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UNITED STATES OF AMERICA DEP ARTMENT OF TRANSPORTATION

FEDERAL AVIATION ADMINISTRATION

WASHINGTON, DC

Regulatory Docket No.

IN THE MATTER OF THE PETITION FOR EXEMPTIO N OF: EDWARD J. BATIS & ASSOCIATES, INC.

FOR AN EXEMPTION SEEKING RELIEF FROM THE REQUIREMENTS OF TITLE 14 OF THE

CODE OF FEDERAL REGULATIONSSECTIONS 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 OPERATIONDJI Inspire 1 and DJI Phantom 3 UNMANNED AIRCRAFT SYSTEMS and a BLANKET EXEMPTION FOR UAS OPERATION LESS THAN 55 POUNDS, DAYLIGHT OPERATION, VLOS,

VFR AND BELOW 200 FEET AGL.

PURSUANT TO SECTION 333 OFTHE FAA MODERNIZATION AND REFORM ACT OF

2012 (PUBLIC LAW 112-95) Subm itted on January 8, 2016

EDWARD J. BATIS & ASSOCIATES, INC. 313 N. Chicago Street Joliet, Illinois 60432

Phone: (815) 726-1455 x 9304 joe@batisappraisals.com

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TABLE OF CONTENTS

GLOSSARY OF ABBRE VIATIONS ..................................................................................................... ............................. 3

SUMMARY ....................................................................................................................... .................................................. 4

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

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

BASIS FOR P ETITION ............................................................................................................ ........................................... 5

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

THE SPECIFIC SECTIONS OF 14 C.F.R. FROM WHICH EDWARD J. BATIS & ASSOCIATES, INC. SEEKS
EXEMPTION ..................................................................................................................... .................................................. 6

THE EXTENT OF RELIEF EDWARD J. BATIS & ASSOCIATES, INC. SEEKS AND THE REASON
EDWARD J. BATIS & ASSOCIATES , INC. SEEKS THE RELIEF ........................................................................... ...... 8

THE REASONS WHY GRANTING EDWARD J. BATIS & ASSOCIATES, INC’S. REQUEST WOULD BE IN

THE PUBLIC INTEREST; THAT IS, HOW IT WOULD BENEFIT THE PUBLIC AS A WHOLE ............................. 11 1

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 EDWARD J. BATIS & ASSOCIATES, INC. SEEKS

EXEMPTION ..................................................................................................................... ................................................ 12

TECHNICAL SPECIFICATIONS OF THE DJI UAS AIRCRAFT .............................................................................. .... 13

THE REASONS WHY THE DJI UAS AIRCR AFT MEET THE CONDITIONS OF THE FAA MODERNIZATION AND REFORM ACT OF 2012 (FMRA) SECTION 333

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

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

A SUMMARY THAT CAN BE PUBLISHED IN THE FE DERAL REGISTER STATING: THE RULES FROM
WHICH EDWARD J. BATIS & ASSOCIA TES, INC. SEEKS EXEMPTION ................................................................ 18

CONCLUSION .................................................................................................................... .............................................. 19

APPENDIX – A .................................................................................................................. ............................................... 20

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GLOSSARY OF ABBREVIATIONS

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 National Airspace System

NOTAM Notice to Airman
PIC Pilot In Command Section 333 FAA Modernization and Reform Act of 2012 (FMRA) SO Safety Observer SOP Standard Operating Procedures

UA Unmanned Aircraft UAS Unmanned Aircraft System VFR Visual Flight Rules

VLOS Visual Line of Site VMC Visual Meteorological Conditions VTOL Vertical Takeoff and Landing
DJI UAV manufacturer ESC Electronic speed control

FPV First Person View LI-PO Lithium Polymer battery

RCV Radio Controlled vehicle

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SUMMARY

EDWARD J. BATIS & ASSOCIATES, INC. seeks exemption fr om 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 Moderniza tion and Reform Act of 2012 (FMRA). This exemption will permit EDWARD J. BATIS & ASSOCIATES, INC. to operate an Unmanned Aircraft System (UAS) for the commercial purpose of conducting aerial video and photography in support of its real estate appraising and consulting business activities

in and around the State of Illinois.

INTRODUCTION AND INTERESTS OF THE PETITIONER

EDWARD J. BATIS & ASSOCIATES, INC.’s primary business is real estate appraising a nd consulting. The company incorporated in 1973. The company has been owned and opera ted by Joseph E. Batis since 1990. Joseph E. Batis is 53 years old, is the President of the corporation, and its primary appraiser. Joseph E. Batis hol ds the MAI designation from the Appraisal Institute, the R/W-AC Certifi cation from the International Right of Wa y Association, and holds the General

Certification license from the State of Illi nois. The company’s primary market area is Illinois. The company specializes in land appraisals, condemnation assignments, and expert testimony for ener gy companies and governmental agencies.

For purposes of its real estate appraisa l and consulting business, EDWARD J. BATIS & ASSOCIATES, INC. proposes to use the UAS for purposes of viewing properties, inspecting prop erties, taking aerial photography an d videography, and collecting agricultural data. These uses will be for real estate appraisa l, consulting, marketing, land an alysis, property inspections, n ew construction progress reports and inspections, building inspec tions, and land development a nd construction inspections. EDWARD J. BATIS & ASSOCIATES, INC. does not propose to operate the UAS for a ny business associated with motion picture filming/production.

BACKGROUND

Unmanned Aircraft Systems: DJI Inspire 1 (Hereafter the DJI UAS Aircraft)

EDWARD J. BATIS & ASSOCIATES, INC. seeks an exemption to operate DJI Inspire 1 UAS sy stems for compensation or hire within the NAS. The DJI Insp ire 1is a vertical takeoff and landing (VTOL) Unmanned Aircraft (UA) with a Ground Control Station (GCS) utilizing el ectronic tablet or smart phone systems. DJI Inspire 1 has a maximum gross weight of 6.5 pound, a length of 17.3 inches, width of 17.7 inches, height of 11.8 inches, and a maximum speed of approximately 22 m/s.

EDWARD J. BATIS & ASSOCIATES, INC. does not propose to operate the UAS for any busi ness associated with motion picture filming/production.

The DJI Inspire 1 will be operated by EDWARD J. BATIS & ASSOCIATES, INC. and is registered with the FAA (UAS Certificate Number: FA3ML9M49N).

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BASIS FOR PETITION

Petitioner, EDWARD J. BATIS & ASSOCIATES , INC., pursuant to the provisions of the Federal Aviation Regulations (14 C.F.R. § 11.61) and the FAA Modernization and Reform Act of 2012 (FMR A), Section 333, Special Rules for Certain Unmanned Aircraft Systems, hereby petitions the Administrator to commerciall y operate the DJI UAS Aircraft in the National Airspace System (NAS), and for an exemption from the requirements of 14 C.F.R §§ 61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b).

In consideration of the speed, weight , size, and limited operating area associat ed with the unmanned aircraft and its operation, EDWARD J. BATIS & ASSOCIATES, INC.’s operation of th e DJI UAS Aircraft 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, EDWARD J. BATIS & ASSOCIATES, INC. re quests 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 onl y apply to aircraft

with an airworthiness certificate.

EDWARD J. BATIS & ASSOCIATES, INC. submits that the request ed relief is proper since an equivalent level of safety

will be ensured. EDWARD J. BATIS & ASSOCIATES, INC. will use experienced personnel or technicians to perform maintenance, alterations, or preventive maintenance on the UASs using the methods, techniques, and practices prescribed in the operating documents.

Relief from certain requirements of Sectio n 61.113(a) and (b), entitled Private pilo t privileges and limitations: Pilot in command, is requested by EDWARD J. BATIS & ASSOCIATES, INC. to the extent necessary to allow a Pilot in Command (PIC) with significan t experience in the field of UAV’s, and who has demonstrat ed, by meeting minimum flight-hour and currency requirements, th at the PIC is able to safely operate the DJI UAS Aircraft in a manner consistent with this exemption, including evasive and emergency maneuvers and maintaining appropriate dist ances from people, vessels,

vehicles and structures.

EDWARD J. BATIS & ASSOCIATES, INC. seek s relief from Section 91.7(a), entitled Ci vil aircraft airworthiness, because

the DJI UAS Aircraft do not require an airworthiness certificat e in accordance with 14 C.F.R. Part 21, Subpart H. As such, EDWARD J. BATIS & ASSOCIATES, INC. submits that it will ensure the DJI UAS Aircraft is in an airworthy condition, prior to every flight, by determining th at the UAS is in compliance with the operating documents and that the aircraft are in a condition for safe flight.

EDWARD J. BATIS & ASSOCIATES, INC. al so seeks an exemption fro m the requirements of Section 91.121, entitled Altimeter Settings, DJI UAS aircraft will not have a typical barometric altimeter onboard. Howe ver, altitude information of

the DJI UAS Aircraft will be provided to the PIC via Global Positioni ng System (GPS) equipment and radio communications telemetry data link, which downlinks from the UA to the GCS for activ e monitoring of the flight path. This altitude information, combin ed with EDWARD J. BATIS & ASSOCIATES, INC. operation of the DJI UAS Aircraft within visual line of sight, at or below 400 feet AGL, will ensure a level of safety equivalent to Section 91.121.

Additionally, EDWARD J. BATIS & ASSOCIATES, INC. seeks an exemption from the requirements of Section 91.151(b), entitled Fuel requirements for flight in VFR conditions. EDWARD J. BATI S & ASSOCIATES, INC. submits that safety will not be affected by operation of the DJI UAS Aircraft during daylight hours in visual me teorological conditions (VMC) under visual flight rule s (VFR), with enough battery power to fly for a total duration of appr oximately 15 minutes to the first point of intended la nding and, assuming normal cruising speed, to fly after that for at least 5minutes.

In accordance with 14 C.F.R. § 11.81, EDWARD J. BATIS & ASSOCIATES, INC. provides the following information in support of its petition for exemption:

NAME AND ADDRESS OF THE PETITIONER

The name and address of the Peti tioner and point of contact is:

EDWARD J. BATIS & ASSOCIATES, INC., 313 N. Chicago Street, Joliet, IL 60432 Contact Person: Joseph E. Batis, President and Owner
Mobile Phone: 815-545-7197 joe@batisappraisals.com

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THE SPECIFIC SECTIONS OF 14 C.F.R. FROM WHICH

EDWARD J. BATIS & ASSOCIATES, INC. SEEKS EXEMPTION

EDWARD J. BATIS & ASSOCIATES, INC. Seeks Exem ption From The Requirements Of Section 61.113(a)

And (b).

Section 61.113, entitled Private pilot priv ileges and limitations: Pilot in command, subsections (a) and (b) prescribe the following, in relevant part:

No person who holds a private pilot certific ate may act as a pilot in command (PIC) of an aircraft that is carrying passengers

or property for compensation or hire; nor may th at person, for compensation or hire, act as PIC of an aircraft. 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.

EDWARD J. BATIS & ASSOCIATES, INC. Seeks Exem ption From The Requireme nts Of Section 91.7(a).

Section 91.7, entitled Civil ai rcraft airworthiness, subsec tion (a), states the following:

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

EDWARD J. BATIS & ASSOCIATES, INC. Seeks Exempt ion From The requirements Of Section 91.121.

Section 91.121, entitled Altimeter settings, subs ection (a), states the following, in part:

Each person operating an aircraft shall ma intain the cruising altitude or flight level of that aircraft, as the case may be, by reference to an altimeter that is set, when operating—Below 18,000 feet MSL, to (i) the current reported altimeter setting of a st ation along the route and within 100 nautical mile s of the aircraft; (ii) If there is no station within the area prescribed in paragraph (a)(1)(i) of this section, the cu rrent reported altimeter se tting of an appropriate

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

EDWARD J. BATIS & ASSOCIATES, INC. Seeks Exem ption From The Requirements Of Section 91.151(b).

Section 91.151, entitled Fuel requireme nts for flight in VFR conditions, s ubsection (b), states the following:

(b) No person may begin a flight in a rotorcraft unde r VFR conditions unless (cons idering wind and forecast

weather conditions) there is enough fuel to fly to the fi rst point of intended landi ng and, assuming normal cruising speed, to fly after that for at least 20 minutes.

EDWARD J. BATIS & ASSOCIATES, INC. Seeks Exem ption From The Requiremen t Of Section 91.405(a).

Section 91.405, entitled Maintenance requir ed, subsection (a), states the following:

Each owner or operator of an aircraft—

Shall have that aircraft inspected as prescribed in subpart E of this part and shall be tween required inspections,
except as provided in paragraph (c) of this s ection, have discrepancie s repaired as prescribed in part 43 of this chapter.

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EDWARD J. BATIS & ASSOCIATES, INC. Seeks Exempt ion From The Requirements Of Section 91.407(a)(1)

Section 91.407, entitled Operation after main tenance, preventive maintena nce, rebuilding, or alte ration, subsection (a)(1),

states the following:

(a) No person may operate any ai rcraft that has undergone maintenance, preventive maintenan ce, rebuilding, or

alteration unless—(1) It has been approved for return to service by a person authorized under § 43.7 of this chapter.

EDWARD J. BATIS & ASSOCIATES, INC. Seeks Exemption From The Requirements Of Se ctions 91.409(a)(1) And 91.409(a)(2).

Section 91.409, entitled Inspections, subsection (a), states the following:

Except as provided in paragraph (c) of this section, no pe rson may operate an aircraft unless, within the preceding

12 calendar months, it has had -- An annual inspection in acco rdance with part 43 of th is chapter and has been approved for return to service by a person authorized by § 43.7 of this chapter; or An insp ection for the issuance of

an airworthiness certificate in accord ance with part 21 of this chapter.

EDWARD J. BATIS & ASSOCIATES, INC. Seeks Exemptio n From The Requirements Of Sections 91.417(a) And 91.417(b).

Section 91.417, entitled Maintenance records, su bsections (a) and (b), states the following:

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:

Records of the maintenance, preven tive maintenance, and alteration an d records of the 100-hour, annual, progressive, and other required or approved insp ections, as appropriate, for each aircraft (incl uding the airframe) and each engine, propeller, rotor, and appliance of an aircraft. The records must include--

 A description (or reference to da ta acceptable to the Administrato r) of the work performed; and

 The date of completion of the work performed; and

 The signature and certificate number of the person approving the aircraft for return to service.

 Records containing the following information:

 The total time in service of the airframe, e ach engine, each prop eller, and each rotor.

 The current status of life-limited parts of each airframe, engine, propeller, rotor, and appliance.

 The time since last overhaul of all items instal led on the aircraft whic h are required to be

overhauled on a specified time basis.

 The current inspection status of the aircraft, in cluding the time since the last inspection required by the inspection program under which the aircra ft and its appliances are maintained.

 The current status of applicable airworthiness directives (AD) and safety directives including, for each, the method of compliance, the AD or safety dir ective number and revision date. If the AD or safety directive involves recurring action, the time and da te when the next action is required.

 Copies of the forms prescribed by § 43.9(d) of this chapter for each major alteration to the airframe and currently installed engines, rotors, prope llers, and appliances. The owner or operator shall retain the following records for the periods prescribed: The r ecords 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.

 The records specified in paragraph (a)( 2) of this section shall be retained and transferred with the aircraft

at the time the aircraft is sold. A list of defects furnishe d 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.

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THE EXTENT OF RELIEF EDWARD J. BA TIS & ASSOCIATES, INC. SEEKS AND

THE REASON EDWARD J. BATIS & ASSOCIATES, INC. SEEKS THE RELIEF

Extent of Relief EDWARD J. BATIS & ASSOCIATES, INC. Seeks and The Reason EDWARD J. BATIS & ASSOCIATES, INC. 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 hold ing a private pilot or higher level certificat e, as well as a current and valid airman medical certificate, and who has met certain flight-hou r and currency requirements, to conduct the proposed UAS flight operations for compensation or hire.

This relief is requested since the limitations set forth in S ection 61.113(a) and (b) state th at 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 ca rry passengers or property for compensation or

hire.

As set forth more fully below, EDWARD J. BATIS & ASSOCIATES, INC. submits that an equiva lent level of safety will

be maintained because no PIC will be allowed to operate the 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 Inspire 1 UAS in a manner consistent with the operations sp ecifications as described in this exemption, including evasive and emergency maneuvers, as well as maintaining appropriate distances from people, vessels, vehi cles and structures.

Further, EDWARD J. BATIS & ASSOCIATES, INC. submits th at all flights of DJI UAS ai rcraft, conducted by the PIC pursuant to the grant of this Petition: (1) will be incidental to EDWARD J. BATIS & ASSOCI ATES, INC. business; and (2) will not carry passengers or property for compensation or hire.

Extent of Relief EDWARD J. BATIS & ASSOCIATES, INC. Seeks and The Reason EDWARD J. BATIS & ASSOCIATES, INC. Seeks Relief from Section 91.7(a).

Relief from Section 91.7(a) entitled Civil ai rcraft airworthiness, is requested to the extent required to allow EDWARD J. BATIS & ASSOCIATES, INC. to determine that the DJI UAS Aircraft are in airworthy condition prior to every flight by ensuring that the UAS is in compliance with the operating documents (i.e., the EDWARD J. BATIS & ASSOCIATES, INC. Aerial Operations Manual, Monthl y Maintenance Log, and DJI UAS Aircraft Instru ction Manual).

EDWARD J. BATIS & ASSOCIATES, INC. seeks the requested relief because the DJI UAS Ai rcraft do not require an

airworthiness certificate in accordance with 14 C.F.R. Part 21, Subp art H. Therefore, EDWARD J. BATIS & ASSOCIATES, INC. will ensure that the DJI UAS Aircraft are in airworthy condition based up on its compliance with the operating documents (i.e., Monthl y Maintenance Log, and DJI U AS Aircraft Instruc tion 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.

Extent of Relief EDWARD J. BATIS & ASSOCIAT ES, INC Seeks and The Reason EDWARD J. BATIS & ASSOCIATES, INC. Seeks Relief from Section 91.121.

Relief from Section 91.121, entitled Altimete r settings, may be required to allow fli ght operations of the DJI UAS Aircraft,

which utilize a barometric pressure sensor, GPS equipment, and a radio communicati ons telemetry data link to downlink

altitude information from the UA to the PIC at the ground control station (GCS). Since the FAA requires that any altitude

information concerning UAS operations be reporte d to air traffic control (ATC) in feet above ground level (AGL), EDWARD J. BATIS & ASSOCIATES, INC. seeks the requested relief because the DJ I UAS Aircraft altimeter may be set on the ground to zero feet AG L, 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 ex tent necessary to comply with the applicable conditions and limita tions stated below. As more fully set forth herein, an e quivalent level of safety will be maintained since the DJI UAS Aircraft are equipped with a barometric pr essure 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.

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Extent of Relief EDWARD J. BATIS & ASSOCIATES , INC. Seeks and The Reason EDWARD J. BATIS & ASSOCIATES, INC. Seeks Reli ef from Section 91.151(b).

Relief from Section 91.151(b) entitled Fuel re quirements for flight in VFR conditions, is requested to the extent required to

allow flights of the battery powered DJI U AS Aircraft during daylight hours in visual meteorol ogical conditions (VMC),

under visual flight rules (VFR), for a total durati on of 15 minutes to the first point of intended landing and, assuming normal cruising speed, to fly after that for at least 5 minutes. EDWARD J. BATIS & ASSOCIATES, INC. seeks the requested relief because without an exemption from Section 91.151(b), the flight time duration of th e battery powered DJI UAS Aircraft will severely constrain the pr acticality of any aerial video or still photo flight opera tions that EDWARD J. BATIS & ASSOCIATES, INC. proposes to conduct pursuant to this Petition.

Significantly, as set forth below, the te chnical specifications of the DJI UAS Ai rcraft operating documents, and EDWARD J. BATIS & ASSOCIATES, INC. proposed operating limitati ons, ensure that EDWARD J. BATIS & ASSOCIATES, INC. will safely operate the batt ery powered DJI UAS Aircraft during daylight hours in visual meteorological conditions (VMC), under visual flight rules (VFR), with enough battery power to fly for a total duration of 15 minutes to the first point of intended landing and, assumi ng normal cruising speed, to fly after that for at least 5 minutes.

Extent of Relief EDWARD J. BATIS & ASSOCIATES , INC. Seeks and The Reason EDWARD J. BATIS & ASSOCIATES, INC. Seeks Relief from Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), And 91.417(a) & (b).

Since Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2 ), and 91.417(a) & (b) only a pply to aircraft with an

airworthiness certificate, EDWARD J. BATIS & ASSOCIATES, INC re quests relief from these Sections because the DJI UAS Aircraft do not require airworthin ess certificates. As set forth mo re fully below, DJI UAS Aircraft meet the conditions of FMRA Section 333 for operation w ithout an airworthiness certificate.

Accordingly, EDWARD J. BATIS & ASSOCIA TES, INC. will use trained technicians to perform maintenance, alterations, or preventive maintenance on the UASs using the methods, t echniques, and practices pres cribed in the UAS operating documents (i.e., the EDWARD J. BATIS & ASSOCIATES, INC. Aerial Operations Manual, Monthly Maintenance Log,

and DJI UAS Aircraft Instruction Manual). Fu rthermore, EDWARD J. BATIS & ASSOCIATES, INC. will document and

maintain all maintenance reco rds for the DJI UAS Aircraft.

THR REASONS WHY GRANTING EDWARD J. BATIS & ASSOCIATES, INC.’S REQUEST WOULD BE IN THE PUBLIC INTEREST; THAT IS, HOW IT WOULD BENEFIT THE PUBLIC AS A WHOLE.

Granting the present Petition will furthe r the public interest by allowing EDWA RD J. BATIS & ASSOCIATES, INC. to safely, efficiently, and economically perform aerial video and photography of cons truction sites, real estate, and landscape

over certain areas of the United States.

Additionally, use of the DJI UAS Aircraft will decrease congestion of the NAS, reduce pollution, and provide significant

benefits to the economy. Notably, the benefits of EDWARD J. BATIS & ASSOCIATES, INC. proposed operation of the

DJI UAS Aircraft will be realized without implicating any privacy issues.

The Public Will Benefit from Decreased Congestion of The NAS.

DJI UAS Aircraft are battery po wered and serve as a safe, efficient, and ec onomical alternative to the manned aircraft traditionally utilized to obtain aerial imagery. By reducing the amount of manned ai rcraft needed to perform aerial acquisitions, an exemption allowing the use of a DJI UAS Aircraft would redu ce 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 aircraft operati ng in the NAS, congestion around airports caused by arriving and departing aircraft will be reduced. The DJI UAS Aircraft do not require an air port to takeoff or land. Likewise, a

reduction of manned aircraft conduc ting aerial video and photography missions would result in fewe r aircraft that must be handled by air traffic contro l during the ground, takeoff, departure, arrival, and landing phases of flight operations.

### 10 The Public Will Benefit from The Safety and Efficiency of The DJI UAS Aircraft

Conducting aerial acquisitions with the DJI UAS Aircraft, instead of manned aircraft, will grea tly 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 UAS Aircraft produce no air pollution, and is the most viable environmentally conscious alternative to the cabin class, six cyli nder internal combustion e ngine aircraft that are typically utilized for aerial video and photography, while burning approximately 20-30 gallons per hour of leaded aviation fuel. The DJI UAS aircraft, while reducing the carbon footprint of aerial acquisitions, also elimin ates noise pollution, as the UAs are propelled by battery powered electric motors, rather than an internal combustion engine.

By using the DJI UAS Aircraft to perform aerial acquisitions, th e substantial risk to life and property in the air and on the ground, which is usually associated with trad itional manned aircraft f light operations, will be substantially reduced or completely eliminated. Aside from the lack of f light crew members located onboard the aircraft, the DJI UAS Aircraft (weighing approximately 6 pounds 7.5 ounces, at its maximum gross weight with a length of 17.3 inches, a width of 17.7 inches, and with no fuel on board), has less physical potential for collateral da mage to life and property on the ground, and in the air, compared to the manned aircraft that typically conduct similar operations (wei ghing approximately 6,000 pounds with a wingspan of approximately 42 feet, a length of 34 feet, and a fuel capacity of 180 gallons).

Performing Aerial Video and Photog raphy Operations with The DJI UAS Aircraft Will Benefit the Economy.

In addition to being safe and e fficient, the DJI UAS Aircraft are also an economi cal alternative to usin g manned aircraft to

conduct similar aerial operations. As such, opera tion of the DJI UAS Aircraft will allo w United States based companies, like EDWARD J. BATIS & ASSOCIATES, INC., to remain competitive and contribut e to growth of the U.S. economy. Specifically, with the rising cost of aviation fuel and the Environmental Protection Agency (“EPA”) regulator y actions phasing out leaded aviation fuels, U.S. owned and operated companies mu st adopt new and alternative technology in order to remain competitive. Operating the battery powered DJI UAS Aircraft is one such technology that not only allows companies gr eater operational flexibility compared to manned aircraft, but provi des such flexibility without the high operati onal cost of a traditional manned aircraft.

By operating the DJI UAS aircraft, petitioners such as ED WARD J. BATIS & ASSOCIATES, INC. can remain competitive and profitable, and therefore, provide greater job stability to employees and c ontractors, which will ultimately contribute to growth of the U.S. economy. Improved financial performance of U.S. companies, through commercial use of the DJI UAS Aircraft, provides a stable workforce that increases consumer spending; improves local, state, and fede ral tax revenues; and allows companies to i nvest in research and development in order to remain competit ive both in the United States and abroad.

There Are No Privacy Issues.

Similar to the manned aerial acquisition f light operations that have been conducted for decades, EDWARD J. BATIS & ASSOCIATES, INC. proposed operation of the DJI UAS Aircraft will not imp licate any privacy issues. Specifically, the DJI

UAS Aircraft will be operated only in compliance with operating documents (i.e., the EDWARD J. BATIS & ASSOCIATES, INC. Aerial Operations Ma nual, Monthly Maintenance Log, and DJI UAS Aircraft In struction Manual) which requires property owner involvement as well as local law enforcement notification, and in accordance with the Federal Aviation Regulations, including the minimum a ltitude requirements of 14 C.F.R. § 91.119.

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 EDWARD J. BATIS & ASSOCIATES, INC. SEEKS EXEMPTION

Reasons Why The DJI UAS Aircraft Me et the Conditions of The FAA Mod ernization 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, EDWARD J. BATIS & ASSOCIATES, INC. operation of th e DJI UAS Aircraft 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 certifi cation and sets fort h requirements for considering whether a UAS will create a hazard to us ers of the NAS or the public, or ot herwise pose a threat to national security. Specifically, FMRA Section 333 states the following, in part:

### 11 In General. --Notwithstanding a ny other requirement of this subtitle, and not la ter than 180 days after the date of enactment

of this Act, the Secretary of Transportation sh all determine if certain unm anned aircraft systems ma y operate safely in the

national airspace system before completion of th e plan and rulemaking required by s ection 332 of this Act or the guidance required by section 334 of this Act.

Assessment of Unmanned Aircraft System s. --In making the determination under su bsection (Secretary shall determine, at

a minimum—

which types of unmanned aircraft system s, if any, as a result of their size, weight, speed, operational capability, proximity to airports and populated areas, and operation within vi sual line of sight do not create a hazard to users

of the national airspace system or the public or pose a threat to national security; and

whether a certificate of waiver, certi ficate of authorization, or airwor thiness certification under section 44704 of title 49, United States Code, is required fo r the operation of unmanned aircraft systems identified under paragraph (1). Requirements for Sa fe Operation. —

If the Secretary determines under this sec tion that certain unmanned aircraft syst ems may operate safely in the national airspace system, the Secretary shall establish requirements for the safe operation of such aircra ft systems in the national airspace system.

In seeking this exemption, EDWARD J. BATIS & ASSOCIA TES, INC. submits that the DJI UAS Aircraft can operate safely in the NAS pursuant to FMRA Section 333, as demonstrated by: (a) th e characteristics of the DJI UAS aircraft; (b) the pilot certification requirement; and (c) the specific operating limitations.

The Specifications of The DJI UAS Aircraft Demonstrate Its Safe Characteristics.

The DJI UAS Aircraft do not create a hazard to users of th e NAS or the public, or otherwis e pose a threat to national security considering its size, weight, speed, and operational capability.

TECHNICAL SPECIFICATIONS OF THE DJI UAS AIRCRAFT

The technical specifications of the DJI UA S Aircraft are set forth by the DJI UAS airc raft User Manual, attached hereto as Appendix A

.

The DJI UAS Aircraft Autonomous Flight and Navigation Modes Enable The UASs to Remain Within a Defined Operational Area.

The DJI UAS Aircraft may be ope rated in both manual and fully autonomous fli ght 16 modes. A comple te description of the flight and navigational modes of the DJI UAS Aircraft provided in the User Manua l, attached hereto as Appendix A.

The DJI UAS Aircraft Are Designed for Auto matic Return to Home Point or Hover in The Event of Lo ss of the Control

Link or Navigation.

When the Control Link is lost, the DJI UAS Aircraft will remain stationary, in f light, for 3 seconds or more. If, after 3 seconds, the DJI UAS Aircraft do not reacqui re control link data from the GCS, the UA s will assume that the Control Link is

lost and the UAs will return to the home position (i.e., failsafe mode) vi a GPS, and will descend to the takeoff position and

shutdown.

A complete description of the Failsafe Func tions of the DJI UAS aircraft are describe d in the User Manual, attached hereto

as Appendix A

.

### 12

DJI UAS Aircraft GCS Operation.

Inspire 1 GCS and flight control software is provided in the User Manual for the DJI UAS aircraft a ttached hereto as Appendix A.

Flight Operations of DJI UAS Aircraft are Limited to The Line of Sight of a Certific ated Pilot in Command with A Safety Observer.

EDWARD J. BATIS & ASSOCIATES, INC. employees or subcont ractors will be the only persons to act as a pilot in command (PIC) of DJI UAS Aircraft.

Flights of DJI UAS Aircraft W ill Be Conducted Pursuant to Specific Operating Limitations.

In seeking this exemption, EDWARD J. BATIS & ASSO CIATES, INC. proposes to commercially operate DJI UAS Aircraft for the special purpose of conducting aerial video and photography over cer tain 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 th an 55 pounds maximum gross weight: DJI UAS AIRCRAFT. Proposed operations of any other aircra ft 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 indi cated airspeed exceeding 45 knots.

4. The UA must be operated at an altitude of no more than 400 feet above ground level (AGL), as indicated by the procedures specified in the operating documents 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 al l times. This requires the PIC to be

able to use human vision unaided by any device other than corrective lenses, as specified on the PIC’s FAA-issued

airman medical certificate.

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

7. All operations must utilize a safety observer (SO). The SO 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 permitte d during flight operations. The PIC must be designated before the flight and cannot transfer his or her designation for the duration of the flight. The PIC must ensure that the SO can perform the functions prescribed in the operating documents.

8. The SO must not perform any other dutie s beyond assisting the PIC with seei ng and avoiding othe r air traffic and
other ground based obstacles/ obstructions and is not permitted to operate the camera or other instruments. The operating documents and the grant of exemption must be accessible during UAS operations and made available to the Administrator upon request.
If a discrepancy exists between the conditions and limitations contained in the grant of exemption and the procedures outlined in the operati ng documents, the conditions and lim itations contained in the grant of exemption take precedence and must be followed. Otherwise, the operator must follow the proc edures as outlined in its operating documents. The operator may update or revise its ope rating documents. It is the operator’s responsibility

to track such revisions and present updated a nd revised documents to the Admini strator upon request. The operator

must also present updated and revised documents if it petiti ons for extension or amen dment 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.

### 13

9. Prior to each flight the PIC mu st 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 foun d to be in a condition for safe flight. The Ground

Control Station must be included in the Preflight inspection. All maintenance and alterations must be properly

documented in the aircraft records.

10. Any UAS that has undergone main tenance or alterations that affect the UAS operation or flight characteristics, e.g. replacement of a flight critical com ponent, must undergo a functional test flight. The PIC who conducts the

functional test flight must make an entr y in the aircraft records.

11. 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.

12. The operator must follow the UAS manuf acturer’s aircraft/component, main tenance, overhaul, replacement, inspection, and life limit requirements.

13. The operator must carry out its maintenance, inspections , and record keeping require ments, in accordance with

the operating documents. Maintenance, in spection, alterations, and status of replacement/overhaul component parts must be noted in the aircraft records, in cluding total time in service, desc ription of work accomplished, and the signature of the authorized person returning the UAS to service.

14. Each UASs operated under this exemption must comply with all manufact urer Safety Bulletins.

15. The authorized person must make an en try in the aircraft record of the corr ective action taken ag ainst discrepancies discovered between inspections. 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 th e UAS in a manner consistent with

how the UAS will be operated under the exemption, including evas ive and emergency mane uvers and maintaining appropriate distances from persons, vessels, vehicles a nd structures. PIC qualification flight hours must be logged

in a manner consistent with 14 C.F.R. § 61.51(b). Flights for the purpo ses of training the operator’s PICs are permitted under the terms of the exemption. However, training operations may only be conducted during dedicated training sessions. During training, proficiency, and experience- building flights, all persons not essential for flight operations are considered nonparticipants, and the PIC must operate the UA with appropriate distance from nonparticipants in accordan ce with 14 C.F.R. § 91.119.

16. UAS operations may not be conducted duri ng night, as defined in 14 C.F.R.

17. § 1.1. All operations must be conducte d under visual meteorol ogical 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.

18. The UAV may not operate within 5 nau tical miles of an airport referen ce point 19 as denoted on a current FAApublished 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 th e operator’s COA. The letter of agreement with the airport management must be made available to the Administrator upon request.

19. The UAV 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.

20. If the UAV loses communications or loses its GPS signal, it must return to a pre- determined lo cation within the planned operating area and land or be recovered in accordance with the operating documents.

21. The PIC must abort the flight in th e event of unpredicted obstacles or emergencies in accordance with the operating documents.

22. The PIC is prohibited from beginning a flight unless (consideri ng wind and forecast weather conditions) there is enough power to fly at normal cruising speed to the inte nded landing point and land the UAV with 25% battery power remaining.

### 14

23. The operator must obtain an Air Traffi c Organization (ATO) issued Certificat e of Waiver or Authorization (COA) prior to conducting any operations under the gran t of exemption. This COA will also require the operator to request

a Notice to Airman (NOTAM) not more than 72 hours in advance, but not less than 48 hours prior to the operation. All operations shall be conducted in accordance with airspace requirements in th e ATO issued COA including class of airspace, altitude level and potential transponder requirements.

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

25. Before conducting operations, the ra dio frequency spectrum used for opera tion and control of the UAV must comply with the Federal Communications Commission (FCC) or other appropriate governme nt oversight agency requirements.

26. The documents required fewer than 14 C.F. R. 91.9 and 91.203 must be availabl e to the PIC at th e Ground Control

Station of the UAS any time the UAS is operating. These documents must be made availabl e to the Administrator or any law enforcement official upon request.

27. The UAV must remain clear and yield th e right of way to all manned aviation operations and activities at all times.

28. The UAV may not be operated by the PI C from any moving device or vehicle.

29. Flight operations must be conducted at least 500 feet from all nonpartic ipating persons (persons other than the PIC, SO, operator trainees or esse ntial persons), vessels, vehi cles, and structures unless:

30. Barriers or structures are present that sufficiently protect nonpar ticipating persons from the UAV and/or debris in

the event of an accident. The operator must ensure that nonparticipating pers ons remain under such protection. If

a situation arises where nonparticipating persons leave such protection and are w ithin 500 feet of the UA, flight operations must cease immediately and/or;

31. The aircraft is operated near vessels, ve hicles or structures where the owner/ controller of such vessels, vehicles or structures has granted permissi on 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;

32. Operations nearer to the PIC, SO, operator trainees or essential persons do not pres ent an undue hazard to those

persons per § 91.119(a).

33. All operations shall be conducted ove r private or controlled-access prop erty with permission from the land owner/controller or authorized represen tative. Permission from la nd owner/controller or aut horized representative

will be obtained for each flight to be conducted.

34. Any incident, accident, or flight opera tion that transgresses the lateral or vertical boundaries of the operational

area as defined by the applicable COA mu st be reported to the FAA's UAS In tegration Office (AFS-80) within

24 hours.

35. Accidents must be reported to the Na tional Transportation Safety Board (NTS B) per instructions contained on the

NTSB Web site: www.ntsb.gov.

### 15

THE REASONS WHY GRANTING THIS EXEMPTIO N WOULD NOT ADVERSELY AFFECT SAFETY

Reasons Why an Exemption from The Requirements of Section 61.113(a) And (b) Would Not Adversely Affect Safety

EDWARD J. BATIS & ASSOCIATES, INC. submits that the equi valent level of safety esta blished by Section 61.113(a) and (b) will be maintained because no PIC will be allowed to operate the DJI UAS Aircraft unless that PIC has demonstrated, by meeting minimum flight- hour and currency requirements, that the PIC is able to safely operate the DJI

UAS Aircraft in a manner consistent with the exemption, including evasive and em ergency maneuvers and maintaining appropriate distances from pe ople, vessels, vehicles and structures.

Considering EDWARD J. BATIS & ASSOCIATES, INC. propos ed area of operations, and the operating limitations set forth-above; the parallel nature of private pilot aeronautical knowledge requi rements to those of commercial pilot requirements (See Exemption No. 11062); and the airmanship skills necessary to safe ly operate the DJI UAS aircraft, EDWARD J. BATIS & ASSOCIATES, INC. su bmits that the training, preparation, practice, and experience of the

Petitioner is sufficient to meet th e requirements of the proposed use.

The FAA has previously granted relief from Section 61.113(a) and (b) sp ecific to UAS, in circumst ances 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).

EDWARD J. BATIS & ASSOCIATES, INC. will not allow any PI C to operate the DJI UAS Ai rcraft unless the PIC has demonstrated, by meeting minimum flight-hour requirements or th e DJI UAS Aircraft training and currency requirements, that the PIC is able to safely operate the DJI UAS Aircraft in a manne r consistent with this exemption, including evasive and em ergency maneuvers and maintaining appropriate distances fr om people, vessels, vehicles and

structures.

Specifically, the PIC must have accumulate d and logged, in a manner c onsistent with 14 C.F.R. § 61.51(b), 25 hours of total

time as a UAS rotorcraft pilot (with a mini mum 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 purposes).

As in Exemption Nos. 11062, 11138, an d 11153, prior documented flight experi ence that was obtained in compliance with applicable regulations will ensure an equivalent level of sa fety during EDWARD J. BATIS & ASSOCIATES, INC. proposed operations. The Administrator has held that prio r 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 th at prior to conducting oper ations for the purpose of motion picture filming (or similar operations), the PIC must have accumulated and logged, in a manner consistent with 14 CFR 61.51(b), 25 hours of

total time as a UAS rotorcraft pilot including at least 10 hours lo gged as a UAS pilot with a multi-rotor UAS. Prior to operations under Exemption No. 11062, the PIC must also have accu mulated and logged a mini mum 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 add itive; i.e. 5 hours make and model time may be

included in the 10 hours of multi-rotor time and the 10 hours may be included in the total 25 hours of UAS rotorcraft time. In addition to the hour requirements, the PIC must accomplish 3 takeoffs and landi ngs in the preceding 90 days (for currency purposes). The FAA fi nds that at a minimum, the flight-hour requirements in Exem ption No. 11062 are appropriate to practice and build proficiency in the skills necessary to safely conduct the petitioner’s pro posed operations. The FAA also finds that prior documented flight experience that was obtained in compliance with applicable re gulations would satisfy this requirement. Training, pr oficiency, and experi ence-building flights can also be conducted under the grant of exemption to accomplish the required flight time. Du ring training, proficiency, and experience- building flight s the PIC is required to operate the UAS with appropriate distan ces in accordance with 14 C.F.R 91.119.

Exemption No. 11138 at page 15.

Accordingly, EDWARD J. BATIS & ASSOC IATES, INC. will ensure safe operations by not allowing any PIC to operate

DJI UAS Aircraft unless that PIC has demonstrated, by meeti ng minimum flight-hour and curr ency requirements, that the PIC is able to safely operate the DJI UAS Aircraft in a manner c onsistent with the exempti on, including evasive and emergency maneuvers and maintaining appropriate distances from people, vessels , vehicles and structures.

### 16

Reasons Why an Exemption from The Requirements of Section 91.7(a) Would Not Adversely Affect Safety.

The equivalent level of safety establishe d by Section 91.7(a) will be maintained b ecause prior to every flight, EDWARD J. BATIS & ASSOCIATES, INC. will ensure that DJI UAS Aircraft is in an ai rworthy 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, 111 56, 11157, 11158, 11159, 11160, 11161).

Reasons Why an Exemption from The Requirements of Section 91.121 Would Not Ad versely Affect Safety.

The equivalent level of safety establis hed by Section 91.121 will be maintained beca use the altitude information of the DJI

UAS Aircraft will be provided to the PI C via GPS equipment and a radio communi cations 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 EDWARD J. BATIS & ASSOCIATES, INC. opera tion of the DJI UAS Aircraft w ithin visual line of sight, at or below 400 feet AGL, will ensure a level of safety equivalent to Secti on 91.121. The altitude information will be generated by GPS equipment installe d onboard the aircraft. Prior to each flight, a zero altit ude initiation point is automatically established by the UASs at ground level.

The FAA has previously granted relief from Section 91.121 specific to UAS, in 23 circ umstances 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).

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. Sec tion 91.151(b) as a result of (1) the technical specifications of the DJ I UAS Aircraft; (2) the limitations on the proposed flight operations; and (3) the

location of the proposed flight operations. Accordingly, EDWARD J. BATIS & ASSOCIATES, INC. will ensure that it will safely operate th e battery powered DJI UAS Aircraft during dayli ght hours in VFR conditions, with enough battery power to fly for a total duration of 15 minutes to the first point of intended landing a nd, assuming normal cruising speed, to fly after that for at least 5 minutes.

Here, as in Exemption No. 11109, the technical specifications of the DJI UAS Aircraft 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, safe ty will be ensured as the DJI UAS Ai rcraft provide a udible and visual warnings to the PIC at the GCS when the UAs experiences low battery volta ge, the first warning o ccurring at approximately 33% remaining battery power, and again at approxi mately 10% remaining batte ry power. At the critically low battery level,

the DJI Phantom Vision+ and DJI Phantom 3 UASs will descend and land automatically.

Significantly, previous exemptions grante d by the FAA concerning Section 91.151 esta blish that safety is not adversely

affected when the technical char acteristics and operating limitations of the UAS are consider ed. Relief has been granted for

manned aircraft to operate at less than the minimums prescribed in Section 91.151, in cluding Exemption Nos. 2689, 5745, and 10650. Moreover, the FAA has previously granted re lief 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, 11 150, 11153, 11156, 11157, 11158, 11159, 11160, 11161).

Reasons Why an Exemption from The Requirements of Sectio ns 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, EDWARD J. BATIS & ASSOCIATES, INC. N submits that the equivalent level of safety with regard to the regulatory maintenance and alteration requirements establishe d by Sections 91.405(a), 91.407(a)(1), 1.409(a)(1) & (a)(2), and 91.417(a) & (b) will be met because EDWARD J. BATIS & ASSOCIATES, INC. will use trained technicians to perform maintenance, alterations, or preventive maintenance on the UASs using the me thods, techniques, and practices prescribed in the operating documents (i.e., the EDWARD J. BATIS & ASSOCIA TES, INC. Aerial Operations Manual, Monthly Maintenance Log, and DJI UAS Aircraft Inst ruction Manual). Furthermore, EDWARD J. BATIS & ASSOCIATES, INC. will document and maintain all maintenance reco rds for the DJI UAS Aircraft UAS.

### 17

Since the DJI UAS Aircraft will be in spected as prescribed by the operating documents, EDWARD J. BATIS & ASSOCIATES, INC. will maintain the equivalent level of safety established by Sections 91.405(a), 91.409(a)(1), and 91.409(a)(2). A copy of the DJI UAS Aircraft User Manual is attached hereto as Appendix A; a copy of the DJI UAS

Aircraft Maintenance LOG is at tached hereto as Appendix B.

Likewise, the exemption sought will not adversely affect safety because EDWA RD J. BATIS & ASSOCIATES, INC. will

use trained technicians to perform maintenance, alterations or preven tive maintenance on the UAS using the methods, techniques, and practices prescribed by the operating documents.

Furthermore, the exemption sought would maintain an equivalent level of safety established by Sections 91.407, 91.417(a)

and 91.417(b), because all maintenance of the DJI UAS Aircraft will be performed by trained techni cians. Maintenance will

be documented and maintained utilizi ng the monthly maintenance log.

Significantly, previous exemptions gran ted by the FAA concerning Sections 91.405( a), 91.407(a)(1), 91.4 09(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 EDWARD J. BATIS & ASSOCIATES, INC. proposed operating limitati ons, the operating documents, and the technical aspects of the DJI UAS Aircraft, EDWARD J. BATIS & ASSOCIA TES, INC. submits that safety will not be adversely affected by gran ting 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 prev iously granted relief specific to UAS in circumstances similar, in all material respects, to those presented herein (e.g. Exempti on Nos. 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110, 11112, 11136, 11138, 11150, 11153, 11156, 11157, 11158, 11159, 11160, 11161).

The FAA May Prescribe Any Other Conditions for Safe Operation.

In accordance with Section 333 of the F AA Modernization and Reform Act of 201 2 (FMRA) and 14 C.F.R. § 21.16 entitled Special Conditions, EDWARD J. BATIS & ASSOCIATES, INC. requests that the FAA prescribe special conditions for the intended operation of the DJI UAS Ai rcraft UASs, which contain such safety standards that the Administrator finds necessary to establish a level of safety equivalent to that established by 14 C.F.R. Part 21, Subpart H, and 14 C.F.R §§ 61.113(a) & (b), 91.7 (a), 91.121, 91.151(b), 91.405(a), 91.4 07(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 St ates 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 security; and further, provides the au thority for such UAS to operate without airworthiness certificati on in accordance with any requirements that must be established for the safe operation of the UAS in the NAS.

Likewise, the Administrator may prescrib e special conditions pursuant to 14 C.F.R. § 21.16, for operation of the DJI UAS

Aircraft UASs, since the airworthiness regulations of 14 C.F.R. Pa rt 21 do not contain adequa te or appropriate safety standards, due to the novel or unusual design features of the aircraft. S ection 21.16, entitled Special Conditions, states the following:

If the FAA finds that the airworthiness regula tions of this subchapter do not contain ad equate or appropriate safety standards

for an aircraft, aircraft engine , or propeller because of a novel or unusual desi gn feature of the aircraft , aircraft engine or propeller, he prescribes special conditions and amendments thereto for the product. The special conditions are issued in

accordance with Part 11 of this chapter and contain such sa fety standards for the aircraft, airc raft engine or propeller as the FAA finds necessary to establish a level of safety equivalent to that estab lished in the regulations. See 14 C.F.R. § 21.16.

Therefore, in accordan ce with FMRA Section 333 and 14 C.F.R. § 21.16, the FAA may prescribe special conditions EDWARD J. BATIS & ASSOCIATES, INC. intended operation of the DJI UAS Aircraft, wh ich contain such safety

standards that the Admini strator finds necessary to establish a level of safety equivalent to that estab lished 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).

### 18

A SUMMARY THAT CAN BE PUBLISHED IN THE FEDERAL REGISTER STATING:

THE RULES FROM WHICH EDWARD J. BATI S & ASSOCIATES, INC. SEEKS EXEMPTION

EDWARD J. BATIS & ASSOCIATES, INC. seeks exemption from the requirements of 14 C.F. R Sections 61.113(a)&(b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a) (1) & (a)(2), and 91.417(a) & (b).

A Brief Description of the Nature of the Exem ption EDWARD J. BATIS & ASSOCIATES, INC. Seeks:

This exemption will permit EDWARD J. BATIS & ASSOCIATES, INC. to commercially ope rate an Unmanned Aircraft System (UAS) for the purpose of conducting aerial video and photography over certain areas of the United States.

Any Additional Informatio n, Views, Or Arguments Available to Support EDWARD J. BATIS & ASSOCIATES, INC. Request.

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

(FMRA) Section 333, which directs the Se cretary of Transportation to determine if certain UAS may operate safely in the

NAS. As such, EDWARD J. BATIS & ASSOCIATES, INC. 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 consideri ng whether a UAS will create a hazard to users of the NAS or

the public, or otherwise pose a threat to na tional security; and further, provides the authority for su ch UAS to operate

without airworthiness certification.

As discussed in detail above, EDWARD J. BATIS & ASSOCIATES, INC. will operate DJI UAS aircraft safely in the NAS, without creating a hazard to users of the NAS, or the public, or othe rwise pose a threat to national security.

### 19

CONCLUSION

As set forth herein, EDWARD J. BATIS & ASSOCIATES, INC. seeks an exemption pursuant to 14 C.F.R. § 11.61 and

Section 333 of the FAA Modernization and Re form Act of 2012 (FMRA), which will permit safe operation of the DJI UAS Aircraft commercially, without an airworthiness certificate, for the limite d purpose of conducting aerial video and photography over certain areas of the United States. By granting this Petition, th e 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 EDWARD J. BATIS & ASSOCI ATES, INC. to safely, efficiently, and economically operate the DJI UAS Aircraft commercially within the NAS.

WHEREFORE, in accordance w ith the Federal Aviation Regul ations and the FAA Moderniza tion and Reform Act of 2012, Section 333, EDWARD J. BATIS & ASSOCIATES, INC. respectfully requests that the Administra tor 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), an d 91.417(a) & (b), and permit EDWARD J. BATIS & ASSOCIATES, INC. to operate the DJI UAS Aircraft commerciall y for the purpose of conducting aerial video and photography over certain areas of

the United States.

Dated: January 8, 2016 Attachments to this Submission: DJI Inspire 1 Specifications

Very respectfully,

Edward J. Batis & Associates, Inc.

By Joseph E. Batis, President

313 N. Chicago Street

Joliet, Illinois 60432

(815) 545-7197

joe@batisappraisals.com

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APPENDIX – A

DJI INSPIRE 1

USER MANUAL

EDWARD J. BATIS & ASSOCIATES, INC. only utilizes safe and reliable UASs. DJI is an industry leader in small UAS production. DJI UA Ss are loaded with ground breaking software enabling the user to set parameters which will not allow flight into contro lled 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. Further, DJI software provides real-time altitude and location information to the PIC via the linked monitor (smart phone/tablet devices)

APPENDIX – A (SEE ATTACHED)