1 UNITED STATES OF AMERI CA DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION

WASHI NGTON, D.C.

**IN THE MATTER OF THE PETITION FOR EXEMPTION OF:**

**NEW VIEW PRODUCTIONS, LLC FOR AN EXEMPTION SEEKING RELIEF FROM THE REQUIREMENTS OF** 

**TITLE 14 OF THE CODE OF FEDERAL REGULATIONS**  **SECTIONS 61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), AND 91.417(a) & (b) CONCERNING COMMERCIAL OPERATION OF**  **DJI**

**PHANTOM 2 UNMANNED AIRCRAFT SYSTEMS**  **PURSUANT TO SECTION 333 OF THE FAA MODERNIZATION AND REFORM ACT OF 2012** 

**(PUBLIC LAW 112**

**- 95)** 

Submitted on September 29 , 2015 New View Productions, LLC Kyle Charette (owner/operator) 211C Brittany

Farms Road New Britain, CT 06053 Tel: ( 860) 978

- 2851 Kyle@NewViewProductions.com2 **TABLE OF CONTENTS**

GLOSSARY OF ABBREVIATIONS...................................................................................3
SUMMARY................................................................................................................. ..........4
IN TRODUCTION AND INTERESTS OF PETITIONER....................................................4
BACKGROUND................................................................................................................... .4
BASI S FOR PETITI ON......................................................................................................... 4
NAME AND ADDRESS OF PETITIONER............................................................. 6
THE SPECIFI C SECTIONS OF 14 C.F.R. FROM WHI CH NEW VI EW PRODUCTI ONS, LLC , SEEKS EXEMPTION...................................

.............................. .............................. 6
THE EXTENT OF RELIEF NEW VIEW PRODUCTI ONS, LLC , SEEKS AND THE REASON NEW VIEW PRODUCTIONS, LL C , SEEKS THE RELIEF...

..................... ........................ .9
THE REASONS WHY GRANTING NEW VIEW PRODUCTIONS, LLC , REQUEST WOULD BE IN THE PUBLIC IN TEREST .........

... .... ................... .............................1 1
THE REASONS WHY GRANTING THE EXEMPTI ON WOULD NOT ADVERSELY AFFECT S AFETY..............

.. .......... ................................................1 3
SUMMARY THAT CAN BE PUBLISHED IN THE FEDERAL REGI STER...... 23 ANY ADDITIONAL INFORMATION, VIEWS, OR ARGUMENTS AVAILABLE TO SUPPORT CI

NEMACAPTURE VIDEOGRAPHY’S REQUEST............................................................................................................... 2 3
CONCLUSION...................................................................................................................

. 23
APPEND IC ES........................................................................

. ................ 243 **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 Sy stem LOL Loss of Link NAS National Airspace Sy stem PI C Pilot In Command Section 333 FAA Modernization and Reform Act of 2012 (FMRA) Section 333 SO Safety Observer SOP Standard Operating Procedures UA Unmanned Aircraft UAS Unmanned Aircraft Sy stem VFR Visual Flight Rules VLOS Visual L ine of Site VMC Visual Meteorological C onditions VTOL Vertical Takeoff and Landing4 **SUMMARY** New View Productions, LLC , seek s 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), t o operate an Unmanned Aircraft Sy stem pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (FMRA). This exemption will permit me to operate an Unmanned Aircraft Sy stem (UAS) for the commercial purpose of conducting aerial video and photo graph y for construction companies, development companies, engineering companies, inspection companies, architectural firms, real

- estate companies, universities, farms, restaurants, vineyards, sporting events, car shows, amusement parks, fairs and other bus inesses in the United States.
**INTRODUCTION AND INTERESTS OF THE PETITIONER** New View Productions, LLC , provide s clients with aerial video and photograph y production using Unmanned Aerial Vehicles (UAVs.) This includes; capturing footage, editing and producing this footage with audio, titles, and text, according to the requests of the customer, and delivering the final product in a variety of formats. Petitioner has over 20 years of photograph y and videography experience including working with weddings, sporting events, corporate work, and nature/landscape photography, in addition to aerial video and photography production. Petit ioner ha s over 2 year s of recreational/hobby experience in all aspects of aerial video and photograph y.

**BACKGROUND** Unmanned Aircraft Sy stems: DJIPhantom 2 New View Productions, LLC , seek s an exemption to operate DJ I systems for compensation or hire within the NAS. The DJ I Phantom 2 is a vertical takeoff and landing (VTOL) Unmanned Aircraft (UA) with a Ground Control Station (GCS) utilizing electronic sy stems. The DJ I Phantom 2 has a maximum gross weight of approximately 1280 gram s , while having a length of 16 inches width of 16 inches, height of 8 inches, and a maximum speed of approximately

29 knots. The DJ I Phantom 2 is equipped with four main rotors; driven by Lithium Poly

mer battery

powered electric motors. The DJ I Phanto m 2 will be operated b y New View Productions, LLC , and 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, New View Productions, LLC , 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 Cer tain Unmanned Aircraft Systems , hereb y petitions the Administrator to commerciall y operate the DJ I Phantom 2 UAS in the National Airspace5

Sy stem (NAS), and for an exemption from the requirements of 14 C.F.R §§ 61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 9 1.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b). In consideration of the speed, weight, size, and limited operating area associated with the unmanned aircraft and its operation, New View Productions, LLC , will meet 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. Accordingl y, New View Productions, LLC , request s 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 appl y to aircraft with an airworthiness certificate. New View Productions, LLC , submit s that the requested relief is proper since an equivalent level of safety will be ensured. Petitioner will use his experience 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 DJ I Phantom 2 In struction M anual). Furthermore, Petitioner will document and maintain all maintenance records for the DJ I Phantom 2 UAS

. Relief from certain requirements of Section 61.113(a) and (b), entitled Private pilot privileges and limitations: Pilot in command, is requested by New View Productions, LLC , to the extent necessary

to allow a Pilot in Command (PI C) by meeting minimum flight

- hour and currency requirements, that the PI C is able to safely operate the DJ I Phantom 2 UAS in a manner consistent with this exemption, including evasive and emergency maneuvers and maintaining appropriate distances from people, vessels, vehicles and structures. New View Productions, LLC , seek s relief from Section 91.7(a), entitled Civil aircraft airworthiness , because the DJ I Phantom 2 UAS d o es not require an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H. As such, New View Productions, LL C will ensure that the 3 UASs are in an airworth y condition, prior to every flight, b y determining that the UASs are in complianc e with the operating documents (i.e., Monthly Maintenance Log, and DJ I Phantom 2 In struction Manual), and that the aircraft are in a condition for safe flight. New View Productions, LLC , also seek s an exemption from the requirements of Section 91.121, ent itled Altimeter Settings , as the DJ I Phantom 2 UAs will not have a ty pical barometric altimeter onboard. However, altitude information of the DJ I Phantom 2 UAs will be provided to the PI C via Global Positioning Sy stem (GPS) equipment and radio communicatio ns telemetry data link, which downlinks from the UA to the GCS for active monitoring of the flight path. This altitude information, combined with my operation of the DJ I Phantom 2 UASs within visual line of sight, at or below 400 feet AGL, will ensure a level of safety equivalent to Section 91.121. Additionally , New View Productions, LLC , seeks an exemption from the requirements of Section 91.151(b), entitled Fuel requirements for flight in VFR conditions

. New View Productions, LLC , submit s that safety will not be affected by

operation of the DJ I Phantom 2 UAs during daylight hours in visual meteorological conditions (VMC) under visual flight rules (VFR), with enough battery power t o fl y for a total duration of approximately 15 minutes to the first point of intended landing and, assuming normal cruising speed, to fl y after that for at least 4.5 minutes. In accordance with 14 C.F.R. § 11.81, New View Productions, LLC , provides the fo llowing information in support of its petition for exemption:6

**A. Name And Address Of The Petitioner**  **:** New View Productions, LLC Kyle Charette (owner/operator) 211C Brittany

Farms Road New Britain, CT 06053 Tel: ( 860) 978

- 2851 Email: kyle@newviewproductions.com **B. The Specific Sections Of 14 C.F.R. from Which New View Productions, LLC**  **, S**  **eeks Exemption.** 
**1. New View Productions, LLC**  **, Seek**  **s Exemption From The Requirements Of**  **Section 61.113(a) And (b).** Section 61.113, entitled Private pilot privileges and limitations: Pilot in command, subsections (a) and (b) prescribe the following, in relevant part: (a) No person who holds a private pilot certificate may act as a pilot in command (PI C) of an aircraft that is carrying passenge rs or property for compensation or hire; nor may that person, for compensation or hire, act as PI C of an aircraft. (b) A private pilot may , for compensation or hire, act as PIC of an aircraft in connection with any business or employ

ment if

— (1) The flight is only

incidental to that business or employ ment; and (2) The aircraft does not carry passengers or property

for compensation or hire.
**2. New View Productions, LLC**  **, Seek**  **s Exemption From The Requirements Of**  **Section 91.7(a).** Section 91.7, entitled Civ il A ircraft A irworthiness , subsection (a), states the following: (a) No person may

operate a civil aircraft unless it is in an airworth y condition.
**3. New View Productions, LLC**  **, Seek**  **s 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 is set, when operating

-- (1) Below 18,000 feet MSL , to

-- (i) The current reported altimeter setting of a station along the route and within 100 nautical miles of the aircraft;7 (ii) If there is no station within the area prescribed in paragraph (a)(1)(i) of this section, the current reported altimeter setting of an appropriate available station; or (iii) In the case of an aircraft not equipped with a radio, the elevation of the departure airport or an appropriate altimeter setting available before departure.
**4. New View Productions, LLC**  **, Seek**  **s 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. New View Productions, LLC**  **, Seek**  **s Exemption From The Requirement Of**  **Section 91.405(a).** Section 91.405, entitled Maintenance required, subsection (a), states the following: Each owner or operator of an aircraft

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

**6. New View Pr**  **oductions, LLC ,**  **Seek s**  **Exemption From The Requirements Of**  **Section 91.407(a)(1)** Section 91.407, entitled Operation after maintenance, preventive maintenance, rebuilding, or alteration , subsection (a)(1), states the following: (a) No person may

operate any aircraft that has undergone maintenance, preventive maintenance, rebuilding, or alteration unless

-- (1) It has been approved for return to service b y a person authorized under § 43.7 of this chapter.
**7. New View Productions, LLC**  **, Seek**  **s 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:8

(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 b y a person authorized by § 43.7 of this chapter; or (2) An inspection for the issuance of an airworthiness certificate in accordance with part 21 of this chapter.
**8. New View Productions, LLC**  **, Seek**  **s Exemption From The Requirements Of**  **Sections 91.417(a) And 91.417(b).** Section 91.417, entitled Maintenance records , subsections (a) and (b), state the following: (a) Except for work performed in accordance with §§ 91.411 and 91.413, each registered owner or operator shall keep the following records for the periods specified in paragraph (b) of this section: (1 ) Records of the maintenance, preventive maintenance, and alteration and records of the 100

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

-- (i) A description (or reference to data acceptable to the Administrator) of the work performed; and (ii) The date of completion of the work performed; and (iii) The signature, and certificate number of the person approving the aircraft for return to service. (2) Records containing the following information: (i) The total time in service of the airframe, each engine, each propeller, and each rotor. (ii) The current status of life

- limited parts o f 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 b y the inspection program under which the aircraft and its appliances are maintained.9 (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 safet y directive involves recurring action, the time and date when the next action is required. (vi) Copies of the forms pre scribed b y § 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 b y 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 transferre d with the aircraft at the time the aircraft is sold. (3) A list of defects furnished to a registered owner or operator under § 43.11 of this chapter shall be retained until the defects are repaired and the aircraft is approved for return to service.

**C. The Extent Of Relief**  **New View Productions, LLC ,**  **Seek s**  **And The Reason New View**  **Productions, LLC ,**  **Seek s**  **The Relief.**
**1 . Extent Of Relief**  **New View Productions, LLC ,**  **Seek s**  **And The Reason New View**  **Productions, LLC ,**  **Seek s**  **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 empl oy

ment if: (1) The flight is only incidental to that business or employ ment; and (2) The aircraft does not carry passengers or property

for compensation or hire. As set forth more full y below, New View Productions, LLC , submit s that an equivalent level of safety

will be maintained because no PI C will be allowed to operate the DJ I Phantom 2 UAS except for the petitioner

. Further, New View Productions, LLC submit s that all flights of the DJ I Phantom 2 UASs, conducted b y the PI C pursuant to the grant of this Petition: (1) will be incidental to petitioner and (2) will not carry passengers or property

for compensation or hire.10

**2. Extent Of Relief**  **New View Productions, LLC ,**  **Seek s**  **And The Reason New View**  **Productions, LLC ,**  **Seek s**  **Relief From Section 91.7(a).** Relief from Section 91.7(a) entitled Civil aircraft airworthiness , is requested to the extent required to allow New View Productions, LL C , to determine that the DJ I Phantom 2 UASs are in airworth y condition prior to every flight b y ensuring that the UAS is in compliance with the operating documents (i.e., Operations Manual, Monthly Maintenance Log, and DJ I Phantom 2 Instruction Manual). New View Productions, LLC , seek s the requested relief because the DJ I Phantom 2 UASs do not require an airworthiness cert ificate in accordance with 14 C.F.R. Part 21, Subpart H. Therefore, New View Productions, LLC , will ensure that the DJ I Phantom 2 UASs are in airworth y condition based upon its compliance with the operating documents (i.e., Monthly Maintenance Lo g, and DJI Phantom 2 Instruction Manual) prior to every flight, and further, determine that the aircraft are in condition for safe flight, as stated in the conditions and limitations below.
**3. Extent Of Relief New View Productions, LLC**  **, Seek**  **s And The Reason**  **New View**  **Productions, LLC ,**  **Seek s**  **Relief From Section 91.121.** Relief from Section 91.121, entitled Altimeter settings , may be required to allow flight operations of the DJ I Phantom 2 UASs, which utilize a barometric pressure sensor, GPS equipment, and a radio communications telemetry data link to downlink altitude information from the UA to the PIC at the ground control station (GCS). Since the FAA requires that an y altitude information concerning UAS operations be reported to air traffic control (ATC) in feet above ground level (AGL), New View Productions, LLC , seek s the requested relief because the DJIPhantom 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. Consideri ng 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 full y set forth herein, an equivalent level of safety will be mai ntained since the DJIPhantom 2 UAs are 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 New View Productions, LLC**  **, Seek**  **s And The Reason**  **New View Productions, LLC**  **, Seek**  **s Relief From Section 91.151(b).**  Relief from Section 91.151(b) entitled Fuel requirements for flight in VFR conditions , is requested to the extent required to allow flights of the battery powered DJ I Phantom 2 UAs during daylight hours in visual meteorological conditions (VMC), under visual flight rules (VFR), for a total duration of 15 minutes to the first poi nt of intended landing and, assuming normal cruising speed, to fly after that for at least 4.5 minutes. New View Productions, LLC , seek s the requested relief because without an exemption from Section 91.151(b), the flight time duration of the battery

power ed DJ I Phantom 2 UAs will severel y constrain the practicality of any aerial video or still photo flight operations that New View Productions, LLC , proposes to conduct pursuant to this Petition.11

Significantl y, as set forth below, the technical specificatio ns of the DJ I Phantom 2 UASs, the DJ I Phantom 2 operating documents, and New View Productions, LL C , proposed operating limitations, ensure that New View Productions, LLC , will safel y operate the battery powered DJ I Phantom 2 UAs during daylight hours in vi sual meteorological conditions (VMC), under visual flight rules (VFR), with enough battery power to fly

for a total duration of 13.5 minutes to the first point of intended landing and, assuming normal cruising speed, to fl y after that for at least 4.5 minutes.
**5. Extent Of Relief New View Productions, LLC**  **, Seek**  **s And The Reason**  **New View Productions, LLC**  **, Seek**  **s 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) onl y apply to aircraft with an airworthiness certificate, New View Productions, LLC , request s relief from these Sections because the DJ I Phantom 2 UASs do not require airworthiness certificates. As set forth more full y below, the DJ I Phantom 2 UASs meet the conditions of FMRA Section 333 for operation without an airworthiness certificate. Accordingly , New View Productions, LLC , will perform maintenance, alterations, or preventive maintenance on the UASs using the methods, techni ques, and practices prescribed in the UAS operating documents (i.e., the Operations Manual, Monthly Maintenance Log, and DJIPhantom 2 Instruction Manual). Furthermore, New View Productions, LLC , will document and maintain all maintenance records for the D JIPhantom 2 UASs. **D. The Reasons Why Granting New View Productions, LLC**  **’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 New View Productions, LLC , t o safely , efficiently , and economically perform aerial video and photograph y for companies needing safe video and photography services

. Additionall y, use of the DJ I Phantom 2 UASs will decrease congestion of the NAS, reduce pollutio n, and provide significant benefits to the econom y. Notably, the benefits of New View Productions, LLC , proposed operation of the DJ I Phantom 2 UASs will be realized without implicating any privacy issues. **1. The Public Will Benefit From Decreased Conges tion Of The NAS.**  The DJ I Phantom 2 UAs are battery powered and serve as a safe, efficient, and economical alternative to the manned aircraft traditionally utilized to obtain aerial imagery . By reducing the amount of manned aircraft needed to perform aeri al acquisitions, an exemption allowing the use of a DJ I Phantom 2 UAS would reduce the amount of manned aircraft in the NAS, reduce noise and air pollution, as well as increase the safety of life and property in the air and on the ground. Furthermore, b y reducing the number of manned aircraft operating in the NAS, congestion around airports caused b y arriving and departing aircraft will be reduced. The DJ I Phantom 2 UAs do not require an airport to takeoff or land. Likewise, a reduction of manned aircraft conducting aerial video and photograph y 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.12

**2. The Public Will Benefit From The Safety And Efficiency Of The**  **DJI Phantom 2 UASs.**  Conducting aerial acquisitions with the DJIPhantom 2 UASs, instead of manned aircraft, will greatly

benefit the public by

drasticall y reducing the levels of air and noise pollution generated during traditional aerial video and still photography flight operations. By

using battery power and electric motors, the DJ I Phantom 2 UASs produce no air pollution, and is the most viable environmentall y conscious alternative to the cabin class, six cylinder internal combustion engine aircraft that are typically utilized for aerial video and photograph y, while burning ap proximately

20

- 30 gallons per hour of leaded aviation fuel. The DJ I Phantom 2 UAs, while reducing the carbon footprint of aerial acquisitions, also eliminates noise pollution, as the UAs are propelled b y battery powered electric motors, rather than an inte rnal combustion engine. By using the DJ I Phantom 2 UASs to perform aerial acquisitions, the substantial risk to life and property

in the air and on the ground, which is usually associated with traditional manned aircraft flight operations, will be substantially reduced or completely

eliminated. Aside from the lack of flight crew members located onboard the aircraft, the DJ I Phantom 2 UAs (weighing approximately 2 pounds 11 ounces, at maximum gross weights with lengths of 16 inches, widths of 16 inches, and with no fuel on board), has less ph ys ical potential for collateral damage to life and property on the ground, and in the air, compared to the manned aircraft that ty picall y conduct similar operations (weighing approximately 6,000 pounds with a wingspan of approximately

42 feet, a length of 34 feet, and a fuel capacity of 180 gallons). **3. Performing Aerial Video and Photography Operations With The DJI Phantom 2**  **UASs Will Benefit The Economy.** In addition to being safe and efficient, the DJ I Phantom 2 UAS s are also an economical alternative to using manned aircraft to conduct similar aerial operations. As such, operation of the DJ I Phantom 2 UASs will allow United States based companies, like New View Productions, LLC , to remain competitive and contribute to growth of the U.S. econom y. Specificall y, with the rising cost of aviation fuel and the Environmental Protection Agency (“EPA”) regulatory

actions phasing out leaded aviation fuels, U.S. owned and operated companies must adopt new and alternative techno logy

in order to remain competitive. Operating the battery powered DJ I Phantom 2 UASs is one such technology that not only

allows companies greater operational flexibility compared to manned aircraft, but provides such flexibility without the high operatio nal cost of a traditional manned aircraft. By operating the DJ I Phantom 2 UASs, companies such as New View Productions, LLC , can remain competitive and profitable, and therefore, provide greater job stability to employees and contractors, which will ultim ately contribute to growth of the U.S. economy . Improved financial performance of U.S. companies, through commercial use of the DJI Phantom 2 UASs, provides a stable workforce that increases consumer spending; improves local, state, and federal tax revenue s; 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.**13

Similar to the manned aerial acquisition flight operations that have been conducted for decades, New View Productions, LLC , proposed operation of the DJ I Phantom 2 UASs will not implicate any

privacy issues. Specificall y, the DJ I Phantom 2 UASs will be ope rated onl y in compliance with operating documents (i.e., the Operations Manual, Monthly Maintenance Lo g, and DJ I Phantom 2 Instruction Manual) which requires propert y owner involvement as well as local law enforcement notification, and in accordance with the Federal Aviation Regulations, including the minimum altitude requirements of 14 C.F.R. § 91.119. **E. The Reasons Why Granting The Exemption Would Not Adversely Affect Safety, Or How The Exemption Would Provide A Level Of Safety At Least Equal To That**  **P rovided By The Rule From Which I Seek Exemption.**  **1. Reasons Why The DJI Phantom 2**  **UAs Meet The Conditions Of The FAA**  **Modernization and Reform Act of 2012 (FMRA) Section 333.** In consideration of the size, weight, speed, and limited operating area associ ated with the unmanned aircraft and its operation, my operation of the DJ I Phantom 2 UASs meet 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 auth ority 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 sys tems 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 s ection 44704 of title 49, United States Code, is required for the operation of unmanned aircraft systems identified under paragraph (1 ). (c) Requirements for Safe Operation.

--If the Secretary determines under this section that certain unmanned aircraft systems may operate safely in the national airspace14 system, the Secretary shall establish requirements for the safe operation of such aircra ft systems in the national airspace system. In seeking this exemption, New View Productions, LLC , submit s that the DJIPhantom 2 UASs can operate safel y in the NAS pursuant to FMRA Section 333, as demonstrated by : (a) the characteristics of the DJ I Phant om 2 UASs; (b) the pilot certification requirement; and (c) the specific operating limitations.

**a. The Specifications Of The DJI Phantom 2**  **UASs Demonstrate Its Safe Characteristics.**  The DJ I Phantom 2 UASs do not create a hazard to users of the NAS or th e 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**  **UASs.** The technical specifications of the DJ I Phantom 2 UASs are set forth b y th e DJ I Phantom 2 Specifications and Data Sheet.

**ii. The DJI Phantom 2**  **UASs Autonomous Flight And Navigation Modes Enable The UASs To Remain Within A Defined Operational Area.**  The DJ I Phantom 2 UASs may be operated in both manual and full y autonomous flight modes. A complete description of the flight and navigational modes of the DJIPhantom 2 UASs is available on

- line at DJI Phantom 2 User Manual

.

**iii. The DJI Phantom 2**  **UASs Are Designed For Automatic Return To Home Point Or Hover In The Event Of Loss Of The Control Link Or**  **Navigation.** When the Control L ink is lost, the DJIPhantom 2 UAs will remain stationary , in flight, for 3 seconds or more. If, after 3 seconds, the DJ I Phantom 2 UAs do not reacquire control link data from the GCS, the UAs will assume that the Control L ink 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 DJ I Phantom 2 UASs is available on - line at DJ I Phantom 2

.

**a. Flights Of DJI Phantom 2**  **UASs Will Be Conducted Pursuant To Specific Operating Limitations.**  In seeking this exemption, New View Productions, LLC , propose s to commerciall y operate DJ I Phantom 2 UASs for the purpose of conducting aerial video and photography over certain areas of United States, pursuant to the following specific operating limitations: 1. Ope rations authorized by this grant of exemption will be limited to the following aircraft described in the operating documents, rotorcraft UASs weighing less than 55 pounds maximum gross weight: DJ I Phantom 2 Unmanned Aircraft S ys tems.15 Proposed operations of any other aircraft will require a new petition or a petition to amend this grant. 2. UAS operations under this exemption will be limited to conducting operations for the purpose of aerial 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 b y the procedures specified in the operating documents unless a special request is made and approved b y ATC. All altitudes reported to ATC must be in feet AGL. 5. The UAs must be operated within visual line of sight (VLOS) of the PI C at all times. This requires the PIC to be able to use human vision unaided b y an y device other than corrective lenses, as specifi ed on the PI C’s FAA

- issued airman medical certificate. 6. The use of first person view (FPV) b y the PI C or safet y observer (SO) is not permitted. 7. All operations must utilize a safety observer (SO). The SO may be used to satisfy the VLOS requirement as long as the PIC alway s maintains VL OS capability . The SO and PI C must be able to communicate verbally at all times. Electronic messaging or texting is not permitted during flight operations. The PI C must be designated before the flight and cannot transfer his or her designation for the duration of the flight. The PI C must ensure that the SO can perform the functions prescribed in the operating docume nts. 8. The SO must not perform any other duties beyond assisting the PI C with seeing and avoiding other air traffic and other ground based obstacles/obstructions and is not permitted to operate 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 it s 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 am endment to the grant of exemption. I f 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 Of fice (AFS

- 80) may

be contacted if questions arise regarding updates or revisions to the operating documents. 10. Prior to each flight the PI C must inspect the UAS to ensure that it is in a condition for safe flight. If the inspection reveals a condition that affects the safe operation of the16 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 critical com ponent, must undergo a functional test flight. The PI C who conducts the functional test flight must make an entry

in the aircraft records. 12. The pre

- flight inspection must account for all potential discrepancies, e.g. inoperable components, items, or e quipment, not already covered in the relevant sections of the operating documents. 13. The operator must follow the UAS manufacturer’s aircraft/component, maintenance, overhaul, replacement, inspection, and life limit requirements. 14. The operator mus t carry out its maintenance, inspections, and record keeping requirements, in accordance with the operating documents. Maintenance, inspection, alterations, and status of replacement/overhaul component parts must be noted in the aircraft records, including total time in service, description of work accomplished, and the signature of the authorized person returning the UAS to service. 15. Each UASs operated under this exemption must comply with all manufacturer Safet y Bulletins. 16. The authorized person must make an entry in the aircraft record of the corrective action taken against discrepancies discovered between inspections. 17. The operator may

not permit any

PIC to operate unless the PI C meets the operator’s qualification criteria and demonstrates the ability to safel y operate the UAS in a manner consistent with how the UAS will be operated under the exemption, including evasive and emergency

maneuvers and maintaining appropriate distances from persons, vessels, vehicles and structures. PIC qualifi cation 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 onl y be conducted during dedicate d 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.
1 8 . UAS operations may

not be conducted during night, as defined in 14 C.F.R. § 1.1. All operations must be conducted under visual meteorological conditions (VMC). If flight at night is required, a special request will be made at the FAA office closest to pr oposed area of operations. Flights under special visual flight rules (SVFR) are not authorized.17

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 a greement with that airport’s management is obtained, and the operation is conducted in accordance with a NOTAM as required b y the operator’s COA. The letter of agreement with the airport management must be made available to the Administrator upon request.
2 0 . The UA may

not be operated less than 400 feet below or less than 2,000 feet horizontally

from a cloud or when visibility is less than 3 statute miles from the PI C.
2 1 . 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.
2 2 . The PI C must abort the flight in the event of unpredicted obstacles or emergencies in accordance with the operating documents.
2 3 . The PI C is prohibited from beginning a flight unless (considering wind and forecast weather conditions) there is enough power to fl y atnormal cruising speed to the intended landing point and land the UA with 25% battery power remaining.
2 4 . The o perator must obtain an Air Traffic Organization (ATO) issued Certificate of Waiver or Authorization (COA) prior to conducting an y operations under the grant of exemption. This COA will also require the operator to request a Notice to Airman (NOTAM) not mor e 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.
2 5 . 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 mu st be as large as practicable.
2 6 . 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.
2 7 . The documents required fewer than 14 C.F.R. 91.9 and 91.203 must be available to the PI C at the Ground Control Station of the UAS any time the UAS is operating. These documents must be made available to the Administrator or any law enforcement of

ficial upon request.
2 8 . The UA must remain clear and yi eld the right of way to all manned aviation operations and activities at all times.
29 . The UAS may

not be operated b y the PIC from any moving device or vehicle.18

3 0 . Flight operations must be con ducted at least 500 feet from all nonparticipating persons (persons other than the PI C, SO, operator trainees or essential persons), vessels, vehicles, and structures unless: a. Barriers or structures are present that sufficiently protect nonparticipating persons from the UA and/or debris in the event of an accident. The operator must ensure that nonparticipating persons remain under such protection. If a situation arises where nonparticipating persons leave such protection and are within 500 feet of the UA, flight operations must cease immediately and/or; b. The aircraft is operated near vessels, vehicles or structures where the owner/controller of such vessels, vehicles or s tructures has granted permission and the PI C has made a safet y assessment of the risk of operating closer to those objects and determined that it does not present an undue hazard, and; c. Operations nearer to the PI C, SO, operator trainees or essential pe rsons do not present an undue hazard to those persons per § 91.119(a).
3 1 . All operations shall be conducted over private or controlled

- access property with permission from the land owner/controller or authorized representative. Permission from land owne r/controller or authorized representative will be obtained for each flight to be conducted.
3 2 . Any incident, accident, or flight operation that transgresses the lateral or vertical boundaries of the operational area as defined b y 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 Section 61.113(a) And**  **(b) Would Not Adversely Affect Safety.** New View Productions, LLC , submit s that the equivalent level of safet y established by Section 61.113(a) and (b) will be maintained because no PI C will be allowed to operate the DJ I Phantom 2 UASs except New View Productions, LLC , and that PIC has demonstrated, by meeting minimum flight

- hour and currency requirements, that the PI C is able to safel y operate the DJ I Phantom 2 UAS in a manner consistent with the exemption, including evasive and emergency

maneuvers and maintaining appropriate distances from people, vessels, vehicles and structures. Considering New View Productions, LLC ’s, proposed area of operations, and the ope rating limitations set forth

- above; the parallel nature of private pilot aeronautical knowledge requirements to those of commercial pilot requirements ( See Exemption No. 11062); and the airmanship skills necessary to safel y operate the DJIPhantom 2 UAS, N ew View Productions, LLC , submit s that the additional manned airmanship experience of a commerciall y certificated pilot would not correlate to the airmanship skills necessary for New View Productions, LLC ’s , specific proposed flight operations. The FAA ha s 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.19

11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110, 11112, 11136, 1113 8, 11150, 11153, 11156, 11158, 11159, 11160, 11161). New View Productions, LLC , will not allow any PI C to operate the DJ I Phantom 2 UAS except petitioner and that PI C has demonstrated, by meeting minimum flight

- hour requirements or the DJ I Phantom 2 UAS training and currency requirements, that the PIC is able to safel y operate the DJ I Phantom 2 UAS in a manner consistent with this exemption, including evasive and emergency

maneuvers and maintaining appropriate distances from people, vessels, vehicles and s tructures. Specificall y, the PI C must have accumulated and logged, in a manner consistent with 14 C.F.R. § 61.51(b), 25 hours of total time as a UAS rotorcraft pilot (with a minimum of 5 hours of those hours as a UAS pilot operating the same make and mode l of UAS to be used for operations under the exemption). In addition to the hour requirements, the PI C must accomplish 3 takeoffs and landings in the preceding 90 day s (for currency purposes). As in Exemption Nos. 11062, 11138, and 11153, prior documented flight experience that was obtained in compliance with applicable regulations will ensure an equivalent level of safety during m y 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 PI C 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 PI C must also have accumulated and logged a minimum of 5 hours as a UAS pilot operating the same make and m odel 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 day s (for currency

purposes). The FAA finds that at a minimum, the flight

- ho ur 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

- b uilding flights the PI C is required to operate the UA with appropriate distances in accordance with 14 C.F.R 91.119. Exemption No. 11138 at page 15. Accordingl y, New View Productions, LLC , will ensure safe operations by not allowing any PIC to operate the DJIPhantom 2 UAS unless that PI C has demonstrated, by meeting minimum flight

- hour and currency requirements, that the PI C is able to safely operate the DJ I Phantom 2 UAS in a manner consis tent with the exemption, including evasive and emergency maneuvers and maintaining appropriate distances from people, vessels, vehicles and structures.20

**3. Reasons Why An Exemption From The Requirements Of Section 91.7(a) Would Not Adversely Affect Safety** 
**.** The equivalent level of safety established b y Section 91.7(a) will be maintained because prior to every

flight, New View Productions, LLC , will ensure that the DJI Phantom 2 UAS is in an airworth y condition based upon the UAS’s compliance with its oper ating 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.**  Th e equivalent level of safety established b y Section 91.121 will be maintained because the altitude information of the DJ I Phantom 2 UAs will be provided to the PIC via GPS equipment and a radio communications telemetry data link, which downlinks from the UA to the GCS for active monitoring of the flight path and altitude. This altitude information, combined with my operation of the DJIPhantom 2 UAs within visual line of sight, at or below 400 feet AGL, will ensure a level of safet y equivalent to Section 91 .121. The altitude information will be generated b y GPS equipment installed onboard the aircraft. Prior to each flight, a zero altitude initiation point is automatically established b y the UASs at ground level. The FAA has previously

granted relief from S ection 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 tec hnical specifications of the DJ I Phantom 2 UASs; (2) the limitations on the proposed flight operations; and (3) the location of the proposed flight operations. Accordingl y, New View Productions, LLC , will ensure that it will safely operate the battery

powe red DJ I Phantom 2 UAs during daylight hours in VFR conditions, with enough battery

power to fly

for a total duration of 15 minutes to the first point of intended landing and, assuming normal cruising speed, to fly after that for at least 4.5 minutes.
Her e, as in Exemption No. 11109, the technical specifications of the DJ I Phantom 2 UASs; the limitations on the proposed flight operations; and the location of the proposed operations, will ensure an equivalent level of safety established b y 14 C.F.R. Section 91.151(b). Furthermore, safet y will be ensured as the DJ I Phantom 2 UASs provide audible and visual warnings to the PI C at the GCS when the UAs experiences low battery voltage, the first warning occurring at approximately 33% remaining battery power, and again at approximately 10% remaining battery

power. At the criticall y low battery level, the DJ I Phantom3 UASs will descend and land automatically

.21

Significantl y, previous exemptions granted b y the FAA concerning Section 91.151 establish that safet y is no t adversel y 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 previousl y 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, New View Productions, LLC , submit that the equivalent level of safet y 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 New View Productions, LLC , wil l use trained technicians to perform maintenance, alterations, or preventive maintenance on the UASs using the methods, techniques, and practices prescribed in the operating documents (i.e., the Operations Manual, Monthly Maintenance L og, and DJ I Phantom 2 In struction Manual). Furthermore, I will document and maintain all maintenance records for the DJ I Phantom 2 UASs. Likewise, the exemption sought will not adversel y affect safety because New View Productions, LLC , will use my experience to perform maint enance, 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 DJ I Phantom 2 UASs will be performed b y m e. Maintenance will be documented and maintained utilizing the monthly

maintenance log. Significantl y, previous exemptions granted b y the FAA concerning Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b) establish that safety is not adversel y affected when the technical characteristics and operating limitations of the UAS are considered. In consideration of m y proposed operating limitati ons, the operating documents, and the technical aspects of the DJIPhantom 2 UASs, I submit that safety will not be adversel y 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). Th e FAA has previousl y 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 Modernization and Reform Act of 2012 (FMRA) and 14 C.F.R. § 21.16 entitled Special Conditions , New View Prod uctions, LLC , request s that the FAA prescribe special conditions for the intended operation of the DJ I Phantom 2 UASs, which contain such safet y standards that the Administrator finds necessary to establish a22

level of safety

equivalent to that established by 14 C.F.R. Part 21, Subpart H, and 14 C.F.R §§ 61.113(a) & (b), 91.7 (a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b). Such special conditions will permit safe operation of the UAs for the limited purpose of con ducting 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 securit y; and further, provides the authority for such UAS to operate without airworthiness certification in accordance with an y 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 DJ I Phantom 2 UASs, 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 safet y 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 the product. The special conditions are issued in accordance with Part 11 of this chapter a nd contain such safet y 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 Leading Edge’s intended operation of the DJIPhantom 2 UASs, which contain such safety standards that the Administrator finds necessary to establish a level of safet y equivalent to th at 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).

**F. A Summary That Can Be Published In The**  **Federal Register, stating: The Rules From**  **Which I**  **Seek Exemption:** New View Productions, LLC , 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 Brie f Description Of The Nature Of The Exemption**  **I Seek:**  This exemption will permit New View Productions, LLC , 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**  **New View Productions, LLC**  **, Request.** 23

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 safel y in the NAS. As such, New View Productions, LLC ’s request for exemption may be granted pursuant to the authority of FMRA Section 333 and 14 C.F. R. Part 11, as set forth above. FMRA Section 333 sets forth the requirements for considering whether a UAS will create a hazard to users of the NAS or the public, or otherwise pose a threat to national security; and further, provides the authority for suc h UAS to operate without airworthiness certification. As discussed in detail above, New View Productions, LLC , will operate the DJ I Phantom 2 UASs safel y in the NAS, without creating a hazard to users of the NAS, or the public, or otherwise pose a threat to national securit y.

**CONCLUSION** As set forth herein, New View Productions, LL C , seeks an exemption pursuant to 14 C.F.R. § 11.61 and Section 333 of the FAA Modernization and Reform Act of 2012 (FMRA), which will permit safe operation of the DJ I Phantom 2 UASs commerciall y, 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 Congr essional mandate of the FAA Modernization and Reform Act of 2012, while also advancing the interests of the public, by allowing New View Productions, LLC , to safely , efficientl y, and economically operate the DJ I Phantom 2 UASs commercially within the NAS.
**WHEREFORE** , in accordance with the Federal Aviation Regulations and the FAA Modernization and Reform Act of 2012, Section 333, New View Productions, LLC , respectfull y requests that the Administrator grant this Petition for an exemption from the requirements of 14 C.F.R Sections 61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b), and permit New View Productions, LLC , to operate the DJ I Phantom 2 UASs commerciall y for the purpose of conducting aerial video and photograph y over certain areas of the United States. Dated: September 29 , 2015 Respectfully submitted,

_________________________ New View Productions, LLC Kyle Charette (owner/operator) 211C Brittany Farms Road New Britain, CT 06053 Tel: (860) 978

- 2851 Kyle@NewViewProductions.com24

APPENDI CES: Appendix A

– DJIPhantom 2 Technical Specifications Appendix B

- Phantom 2 Pre

- Flight Inspection Check List Appendix C

– Phantom Flying Flowchart Appendix D

– Monthly

Maintenance Lo g

**APPENDIX A**
**DJI PHANTOM 2 TECHNICAL SPECIFICATIONS**  New View Productions, LLC , onl y utilizes safe and reliable UASs. DJ I is an industry leader in small UAS production. DJIUASs are loaded with ground breaking software enabling the user to 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, DJI software provides real

- time altitude and location information to the PI C via the linked monitor (smart phone/tablet devices)

. Phantom 2 General Specs. **Weight (Including Battery And Propellers)**  1280 g **Diagonal Size (Including Propellers)** 590 mm **Max Ascent Speed**  5 m/s **Max Descent Speed** 3 m/s **Hover Accuracy** Vertical: +/

- 10cm Horizontal: +/

- 1m **Max Speed** 16 m/s (ATTI mode, no wind) **Max Altitude Above Sea Level** 6000 m **Operating Temperature** 0°C to 40°C **GPS Mode** GPS/GLONASS Camera **Sensor** Sony EXMOR 1/2.3” Effective pixels: 12.4 M (total pixels: 12.76 M) **Lens** FOV 94° 20 mm (35 mm format equivalent) f/2.8, focus at ∞ **ISO Range** 100

- 3200 (video) 100

- 1600 (photo)25

**Shutter Speed** 8s

- 1/8000s **Image Max Size** 4000 x 3000 **Still Photography Modes** Single Shot Burst Shooting: 3/5/7 shots Auto Exposure Bracketing (AEB): 3/5 Bracketed Frames at 0.7EV Bias Time

- lapse **Video Recording Modes** Phantom 2 FHD: 1920x1080p 24/25/30/48/50/60 HD: 1280x720p 24/25/30/48/50/60 **Supported SD Card Types** Micro SD Max capacity: 64 GB. Class 10 or UHS

- 1 rating required **Max Bitrate Of Video Storage** 60 Mbps **Supported File Formats** FAT32/exFAT Photo: JPEG, DNG Video: MP4, MOV (MPEG

- 4 AVC/H.264) **Operating Temperature** 0°C to 40°C Gimbal **Controllable Range** Pitch

- 90° to +30° **Stabilization** 3

- axis (pitch , roll, yaw) Vision Positioning **Max Velocity** Less than 8 m/s (when 2 m above ground) **Altitude Range** 30 cm

- 300 cm **Operating Range** 30 cm

- 300 cm **Operating Environment** Surface with clear pattern and adequate lighting (Lux > 15) Remote Controller **Operating Frequency**  2.400 GHz

- 2.483 GHz **Max Distance** 2000m (outdoors and unobstructed) **Video Output Port** USB **Operating Temperature** 1.12627 **A PPENDIX**  **B**
Phantom 2 Pre

- Flight Inspection Check List
Pre

- Flight Check List
 Visual inspection for defects
 Batteries fully

charged and checked

- Transmitter, UAS, iPad, iPhone, approved/compatible device
 Props tightened and locked
 SD card in camera
 Lens cap removed (As necessary)
 Antennae up and parallel
 Transmitter turned on (press once, release, then press and hold for 3 seconds)
 Ensure Transmitter is in P Mode
 UAS turned on (press once, release, then press and hold for 3 seconds)
 Flick the transformation switch on tr ansmitter up and down 4 times quickly to convert from travel mode to flight mode or use the app
 DJIPilot app quit and restarted, no other running apps on iPad
 Tap bar at top of app (Safe to Fl y GPS) for full status
 Maps are cached (move the map around, zoom in an out)
 Minimum return height adjusted (check for tallest object and set accordingl y)
 UAS placed in safe launch and recover position
 Home point reprogrammed via app
 Area clear of peop le / obstructions Flight Check Li st  Hover close for 20 seconds. Look / L isten for defects
 Confirm expected stick operation
 Monitor battery

power  Monitor signal strength
 Keep line

- of

- sight with UAS

o Ensure area/zone of intended flight path is clear of other aerial traffic.

o Ensure area/zone of intended flight path is clear of any electrical/power lines

o Ensure atmospheric conditions are optimal for safe operation of UAV/UAS
Select a safe zone to “ditch” the UAV/UAS in the event an emergency landing is required28 **A PPENDIX C** 29 **A PPENDIX**  **D**