UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

FEDERAL AVIATION ADMINISTRATION WASHINGTON, D.C.

Regulatory Docket No.

IN THE MATTER OF THE PETITION FOR EXEMPTION OF: IMPLICTED, LLC FOR AN EXEMPTION SEEKING RELIEF FROM THE REQUIREMENTS OF

TITLE 14 OF THE CODE OF FEDERAL REGULATIONS SECTIONS 61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), AND 91.417(a) & (b) CONCERNING COMMERCIAL OPERATION OF DJI PHANTOM 2, DJI PHANTOM 3 AND DJI INSPIRE 1

UNMANNED AIRCRAFT SYSTEMS

PURSUANT TO SECTION 333 OF

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

- 95)

Submitted on December 8 , 2015

IMPLICTED, LLC

631 St. Charles Avenue New Orleans, La 70130 Tel: (504) 298 83232 TABLE OF CONTENTS

Page

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 IMPLICTED, LLC

SEEKS EXEMPTION

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

THE EXTENT OF RELIEF IMPLICTED, LLC SEEKS AND THE REASON IMPLICTED, LLC SEEKS THE RELIEF

................................ .............................. 9

THE REASONS WHY GRANTING IMPLICTED, LLC REQUEST WOULD BE

IN THE PUBLIC INTEREST

................................ ................................ ................ 12

THE REASONS WHY GRANTING THE EXEMPTION WOULD NOT

ADVERSELY AFFECT SAFETY

................................ ................................ ......... 14

SUMMARY THAT CAN BE PUBLISHED IN THE FEDERAL REGISTER.

.... 25

ANY ADDITIONAL INFORMATION, VIEWS, OR A RGUMENTS AVAILABLE TO SUPPORT IMPLICTED, LLC REQUEST

.............................. 25

CONCLUSION

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

AGL Above Ground Level

AOI Area of Interest

ATC Air Traffic Control

ATO Air Traffic Organization

AV Aerial Vehicle

CFR Code of Federal Regulations

COA Certificate of Authorization

FAA Federal Aviation Administration

FAR Federal Aviation Regulation

GCS Ground Control Station

GPS Global Positioning System

LOL Loss of Link

NAS Nation al 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 Landing4 SUMMARY

IMPLICTED, LLC seeks exemption from the requirements of 14 C.F.R §§ 61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b), to operate an Unmanned Aircraft System pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (FMRA). This exemption request, once granted would allow the peti tioner to operate a small unmanned aerial vehicle (sUAV), unmanned aircraft system (UAS) for commercial use to conduct bridge Inspections, flare stack inspection, utility

- powe r generation system inspections

and patrolling, aerial inspection, photography an d videography of residential and commercial real estate, weddings, aerial inspection, photography and videography of utility infrastructure including but not limited to electrical power lines, wind turbines and cell towers, pipeline inspection and patroll ing, filmmaking, cinematography, and videography, precision agriculture with on board sensors, wildlife and forestry monitoring and mosquito and insect control, aerial surveying, construction site inspection and monitoring, public entity support operations , Aerial imaging for safety, monitoring and comparing work efforts and completion percentages, and security of controlled environment of various sites, aerial video and live video feed to assist with search and rescue operations under the authority and sup port of local authority officials, aerial video and photography for public and private use including television, public events, and cinematography live feed and live newsgathering, training to persons individually or belonging to both private and public o rganizations to increase awareness and improve safety for current and future UAS operations within the NAS, special events: including high schools. colleges, professional sports, open air events and fairs, research, risk management and assessment, surface mining, film sets , disaster and catastrophe events.

INTRODUCTION AND INTERESTS OF THE PETITIONER IMPLICTED, LLC (hereinafter referred to as “IMPLICTED”) provides its clients with expertise and knowledge in advanced technologies and solutions to increase efficiency, productivity and effectiveness. IMPLICTED also provides its clients with the highest qu ality digital content for use in their commercial, personal, and non

- profit multimedia projects. IMPLICTED has professional experience in corporate, commercial, documentary, film and special event videography and photography and is recognized as an expert this field. IMPLICTED has recreational/hobby experience in all aspects of aerial video and photography. The objective of IMPLICTED aerial video and photography operations is to provide high quality imaging for a variety of event , commercial, public, and re sidential uses, specifically targeting:

• Event Videography and Photography

• Motion Picture Filming

• Corporate and Commercial Cinematography

• Documentary Cinematography

• Real Estate Videography and Photography

• Construction sites before and after

• Inspections and Surveying

• Stock Footage Cinematogtaphy

• Search and Rescue operations

• Increase public knowledge of UAS and promote safe UAS operations.5 BACKGROUND Unmanned Aircraft Systems: DJI Phantom 2, DJI Phantom 3, DJI Inspire 1 UASs

IMPLICTED seeks an exemption to operate DJI systems for compensation or hire within the NAS. The DJI Phantom 2, DJI Phantom 3 and DJI Inspire 1 are vertical takeoff and landing (VTOL) Unmanned Aircraft (UA) with a Ground Control Station (GCS) utilizing electronic tablet or smart phone sy stems. The DJI Phantom 2, DJI Phantom 3 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 DJI Inspire 1 has a maxim um 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, DJI Phantom 3, and DJI Inspire 1 UAs are equipped with four main rotors; driven by Lithium Polymer battery powered electric

motors. The DJI Phantom 2, DJI Phantom 3, and DJI Inspire 1 UAs that will be operated by IMPLICTED, LLC 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, IMPLICTED, pursuant to the provisions of the Federal Aviation Regulations (14 C.F.R. § 11.61) and the FAA Modernization and Reform Act of 2012 (FMRA), Section 333, Special Rules for Certain Unmanned Aircraft Systems , hereby petitions the Administrator to commercially operate the DJI Phantom 2, DJI Phantom 3, DJI Inspire 1 UASs in th e National Airspace System (NAS), and for an exemption from the requirements of 14 C.F.R §§ 61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b). In consideration of the speed, weight, size, and l imited operating area associated with the unmanned aircraft and its operation, IMPLICTED operation of DJI Phantom 2, DJI Phantom 3, and DJI Inspire 1 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, IMPLICTED requests relief from Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b), as these sections set forth requirements for maintenance that only apply to aircraft with an airworthiness

certificate. IMPLICTED submits that the requested relief is proper since an equivalent level of safety will be ensured. IMPLICTED will use experienced personnel or technicians to perform maintenance, alterations, or preventive mainte nance on the UASs using the methods, techniques, and practices prescribed in the operating documents (i.e., Monthly Maintenance Log, and DJI Phantom 2, DJI Phantom 3 and DJI Inspire 1 Instruction Manual). Furthermore, IMPLICTED will document and maintain a ll maintenance records for the DJI Phantom 2, DJI Phantom 3 and DJI Inspire 1 UASs. Relief from certain requirements of Section 61.113(a) and (b), entitled Private pilot privileges and limitations: Pilot in command , is requested by IMPLICTED 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 meeting6 minimum flight

- hour and currency requirements, that the PIC is able to safely o perate the DJI Phantom 2, DJI Phantom 3 and DJI Inspire 1 UASs in a manner consistent with this exemption, including evasive and emergency maneuvers and maintaining appropriate distances from people, vessels, vehicles and structures.

IMPLICTED seeks relief from Section 91.7(a), entitled Civil aircraft airworthiness

, because the DJI Phantom 2, DJI Phantom 3 and DJI Inspire 1 UASs do not require an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H. As such,

IMPLICTED submits that he wi ll ensure that the DJI Phantom 2, DJI Phantom 3 and DJI Inspire 1UASs 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, DJI P hantom 3, and DJI Inspire 1 Instruction Manual), and that the aircraft are in a condition for safe flight. IMPLICTED also seeks an exemption from the requirements of Section 91.121,

entitled Altimeter Settings , as the DJI Phantom 2, DJI Phantom 3, and DJI Inspire 1 UAs will not have a typical barometric altimeter onboard. However, altitude information of the DJI Phantom 2, DJI Phantom 3 and DJI Inspire 1UAs will be provided to the PIC via Global Positioning System (GPS) equipment and radio communications te lemetry data link, which downlinks from the UA to the GCS for active monitoring of the flight path. This altitude information, combined with IMPLICTED operation of the DJI Phantom 2, DJI

Phantom 3 and DJI Inspire 1 UASs within visual line of sight, at or b elow 500 feet AGL, will ensure a level of safety equivalent to Section 91.121. Additionally, IMPLICTED seeks an exemption from the requirements of Section 91.151(b), entitled Fuel requirements for flight in VFR conditions . IMPLICTED submits that safety wil l not be affected by operation of the DJI Phantom 2, DJI Phantom 3 and DJI Inspire 1 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 approximately 13.5 minutes to the first point of intended landing and, assuming normal cruising speed, to fly

after that for at least 4.5 minutes. In accordance with 14 C.F.R. § 11.81, IMPLICTED provides the following information in support of its petition for exemptio n:

A. Name And Address Of The Petitioner. The name and address of the Petitioner and point of contact is: IMPLICTED, LLC

631 St. Charles Avenue New Orleans, La 70130 Tel: ( 504 ) 298 8323

Email: hello@implicted.com

B. The Specific Sections Of 14 C.F.R. from Which IMPLICTED Seeks Exemption.

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

Section 61.113, entitled Private pilot privileges and limitations: Pilot in command

, subsections (a) and (b) prescribe the following, in relevant part: (a) No person who holds a private pilot certificate may act as a pilot in command (PIC) of an aircraft that is carrying passengers or property for compensation or hire; nor may that person, for compensation or hire, act as PIC of an aircraft.7 (b) A private pilot may, for compensation or hire, act as PIC of an aircraft in connection with any business or employment if

—

(1) The flight is only incidental to that business or employment; and (2) The aircraft does not carry passengers or property for compensation or hire.

2. IMPLICTED 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 un less it is in an airworthy condition.

3. IMPLICTED Seeks Exemption From The Requirements Of Section 91.121.

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

part:

(a) Each person operating an aircraft shall maintain the cruising altitude or flight level of that aircraft, as the case may be, by reference to an altimeter that 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 mil es 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 el evation of the departure airport or an appropriate altimeter setting available before departure.

4. IMPLICTED Seeks Exemption From The Requirements Of Section 91.151(b).

Section 91.151, entitled Fuel requirements for flight in VFR conditions , subsection (b) , states the following:

(b) No person may begin a flight in a rotorcraft under VFR conditions unless (considering wind and forecast weather conditions) there is enough fuel to fly to the first point of intended landing and, assuming normal cruising speed, to fly after that for at least 20 minutes.

5. IMPLICTED Seeks Exemption From The Requirement Of Section 91.405(a).

Section 91.405, entitled Maintenance required , subsection (a), states the following:8 Each owner or operator of an aircraft

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

6. IMPLICTED 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 maintenan ce, preventive maintenance, rebuilding, or alteration unless

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

7. IMPLICTED 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 acco rdance 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. IMPLICTED 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 requir ed or approved inspections, as appropriate, for each aircraft (including the airframe) and each engine, propeller, rotor, and appliance of an aircraft. The records must include

-

-

(i) A description (or reference to data acceptable to the Administrator) of the work performed; and9 (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 airfra me, 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 airworthi ness 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) Cop ies of the forms prescribed by § 43.9(d) of this chapter for each major alteration to the airframe and currently installed engines, rotors, propellers, and appliances.

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

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

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

t ransferred 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.10 C. The Extent Of Relief IMPLICTED Seeks And The Reason IMPLICTED Seeks The

Relief.

1. Extent Of Relief IMPLICTED Seeks And The Reason IMPLICTED Seeks Relief From Section 61.113(a) And (b).

Relief from Section 61.113(a) and (b) entitled Private pilot privileges and

limitations: Pilot in command , is requested to the extent necessary to allow a PIC holding a private pilot or higher level certificate, as well as a current and valid airman medical
certificate, and who has met certain flight

- hour and curre ncy 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 aircr aft 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, IMPLICTED submits th at 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 or DJI Inspire 1 UAS unless that PIC has met certain flight

- hour and currency requirements, demonstrating that the PIC is able to safely operate either the DJI Phantom 2 or DJI Phantom 3 or DJI Inspire 1 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, IMPLICTED submits that all flights of the DJI Phantom 2, DJI Phantom 3 and, DJI Inspire 1 UASs, conducted by the PIC pursuant to the grant of this Petition: (1) will

be incidental to IMPLIC TED business; and (2) will not carry passengers or property for compensation or hire.

2. Extent Of Relief IMPLICTED Seeks And The Reason IMPLICTED Seeks Relief From Section 91.7(a).

Relief from Section 91.7(a) entitled Civil aircraft airworthiness , is reque sted to the extent required to allow IMPLICTED to determine that the DJI Phantom 2, DJI Phantom 3 and DJI Inspire 1 UASs are in airworthy condition prior to every flight by ensuring that the UAS is in compliance with the operating documents (i.e., the IMPL ICTED Aerial Operations Manual, Monthly Maintenance Log, and DJI Phantom 2, DJI Phantom 3 and DJI Inspire 1 Instruction Manual). IMPLICTED seeks the requested relief because the DJI Phantom 2, DJI Phantom 3, and DJI Inspire 1 UASs do not require an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H. Therefore, IMPLICTED will ensure that the DJI Phantom 2, DJI Phantom 3 and DJI Inspire 1 UASs are in airworthy condition based upon its compliance with the operating documents (i.e. , Monthly Maintenance Log, and DJI Phantom 2, DJI Phantom 3 and DJI Inspire 1 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.11 3. Extent Of Relief IMPLICTED Seeks And The Reason IMPLICTED

Seeks Relief From Section 91.121.

Relief from Section 91.121, entitled Altimeter settings, may be required to allow flight operations of the DJI Phantom 2, DJI Phantom 3 and DJI Inspire 1 UASs, whi ch 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 concern ing UAS operations be reported to air traffic control (ATC) in feet above ground level (AGL),
IMPLICTED seeks the requested relief because the DJI Phantom 2, DJI Phantom 3 and DJI Inspire 1 UA’s altimeter may be set on the ground to zero feet AGL, rather t han 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 state d below. As more fully set forth herein, an equivalent level of safety will be maintained since the DJI Phantom 2, DJI Phantom 3 and DJI Inspire 1 UAs are equipped with a barometric pressure sensor and GPS equipment, which automatically ensures that a

grou nd 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 IMPLICTED Seeks And The Reason IMPLICTED Seeks Relief From Section 91.151(b).

Relief from Section 91.151(b) entitled Fuel requirements for flight in VFR conditions, is requested to the extent required to allow flights of the battery powered DJI Phantom 2, DJI Phantom 3 and DJI Inspire 1 UAs during daylight hours in visual

meteorol ogical 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. IMPLICTED seeks the requested relief beca use without an exemption from Section 91.151(b), the flight time duration of the battery powered DJI Phantom 2, DJI Phantom 3 and DJI Inspire 1 UAs will severely constrain the practicality of any aerial video or still photo flight operations that IMPLICTED proposes to conduct pursuant to this Petition. Significantly, as set forth below, the technical specifications of the DJI Phantom 2, DJI Phantom 3 and DJI Inspire 1 UASs, the DJI Phantom 2, DJI Phantom 3 and DJI Inspire 1 operating documents, and IMPLICTE D proposed operating limitations, ensure that IMPLICTED will safely operate the battery powered DJI Phantom 2, DJI Phantom 3 and DJI Inspire 1 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 intended landing and, assuming normal cruising speed, to fly after that for at
least 4.5 minutes.

5. Extent Of Relief IMPLICTED Seeks And The Reason IMPLICTED Seeks

Relief From Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), And 91.417(a) & (b).12 Since Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b) only apply to aircraft with an airworthiness certificate, IMPLICTED requests relief from

these Sections because the DJI Phantom 2, DJI Phantom 3 and DJI Inspire 1 UASs do not require airworthiness certificates. As set forth more fully below, the DJI Phantom 2, DJI Phantom 3 and DJI Inspire 1 UASs meet the conditions of FMRA Section 333 for operatio n without an airworthiness certificate. Accordingly, IMPLICTED 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 IMPLICTED Aerial Operations Manual, Monthly Maintenance Log, and DJI Phantom 2, DJI Phantom 3 and DJI Inspire 1 Instruction Manual). Furthermore, IMPLICTED will document and maintain all maintenance records for the DJI Phantom 2,

DJI Phantom 3 and DJI Inspire 1 UASs.

D. The Reasons Why Granting IMPLICTED 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 IMPLICTED to safely, efficiently, and economically perform aerial video and photography for inspections , real estate, special events, film sets, and landscape over

certain areas of the United States. Additionally, use of the DJI Phantom 2, DJI Phantom 3 and DJI Inspire 1 UASs will decrease congestion of the NAS, reduce pollution, and provide significant benefits to the economy. Notably, the benefits of IMPLICTED proposed operation of the DJI Phantom 2, DJI Phantom 3 and DJI Inspire 1 UASs will be realized without implicating any privacy

issues.

1. The Public Will Benefit From Decreased Congestion Of The NAS. The DJI Phantom 2, DJI Phantom 3 and DJI Inspire 1 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 exemption allowing the use of a DJI Phantom 2 , DJI Phantom 3 or DJI Inspire 1 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 reducing the number of manned airc raft operating in the NAS, congestion around airports caused by arriving and departing aircraft will be reduced. The DJI Phantom 2, DJI Phantom 3 and DJI Inspire 1 UAs do not require an airport to takeoff or land. Likewise, a reduction of manned aircraft c onducting aerial video and photography missions would result in fewer aircraft that must be handled by air traffic control during the ground, takeoff, departure, arrival, and landing phases of flight operations.

2. The Public Will Benefit From The Safety And Efficiency Of The DJI Phantom 2, DJI Phantom 3 and DJI Inspire 1 UASs.

Conducting aerial acquisitions with the DJI Phantom 2, DJI Phantom 3 and DJI13 Inspire 1 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, DJI Phantom 3 and DJI Inspire 1 UASs produce no air pollution, and is the most viable environmentally conscious alternative to the cabin class, six cyl inder 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, DJI Phantom 3 and DJI Inspire 1 UAs, while reducing the c arbon 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, DJI Phantom 3 and DJI Inspire 1 UASs to perform

aer ial acquisitions, the substantial risk to life and property in the air and on the ground, which is usually associated with traditional manned aircraft flight operations, will be substantially reduced or completely eliminated. Aside from the lack of flight crew members located onboard the aircraft, the DJI Phantom 2, DJI Phantom 3 and DJI Inspire 1 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

resp ectively, 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 on the ground, and in the air, compared to the manned aircraft that typically conduct similar ope rations (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, DJI Phantom 3 and DJI Inspire 1 UAS s Will Benefit The Economy.

In addition to being safe and efficient, the DJI Phantom 2, DJI Phantom 3 and DJI Inspire 1 UASs are also an economical alternative to using manned aircraft to conduct similar aerial operations. As such, operation of the DJI Ph antom 2, DJI Phantom 3 and DJI Inspire 1 UASs will allow United States based companies, like IMPLICTED, 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”) regulatory actions phasing out leaded aviation fuels, U.S. owned and operated companies must adopt new and alternative technology in order to remain competitive. Operating the battery powered DJI Phantom 2, DJI Phantom 3 and DJI Inspire 1 U ASs is one such technology that not only allows companies greater operational flexibility compared to manned aircraft, but provides such flexibility without the high operational cost of a traditional manned aircraft. By operating the DJI Phantom 2, DJI Pha ntom 3 and DJI Inspire 1 UASs, companies such as IMPLICTED, can remain competitive and profitable, and therefore, provide greater job stability to employees and contractors, which will ultimately contribute to growth of the U.S. economy. Improved financial performance of U.S. companies, through commercial use of the DJI Phantom 2, DJI Phantom 3 and DJI Inspire 1 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 competitive both in the

United States and abroad.

4. There Are No Privacy Issues.14 Similar to the manned aerial acquisition flight operations that have been conducted for decades, IMPLICTED, LLC proposed operation of the DJI Phantom 2, DJI Phantom 3 and DJI Inspire 1 UASs will not implicate any privacy issues. Specifically, the DJI Phantom 2, DJI Phantom 3 and DJI Inspire 1 UASs will be operated only in compliance with operating documents (i.e., the IMPLIC TED, LLC Aerial Operations Manual, Monthly Maintenance Log,15 and DJI Phantom 2, DJI Phantom 3 and DJI Inspire 1 Instruction Manual) which requires property owner involvement as well as local law enforcement notification, and in accordance with the Federal Aviation Regulations, including the minimum altitude requirements of 14 C.F.R. § 91.119.

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 IMPLICTED Seeks Exemption.

1. Reasons Why The DJI Phantom 2, DJI Phantom 3 and DJI Inspire 1 UAs

Meet Th e 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, IMPLICTED operation of the DJI Phantom 2,

DJI Phantom 3 and DJI Inspire 1 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.

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

(b) Assessment of Unmanned Aircraft Systems.

-- In making the determination under subsection (a), the Secretary shall determin e, 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 t he national airspace system or the public or pose a threat to national security; and

(2) whether a certificate of waiver, certificate of authorization, or airworthiness certification under section 44704 of title 49, United States Code, is required for the ope ration of unmanned aircraft systems identified under paragraph (1).

(c) Requirements for Safe Operation.

-- If the Secretary determines under this section that certain unmanned aircraft systems may operate safely in the national airspace system, the Secretary s hall establish requirements for the safe operation of such aircraft systems in the national airspace system.16 In seeking this exemption, IMPLICTED submits that the DJI Phantom 2, DJI Phantom 3 and DJI Inspire 1 UASs can operate safely in the N AS pursuant to FMRA Section 333, as demonstrated by: (a) the characteristics of the DJI Phantom 2, DJI Phantom 3 and DJI Inspire 1 UASs; (b) the pilot certification requirement; and (c) the specific operating limitations.

a. The Specifications Of The DJI Phantom 2, DJI Phantom 3 and DJI Inspire 1 UASs Demonstrate Its Safe Characteristics.

The DJI Phantom 2, DJI Phantom 3 and DJI Inspire 1 UASs do 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, DJI Phantom 3 and

DJI Inspire 1 UASs.

The technical specifications of the DJI Phantom 2, DJI Phantom 3 and DJI Inspire 1

UASs are set forth by the DJI Phantom 2, DJI Phantom 3 and DJI Inspire 1 Specifications and Data Sheet, attached hereto as Exhibit A, B and C.

ii. The DJI Phantom 2, DJI Phantom 3 and DJI Inspire 1 UASs Autonomous Flight And Navigation Modes Enable The UASs To

Remain Wit hin A Defined Operational Area.

The DJI Phantom 2, DJI Phantom 3 and DJI Inspire 1 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, DJI Phantom 3 and D JI Inspire 1 UASs is provided at pages 25

- 35 of the DJI Phantom 2 and pages 12

- 16 and 45

- 50 of the DJI Inspire 1 User Manuals, attached hereto as Exhibit D and E.

iii. The DJI Phantom 2, DJI Phantom 3 and DJI Inspire 1 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, DJI Phantom 3 and DJI Inspire 1 UAs will remain stationary, in flight, for 3 seconds or more. If, after 3 se conds, the DJI Phantom 2, DJI Phantom 3 and DJI Inspire 1 UAs do not reacquire control link data from the GCS, the UAs will assume that the Control Link is lost and the UAs will return to the home position (i.e., failsafe mode) via GPS, and will descend to the takeoff position and

shutdown. A complete description of the Failsafe Functions of the DJI Phantom 2 UAS are set forth at pages 27 through 29 and for the DJI Inspire 1 at pages 13 through 15 of the DJI Phantom 2 and DJI Inspire 1 User Manuals, attache d hereto as Exhibit D and E.

iv. The DJI Phantom 2, DJI Phantom 3 and DJI Inspire 1 GCS And Its Operation.

A complete description of the operation and specifications of the DJI Phantom 2 and DJI Inspire 1 GCS and flight control software is provided at pages 32 through 43 of17 the DJI Phantom 2 User Manual and pages 40 through 47 of the DJI Inspire 1 User Manual. DJI Phantom 2 and DJI Inspire 1 User Manuals are attached hereto as Exhibits D

and E.

b. Flight Operations Of DJI Phantom 2, DJI Phantom 3 and DJI Inspire 1 UASs Are Limited To The Line Of Sight Of A Certificated Pilot in Command With A Safety Observer.

IMPLICTED will only utilize certificated pilots who possess a current and valid

airman medical certificate to act as a pilot in command (PIC) of the DJI Phantom 2, DJI Phantom 3 and DJI Inspire 1 UASs. Additionally, a safety observer will assist all pilots during flight time.

c. Flights Of DJI Phantom 2, DJI Phantom 3 and DJI Inspire 1 UASs Will

Be Conducted Pursuan t To Specific Operating Limitations.

In seeking this exemption, IMPLICTED proposes to commercially operate DJI Phantom 2, DJI Phantom 3 and DJI Inspire 1 UASs for the special purpose of conducting aerial video and photography over certain areas of United States, pursuant to the following specific operating limitations:

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

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

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

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

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 util ize a safety observer (SO). The SO may be used to satisfy the VLOS requirement as long as the PIC always maintains VLOS capability. The SO and PIC must be able to communicate verbally at all times. Electronic messaging or texting is not permitted during fl ight operations. The PIC must be18 designated before the flight and cannot transfer his or her designation for the duration of the flight. The PIC must ensure that the SO can perform the functions prescribed in the operating documents.

8. The SO must not perform any other duties beyond assisting the PIC with seeing and avoiding other air traffic and other ground based obstacles/obstructions and is not permitted to operate the camera or other instruments.

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

- 80) may be contacted if questions arise regarding updates or revisions to the operating documents.

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 oper ation 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 maintenan ce and alterations must be properly

documented in the aircraft records.

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

12. The pre

- flight inspection must account for all potential discrepancies, e.g. inoperable components, items, or equipment, not 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 records, including total time in service, description19 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 airc raft record of the corrective action taken against discrepancies 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 maintainin g appropriate distances from persons, vessels, vehicles and structures. PIC qualification flight hours must be logged in a manner consistent with 14 C.F.R. § 61.51(b). Flights for the purposes of training the operator’s PICs are permitted under the terms o f the exemption. However, training operations may only be conducted during dedicated training sessions. During training, proficiency, and experience

- building flights, all persons not essential for flight operations are considered nonparticipants, and the P IC 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. §

19.1. All operations must be conducted under visual meteorological

condition s (VMC). If flight at night is required, a special request will be made at the FAA office closest to proposed area of operations. Flights under special visual flight rules (SVFR) are not authorized.

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

denoted on a current FAA

- published aeronautical chart unless a letter of agreement with that airport’s management is obtained, and the operation is conducted in accordance with a NOTAM as required by the operator’s COA.

The lette r 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

PIC.

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.20 23. The PIC must abort the flight in the event of unpredicted obstacles or emergencies in accordance with the operating documents.

24. The PIC is prohibited from beginning a flight unless (considering wind and forecast weather conditions) there is enough power to fly at normal 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 any operations under the grant of exe mption. This COA will also require the operator to request a Notice to Airman (NOTAM) not more than 72 hours in advance, but not less than 48 hours prior to the operation. All operations shall be conducted in accordance with airspace requirements in the AT O 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

identifi cation (N

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

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

28. The documents required fewer than 14 C.F.R. 91.9 and 91.203 must be available to the PIC at the Ground Control Station of the UAS any time the UAS is operating. These documents must be made available to the Administrator or any law enforcement official upon request.

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

30. The UAS may not be operated by t he PIC from any moving device or vehicle.

31. Flight operations must be conducted at least 500 feet from all nonparticipating persons (persons other than the PIC, SO, operator trainees or essential persons), vessels, vehicles, and 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 nonpartici pating persons leave such protection and are within 500 feet of the UA, flight operations must cease immediately and/or;20 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 pers ons do not present an undue hazard to those persons per § 91.119(a).

32. All operations shall be conducted over private or controlled

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

Permission from land owner/contr oller or authorized representative will be obtained for each flight to be conducted.

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

- 80) within 24 hours. Accidents must be reported to the National Transportation Safety Board (NTSB) per instructions contained on the NTSB Web site: www.ntsb.gov

.

2. Reasons Why An Exemption From The Requirements Of Section 61.113(a) And (b) Would Not Adversely Affect Safety.

IMPLICTED 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, DJI Phantom 3 and DJI Inspire 1 UASs 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 or DJI Inspire 1 UAS i n a manner consistent with the exemption, including evasive and emergency maneuvers and maintaining appropriate distances from people, vessels, vehicles and structures. Considering IMPLICTED proposed area of operations, and the operating

limitations set fo rth

- above; the parallel nature of private pilot aeronautical knowledge requirements to those of commercial pilot requirements (See Exemption No. 11062); and the airmanship skills necessary to safely operate the DJI Phantom 2 or DJI Phantom 3 or DJI Inspire 1 UAS, IMPLICTED, LLC submits that the additional manned airmanship experience of a commercially certificated pilot would not correlate to the airmanship skills necessary for IMPLICTED, LLC specific proposed flight operations. The FAA has previously grant ed 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, 1 1156, 11158, 11159, 11160, 11161). IMPLICTED will not allow any PIC to operate the DJI Phantom 2, DJI Phantom 3 or DJI Inspire 1 UAS unless that PIC has demonstrated, by meeting minimum flight

- hour requirements or the DJI Phantom 2 or DJI Phantom 3 or DJI Inspire 1 UAS training and currency requirements, that the PIC is able to safely operate the DJI Phantom 2 or DJI Phantom 3 or DJI Inspire 1 UAS in a manner consistent with this exemption, including21 evasive and emergency maneuvers and maintaining appropriate distances from people, vessels, vehicles and structures. Specifically, the PIC must have accumulated and logged, in a manner consistent with 14 C.F.R. § 61.51(b), 25 hours of total time as a UAS rotorcraft pilot (with a

minimum of 5 hours of those hours as a UAS pilot operating the same make and model of UAS to be used for operations under the exemption). In addition to the hour requirements, the PIC must accomplish 3 takeoffs and landings in the preceding 90 days (for currency

purpo ses). 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 IMPLICTED proposed operations. The Administrator

has held th at prior documented flight experience that was obtained in compliance with applicable regulations would ensure safe operations, stating as follows: In Exemption No. 11062, the FAA required that prior to conducting operations for the purpose of motion picture filming (or similar operations), the PIC must have accumulated and logged, in a manner consistent with 14 CFR 61.51(b), 25 hours of total time as a UAS rotorcraft pilot including at least 10 hours logged as a UAS pilot with a multi

- rotor UAS. Prior to operations under Exemption No. 11062, the PIC must also have accumulated and logged a minimum of 5 hours as a UAS pilot operating the same make and model of UAS to be used for operations under the exemption. For clarification, the FAA considers these m inimum hour requirements to be inclusive rather than additive; i.e. 5 hours make and model time may be

included in the 10 hours of multi

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

- hour requirements in Exemption No. 11062 are appropriate to practice and build proficiency in the

skills necessary to safely conduct the petitioner’s proposed operations. The FAA also finds that prior documented flight experience that was obtained in compliance with applicable regulations would satisfy this requirement. Training, proficiency, and experience

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

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

distances in accordance with 14 C.F.R 91.119.

Exemption No. 11138 at page 15. Accordingly, IMPLICTED will ensure safe operations by not allowing any PIC to operate the DJI Phantom 2 or DJI Phantom 3or DJI Inspire 1 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 or DJI Inspire 1 UAS in a manner consistent with the exemption, including evasive and emergency maneuvers and maintaining appropriate distances from people, v essels, vehicles and structures.

3. Reasons Why An Exemption From The Requirements Of Section 91.7(a) Would Not Adversely Affect Safety.22 The equivalent level of safety established by Section 91.7(a) will be maintained because prior to every flight, IMPLICTED will ensure that the DJI Phantom 2 or DJI Phantom 3 or DJI Inspire 1 UAS is in an airworthy condition based upon the UAS’s compliance with its operating documents and as stated in the conditions and limitations

here in. Additionally, the FAA has previously granted relief from Section 91.7(a) specific to UAS, in circumstances similar, in all material respects, to those presented herein (e.g. Exemption Nos. 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110, 11112, 11136, 11138, 11150, 11153, 11156, 11157, 11158, 11159, 11160, 11161).

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

The equivalent level of safety established by Section 91.121 will be maintai ned because the altitude information of the DJI Phantom 2, DJI Phantom 3 and DJI Inspire 1 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 IMPLICTED operation of the DJI Phantom 2, DJI Phantom 3 and DJI Inspire 1 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 Sec tion 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, 11 161).

5. Reasons Why An Exemption From The Requirements Of Section 91.151(b) Would Not Adversely Affect Safety.

A grant of this exemption would ensure an equivalent level of safety established by 14 C.F.R. Section 91.151(b) as a result of (1) the technical specifications of the DJI Phantom 2, DJI Phantom 3 and DJI Inspire 1 UASs; (2) the limitations on the proposed flight operations; and (3) the location of the proposed flight operations. Accordingly, IMPLICTED will ensure that it will safely operate the bat tery powered DJI Phantom 2, DJI Phantom 3 and DJI Inspire 1 UAs 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 fl y after that for at least 4.5

minutes. Here, as in Exemption No. 11109, the technical specifications of the DJI Phantom 2, DJI Phantom 3 and DJI Inspire 1 UASs; the limitations on the proposed flight operations; and the location of the proposed operations, will ensure an equivalent level of safety established by 14 C.F.R. Section 91.151(b). Furthermore, safety will be ensured as the DJI Phantom 2, DJI Phantom 3 and DJI Inspire 1 UASs provide audible and visual warnings to the PIC at the GCS when the UAs exp eriences 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 2, DJI Phantom 3 and DJI Inspire 1 UASs wil l descend and land automatically.23 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 of the UAS are cons idered. 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 c ircumstances 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, IMPLICTED 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 IMPLICTED will use trained technicians to perform maintenance, alterations, or preven tive maintenance on the UASs using the methods, techniques, and practices prescribed in the operating documents (i.e., the IMPLICTED Aerial Operations Manual, Monthly Maintenance Log, and DJI Phantom 2, DJI Phantom 3 and DJI Inspire 1 Instruction Manual). Furthermore, IMPLICTED will document and maintain all maintenance records for the DJI Phantom 2, DJI Phantom 3 and DJI Inspire 1 UASs. Since the DJI Phantom 2, DJI Phantom 3 and DJI Inspire 1 UASs will be inspected as prescribed by the operating documents, IMPLICTED will maintain the equivalent level of safety established by Sections 91.405(a), 91.409(a)(1), and 91.409(a)(2). A copy of the DJI Phantom 2 and DJI Inspire 1 User Manuals are attached hereto as Exhibit D and E; a copy of the DJI Phantom 2, DJI P hantom 3 and DJI Inspire 1 UAS Maintenance LOG is

attached hereto as Exhibit F. Likewise, the exemption sought will not adversely affect safety because IMPLICTED will use trained technicians to perform maintenance, alterations or preventive maintenance on the UAS using the methods, techniques, and practices prescribed by the operating documents. Furthermore, the exemption sought would maintain an equivalent level of safety established by Sections 91.407, 91.417(a) and 91.417(b), because all maintenance of t he DJI Phantom 2, DJI Phantom 3 and DJI Inspire 1 UASs will be performed by trained technicians. Maintenance will be documented and maintained utilizing the monthly maintenance log. Significantly, previous exemptions granted by the FAA concerning Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b) establish that safety is not adversely affected when the technical characteristics and operating limitations of the

UAS are considered. In consideration of IMPLICTED proposed operating lim itations, the operating documents, and the technical aspects of the DJI Phantom 2, DJI Phantom 3 and DJI Inspire 1 UASs, IMPLICTED 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,24 in all material respects, to those presented herein (e.g. Exemption Nos. 11062, 11063, 11064, 11065, 11066, 11067, 11 080, 11109, 11110, 11112, 11136, 11138, 11150, 11153, 11156, 11157, 11158, 11159, 11160, 11161).

7. The FAA May Prescribe Any Other Conditions For Safe Operation. In accordance with Section 333 of the FAA Modernization and Reform Act of 2012 (FMRA) and

14 C. F.R. § 21.16 entitled Special Conditions, IMPLICTED requests that the FAA prescribe special conditions for the intended operation of the DJI Phantom 2, DJI Phantom 3 and DJI Inspire 1 UASs, which contain such safety standards that the Administrator finds n ecessary to establish a level of safety equivalent to that established by 14 C.F.R. Part 21, Subpart H, and 14 C.F.R §§ 61.113(a) & (b), 91.7 (a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b). Such special conditio ns 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 cr eate a hazard to users of the NAS or the public, or otherwise pose a threat to national security; and further, provides the authority for such UAS to operate without airworthiness certification in accordance with any requirements that must be established f or 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, DJI Phantom 3 and DJI Inspire 1 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 unusual design feature of the aircraft, aircraft engine or propeller, he prescribes special conditions

and amendments th ereto for the product. The special conditions are issued in accordance with Part 11 of this chapter and contain such safety standards for the aircraft, aircraft engine or propeller as the FAA finds necessary to establish a level of safety equivalent to tha t established in the regulations.

See 14 C.F.R. § 21.16. Therefore, in accordance with FMRA Section 333 and 14 C.F.R. § 21.16, the FAA may prescribe special conditions for Leading Edge’s intended operation of the DJI Phantom 2, DJI Phantom 3 and DJI Inspi re 1 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).

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

IMPLICTED Seeks Exemption:

IMPLICTED 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 IMPLICTED Seeks:

This exemption will permit IMPLICTED to commercially operate an Unmanned Aircraft Sy stem (UAS) for the purpose of conducting aerial video and photography over certain areas of the

United States.25 G. Any Additional Information, Views, Or Arguments Available To Support IMPLICTED Request.

This Petition is made pursuant to the FAA Modernization and Reform Act of 2012 (FMRA) Section 333, which directs the Secretary of Transportation to determine if certain UAS may operate safely in the NAS. As such, IMPLICTED request for exemption may be granted pursuant to the authority of FMRA Section 333 and 14 C.F.R. Part 11, as set forth above. FMRA Section 333 sets forth the requirements for considering whether a UAS will create a hazard to users of the NAS or the public, or otherwise pose a threat to national security; and further, provides the authority for such UAS to operate without airworthiness certification. As discussed in detail above, IMPLICTED will operate the DJI Phantom 2, DJI Phantom 3 and DJI Inspire 1 UASs safely 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, IMPLICTED 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 Phantom 2, DJI Phantom 3 and DJI Inspire 1 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 the Congressional mandate of the FAA Modernization and Reform Act of 2012, while also advancing the interests of the public, by allowing IMPLICTED to safely, efficiently, and economically operate the DJI Phantom 2, DJI Phantom 3 and DJI Inspire 1 UASs commercially within the NAS.

WHEREFORE , in accordance with the Federal Aviation Regulations and the FAA Modernization and Reform Act of 2012, Section 333, IMPLICTED 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, DJI Phantom 3 and DJI Inspire 1 UASs commercially for the purpose of conducting aerial video and photography over certain

areas of the United States.

Dated: December 8, 2015
Respectfully submitted,

IMPLICTED, LLC

Brandon S. Baudier, Owner

IMPLICTED, LLC
631 St. Charles Avenue New Orleans, La 70130 Tel: (504) 298 832326 Appendices :

A

– DJI Phantom 2 Specifications Data Sheet

B

– DJI Phantom 3 Specifications Data Sheet

C

– DJI Inspire 1 Specifications Data Sheet

D

– DJI Phantom 2 Manufacturer’s User Manual

E

– DJI Inspire 1 Manufacturer’s User Manual

F

– Monthly Maintenance Log27 APPENDIX

– A

DJI PHANTOM 2 TECHNICAL SPECIFICATIONS

IMPLICTED 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. 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 dis tance. In addition, DJI software provides real

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

1.1 DJI Phantom 2

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 Angular 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

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

1.1.3.5 HD Video Recording

– 1080p30 & 720p

1.1.3.6 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 Extender28 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

– 2W29 APPENDIX

– B

DJI PHANTOM 3 TECHNICAL SPECIFICATIONS

IMPLICTED 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 s et parameters which will not allow flight into controlled airspace. Parameters can also be set to limit flight to no higher than a predetermined and set altitude as well as limit flight to a predetermined and set distance. In addition, DJI software provide s real

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

2.1 DJI Phantom 3

2.1.1 Aircraft

2.1.1.1 Supported Battery

– DJI 6000mAh LiPo 2S

2.1.1.2 Weight (Battery & Propellers Included)

– 1280 g

2.1.1.3 Hover Accuracy (Ready to Fly)

– Ve rtical: 10cm; Horizontal: 1m

2.1.1.4 Max Ascent Speed

– 5m/s

2.1.1.5 Max Descent Speed

– 3m/s

2.1.1.6 Max Flight Speed

– 16m/s (ATTI mode, no wind)

2.1.2 Gimbal

2.1.2.1 Controllable Range

– Pitch:

- 90 0 + 30 0

2.1.2.2 Stabilization

– 3

- zxis (pitch, roll, yaw)

2.1.3 Camera

2.1.3.1 Sensor

– Sony EXMOR

2.1.3.2 Sensor Size

– 1/2.3”

2.1.3.3 Effective Pixels

– 12.4M 2.1.3.4 Video Recording Mode

– 4096x2160p, 3840x2160p, 1920x1080p,

1280x720p

2.1.4 Remote Controller

2.1.4.1 Operating Frequency

– 2.400GHz

– 1.483GHz

2.1.4.2 Max Distance

– 2000m

2.1.4.3 Receiver Sensitivity (1%PER)

- 101dBm+/

- 2dBm

2.1.4.4 Transmitter Power (EIRP)

– FCC: 20dBm, CE: 16dBm

2.1.4.5 Working Voltage

– 12A@7.4V30 APPENDIX

– C

DJI INSPIRE 1 TECHNICAL SPECIFICATIONS

IMPLICTED 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. Parameters can also be set to limit flight to no higher than a predetermined and set altitude as well as limit flight to a predetermined and set distance. In addition, DJI software provides real

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

3.2 DJI Inspire 1

3.2.1 Aircraft

3.2.1.1 Model

– T600

3.2.1.2 Weight	(Battery	Included)

– 6lbs	7.5291oz (2935g)

3.2.1.3 Hovering	Accuracy	(GPS	Mode)

– Vertical:	0.5m;	Horizontal: 2.5m

3.2.1.4 Max	Angular	Velocity

– Pitch:	3000/s;	Yaw: 1500/s

3.2.1.5 Max Tilt Angle

- -- 350

3.2.1.6 Max	Ascent	Speed

– 5m/s

3.2.1.7 Max	Descent	Speed

– 4m/s

3.2.1.8 Max	Speed

– 22m/s	(ATTI	mode,	no	wind

– NOT RECOMMENDED)

3.2.1.9 Max	Flight	Altitude

– 4500m

3.2.1.10 Max	Wind	Resistance

– 10m/s

3.2.1.11 Max	Flight	Time

– Approximately	18	minutes

3.2.1.12 Motor	Model

– DJI 3510

3.2.1.13 Propeller	Model

– DJI 1345

3.2.1.14 Operating	Temperature Range

– 140F	to	1040F (

- -- 100C	to	400C)

3.2.1.15 Dimensions

– 17	1⁄4”	x	17	3⁄4”	x 12”

3.2.2 Gimbal

3.2.2.1 Model

– ZENMUSE X3

3.2.2.2 Output	Power	(with	camera)

– Static:	9W;	In	Motion: 11W

3.2.2.3 Operating	Current

– Static:	750mA;	In	Motion: 900mA

3.2.2.4 Angular Vibration Range

- -- ±0.030

3.2.2.5 Mounting

– Detachable

3.2.2.6 Con t rollable Rang e

– Pitch:

- -- 900	to	+300; P a n : ±3200

3.2.2.7 M ech an ica l	Range

– Pitch:

- -- 1250	to	450; P a n : ±3300

3.2.2.8 Max	Controllable	Speed

– Pitch:	1200/s;	Pan: 1800/s

3.2.3 Camera

3.2.3.1 Name

– X3

3.2.3.2 Model

– FC350

3.2.3.3 Total	Pixels

– 12.76M

3.2.3.4 Effective	Pixels

– 12.4M31 3.2.3.5 Image	Max	Size

– 4000x3000

3.2.3.6 I S O R a ng e

– 100

- -- 3200

3.2.3.7 Field	of	View

- -- 940

3.2.3.8 CMOS

– Sony	EXMOR 1/2.3”

3.2.3.9 HD	Video	Recording

– UHD(4K):	4096x2160p24/25, 3840x2160p24/25/30;	FHD:	1920x1080p24/25/30/48/50/60;

HD: 1280x720p24/25/30/48/50/60

3.2.3.10 Operating	Temperature	Range

- -- 320F

- -- 1040F (0 0 C

- -- 400C)

3.2.4 Transmitter

3.2.4.1	Name

– C1

3.2.4.2 Op er at i ng Fre qu e ncy

– 5.728

- --5 .850GHz;	2.400

- -- 2.483GHz

3.2.4.3 Communicating	Distance	(unobstructed)

– 2000m

3.2.4.4 Output	Power

– 9W

3.2.4.5 Operating Temperature Range

- -- 140F to 1040F (

- --100C to 400C)

3.2.4.6 Battery

– 600mAh	LiPo 2S32 APPENDIX

– D

DJI PHANTOM 2 MANUFACTURER’S USER MANUAL

User manual can be found at:

http://download.dji

- innovations.com/downloads/phantom_2/en/PHANTOM2_User_Manual_v1.4_en.pdf33 APPENDIX

– E

DJI INSPIRE 1 MANUFACTURER’S USER MANUAL

User manual can be found at:

http://download.dji

- innovations.com/downloads/inspire_1/en/Inspire_1_User_Manual_v1.2_en.pdf34 APPENDIX

– F

MONTHLY	MAINTENANCE LOG

month: year:

UAS	#: Date	Issue

Discovered Date	Issue

Addressed Issue	Description	&	Maintenance Conducted Maintenance	Performed By:

Print	& Sign

Software	Updates

Airframe

Engines

Propellers

Camera	Gimbal

Landing	Gear

Vibration	Dampening

Other: