UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

FEDERAL AVIATION ADMINISTRATION

WASHINGTON, DC

Regulatory Docket No. _______________

IN THE MATTER OF THE PETITION FOR EXEMPTION OF:

MATTHEW RODERICK
FOR AN EXEMPTION SEEKING RELI EF 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 UNMANNED AI RCRAFT SYSTEMS

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

(PUBLIC LAW 112

- 95)

Su bmitted on May 5, 2015

MATTHEW RODERICK

10721 Blackhawk Dr ive

.

Boise, Idaho 83709

208.866.6598

matt@airequipco.comTABLE OF CON TENTS

Page

GLOSSARY OF ABBREVIATIONS

................................ ................................ .................. 3

SUMMARY

................................ ................................ ................................ .......................... 4

INTRODUCTION AND INTERESTS OF PETITIONER

................................ ................... 4

BACKGROUND

................................ ................................ ................................ ................... 4

BASIS FOR PETITION

................................ ................................ ................................ ........ 5

NAME AND ADDRESS OF PETITIONER

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

THE SPECIFIC SECTIONS OF 14 C.F.R. FROM WHICH MATTHEW RODER ICK

SEEKS EXEMPTION

........................................................................ 8

THE EXTENT OF RELIEF MATTHEW RODERICK SEEKS AND THE REASON

MATTHEW RODERICK SEE KS THE RELIEF....................................... 1 2

THE REA SONS WHY GRANTING MATTHEW RODERICK ’S REQUEST
WOULD BE IN THE PUBLIC INTEREST ................ .........................................15THE REASONS WHY GRANTING THE EXEMPTION WOULD NOT

ADVERSELY AFFECT SAFETY

................................ ................................ ......... 1 8

SUMMARY THAT CAN BE PUBLISHED IN THE FEDERAL REGISTER

............. 3 3

ANY ADDITIONAL INFORMATION, VIEWS, OR ARGUMENTS

AVA ILABLE TO SUPPOR T MATTHEW RODERICK ’S REQUEST

......... ... 34

CONCLUSION

................................ ................................ ................................ ................... 35

APPENDICES........................................................................................3 6

GLOSSARY OF ABBREVIATIONS

AGL A bove 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 Regulat ion

GCS Ground Control Station

GPS Global Positioning System

LOL Loss of Link

MSL Mean Sea Level NAS National Airspace System

NOTAM Notice to Airman

PIC Pilot In Command

Section 333 Faa Modernization and Reform act of 2012 (FMRA)

SO Safety Observer

SOP Standard Operating Proceedures

UA Unmanned Aircraft

UAS U nmanned Aircraft System

VFR Visual Flight Rules

VLOS Visual Line of Sight

VMC Visual Meterological Conditions

VTOL Vertical Takeoff and LandingSUMMARY

MATTHEW RODERICK seeks exemption from the require ments 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). Th is exem ption will permit MATTHEW RODERICK to operate an Unmanned Aircraft System (UAS) for the commercial purpose of conducting aerial video and photography of construction sites, real

estate , farmland , and landscape over certain areas of the United States

.

INTRODUCTION AND INTERESTS OF THE PETITIONER

MATTHEW RODERICK provides his clients with expertise and knowledge in advanced technologies and solutions to increase efficiency, productivity a nd effectiveness. MATTHEW RODERICK is an instrument rated pil ot with nearly 100 hours of flying experience. He has over 10 years recreational/hobby experience in all aspects of aerial video and photography. The objective of MATTHEW RODERICK and his aerial operations is to safely provide high quality imaging for a va riety of commercial, public, and residential uses, specifically targeting:

• Agriculture

• General aerial still photos

• Wildlife population surveys

• Real E state marketing

• Motion Picture Filming

• Aerial inspections of public and private

structures.

• Search and Rescue operations

BACKGROUND

Unmanned Aircraft System s: DJI Phantom 2 UASs

MATTHEW RODERICK seeks an exemption to operate DJI systems for compensation orhire within the NAS. The DJI Phantom 2 is a vertical tak eoff and landing (VTOL)

Unmanned Aircraft (UA) with a Ground Control Station (GCS) utilizing electronic tablet or smart phone systems. The DJI Phantom 2 has a maximum gross weight of approximately 2 pounds 11 ounces, while having a length of 16 inches

, wid th of 16 inches, height of 8 inches, and a maximum speed of approximately 29 knots. The DJI Phantom 2

UA is equipped with four main rotors, driven by Lithium Polymer battery powered electric

motors.

The DJI Phantom 2 UA that wi ll be operated by MATTHEW RO DERICK 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

Pe titioner, MATTHEW RODERICK , 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 A dministrator to commercially operate the D JI Phantom

2 UA in the National Airspace System (NAS), and for an exemption from the requirements of 14 C.F.R §§ 61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.4 17(a) & (b).

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

unmanned aircraft a nd its operation, MATTHEW RODERICK’s operation of the DJI

Phantom 2 UA meets the conditions of FMRA Section 333 and therefore, will not require an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H. Accordingly, MATTHEW RODERICK 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 requirem ents for maintenance that only apply to aircraft with an airworthiness certificate.

MATTHEW RODERICK submits that the requested relief is proper since an equivalent level of safety will be ensured. MATTHEW RODERICK will use experienced personnel

or techni cians 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 Instruction Manu al). Furthermore, MATTHEW RODERICK will document and maintain all maintenance

records for the DJI Phantom 2 UA

. Relief from certain requirements of Section 61.113(a) and (b), entitled Private P ilotP rivil eges and Limitations: Pilot in C ommand , is requested by MATTHEW RODERICK

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 demonstra ted, by meeting minimum flight

- hour and currency requirements, that the PIC is able t o safely operate the DJI Phantom 2 UA in a manner consistent with this exemption, including evasive and emergency maneuvers and maintaining appropriate distances from people, vessels, vehicles

, and structures.

MATTHEW RODERICK seeks relief from Section 91 .7(a), entitled Civil A ircraft

A irworthiness , because the DJI Phantom 2 UA does not require an airworthiness

certificate in accordance with 14 C.F.R. P art 21, Subpart H. As such, MATTHEW

RODERICK submits that he will ensure that the DJI Phantom 2 UA is in an airworthy condition, prior to every flig ht, by determining that the UA is in compliance with the operating documents (i.e., Monthly Mainten ance Log, and DJI Phantom 2 Instruction

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

MATTHEW RODERICK also seeks an exemption from the requirements of Section 91.121, entitled Altimeter Settings , as the DJI Phantom 2 UA will not have a typical barometric altimeter onboard. However, altitude information of the DJ I Phantom 2 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 informati on, combined with MATTHEW

RODERICK ’s operation of th e DJI Phantom 2 UA within visual line of sight, at or below 500 feet AGL, will ensure a level of safety equivalent to Section 91.121.

Additionally, MATTHEW RODERICK seeks an exemption from the requirements of Section 91.151(b), entitled Fuel Requirements for Flight in VFR C onditions

. MATTHEW

RODERICK submits that safety will not be affected by operation of the DJI Phantom 2 UA during daylight hours in visual meteorological conditions (VMC) under visual flight rules (VFR), with enough battery power to fly f or a total duration of approximately 13.5 minutes to the first point of intended landing and, assuming normal cruising speed, to fly after that for at

least 4.5 minutes.

In accordance with 1 4 C.F.R. § 11.81, MATTHEW RODERICK provides the
followi ng inform ation in support of his petition for exemption:Name And Address Of The Petitioner.

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

MATTHEW RODERICK

10721 Blackhawk DR

Boise, Idaho 83709

208.866.6598

matt@airequipco.comThe Specific Sections Of 14 C.F.R. From Which MATTHEW RODERICK Seeks Exemption.

1. MATTHEW RODERICK Seeks Exemption From The Requirements Of Section 61.113(a) And (b).

Se ction 61.113, entitled Private Pilot Privileges and L imitati ons: Pilot in

C ommand , 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 emplo yment; and

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

2. MATTHEW RODERICK Seeks Exemption From The Requirements Of Section 91.7(a).

Section 91.7, entitled Civil Aircraft A irworthiness , subsection (a), states

the follo wing:

(a) No person may operate a civil aircraft unless it is in an airworthy condition.

3. MATTHEW RODERICK Seeks Exemption From The Requirements Of Section 91.121.

Sect ion 91.121, entitl ed Altimeter S ettings, 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 is set, when operatin g

--(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 re ported altimeter setting of an appropriate available station; or

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

4. MATTHEW RODERICK Seeks Exem ption From The Requirements Of Section 91.151(b).

Section 91.151, entitled Fuel Requirements for Flight in VFR C onditions

, subsection

(b), states the following:

(b) No person may begin a flight in a rotorcraft under VFR conditions unless (considerin g 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. MATTHEW RODERICK Seeks Exemption From The Requirement Of Section 91.405(a).

Section 91.405, entitled Maintenance required , subsection (a), states the following: Each owner or operator of an aircraft

—
(a) Shall have that aircraft inspected as prescribed in subpart E of this part and shall between required inspections, except as pr ovided in paragraph (c) of this section, have discrepancies repaired as prescribed in part 43 of this chapter[.]

6. MATTHEW RODERICK Seeks Exemption From The Requirements Of Section 91.407(a)(1)

Section 91.407, entitled Operation After Maintenance, Pre ventive M aintenance, Rebuilding, or A lteration , subsection (a)(1), states the following:(a) No person may operate any aircraft that has undergone maintenance,

preventive maintenance, rebuilding, or alteration unless

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

43.7 of this chapter.

7. MATTHEW RODERICK 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 followin g:

(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. MATTHEW RODERCIK Seeks Exemption From The Requ irements Of Sections 91.417(a) And 91.417(b).

Section 91.417, entitled Maintenance R ecords , subsections (a) and (b), state the following:

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

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

records of the 100

- hour, annual, progressive, and other required or approved inspections, as appr opriate, for each aircraft (including the airframe) and each engine, propeller, rotor, and appliance of an aircraft. The records must

include

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

(ii) The date of c ompletion 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 propelle r,
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 s pecified 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 w ith the aircraft at the time the aircraft is sold.

(3) A list of defects furnished to a registered owner or operator under § 43.11 of this chapter shall be retained until the defects are repaired and the aircraft is approved for return to service.T he Extent Of Relief MATTHEW RODERICK See ks And The Reason

MATTHEW RODERICK Seeks The Relief.

1. Extent Of Relief MATTHEW RODERICK See ks And The Reason

MATTHEW RODERICK Seeks Relief From Section 61.113(a) And (b).

Relief from Section 61.113(a) and (b) enti tled Private Pilot Privileges and L imitations:

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 fli ght

- 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, MATTHEW RODERICK submits that an equivalent level of safety will be maintained because no PIC will be allowed to operate the DJI Ph antom 2

UA unless that PIC has met certain flight

- hour and currency requirements, demonstrating

that the PIC is able to safel y operate either the DJ I Phantom 2 UA 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 stru ctures.

Further, MATTHEW RODERICK submits that all flights of the DJI Phantom 2 UA

, conducted by the PIC pursuant to the grant of this Petition: (1) will be incidental to

MATTHEW RODERICK ’s business; and (2) will not carry passengers or property for

compe nsation or hire.2. Extent Of Relief MATTHEW RODERICK See ks And The Reason

MATTHEW RODERICK 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 MATTHEW RODER ICK to determine that the DJI Phantom 2 UA is in airworthy condition prior to every flight by ensuring that the UAS is in compliance with the operating doc uments (i.e., Monthly Maint enance Log and DJI Phantom 2 Instruction Manual).

MATTHEW RODERICK seeks the requested relief because the DJI Phantom 2 UA do es not require an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subp art H. Therefore, MATTHEW RODERICK will ensure that the DJI Phan tom 2 UA is in

ai rworthy condition based upon its comp liance with the operating documents (i.e., Monthly Maintenance Log, and DJI Phantom 2 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 MATTHEW RODERICK See ks And The Reason

MATTHEW RODERICK Seeks Relief From Section 91.121.

Relief from Sect ion 91.121, entitled Altimeter S ettings, may be required to allow flight operations of the DJI Phantom 2 UA , which utilize s a bar ometric pressure sensor, GPS equipment, and a radio communications telemetry data link to downlink altitude information from the UA to the PIC at the ground control station (GCS). Since the FAA requires that any altitude information concerning UAS operatio ns be reported to air traffic control (ATC) in feet above gr ound level (AGL), MATTHEW RODERICK seeks the requested relief because the DJI Phantom 2 UA’s altimeter 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 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 prov ides the PIC with altitude information of the UA

on the heads

- up display of the GCS.4. Extent Of Relief MATTHEW RODERICK See ks And The Reason

MATTHEW RODERICK Seeks Relief From Section 91.151(b).

Relief from S ection 91.151(b) entitled Fuel Requirement s for Flight in VFR C onditions, is requested to the extent required to allow flights of the battery powered DJI Phantom 2 UA during daylight hours in visual meteorological conditions (VMC), under visual flight rules (VFR), for a total duration of 13.5 minu tes to the first point of intended landing and, assuming normal cruising speed, to fly after tha t for at least 4.5 minutes. MATTHEW

RODERICK seeks the requested relief because without an exemption from Section 91.151(b), the flight time duration of the bat tery powered DJI Phantom 2 UA will severely constrain the practicality of any aerial video or still photo fligh t operations that

MATTHEW RODERICK proposes to conduct pursuant to this Petition.

Significantly, as set forth below, the technical specification s of the DJI Phantom 2 UA, the

DJI Phantom 2 and MATTHEW RODERICK ’s proposed operating limitat ions, ensure

that MATTHEW RODERICK will safely operate the battery powered DJI Phantom 2 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 13.5 minutes to the first point of intended landing and, assuming normal cruising speed, to fly after that for at least

4.5 minutes.

5. Extent Of Relief MATTHEW RODERICK See ks And The Reason

MATTHEW RODERICK 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 airwo rthin ess certificate, MATTHEW RODERICK requests relief

from these Sections because the DJI Phantom 2 UA do es not require airworthiness certificates. As set forth more fully below, the DJI Phantom UAS meet s the conditions of FMRA Section 333 for operation w ithout an airworthiness certific ate. Accordingly,

MATTHEW RODERICK will use trained technicians to perform maintenance, alterations,

or pr eventive maintenance on the UAS using the methods, techniques, and practices prescribed in the UAS operating documents (i.e., the Monthly Maintenance Log, and DJI
Phantom 2 Instruction Manua l). Furthermore, MATTHEW RODERICK will document

and maintain all maintenance records for the DJI Phantom 2 UAS

.The Rea sons Why Granting MATTHEW RODERICK’s Request Would Be In

The Pub lic Interest; That Is, How It Would Benefit The Public As A Whole.

Granting the present Petition will further the public int erest by allowing

MATTHEW RODERICK to safely, efficiently, and economically perform aerial video and photography of construction sites, real estate, and landscape over certain

areas of the United States.

Additionally, use of the DJI Phantom 2 UAS will decrease congestion of the NAS, reduce pollution, and provide significant benefits to the economy. Notably , the benefits of

MATTHEW RODERICK ’s proposed operation of the DJI Phantom 2 UAS will be realized without implicating any privacy issues.

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

The DJI Phantom 2 UA is battery powered and serve s as a safe, efficient, and economical alternative to the manned aircraft traditionally utilized to obtain aerial imagery. By reducing the number of manned aircraft needed to perform aerial acquisitions, an exemption allowing the use of a DJI Phantom 2 UAS would reduce the number of manned

aircraft in the NAS and 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 UA do es not require an airport to takeoff or land. Likewise, a reduction of manned aircraft conducting aerial video and photography missions would result in fewer aircraft

that must be handled by air traffic control during the ground, takeoff, departure, arrival, and landing phases of flight operations.

2. The Public Will Benefit From The Safety And Efficiency O f The DJI

Phantom 2 UAS

.

Conducting aerial acquisitions with the DJI Phan tom 2 UAS , instead of manned aircraft, will greatly benefit the public by drastically reducing the levels of air and noise pollution generated during traditional aerial video and still photography flight operations. By using battery power and electric moto rs, the DJI Phantom 2 UAS produce no air pollution, and is the most viable environmentally conscious alternative to the cabin class, six cylinder internal combustion engine aircraft that are typically utilized for aerial video and photography, while burnin g approximately 20

- 30 gallons per hour of leaded aviation fuel.

The DJI Phantom 2 UA , whilereducing the carbon footprint of aerial acquisitions, also eliminates noise pollution, as t he

UAs are propelled by battery

- powered electric motors, rather than an internal combustion engine.

By using the DJI Phantom 2 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 subs tantially reduced or completely eliminated. Aside from the lack of flight crew members located onboard the aircraft, the DJI Phantom

2 UA (weighing approx imately 2 pounds 11 ounces at its maximum gross we ight with a length of 16 inc hes and widths of 16 inc h es and with no fuel on board), has less physical potential for collateral damage to life and property on the ground, and in the air, compared to the manned aircraft that typically conduct similar operations (weighing approximately 6,000 pounds with a wing span 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 UAS Will Benefit The Economy.

In addition to being safe and efficient, the DJI Phan tom 2 UA is also an economical alternative to using manned aircraft to conduct similar aerial operations. As such, operation

of the DJI Phantom 2 UAS will allow United States base d companies, like MATTHEW

RODERICK , to remain competitive and contribute to grow th of the U.S. economy. Specifically, with the rising cost of aviation fuel and the Enviro nmental Protection Agency (EPA ) regulatory actions phasing out leaded aviation fuels, U.S. owned and operated companies must adopt new and alternative technology in o rder to remain competitive. Operating the battery powered DJI Phantom 2 UAS 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 o f a traditional manned aircraft.

By operating the DJI Phantom 2 UAS

, companies such as MATTHEW RODERICK

, 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 UAS , provides a stable workforce that increases consumer spending; improves local, state, and federal tax revenues; and allows compani es 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 condu cted ford ecades, MATTHEW RODERIC K ’s proposed operation of the DJI Phantom 2 UAS will

not implicate any privacy issues. Specif ically, the DJI Phantom 2 UAS will be operated only in compliance with operati ng documents (i.e., The Monthly Maintenance Log, and

DJI Phantom 2 Instruction Manual ) which requires property owner involvement as well as local law enforcement notification, and in accordance with the Federal Aviation Regulations, including the minimum altitude requirements of 14 C.F.R. § 91.119.The Reaso ns 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 Th e Rule From Which MATTHEW RODERICK Seeks Exemption.

1. Reasons Why The DJI Phantom 2 UA Meet s 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 a nd its operation, MATTHEW RODERICK ’s operation of the DJI

Phant om 2 UAS meet s the conditions of FMRA Section 333, and will not require an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H.

Section 333 provides authority for a UAS to operate without airworthiness certification

and sets forth re quirements 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 requirem ent 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 typ es 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 ai rcraft systems identified under paragraph (1).(c) Requirements for Safe Operation.

-- If the Secretary determines under this section that certain unmanned aircraft systems may operate safely in the national airspace system, the Secretary shall establish requirements for the safe operation of such aircraft systems in the national airspace system.

In seekin g this exemption, MATTHEW RODERICK submits that the DJI Phantom 2

UAS can operate safely in the NAS pursuant to FMRA Section 333, as demonstrated by: (a) the characteristics of the DJI Phantom 2 UA ; (b) the pilot certification requirement; and (c) the specific operating limitations.

a. The Specifications Of The DJI Phantom 2 UAS Demonstrate s Its

Safe Characteristics.

The DJI Phantom 2 UAS do es not c reate 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 O f The DJI Phantom 2 UAS

The technical specifications of the DJI Phantom 2 UAS are set forth by the DJI Phantom

2 User Manual , att ached hereto as Appendix A

.

ii. The DJI Phantom 2 UAS Autonomous Flight And Navigation

Modes Enable The UAS To Remain Within A Defined Operational Area.The DJI Phantom 2 UAS may be o perated in both manual and fully autonomous flight

modes. A complete description of the flight and navigational modes of the DJI Phantom 2

UAS is provided at pages 25

- 35 of the DJI Phant om 2 User Manual , att ached hereto as Appendix A

.

iii. The DJI Phantom 2 UAS Are Designed For Automatic Return

To Home Point Or Hover In The Event Of Loss Of The Control Link Or Navigation.

When the Control Link is lost, the DJI Phantom 2 UA will remain stationary, in flight, for 3 seconds or more. If, after 3 seconds, th e DJI Phantom 2 UA do es not reacquire

control link data from the GCS, the UA will assume that the Control Link is lost and the

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

A comp lete descr iption of the Failsafe Function of the DJI Phantom 2 UAS is set forth at pages 27 through 29 of the DJI Phantom 2 User Manual , attached hereto as Appendix A

.

iv. The DJI Phantom 2 GCS And Its Operation.

A complete description of the operation and specifications of the DJI Phantom 2 GCS and flight control software is provided at pages 32 through 43 of the DJI Phantom 2

User Manual. DJI Phantom 2 User Manuals are att ached hereto as Appendix A

.

b. Flight Operations Of DJI Phantom 2 UAS Are Limit ed To The Line Of Sight Of A Certificated Pilot in Command With A Safety Observer.

MATTHEW RODERICK will be the only person to act as a pilot in command (PIC) of the

DJI Phantom 2 UAS . Additionally, a safety observer will assist him during flight time.

c. Flights Of DJI P hantom 2 UAS Will Be Conducted Pursuant To Specific Operating Limitations.In seeking this exemption, MATTHEW RODERICK proposes to commercially operate

DJI Phantom 2 UAS for the special purpose of conducting aerial video and photogra phy

over certain areas of the 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 weighin g less than 55 pounds maximum gross weight: DJI Phantom 2 Unmanned Aircraft System . Proposed operations of any other aircraft will require a new petition or a petition to amend this grant.

2. UAS operations under this exemption will be limited to conducti ng operations for the purpose of aerial video and photography.

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

4. The UA must be operated at an altitude of no more than 500 feet above ground level (AGL), as indicated by the proced ures specified in the operating documents unless a special request is made and approved by ATC. All altitudes reported to ATC must be in feet AGL.

5. The 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 operati ons 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 perm itted 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 gran t 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 do cuments, 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 doc uments. 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) m ay be contacted if questions arise regarding updates or revisions to the operating documents.

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

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

12. The pre

- flight inspection must account for all potential discrepancies, e.g. inoperable components, items, or equipment, not alread y covered in the relevant sections of the operating documents.

13. The operator must follow the UAS manufacturer’s aircraft/component, maintenance, overhaul, replacement, inspection, and life limit requirements.

14. The operator must carry out its maintena nce, inspections, and record keeping requirements, in accordance with the operating documents. Maintenance, inspection, alterations, and status of replacement/overhaul component parts must be noted in the aircraft records, including total time in service, description of work accomplished, and the signature of the authorized person returning the UAS to service.

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

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

17. The PIC must possess at least a private pilot certificat e and at least a current

third

- class medical certificate.

18. 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 mainta ining 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, an d the PIC must operate the UA with appropriate distance from nonparticipants in accordance with 14 C.F.R. §

91.119.

19. UAS operations may not be conducted during night, as defined in 14 C.F.R. § 1.1. All operations must be conducted under visual meteorolog ical conditions (VMC). If flight at night is required, a special request will be made at the FAA office closest to proposed area of operations. Flights under special visual flight rules (SVFR) are not authorized.

20. The UA may not operate within 5 nautica l 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.

21. The UA may not be operated less than 500 feet below or less than 2,000 feet horizontally from a cloud or when visibility is less than 3 s tatute miles

from the PIC.

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

pre

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

23. The PIC must abort the flight in the event of unpredicted obstacles or emergencies in accordance with the operating documents.24. The PIC is prohibited from beginning a flight unless (considering wind and forecast weather conditions) there is enough power to fly at normal cr uising speed to the intended landing point and land the UA with 25% battery power remaining.

25. The operator must obtain an Air Traffic Organization (ATO)

- issued Certificate of Waiver or Authorization (COA) prior to conducting any operations under the gra nt of exemption. This COA will also require the operator to request a Notice to Airman (NOTAM) not more than 72 hours in advance, but not less than 48 hours prior to the operation. All operations shall be conducted in accordance with airspace requirements in the ATO issued COA including class of airspace, altitude level and potential transponder requirements.

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

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

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

28. The documents required ( fewer than 14 C.F.R. 91.9 and 91.203 ) must be available to the PIC at the Ground Control Station of the UAS any time

the UAS is operating. These documents must be made available to the Administrator or any law enforcement official upon request.

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

30. The UAS may n ot be operated by the PIC from any moving device or vehicle.31. Flight operations must be conducted at least 500 feet from all nonparticipating persons (persons other than the PIC, SO, operator trainees or essential persons), vessels, vehicles, and struct ures 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 situatio n 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).

32. All operations shall be conducted over private or controlled

- access property with permission from the land owner/controller or authorized representative.

Permission fro m land owner/controller or authorized representative will be obtained for each flight to be conducted.

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

- 80) within 24 hours. Accidents must be reported to the National Transportation Safety Board (NTSB) per instructions contained on the NTSB Web site: www.ntsb.gov.2. Reasons Why An Exemption F rom The Requirements Of Section 61.113(a) And (b) Would Not Adversely Affect Safety.

MATTHEW RODERICK 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 D JI Phantom 2 UAS unless that PIC has demonstrated, by meeting minimum flight

hour and currency requirements, that the PIC is able to safely operate th e DJI Phantom 2 UAS in a manner consistent with the exemption, including evasive and emergency

maneuvers a nd maintaining appropriate distances from people, vessels, vehicles

, and

structures.

Considering MATTHEW RODERICK ’s proposed area of operations and the operat ing

limitations set forth

- above, the parallel nature of private pilot aeronautical knowledge

requ irements to those of commercial pilot require ments (See Exemption No. 11062), and the airmanship skills necessary to safely operate th e DJI Phantom 2 UAS, MATTHEW

RODERICK submits that the additional manned airmanship experience of a commercially certifica ted pilot would not correlate to the airmanship ski lls necessary for

MATTHEW RODERICK ’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 re spects, 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).

MATTHEW RODERICK will not allow any PIC to operate th e DJI Phantom 2 UAS unless that PIC has demonstrated, by meeting minimum flight

- hour requirements or th e DJI Phantom 2 UAS training and currency requirements, that the PIC is able to safely operate th e DJI Phantom 2 UAS in a manner consistent with this exemption, inclu ding evasive and emergency maneuvers and maintaining appropriate distances from people, vessels, vehicles

, and structures.

Specifically, the PIC must have accumulated and logged, in a manner consistent with 14 C.F.R. § 61.51(b), 25 hours of total time as a UAS rotorcraft pilot (with a minimum of 5 hours of those hours as a UAS pilot operating the same make and model of UAS to be used for operations under the exemption). In addition to the hour requirements, the PIC must accomplish 3 takeoffs and landings i n 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 MATTHEW RODERICK ’s proposed operations. The Administrator has

held that prior documented flight experience that was obtained in compliance withapplicable 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 lo gged 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
exempt ion. 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 U AS 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 req uirement. 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.

3. Reasons Why An Exemption From The Requirements Of Section 91.7(a) Would Not Adversely Affect Safety.

The equivalent level of safety established by Section 91.7(a) will be maintained b ecause prior to every flight, MATTHEW RODERICK will ensure that the DJI Phantom 2 UAS

is in an airworth y condition based upon the UAS’ compliance with its operating

documents and as stated in the conditions and limitations herein.

Additionally, the FAA ha s 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 be maintained because

the altitud e information of the DJI Phantom 2 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. This altitude

informati on, com bined with MATTHEW RODERICK ’s operation of the DJI Phantom 2

UA within visual line of sight, at or below 500 feet AGL, will ensure a level of safety equivalent to Section 91.121. The altitude information will be generated by GPS equipment installed onboard the aircraft. Prior to each flight, a 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) Wou ld 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 UAS ; (2) the limitations on the proposed flight operations; and (3) the location of the proposed flight operati ons. Accordingly, MATTHEW RODERICK will ensure that it will safely operate the battery

- powered DJI Phantom 2 UA during daylight hours in VFR conditions, with enough battery power to fly for a total duration of 13.5 minutes to the first point of intended landing and, assuming normal cruising speed, to fly after that for at least

4.5 minutes.

Here, as in Exemption No. 11109, the technical specifications of the DJI Phantom 2
UAS, the limit ations on the proposed flight operations, and the location of the proposed operations, will ensure an equivalent level of safety established by 14 C.F.R. Section 91.151(b). Furthermore, safety will be ensured as the DJI Phantom 2 UAS provide s
audible and v isual warnings to the PIC at the GCS when the UA experiences low battery voltage, the first warning occurring at approximately 33% remaining battery power, and again at approximately 10% remaining battery power. At the critically low battery level,

the DJI Phanto m 2 UAS will descend and land automatically.

Significantly, previous exemptions granted by the FAA concerning Section 91.151 establish that safety is not adversely affected when the technical characteristics andoperating 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, 111 61).

6. Reasons Why An Exemption From The Requirements Of Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), And 91.417(a) & (b) Would Not Adversely Affect Safety.

In seekin g this exemption, MATTHEW RODERICK submits that the equivalent level of

s afety 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) wi ll be met

because MATTHEW RODERICK will use trained technicians to perform maintenance

, alterations, or preventive maintenance on the UASs using the methods, techniques, and practices prescribed in the operati ng documents (i.e. The Monthly Maintenance Log and

DJI Phantom 2 Instruc tion Manual). Furthermore, MATTHEW RODERICK will

document and maintain all maintenance records for the DJI Phantom 2 UAS

.

Since the DJI Phantom 2 UAS will be inspected as prescribed by the ope rating documents, MATTHEW RODERICK 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 User Manual is att ached hereto as Appendix A ; a copy of the DJI Phantom 2 UAS Maintenance LOG is attached hereto as App endix B

. Likewise, the exemption sought will not adversely affe ct safety because

MATT HEW RODERICK 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 equi valent level of safety established by Sections 91.407, 91.417(a) and 91.417(b), because all maintenance of the

DJI Phanto m 2 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 t he UAS

are considered.In consideration of MATTHEW RODERICK ’s proposed operating limitations, the

operating documents, and the technical aspects of the DJI Phantom 2 UAS

, MATTHEW

RODERICK submits that safety will not be adversely affected by granting exem ption from 14 C.F.R. Sections 91.405(a), 91.407(a)(1) and (a)(2), 91.409(a)(2), and 91.417(a) and (b). The FAA has previously granted relief specific to UAS in circumstances similar, in all material respects, to those presented herein (e.g. Exemption Nos. 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110, 11112, 11136, 11138, 11150, 11153, 11156, 11157, 11158, 11159, 11160, 11161).

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

In accordance with Section 333 of the FAA Moder nization and Reform Act of 2012 (FMRA) and 14 C.F.R. § 21.16 entitled Special Conditions, MATTHEW RODERICK requests that the FAA prescribe special conditions for the intended operation of the DJI

Phantom 2 UAS , which contain such safety standards that the Administrator finds necessary to establish a level of safety equivalent to that established by 14 C.F.R. Part 21, Subpart H, and 14 C.F.R §§ 61.113(a) & (b), 91.7 (a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b). Such special conditions will permit safe operation of the UA 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 w hether 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 m ust 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 UAS , since the airworthiness regulations of 14 C.F.R. Part 21 d o 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 d o not contain adequate or appropriate safety standards for an aircraft, aircraft engine, or propeller because of a novel or unusual design feature of the aircraft, aircraft engine or propeller, he prescribes special conditions and amendments thereto for th e 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 establishe d 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 Leading Edge’s intended operation of the DJI Phantom 2

UAS , which contain such safety standa rds that the Administrator finds necessary to establish a level of safety equivalent to that established by 14 C.F.R. Part 21, Subpart H, and 14 C.F.R Sections 61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b).A Summary That Can Be Published In The Federal Register, stating: The Rules From Which MATTHEW RODERICK Seeks Exemption:

MATTHEW RODERICK 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 MATTHEW

RODERICK Seeks:

This exem ption will permit MATTHEW RODERICK to commercially operate an Unmanned Aircraft System (UAS) for the purpose of conducting aerial video and photography over certain areas of the United States.Any Additional Information, Views, Or Arguments Ava ilable To Support MATTHEW RODERICK ’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, MATTHEW

RODERICK ’s request for exemption may be granted pursuan t to the authority of FMRA Section 333 and 14 C.F.R. Part 11, as set forth above.

FMRA Section 333 sets forth the requirements for considering whether a UAS will create a hazard to users of the NAS or the public, or otherwise pose a threat

to national sec urity; and further, provides the authority for such UAS to operate

without airworthiness certification.

As discussed in detail above, MATTHEW RODERICK will operate the DJI

Phantom 2 UAS safely in the NAS, without creating a hazard to users of the NAS, or the public, or otherwise pose a threat to national security.

Listed in Appendix C is a link to a brief article outlining the environmental

benefits of commercial use of a UAS.CONCLUSION

As set forth herein, MATTHEW RODERICK seeks a n exemption pursuant to 14 C.F.R. § 11.61 and Section 333 of the FAA Modernization and Reform Act of 2012 (FMRA), which will permit safe operation of the DJI Phantom 2 UAS commercially, without an airworthiness certificate, for the limited purpose of

condu cting 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 pu blic, by allowing MATTHEW RODERICK to safely, efficiently, and economically operate the DJI Phantom 2 UAS commercially within the NAS.

WHEREFORE , in accordance with the Federal Aviation Regulations and the

FAA Modernization and Reform Act of 2 012, Section 333, MATTHEW

RODERICK 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 91.4 17(a) & (b), and permit MATTHEW RODERICK to operate the DJI Phantom 2 UAS commercially for the purpose of conducting aerial video and photography over
certain areas of the United States. Dated: May 27th , 201 5

Respectfully submitted,

MATTHEW RODERICK

_________________________

MATTHEW RODERICK

10721 Blackhawk Dr

Boise, Idaho 83709

208.866.6598

matt@airequipco.comApendix

A. DJI Phantom 2 User ManualB. Proposed Mai ntenance Log

Service Date Aircraft

Hours Items performed Items Needing Attention

C. Link to a Supportive Article

http://rotordronemag.com/can

- drones

- save - planet/