2 and DJI Inspire 1 quadcopter GCS And Its

Operation.

A complete description of the operation and specifications of the DJI Phantom 2 and DJI

Inspire 1 quadcopter GCS and flight control software is provided in the DJI Phantom 2 and

DJI Inspire 1 quadcopter User Manual. DJI Phantom 2 and DJI Inspire 1 quadcopter User

Manual is attached hereto as Exhibits B.

b.Flights Of DJI Phantom 2 and DJI Inspire 1 quadcopter UAS Will Be

Conducted Pursuant To Specific Operating Limitations.

In seeking this exemption, Aerial Images Raleigh proposes to commercially operate DJI

Phantom 2 and DJI Inspire 1 quadcopter UAS for the special purpose of conducting aerial

video and photography over certain areas of United States, pursuant to the following

specific operating limitations:

1. Operations authorized by this grant of exemption will be limited to the

following aircraft described in the operating documents, rotorcraft UASs

weighing less than 55 pounds maximum gross weight: DJI Phantom 2 and DJI

Inspire 1 quadcopterUnmanned Aircraft Systems. Proposed operations of any

other aircraft will require a new petition or a petition to amend thisgrant.

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

for the purpose of aerial video and photography.

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

4. The UA must be operated at an altitude of no more than 400 feet above ground

level (AGL), as indicated by the procedures specified in the operating

documents unless a special request is made and approved by ATC. All altitudes

reported to ATC must be in feet AGL.
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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 airman

medical certificate.

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

permitted.

7. All operations must utilize a safety observer (SO). The SO may be used to satisfy

the VLOS requirement as long as the PIC always maintains VLOS capability.

The SO and PIC must be able to communicate verbally at all times. Electronic

messaging or texting is not permitted during flight operations. The PIC must be

designated before the flight and cannot transfer his or her designation for the

duration of the flight. The PIC must ensure that the SO can perform the functions

prescribed in the operating documents.

8. The SO must not perform any other duties beyond assisting the PIC with seeing

and avoiding other air traffic and other ground based obstacles/obstructions and

is not permitted to operate the camera or other instruments.

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

during UAS operations and made available to the Administrator upon

request. If a discrepancy exists between the conditions and limitations

contained in the grant of exemption and the procedures outlined in the

operating documents,the conditions and limitations contained in the grant of

exemption take precedence and must be followed. Otherwise, the operator

must follow the procedures 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. Prior to each

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

flight. If the inspection reveals a condition that affects the safe operation of

the UAS, the aircraft is prohibited from operating until the necessary

maintenance has been performed and the UAS is found to be in a condition

for safe flight. The Ground Control Station must be included in the preflight

inspection. All maintenance and alterations must be properly documented in

the aircraft records.

10. Any UAS that has undergone maintenance or alterations that affect the UAS

operation or flight characteristics, e.g. replacement of a flight critical

component, must undergo a functional test flight. The PIC who conducts the

functional test flight must make an entry in the aircraft records.
22

11. The pre-flight inspection must account for all potential discrepancies, e.g.

inoperable components, items, or equipment, not already covered in the

relevant sections of the operating documents.

12. The operator must follow the UAS manufacturer’s aircraft/component,

maintenance, overhaul, replacement, inspection, and life limit requirements.

13. 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.

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

Safety Bulletins.

15. The authorized person must make an entry in the aircraft record of the

corrective action taken against discrepancies discovered between inspections.

16. The PIC must possess at least a current third- class medical certificate.

17. The operator may not permit any PIC to operate unless the PIC meets the

operator’s qualification criteria and demonstrates the ability to safely operate

the UAS in a manner consistent with how the UAS will be operated under the

exemption, including evasive and emergency maneuvers and maintaining

appropriate distances from 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 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 C.F.R. §

91.119.

18. UAS operations may not be conducted during night, as defined in 14 C.F.R. §

______________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.

19. The UA may not operate within 5 nautical miles of an airport reference point as

denoted on a current FAA-published aeronautical chart unless a letter of

agreement with that airport’s management is obtained, and the operation is

conducted in accordance with a NOTAM as required by the operator’s COA.

The letter of agreement with the airport management must be made available to

the Administrator upon request.
23

20. The UA may not be operated less than 500 feet below or less than 2,000 feet

horizontally from a cloud or when visibility is less than 3 statute miles from the

PIC.

21. 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.

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

emergencies in accordance with the operating documents.

23. The PIC is prohibited from beginning a flight unless (considering wind and

forecast weather conditions) there is enough power to fly at normal cruising

speed to the intended landing point and land the UA with 25% battery power

remaining.

24. The operator must obtain an Air Traffic Organization (ATO) issued Certificate

of Waiver or Authorization (COA) prior to conducting any operations under the

grant of exemption. This COA will also require the operator to request a Notice

to Airman (NOTAM) 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.

25. 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.

26. Before conducting operations, the radio frequency spectrum used for operation

and control of the UA must comply with the Federal Communications

Commission (FCC) or other appropriate government oversight agency

requirements.

27. The documents required fewer than 14 C.F.R. 91.9 and 91.203 must be

available to the PIC at the Ground Control Station of the UAS any time the

UAS is operating. These documents must be made available to the

Administrator or any law enforcement official upon request.

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

operations and activities at all times.

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

30. Flight operations must be conducted at least 500 feet from all nonparticipating

persons (persons other than the PIC, SO, operator trainees or essential persons),

vessels, vehicles, and structures unless:

a. Barriers or structures are present that sufficiently protect nonparticipating

persons from the UA and/or debris in the event of an accident.The
24

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 PIC has made a safety assessment of the risk of

operating closer to those objects and determined that it does not present

an undue hazard, and;

c. Operations nearer to the PIC, SO, operator trainees or essential persons

do not present an undue hazard to those persons per § 91.119(a).

31. 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.

32. 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. 2. Reasons Why An Exemption From The Requirements Of Section61.113(a)

And (b) Would Not Adversely Affect Safety.
25

Aerial Images Raleigh submits that the equivalent level of safety established by Section

61.113(a) and (b) will be maintained because no PIC will be allowed to operate the DJI

Phantom 2 and DJI Inspire 1 quadcopter UAS unless that PIC has demonstrated, by meeting

minimum flight-hour and currency requirements, that the PIC is able to safely operate the

DJI Phantom 2 and DJI Inspire 1 quadcopter UAS in a manner consistent with the

exemption, including evasive and emergency maneuvers and maintaining appropriate

distances from people, vessels, vehicles and structures.

Considering Aerial Images Raleigh’s proposed area of operations, and the operating

limitations set forth-above; the parallel nature of private pilot aeronautical knowledge

requirements to those of commercial pilot requirements (See Exemption No. 11062); and

the airmanship skills necessary to safely operate the DJI Phantom 2 and DJI Inspire 1

quadcopter UAS, Aerial Images Raleigh submits that the additional manned airmanship

experience of a commercially certificated pilot would not correlate to the airmanship skills

necessary for Aerial Images Raleigh’s specific proposed flight operations.

The FAA has previously granted relief from Section 61.113(a) and (b) specific to UAS, in

circumstances similar, in all material respects, to those presented herein (e.g.

Exemption Nos. 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110, 11112,

11136, 11138, 11150, 11153, 11156, 11158, 11159, 11160, 11161).

Aerial Images Raleigh will not allow any PIC to operate the DJI Phantom 2 and DJI Inspire

1 quadcopter UAS unless that PIC has demonstrated, by meeting minimum flight-hour

requirements or the DJI Phantom 2 and DJI Inspire 1 quadcopter UAS training and currency

requirements, that the PIC is able to safely operate the DJI Phantom 2 and DJI Inspire 1

quadcopter UAS in amanner consistent with this exemption, including evasive and

emergency maneuvers and maintaining appropriate distances from people, vessels, vehicles
26

and structures.

Specifically, the PIC must have accumulated and logged, in a manner consistent with 14

C.F.R. § 61.51(b), 25 hours of total time as a UAS rotorcraft pilot (with a minimum of 5

hours of those hours as a UAS pilot operating the same make and model of UAS to be used

for operations under the exemption). In addition to the hour requirements, the PIC must

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

As in Exemption Nos. 11062, 11138, and 11153, prior documented flight experience that

was obtained in compliance with applicable regulations will ensure an equivalent level of

safety during Aerial Images Raleigh’s proposed operations. The Administrator has held that

prior documented flight experience that was obtained in compliance with applicable

regulations would ensure safe operations, stating as follows:

In Exemption No. 11062, the FAA required that prior to conducting operations for the

purpose of motion picture filming (or similar operations), the PIC must have accumulated

and logged, in a manner consistent with 14 CFR 61.51(b), 25 hours of total time as a UAS

rotorcraft pilot including at least 10 hours logged as a UAS pilot with a multi-rotor UAS.

Prior to operations under Exemption No. 11062, the PIC must also have accumulated and

logged a minimum of 5 hours as a UAS pilot operating the same make and model of UAS

to be used for operations under the exemption. For clarification, the FAA considers these

minimum hour requirements to be inclusive rather than additive; i.e. 5 hours make and

model time may be included in the 10 hours of multi-rotor time and the 10 hours may be

included in the total 25 hours of UAS rotorcraft time. In addition to the hour requirements,

the PIC must accomplish 3 takeoffs and landings in the preceding 90 days (for

currency purposes). The FAA finds that at a minimum, the flight-hour requirements in

Exemption No. 11062 are appropriate to practice and build proficiency in the skills

necessary to safely conduct the petitioner’s proposed operations. The FAA also finds that

prior documented flight experience that was obtained in compliance with applicable

regulations would satisfy this requirement. Training, proficiency, and experience-building

flights can also be conducted under the grant of exemption to accomplish the required flight

time.

During training, proficiency, and

experience-building flights the PIC is required to operate the UA with appropriate distances

in accordance with 14 C.F.R 91.119.

Exemption No. 11138 at page 15.

Accordingly, Aerial Images Raleigh will ensure safe operations by not allowing any PIC to
27

operate the DJI Phantom 2 and DJI Inspire 1 quadcopter UAS unless that PIC has

demonstrated, by meeting minimum flight-hour and currency requirements, that the PIC is

able to safely operate the DJI Phantom 2 and DJI Inspire 1 quadcopter UAS in a manner

consistent with the exemption, including evasive and emergency maneuvers and maintaining

appropriate distances from people, vessels, vehicles andstructures.

3. Reasons Why An Exemption From The Requirements Of Section91.7(a)

Would Not Adversely Affect Safety.

The equivalent level of safety established by Section 91.7(a) will be maintained because

prior to every flight, Aerial Images Raleigh will ensure that the DJI Phantom 2 and DJI

Inspire 1 quadcopter UAS is in an airworthy condition based upon the UAS’s compliance

withits operating documents and as stated in the conditions 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, 11066, 11067, 11080, 11109, 11110, 11112,

11136, 11138, 11150, 11153, 11156, 11157, 11158, 11159, 11160, 11161).

4. Reasons Why An Exemption From The Requirements Of Section 91.121

Would Not Adversely Affect Safety.

The equivalent level of safety established by Section 91.121 will bemaintained because the

altitude information of the DJI Phantom 2 and DJI Inspire 1 quadcopter UA will be

provided to the PIC via GPS equipment and a radio communications telemetry data link,

which downlinks from the UA to the GCS for active monitoring of the flight path and

altitude.
28

This altitude information, combined with Aerial Images Raleigh’s operation of the DJI

Phantom 2 and DJI Inspire 1 quadcopter UA within visual line of sight, at or below 400 feet

AGL,will ensure a level of safety equivalent to Section 91.121. The altitude information

will be generated by GPS equipment installed onboard the aircraft. Prior to each flight, a zero

altitude initiation point is automatically established by the UASs at ground level.

The FAA has previously granted relief from Section 91.121 specific to UAS, in

circumstances similar, in all material respects, to those presented herein (e.g. Exemption

Nos. 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11112, 11136, 11138,

11150, 11153, 11156, 11157, 11158, 11159, 11160, 11161).

5. Reasons Why An Exemption From The Requirements Of Section 91.151(b)

Would Not Adversely Affect Safety.

A grant of this exemption would ensure an equivalent level of safety established by 14

C.F.R. Section 91.151(b) as a result of (1) the technical specifications of the DJI Phantom 2

and DJI Inspire 1quadcopter UAS; (2) the limitations on the proposed flight operations; and

(3) the location of the proposed flight operations. Accordingly, Aerial Images Raleigh will

ensure that it will safely operate the battery powered DJI Phantom 2 and DJI Inspire 1

quadcopter UA during daylight hours in VFR conditions, with enough battery power to fly

for a total duration of 20 minutes to the first point of intended landing and, assuming normal

cruising speed, to fly after that for at least 5 minutes.

Here, as in Exemption No. 11109, the technical specifications of the DJI Phantom 2 and DJI

Inspire 1 quadcopter UAS; the limitations on the proposed flight operations; and the

location ofthe proposed operations, will ensure an equivalent level of safety established by

14C.F.R. Section 91.151(b). Furthermore, safety will be ensured as the DJI Phantom 2 and

DJI Inspire 1 quadcopter UAS provide audible and visual warnings to the PIC at the GCS

when the UAs experiences low battery voltage, the first warning occurring at approximately
29

33% remaining battery power, and again at approximately 10% remaining battery power. At

the critically low battery level, the DJI Phantom 2 and DJI Inspire 1 quadcopter UAS will

descend and land automatically.

Previous exemptions granted by the FAA concerning Section 91.151 establish that safety is

not adversely affected when the technical characteristics and operating limitations of the

UAS are considered. Relief has been granted for manned aircraft to operate at less than the

minimums prescribed in Section 91.151, including Exemption Nos. 2689, 5745, and 10650.

Moreover, the FAA has previously granted relief from Section 91.151 specific to UAS, in

circumstances similar, in all material respects, to those presented herein (e.g. Exemption

Nos. 8811, 10808, 10673, 11042, 11062, 11063,

11064, 11065, 11066, 11067, 11080, 11109, 11110, 11136, 11138, 11150, 11153, 11156,

11157, 11158, 11159, 11160, 11161).

6. Reasons Why An Exemption From The Requirements Of Sections

91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), And 91.417(a) & (b) Would

Not Adversely Affect Safety.

In seeking this exemption, Aerial Images Raleigh submits that the equivalent level of safety

with regard to the regulatory maintenance and alteration requirements established by

Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b) will be met

because Aerial Images Raleigh will use trained technicians to perform maintenance,

alterations, or preventive maintenance on the UAS using the methods, techniques,and

practices prescribed in the operating documents (i.e., Monthly Maintenance Log, and DJI

Phantom 2 and DJI Inspire 1quadcopter Instruction Manual). Furthermore, Aerial Images

Raleigh will document and maintain all maintenance records for the DJI Phantom 2 and DJI

Inspire 1 quadcopter UAS.
30

Since the DJI Phantom 2 and DJI Inspire 1 quadcopter UAS will be inspected as prescribed

by the operating documents, Aerial Images Raleigh will maintain the equivalent level of

safety established by Sections 91.405(a), 91.409(a)(1), and 91.409(a)(2). A copy of the DJI

Phantom 2 and DJI Inspire 1 quadcopter User Manual is attached hereto as Exhibit B;.

Likewise, the exemption sought will not adversely affect safety because Aerial Images

Raleigh will use trained technicians to perform maintenance, alterations or preventive

maintenance on the UAS using the methods, techniques, and practices prescribed by the

operating documents.

Furthermore, the exemption sought would maintain an equivalent level of safety

established by Sections 91.407, 91.417(a) and 91.417(b), because all maintenance of the

DJI Phantom 2 and DJI Inspire 1 quadcopter UAS will be performed by trained technicians.

Maintenance will be documented and maintained utilizing the monthly maintenance log.

Significantly, previous exemptions granted by the FAA concerning Sections 91.405(a),

91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b) establish that safety is not

adversely affected when the technical characteristics and operating limitations of the UAS

are considered.

In consideration of Aerial Images Raleigh’s proposed operating limitations, the operating

documents, and the technical aspects of the DJI Phantom 2 and DJI Inspire 1 quadcopter

UAS, Aerial Images Raleigh 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,
31

11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110, 11112, 11136, 11138, 11150,

11153, 11156, 11157, 11158, 11159, 11160, 11161).

7. The FAA May Prescribe Any Other Conditions For Safe Operation.

In accordance with Section 333 of the FAA Modernization and Reform Act of 2012

(FMRA) and 14 C.F.R. § 21.16 entitled Special Conditions, Aerial Images Raleigh requests

that the FAA prescribe special conditions for the intended operation of the DJI Phantom 2

and DJI Inspire 1 quadcopter UAS, which contain such safety standards that the

Administrator finds necessary to establish a level of safety equivalent to that established by

14 C.F.R. Part21, Subpart H, and 14 C.F.R §§ 61.113(a) & (b), 91.7 (a), 91.121, 91.151(b),

91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b). Such special conditions

will permit safe operation of the UAs for the limited purpose of conducting aerial video and

photography 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 the NAS.

Likewise, the Administrator may prescribe special conditions pursuant to 14 C.F.R.

§ 21.16, for operation of the DJI Phantom 2 and DJI Inspire 1 quadcopter UAS, since the

airworthiness regulations of 14 C.F.R. Part 21 do not contain adequate or appropriate safety

standards, due to the novel or unusual design features of the aircraft. Section 21.16, entitled

Special Conditions, states the following:

If the FAA finds that the airworthiness regulations of this subchapter do not contain

adequate or appropriate safety standards for an aircraft, aircraft engine, or propeller
32

because of a novel or unusual design feature of the aircraft, aircraft engine or propeller, he

prescribes special conditions and amendments thereto for the product. The special

conditions are issued in accordance with Part 11 of this chapter and contain such safety

standards for the aircraft, aircraft engine or propeller as the FAA finds necessary to

establish a level of safety equivalent to that established in the regulations.

See 14 C.F.R. § 21.16.

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

prescribe special conditions for Aerial Images Raleigh’s intended operation of the DJI

Phantom 2 and DJI Inspire 1 quadcopter UAS, which contain such safety standards that the

Administrator finds necessary to establish a level of safety equivalent to that established by

14C.F.R. Part 21, Subpart H, and 14 C.F.R Sections 61.113(a) & (b), 91.7(a), 91.121,

91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b).

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

From Which Aerial Images Raleigh Seeks Exemption:

Aerial Images Raleigh seeks exemption from the requirements of 14 C.F.R Sections

61.113(a)&(b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2),

and 91.417(a) &(b).

A Brief Description Of The Nature Of The Exemption Aerial Images Raleigh Seeks:

This exemption will permit Aerial Images Raleigh to commercially operate an Unmanned

Aircraft System (UAS) for the purpose of conducting aerial video and photography over

certain areas of the United States.

G. Any Additional Information, Views, Or Arguments Available To Support

Aerial Images Raleigh’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, Aerial Images Raleigh’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.
33

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.

As discussed in detail above, Aerial Images Raleigh will operate the DJI Phantom 2 and DJI

Inspire 1 quadcopter UAS safely in the NAS, without creating a hazard to users of the NAS,

orthe public, or otherwise pose a threat to national security.

CONCLUSION

As set forth herein, Aerial Images Raleigh seeks an exemption pursuant to 14C.F.R.

§ 11.61 and Section 333 of the FAA Modernization and Reform Act of 2012 (FMRA),

which will permit safe operation of the DJI Phantom 2 and DJI Inspire 1 quadcopter UAS

commercially, without an airworthiness certificate, for the limited purpose of conducting

aerial video and photography over certain areas of the United States. By granting this

Petition, the FAA Administrator will be fulfilling the Congressional mandate of the FAA

Modernization and Reform Act of 2012, while also advancing the interests of the public, by

allowing Aerial Images Raleigh to safely, efficiently, and economically operate the DJI

Phantom 2 and DJI Inspire 1 quadcopter UAS commercially within the NAS.

In accordance with the Federal Aviation Regulations and the FAA Modernization and

Reform Act of 2012, Section 333, Aerial Images Raleigh respectfully requests that the

Administrator grant this Petition for an exemption from the requirements of 14 C.F.R

Sections 61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1),

91.409(a)(1) & (a)(2), and 91.417(a) & (b), and permit Aerial Images Raleigh to operate the

DJI Phantom 2 and DJI Inspire 1 quadcopter UAS commercially for the purpose of

conducting aerial video
34

and photography over certain areas of the United States.

Dated: October 9, 2015

Respectfully submitted,

Aerial Images Raleigh

Andrew Smarra, President

1802 Pineview Street

Raleigh North Carolina 27608

(919) 235.8141

aerialimagesraleigh@gmail.com

Appendices:

A – DJI Phantom 2 and DJI Inspire 1 quadcopter Specifications Data Sheet

B – DJI Phantom 2 and DJI Inspire 1 quadcopter

Manufacturer’s UserManual
35

EXHIBIT– A

DJI PHANTOM 2 AND DJI INSPIRE 1 QUADCOPTER TECHNICAL

SPECIFICATIONS

Aerial Images Raleigh only utilizes safe and reliable UASs. DJI is an industry leader in

small UAS production. DJI UASs are loaded with software enabling the userto set

parameters which will not allow flight into controlled airspace. Parameters can also be set

to limit flight to no higher than a predetermined and set altitude as well as limit flight to a

predetermined and set distance. In addition, DJIsoftware provides real-time altitude and

location information to the PIC via the linked monitor.

DJI Phantom 2 specifications

General Features  Ready to Fly, Multifunctional Quad-rotor System

 Customized H3-2D and H3-3D Gimbal Support  Precision Flight and Stable Hovering

 25min Flight Time & Smart Battery

 Auto Return-to-Home & Landing

 Advanced Power Management  Intelligent Orientation Control (IOC)  Easy Battery Replacement  Self-tightening Propeller  Video Downlink Support  CAN-Bus Expansion Module

Aircraft Weight (Battery & Propellers Included)

1000g

Hover Accuracy (Ready To Fly)

Vertical: 0.8m;

Horizontal: 2.5m

Max Yaw Angular Velocity

200°/s

Max Tilt Angle

35°

Max Ascent / Descent Speed

Ascent: 6m/s; Descent: 2m/s

Max Flight Speed

15m/s(Not Recommended)

Diagonal Length

350mm

Flight Time

25mins

Take-Off Weight

≤1300g

Operating Temperature
36

-10°C ~ 50°C

Supported Battery

DJI Smart Battery

DJI Smart Battery Type

3S LiPo

Capacity

5200mAh, 11.1V

Charging Environment Range

0 to 40

Discharging Environment Range

-20 to 50

2.4GHz Remote Control Operating Frequency

2.4GHz ISM

Communication Distance (Open Area)

1000m

Receiver Sensitivity (1%PER)

-97dBm

Working Current/Voltage

120 mA@3.7V

Built-In LiPo Battery Working Current/Capacity

3.7V, 2000mAh

DJI Inspire Specifications

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 Angle

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
37

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

Power Spectral Density

9.06mW/MHz

Gimbal

Model

ZENMUSE X3

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

Model

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
38

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@2.4G

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
39

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° C

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
40

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
41

EXHIBIT– B

DJI Phantom 2 Manufacturer’s User Manual

Attachment 2

DJI Inspire 1 quadcopter Manufacturer’s User’s Manual

http://www.dji.com/product/inspire-1/download
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