## UNITED STATES OF AMERICA DEPARTMENT OF

TRANSPORTATION FEDERAL AVIATION ADMINISTRATION WASHINGTON, DC Regulatory Docket No. _______________ **IN THE MATTER OF THE PETITION FOR EXEMPTION OF:**  **New Legacy Productions 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 VISION+ UNMANNED AIRCRAFT SYSTEMS**  **PURSUANT TO SECTION 333 OFTHE FAA MODERNIZATION AND REFORM ACT OF 2012 (PUBLIC**  **LAW 112**
**- 95)** 

Submitted on April 27, 2015 Colton M. Brandt New Legacy Productions 39988 Parador Street Temecula, Ca 92592 Tel: (951) 591

- 1133 Em ail: Coltonbrandt90@gmail.com**TABLE OF CONTENTS** Page

GLOSSARY OF ABBREVIATIONS..............................................................

........... .....................3
SUMMARY...........................................

............................... ........... .................................................4
INTRODUCTION AND INTERESTS OF PETITIONER.................................................

.......... ...4
BACKGROUND.......................................................................................................

.......... .............4
BASIS FOR PET IT ION................................................................................................

.......... .........5
NAME AND ADDRESS OF PETITIONER.........................................................

.... . ..... ...7
THE SPECIFIC SECT IONS OF 14 C.F.R. FROM WHICH NEW LEGACY PRODUCTIONS SEEKS EXEMPTION.................................................

...... ....................................... ..........8
THE EXTENT OF RELIEF NEW LEGACY PRODUCTIONS SEEKS AND THE REASON NEW LEGACY PRODUCTIONS SEEKS THE RELIEF............

................................ .............11
THE REASONS WHY GRANTING NEW LEGACY PRODUCTIONS ’S REQUEST WOULD BE IN THE PUBLIC INTEREST ............

........... .............................................15
THE REASONS WHY GRANTING THE EXEMPTION WOULD NOT ADVERSELY AFFECT SAFETY.....................

.................................. ... ..................................................19
SUMMARY THAT CAN BE PUBLISHED IN THE FEDERAL REGISTER

......... ....34
ANY ADDIT IO NAL INFORMATION, VIEWS, OR ARGUMENTS AVAILABLE TO SUPPORT NEW LEGACY PRODUCT IONS ’S REQUEST...

.................................. ......... ......34
CONCLUSION..........................................................................

.......... ..........................................35
APPENDICES..............................

....................................... ................... .......................................37

## 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 S ys tem LOL Loss of L ink NAS National Airspace Sy stem NOTAM Notice to Airman
PI C Pilot In Command Section 333 FAA Moderni zation 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 SiteVMC Visual Meteorological Conditions

VTOL Vertical Takeoff and Landing **SUMMARY** Colton M. Brandt 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 Sy stem pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (FMRA). This exemption will permit New Legacy Productions to operate an Unmanned Aircraft S ys tem (UAS) for the commercial purpose of conducting aerial video and photography of con struction sites, real estate, special events, film sets, and landscape over certain areas of the United States. **INTRODUCTION AND INTERESTS OF THE PETITIONER** New Legacy

Productions provides its clients with the highest qualit y digital content for use in the ir commercial, personal, and non

- profit multimedia projects. New Legacy Productions has established itself as a technological innovator in experiential multimedia and is recognized as a leader in providing a quality product. New Legacy Productions has over 3 years recreational/hobby experience in all aspects of aerial video and photography

. The objective of New Legacy Productions aerial video and photography operations is to provide high quality

imaging for a variety

of commercial, public, and residential u ses, specificall y targeting: Aerial event photograph y Aerial event filming Film production Aerial location scouting and safety inspection

In crease public knowledge of UAS and promote safe UAS operations.
**BACKGROUND**
Unmanned Aircraft Sy stems: DJI Phantom 2 Vision UAS New Legacy

Productions seeks and exemption to operate DJ I s ys tems for compensation or hire within the NAS. The DJ I Phantom 2 Vision+ is a vertical takeoff and landing (VTOL) Unmanned Aircraft (UA) with a Ground Control Station (GCS) utilizing electronic tablet or smart phone sy stems. The DJ I Phantom 2 Vision+ 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 approximately 29 knots.The DJ I Phantom 2 Vision+ UA is equipped with four main rotors; driven by L ithium Poly mer battery

powered electric motors.

The DJ I Phantom 2 Vision+ UA that will be operated by New Legacy Productions 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, N ew Legacy

Productions , pursuant to the provisions of the Federal Aviation Regulations (14 C.F.R. § 11.61) and the FAA Modernization and Reform Act of 2012 (FMRA), Section 333, Special Rules for Certain Unmanned Aircraft Systems , hereb y petitions the Admini strator to commerciall y operate the DJ I Phantom 2 Vision UAS in the National Airspace S ystem (NAS), and for an exemption from the requirements of 14 C.F.R §§ 61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 9 1.417(a) & (b). In consideration of the speed, weight, size, and limited operating area associated with the unmanned aircraft and its operation, New Legacy Productions operation of DJI Phantom 2 Vision+ UAS meets the conditions of FMRA Section 333 and ther efore, will not require an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H. Accordingl y, New Legacy Productions 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 s et forth requirements for maintenance that onl y appl y to aircraft with an airworthiness certificate. New Legacy

Productions submits that the requested relief is proper since an equivalent level of safety

will be ensured. New Legacy Productions will use exp erienced personnel or technicians to perform maintenance, alterations, or preventive maintenance on the UASs using the methods, techniques, and practices prescribed in the operating documents (i.e., Monthly

Maintenance Log, and DJ I Phantom 2 Vision+ Instru ction Manual). Furthermore, New Legacy Productions will document and maintain all maintenance records for the DJ I Phantom 2 Vision+ 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 Legacy Productions to the extent necessary

to allow a Pilot in Command (PI C) holding a private pilot or higher level certificate, as well as an airman medical certificate, and who has demonstrated, b y meeting minimum flight

- hour and currency requirements, that the PI C is able to safel y operate the DJ I Phantom 2 Vision+ UAS in a manner consistent with this exemption, including evasive and emergency maneuvers and maintaining appropriate distances from people, vessels, vehicle s and structures. New Legacy

Productions seeks relief from Section 91.7(a), entitled Civil aircraft airworthiness , because the DJ I Phantom 2 Vision+ UAS do not require an airworthinesscertificate in accordance with 14 C.F.R. Part 21, Subpart H. As such, N ew Legacy

Productions submits that it will ensure that the DJ I Phantom 2 Vision+ UAS are in an airworth y condition, prior to every flight, b y determining that the UASs are in compliance with the operating documents (i.e., Monthly Maintenance Log, and DJ I P hantom 2 Vision+ Instruction Manual), and that the aircraft are in a condition for safe flight. New Legacy

Productions also seeks an exemption from the requirements of Section 91.121, entitled Altimeter Settings , as the DJ I Phantom 2 Vision+ UA will not have a ty pical barometric altimeter onboard. However, altitude information of the DJI Phantom 2 Vision+ UA will be provided to the PI C via Global Positioning Sy stem (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 New Legacy

Productions operation of the DJ I Phantom 2 Vision+ UAS within vis ual line of sight, at or below 2 00 feet AGL, will ensure a level of safet y equivalent to Section 91.121. Additionally , New Legacy Productions seeks an exemption from the requirements of Section 91.151(b), entitled Fuel requirements for flight in VFR conditions

. New Legacy Productions submits that sa fet y will not be affected by operation of the DJ I Phantom 2 Vision+ UA during daylight hours in visual meteorological conditions (VMC) under visual flight rules (VFR), with enough battery power to fl y for a total duration of approximately

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. In accordance with 14 C.F.R. § 11.81, New Legacy Productions provides the following information in support of its petition for exemption: **A. N**  **am e And Address Of The Petitioner.**  The name and address of the Petitioner and point of contact is: Colton Brandt New Legacy

Productions 33998 Parador Street Temecula, California 92592 Tel: (951)591

- 1133 Email: coltonbrandt90@gmail.com

**B. The Specific Sections Of 14 C.F.R. From Which New Legacy Productions**  **Seeks Exemption.** **1. New Legacy Productions**  **Seeks Exemption From The Requirements Of Section**

**61.113(a) And (b).** S ection 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 th at is carrying passengers 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 propert y for compensation or hire. **2. New Legacy Productions**  **Seeks Exemption From The Requirements Of Section 91.7(a).**  Section 91.7, entitled Civil aircraft airworthiness , subsection (a), states the following: (a) No person may

operate a civil aircraft unless it is in an airworthy condition. **3. New Legacy Productions Exemption From The Requirements Of Section 91.121.** Secti on 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; (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. Ne**  **w Legacy Productions 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 Legacy Productions**  **Exemption From The Requir ement 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 require d inspections, except as provided in paragraph (c) of this section, have discrepancies repaired as prescribed in part 43 of this chapter[.] **6. New Legacy Productions**  **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 appro ved for return to service b y a person authorized under § 43.7 of this chapter[.]
**7. New Legacy Productions**  **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 fol lowing: (a) Except as provided in paragraph (c) of this section, no person may operate an aircraft unless, within the preceding 12 calendar months, it has had

-- (1) An annual inspection in accordance with part 43 of this chapter and has been approved for return to service by a person authorized by

§ 43.7 of this chapter; or (2) An inspection for the issuance of an airworthiness certificate in accordance with part 21 of this chapter.
**8. New Legacy Productions**  **Exemption From The Requirements Of Sections 91.417(a) And 91.417(b).**  Section 91.417, entitled Maintenance records , subsections (a) and (b), state thefollowing:

(a) Except for work performed in accordance with §§ 91.411 and 91.413, each registered owner o r 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 perform ed; 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 ai rframe, each engine, each propeller, and each rotor. (ii) The current status of life

- limited parts of each airframe, engine, propeller, rotor, and appliance. (iii) The time since last overhaul of all items installed on the aircraft which are required to be overhauled on a specified time basis. (iv) The current inspection status of the aircraft, including the time since the last inspection required by the inspection program under which the aircraft and its appliances are maintained. (v) The current status of applicable airworthiness directives (AD) and safet y directives including, for each, the method of compliance, the AD or safet y directive number and revision date. If the AD or safety directive involves recurring action, the time and date when the next act ion is required. (vi) Copies of the forms prescribed b y § 43.9(d) of this chapter for each major alteration to the airframe and currentl y installed engines, rotors, propellers, and appliances. (b) The owner or operator shall retain the following records fo r the periods prescribed: (1) The records specified in paragraph (a)(1) of this section shall be retained until the work is repeated or superseded b y other work or for 1 ye ar after the work isperformed. (2) The records specified in paragraph (a)(2) of thi s 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 aircraf t is approved for return to service. **C. The Extent Of Relief New Legacy Productions Seeks The Relief. 1. Extent Of Relief**  **New Legacy Productions Seeks Relief From Section 61.113(a) And (b).**  Relief from Section 61.113(a) and (b) entitled Private pilot privileges and limitations: Pilot in command, is requested to the extent necessary to allow a PI C 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 curren cy 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 aircra ft 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. As set forth more full y below, New Legacy Production s submits that an equivalent level of safet y will be maintained because no PIC will be allowed to operate the DJI Phantom 2 Vision+ UAS UA unless that PI C has met certain flight

- hour and currency requirements, demonstrating that the PIC is able to safel y o perate either the DJ I Phantom 2 Vision+ 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, New Legacy

Productions submits that all flights of the DJ I Phantom 2 Vision+ UAS, conducted b y the PIC pursuant to the grant of this Petition: (1) will be incidental to New Legacy

Productions business; and (2) will not carry passenger s or property

for compensation or hire. **2. Extent Of Relief New Legacy Productions Seeks**  **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 New Legacy Productions to determine that the DJ I Phantom 2 Vision+ UAS are in airworth y condition prior to every flight by ensuring that the UAS is in compliance with the operating documents (i.e., the New Legacy Productions Aerial Operations Manual, Monthly Maintenance Log, and DJIPhantom 2 Vision+ Instruction Manual).New Legacy Productions seeks the requested relief because the DJ I Phantom 2 Vision+ UAS do not require an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H. Therefore, New Lega cy Prouctions will ensure that the DJ I Phantom 2 Vision+ UAS are in airworthy condition based upon its compliance with the operating documents (i.e., Monthly Maintenance Lo g, and DJIPhantom 2 Vision+ 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 Legacy Productions**  **Seeks And The Reason New Legacy**  **Productions Seeks Relief From Section 91.121.**  Relief from Section 9 1.121, entitled Altimeter settings, may be required to allow flight operations of the DJ I Phantom 2 Vision+ UAS, which utilize a barometric pressure sensor, GPS equipment, and a radio communications telemetry data link to downlink altitude information from the UA to the PI C 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), New Legacy Productions seeks the requested rel ief because the DJ I Phantom 2 Vision+ 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 safet y will be maintained since the DJ I Phantom 2 Vision+ UAs are equipped with a barome tric 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 Rel ief**  **New Legacy Productions Seeks Relief From Section 91.151(b).**  Relief from Section 91.151(b) entitled Fuel requirements for flight in VFR conditions, is requested to the extent required to allow flights of the battery powered DJ I Phantom 2 Vision+ UAs during daylight hours in visual meteorological conditions (VMC), under visual flight rules (VFR), for a total duration of 13.5 minutes to the first point of intended landing and, assuming normal cruising speed, to fly after that for at least 4.5 minutes. New Legacy

Productions seeks the requested relief because without an exemption from Section 91.151(b), the flight time duration of the battery powered DJ I Phantom 2 Vision+ UA will severel y constrain the practicality of an y aerial video or still photo flight o perations that New Legacy Productions proposes to conduct pursuant to this Petition. Significantl y, as set forth below, the technical specifications of the DJ I Phantom 2 Vision+ UAS, the DJ I Phantom 2 Vision+ operating documents, and New Legacy Productions proposed operating limitations, ensure that New Legacy Productions will safel y operate the battery powered DJ I Phantom 2 Vision+ UAs during daylight hours in visual meteorological conditions (VMC), under visual flight rules (VFR), with enough battery power to fly

for a total duration of 13.5 minutes to the first point of intendedlanding and, assuming normal cruising speed, to fly after that for at least 4.5 minutes.

**5. Extent Of Relief New Legacy Productions**  **Seeks And The Reason New Legacy**  **Productions Seeks Relief From Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) &**  **(a)(2), And 91.417(a) & (b).** Since Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b) onl y apply to aircraft with an airworthiness certificate, New Legacy Product ions requests relief from these Sections because the DJ I Phantom 2 Vision+ UAS does not require airworthiness certificates. As set forth more full y below, the DJ I Phantom 2 Vision+ UAS meets the conditions of FMRA Section 333 for operation without an airwo rthiness certificate. Accordingl y, New Legacy Productions will use trained technicians to perform maintenance, alterations, or preventive maintenance on the UASs using the methods, techniques, and practices prescribed in the UAS operating documents (i.e., the New Legacy Productions Aerial Operations Manual, Monthly Maintenance Log, and DJ I Phantom 2 Vision+ In struction Manual). Furthermore, New Legacy Productions will document and maintain all maintenance records for the DJ I Phantom 2 Vision+ UAS.
**D. The Re asons Why Granting**  **New Legacy Productions 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 b y allowing New Legacy Productions to safely , efficiently , and economically perform aerial video and photograph y of special events, film sets, and landscape over certain areas of the United States. Additionally , use of the DJIPhantom 2 Vision+ UAS will decrease congestion of the NAS, reduce pollution, and provi de significant benefits to the econom y. Notably, the benefits of New Legacy

Productions proposed operation of the DJ I Phantom 2 Vision+ UAS will be realized without implicating an y privacy issues. **1. The Public Will Benefit From Decreased Congestion Of The NAS.**  The DJ I Phantom 2 Vision+ UA 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 exemption allowing the use of a DJI Phantom 2 Vision+ UAS would reduce the amount of manned aircraft in the NAS, reduce noise and air pollution, as well as increase the safet y of life and propert y 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 DJIPhantom 2 Vision+ UA do not require an airport to takeoff or land. L ikewise, a reduction of manned a ircraft conducting aerial video and photograph y missions would result in fewer aircraft that must be handled b y air traffic control during the ground, takeoff, departure, arrival, and landing phases of flight operations.**2. The Public Will Benefit From T he Safety And Efficiency Of The DJI**  **Phantom 2 Vision+ UAS.** Conducting aerial acquisitions with the DJIPhantom 2 Vision+ UAS, instead of manned aircraft, will greatl y benefit the public by drastically

reducing the levels of air and noise pollution generate d during traditional aerial video and still photograph y flight operations. By using battery

power and electric motors, the DJIPhantom 2 Vision+ UAS produce no air pollution, and is the most viable environmentally conscious alternative to the cabin class, six cylinder internal combustion engine aircraft that are ty pically utilized for aerial video and photograph y, while burning approximately 20

- 30 gallons per hour of leaded aviation fuel. The DJ I Phantom 2 Vision+ UA, while reducing the carbon footprint of aerial acquisitions, also eliminates noise pollution, as the UAs are propelled by battery powered electric motors, rather than an internal combustion engine. By using the DJ I Phantom 2 Vision+ UAS to perform aerial acquisitions, the substantial risk to lif e and propert y i n the air and on the ground, which is usually associated with traditional manned aircraft flight operations, will be substantially reduced or completel y eliminated. Aside from the lack of flight crew members located onboard the aircraft, th e DJIPhantom 2 Vision+ UA (weighing approximately 2 pounds 11 ounces and 6 pounds 7.5 ounces respectivel y, at their maximum gross weights with lengths of 16 inches and 17.3 inches respectivel y, widths of 16 inches and 17.7 inches respectivel y, and with no fuel on board), has less phy sical potential for collateral damage to life and property on the ground, and in the air, compared to the manned aircraft that typicall y conduct similar operations (weighing approximately 6,000 pounds with a wingspan of approxi mately 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 Vision+ UAS Will Benefit The Economy.**  In addition to being safe and efficient, the DJ I Phantom 2 Vision+ is also an economical alternative to using manned aircraft to conduct similar aerial operations. As such, operation of the DJ I Phantom 2 Vision+ UAS will allow United States based companies, like New Legacy

Productions , to remain competitive and contribute to growth of the U.S. econom y. Specifically, 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 techn ology in order to remain competitive. Operating the battery powered DJIPhantom 2 Vision+ UAS is one such technology

that not only

allows companies greater operational flexibility compared to m anned aircraft, but provides such flexibility without the high operational cost of a traditional manned aircraft. By operating the DJ I Phantom 2 Vision+ UAS, companies such as New Legacy Productions , can remain competitive and profitable, and therefore, provide greater job stability to employees and contractors, which will ultimately contribute to growth of the U.S. economy . Improved financial performance of U.S. companies, through commercialuse of the DJ I Phantom 2 Vision+ UAS, provides a stable workforce that increases

consumer spending; improves local, state, and f ederal tax revenues; and allows companies to invest in research and development in order to remain competitive both in the United States and abroad. **4. There Are No Privacy Issues.** Similar to the manned aerial acquisition flight operations that have been c onducted for decades, New Legacy

Productions proposed operation of the DJ I Phantom 2 Vision+ UAS will not implicate any privacy issues. Specifically , the DJIPhantom 2 Vision+ UAS will be operated onl y in compliance with operating documents (i.e., the New Legac y Productions Operations Manual, Monthly Maintenance Log, and DJ I Phantom 2 Vision+ Instruction Manual) which requires property owner involvement as well as local law enforcement notification, and in accordance with the Federal Aviation Regulations, i ncluding 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**  **Provided By The Rule From Which New L**  **egacy Productions Seeks Exemption.**  **1. Reasons Why The DJI Phantom 2 Vision+ UA 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 t he unmanned aircraft and its operation, New Legacy Productions operation of the DJ I Phantom 2 Vision+ UAS 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 33 3 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. Specificall y, 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 unmanne d aircraft systems may operate safely in the national airspace system before completion of the plan and rulemaking required by section 332 of this Act or the guidance required by section 334 of this Act. (b ) Assessment of Unmanned Aircraft Systems.

--In mak ing 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 sys tem or the public or pose athreat to national security; and (2 ) whether a certificate of waiver, certificate of authorization, or airworthiness certification under section 44704 of title 49, United States Code, is required for the operation of unmanned ai rcraft systems identified under paragraph (1). (c) Requirements for Safe Operation.

--If the Secretary determines under this section that certain unmanned aircraft systems may operate safely in the national airspace system, the Secretary shall establish req uirements for the safe operation of such aircraft systems in the national airspace system. In seeking this exemption, New Legacy Productions submits that the DJ I Phantom 2 Vision+ UAS can operate safel y in the NAS pursuant to FMRA Section 333, as demonstrated b y: (a) the characteristics of the DJ I Phantom 2 Vision+ UAS; (b) the pilot certification requirement; and (c) the specific operating limitations. **a. The Specifications Of The DJI Phantom 2 Vision+ UAS Demonstrate Its Safe Characteristics.**  The DJ I Phantom 2 Vision+ UAS does not create a hazard to users of the NAS or the public, or otherwise pose a threat to national security considering its size, weight, speed, and operational capability

. **i. Technical Specifications Of The DJI Phantom 2 Vision+ UAS.** The technical specifications of the DJ I Phantom 2 Vision+ UAS is set forth by the DJIPhantom 2 Vision+ Specifications and Data Sheet, attached hereto as Exhibit A. **ii. The DJI Phantom 2 Vision+ UAS Autonomous Flight And Navigation Modes Enable The UAS To**  **Remain Within A Defined Operational Area.** The DJ I Phantom 2 Vision+ UAS may be operated in both manual and fully autonomous flight modes. A complete description of the flight and navigational modes of the DJ I Phantom 2 Vision+ UAS is provided at pages 25

- 35 of the DJ I Phantom 2 Vision+ User Manual, attached hereto as Exhibit B. **iii. The DJI Phantom 2 Vision+ UAS Are Designed For Automatic Return To Home Point Or Hover In The Event Of Loss Of The Control Link Or**  **Navigation.** When the Control L ink is lost, th e DJIPhantom 2 Vision+ UA will remain stationary , in flight, for 3 seconds or more. If, after 3 seconds, the DJ I Phantom 2 Vision+ UA does not reacquire control link data from the GCS, the UA will assume that the Control L ink is lost and the UA will retur n 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 Vision+UAS are set forth at pages 27 through 29 of the DJI Phantom 2 Vision+ User Manual,

attached hereto as B. **iv. The DJI Phantom 2 Vision+ GCS And Its Operation.** A complete description of the operation and specifications of the DJ I Phantom 2 Vision+ GCS and flight control software is provided at pages 32 through 43 of the DJ I P hantom 2 Vision+ User Manual. DJ I Phantom 2 Vision+ User Manual is attached hereto as Exhibit B. **b. Flight Operations Of DJI Phantom 2 Vision+ UAS Are Limited To The Line Of Sight Of A Certificated Pilot in Command With A Safety Observer.**  New Legacy

Produc tions will only

utilize certificated pilots who possess a current and valid airman medical certificate to act as a pilot in command (PI C) of the DJ I Phantom 2 Vision+ UAS. Additionally , a safet y observer will assist all pilots during flight time. **c. Flight s Of DJI Phantom 2 Vision+ UAS Will Be Conducted Pursuant To**  **Specific Operating Limitations.** In seeking this exemption, proposes to commercially operate DJ I Phantom 2 Vision+ UAS for the special purpose of conducting aerial video and photograph y over certain areas of United States, pursuant to the following specific operating limitations: 1. Operations authorized by this grant of exemption will be limited to the following aircraft described in the operating documents, rotorcraft UASs weighing less than 55 pounds maximum gross weight: DJ I Phantom 2 Vision+ Unmanned Aircraft Sy stem. 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 o perations for the purpose of aerial video and photograph y. 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 200 feet above ground level (AGL), as indicated by 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 b e able to use human vision unaided by an y device other than corrective lenses, as specified on the PIC’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 mus t utilize a safet y observer (SO). The SO may be used to satisfy the VLOS requirement as long as the PI C alway s 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 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 documents. 8. The SO must n ot 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 exemp tion must be accessible during UAS operations and made available to the Administrator upon request. If a discrepancy

exists between the conditions and limitations contained in the grant of exemption and the procedures outlined in the operating documents, the conditions and limitations contained in the grant of exemption take precedence and must be followed. Otherwise, the operator must follow the procedures as outlined in its operating documents. The operator may update or revise its operating documents. It is the operator’s responsibility to track such revisions and present updated and revised documents to the Administrator upon request. The operator must also present updated and revised documents if it petitions for extension or amendment to the grant of e xemption. If the operator determines that any update or revision would affect the basis upon which the FAA granted the exemption, then the operator must petition for amendment to its grant of exemption. The FAA’s UAS Integration Office (AFS

- 80) may be cont acted 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 the UAS, the aircraft is prohibited from operating until the necessary maintenance has been performed and the UAS is found to be in a condition for safe flight. The Ground Control Station must be included in the preflight inspection. All maintenanc e and alterations must be properl y 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 component, 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 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 accordance with the operating documents. Maintenance, inspection, alterations, and status of replacement/overhaul component parts must be noted in the aircraft re cords, 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 Safety 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 PI C must possess at least a private pilot certificate and at least a current third

class medical certificate.
18. The o perator may

not permit any

PI C 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 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 PI Cs are permitted under the terms of the exemption. However, training operations may only be conducted during dedicated training sessions. During training, proficiency , and experience

- building flights, all persons not essential for flight operations are con sidered nonparticipants, and the PI C must operate the UA with appropriate distance from nonparticipants in accordance with 14 C.F.R. § 91.119.
19. UAS operations may

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

not ope rate within 5 nautical miles of an airport reference point as denoted on a current FAA

- published aeronautical chart unless a letter of agreement with that airport’s management is obtained, and the operation is conducted in accordance with a NOTAM as requir ed by the operator’s COA. Theletter of agreement with the airport management must be made available to the Administrator upon request.
21. The UA may

not be operated less than 500 feet below or less than 2,000 feet horizontally

from a cloud or when visibility is less than 3 statute miles from the PI C.
22. 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.
23. The P IC must abort the flight in the event of unpredicted obstacles or emergencies in accordance with the operating documents.
24. The PI C is prohibited from beginning a flight unless (considering wind and forecast weather conditions) there is enough power to fly at normal cruising speed to the intended landing point and land the UA with 25% battery power remaining.
25. The operator must obtain an Air Traffic Organization (ATO) issued Certificate of Waiver or Authorization (COA) prior to conducting an y operations unde r 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 requ irements in the ATO issued COA including class of airspace, altitude level and potential transponder requirements.
26. All aircraft operated in accordance with the exemption must be identified by serial number, registered in accordance with 14 C.F.R. part 47, and 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 oversight agency requirements.
28. 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 official upon request.
29. The UA must remain clear and yi eld the right of way to all manned aviation operations and activities at all times.
30. The UAS may

not be op erated b y the PIC from any moving device or vehicle.31. Flight operations must be conducted at least 500 feet from all nonparticipating persons (persons other than the 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 protec tion and are within 500 feet of the UA, flight operations must cease immediately and/or; b. The aircraft is operated near vessels, vehicles or structures where the owner/controller of such vessels, vehicles or structures has granted permission and the 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 persons do not present an undue hazard to th ose persons per § 91.119(a).
32. All operations shall be conducted over private or controlled

- access propert y with permission from the land owner/controller or authorized representative. Permission from land owner/controller or authorized representative will be obtained for each flight to be conducted.
33. 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 (AF S

- 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 Ad**  **versely Affect Safety.** New Legacy

Productions submits that the equivalent level of safety 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 Vision+ UAS unless that PI C has demonstrated, by meeting minimum flight

- hour and currency

requirements, that the PIC is able to safel y operate the DJ I Phantom 2 Vision+ UAS in a manner consistent with the exemption, including evasive and emergency

maneuvers and maintaining appropriate distances from p eople, vessels, vehicles and structures. Considering New Legacy Productions 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 re quirements (See Exemption No. 11062); and the airmanship skills necessary to safel y operate the DJ I Phantom 2 Vision+ UAS, New Legacy Productions submits that the additional manned airmanship experience of a commerciall y certificated pilot would not correl ate to the airmanship skills necessary forNew Legacy Productions specific proposed flight operations. The FAA has previously

granted relief from Section 61.113(a) and (b) specific to UAS, in circumstances similar, in all material respects, to those presented herein (e.g. Exemption Nos. 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110, 11112, 11136, 11138, 11150, 11153, 11156, 11158, 11159, 11160, 11161). New Legacy

Productions will not allow any PIC to operate the DJ I Phantom 2 Vision+ UAS unl ess that PI C has demonstrated, by meeting minimum flight

- hour requirements or the DJ I Phantom 2 Vision+ UAS training and currency requirements, that the PI C is able to safel y operate the DJ I Phantom 2 Vision+ UAS in a manner consistent with this exemption, including evasive and emergency maneuvers and maintaining appropriate distances from people, vessels, vehicles and structures. 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 model of UAS to be used for operations under the exemption). In addition to the hour requirements, the PI C must accomplish 3 takeoffs and landin gs 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 safet y during New Legacy Pr oductions 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 pr ior 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 ho urs 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 model of UAS to be used for operations under the exemption. For clarification, the FAA considers these minimum hour requirements to be inclusive rather than additive; i.e. 5 hours make and model time may be included in the 10 hours of multi

- rotor time and the 10 hours may

be included in the total 25 hour s 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

- hour requirements in Exemption No. 11062 are appro priate 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 th is requirement. Training, proficiency, and experience

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

- building flights the 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. Accordingly , Narrate Studios will ensure safe

operations b y not allowing an y P IC to operate the DJIPhantom 2 Vision+ 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 Vision+ UAS in a manner consistent with 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 b y Section 91.7(a) will be maintained because prior to every

flight , New Legacy

Productions will ensure that the DJIPhantom 2 Vision+ UAS is in an airworthy condition based upon the UAS’s compliance with 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 Safety.**  The equivalent level of safety established b y Section 91.121 will be maintained because the altitude information of the DJ I Phantom 2 Vision+ UA will be provided to the PI C via GPS equipment and a radio communications telemetry data link, which downlinks f

rom the UA to the GCS for active monitoring of the flight path and altitude. This altitude information, combined with New Legacy Productions operation of the DJ I Phantom 2 Vision+ UA within visual line of sight, at or below 500 feet AGL, will ensure a leve l of safet y 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 b y the UASs at ground level. The FAA h as previously

granted relief from Section 91.121 specific to UAS, in circumstances similar, in all material respects, to those presented herein (e.g. Exemption Nos. 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11112, 11136, 11138, 11150, 11153, 11156, 11157, 11158, 11159, 11160, 11161). **5. Reasons Why An Exemption From The Requirements Of Section 91.151(b) Would Not Adversely Affect Safety.**  A grant of this exemption would ensure an equivalent level of safety established by 14 C.F.R. Section 91.15 1(b) as a result of (1) the technical specifications of the DJ I Phantom 2 Vision+ UAs; (2) the limitations on the proposed flight operations; and (3) the location of the proposed flight operations. Accordingl y, New Legacy Productions will ensure that it wi ll safel y operate the battery powered DJ I Phantom 2 Vision+ UA during daylight hours in VFR conditions, with enough battery power to fly

for a total duration of 13.5 minutes to the first point of intended landing and, assuming normal cruising speed,to fly after that for at least 4.5 minutes. Here, as in Exemption No. 11109, the technical specifications of the DJ I Phantom 2 Vision+ UAS; the limitations on the proposed flight operations; and the location of the proposed operations, will ensure an equivalent level of safet y established by 14 C.F.R. Section 91.151(b). Furthermore, safety will be ensured as the DJ I Phantom 2 Vision+ UAS provide audible and visual warnings to the PIC at the GCS when the UAs experiences low battery

voltage, the first warning occur ring at approximately

33% remaining battery

power, and again at approximately 10% remaining battery

power. At the criticall y low battery level, the DJ I Phantom Vision+ UAS will descend and land automatically

. Significantl y, previous exemptions granted b y the FAA concerning Section 91.151 establish that safet y is not 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 previously granted relief from Section 91.151 specific to UAS, in circumstances similar, in all material respects, to those presented herein (e.g. Exemption Nos. 8811, 10808, 10673, 11042, 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110, 11136, 11138, 11150, 11153, 11156, 11157, 11158, 11159, 11160, 11161). **6. Reasons Why An Exemption From The Requirements Of Sections 91.405(a), 91.407(a)(1), 91.409(a**  **)(1) & (a)(2), And 91.417(a) & (b) Would Not Adversely Affect Safety.**  In seeking this exemption, New Legacy Productions submits that the equivalent level of safety

with regard to the regulatory maintenance and alteration requirements established by

Section s 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b) will be met because New Legacy Productions will use trained technicians to perform maintenance, alterations, or preventive maintenance on the UAS using the methods, techniques, and pract ices prescribed in the operating documents (i.e., the New Legacy Aerial Operations Manual, Monthly Maintenance Log, and DJ I Phantom 2 Vision+ Instruction Manual). Furthermore, New Legacy Productions will document and maintain all maintenance records for th e DJ I Phantom 2 Vision+ UAS. Since the DJ I Phantom 2 Vision+ UAS will be inspected as prescribed by the operating documents, New Legacy Productions will maintain the equivalent level of safet y established b y Sections 91.405(a), 91.409(a)(1), and 91.409(a)( 2). A copy of the DJIPhantom 2 Vision+ User Manuals are attached hereto as Exhibit B; a copy of the DJ I Phantom 2 Vision+ UAS Maintenance LOG is attached hereto as Exhibit C. Likewise, the exemption sought will not adversel y affect safety because New Lega cy Productions will use trained technicians to perform maintenance, alterations or preventive maintenance on the UAS using the methods, techniques, and practices prescribed b y the operating documents.Furthermore, the exemption sought would maintain an equ ivalent level of safet y

established by

Sections 91.407, 91.417(a) and 91.417(b), because all maintenance of the DJIPhantom 2 Vision+ UAS will be performed by trained technicians. 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 limitati ons of the UAS are considered. In consideration of New Legacy Productions proposed operating limitations, the operating documents, and the technical aspects of the DJ I Phantom 2 Vision+ UAS, New Legacy Productions submits 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). The FAA has previousl y granted relief specific to UAS in circumstances similar, in all material respects, to those presented her ein (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 Secti on 333 of the FAA Modernization and Reform Act of 2012 (FMRA) and 14 C.F.R. § 21.16 entitled Special Conditions, New Legacy Productions requests that the FAA prescribe special conditions for the intended operation of the DJ I Phantom 2 Vision+ UAS, which co ntain such safety standards that the Administrator finds necessary to establish a level of safet y 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 conducting aerial video and photography over certain areas of the United States for compensation or hire. FMRA Section 333 sets fo rth 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 a ccordance 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 Vision+ UAS, since the air worthiness 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 ai rworthiness regulations of this subchapter do not contain adequate or appropriate safety standards for an aircraft, aircraft engine, or propeller because of a novel or unusual design feature of the aircraft, aircraft engine or propeller, he prescribes spec ial conditions and amendments thereto for the product. The special conditions are issued in accordance with Part 11 of this chapter and contain suchsafet y standards for the aircraft, aircraft engine or propeller as the FAA finds necessary to establish a l evel of safet y 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 intended operation of the DJ I Phantom 2 Vision+ UAS, which contain such safety standards that the Administrator finds necessary

to establish a level of safet y 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).
**F. A Summary That Can Be Published In The Federal Register, stating: The**  **Rules From Which New Legacy Productions**  **Seeks Exemption:** New Legacy Productions 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 New Legacy Productions**  **Seeks:** This exemption will permit New Legacy Productions 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 Legacy Productions Request.**  This Petition is made pursuant to the FAA Modernization and Reform Act of 2012 (FMRA) Section 333, which directs the Secretary of Transportation to determine if certain UAS may

operate safel y in the NAS. As such, New Legacy Productions 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 t o users of the NAS or the public, or otherwise pose a threat to national security; and further, provides the authority for such UAS to operate without airworthiness certification. As discussed in detail above, New Legacy Productions will operate the DJ I Ph antom 2 Vision+ 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 security

. **CONCLUSION**
As set forth herein, New Legacy Productions 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 DJIPhantom 2 Vision+ UAScommerciall 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 Congressional mandate of the FAA Modernization and Reform Act of 2012, while also advancing the interests of the public, by allowing New Legac y Productions to safely , efficiently , and economically operate the DJIPhantom 2 Vision+ UAS commerciall y within the NAS. **WHEREFORE** , in accordance with the Federal Aviation Regulations and the FAA Modernization and Reform Act of 2012, Section 333, New Leg acy Productions 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 to operate the DJ I Phantom 2 Vision+ UAS commercially for the purpose of conducting aerial video and photograph y over certain areas of the United States. Dated: April 27 , 2015 Respectfully Submitted, Colton Brandt

Appendices:
A

– DJ I Phantom 2 Vision+ Specifications Data Sheet
B

– DJ I Phantom 2 Vision+ Manufacturer’s User Manual ( http://download.dji

innovations.com/downloads/phantom_2_vision_plus/en/Phantom_2_Vision_Plus_User_ Manual_v1.8_en.pdf

) C

– Monthly

Maintenance L og APPENDIX

– A **DJI PHAN TOM 2 VISION+ TECHNICAL SPECIFICATIONS**  New Legacy

Productions only

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 all ow 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 locatio n information to the PI C via the linked monitor (smart phone/tablet devices) 1.1 DJIPhantom 2 Vision+

• 1.1.1 Aircraft1.1.1.1 Supported Battery

– DJ I 5200mAH LiPo Battery

1.1.1.2 Weight (Battery

& Propellers Included)

– 2lbs 11.810oz (1242g) 1.1 .1.3 Hover Accuracy

(Ready to Fl y)

– Vertical: .8m; Horizontal: 2.5m 1.1.1.4 Max Yaw Angular Velocit y - 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 RECOMMEND ED)

• 1.1.2 Gimbal 1.1.2.1 Working Current

– Static: 750mA; Dy namic: 900mA 1.1.2.2 Control Accuracy

- ±0.03 0 1.1.2.3 Controllable Range

– Pitch:

- 90 0 - 0 0 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 1.1.5.1 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

## Submitted on April 27, 2015 Colton M. Brandt New Legacy Productions 39988 Parador Street Temecula, Ca 92592 Tel: (951) 591

- 1133 Em ail: Coltonbrandt90@gmail.com

**MONTHLY MAINTENANCE LOG** 

month :_________(year:________
**UAS$#:$________**

**___** Da te

Discov ered Date

Address ed Issue Description and Maintenance

Conducted: Maintenance Performed By: (Print and sign)

Software(Updates
Airframe(
Engines
Propellers
Camera(Gimbal Landing(Gear
Vibration(Dampen ing

Other: