### 1 UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

FEDERAL AVIATION ADMINISTRATION

WASHINGTON, DC

IN THE MATTER OF THE PETITION FOR EXEMPTION OF:

AvCentral Global, Inc.

FOR AN EXEMPTION SEEKING RELIEF FROM T HE REQUIREMENTS OF

TITLE 14 OF THE CODE OF FEDERAL REGULATIONS
SECTIONS 61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), AND 91.417(a) & (b) CONCERNING COMMERCIAL OPERATION OF DJI Phantom 2 AND DJI Phantom 3 UNMANNED AIRCRAFT SYSTEMS PURSUANT TO SECTION 333 OF THE FAA MODERNIZATION AND REFORM ACT OF 2012

(PUBLIC LAW 112

- 95)

Submitted on December 17 , 2015

AvCentral Global, Inc. Attn. Gregory Allen 651 Camelot Drive Burr Ridge, IL 60527

312

- 771

- 0111

corpfltops@hotma il.com

### 2 TABLE OF CONTENTS

Pag e

GLOSSARY OF ABBREVIATIONS



### ................................ ................................ ................... ...... 3

SUMMARY



### ................................ ................................ ................................ ............................ ... 4

INTRODUCTION AND INTERESTS OF PETITIONER



### ................................ .................... ....... 4

BACKGROUND.......................................................................................

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

BASIS FOR PETITION.......................................................................................................

..... 5

NAME AND ADDRESS OF PETITIONER.......................................

.................. ...................... 6

THE SPECIFIC SECTIONS OF 14 C.F.R. FROM WHICH AVCENTRAL GLOBAL, INC.

SEEKS EXEMPTION..........................................................

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

THE EXTENT OF RELIEF AVCENTRAL GLOBAL, INC. SEEKS AND THE REASON AvCentral Global, Inc. SEEKS THE RELIEF...........

...................................................... .... ...................................... ..........1 0

THE REASONS WHY GRANTING AVCENTRAL GLOBAL, INC. ’S REQUEST

WOULD BE IN THE PUBLIC INTEREST ....................

............ .......... .. ..1 3

THE REASONS WHY GRANTING THE EXEMPTION WOULD NOT ADVERSELY AFFECT SAFETY..............................................................................................

. ........16

SUMMARY THAT CAN BE PUBLISHED IN THE FEDERAL RE GISTER.................3 0
ANY ADDITIONAL INFORMATION, VIEWS, OR ARGUMENTS AVAILABLE TO

SUPPORT REQUEST...

..................................................... ......3 0

CONCLUSION...................................................................

................................... ...... .. . ......... 3 1

APPENDICES...............................................................

............... .........................3 2

### 3 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 Con trol Station

GPS Global Positioning System

LOL Loss of Link

NAS National Airspace System

NOTAM Notice to Airman

PIC Pilot In Command

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

333

SO Safety Observer

SOP Standard Operating Procedures

UA Unmanned Aircraft

UAS Unmanned Aircraft System

VFR Visual Flight Rules

VLOS Visual Line of Site

VMC Visual Meteorological Conditions

VTOL Vertical Takeoff and Landing

### 4 SUMMARY

AvCentral Global , I nc seeks exemption from the requirements of 14 C.F.R §§ 61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b), to operate an Unmanned Aircraft System pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (FM RA). This exemption will permit AVCENTRAL GLOBAL, INC. to operate an Unmanned Aircraft System (UAS) for the commercial purpose of conducting aerial video and photography of real estate, and landscape over certain areas
of the United States.

INTRODU CTION AND INTERESTS OF THE PETITIONER

AVCENTRAL GLOBAL, INC. provides it ’ s clients with photography and video services of properties and buildings for the purpose of advertising and promotion. The objective of AVCENTRAL GLOBAL, INC. and his aer ial operations is to provide high quality imaging for a variety of commercial, public, and residential uses, specifically targeting:

• Residential Construction

• Real

- estate marketing



### • Resort property marketing

BACKGROUND

Unmanned Aircraft Systems: DJI P hantom 2, DJI Phantom 3 UASs

AVCENTRAL GLOBAL, INC. seeks an exemption to operate DJI systems for compensation or hire within the NAS. The DJI Phantom 2 and DJI Phantom 3 are vertical takeoff and landing (VTOL) Unmanned Aircraft (UA) with a Ground C ontrol 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 width of 16 inches, height of 8 inches, and a maximum speed of app roximately 29 knots. The DJI Phantom 3 has a maximum gross weight of 6 pounds 7.5 ounces, a length of 17.3 inches, width of 17.7 inches, height of 11.8 inches, and a maximum speed of approximately 42 knots. The DJI Phantom 2 and DJI Phantom 3UAs are equipp ed with four main rotors; driven by Lithium Polymer battery powered electric motors.

### 5 BASIS FOR PETITION

Petitioner, AVCENTRAL GLOBAL, INC. , pursuant to the provisions of the Federal Aviation Regulations (14 C.F.R. § 11.61) and the FAA Modernizat ion and Reform Act of 2012 (FMRA), Section 333, Special Rules for Certain Unmanned Aircraft Systems

, hereby petitions the Administrator to commercially operate the DJI Phantom 2 and DJI Phantom 3 UASs in the National Airspace System (NAS), and for an exemp tion from the requirements of 14 C.F.R §§ 61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b).
In consideration of the speed, weight, size, and limited operating area associated with the

unmanne d aircraft and its operation, AVCENTRAL GLOBAL, INC. operation of DJI Phantom 2 and DJI Phantom 3 UASs 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, AVCENTRAL GLOBAL, INC. requests relief from Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b), as these sections set forth requirements for maintenance that only apply to aircraft with an airworthiness cer tificate.
AVCENTRAL GLOBAL, INC. submits that the requested relief is proper since an equivalent level of safety will be ensured. AVCENTRAL GLOBAL, INC. will use experienced personnel or technicians to perform maintenance, alterations, or prev entive maintenance on the UASs using the methods, techniques, and practices prescribed in the operating documents (i.e., Monthly Maintenance Log, and DJI Phantom 2 and DJI Phantom 3 Instruction Manual). Furthermore, AVCENTRAL GLOB AL, INC. will docume nt and maintain all maintenance
records for the DJI Phantom 2 and DJI Phantom 3 UASs.

Relief from certain requirements of Section 61.113(a) and (b), entitled Private pilot privileges and limitations: Pilot in command , is requested by AVCENTRAL GLOBAL, INC.
to the extent necessary to allow a Pilot in Command (PIC) holding a private pilot or higher level certificate, as well as an airman medical certificate, and who has demonstrated, by meeting minimum flight

- hour and currency requirements, that the PIC is able to safely operate the DJI Phantom 2 and DJI Phantom 3 UASs in a manner consistent with this exemption, including evasive and emergency maneuvers and maintaining appropriate distances from people, vessels, vehicles and structures.

### 6

AVCENTRAL GLOBAL, INC. seeks relief from Section 91.7(a), entitled Civil
aircraft airworthiness , because the DJI Phantom 2 and DJI Phantom 3 UASs do not require an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H. As such, AVCENTRAL GLOBAL, INC. submits that he will ensure that the DJI Phantom 2 and DJI Phantom 3UASs are in an airworthy condition, prior to every flight, by determining that the UASs are in compliance with the operating documents (i.e., Monthly Maintenance Log, and DJI Phantom 2 and DJI Phantom 3 Instruction Manual), and that the aircraft are in a condition for safe flight. He will utilize the preflight instructions provided by DJI to ensure airworthiness checks prior to each flight.
AVCENTRAL GLOBAL, INC. also s eeks an exemption from the requirements of Section 91.121, entitled Altimeter Settings , as the DJI Phantom 2 and DJI Phantom 3 UAs will not have a typical barometric altimeter onboard. However,
altitude information of the DJI Phantom 2 and DJI Phantom 3UAs will be provided to the PIC via Global Positioning System (GPS) equipment and radio communications telemetry data link, which downlinks from the UA to the GCS for active monitoring of the flight path. This altitude information, combined with AVCENTRAL GLOBAL, INC. ’s operation of the DJI Phantom 2 and DJI Phantom 3 UASs within visual line of sight, at or below 500 feet AGL, will ensure a level of safety equivalent to Section 91.121.
Additionally, AVCENTRAL GLOBAL, INC. seeks an exemption from t he requirements of Section 91.151(b), entitled Fuel requirements for flight in VFR
conditions

. AVCENTRAL GLOBAL, INC. submits that safety will not be affected by operation of the DJI Phantom 2 and DJI Phantom 3 UAs during daylight hours in visual met eorological conditions (VMC) under visual flight rules (VFR), with enough battery power to fly for a total duration of approximately 14.5 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 14 C.F.R. § 11.81, AVCENTRAL GLOBAL, INC. provides the following information in support of its petition for exemption:

A. Name And Address Of The Petitioner.

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

AvCentral Global, Inc. Attn. Gregory Allen 651 Camelot Drive Burr Ridge, IL 60527 312

- 771

- 0111 corpfltops@hotma il.com

### 7

B. T he Specific Sections Of 14 C.F.R. From Which AVCENTRAL
GLOBAL, INC. Seeks Exemption.

1. AVCENTRAL GLOBAL, INC. Seeks Exemption From The Requirements Of
Section 61.113(a) And (b).
Section 61.113, entitled Private pilot privileges and limitatio ns: Pilot in

command

, subsections (a) and (b) prescribe the following, in relevant

part:
(a) No person who holds a private pilot certificate may act as a pilot in command (PIC) of an aircraft that is carrying passengers or property for compensation or hire; n or 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 employme nt; and

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

2. AVCENT RAL GLOBAL, INC. Seeks Exemption From The Requirements Of
Section 91.7(a).
Section 91.7, entitled Civil aircraft airworthiness , subsection (a),

states th e following:
(a) No person may operate a civil aircraft unless it is in an airworthy condition.

3. AVCENTRAL GLOBAL, INC. Seeks Exemption From The Requirements Of

Section 91.121.
Section 91.121, entitled Altimeter settings, subsection (a), states the

f ollowing, 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 rep orted altimeter setting of a station along the
route and within 100 nautical miles of the aircraft;
(ii) If there is no station within the area prescribed in paragraph (a)(1)(i) of this section, the current reported altimeter setting of

### 8 an appropriate availabl e 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. AVCENTRAL GLOBAL, INC. Seeks Exemption From The Requirements

Of Section 9 1.151(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) the re 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. AVCENTRAL GLOBAL, INC. Seeks Exemption From The Requirement Of
Section 91.405(a).
Section 91.405, en titled 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

paragrap h (c) of this section, have discrepancies repaired as prescribed in part 43 of this chapter[.]

6. AVCENTRAL GLOBAL, INC. Seeks Exemption From The Requirements Of
Section 91.407(a)(1)
Section 91.407, entitled Operation after maintenance, preventive

maintenance, rebuilding, or alteration , subsection (a)(1), states the
following:
(a) No person may operate any aircraft that has undergone
maintenance, preventive maintenance, rebuilding, or alteration

unless

-- (1) It has been approved for return to ser vice by a person
authorized under § 43.7 of this chapter[.]

### 9

7. AVCENTRAL GLOBAL, INC. Seeks Exemption From The
Requirements Of Sections 91.409(a)(1) And 91.409(a)(2).
Section 91.409, entitled Inspections , subsection (a), states the following:

(a) Except as provided in paragraph (c) of this section, no person may
operate an aircraft unless, within the preceding 12 calendar months, it

has had

-- (1) An annual inspection in accordance with part 43 of this chapter and has been approved for return to serv ice 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. AVCENTRAL GLOBAL, INC. Seeks Exemption From The
Requirements Of Sections 91.417(a ) And 91.417(b).

Section 91.417, entitled Maintenance records , subsections (a) and (b),
state the following:
(a) Except for work performed in accordance with §§ 91.411 and 91.413, each registered owner or operator shall keep the following

records for the periods specified in paragraph (b) of this section:
(1) Records of the maintenance, preventive maintenance, and
alteration and records of the 100

- hour, annual, progressive, and other required or approved inspections, as appropriate, for each aircraft (in cluding 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 st atus of life

- limited parts of each airframe,
engine, propeller, rotor, and appliance.

### 10 (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 a ircraft, 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 eac h major alteration to the airframe and currently installed engines, rotors, propellers, and appliances.
(b) The owner or operator shall retain the following records for the
periods prescribed:
(1) The records specified in paragraph (a)(1) of this section

shall b e retained until the work is repeated or superseded by other work or for 1 year after the work is performed.
(2) The records specified in paragraph (a)(2) of this section

shall be retained and transferred with the aircraft at the time

the aircraft is sold.
(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 AVCENTRAL GLOBAL, INC. Seeks And

Th e Reason AVCENTRAL GLOBAL, INC. Seeks The Relief.

1. Extent Of Relief AVCENTRAL GLOBAL, INC. Seeks And The Reason
AVCENTRAL GLOBAL, INC. Seeks Relief From Section 61.113(a) And (b).
Relief from Section 61.113(a) and (b) entitled Privat e 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

### 11

airman medical certificate, and who has met certain flight

- hour an d 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, AVCENTRAL GLOBAL, IN C. submits that an equivalent level of safety will be maintained because no PIC will be allowed to operate the DJI Phantom 2 UAS or DJI Phantom 3 UAS unless that PIC has met certain flight

- hour and currency requirements, demonstrating that t he PIC is able to safely operate either the DJI Phantom 2 or DJI Phantom 3 UAS in a manner consistent with the operations specifications as described in this exemption, including evasive and emergency maneuvers, as well as maintaining appropriate
distances from people, vessels, vehicles and structures.

Further, AVCENTRAL GLOBAL, INC. submits that all flights of the DJI Phantom 2 and DJI Phantom 3 UASs, conducted by the PIC pursuant to the grant of this Petition: (1) will be incidental to AVCENTRAL GLOBAL, INC. ’s business; and (2) will not carry passengers or property for compensation or hire.

2. Extent Of Relief AVCENTRAL GLOBAL, INC. Seeks And The Reason
AVCENTRAL GLOBAL, INC. 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 AVCENTRAL GLOBAL, INC. to determine that the DJI Phantom 2 and DJI Phantom 3 UASs are in airworthy condition prior to every flight by ensuring that the UAS i s in compliance with the operating documents (i.e., the AVCENTRAL GLOBAL, INC. Aerial Operations Manual, Monthly Maintenance Log, and DJI Phantom 2 and DJI Phantom 3 Instruction Manual).

AVCENTRAL GLOBAL, INC. seeks the requested relief becaus e the DJI Phantom 2 and DJI Phantom 3 UASs do not require an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H. Therefore, AVCENTRAL GLOBAL,
INC. will ensure that the DJI Phantom 2 and DJI Phantom 3 UASs are in airworthy
condi tion based upon its compliance with the operating documents (i.e., Monthly Maintenance Log, and DJI Phantom 2 and DJI Phantom 3 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.

### 1 2

3. Extent Of Relief AVCENTRAL GLOBAL, INC. Seeks And The Reason
AVCENTRAL GLOBAL, INC. Seeks Relief From Section 91.121.
Relief from Section 91.121, entitled Altimeter settings, may be required to allo w flight operations of the DJI Phantom 2 and DJI Phantom 3 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 any altitude information concerning UAS operations be reported to air traffic control (ATC) in feet above ground level (AGL), AVCENTRAL GLOBAL, INC. seeks the requested relief because the DJI

Phantom 2 and DJI Phan tom 3 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 and DJI Phantom 3 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 AVCENTRAL GL OBAL, INC. Seeks And The Reason
AVCENTRAL GLOBAL, INC. Seeks Relief From Section 91.151(b).

Relief from Section 91.151(b) entitled Fuel requirements for flight in VFR conditions, is requested to the extent required to allow flights of the batter y powered DJI Phantom 2 and DJI Phantom 3 UAs during daylight hours in visual meteorological conditions (VMC), under visual flight rules (VFR), for a total duration of 14.5 minutes to the first point of intended landing and, assuming normal cruising speed, to fly after that for at least 4.5 minutes. AVCENTRAL GLOBAL,
INC. seeks the requested relief because without an exemption from Section 91.151(b), the flight time duration of the battery powered DJI Phantom 2 and DJI Phantom 3 UAs will severely cons train the practicality of any aerial video or still photo flight operations that AVCENTRAL GLOBAL, INC. proposes to conduct pursuant to this Petition.
Significantly, as set forth below, the technical specifications of the DJI Phantom 2
and DJI Phant om 3 UASs, the DJI Phantom 2 and DJI Phantom 3 operating documents, and AVCENTRAL GLOBAL, INC. ’s proposed operating limitations,
ensure that AVCENTRAL GLOBAL, INC. will safely operate the battery powered

### 13

DJI Phantom 2 and DJI Phantom 3 UAs duri ng daylight hours in visual meteorological conditions (VMC), under visual flight rules (VFR), with enough battery power to fly for a total duration of 14.5 minutes to the first point of intended landing and, assuming normal cruising speed, to fly after tha t for at least 4.5
minutes.

5. Extent Of Relief AVCENTRAL GLOBAL, INC. Seeks And The Reason AVCENTRAL GLOBAL, INC. 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), 91.4 07(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b) only apply to aircraft with an airworthiness certificate, AVCENTRAL GLOBAL, INC. requests relief from these Sections because the DJI Phantom 2 and DJI Phantom 3 UASs do not require airworthiness ce rtificates. As set forth more fully below, the

DJI Phantom 2 and DJI Phantom 3 UASs meet the conditions of FMRA Section 333 for operation without an airworthiness certificate. Accordingly, AVCENTRAL
GLOBAL, INC. will use trained technicians to perfor m maintenance, alterations, or preventive maintenance on the UASs using the methods, techniques, and practices prescribed in the UAS operating documents (i.e., the AVCENTRAL GLOBAL, INC. Aerial Operations Manual, Monthly Maintenance Log, and DJI Phan tom 2 and DJI Phantom 3 Instruction Manual). Furthermore, AVCENTRAL GLOBAL, INC. will

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

Phantom 3 UASs.

D. The Reasons Why Granting AVCE NTRAL GLOBAL, INC. 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 AVCENTRAL GLOBAL, INC. to safely, efficiently, and economically perform aerial video and photo graphy of real estate, and landscape over certain areas of the
United States.
Additionally, use of the DJI Phantom 2 and DJI Phantom 3 UASs will decrease congestion of the NAS, reduce pollution, and provide significant benefits to the economy. Notably, th e benefits of AVCENTRAL GLOBAL, INC. ’s proposed operation of the DJI Phantom 2 and DJI Phantom 3 UASs will be realized without implicating any privacy issues.

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

### 14

The DJI Phantom 2 and D JI Phantom 3 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 aerial acquisitions, an exem ption allowing the use of a DJI
Phantom 2 or DJI Phantom 3 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, by reducin g the number of manned aircraft operating in the NAS, congestion around airports caused by arriving and departing aircraft will be reduced. The DJI Phantom 2 and DJI Phantom 3 UAs do not require an airport to takeoff or land. Likewise, a reduction of manne d 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 Fro m The Safety And Efficiency Of The DJI

Phantom 2 and DJI Phantom 3 UASs.
Conducting aerial acquisitions with the DJI Phantom 2 and DJI Phantom 3 UASs,
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 motors, the DJI Phantom 2 and DJI Phantom 3 UASs produce no air pollution, and is the most viable environmentally consci ous alternative to the cabin class, six cylinder internal combustion engine aircraft that are typically utilized for aerial video and photography, while burning approximately 20

- 30 gallons per hour of
leaded aviation fuel. The DJI Phantom 2 and DJI Phantom 3 UAs, while reducing the carbon footprint of aerial acquisitions, also eliminates noise pollution, as the UAs are propelled by battery powered electric motors, rather than an internal combustion engine.
By using the DJI Phantom 2 and DJI Phantom 3 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 l ack of flight crew members located onboard the aircraft, the DJI Phantom 2 and DJI Phantom 3 UAs (weighing approximately 2 pounds 11 ounces and 6 pounds 7.5 ounces respectively, at their maximum gross weights with lengths of 16 inches and 17.3 inches respe ctively, widths of 16 inches and 17.7 inches respectively, and with no fuel on board), has less physical potential for collateral damage to life and property

### 15

on the ground, and in the air, compared to the manned aircraft that typically conduct similar oper ations (weighing approximately 6,000 pounds with a wingspan of approximately 42 feet, a length of 34 feet, and a fuel capacity of 180 gallons).

3. Performing Aerial Video and Photography Operations With The DJI

Phantom 2 and DJI Phantom 3 UASs Will Benef it The Economy.
In addition to being safe and efficient, the DJI Phantom 2 and DJI Phantom 3 UASs are also an economical alternative to using manned aircraft to conduct similar aerial operations. As such, operation of the DJI Phantom 2 and DJI
Phantom 3 UA Ss will allow United States based companies, like AVCENTRAL GLOBAL, INC. , to remain competitive and contribute to growth of the U.S. economy. Specifically, with the rising cost of aviation fuel and the Environmental Protection Agency (“EPA”) regulato ry actions phasing out leaded aviation fuels, U.S. owned and operated companies must adopt new and alternative technology in order to remain competitive. Operating the battery powered DJI Phantom 2 and DJI Phantom 3 UASs is one such technology that not onl y allows companies greater operational flexibility compared to manned aircraft, but provides such flexibility without the high operational cost of a traditional manned aircraft.
By operating the DJI Phantom 2 and DJI Phantom 3 UASs, companies such as AVCENTRAL GLOBAL, INC. , 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, th rough commercial use of the DJI Phantom 2 and DJI Phantom 3 UASs, provides a stable workforce that increases consumer spending; improves local, state, and federal tax revenues; and allows companies to invest in research and development in order to remain c ompetitive both in the
United States and abroad.

4. There Are No Privacy Issues.

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

many years , AVCENTRAL GLOBAL, INC. ’s proposed operation of the DJI Phantom 2

a nd DJI Phantom 3 UASs will not implicate any privacy issues. Specifically, the DJI Phantom 2 and DJI Phantom 3 UASs will be operated only in compliance with operating documents (i.e., the AVCENTRAL GLOBAL, INC. Aerial Operations Manual, Monthly Maint enance Log, and DJI Phantom 2 and DJI Phantom 3 Instruction Manual) which requires property owner involvement and permission to videotape/photograph as well as local law enforcement notification, and in accordance with the Federal Aviation Regulations, inc luding the minimum altitude requirements of 14 C.F.R. § 91.119.

E. The Reasons Why Granting The Exemption Would Not Adversely Affect

### 16

Safety, Or How The Exemption Would Provide A Level Of Safety At Least Equal To That Provided By The Rule From Which AVCENTRAL GLOBAL,

INC. Seeks Exemption.

1. Reasons Why The DJI Phantom 2 and DJI Phantom 3 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 associated with the unmanned aircraft and its operation, AVCENTRAL GLOBAL, INC. ’s operation of the DJI Phantom 2 and DJI Phantom 3 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 authority for a UAS to operate without airworthiness certification and sets forth requirements for considering whether a UAS will create a hazard to users of the NAS or the public, or otherwise pose a threat to national security. Specifically, FMRA Section 333 states the following, in part:

(a) In General.

-- Notwithstanding any other requirement of this subtitle, and not later than 180 days after the date of enactment of this Act, the Secretary of Transportation shall determine if certain unmanned aircraft systems may operate safely in the national airspace system before completion of the plan and rulemaking required by section 332 of this Act or the guidance required by section 334 of this Act.
(b) Assessment of Unm anned 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 airpor ts 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

a irworthiness certification under section 44704 of title 49, United States Code, is required for the operation of unmanned aircraft systems identified under paragraph (1).

(c) Requirements for Safe Operation.

-- If the Secretary determines

under this section th at certain unmanned aircraft systems may

### 17 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 seeking this exemption, AVCENTRAL GLOBAL, INC. submits that the DJI Phantom 2 and DJI Phantom 3 UASs can operate safely in the NAS pursuant to FMRA Section 333, as demonstrated by: (a) the characteristics of the DJI Phantom 2 and DJI Phantom 3 UASs; (b) the pilot certification requirement; and (c) the specific operating limitations.

a. The Specifications Of The DJI Phantom 2 and DJI Phantom 3 UASs

Demonstrate Its Safe Characteristics.

The DJI Phantom 2 and DJI Phantom 3 UASs do not create a hazard to users of the NAS or the public, or oth erwise pose a threat to national security considering its size, weight, speed, and operational capability.

i. Technical Specifications Of The DJI Phantom 2 and DJI Phantom 3 UASs.

The technical specifications of the DJI Phantom 2 and DJI Phantom 3 UASs are set forth by the DJI Phantom 2 and DJI Phantom 3 User Manuals, attached hereto as Appendix A and B.

ii. The DJI Phantom 2 and DJI Phantom 3 UASs Autonomous Flight And Navigation Modes Enable The UASs To Remain Within A Defined Operational Area.

The D JI Phantom 2 and DJI Phantom 3 UASs may be operated in both manual and fully autonomous flight modes. A complete description of the flight and navigational modes of the DJI Phantom 2 and DJI Phantom 3 UASs is provided at pages 25

- 35 of the DJI Phantom 2 an d pages 12

- 16 and 45

- 50 of the DJI Phantom 3 User Manuals, attached hereto as Appendix A and B.

iii. The DJI Phantom 2 and DJI Phantom 3 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 Link is lost, the DJI Phantom 2 and DJI Phantom 3 UAs will

### 18

remain stationary, in flight, for 3 seconds or more. If, after 3 seconds, the DJI Phantom 2 and DJI Phantom 3 UAs do not reacquire control link data from the GCS, the UAs will as sume that the Control Link is lost and the UAs will return to the home position (i.e., failsafe mode) via GPS, and will descend to the takeoff position and shutdown.
A complete description of the Failsafe Functions of the DJI Phantom 2 UAS are set

forth a t pages 27 through 29 and for the DJI Phantom 3 at pages 13 through 15 of
the DJI Phantom 2 and DJI Phantom 3 User Manuals, attached hereto as Appendix

A and B.

iv. The DJI Phantom 2 and DJI Phantom 3 GCS And Its Operation.

A complete description of th e operation and specifications of the DJI Phantom 2 and DJI Phantom 3 GCS and flight control software is provided at pages 32 through 43 of the DJI Phantom 2 User Manual and pages 40 through 47 of the DJI
Phantom 3 User Manual. DJI Phantom 2 and DJI Phanto m 3 User Manuals are attached hereto as Appendix A and B.

b. Flight Operations Of DJI Phantom 2 and DJI Phantom 3 UASs Are Limited To The Line Of Sight Of A Certificated Pilot in Command With A Safety

Observer.

GREGORY ALLEN will be the only person to act as a pilot in command (PIC) of the
DJI Phantom 2 and DJI Phantom 3 UASs. Additionally, a safety observer will assist
in flights.

c. Flights Of DJI Phantom 2 and DJI Phantom 3 UASs Will Be
Conducted Pursuant To Specific Operating Limitations.
In seeking this exemption, AVCENTRAL GLOBAL, INC. proposes to commercially operate DJI Phantom 2 and DJI Phantom 3 UASs for the special purpose of conducting aerial video and photography over certain areas of United States, pursuant to the following specific operat ing limitations:

1. Operations authorized by this grant of exemption will be limited to the following aircraft described in the operating documents, rotorcraft UASs weighing less than 55 pounds maximum gross weight: DJI
Phantom 2 and DJI Phantom 3 Unmanned A ircraft Systems. Proposed operations of any other aircraft will require a new petition or a petition to amend this grant.

### 19 2. UAS operations under this exemption will be limited to conducting
operations for the purpose of aerial video and photography.

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

4. The UA must be operated at an altitude of no more than 400 feet above ground level (AGL), as indicated by the procedures specified in the operating documents unl ess a special request is made and approved by ATC. All altitude s reported to ATC must be in feet AGL.

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

- issued airman medical certificate.

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

7. All operations must utilize a safety observer (SO). The SO ma y be
used to satisfy the VLOS requirement as long as the PIC always

maintains VLOS
capability. The SO and PIC must be able to communicate verbally at all times. Electronic messaging or texting is not permitted during flight operations. The PIC must be desi gnated 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.

### 20 9. The operating documents and the grant of exemption must be accessible during UAS operation s 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 t he grant of exemption take precedence and must be followed. Otherwise, the operator must follow the procedures as outlined in its operating documents. The operator may update or revise its operating documents. It is the operator’s responsibility to track s uch 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 an y update or revision would affect the basis upon which the FAA granted the exemption, then the operator must petition for amendment to its grant of exemption. The FAA’s UAS Integration Office (AFS

- 80) may be contacted if questions arise regarding updates o r 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 prohibite d 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 documen ted 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 component, must undergo a functional test flight. The PIC who

conducts t he functional test flight must make an entry in the aircraft
records.

### 21

12. T he pre

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

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

14. The operator must carry out its maintenance, inspections, and record keeping requirements, in ac cordance 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 t he authorized person returning the UAS to
service.

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

16. The authorized person must make an entry in the aircraft record of the
corrective action taken against discre pancies discovered between inspections.

17. The PIC must possess at least a private pilot certificate 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 maintaining appropriate distances from persons, vessels, vehicles an d 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

### 22

operations are considered nonparticipants, and the PIC must operate the UA with appropriate distance from nonp articipants 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 meteorological conditions (VMC). If flight at night is required, a special r equest will be made at the FAA office closest to proposed area of operations. Flights under special visual flight rules (SVFR) are not
authorized.

20. The UA may not operate within 5 nautical miles of an airport reference point
as denoted on a current FAA

- pu blished 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 mad e 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 statute miles from the PIC.

22. If the UA loses communications or loses i ts GPS signal, it must return to a

pre

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

23. The PIC must abort the flight in the event of unpredicted obstacles or
emergencies in accor dance 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 cruising speed to the intended landing point and land the UA with 25% batte ry 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 grant of exemption. This COA will also require the operator to request a Notice to Airman (NOTAM) not more than 72 hours in advance, but not less than 48 hours prior to the operation. All operations shall be conducted in accordance with airspace requirements in

### 23 the ATO issued COA including class of airspace, altitude level and potent ial transponder requirements.

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

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

27. Before conducting operations, the radio frequency spectrum used for operation and control of the UA must comply with the Federal Communications Commission (FCC) or other appropriate government oversigh t 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 not be operated by the PIC from any moving device or vehicle.

31. Flight operations must b e conducted at least 500 feet from all nonparticipating persons (persons other than the PIC, SO, operator trainees or essential persons),
vessels, vehicles, and structures unless:

a. Barriers or structures are present that sufficiently protect nonparticipat ing
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 th e UA, flight operations must cease immediately and/or;

### 24 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 opera tions shall be conducted over private or controlled

- access property with permission from the land owner/controller or authorized representative. Permission from land owner/controller or authorized representative will be obtained for each flight to be condu cted.

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 From The Requirements Of Section
61.113(a) And (b) Would Not Adversely Affect Safety.

AVCENTRAL GLOBAL, INC. submits that the equivalent level of safety established by Section 61.113(a) and (b) will be maintained because no PIC will be allowed to operate the DJI Phantom 2 and DJI Phantom 3 UASs unless that PIC has demonstrated, by meeting
minimum fl ight

- hour and currency requirements, that the PIC is able to safely operate the DJI Phantom 2 or DJI Phantom 3 UAS in a manner consistent with the exemption,including evasive and emergency maneuvers and maintaining appropriate distances from people,
vessel s, vehicles and structures. Considering AVCENTRAL GLOBAL, INC. ’s proposed area of operations, and the operating
limitations set forth

- above; the parallel nature of private pilot aeronautical knowledge requirements to those of commercial pilot requir ements (See Exemption No. 11062); and

### 25

the airmanship skills necessary to safely operate the DJI Phantom 2 or DJI Phantom 3 UAS, AVCENTRAL GLOBAL, INC. submits that the additional manned airmanship experience of a commercially certificated pilot would not correlate to the airmanship skills necessary for AVCENTRAL GLOBAL, INC. ’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 respe cts, 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).

AVCENTRAL GLOBAL, INC. will not allow any PIC to operate the D JI Phantom 2 or DJI Phantom 3 UAS unless that PIC has demonstrated, by meeting minimum flight

- hour requirements or the DJI Phantom 2 or DJI Phantom 3 UAS training and currency requirements, that the PIC is able to safely operate the DJI Phantom 2 or DJI Ph antom 3 UAS in a manner consistent with this exemption, including 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 cons istent 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 req uirements, the PIC must accomplish 3 takeoffs and landings in the preceding 90 days (for currency purposes).
As in Exemption Nos. 11062, 11138, and 11153, prior documented flight experience that was obtained in compliance with applicable regulations will ensure an equivalent level of safety during AVCENTRAL GLOBAL, INC. ’s proposed operations. The Administrator has held that prior documented flight experience that was obtained in compliance with applicable regulations would ensure safe operations, sta ting 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 hour s of total time as a UAS rotorcraft pilot including at least 10 hours logged as a UAS pilot
with a multi

- rotor UAS. Prior to operations under Exemption No. 11062, the PIC must also have accumulated and logged a minimum of 5 hours as a UAS pilot operating

t he same make and model of UAS to be used for operations under the exemption. For clarification, the FAA considers these minimum hour requirements to be inclusive rather than additive; i.e. 5 hours make and model time may be

### 26

included in the 10 hours of mul ti

- rotor time and the 10 hours may be included in the total 25 hours of UAS rotorcraft time. In addition to the hour requirements, the PIC must accomplish 3 takeoffs and landings in the preceding 90 days (for currency purposes). The FAA finds that at a min imum, the flight

- hour requirements in Exemption No. 11062 are appropriate to practice and build proficiency in the skills necessary to safely conduct the petitioner’s proposed operations. The FAA also finds that prior documented flight experience that was obtained in compliance with applicable regulations would satisfy this requirement. Training, proficiency, and experience

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

building flights the PIC is required to operate the UA with appropriate distances in
accordance with 14 C.F.R 91.119.

Exemption No. 11138 at page 15.

Accordingly, AVCENTRAL GLOBAL, INC. will ensure safe operations by not allowin g any PIC to operate the DJI Phantom 2 or DJI Phantom 3 UAS unless that PIC has demonstrated, by meeting minimum flight

- hour and currency requirements, that the PIC is able to safely operate the DJI Phantom 2 or DJI Phantom 3 UAS in a manner consistent wit h the exemption, including evasive and emergency maneuvers and maintaining appropriate distances from people, vessels, vehicles and structures.

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

The equivalent level of safety established by Section 91.7(a) will be maintained because prior to every flight, AVCENTRAL GLOBAL, INC. will ensure that the DJI Phantom 2 or DJI Phantom 3 UAS is in an airworthy condition based upon the UAS’s compliance wi th its operating documents and as stated in the conditions and limitations herein.
Additionally, the FAA has previously granted relief from Section 91.7(a) specific to UAS, in circumstances similar, in all material respects, to those presented herein (e.g . Exemption Nos. 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110, 11112, 11136, 11138, 11150, 11153, 11156, 11157, 11158, 11159, 11160, 11161).

4. Reasons Why An Exemption From The Requirements Of Section 91.121
Would Not Adversely Affect Sa fety.

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

### 27

altitude information of the DJI Phantom 2 and DJI Phantom 3 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 AVCENTRAL GLOBAL, INC. ’s operation of the DJI Phantom 2
and DJI Phantom 3 UAs 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, 111 09, 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 saf ety established by 14 C.F.R. Section 91.151(b) as a result of (1) the technical specifications of the DJI Phantom 2 and DJI Phantom 3 UASs; (2) the limitations on the proposed flight operations; and (3) the location of the proposed flight operations. Accor dingly, AVCENTRAL GLOBAL, INC. will ensure that it will safely operate the battery powered DJI Phantom 2 and DJI Phantom 3 UAs during daylight hours in VFR conditions, with enough battery power t o fly for a total
duration of 14. 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 and DJI Phantom 3 UASs; the limitations on the proposed flight o perations; 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 and DJI Phantom 3 UASs provide audible and visual warning s to the PIC at the GCS when the UAs experiences low battery voltage, the first warning occurring at approximately 33% remaining battery power, and again at approximately 10% remaining battery power. At the critically low battery level, the DJI Phantom Vis ion+ and DJI Phantom 3 UASs 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 and operating limitations o f 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.

### 28

Moreover, the FAA has previously granted relief from Section 91.151 spe cific 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, 1115 9, 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, AVCENTRAL GLOBAL, INC. submits that the equivalent level of safety with regard to the regulatory maintenance and alteration requirements established by Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b)
will be met because AVCENTRAL GLOBAL, INC. will use train ed 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 AVCENTRAL GLOBAL, INC. Aerial Operations Manual, Monthly Maintenan ce Log, and DJI Phantom 2 and DJI Phantom 3 Instruction Manual). Furthermore, AVCENTRAL GLOBAL, INC. will
document and maintain all maintenance records for the DJI Phantom 2 and DJI Phantom 3
UASs.

Since the DJI Phantom 2 and DJI Phantom 3 UASs will be inspected as prescribed by the operating documents, AVCENTRAL GLOBAL, INC. will maintain the equivalent level of safety established by Sections 91.405(a), 91.409(a)(1), and 91.409(a)(2). A copy of the DJI
Phantom 2 and DJI Phantom 3 User Manuals are attached hereto as Appendix A and B; a copy of the DJI Phantom 2 and DJI Phantom 3 UAS Maintenance LOG is attached hereto as Appendix C.
Likewise, the exemption sought will not adversely affect safety because AVCENTRAL GLOBAL, INC. will use trai ned technicians to perform maintenance, alterations or preventive maintenance on the UAS using the methods, techniques, and practices prescribed by the operating documents.
Furthermore, the exemption sought would maintain an equivalent level of safety est ablished by Sections 91.407, 91.417(a) and 91.417(b), because all maintenance of the DJI Phantom 2 and DJI Phantom 3 UASs will be performed by trained technicians. Maintenance will be documented and maintained utilizing the monthly maintenance log.
Signif icantly, previous exemptions granted by the FAA concerning Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b) establish that safety is not adversely affected when the technical characteristics and operating limitations of the UAS are considered.

In consideration of AVCENTRAL GLOBAL, INC. ’s proposed operating limitations, the operating

### 29

documents, and the technical aspects of the DJI Phantom 2 and DJI Phantom 3 UASs, AVCENTRAL GLOBAL, INC. submits that safety will not be adversely affected by granting exemption from 14 C.F.R. Sections 91.405(a), 91.407(a)(1) and (a)(2), 91.409(a)(2), and 91.417(a) and (b). The FAA has previously granted relief specific to UAS in circumstances
similar, in all material respects, to those pr esented 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 accorda nce with Section 333 of the FAA Modernization and Reform Act of 2012 (FMRA) and 14 C.F.R. § 21.16 entitled Special Conditions, AVCENTRAL GLOBAL, INC. requests that the FAA prescribe special conditions for the intended operation of the DJI Phantom 2

a nd DJI Phantom 3 UASs, 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), 9 1.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b). Such special conditions will permit safe operation of the UAs for the limited purpose of conducting aerial video and photography over certain areas of the United States for compensation or hire. FMRA Section 333 sets forth the requirements for considering whether a UAS will create a hazard to users of the NAS or the public, or otherwise pose a threat to national security; and further, provides the authority for such UAS to operate without a irworthiness certification in accordance with any requirements that must be established for the safe operation of the UAS in the NAS.

Likewise, the Administrator may prescribe special conditions pursuant to 14 C.F.R. § 21.16, for operation of the DJI Phantom 2 and DJI Phantom 3 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 safety standards for an aircraft, aircraft engine, or propeller
because of a novel or unus ual design feature of the aircraft, aircraft engine or propeller, he prescribes special conditions and amendments thereto for the product. The special conditions are issued in accordance with Part 11 of this chapter and contain such safety standards for th e 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 ma y

### 30

prescribe special conditions for Leading Edge’s intended operation of the DJI Phantom 2 and DJI Phantom 3 UASs, which contain such safety standards that the Administrator finds necessary to establish a level of safety equivalent to that established by 14 C.F.R. Part 21, Subpart H, and 14 C.F.R Sections 61.113(a) & (b), 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 Av Central Global, Inc. Seeks Exemption:

AVCENTRAL GLOBAL, INC. 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 AVCENTRAL
GLOBAL, INC. Seeks:

This exemption will permit AVCENTRAL GLOBAL, INC. to commercially operate an Unmanned Aircraft System (UAS) for the purpose of conducting aerial video and photography ov

er certain areas of the United States.

• Any Additional Information, Views, Or Arguments Available To Support
AVCENTRAL GLOBAL, INC. ’s Request.

This Petition is made pursuant to the FAA Modernization and Reform Act of 2012

(FMRA) Section 333, whi ch directs the Secretary of Transportation to determine if certain UAS may operate safely in the NAS. As such, AVCENTRAL GLOBAL, INC. ’s request for exemption may be granted pursuant to the authority of FMRA Section 333 and 14 C.F.R. Part 11, as set f orth 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 such UAS to operate wit hout airworthiness certification.

As discussed in detail above, AV CENTRAL GLOBAL, INC. will operate the DJI Phantom 2 and DJI Phantom 3 UASs safely in the NAS, without creating a hazard to users of the NAS,

### 31

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

CONCLUSION

As set forth herein, AVCENTRAL GLOBAL, INC. 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 DJI Phanto m 2 and DJI Phantom 3 UASs commercially, without an airworthiness certificate, for the limited purpose of conducting aerial video and photography over certain areas of the United States. By granting this Petition, the FAA Administrator will be fulfilling t he Congressional mandate of the FAA Modernization and Reform Act of 2012, while also advancing the interests of the public, by allowing AVCENTRAL GLOBAL, INC. to safely, efficiently, and economically operate the DJI
Phantom 2 and DJI Phantom 3 UASs c ommercially within the NAS.

WHEREFORE , in accordance with the Federal Aviation Regulations and the FAA Modernization and Reform Act of 2012, Section 333, AVCENTRAL GLOBAL, INC. respectfully requests that the Administrator grant this Petition for an exemption from the requirements of 14 C.F.R Sections 61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b), and permit Leading Edge to operate the DJI Phantom 2 and DJI Phantom 3 UASs commercially for the purpose of conducting aerial video and photography over certain areas of the United States.

Respectfully submitted on December 17

, 2015

AvCentral Global, Inc. Attn. Gregory Allen 651 Camelot Drive Burr Ridge, IL 60527

312

- 771

- 0111

corpfltops@hotma il.com

### 32

Appendices :

A

– DJI Phantom 2 Manual:

B

– DJI Phantom 3 Specifications Data Sheet

C

– Monthly Maintenance Log

D

- DJI Phantom Users Guide

APPENDIX

– A

DJI PHANTOM 2 VISION+ TECHNICAL SPECIFICATIONS

AVCENTRAL GLOBAL, INC. only utilizes safe and reliable UASs. DJI is an industry leader in small UAS production. DJI UASs are loaded with ground breaking software enabling the user to set parameters which will not allow flight into controlled airspace. Parame ters 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 PIC via the linked

mo nitor (smart phone/tablet devices)

1.1 DJI Phantom 2 Vision+

1.1.1 Aircraft

1.1.1.1 Supported Battery

– DJI 5200mAH LiPo Battery

1.1.1.2 Weight (Battery & Propellers Included)

– 2lbs 11.810oz (1242g)

1.1.1.3 Hover Accuracy (Ready to Fly)

– Vertical: .8m; Horizontal: 2.5m
1.1.1.4 Max Yaw A ngular Velocity

- 200 0 /s 1.1.1.5 Max Tilt Angel

- 35 0 1.1.1.6 Max Ascent Speed

– 6m/s

1.1.1.7 Max Descent Speed

– 2m/s

1.1.1.8 Max Flight Speed

– 15m/s (NOT RECOMMENDED)

1.1.2 Gimbal

1.1.2.1 Working Current

– Static: 750mA; Dynamic: 900mA
1.1.2.2 Control Accuracy

- ±0.03 0 1.1.2.3 Controllable Range

– Pitch:

- 90 0

- 0 0

### 33

1.1.2.4 Maximum Angular Speed

– Pitch: 90 0 /s

1.1.3 Camera
1.1.3.1 Operating Temperature Range

- 32 0 F

- 104 0 F (0 0 C

- 40 0 C) 1.1.3.2 Sensor Size

– 1/2.3”

1.1.3.3 Effective Pixels

– 14M

1.1.3.4 Resolution

– 4384x3288

4.1.3.5 HD Video Recording

– 1080p30 & 720p
4.1.3.6 Recording Field of View

- 110 0 /85 0

1.1.4 Transmitter

1.1.4.1 Operating Frequency

– 5.728GHz

– 5.85GHz

1.1.4.2 Communication Distance (unobstructed)

– FCC Compliance: 800m

1.1.4.3 Receiver Sensitivity (1%PER)

- - 93dBm

1.1.4.4 Transmitter Power

– FCC Compliance: 100mW

1.1.4.5 Working Voltage

– 120mA@3.7V

1.1.5 Range Extender

1.1.5.1 Operating Frequency

– 2412

- 2462MHz

1.1.5.2 Communication Distance (unobstructed)

– 500

- 700m

1.1.5.3 Transmitter Power

– 20dBm

1.1.5.4 Power Consumption

– 2W

APPENDIX

– B
DJI Phantom 3 TECHNICAL SPECIFICATIONS

AVCENTRAL GLOBAL, INC. only utilizes safe and reliable UASs. DJI i s an industry leader in small UAS production. DJI UASs 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 predete rmined 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 PIC via the linked monitor (smart phone/tablet devices)

2.2 DJI Inspire 1

2.2.1 Aircraft

### 34 2.2.1.1 Model

– Phantom 3

2.2.1.2 Weight (Battery Included)

– 1280 grams

2.2.1.3 Hovering Accuracy (GPS Mode)

– Vertical: +/

- 10cm; Horizontal:
+/

- 1m 2.2.1.4 Max Angular Velocity

– Yaw: 200 0 /s 2.2.1.5 Max Tilt Angle

- 35 0 2.2.1.6 Max Ascent Speed

– 5m/s

2.2.1.7 Max Descent Speed

– 3m/s

2.2.1.8 Max Speed

– 16m/s ( ATTI mode, no wind

– NOT RECOMMENDED)

2.2.1.9 Max Flight Altitude

– 6000m

2.2.1.10 Max Flight Time

– Approximately 23 minutes

2.2.1.12 Motor Model

– DJI 3510

2.2.1.13 Propeller Model

– DJI 1345
2.2.1.14 Operating Temperature Range

– 14 0 F to 104 0 F (

- 10 0 C to 40 0 C) 2.2.1.15 Dimensions

– 17 1⁄4” x 17 3⁄4” x 12 ”

2.2.2 Gimbal

2.2.2.1 Model

– ZENMUSE X3

2.2.2.2 Output Power (with camera)

– Static: 9W; In Motion: 11W

2.2.2.3 Operating Current

– Static: 750mA; In Motion: 900mA
2.2.2.4 Angular Vibration Range

- ±0.03 0 2.2.2.5 Mounting

– Detachable
2.2.2.6 Controllable Range

– Pitch:

- 90 0 to +30 0 ; Pan: ±320 0 2.2.2.7 Mech anical Range

– Pitch:

- 125 0 to 45 0 ; Pan: ±330 0 2.2.2.8 Max Controllable Speed

– Pitch: 120 0 /s; Pan: 180 0 /s

2.2.3 Camera

2.2.3.1 Name

– Sony EXMOR

2.2.3.2 Model

– 12.4M Pixel

2.2.3.3 Total Pixels

– 12.4M

2.2.3.4 Effective Pixels

– 12.76M

2.2.3.5 Image Max Size

– 4000x3000

2.2.3.6 ISO Range

– 100

- 3200
2.2.3.7 Field of View

- 94 0 2.2.3.8 CMOS

– Sony EXMOR 1/2.3”

2.2.3.9 HD Video Recording

– UHD(4K): 4096x2160p24/25,

### 35 3840x2160p24/25/30; FHD: 1920x1080p24/25/30/48/50/60; HD: 1280x720p24/25/30/48/50/60 2.2.3.10 Operating Temperature Range

- 32 0 F

- 104 0 F (0 0 C

- 40 0 C)

2.2.4 Transmitter

2.2.4.1 Name

– C1

2.2.4.2 Opera ting Frequency

– 5.728

- 5.850GHz; 2.400

- 2.483GHz

2.2.4.3 Communicating Distance (unobstructed)

– 2000m

2.2.4.4 Output Power

– 9W
2.2.4.5 Operating Temperature Range

- 14 0 F to 104 0 F (

- 10 0 C to 40 0 C) 2.2.4.6 Battery

– 600mAh L iPo 2S

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