UNITED STATES OF AMERICA DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION WASHINGTON, DC

Regulatory Docket No.

_____ _

IN THE MATTER OFTHE PETITIONFOREXEMPTION OF: BARRYA. OAKS FORAN EXEMPTION SEEKING RELIEF FROM THE REQUIREMENTS OF TITLE 14 OFTHE 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 VERSION 2.0 OR PHANTOM3 UNMANNED AIRCRAFT SYSTEMS PURSUANT TO SECTION 333 OF THE FAA MODERNIZATIONAND REFORM ACT OF 2012 (PUBLIC LAW 112-95)

Submitted onApril 22, 2015 Barry A. Oaks 13611 E. Van Mar Lane Galt, CA. 95632 Tel: (209) 986-5894TABLE OF CONTENTS Page GLOSSARY OF ABBREVIATIONS...............................................................................3 SUMMARY.......................................................................................................................4 INTRODUCTION AND INTERESTS OF PETITIONER................................................4 BACKGROUND.................................................................................................................4 BASIS FORPETITION......................................................................................................5 NAME AND ADDRESS OF PETITIONER...........................................................? THE SPECIFIC SECTIONS OF 14 C.F.R. FROM WHICH BARRY A. OAKS SEEKS EXEMPTION..............................................................................................8 THE EXTENT OF RELIEF BARRY A. OAKS AND THE REASON BARRY A. OAKS SEEKS THE RELIEF...............................................................................11 THE REASONS WHY GRANTING BARRY A. OAKS'S REQUEST WOULD BEIN THE PUBLIC INTEREST.................................................................15 THE REASONS WHY GRANTING THE EXEMPTION WOULD NOT ADVERSELY AFFECT SAFETY.......................................................................... 19 SUMMARYTHAT CAN BEPUBLISHED IN THE FEDERAL REGISTER.

.....31 ANY ADDITIONAL INFORMATION, VIEWS, ORARGUMENTS AVAILABLE TO SUPPORT BARRY A. OAKS'S REQUEST..............................................................................................................32 CONCLUSION....................................................................................................................32 APPENDICE..........................................................................................34

2AGL AOI ATC ATO AV CFR COA FAA FAR GCS GPS LOL NAS NOT AM PIC Section 333 

## so SOP UA UAS VFR VLOS VMC VIOL GLOSSARY OF ABBREVIATIONS Above Ground Level Area ofInterest AirTraffic Control Air Traffic Organization Aerial Vehicle Code ofFederal Regulations Certificate ofAuthorization Federal Aviation Administration Federal Aviation Regulation Ground Control Station Global Positioning System Loss ofLink National Airspace System Notice to Airman Pilot In Command FAA Modernization and Reform Act of2012 (FMRA) Section 333 Safety Observer Standard Operating Procedures Unmanned Aircraft Unmanned Aircraft System Visual Flight Rules Visual Line ofSite Visual Meteorological Conditions Vertical Takeoffand Landing

3SUMMARY Barry A. Oaks 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 anUnmanned Aircraft Systempursuantto Section 333 ofthe FAA Modernization and Reform Act of2012 (FMRA). This exemption will permit Barry A. Oaks to operate an Unmanned Aircraft System (UAS) for the commercialpurpose of conducting aerial video andphotography ofreal estate, and landscape overcertain areas of the United States. INTRODUCTION AND INTERESTS OF THE PETITIONER BarryA. Oaks provides clients with expertise and knowledge inreal estate marketing and aerial photography. BarryA. Oaks more than 10 years ofprofessional experience in law enforcement aviation andis recognized as an expertin aerial observation. He has over 3 years recreational flying experience ofunmanned aircraft. BarryA. Oaks has 5 years experience inmilitary aircraft maintenance, and flight engineering. Barry A. Oaks has flown full sized airplanes and helicopters. The objective of Barry A. Oaks's aerial video and photography operations is to provide high quality imaging for commercial, public, and residential uses, specifically targeting:

• Real estate and private, as well as commercial property aerial photography

BACKGROUND Unmanned Aircraft Systems: DJI Phantom 2 and Phantom 3

4BarryA. Oaks seeks an exemption to operate DJI systemsfor compensation orhire withinthe NAS. The DJI Phantom 2 and Phantom 3 are a vertical takeoffand landing (VTOL) UnmannedAircrafts (UA) with a Ground Control Station (GCS). The DJI Phantom 2 and Phantom 3 have a maximum gross weight ofapproximately 2 pounds 12 ounces, while having a length of 16 inches width of 16 inches, height of8 inches, and a maximum speed ofapproximately 28 knots. The DJIPhantom 2 and Phantom 3 is equippedwith four rotors; driven by four batterypowered electric motors. The DJI Phantom 2 Version 2.0 orPhantom 3 that will be operated by Barry A. Oaks will be registered in accordance with49 U.S.C. 44103, Registration ofAircraft, as well as 14 C.F.RPart47, AircraftRegistration, and marked in accordance with 14 C.F.R. Part45, Identification and Registration Marking or as required. BASIS FORPETITION Petitioner, Barry A. Oaks, pursuantto the provisions ofthe Federal Aviation Regulations (14 C.P.R.§ 11.61) andthe FAA Modernization and Reform Act of2012 (FMRA), Section 333, Special Ru]es for Certain UnmannedAircraft Systems, hereby petitions the Administratorto commercially operate the DJI Phantom 2 Version 2.0 or Phantom 3 intheNational 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)(l) & (a)(2), and 91.417(a) & (b). Inconsideration ofthe speed, weight, size, and limited operating area associated withthe unmanned aircraft and its operation, Barry A. Oaks's operation ofDJI Phantom 2 Version 2.0 or Phantom 3 meets the conditions ofFMRA Section 333 andtherefore, will not require an airworthiness certificate in accordance with 14 C.F.R. Part 21, SubpartH.

5Barry A. Oaks requests relieffrom Sections 91.405(a), 91.407(a)(l), 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. Barry A. Oaks submits that the requested reliefis proper since an equivalent level ofsafety will be ensured. He will use experienced personnel ortechnicians to perform maintenance, orpreventive maintenance on the UASs using the methods, techniques, and practices prescribed inthe operating documents. Barry A. Oaks will maintain maintenance records for the DJI Phantom 2 Version 2.0 and Phantom 3. Relieffrom certain requirements ofSection 61.113(a) and (b), entitled Privatepilot privileges and limitations: Pilot in command, is requested by Barry A. Oaks to the extent necessary to allow a Pilot in Command (PIC) holding a private pilot orhigher level certificate, as well as an airman medical certificate, and who has demonstrated, bymeeting minimum flight- hour and currency requirements, that the PIC is able to safely operate the DJIPhantom 2 orPhantom 3 in a manner consistent with this exemption, including evasive and emergency maneuvers and maintaining appropriate distances from people, vessels, vehicles and structures. BarryA. Oaks seeks relieffrom Section 91.7(a), entitled Civil aircraft airworthiness, because the DJI Phantom 2 orPhantom 3 does not require an airworthiness certificate in accordance with 14 C.P.R. Part 21, Subpart H. Barry A. oaks submits that he will ensure that the DJI Phantom 2 orPhantom 3 is in an airworthy condition, priorto every flight, by determining that the UAS is in compliance with the operating documents (i.e., Monthly Maintenance Log, and DJI Phantom 2 Version 2.0 or Phantom 3 Instruction Manual, and that the aircraft is in a condition for flying safely.

6Barry A. Oaks seeks an exemption from the requirements ofSection 91.121, entitled Altimeter Settings, as the DJI Phantom 2 Version 2.0 orPhantom 3 will nothave a typical barometric altimeter onboard. However, altitude information ofthe DJI Phantoms will be provided to the PIC viaGlobal Positioning System (GPS) equipment andradio communicationstelemetry data link, which downlinks from the UAto the GCS for active monitoring ofthe flight conditions. This altitude information, combined with Barry A. Oaks's operation ofthe DJI Phantom 2 orPhantom 3 within visual line ofsight, at or below400 feet AGL, will ensure a level ofsafety equivalent to Section 91.121. BarryA. Oaks seeks an exemption from the requirements ofSection 91.151(b), entitled Fuel requirements for flight inVFR conditions. Barry A. Oaks submits that safety will notbe affected by operation ofthe DJI Phantom 2 orPhantom 3 during daylight hours invisual meteorological conditions (VMC) under visual flight rules (VFR), with enough battery powerto fly for a total duration ofapproximately 13.5 minutes to the first point of intended landing and, assuming normal cruising speed, to fly afterthat for at least 4.5 minutes. In accordance with 14 C.F.R. § 11.81, Barry A. Oaks provides the following information in support ofits petition for exemption: A. Name And Address OfThe Petitioner. The name and address ofthe Petitioner andpoint ofcontact is: BarryA. Oaks 13611 E. Van Mar Lane Galt, ca. 95632 Tel: (209) 986 5894 Email: oakspi@sbcglobal.net B. The Specific Sections Of 14 C.F.R. From Which Barry A. Oaks Seeks Exemption.

71. Barry A. Oaks seeks Exemption From The Requirements OfSection 61.113(a) And (b). Section 61.113, entitled Private pilotprivileges 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) ofan aircraft that is carrying passengers orproperty for compensation or hire; nor maythat person, for compensation orhire, act as PIC ofan aircraft. (b) A private pilot may, for compensation orhire, act as PIC ofan 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 orproperty for compensation orhire.

2. Barry A. Oaks seeks Exemption From The Requirements OfSection 91.7(a). Section 91.7, entitled Civil aircraft airworthiness, subsection (a), states the following: (a) No personmay operate a civil aircraft uoless it is inan airworthy condition. 3. Barry A. Oaks seeks Exemption From The Requirements OfSection 91.121. Section 91.121, entitled Altimeter settings, subsection (a), states the following, 

### in part: (a) Eachperson operating an aircraft shall maintain the cruising altitude or flight level ofthat aircraft, as the case may be, byreference to an altimeter that is set, when operating-- (1) Below 18,000 feet MSL, to-- (i) The currentreported altimeter setting ofa station along the route and within 100 nautical miles ofthe aircraft; (ii) Ifthere is no station withinthe area prescribed in paragraph (a)(l)(i) of this section, the current reported altimeter setting ofan appropriate available station; or

8(iii) 

### Inthe case ofan aircraft not equipped with a radio, the elevation ofthe departure airport or an appropriate altimeter setting available before departure. 4. Barry A. Oaks seeks Exemption From The Requirements OfSection 91.15l(b). Section 91.151, entitled Fuel requirements for flight in VFR conditions, subsection (b), states the following: (b) Noperson may begin a flight in a rotorcraft under VFR conditions unless (considering windand forecast weather conditions) there is enoughfoelto fly to the firstpoint of intendedlandingand, assumingnormal cruisingspeed, to fly after that for at least 20minutes. 5. Barry A. Oaks seeks Exemption From The Requirement OfSection 91.405(a). Section 91.405, entitledMaintenance required, subsection (a), states the following: Eachowner or operator ofan aircraft- (a) Shall have that aircraft inspected as prescribed in subpart E ofthis part and shall betweenrequired inspections, except as provided in paragraph (c) ofthis section, have discrepancies repaired as prescribed inpart 43 ofthis chapter[.] 6. BarryA. Oaks seeks Exemption From The Requirements OfSection 91.407(a)(l) Section 91.407, entitled Operation after maintenance,preventive maintenance, rebuilding, or alteration, subsection (a)(!), states the following: (a) No person may operate any aircraft that has undergone maintenance, preventive maintenance, rebuilding, oralteration unless-- (1) It has been approved for return to service by a person authorized under 

### § 43.7 ofthis chapter. 7. BarryA. Oaks seeks Exemption From The Requirements OfSections 91.409(a)(l) And 91.409(a)(2). Section 91.409, entitled Inspections, subsection (a), states the following:

9(a) Except as provided in paragraph (c) ofthis section, no person may operate an aircraft unless, within the preceding 12 calendar months, ithas had-- (I) An annual inspection inaccordance with part4 3 ofthis chapter and has been approved for return to service by a person authorized by§ 43.7 ofthis chapter; or (2) An inspection for the issuance ofan airworthiness certificate in accordance withpart 21 ofthis chapter. 8. Barry A. Oaks seeks Exemption From The Requirements OfSections 91.417(a) And 91.417(b). Section 91.417, entitledMaintenance records, subsections (a) and (b), state the following: (a) Except for workperformed 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) ofthis section: (1) Records ofthe maintenance, preventive maintenance, and alteration and records ofthe 100-hour, annual, progressive, and otherrequired orapproved inspections, as appropriate, for each aircraft (including the airframe) and each engine, propeller, rotor, and appliance ofan aircraft. The records must include-- (i) A description (or reference to data acceptable to the Administrator) of the workperformed; and (ii) The date ofcompletion ofthe work performed; and (iii) The signature, and certificate number ofthe person approving the aircraft for return to service. (2) Records containing the following information: (i) The total time in service ofthe airframe, each engine, eachpropeller, and each rotor. (ii) The current status oflife-limited parts ofeach airframe, engine, propeller, rotor, and appliance. (iii) The time since last overhaul ofall items installed on the aircraft which are required to be overhauled on a specified time basis.



### 10(iv) The current inspection status ofthe aircraft, including the time sincethe last inspectionrequired by the inspectionprogram under whichthe aircraft and its appliances are maintained. (v) The current status ofapplicable airworthiness directives (AD) and safety directives including, for each, the method ofcompliance, the AD or safety directive number andrevision date. IftheAD or safety directive involves recurring action, the time and date whenthe next action is required. (vi) Copies ofthe forms prescribedby§ 43.9(d) ofthis chapterfor each major alteration to the airframe '!fld 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 inparagraph (a)(l) ofthis section shall be retained until the work is repeated or supersededby other work orfor 1 year after the work is performed. (2) The records specified inparagraph (a)(2) ofthis section shall be retained and transferred withthe aircraft at the time the aircraft is sold. (3) A list ofdefects furnished to a registered owner or operatorunder§ 43.11 of this chapter shall be retained until the defects are repaired and the aircraft is approved for return to service. C. The extent ofreliefBarry A. Oaks seeks and the reason Barry A. Oaks seeks the relief. 1. Extent OfReliefBarry A. Oaks seeks and The Reason Barry A. Oaks seeks Relieffrom Section 61.113(a) And (b). Relieffrom Section 61.113(a) and (b) entitledPrivatepilotprivileges and limitations: Pilot in command, is requested to the extent necessary to allow a PIC holding a privatepilot orhigher level certificate, as well as a current and valid airman medical certificate, and who has met certain flight-hour and currency requirements, to conductthe proposedUAS flight operations for compensation orhire.

11This reliefis requested since the limitations set forth in Section 61.113(a) and (b) state that a private pilot may, for compensation orhire, act as PIC ofan aircraft in connection with any business or employment if: (1) The flight is only incidental to that business oremployment; and (2) The aircraft does not carry passengers orproperty for compensation orhire. As set forth more fully below, Barry A. Oaks submits that an equivalent level of safety will be maintained because no PIC will be allowed to operate the DJI Phantom 2 or Phantom 3 unless that PIC has met certain flight-hour and currency requirements, demonstrating that the PIC is able to safely operate the DJI Phantom 2 or Phantom 3 in a

manner consistent withthe operations specifications as described inthis exemption, including evasive and emergency maneuvers, as well as maintaining appropriate distances from people, vessels, vehicles and structures. BarryA. Oaks submits that all flights ofthe DJI Phantom 2 orPhantom 3, conducted bythe PIC pursuantto the grant ofthis Petition will be incidental to his business; and will not carry passengers orproperty for compensation or hire.

• 2. Extent OfReliefBarry A. Oaks seeks and the reason Barry A. Oaks seeks relieffrom Section 91.7(a). Relieffrom Section 91.7(a) entitled Civil aircraft airworthiness, is requested to the extentrequiredto allow BarryA. Oaks to determine that the DJI Phantom 2 or Phantom 3 is in airworthy conditionprior to every flight by ensuring that the Phantom is in compliance withthe operating documents (i.e., Monthly Maintenance Log, and DJI Phantom 2 orPhantom 3 Instruction Manual). Barry A. Oaks seeks the requested reliefbecause the DJI Phantom 2 orPhantom 3 does notrequire an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart



### 12H. Therefore, Barry A. Oaks will ensure thatthe DJI Phantom 2 orPhantom 3 is in airworthy condition based upon its compliance with the operating documents (i.e., Monthly Maintenance Log, and DJI Phantom 2 orPhantom 3 Instruction Manual) prior to every flight, and further, determine that the aircraft is in condition for safe flight, as stated inthe conditions and limitations below. 

### 3. Extent ofreliefBarryA. Oaks seeks and the reason BarryA. Oaks seeks relieffrom Section 91.121. Relieffrom Section 91.121, entitled Altimeter settings, may be required to allow flight operations ofthe DJI Phantom 2 orPhantom 3, which utilize a barometric pressure sensor, GPS equipment, and a radio communications telemetry data link to downlink altitude information from the UA to the PIC at the ground control station (GCS). Since the FAArequires that any altitude information concerning UAS operations be reported to air traffic control (ATC) in feet above ground level (AGL), BarryA. Oaks seeks the requested reliefbecause the DJI Phantom 2 orPhantom 3 altimeter may be set onthe ground to zero feet AGL, ratherthanthe local barometric pressure or field altitude, before each flight. Considering the limited altitude ofthe proposed operations, relieffrom 14 CFR 91.121 is sought to the extentnecessary to comply withthe applicable conditions and limitations statedbelow. As more fully set forth herein, an equivalent level ofsafety will be maintained since the DJI Phantom 2 orPhantom 3 is equipped with a barometric pressure sensor and GPS equipment, which automatically ensures that a ground level pressure setting will be establishedprior to each flight, and provides the PIC with altitude information ofthe UA on the heads-up display ofthe GCS. 

### 4. Extent ofreliefBarryA. Oaks seeks and the reason BarryA. Oaks seeks relieffrom Section 91.15l(b ).

13Relieffrom Section 9!.15l(b) entitled Fuel requirements for flight in VFR conditions, is requested to the extentrequired to allow flights ofthe battery powered DJI Phantom 2 Vision UA during daylight hours in visual meteorological conditions (VMC), under visual flight rules (VFR), for a total duration of 13.5 minutes to the first pointof intended landing and, assuming normal cruising speed, to fly after that for at least 4.5 minutes. Barry A. Oaks seeks therequested reliefbecause without an exemption from Section 91.151(b), the flight time duration ofthe battery powered 

### DJI Phantom 2 or Phantom 3 will severely constrain the practicality ofany aerial video or still photo flight operations that Barry A. Oaks proposes to conduct. The technical specifications ofthe 

### DJI Phantom 2 Version 2.0 orPhantom 3, the 

### DJI Phantom 2 or Phantom 3 operating documents, and Barry A. Oaks's proposed operating limitations, ensure that Barry A. Oaks will safely operate the battery powered 

### DJI Phantom 2 Version 2.0 or Phantom 3 during daylight hours in visual meteorological conditions (VMC), under visual flight rules (VFR), with enoughbattery powerto fly for a total duration of 13.5 minutes to the first point ofintended landing and, assuming normal cruising speed, to fly after that for at least 4.5 minutes. 

### 5. Extent ofreliefBarry A. Oaks seeks and the reason Barry A. Oaks seeks relieffrom Sections 91.405(a), 91.407(a)(l), 91.409(a)(l) & 

### (a)(2), and 91.417(a) & 

### (b). Since Sections 91.405(a), 91.407(a)(l), 91.409(a)(l) & (a)(2), and 91.417(a) & (b) only apply to aircraft with an airworthiness certificate, Barry A. Oaks requests relieffrom these Sections because the 

### DJI Phantom 2 Version 2.0 orPhantom 3 does notrequire airworthiness certificates. As set forth more fully below, the DJI Phantom 2 Version 2.0 or Phantom 3 meets the conditions ofFMRA Section 333 for operation without an airworthiness certificate. Barry A. Oaks will use trained technicians to perform

14maintenance, orpreventive maintenance onthe UASs using the methods, techniques, and practices prescribed inthe UAS operating documents (i.e., Monthly Maintenance Log, and DJI Phantom 2 Version 2.0 or Phantom 3 Instruction Manual). Barry A. Oaks will document and maintain all maintenance records for the DJI Phantom 2 Version 2.0 or Phantom 3. D. The reasons why granting Barry A. Oaks's requestwould be in the Public Interest; How itwould benefit the Public. Granting thepresent Petition will further the public interest by allowing Barry A. Oaks to safely, efficiently, and economicallyperform aerial video and photography ofreal estate, and landscape over certain areas ofthe United States. Additionally, use ofthe DJI Phantom 2 Version 2.0 orPhantom 3 will decrease congestion ofthe NAS, reduce pollution, and provide significant benefits to the economy. 

### 1. The public will benefitfrom Decreased Congestion ofthe NAS. The DJI Phantom 2 Version 2.0 orPhantom 3 is battery powered and serves as a safe, efficient, and economical alternative to the manned aircraft traditionally utilized to obtain aerial imagery. Byreducing the amount ofmanned aircraft needed to perform aerial photography or video, an exemption allowing the use ofa DJI Phantom 2 Version 2.0 or Phantom 3 would reduce the amount ofmanned aircraft inthe NAS, reduce noise and air pollution, as well as increase the safety oflife and property inthe air and onthe ground. Furthermore, byreducing the number ofmanned aircraft operating inthe NAS, congestion around airports caused by arriving and departing aircraft will be reduced. The DJI Phantom 2 Version 2.0 or Phantom 3 does not require an airport to takeoffor land. Likewise, a reduction ofmanned aircraft conducting aerial video and photography

15missions would result in fewer aircraft that must be handled by air traffic control during the ground, takeoff, departure, arrival, and landing phases offlight operations. 2. The public will benefitfrom the Safety And Efficiency ofThe DJI Phantom 2 Version 2.0 or Phantom 3. Conducting aerial photography withthe DJI Phantom 2 Version 2.0 or Phantom 3, instead ofmanned aircraft, will greatly benefit the public by drastically reducing the levels ofair and noise pollution generated during traditional aerial video and still photography flight operations. By using battery power and electric motors, the DJI Phantom 2 Version 2.0 or Phantom 3 produces no known air pollution, and is the most viable environmentally conscious alternative to the largerinternal combustion engine aircraft that are typically utilized for aerial video andphotography, while burning gallons perhour ofaviation fuel. The DJI Phantom 2 Version 2.0 orPhantom 3, while reducing the carbon footprint ofaerial acquisitions, also eliminates noise pollution, as the they are propelled by battery powered electric motors, rather than an internal combustion engine. Byusing the DJI Phantom 2 Version 2.0 orPhantom 3 to perform aerial photography wouldreduce the substantial risk to life and property inthe air and on the ground, which is usually associated withtraditional aircraft flight operations, will be substantially reduced or completely eliminated. The DJI Phantom 2 Version 2.0 or Phantom 3 (weighing approximately 2 pounds !Jounces, at its maximum gross weight with a length of 16 inches, widths of 16 inches, and with no fuel onboard), has less physical potential for collateral damage to life and property onthe ground, and in the air, compared to the marmed aircraft that typically conduct similar operations. 3. Performing aerial video and photography operations with the DJI Phantom 2 Version 2.0 or Phantom 3 will benefit the economy.

16In addition to being safe and efficient, the DJI Phantom 2 Version 2.0 and Phantom 3 are also an economical alternative to using manned aircraft to conduct similar aerial operations. As such, operation ofthe DJI Phantoms will allowUnited States based companies, like Barry A. Oaks's, to remain competitive and contribute to growth ofthe U.S. economy. Companies must adopt new and alternative technology in order to remain competitive. Operating the DJI Phantom 2 Version 2.0 or Phantom 3 is one such technology that not only allows companies greater operational flexibility compared to manned aircraft without the high operational cost ofa traditional manned aircraft. By operating the DJI Phantom 2 Version 2.0 orPhantom 3, companies such as Barry A. Oaks's, can remain competitive andprofitable, and therefore, provide greaterjob stability to employees and contractors, whichwill ultimately contribute to growth ofthe U.S. economy. Improved financial performance ofU.S. companies, through commercial

use ofthe DJI Phantom 2 Version 2.0 orPhantom 3, provides a stable workforce that increases consumer spending; improves tax revenues; and allows companies to invest in research and development in order to remain competitive both in the United States. 4. ThereAre No Privacy Issues. Similarto the manned aerial flight operations that have been conducted inthe past, Barry A. Oaks's proposed operation ofthe DJI Phantom 2 Version 2.0 or Phantom 3 will not implicate any privacy issues. Specifically, the DJI Phantom 2 Version 2.0 or Phantom 3 will be operated only in compliance with operating documents (i.e., Monthly Maintenance Log, and DJI Phantom 2 Version 2.0 or Phantom 3 Instruction Manual) which requires property owner involvement as well as local law enforcement notification, and in



### 17accordance 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 ofsafety at least equal to that provided by the rule from which Barry A. Oaks seeks exemption. 1. Reasons why the DJI Phantom 2 Version 2.0 or Phantom 3 meets the conditions ofthe FAA Modernization and Reform Act of2012 (FMRA) Section 333. In consideration ofthe size, weight, speed, and limited operating area associated with the unmanned aircraft and its operation, BarryA. Oaks's operation ofthe DJI Phantom 2 Version 2.0 orPhantom 3 meets the conditions ofFMRA Section 333, and will

notrequire an airworthiness certificate inaccordance 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 ofthe NAS orthe public, orotherwise pose a threat to national security. FMRA Section 333 states the following, inpart: (a) In GeneraL--Notwithstanding any otherrequirement ofthis subtitle, and not later than 180 days afterthe date ofenactment ofthis Act, the Secretary of Transportation shall determine ifcertain unmanned aircraft systems may operate safely inthe national airspace system before completion oftheplan and rulemaking required by section 332 ofthis Act orthe guidance required by section 334 ofthis Act. (b) Assessment ofUnmanned Aircraft Systems.--Inmaking the determination under subsection (a), the Secretary shall determine, at a minimum-- (1) whichtypes ofunmanned aircraft systems, ifany, as a result oftheir size, weight, speed, operational capability, proximityto airports and populated areas, and operation within visual line ofsight do not create a hazard to users ofthe national airspace system orthe public orpose a threat to national security; and (2) Whether a certificate ofwaiver, certificate ofauthorization, or airworthiness certification under section 44704 oftitle 49, United States



### 18Code, is required for the operation ofunmanned aircraft systems identified under paragraph (1). (c) Requirements for Safe Operation.--Ifthe Secretary determines underthis sectionthat certain unmanned aircraft systems may operate safely in the national airspace system, the Secretary shall establishrequirements for the safe operation ofsuch aircraft systems in the national airspace system. In seeking this exemption, BarryA. Oaks submits that the DJIPhantom 2 Version 2.0 or Phantom 3 can operate safely in the NAS pursuant to FMRA Section 333, as demonstrated by: (a) the characteristics ofthe DJI Phantom 2 Version 2.0 orPhantom 3; (b) the pilot certificationrequirement; and (c) the specific operating limitations.



### a. The specifications ofthe DJI Phantom 2 Version 2.0 orPhantom 3 demonstrates their safe characteristics. The DJI Phantom 2 Version 2.0 orPhantom 3 does not create a hazard to users of the NAS orthe public, or otherwise pose a threat to national security considering its size, weight, speed, and operational capability. 

### i. Technical specifications oftheDJIPhantom 2 Version 2.0 or

Phantom3. The technical specifications ofthe DJI Phantom 2 Version 2.0 and Phantom 3 are set forth by the DJI Phantom 2 Version 2.0 or Phantom 3 specifications and data sheet, attached as Exhibit A. ii. 

### The DJIPhantom 2 Version 2.0 and Phantom 3 are capable of autonomous flight and navigation modes enable the UASs to remain within a defined operational area. The DJI Phantom 2 Version 2.0 orPhantom 3 maybe operated inboth

manual and fully autonomous flight modes.

iii. 

### The DJIPhantom 2 Version 2.0 orPhantom 3 is designed for automatic Return To Home point orhover in place in the event of loss ofthe control linkor navigation.

19Whenthe Control link is lost, the DJIPhantom 2 Version 2.0 or Phantom 3 will remain stationary, in flight, for 3 seconds or more. After 3 seconds, the DJI Phantom 2 Version 2.0 orPhantom 3 does notreacquire control link datafrom the GCS, the UAs will

assume thatthe Control Link is lost and the CAs will return to the homeposition viaGPS, and will descend to the takeoffposition. b. Flight operations ofDJI Phantom 2 Version 2.0 is limited to the Line Of Sight ofA Certificated Pilot in Command with a Safety Observer. Barry A. Oaks will only utilize certified pilots to act as a pilot in command (PIC) of the DJI Phantom 2 Version 2.0 or Phantom 3. Additionally, a safety observer will assist all pilots during flight time.

c. Flights ofDJI Phantom 2 Version 2.0 or Phantom 3 will be conducted pursuant to specific operating limitations. In seeking this exemption, Barry A. Oaks proposes to commercially operate DJI Phantom 2 Version 2.0 or Phantom 3 for the purpose ofconducting aerial video and photography over certain areas ofUnited States, pursuantto the following specific operating limitations: 1. Operations authorized by this grant ofexemption will be limited to the following aircraft described in the operating documents, rotorcraft UASs weighing less than 55 pounds maximum gross weight: DJI Phantom 2 Version 2.0 or Phantom 3 UnmannedAircraft Systems. Proposed operations ofany other aircraft will require a newpetition or a petitionto amend this grant. 2. UAS operations under this exemption will be limited to conducting operations for the purpose ofaerial video andphotography. 3. The UAs may notbe flown at an indicated airspeed exceeding 20 knots. 4. The UA must be operated at an altitude ofno 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 byATC. All altitudes reported to ATC must be infeet AGL.

205. The UA must be operated witbin visual line ofsight ofthe PIC at all times. This requires the PIC to be able to use human vision unaided by any device otherthan corrective lenses. 6. The use offirst person view (FPV) bythe PIC or safety observer (SO) is not permitted. 7. All operations mustutilize 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 mustbe able to communicate verbally at all times. Electronic messaging ortexting is notpermitted during flight operations. The PIC must be designated before the flight and cannot transfer his orher designation for the duration ofthe flight. The PIC must ensure that the SO canperformthe functions prescribed inthe operating documents. 8. The SO must notperform any other duties beyond assisting the PIC with seeing and avoiding other air traffic and other ground based obstacles/obstructions and is notpermitted to operate the camera or other instruments. 9. The operating documents and the grant ofexemption mustbe accessible during UAS operations and made available to the Administrator uponrequest. Ifa discrepancy exists betweenthe conditions and limitations contained in the grant ofexemption andthe procedures outlined in the operating documents, the conditions and limitations contained in the grant ofexemptiontake precedence and mustbe followed. Otherwise, the operator mustfollow the procedures as outlined in its operating documents. The operator may update orrevise its operating documents. Itis the operator's responsibility to track such revisions and presentupdated and revised documents to the Administrator upon request. The operator must also present updated and revised documents ifitpetitions for extension or amendment to the grant ofexemption. Ifthe operator determines that any update orrevision 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) maybe 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. Ifthe inspection reveals a condition that affects the safe operation ofthe UAS, the aircraft is prohibited from operating until the necessary maintenance has beenperformed and the UAS is found to be ina condition for safe flight. The Ground Control Station mustbe included in the preflight inspection. All maintenance and alterations mustbe properly documented in the aircraft records. 11. Any UAS thathas undergone maintenance or alterations that affect the UAS operation or flight characteristics, e.g. replacement ofa flight critical component, must undergo a functional test flight. The PIC who conducts the functional test flight must make au entry inthe aircraft records.

2112. The pre-flight inspection must account for all potential discrepancies, e.g. inoperable components, items, orequipment, not already covered in the relevant sections ofthe operating documents. 13. The operator must follow the UAS manufacturer's aircraft/component, maintenance, overhaul, replacement, inspection, and life limitrequirements. 14. The operator must carry out its maintenance, inspections, and record keeping requirements, inaccordance withthe operating documents. Maintenance, inspection, alterations, and status ofreplacement/overhaul componentparts must be noted inthe aircraft records, including total time in service, description ofwork accomplished, and the signature ofthe authorized personreturning the UAS to service. 15. Each UAS operated under this exemption must comply with all manufacturer Safety Bulletins. 16. The authorized person must make an entry in the aircraft record ofthe corrective action taken against discrepancies discovered between inspections. 17. The PIC must possess atleast 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 howthe UAS will be operated under the exemption, including evasive and emergency maneuvers and maintaining appropriate distances from persons, vessels, vehicles and structures. PIC qualification flight hours mustbe logged in a manner consistent with 14 C.F.R. § 61.5l(b). Flights for the purposes oftraining the operator's PICs are permitted underthe terms ofthe exemption. However, training operations may only be conducted during dedicated training sessions. Duringtraining, proficiency, and experience-building flights, all persons not essential for flight operations are considered nonparticipants, andthe PIC must operate the UA with appropriate distance from nonparticipants in accordance with 14 C.F.R. § 91.119. 19. UAS operations may notbe conducted during night, as defmed in 14 C.F.R. § 1.1. All operations must be conducted under visual meteorological conditions (VMC). Ifflight at night is required, a special request will be made at the FAA office closest to proposed area ofoperations. Flights under special visual flight rules (SVFR) are not authorized. 20. The UA maynot operate within 5 nautical miles ofan 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 NOT AM as required by the operator's COA.

22The letter ofagreement with the airport management mustbemade available to the Administrator upon request. 21. The UA may notbe operated less than 500 feet below orless than 2,000 feet horizontally from a cloud or when visibility is less than 3 statute miles from the PIC. 22. Ifthe UA loses communications or loses its GPS signal, it must return to a predetermined location within the planned operating area and land orbe recovered in accordance with the operating documents. 23. The PIC must abort the flight in the event ofunpredicted obstacles or emergencies inaccordance with the operating documents. 24. The PIC is prohibited from beginning a flight unless (considering wind and forecast weather conditions) there is enoughpowerto fly at normal cruising speed to the intended landing point and land the UA with 25% battery power remarnmg. 25. The operatormust obtain anAirTraffic Organization (ATO) issued Certificate ofWaiver orAuthorization (COA) prior to conducting any operations underthe grant ofexemption. This COA will also require the operator to request a Notice to Airman (NOTAM) not more than 72 hours inadvance, but not less than 48 hours priorto the operation. All operations shall be conducted in accordance with airspace requirements in the ATO issued COA including class ofairspace, altitude level andpotential transponder requirements. 26. All aircraft operated inaccordance with the exemptionmustbe identified by serial number, registered inaccordance with 14 C.F.R. part 47, and have identification (N- Number) markings in accordance with 14 C.F.R. part45, Subpart C. Markings must be as large as practicable. 27. Before conducting operations, the radio frequency spectrumused for operation and control ofthe 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 atthe Ground Control Station ofthe UAS any time the UAS is operating. These documents must be made available to the Administrator or any law enforcement official uponrequest. 29. The UA mustremain clear and yield the right ofway to all manned aviation operations and activities at all times. 30. TheUAS may notbe operatedbythe PIC from any moving device orvehicle.



### 2331. Flight operations mustbe conducted at least 500 feet from all nonparticipating persons (persons otherthan 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 inthe event ofan accident. The operator must ensure that nonparticipating persons remain under such protection. Ifa situation arises where nonparticipating persons leave such protection and are within 500 feet ofthe UA, flight operations must cease immediately and/or; b. The aircraft is operated near vessels, vehicles or structures where the owner/controller ofsuch vessels, vehicles or structures has granted permission and the PIC has made a safety assessment ofthe risk of operating closer to those objects and determined that it does not present anundue hazard, and;

c. Operations nearer to the PIC, SO, operator trainees or essential persons do not present anundue hazard to those persons per§ 91.119(a). 32. All operations shall be conducted over private or controlled-access property withpermission from the land owner/controller or authorized representative. Permission from land owner/controller or authorized representative will be obtained for each flight to be conducted. 33. Any incident, accident, or flight operation that transgresses the lateral or vertical boundaries ofthe operational area as defined by the applicable COA mustbe reported to the FAA's UAS Integration Office (AFS-80) within 24 hours. Accidents mustbe reported to the National Transportation Safety Board (NTSB) per instructions contained on the NTSB Web site: \V\V\V.ntsb.gov. 2. Reasons why an exemption from the requirements ofSection 61.113(a) and (b) would not adversely affect safety. Barry A. Oaks submits that the equivalent level ofsafety establishedby Section 61.113(a) and (b) will be maintainedbecause no PIC will be allowed to operate the DJI Phantom 2 Version 2.0 orPhantom 3 unless that PIC has demonstrated, by meeting minimum flight-hour and currencyrequirements, that the PIC is able to safely operate the DJI Phantom 2 Version 2.0 or Phantom 3 in a manner consistent with the exemption, including evasive and emergency maneuvers and maintaining appropriate distances from people, vessels, vehicles and structures.

24Considering Barry A. Oaks's proposed area ofoperations, andthe operating limitations set forth-above; the parallel nature ofprivate pilot aeronautical knowledge requirements to those ofcommercial pilotrequirements (See ExemptionNo. II062); and the airmanship skills necessary to safely operatethe DJI Phantom 2 Version 2.0 or Phantom 3, Barry A. Oaks submits that the additional manned airmanship experience ofa commercially certificated pilot would not correlate to the airmanship skills necessary for Barry A. Oaks's specific proposed flight operations. The FAAhas previously granted relieffrom Section 61.113(a) and (b) specificto UAS, 

### incircumstances similar, in all material respects, to thosepresentedherein (e.g. ExemptionNos. 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110, 11112, 11136,11138,11150,11153,11156,11158,11159,11160, 11161). BarryA. Oaks will not allow any PICto operate the DJI Phantom 2 Version 2.0 or Phantom 3 unless that PIC has demonstrated, by meeting minimum fight training and currencyrequirements, that the PIC is able to safely operate the DJI Phantom 2 Version 2.0

or Phantom 3 in a manner consistent withthis exemption, including evasive and emergencymaneuvers and maintaining appropriate distances from people, vessels, vehicles and structures. Specifically, the PIC musthave accumulated and logged, in a manner consistent with 14 C.F.R. § 61.5l(b), 25 hours oftotal time as a UAS rotorcraft pilot (with a minimum of5 hours ofthose hours as a UAS pilot operating the same make and model of UAS to be used for operations underthe exemption). In addition to thehourrequirements, the PIC must accomplish 3 takeoffs and landings inthe preceding 90 days (for currency purposes).



### 25As inExemptionNos. 11062, 11138, and 11153, prior documented flight experiencethat was obtained in compliance with applicable regulations will ensure an equivalent level ofsafety during BarryA. Oaks's proposed operations. The Administrator has held thatprior documented flight experience that was obtained in compliance with applicable regulations would ensure safe operations, stating as follows: InExemptionNo. II062, the FAA required thatpriorto conducting operations for the purpose ofmotionpicture filming (or similar operations), the PIC musthave accumulated and logged, in a manner consistent with 14 CFR 61.5l(b), 25 hours of total time as a UAS rotorcraft pilot including at least 10 hours logged as a UAS pilotwith a multi-rotor UAS. Priorto operations underExemptionNo. II062, the PIC must also have accumulated and logged a minimum of5 hours as a UAS pilot operating the same make and model ofUAS to be used for operations underthe exemption. For clarification, the FAA considers these minimumhour requirements to be inclusive rather than additive; i.e. 5 hours make and model time may be included inthe I0 hours ofmulti-rotor time and the I0 hours may be included in the total25 hours ofUAS rotorcraft time. In addition to the hourrequirements, the PIC must accomplish 3 takeoffs and landings inthe preceding 90 days (for currencypurposes). The FAA finds that at a minimum, the flight-hour requirements in ExemptionNo. 11062 are appropriate to practice and build proficiency in the skills necessary to safely conductthe petitioner's proposed operations. The FAA also finds that prior documented flight experience that was obtained in compliance with applicable regulations would satisfy this requirement. Training, proficiency, and experience-building flights can also be conductedunder the grant ofexemption 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. ExemptionNo. 11138 at page 15. BarryA. Oaks will ensure safe operations by not allowing any PIC to operate the DJI Phantom 2 Version 2.0 or Phantom 3 unless that PIC has demonstrated, by meeting any minimum flight-hour and currency requirements, thatthe PIC is able to safely operate the DJI Phantom 2 Version 2.0 or Phantom 3 in a manner consistent with the exemption, including evasive and emergency maneuvers and maintaining appropriate distances from people, vessels, vehicles and structures.

263. Reasons why an exemption from the requirements ofSection 91.7(a) would not adversely affect safety. The equivalent level ofsafety established by Section 91.7(a) will be maintained because prior to every flight, Barry A. Oaks will ensure that the DJI Phantom 2 Version 2.0 orPhantom 3 is in an airworthy conditionbasedupon the UAS's compliance with its operating documents and as stated in the conditions and limitations herein. Additionally, the FAA has previously granted relieffrom 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 ofSection 91.121 would not adversely affect safety. The equivalent level ofsafety established by Section 91.121 will be maintained because the altitude information ofthe DJI Phantom 2 Version 2.0 orphantom 3 will be provided to the PIC via GPS equipment and aradio communications telemetry data link, which downlinks from the UAto the GCS for active monitoring ofthe altitude. This altitude information, combined with PIC's operation ofthe DJI Phantom 2 Version 2.0 or Phantom 3 within visual line ofsight, at orbelow400 feet AGL, will ensure a level of safety equivalentto Section 91.121. The altitude information will be generated by GPS equipmentinstalled onboard the aircraft. Prior to each flight, a zero altitude initiation point is automatically established by the Phantoms at ground level. The FAA has previously granted relieffrom Section 91.121 specific to UAS, in circumstances similar, in all material respects, to those presentedherein (e.g. Exemption Nos.11062, 11063,11064,11065,11066,11067,11080,11109,11112,11136,11138, 11150,11153,11156,11157,11158,11159,11160, 11161).

27

### 5. Reasons why an exemption from the requirements ofSection 

### 91.15l(b) would not adversely affect safety. A grant ofthis exemption would ensure an equivalent level ofsafety establishedby 14 C.P.R. Section 9Ll5l(b) as a result of(1) the teclmical specifications ofthe DJI Phantom 2 Version 2.0 or Phantom 3; (2) the limitations onthe proposed flight operations; and (3) the location ofthe proposed flight operations. Barry A. Oaks will ensure thatit will safely operate the batterypowered DJI Phantom 2 Version 2.0 orPhantom 3 during daylight hours in VFRconditions, with enough batterypowerto fly for a total duration of 13.5 minutes to the first point ofintended landing and, assuming normal cruising speed, to fly after that for at least 4.5 minutes. Here, as inExemptionNo. 11109, the technical specifications ofthe DJI Phantom 2 Version 2.0 orPhantom 3; the limitations onthe proposed flight operations; and the location ofthe proposed operations, will ensure an equivalent level ofsafety established by 14 C.F.R. Section 91.151(b). Furthermore, safety will be ensured as the DJI Phantom 2 Version 2.0 orPhantom 3 provide warnings to the PIC at the GCS whenthe UAs experiences lowbattery voltage, the first warning occurring at approximately 33% remaining battery power, and again at approximately 10% remaining batterypower. Atthe critically lowbattery level, the DJI PhantomVersion 2.0 orPhantom 3 will descend and land automatically. Significantly, previous exemptions granted by the FAA concerning Section 91.151 establish that safety is not adversely affectedwhen the teclmical characteristics and operating limitations ofthe UAS are considered. Reliefhas been granted for manned aircraft to operate at less than the minimums prescribed in Section 91.151, including ExemptionNos. 2689, 5745, and 10650. Moreover, the FAAhas previously granted relief

28from Section 91.151 specific to UAS, in circumstances similar, in all material respects, to those presentedherein (e.g. ExemptionNos. 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 ofSections 91.405(a), 91.407(a)(l), 91.409(a)(l) & (a)(2), And 91.417(a) & (b) would not adversely affect safety. In seeking this exemption, Barry A. Oaks submits thatthe equivalent level ofsafety with regard to the regulatory maintenance and alteration requirements establishedby Sections 91.405(a), 91.407(a)(l), 91.409(a)(1) & (a)(2), and 91.417(a) & (b) will be met because Barry A. Oaks will use trained technicians to perform maintenance, alterations, or preventive maintenance onthe Phantoms using the methods, techniques, and practices prescribedin the operating documents (i.e., Monthly Maintenance Log, and DJI Phantom 2 Version 2.0 or Phantom 3 Instruction Manual). Barry A. Oaks will document and maintain all maintenance records for the DJI Phantoms. Sincethe DJI Phantoms will be inspected as prescribed bythe operating and inspection instructions, BarryA. Oaks will maintain the equivalent level ofsafety establishedby Sections 91.405(a), 91.409(a)(1), and 91.409(a)(2). Likewise, the exemption sought will not adversely affect safetybecause Barry A. Oaks will use trained technicians to perform maintenance, alterations orpreventive maintenance onthe UAS using the methods, techniques, and practices prescribedbythe operating documents. Furthermore, the exemption sought would maintain an equivalent level ofsafety established by Sections 91.407, 91.417(a) and 91.417(b), because all maintenance ofthe

29DJI Phantoms 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 9l.405(a), 9l.407(a)(l), 9l.409(a)(l) & (a)(2), and 9l.417(a) & (b) establishthat safety is

not adversely affected whenthetechnical characteristics and operating limitations ofthe UAS are considered. In consideration ofBarry A. Oaks's proposed operating limitations, the operating documents, andthe technical aspects ofthe DJI Phantoms, Barry A. Oaks submits that safety will notbe adversely affected by granting exemptionfrom 14 C.F.R. Sections 9l.405(a), 9l.407(a)(l) and (a)(2), 9l.409(a)(2), and 9l.417(a) and (b). The FAA has previously grantedreliefspecificto UAS in circumstances similar, in all material respects, to those presentedherein (e.g. ExemptionNos. 11062, 11063, 11064, 11065, 11066, 11067,11080,11109,11110,11112,11136,11138,11150,11153,11156,11157,11158, 11159,11160, 11161). 7. The FAA may prescribe any other conditions for safe operation. In accordance with Section 333 ofthe FAA Modernization and Reform Act of2012 (FMRA) and 14 C.F.R. 

### § 21.16 entitled Special Conditions, Barry A. Oaks requests that the FAA prescribe special conditions for the intended operation ofthe DJI Phantoms which contain such safety standards that the Administrator finds necessary to establish a level of safety equivalentto 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, 91.15l(b), 91.405(a), 91.407(a)(l), 91.409(a)(l) & (a)(2), and 91.417(a) & (b). Such special conditions will permit safe operation ofthe Phantoms for the limitedpurpose ofconducting aerial video and photography over certain

30areas ofthe United States for compensation or hire. FMRA Section 333 sets forth the requirements for considering whether a UAS will create a hazard to users ofthe 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 for the safe operation ofthe UAS in the NAS. Likewise, the Administrator may prescribe special conditions pursuant to 14 C.F.R. § 21.16, for operation ofthe DJI Phantom 2 or Phantom 3, since the airworthiness regulations of 14 C.F.R. Part 21 do not contain adequate or appropriate safety standards, due to the novel orunusual design features ofthe aircraft. Section 21.16, entitled Special Conditions, states the following: Ifthe FAA finds thatthe airworthiness regulations ofthis subchapter do not contain adequate orappropriate safety standards for an aircraft, aircraft engine, orpropeller because ofa novel orunusual design feature ofthe aircraft, aircraft engine or propeller, he prescribes special conditions and amendments for the product. The special conditions are issued in accordance with Part 11 ofthis chapter and contain such safety standards for the aircraft, aircraft engine orpropeller as the FAA finds necessary to establish a level ofsafety equivalent to that established in the regulations. See 14 C.P.R.§ 21.16. Therefore, in accordance with FMRA Section 333 and 14 C.P.R.§ 21.16, the FAA may prescribe special conditions for Barry A. Oaks's intended operation ofthe DJI Phantom 2 and Phantom 3, which contain such safety standards that the Administrator finds necessary to establish a level ofsafety equivalent to that establishedby 14 C.F.R. Part 21, Subpart H, and 14 C.F.R Sections 61.113(a) & (b), 91.7(a), 91.121, 91.15l(b), 91.405(a), 91.407(a)(l), 91.409(a)(l) & (a)(2), and 91.417(a) & (b). 

### F. A summary that can be published in the Federal Register, stating: the rules from which Barry A. Oaks seeks 

### exemption:



### 31Barry A. Oaks 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 briefdescription ofthe nature ofthe exemption Barry A. Oaks seeks: This exemption will permitBarry A. Oaks to commercially operate an Unmanned Aircraft System (UAS) for the purpose ofconducting aerial video and photography over certain areas ofthe United States. G. Any additional information, views, or arguments available to support Barry A. Oaks's request. This Petition is made pursuantto the FAA Modernization and Reform Act of2012 (FMRA) Section 333, which directs the Secretary ofTransportation to determine ifcertain UAS may operate safely inthe NAS. As such, Barry A. Oaks's request for exemption may be granted pursuantto the authority ofFMRA 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 ofthe 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. Barry A. Oaks will operate the DJI Phantoms safely in the NAS, without creating a hazard to users ofthe NAS, or the public, or otherwise pose a threat to national security. CONCLUSION Barry A. Oaks seeks an exemptionpursuant to 14 C.F.R. § 11.61 and Section 333 ofthe FAA Modernization and Reform Act of2012 (FMRA), which will permit safe operation ofthe DJI Phantoms commercially, without an airworthiness certificate, for the limitedpurpose ofconducting aerial video and photography over certain areas ofthe United States. By granting this Petition, the FAA Administrator will be fulfilling the

32Congressional mandate ofthe FAA Modernization and Reform Act of2012, while also advancing the interests ofthe public, by allowing Barry A. Oaks to safely, efficiently, and economically operate the DJI Phantom 2 or Phantom 3 commercially withintheNAS. In accordance with the Federal Aviation Regulations and the FAAModernization and Reform Act of2012, Section 333, Barry A. Oaks respectfully requests that the Administrator grantthis Petition for an exemption from the requirements of 14 C.F.R Sections 61.113(a) & (b), 91.7(a), 91.121, 91.15l(b), 91.405(a), 91.407(a)(l), 91.409(a)(l) & (a)(2), and 91.417(a) & (b), and permit Barry A. Oaks to operate the DJI Phantom 2 Version 2.0 and Phantom 3 commercially for the purpose ofconducting aerial video and photography over certain areas ofthe United States. Dated: April22, 2015

Respectfully submitted, Barry A. Oaks

# ~Q

Appendices: 13611 E. Van Mar Lane Galt, CA 95632 Tel: (209) 986-5894

A- DJIPhantom 2 Version 2.0 and Phantom 3 information statement

33APPENDIX-A 

### DJI PHANTOM 2 Version 2.0 and Phantom 3 information statement BarryA. Oaks onlyutilizes safe andreliable UASs. DJI is an industry leader in small UAS production. DJIUASs are loaded with ground breaking software enabling the user to set parameters which will not allow flight into controlled airspace. Parameters can also be set to limit flight to no higher than a predetermined and set altitude as well as limit flight to a predetermined and set distance. In addition, DJI software provides real-time altitude and location information to the PIC viathe linked monitor.



### Phantom2

Phantom3Weight with Battery and propellers Maximum Flight speed Flight Time TakeoffWeight Operating Temperature Battery Diagonal length Weight withbattery and propellers Maximum Flight Speed Flight Time Operating Temperature Battery Diagonal Length

34 1000 grams/2.2 lbs. 15 rn/s /33.55mph 25 minutes 1300 grams max./2.86 lbs -10c to +40c 3S LIPO /5200 

### mAh 350mm/13.78 inches 1280 grams/2.82 lbs 16 rn/s /35.79 mph 23 minutes Octo 40c 4S LIPO /4480 

### mAh 350mm/13.78 inches