UNITED STATES OF AMERICA DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION WASHINGTON, D.C.



### IN THE MATTER OF THE PETITIONFOREXEMPTION OF: JIMMY ANTONIO AGUILA ROSARIO FORAN EXEMPTION SEEKING RELIEF FROM THE REQUIREMENTS OF TITLE 14 

### OF THE CODE OF FEDERAL REGULATIONS SECTIONS 61.113(a) 

### & (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1)

& 

### (a)(2), 

### AND 91.417(a) & 

### (b) 

### CONCERNING COMMERCIAL OPERATION OF DJI PHANTOM 2 VISION PLUS AND DJI PHANTOM 3 UNMANNED AIRCRAFT SYSTEMS PURSUANT TO SECTION 333 

### OF THE FAA MODERNIZATION AND REFORM ACT OF 2012 

### (PUBLIC LAW 112-95)



## S.u~ttedfln



## ~~ 1, 2015.



# J~!**4~ ~~la**  Rosano Parque Napoleon 5CC20 · Villa FontanaPark Carolina, Puerto Rico 00983 (787) 225-0586 Email: pilotodeportivopr@icloud.com

1TABLE OF CONTENTS Page GLOSSARY OF ABBREVIATIONS...................................................................................3 SUMMARY...........................................................................................................................4 INTRODUCTION AND INTERESTS OF PETITIONER.
...................................................4 BACKGROUND....................................................................................................................4 BASIS FORPETITION.........................................................................................................4 NAME AND ADDRESS OF PETITIONER.
............................................................6 THE SPECIFIC SECTIONS OF 14 C.P.R. FROM WHICH JIMMY ANTONIO AGUILA ROSARIO SEEKS EXEMPTION...............................................................................................6 THE EXTENT OF RELIEF JIMMY ANTONIO AGUILA ROSARIO, SEEKS AND THE REASON JIMMY ANTONIO AGUILA ROSARIO, SEEKS THE RELIEF.................................................9 THE REASONS WHY GRANTING JIMMY ANTONIO AGUILA ROSARIO, REQUEST WOULD BE IN THE PUBLIC INTEREST ................................................................11 THE REASONS WHY GRANTING THE EXEMPTION WOULD NOT ADVERSELY AFFECT SAFETY.......................................................................... 13 SUMMARY THAT CAN BE PUBLISHED IN THE FEDERAL REGISTER.

.... .23 ANYADDITIONAL INFORMATION, VIEWS, ORARGUMENTS AVAILABLE TO SUPPORT CINEMACAPTURE VIDEOGRAPHY'S REQUEST...............................................................................................................23 CONCLUSION....................................................................................................................24 APPENDICES.........................................................................................25

2AGL AOI ATC ATO AV CFR COA FAA FAR GCS GPS LOL NAS PIC Section 333 

# so SOP UA UAS VFR VLOS VMC VTOL GLOSSARY OF ABBREVIATIONS Above Ground Level Area oflnterest Air Traffic Control AirTraffic 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 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 JimmyAntonio AguilaRosario, seeks exemptionfrom the requirements of 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), to operate anUnmanned Aircraft Systempursuantto Section 333 ofthe FAA Modernization andReformAct of2012 (FMRA). This exemptionwillpermitJimmy Antonio AguilaRosario to operate an UnmannedAircraft System (U AS) for the commercialpurpose of conducting aerial video andphotography, real estate photography, and special events over certain areas ofthe United States and itsterritories. INTRODUCTIONAND INTERESTS OFTHEPETITIONER Jimmy Antonio AguilaRosario provides clients with expertise andknowledge 

### in advancedtechnologies and solutions to increase efficiency, productivity and effectiveness. Jimmy Antonio AguilaRosario also provides clientswiththe highest quality digital content for use intheir commercial,personal, and non-profit multimediaprojects. Petitioneris a SportPilot with an Instructorrating. Petitionerhas over 2 years ofrecreational/hobby experience inall aspects ofaerial video andphotography. Petitioner objective in aerial video andphotography operations is to providehighquality imaging for a variety ofstate government, commercial, public, and residential uses, specificallytargeting:
• Special event coverage • Real Estate Photography • Increasepublicknowledge ofUAS and promote safe UAS operations. • Residential and Commercial Construction BACKGROUND Unmanned Aircraft Systems: DJI Phantom 2 VisionPlus and DJI Phantom 3 JimmyAntonio AguilaRosario seeks an exemptionto operate DJI systems for compensationorhirewithintheNAS. The DJI Phantom 2 VisionPlus andDJIPhantom 3 are vertical takeoffand landing (VTOL) UnmannedAircraft (UA) with a Ground Control Station (GCS) utilizing electronictablet or smartphone systems. The DJIPhantom2 VisionPlus and DJI Phantom 

### 3 have a maximum gross weight ofapproximately 1280 gram, while having a length of 16 incheswidth of 16 inches, height of8 inches, and a maximum speed of approximately 29knots. The DJI Phantom 2 VisionPlus and DJIPhantom 

### 3 UAs are equipped withfour mainrotors; drivenbyLithiumPolymerbatterypowered electric motors. The DJI Phantom 2 VisionPlus andDJI Phantom 3 UAs thatwill be operatedbyJimmy Antonio AguilaRosario, will beregistered inaccordance with49 U.S.C. 44103,

### Registration of Aircraft, aswell as 14 C.F.RPart47,

### AircraftRegistration, andmarked in accordance with 14 C.P.R. Part45,

### Identification andRegistrationMarking. BASIS FORPETITION

4Petitioner, JimmyAntonio AguilaRosario, pursuantto theprovisions ofthe Federal Aviation Regulations (14 C.P.R.§ 11.61) and the FAAModernization and Reform Act of2012 (FMRA), Section 333, SpecialRules for Certain UnmannedAircraftSystems, herebypetitions theAdministratorto commercially operate the DJI Phantom 2 VisionPlus and DJI Phantom 3 UASs inthe National Airspace System (NAS), and for an exemption from therequirements of 14 C.F.R §§ 61.113(a) 

### & (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(l), 91.409(a)(1) 

### & (a)(2), and 91.417(a) & (b). In consideration ofthe speed, weight, size, and limited operating area associated withthe unmanned aircraft and its operation, JimmyAntonio AguilaRosario, will meetthe conditions of FMRA Section 333 and therefore, will notrequire an airworthiness certificate inaccordance with 14 C.P.R. Part21, Subpart H. Accordingly, JimmyAntonio Aguila Rosario, 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. Jimmy Antonio AguilaRosario submits thatthe requestedreliefisproper since an equivalent level ofsafety will be ensured. Petitioner will use his experienceto perform maintenance, alterations, orpreventive maintenance onthe UASs using the methods, techniques, andpractices prescribedinthe operating documents (i.e., MonthlyMaintenance Log, and DJI Phantom 2 Vision Plus and DJI Phantom 3 InstructionManual). Furthermore, Petitionerwill document and maintain all maintenance records for the DJIPhantom 2 Vision Plus andDJI Phantom 3 UASs. Relieffrom certainrequirements ofSection 61.113( a) and (b), entitledPrivatepilot privileges andlimitations: Pilotin command, is requested byJimmyAntonio AguilaRosario, to the extentnecessaryto allow a Pilot in Command (PIC) bymeetingminimumflight- hour and currencyrequirements, thatthe PIC is able to safely operate the DJI Phantom 2 VisionPlus and DJI Phantom 3 UASs in a manner consistent withthis exemption, including evasive and emergencymaneuvers andmaintaining appropriate distances from people, vessels, vehicles and structures. JimmyAntonio AguilaRosario, seeks relieffrom Section 91.7(a), entitled Civil aircraft airworthiness, because the DJIPhantom 2 VisionPlus and DJI Phantom 3 UASs do notrequire an airworthiness certificate in accordance with 14 C.F.R. Part21, SubpartH. As such, Jimmy AntonioAguilaRosario will ensure thatthe 3 UASs are in an airworthy condition,priorto every flight, bydeterminingthatthe UASs are incompliancewiththe operating documents (i.e., Monthly MaintenanceLog, and DJI Phantom 2 Vision Plus andDJIPhantom 3 Instruction Manual), andthatthe aircraft are in a condition for safe flight. JimmyAntonio AguilaRosario also seeks anexemption from therequirements ofSection 91.121, entitledAltimeterSettings, as the DJIPhantom 2 Vision Plus andDJI Phantom 3 UAs will nothave a typical barometric altimeter onboard. However, altitude information ofthe DJI Phantom 2 Vision Plus and DJI Phantom 3 UAs will beprovidedto the PIC via Global Positioning System (GPS) equipment andradio communications telemetry data link, which downlinks from the UA to the GCS for activemonitoring ofthe flight path. This altitude information, combined with myoperation ofthe DJI Phantom 2 VisionPlus and DJI Phantom 3 UASs within visual line ofsight, at orbelow400 feet AGL, will ensure a level ofsafety equivalentto Section 91.121. Additionally, JimmyAntonio AguilaRosario seeks anexemptionfrom therequirements ofSection 91.151(b), entitledFuel requirements for flight in VFR conditions. JimmyAntonio

5Aguila Rosario, submits that safety will not be affected by operation ofthe DJI Phantom 2 Vision Plus and DJI Phantom 3 UAs during daylight hours invisual meteorological conditions (VMC) under visual flight rules (VFR), with enough battery powerto :fly for a total duration of approximately 15 minutes to the first point ofintended landing and, assuming normal cruising speed, to :fly after that for atleast 4.5 minutes. In accordance with 14 C.P.R.§ 11.81, Jimmy Antonio Aguila Rosario, provide the following information in support ofits petition for exemption: A. Narne and Address ofthe Petitioner: Jimmy Antonio Aguila Rosario Parque Napoleon 5CC20 Villa Fontana Park Carolina, Puerto Rico (787) 225-0586 Email: pilotodeportivopr@icloud.com B. The Specific Sections of14 C.F.R. from Which Jimmy Antonio Aguila Rosario Seeks Exemption. 1. Jimmy Antonio Aguila Rosario Seeks Exemption from the Requirements of Section 61.113(a) and (b). Section 61.113, entitled Private pilotprivileges and limitations: Pilot in command, subsections (a) and (b) prescribe the following, inrelevantpart: (a) No person who holds a private pilot certificate may act as a pilot in command (PIC) of an aircraft that is carrying passengers orproperty for compensation orhire; nor may that person, for compensation or hire, 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 carrypassengers orproperty for compensation or hire. 2. Jimmy Antonio Aguila Rosario Seeks Exemption From The Requirements Of Section 91.7(a). Section 91.7, entitled CivilAircraftAirworthiness, subsection (a), states the following: (a) No person mayoperate a civil aircraft unless it is in an airworthy condition. 3. Jimmy Antonio Aguila Rosario Seeks Exemption From The Requirements Of Section 91.121. Section 91.121, entitled Altimeter settings, subsection (a), states the following, inpart:

6(a) Each person operating an aircraft shall maintain the cruising altitude orflight level of that aircraft, as the case maybe, byreference to an altimeter that is set, when operating-- (1) Below 18,000 feet MSL, to-- (i) The current reported altimeter setting ofa station along the route and within 1

00 nautical miles ofthe aircraft; (ii) Ifthere is no station within the areaprescribed inparagraph (a)(1)(i) ofthis section, the current reported altimeter setting ofan appropriate available station; or (iii) In the case ofan aircraft not equipped with a radio, the elevation ofthe departure airport or an appropriate altimeter setting available before departure. 4. Jimmy Antonio Aguila Rosario Seeks Exemption From The Requirements Of Section 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 enough fuel tofly to the firstpointof intendedlanding and, assuming normal cruising speed, tofly after that for at least 20 minutes. 5. Jimmy Antonio Aguila Rosario Seeks Exemption From The Requirement Of Section 91.405(a). Section 91.405, entitledMaintenance required, subsection (a), states the following: Each owner or operator ofan aircraft- (a) Shall have that aircraft inspected as prescribed in subpart E ofthis part and shall between required inspections, except as provided 

### inparagraph (c) ofthis section, have discrepancies repaired as prescribed inpart 43 ofthis chapter[.]

6. Jimmy Antonio Aguila Rosario, Seeks Exemption from the Requirements of Section 91.407(a) (1) Section 91.407, entitled Operation after maintenance,preventive maintenance, rebuilding, or alteration, subsection (a)(1), states the following: (a) No person may operate any aircraft that has undergone maintenance, preventive maintenance, rebuilding, or alteration unless--

7(1) Ithas been approved for return to service by a person authorized under§ 43.7 of this chapter. 

### 7. Jimmy Antonio Aguila Rosario Seeks Exemption from the Requirements of Sections 91.409(a) (1) and 91.409(a) (2). Section 91.409, entitled

### Inspections, subsection (a), states the following: (a) Except as provided inparagraph (c) ofthis section, no person may operate an aircraft unless, within the preceding 12 calendar months, it has had-- (1) An annual inspection in accordance with part 43 ofthis chapter and has been approved for return to service by a person authorized by§ 43.7 ofthis chapter; or (2) Aninspection for the issuance ofan airworthiness certificate in accordance with part 21 ofthis chapter. 

### 8. Jimmy Antonio Aguila Rosario Seeks Exemption from the Requirements of Sections 91.417(a) and 91.417(b). Section 91.417, entitled

### Maintenance records, subsections (a) and (b), state the following: (a) Except for workperformed in accordance with§§ 91.411 and 91.413, each registered owner oroperator 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 other required or approved inspections, as appropriate, for each aircraft (including the airframe) and each engine, propeller, rotor, and appliance ofan aircraft. The records mustinclude-- (I) A description (orreference to data acceptable to the Administrator) ofthe 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.

8(iii) The time since last overhaul ofall items installed onthe aircraft which are required to be overhauled on a specified time basis. (iv) The current inspection status ofthe aircraft, including the time since the last inspection required bythe inspectionprogram under which the 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 and revision date. Ifthe AD or safety directive involves recurring action, the time and date when the next action is required. (vi) Copies ofthe forms prescribed by§ 43.9(d) ofthis chapter for each major alteration to the airframe and currently installed engines, rotors, propellers, and appliances. (b) The owner or operator shall retain the following records for the periods prescribed: (1) The records specified inparagraph (a)(1) ofthis section shall be retained until the work is repeated or superseded by other work orfor 1 year after the work is performed. (2) The records specified in paragraph (a) (2) ofthis section shall be retained and transferred with the aircraft atthe time the aircraft is sold. (3) A list ofdefects furnished to a registered owner or operator under § 4 3.11 ofthis chapter shall beretained until the defects are repaired and the aircraft is approved for returnto service.



### C. The Extent OfReliefJimmyAntonio Aguila Rosario, Seeks And The Reason Jimmy Antonio Aguila Rosario, Seeks TheRelief. 1. 

### Extent ofReliefJimmy Antonio Aguila Rosario, Seeks And the Reason Jimmy Antonio Aguila Rosario, Seeks Relieffrom Section 61.113(a) and (b). Relieffrom Section 61.113(a) and (b) entitled Privatepilot privileges andlimitations: Pilot in command, is requested to the extent necessary to allow a PIC holding a private pilot or higher level certificate, as well as a current and valid airman medical certificate, and who has met certain flight-hour and currency requirements, to conductthe proposed UAS flight operations for compensation orhire. Further: • Petitioner is a Sport Pilot and Sport Pilot Instructor. • Petitionerhas over 150 hrs. Offlight hours in a variety ofsportplanes. • Petitionerhas been flying RC for more than two years inthe field and computer simulations.

9This 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 inconnection 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 orhire. As set forth more fully below, JimmyAntonio Aguila Rosario, submits that an equivalent level ofsafety will be maintained because no PIC will be allowed to operate the DJI Phantom 2 Vision Plus and DJI Phantom 3 UAS except for the petitioner. Further, Jimmy Antonio Aguila Rosario submits that all flights ofthe DJI Phantom 2 Vision Plus and DJI Phantom 3 UASs, conducted bythe PIC pursuant to the grant ofthis Petition: (1) will be incidental to petitioner and (2) will not carry passengers orproperty for compensation orhire. 

### 2. Extent OfReliefJimmy Antonio Aguila Rosario, Seeks And TheReason Jimmy Antonio Aguila Rosario, Seeks ReliefFrom Section 91.7(a). Relieffrom Section 91.7(a) entitled 

### Civil aircraft airworthiness, is requested to the extent required to allow Jimmy Antonio Aguila Rosario, to determine that the DJI Phantom 2 Vision Plus and DJI Phantom 2 Vision Plus and DJI Phantom 3 UASs are in airworthy condition prior to every flight by ensuring thatthe UAS is incompliance withthe operating documents (i.e., Operations Manual, Monthly Maintenance Log, and DJI Phantom 2 Vision Plus and DJI Phantom 3 Instruction Manual). Jimmy Antonio Aguila Rosario seeks the requested reliefbecause the DJI Phantom 2 Vision Plus and DJI Phantom 3 UASs do notrequire an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H. Therefore, Jimmy Antonio Aguila Rosario, will ensure that the DJI Phantom 2 Vision Plus and DJI Phantom 3 UASs are in airworthy condition based upon its compliance withthe operating documents (i.e., Monthly Maintenance Log, and DJI Phantom 2 Vision Plus and DJI Phantom 3 Instruction Manual) prior to every flight, and further, determine thatthe aircraft are in condition for safe flight, as stated in the conditions and limitations below. 

### 3. Extent OfReliefJimmy Antonio Aguila Rosario, Seeks And The Reason Jimmy Antonio Aguila Rosario, Seeks ReliefFrom Section 91.121. Relieffrom Section 91.121, entitled Altimeter settings, may be required to allow flight operations ofthe DJI Phantom 2 Vision Plus and DJI Phantom 2 Vision Plus and DJI Phantom 3 UASs, which utilize a barometric pressure sensor, GPS equipment, and a radio communications telemetry data linkto downlink altitude informationfrom the UAto the PIC at the ground control station (GCS). Since the FAA requires that any altitude information concerning UAS operations be reported to airtraffic control (ATC) in feet above ground level (AGL), Jimmy Antonio Aguila Rosario, seeks the requested reliefbecause the DJI Phantom 2 Vision Plus and DJI Phantom 3 UA's altimeter may be set onthe ground to zero feet AGL, rather thanthe 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 extent necessary to comply withthe applicable conditions and limitations stated below. As more fully set forth herein, an equivalent level ofsafety will be maintained since the DJI Phantom 2 Vision Plus and DJI Phantom 3 UAs are equipped with a barometric pressure sensor and GPS equipment, which automatically ensures that a ground level pressure setting will
10be established priorto each flight, and provides the PIC with altitude information ofthe UA on the heads-up display ofthe GCS. 4. Extent OfReliefJimmy Antonio Aguila Rosario, Seeks And The Reason Jimmy Antonio Aguila Rosario, Seeks ReliefFrom Section 91.15l(b). Relieffrom Section 91.15l(b) entitled Fuel requirements for flight in VFR conditions, is requested to the extent required to allow flights ofthe batterypowered DJI Phantom 2 Vision Plus and DJI Phantom 3 UAs during daylight hours invisual meteorological conditions (VMC), under visual flight rules (VFR), for a total duration of 15 minutes to the first point ofintended landing and, assuming normal cruising speed, to fly afterthat for at least 4.5 minutes. Jimmy Antonio AguilaRosario seeks the requested reliefbecause without an exemption from Section 91.151(b), the flight time duration ofthe battery powered DJI Phantom 2 Vision Plus and DJI Phantom 3 UAs will severely constrain thepracticality ofany aerial video or still photo flight operations that JimmyAntonio Aguila Rosario, proposes to conductpursuant to this Petition. Significantly, as set forth below, the technical specifications ofthe DJI Phantom 2 Vision Plus and DJI Phantom 3 UASs, the DJI Phantom 2 Vision Plus and DJI Phantom 3 operating documents, and Jimmy Antonio AguilaRosario, proposed operating limitations, ensure that Jimmy Antonio Aguila Rosario, will safelyoperate the battery powered DJI Phantom2 Vision Plus and DJI Phantom 3 UAs during daylight hours in visual meteorological conditions (VMC), under visual flight rules (VFR), with enough battery 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 OfReliefJimmy Antonio Aguila Rosario, Seeks And The Reason Jimmy Antonio Aguila Rosario, 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, Above ItAll, LLC, requests relieffrom these Sections because the DJI Phantom 2 Vision Plus and DJI Phantom 3 UASs do not require airworthiness certificates. As set forth more fully below, the DJI Phantom 2 Vision Plus and DJI Phantom 3 UASs meet the conditions ofFMRA Section 333 for operation without an airworthiness certificate. Accordingly, JimmyAntonio AguilaRosario, will perform maintenance, alterations, orpreventive maintenance onthe UASs using the methods, techniques, and practices prescribed inthe UAS operating documents (i.e., the Operations Manual, Monthly Maintenance Log, and DJI Phantom 2 Vision Plus and DJI Phantom 3 InstructionManual). Furthermore, Jimmy Antonio Aguila Rosario, will document and maintain all maintenance records for the DJI Phantom 2 Vision Plus and DJI Phantom 3 UASs. D. The Reasons Why GrantingJimmy Antonio Aguila Rosario's Request Would Be In The Public Interest; That

### Is, How ItWould Benefit The Public 

### As A Whole. Granting the present Petition will further the public interest by allowing Jimmy Antonio Aguila Rosario, to safely, efficiently, and economically perform aerial video and photography for real estate photography, and special events over certain areas ofthe United States and its territories.

11Additionally, use ofthe DJI Phantom 2 Vision Plus and DJI Phantom 3 UASs will decrease congestion ofthe NAS, reduce pollution, and provide significant benefits to the economy. Notably, the benefits ofJimmyAntonio Aguila Rosario, proposed operation ofthe DJI Phantom 2 VisionPlus and DJI Phantom 3 UASs will berealized without implicating any privacy issues. 

### 1. 

### The Public Will BenefitFromDecreased Congestion OfThe NAS. The DJI Phantom 2 Vision Plus and DJI Phantom 3 UAs are battery powered and serve as a safe, efficient, and economical alternative to the manned aircraft traditionally utilized to obtain aerial imagery. By reducing the amount ofmanned aircraft needed to perform aerial acquisitions, an exemption allowing the use ofa DJI Phantom 2 Vision Plus and DJI Phantom 3 UAS would reduce the amount ofmanned aircraft inthe NAS, reduce noise and air pollution, as well as increase the safety oflife and property in the air and on the 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 Vision Plus and DJI Phantom 3 UAs do notrequire an airport to takeofforland. Likewise, a reduction ofmanned aircraft conducting aerial video and photography missions would result in fewer aircraft that must be handled by airtraffic control during the ground, takeoff, departure, arrival, and landing phases offlight operations. 

### 2. ThePublic Will Benefit from the Safety and Efficiency ofthe DJI Phantom 2 Vision Plus and DJIPhantom 3UASs. Conducting aerial acquisitions with the DJI Phantom 2 Vision Plus and DJI Phantom 3 UASs, 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. Byusing battery power and electric motors, the DJI Phantom 2 Vision Plus and DJI Phantom 3 UASs produce no air pollution, and is the most viable environmentally conscious alternative to the cabin class, six cylinder internal combustion engine aircraft that are typically utilized for aerial video and photography, while burning approximately 20-30 gallons per hour of leaded aviation fuel. The DJI Phantom 2 Vision Plus and DJI Phantom 3 UAs, while reducing the carbon footprint ofaerial acquisitions, also eliminates noise pollution, as the UAs are propelled bybattery powered electric motors, rather than an internal combustion engine. Byusing the DJI Phantom 2 Vision Plus and DJI Phantom 3 UASs to perform aerial acquisitions, the substantial risk to life andproperty in the air and onthe ground, which is usually associated withtraditional manned aircraft flight operations, will be substantially reduced or completely eliminated. Aside from the lack offlight crewmembers located onboard the aircraft, the DJI Phantom 2 Vision Plus and DJI Phantom 3 UAs (weighing approximately 2 pounds 11 ounces, atmaximum gross weights with lengths of 16 inches, widths of 16 inches, and with no fuel on board), has less physical potential for collateral damage to life and property on the ground, and in the air, compared to the manned aircraft thattypically conduct similar operations (weighing approximately 6,000 pounds with a wingspan ofapproximately 42 feet, a length of34 feet, and a fuel capacity of 180 gallons). 

### 3. PerformingAerial Video and Photography Operations with the DJIPhantom 2 Vision Plus and DJI Phantom 3 UASs Will Benefit the Economy. 

### 12In addition to being safe and efficient, the DJI Phantom 2 Vision Plus and DJI Phantom 3 UASs are also an economical alternative to using manned aircraft to conduct similar aerial operations. As such, operation ofthe DJI Phantom

### 2 Vision Plus and DJI Phantom 

### 3 UASs will allowUnited States based companies and individuals, like Jimmy Antonio Aguila Rosario, to remain competitive and contribute to the growth ofthe U.S. economy. Specifically, with the rising cost ofaviation fuel and the Environmental ProtectionAgency ("EPA") regulatory actions phasing out leaded aviation fuels, U.S. owned and operated companies must adopt new and alternative technology in order to remain competitive. Operating the battery powered DJI Phantom 

### 2 VisionPlus and DJI Phantom 

### 3 UASs is one suchtechnologythat not only allows companies greater operational flexibility comparedto manned aircraft, butprovides such flexibility withoutthe high operational cost ofa traditional manned aircraft. By operatingthe DJI Phantom2 Vision Plus and DJI Phantom 3 UASs, companies and individuals such as Jimmy Antonio Aguila Rosario, canremain competitive and profitable, and therefore, provide greaterjob stabilityto employees and contractors, which will ultimately contribute to growth ofthe U.S. economy. Improved financial performance ofU.S. companies, through commercial use ofthe DJI Phantom 2 Vision Plus and DJI Phantom 3 UASs, provides a stable workforce that increases consumer spending; improves local, state, and federal tax revenues; and allows companiesto invest inresearch and development in orderto remain competitive both inthe United States and abroad. 

### 4. There Are No PrivacyIssues. Similarto the manned aerial acquisition flight operations that have beenconducted for decades, Jimmy Antonio AguilaRosario, proposed operation ofthe DJI Phantom 2 Vision Plus and DJI Phantom 

### 3 UASs will not implicate any privacy issues. Specifically, the DJI Phantom 

### 2 Vision Plus and DJI Phantom 

### 3 UASs will be operated only in compliance with operating documents (i.e., the OperationsManual, MonthlyMaintenance Log, and DJI Phantom 2 Vision Plus and DJI Phantom 

### 2 Vision Plus and DJI Phantom 

### 3 InstructionManual) which requires property owner involvement as well as local law enforcement notification, and in accordance with the Federal Aviation Regulations, including the minimum altitude requirements of 14 C.F.R. 

### § 91.119. 

### E. The Reasons Why GrantingTheExemptionWould Not Adversely Affect Safety, Or How TheExemptionWould Provide A Level OfSafety At LeastEqual To That Provided By The Rule From Which I SeekExemption. 1. 

### Reasons Whythe DJI Phantom 2 Vision Plus and DJIPhantom3 UAs Meet 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, my operation ofthe DJI Phantom2 Vision Plus and DJI Phantom 3 UASs meetthe conditions ofFMRA Section 333, and will notrequire an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H. Section 333 provides authority for a UAS to operate without airworthiness certification and sets forth requirements for considering whether a UAS will create a hazard to users ofthe
13NAS orthe public, or otherwise pose a threat to national security. Specifically, FMRA Section 333 states the following, 

### inpart: (a) In

**General.~-Notwithstanding** any other requirement of this subtitle, andnot later than 180days after the date of enactment of thisAct, the Secretary of Transportation shall determine 

### if certain unmannedaircraft systems mayoperate safely in the national airspace system before completion of theplan andrulemaking required by section 332 of thisActor the guidance requiredbysection 334 of thisAct. (b) Assessment ofUnmannedAircraftSystems.--In making the determination under subsection (a), the Secretary shall determine, at a minimum-- (1) which types of unmannedaircraft systems, 

### if any, as a result of their size, weight, speed, operational capability, proximity to airports and populated areas, andoperation within visual line of sight do not create a hazardto users of the nationalairspace system or thepublic orpose a threat to national security; and (2) Whether a certificate of waiver, certificate of authorization, or airworthiness certification under section 44704 of title 49, UnitedStates Code, is required for the operation of unmannedaircraft systems identifiedunderparagraph 

### (1). (c) Requirements for Safe Operation.--Ifthe Secretary determines under this section that certain unmannedaircraftsystems may operate safely in the national airspace system, the Secretary shall establish requirements for the safe operation of such aircraft systems in the national airspace system. In seeking this exemption, Jimmy Antonio Aguila Rosario, submits that the DJI Phantom 2 Vision Plus and DJI Phantom 3 UASs can operate safely inthe NAS pursuantto FMRA Section 333, as demonstrated by: (a) the characteristics ofthe DJI Phantom 2 Vision Plus and DJI Phantom 3 UASs; (b) the pilot certification requirement; and (c) the specific operating limitations.

a. The Specifications ofthe DJI Phantom 2 Vision Plus and DJI Phantom 3 UASs Demonstrate Its Safe Characteristics. The DJI Phantom 

### 2 VisionPlus and DJI Phantom 

### 3 UASs 

### do not create a hazard to users ofthe NAS orthe public, or otherwise pose a threat to national security considering its size, weight, speed, and operational capability. I. Technical Specifications ofthe DJI Phantom 2 Vision Plus and DJI

Phantom 3 UASs. The technical specifications ofthe DJI Phantom 2 Vision Plus and DJI Phantom 3 UASs are set forth by the DJI Phantom 

### 2 Vision Plus and DJI Phantom 

### 3 Specifications and Data Sheet.

14

### ii. TheDJIPhantom2 Vision Plus and DJIPhantom 3 UASs Autonomous Flight And Navigation Modes Enable The UASs To Remain Within A Defined OperationalArea. The DJI Phantom 2 Vision Plus and DJI Phantom 3 UASs maybe operated in both manual and fully autonomous flight modes. A complete description ofthe flight and navigational modes ofthe DJI Phantom 2 Vision Plus and DJI Phantom 3 UASs is available on-line at DJI Phantom 2 Vision plus User Manual and DJI Phantom 3 User Manual. iii. 

### The DJI Phantom 2 Vision Plus and DJI Phantom 3 UASs Are Designed ForAutomatic Return To Home Point OrHover In The Event OfLoss OfThe ControlLinkOrNavigation. When the Control Link is lost, the DJI Phantom 2 Vision Plus and DJI Phantom 3 UAs will remain stationary, inflight, for 3 seconds or more. If, after 3 seconds, the DJI Phantom 2 Vision Plus and DJI Phantom 3 UAs do notreacquire control link data from the GCS, the UAs will assume that the Control Link is lost and the UAs will return to the home position (i.e., failsafe mode) via GPS, and will descend to the takeoffposition and shutdown. A complete description ofthe Failsafe Functions ofthe DJI Phantom 2 Vision Plus and DJI Phantom 3 UASs is available on-line at DJI Phantom 2 Vision plus User Manual and DJI Phantom 3 User Manual.



### a. Flights OfDJI Phantom 2 Vision Plus and DJI Phantom 3 UASs Will Be Conducted Pursuant To Specific OperatingLimitations. In seeking this exemption, Jimmy Antonio Aguila Rosario, proposes to commercially operate DJI Phantom 2 Vision Plus and DJI Phantom 3 UASs for the purpose ofconducting aerial video and photography over certain areas ofUnited States and its territories, pursuant to the following specific operating limitations: 1. Operations authorized bythis grant ofexemption will be limited to the following aircraft described inthe operating documents, rotorcraft UASs weighing less than 55 pounds maximum gross weight: DJI Phantom 2 Vision Plus and DJI Phantom 3 Unmanned Aircraft 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 and photography. 3. The UAs may not be flown at an indicated airspeed exceeding 20 knots. 4. The UA must be operated at an altitude ofno more than 400 feet above ground level (AGL), as indicated bytheprocedures specified inthe operating documents unless a special request is made and approved byATC. All altitudes reported to ATC mustbe in feetAGL.



### 155. The UAs must be operated within visual line ofsight (VLOS) ofthe PIC at all times. This requires the PIC to be able to use human vision unaided by any device otherthan corrective lenses, as specified onthe PIC's FAA-issued airman medical certificate. 6. The use offirst person view (FPV) bythe 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 permitted during flight operations. The PIC mustbe designated before the flight and cannottransfer his orher designation for the duration ofthe flight. The PIC must ensure that the SO canperform the functions prescribed inthe operating documents. 8. The SO must notperform any other duties beyond assisting the PIC with seeing and avoiding other airtraffic and other ground based obstacles/obstructions and is not permitted to operate the camera or other instruments. 9. The operating documents andthe grant ofexemptionmust be accessible during UAS operations and made available to the Administrator upon request. Ifa discrepancy exists between the conditions and limitations contained in the grant ofexemption and the procedures outlined inthe operating documents, the conditions and limitations contained in the grant ofexemptiontake precedence and must be followed. Otherwise, the operator must follow the procedures as outlined inits operating documents. The operator may update orrevise its operating documents. It is the operator's responsibility to track such revisions and present updated and revised documents to the Administrator uponrequest. The operator must also present updated and revised documents ifitpetitions for extension or amendmentto the grant ofexemption. Ifthe operator determines that any update orrevision would affect the basis upon whichthe FAA granted the exemption, then the operator must petition for amendment to its grant ofexemption. The FAA's UAS Integration Office (AFS-80) maybe contacted if questions arise regarding updates orrevisions to the operating documents. 10. Priorto 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 in a condition for safe flight. The Ground Control Stationmustbe included inthe preflight inspection. All maintenance and alterations must beproperly documented inthe aircraft records. 11. Any UAS that has 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 an entry in the aircraft records. 12. The pre-flight inspection must account for all potential discrepancies, e.g. inoperable components, items, or equipment, not already covered inthe relevant sections ofthe operating documents. 

### 1613. The operator must follow the UAS manufacturer's aircraft/component, maintenance, overhaul, replacement, inspection, and life limit requirements. 14. The operatormust carry out its maintenance, inspections, and record keeping requirements, in accordance with the operating documents. Maintenance, inspection, alterations, and status ofreplacement/overhaul component parts must be noted in the aircraft records, including total time in service, description ofwork accomplished, and the signature ofthe authorizedpersonreturning the UAS to service. 15. EachUASs operated underthis exemptionmust comply with all manufacturer Safety Bulletins. 16. The authorized person mustmake an entry inthe aircraft record ofthe corrective action taken against discrepancies discovered between inspections. 17. The operatormay 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 must be logged in a manner consistentwith 14 C.F.R. §61.51(b). Flights for the purposes of training the operator's PICs are permitted underthe terms ofthe 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, andthe PIC must operate the UA with appropriate distance from nonparticipants in accordance with 14 C.F.R. 

### § 91.119. 18. UAS operations may notbe conducted during night, as defined in 14 C.F

### .R. § 1.1. All operations mustbe conducted under visual meteorological conditions (VMC). If flight at night is required, a special request will be made at the FAA office closestto proposed area ofoperations. Flights under special visual flight rules (SVFR) are not authorized. 19. The UA may not operate within 5 nautical miles ofan airport reference point as denoted on a current FAA-published aeronautical chart unless a letter ofagreement withthat airport's management is obtained, and the operation is conducted in accordance with a NOT AM as required bythe operator's COA. The letter of agreement withthe airport managementmustbe made available to the Administrator uponrequest. 20. The UA may notbe operated less than 400 feet below orless than 2,000 feet horizontally from a cloud or when visibility is less than 3 statute miles from the PIC. 21. Ifthe UA loses communications or loses its GPS signal, 

### itmust return to a predetermined location withinthe planned operating area and land orbe recovered in accordance withthe operating documents.



### 1722. The PIC must abort the flight inthe event ofunpredicted obstacles or emergencies in accordance with the operating documents. 23. The PIC is prohibited from beginning a flight unless (considering wind and forecast weather conditions) there is enoughpower to fly at normal cruising speed to the intended landing point and land the UA with 25% battery power remaining. 24. The operatormust obtain an Air Traffic Organization (ATO) issued Certificate of Waiver or Authorization (COA) priorto conducting any operations under the grant of exemption. This COA will also require the operator to request a Notice to Airman (NOT AM) not more than 72 hours in advance, but not less than 48 hours prior to the operation. All operations shall be conducted in accordance with airspace requirements in the ATO issued COA including class ofairspace, altitude level and potential transponder requirements. 25. All aircraft operated in accordance withthe exemption must be identified by serial number, registered in accordance with 14 C.P.R. part 47, and have identification (NNumber) markings in accordance with 14 C.P.R. part 45, Subpart C. Markings must be as large as practicable. 26. Before conducting operations the radio frequency spectrum used for operation and control ofthe UAmust comply with the Federal Communications Commission (FCC) or other appropriate government oversight agency requirements. 27. The documents required fewer than 14 C.P.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 upon request. 28. The UAmust remain clear and yield the right ofway to all manned aviation operations and activities at all times. 29. The UAS may not be operated bythe PIC from any moving device or vehicle. 30. Flight operations must be conducted at least 500 feet from all nonparticipating persons (persons otherthanthe PIC, SO, operator trainees or essential persons), vessels, vehicles, and structures unless:

a. Barriers or structures are presentthat sufficiently protect nonparticipating persons from the UA and/or debris inthe event ofan accident. The operator must ensure that nonparticipating persons remainunder such protection. Ifa situation arises where nonparticipating persons leave suchprotection 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 ofoperating closer to those objects and determined that it does not present anundue hazard, and; 

### 18c. Operations nearer to the PIC, SO, operatortrainees oressential persons do not present an undue hazard to those persons per 

### § 91.119(a). 31. All operations shall be conducted overprivate or controlled-access property with permission from the land owner/controller or authorized representative. Permission from land owner/controller or authorized representative will be obtained for each flight to be conducted. 32. Any incident, accident, or flight operationthattransgresses the lateral or vertical boundaries ofthe operational area as defined bythe applicable COAmust be reported to the FAA's UAS Integration Office (AFS-80) within 24 hours. Accidents must be reported to the National Transportation Safety Board (NTSB) per instructions contained onthe NTSB Web site: www.ntsb.gov. 

### 2. Reasons Why an Exemption from theRequirements ofSection 61.113(a) and (b) 

### Would Not Adversely Affect Safety. JimmyAntonio AguilaRosario, submits that the equivalent level ofsafety established by Section 61.113(a) and (b) will be maintained because no PIC will be allowedto operate the DJI Phantom 2 Vision Plus and DJI Phantom 3 UASs except Jimmy Antonio AguilaRosario, and that PIC has demonstrated, bymeeting minimum flight-hour and currency requirements, that the PIC is able to safely operate the DJI Phantom 2 Vision Plus and DJI Phantom 3 UAS in a manner consistent with the exemption, including evasive and emergency maneuvers and maintaining appropriate distances from people, vessels, vehicles and structures. Considering Jimmy Antonio Aguila Rosario's, proposed area ofoperations, and the operating limitations set forth-above; the parallel nature ofprivate pilot aeronautical knowledge requirements to those ofcommercial pilot requirements (See ExemptionNo. 11062); and the airmanship skills necessary to safely operate the DJI Phantom 2 Vision Plus and DJI Phantom 3 

### VAS, Jimmy Antonio AguilaRosario, submits thatthe additional manned airmanship experience ofa commercially certificated pilot would not correlate to the airmanship skills necessary for Jimmy Antonio AguilaRosario's, specific proposed flight operations. The FAAhas previously granted relieffrom Section 61.113(a) and (b) specific to UAS, in circumstances similar, in all material respects, to those presented herein (e.g. ExemptionNos. 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110, 11112, 11136, 11138, 11150, 11153, 11156, 11158, 11159, 11160, 11161). Jimmy Antonio Aguila Rosario, will not allow any PIC to operate the DJI Phantom 2 Vision Plus and DJI Phantom 3 UAS exceptpetitioner and that PIC has demonstrated, by meeting minimum flight-hour requirements orthe DJI Phantom 2 Vision Plus and DJI Phantom 3 UAS training and currency requirements, that the PIC is able to safely operate the DJI Phantom 2 Vision Plus and DJI Phantom 3 UAS in a manner consistent withthis exemption, including evasive and emergency maneuvers and maintaining appropriate distances from people, vessels, vehicles and structures. Specifically, the PIC musthave accumulated and logged, in a manner consistent with 14 C.P.R. 

### § 61.51(b), 25 hours oftotal time as a UAS rotorcraft pilot (with a minimum of5 hours of those hours as a UAS pilot operating the same make and model ofUAS 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).
19As inExemptionNos. 11062, 11138, and 11153, prior documented flight experience that was obtained in compliance with applicable regulations will ensure an equivalent level ofsafety during my proposed operations. The Administrator has held that prior documented flight experience that was obtained in compliance with applicable regulations would ensure safe operations, stating as follows: In ExemptionNo. 11062, the FAA required thatpriorto conducting operations for the purpose ofmotionpicture filming (or similar operations), the PIC must have accumulated and logged, in a manner consistent with 14 CPR 61.51(b), 25 hours oftotal time as a UAS rotorcraft pilot including at least 10 hours logged as a UAS pilot with a multi-rotor UAS. Prior to operations under ExemptionNo. 11062, 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 under the exemption. Forclarification, the FAA considers these minimum hour requirements to be inclusive rather than additive; i.e. 5 hours make and model time may be included inthe 10 hours ofmulti-rotor time and the 10 hours may be included inthe total25 hours ofUAS rotorcraft time. In addition to the hour requirements, the PIC must accomplish 3 takeoffs and landings in the preceding 90 days (for currency purposes). The FAA finds that at a minimum, the flight-hour requirements in ExemptionNo. 11062 are appropriate to practice and build proficiency in the skills necessary to safely conduct the petitioner's proposed operations. The FAA also finds that prior documented flight experience that was obtained in compliance with applicable regulations would satisfythis requirement. Training, proficiency, and experience-building flights can also be conducted under 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. Exemption No. 11138 atpage 15. Accordingly, Jimmy Antonio Aguila Rosario, will ensure safe operations by not allowing any PIC to operate the DJI Phantom 2 Vision Plus and DJI Phantom 3 UAS unless that PIC has demonstrated, by meeting minimum flight-hour and currency requirements, that the PIC is able to safely operate the DJI Phantom 2 Vision Plus and DJI Phantom 3UAS in a manner consistent with the exemption, including evasive and emergency maneuvers and maintaining appropriate distances from people, vessels, vehicles and structures. 3. Reasons Why an Exemption from the Requirements 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, Jimmy Antonio Aguila Rosario, will ensure that the DJI Phantom 2 Vision Plus and DJI Phantom 3 UAS is in an airworthy condition based upon the UAS's compliance with its operating documents and as stated inthe conditions and limitations herein. Additionally, the FAAhas 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).

204. 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 Vision Plus and DJI Phantom 3 UAs will be provided to the PIC via GPS equipment and a radio communications telemetry data link, which downlinks from the UAto the GCS for active monitoring ofthe flight path and altitude. This altitude information, combined with my operation ofthe DJI Phantom 2 Vision Plus and DJI Phantom 3 UAs within visual line ofsight, at orbelow400 feet AGL, will ensure a level of safety equivalent to Section 91.121. The altitude information will be generated by GPS equipment installed onboard the aircraft. Priorto each flight, a zero altitude initiationpoint is automatically established by the UASs at ground level. The FAAhas previously granted relieffrom Section 91.121 specific to UAS, in circumstances similar, in all material respects, to those presented herein (e.g. ExemptionNos. 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11112, 11136, 11138, 11150, 11153, 11156, 11157, 11158, 11159, 11160, 11161). 5. Reasons Why an Exemption from the Requirements ofSection 91.151(b) Would NotAdversely Affect Safety. A grant ofthis exemption would ensure an equivalent level ofsafety established by 14 C.F.R. Section 91.151(b) as a result of(1) the technical specifications ofthe DJI Phantom 2 Vision Plus and DJI Phantom 3 UASs; (2) the limitations onthe proposed flight operations; and (3) the location ofthe proposed flight operations. Accordingly, Jimmy Antonio Aguila Rosario, will ensure that it will safely operate the battery powered DJI Phantom 2 Vision Plus and DJI Phantom 3 UAs during daylight hours in VFR conditions, with enough batterypower to fly for a total duration of 15 minutes to the first point ofintended landing and, assuming normal cruising speed, to fly after that for at least 4.5 minutes. Here, as in ExemptionNo. Ill09, the technical specifications ofthe DJI Phantom 2 Vision Plus and DJI Phantom 3 UASs; the limitations on the proposed flight operations; and the location ofthe proposed operations, will ensure an equivalent level ofsafety established by 14 C.P.R. Section 91.151(b). Furthermore, safety will be ensured as the DJI Phantom 2 Vision Plus and DJI Phantom 3 UASs provide audible and visual warnings to the PIC atthe GCS when the UAs experiences lowbattery voltage, the first warning occurring at approximately 33% remaining battery power, and again at approximately 10% remaining battery power. Atthe critically lowbattery level, the DJI Phantom3 UASs will descend and land automatically. Significantly, previous exemptions granted bythe FAA concerning Section 91.151 establish that safety is not adversely affected whenthe technical 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 relieffrom Section 91.151 specific to UAS, in circumstances similar, in all material respects, to those presented herein (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).



### 216. Reasons Why An Exemption From The Requirements OfSections 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, JimmyAntonio Aguila Rosario, submit that the equivalent level ofsafety withregard to the regulatory maintenance and alteration requirements established by Sections 91.405(a), 91.407(a)(l), 91.409(a)(l) & (a)(2), and 91.417(a) & (b) will be met because Jimmy Antonio Aguila Rosario, will use trained technicians to perform maintenance, alterations, orpreventive maintenance onthe UASs using the methods, techniques, and practices prescribed in the operating documents (i.e., the Operations Manual, Monthly Maintenance Log, and DJI Phantom 2 Vision Plus and DJI Phantom 3 Instruction Manual). Furthermore, I will document and maintain all maintenance records for the DJI Phantom 2 Vision Plus and DJI Phantom 3 UASs. Likewise, the exemption sought will not adversely affect safety because Jimmy Antonio Aguila Rosario, will use his experience to perform maintenance, alterations or preventive maintenance onthe UAS using the methods, techniques, and practicesprescribed by the operating documents. Furthermore, the exemption sought wouldmaintain an equivalent level ofsafety established by Sections 91.407, 91.417(a) and 91.417(b), because all maintenance ofthe DJI Phantom 2 Vision Plus and DJI Phantom 3 UASs will be performed byme. Maintenance will be documented and maintained utilizing the monthly maintenance log. Significantly, previous exemptions granted by the FAA concerning Sections 91.405(a), 91.407(a)(1), 91.409(a)(l) & (a)(2), and 91.417(a) & (b) establish that safety is not adversely affected whenthe technical characteristics and operating limitations ofthe UAS are considered. In consideration ofmyproposed operating limitations, the operating documents, and the technical aspects ofthe DJI Phantom 2 Vision Plus and DJI Phantom 3 UASs, I submit that safety will notbe adversely affected by granting exemption from 14 C.P.R. Sections 91.405(a), 91.407(a)(1) and (a)(2), 91.409(a)(2), and 91.417(a) and (b). The FAAhas previously granted reliefspecific to UAS in circumstances similar, in all material respects, to those presented herein (e.g. ExemptionNos. 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110, 11112, 11136,11138,11150,11153,11156,11157,11158,11159,11160, 11161). 7. TheFAA May Prescribe Any Other Conditions For Safe Operation. In accordance with Section 333 ofthe FAAModernization and Reform Act of2012 (FMRA) and 14 C.P.R.§ 21.16 entitled Special Conditions, Jimmy Antonio AguilaRosario, requests thatthe FAAprescribe special conditions for the intended operationofthe DJI Phantom 2 Vision Plus and DTI Phantom 3 UASs, which contain such safety standards thatthe Administrator finds necessary to establish a level ofsafety equivalent to that established by 14 C.P.R. Part 21, Subpart H, and 14 C.F.R §§ 61.113(a) 

### & (b), 91.7 (a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b). Such special conditions will permit safe operation ofthe UAs for the limited purpose ofconducting aerial video and photography over certain areas ofthe United States for compensation orhire. 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

22authority 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.P.R. 

### § 21.16, for operation ofthe DJI Phantom 2 Vision Plus and DJI Phantom 3 UASs, since the airworthiness regulations of 14 C.P.R. Part 21 do not contain adequate or appropriate safety standards, due to the novel or unusual design features ofthe aircraft. Section 21.16, entitled Special Conditions, states the following: Ifthe 

### P AA finds that the airworthiness regulations ofthis subchapter do not contain adequate or appropriate safety standards for an aircraft, aircraft engine, orpropeller because ofa novel or unusual design feature ofthe 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 ofthis chapter and contain such safety standards for the aircraft, aircraft engine orpropeller as the 

### P AA fmds necessary to establish a level ofsafety equivalent to that established inthe regulations. See 14 C.P.R.§ 21.16. Therefore, in accordance with PMRA Section 333 and 14 C.P.R. 

### § 21.16, the 

### P AAmay prescribe special conditions for Jimmy Antonio Aguila Rosario's intended operation ofthe DJI Phantom 2 Vision Plus and DJI Phantom 3 UASs, which contain such safety standards that the Administrator finds necessary to establish a level ofsafety equivalent to that established by 14 C.P.R. Part 21, Subpart H, and 14 C.P.R Sections 61.113(a) & (b), 91.7(a), 91.121, 91.151(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 I Seek Exemption: JimmyAntonioAguilaRosario, seeks exemption from the requirements of 14 C.F.R Sections 6Lll3(a)&(b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and91.417(a) & (b). A BriefDescription OfTheNature OfThe Exemption I Seek: This exemption willpermitJimmyAntonioAguilaRosario, to commercially operate an UnmannedAircraftSystem (UAS)for thepurpose of conducting aerial video and photography over certain areas of the UnitedStates and its territories. G. Any Additional Information, Views, OrArguments Available To Support Jimmy Antonio Aguila Rosario, Request. This Petition is made pursuantto the 

### P AA Modernization and Reform Act of2012 (PMRA) Section 333, which directs the Secretary ofTransportation to determine ifcertain UAS may operate safely inthe NAS. As such, Jimmy Antonio Aguila Rosario's request for exemption may be granted pursuant to the authority ofPMRA Section 333 and 14 C.P.R. Part 11, as set forth above.



### 23FMRA 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. As discussed in detail above, JimmyAntonio Aguila Rosario, will operate the DJI Phantom 2 Vision Plus and DJI Phantom 3 UASs safely inthe NAS, without creating a hazard to users ofthe NAS, orthe public, or otherwise pose a threat to national security.

CONCLUSION As set forth herein, Jimmy Antonio Aguila Rosario, seeks an exemptionpursuant to 14 C.P.R.§ 11.61 and Section 333 ofthe FAA Modernization and Reform Act of2012 (FMRA), which will permit safe operation ofthe DJI Phantom 2 Vision Plus and DJI Phantom 3 UASs commercially, without an airworthiness certificate, for the limited purpose ofconducting aerial video and photography over certain areas ofthe United States and its territories. By granting this Petition, the FAA Administrator will be fulfilling the Congressional mandate ofthe FAA Modernization and Reform Act of2012, while also advancing the interests ofthepublic, by allowing Jimmy Antonio Aguila Rosario, to safely, efficiently, and economically operate the DJI Phantom 2 Vision Plus and DJI Phantom 3 UASs commercially within the NAS. WHEREFORE, in accordance withthe Federal Aviation Regulations and the FAA Modernization and Reform Act of2012, Section 333, Jimmy Antonio Aguila Rosario, respectfully requests that the Administrator grant this Petition for an exemption from the requirements of 14 C.F.R Sections 61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(l), 91.409(a)(l) & (a)(2), and 91.417(a) & 

### (b), and permit Above 

### It All, LLC, to operate the DJI Phantom 2 Vision Plus and DJI Phantom 3 UASs commercially for the purpose ofconducting aerial video and photography over certain areas ofthe United States and its territories. Dated: August 1, 2015

Re ecy_: s b i d, 

### Jj y kuitoni "Ia Rosario

·· que Nap · 6n 5CC20 Villa FontanaPark Carolina, Puerto Rico 00983 (787) 225-0586 Mobile Email: pilotodeportivopr@icloud.com

24APPENDICES: Appendix A- DJI Phantom 2 Vision Plus and Phantom 3 Technical Specifications Appendix B

- Phantom 2 Vision Plus and Phantom 3 Pre-Flight Inspection Check List Appendix C

- Phantom Flying Flowchart Appendix D

- Monthly Maintenance Log 

### APPENDIX A DJI PHANTOM 2 VISION PLUS AND DJI PHANTOM 3 TECHNICAL SPECIFICATIONS Jimmy Antonio AguilaRosario only utilizes safe and reliable UASs. DJI is an industry leader in small UAS production. DJI UASs are loaded with ground breaking software enabling the user to setparameters which will not allow flightinto 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 (smartphone/tablet devices).
Phantom 2 Vision Plus and Phantom 3 Purchased from IntelligentUAS (Dll authorized dealer) General Specs. Weight (Including BatteryAnd Propellers) 1280 g Diagonal Size (Including Propellers) 590mm MaxAscent Speed 5 m/s MaxDescent Speed 3 m/s HoverAccuracy Vertical:+/- lOcm Horizontal: +/- lm Max Speed 16 m/s (ATTI mode, no wind) MaxAltitude Above Sea Level 6000m Operating Temperature 

## ooc to 40°C GPSMode GPS/GLONASS Camera Sensor Sony EXMOR 1/2.3" Effective pixels: 12.4 M (total pixels: 12.76 M) Lens FOV 94° 20 mm (35 mm format equivalent) £12.8, focus at oo ISO Range 100-3200 (video) 100-1600 (photo) 

### 25Shutter Speed 8s -1/8000s Image Max Size 4000 X 3000 Still Photography Modes Single Shot Burst Shooting: 3/5/7 shots Auto Exposure Bracketing (AEB): 3/5 BracketedFrames at 0.7EV Bias Time-lapse Video Recording Modes Phantom 3 Professional UHD: 4096x2160p 24/25, 3840x2160p 24/25/30 FHD: 1920x1080p 24/25/30/48/50/60 HD: 1280x720p 24/25/30/48/50/60 Phantom 2 Vision Plus FHD: 1920x1080p 24/25/30/48/50/60 HD: 1280x720p 24/25/30/48/50/60 Supported SD Card Types Micro SD Max capacity: 64 GB. Class 10 orUHS-1 rating required Max Bitrate OfVideo Storage 60 Mbps Supported File Formats FAT32/exFAT Photo: JPEG, DNG Video: MP4, MOV (MPEG-4 AVC/H.264) Operating Temperature 

## ooc to 40°C Gimbal Controllable Range Pitch -90° to +30° Stabilization 3-axis (pitch, roll, yaw) Vision Positioning MaxVelocity Less than 8 m/s (when 2m above ground) Altitude Range 30 cm-300 em OperatingRange 30 cm-300 em Operating Environment Surface with clear pattern and adequate lighting (Lux> 15) Remote Controller OperatingFrequency 2.400 GHz-2.483 GHz MaxDistance 2000m (outdoors and unobstructed) Video OutputPort USB 

### OperatingTemperaturel.l 26

### APPENDIXB 

### Phantom 2 Vision Plus and Phantom 3 Pre-Flight Inspection Check List Pre-Flight Check List o Visual inspection for defects o Batteries fully charged and checked- Transmitter, UAS, iPad, iPhone, approved/compatible device o Props tightened and locked o SD card in camera o Lens cap removed (As necessary) o Antennae up and parallel o Transmitter turned on (press once, release, then press and hold for 3 seconds) o Ensure Transmitter is in P Mode o UAS turned on (press once, release, then press and hold for 3 seconds) o Flickthe transformation switch ontransmitter up and down 4 times quickly to convert from travel mode to flight mode or use the app o DJI Pilot app quit and restarted, no other running apps on iPad o Tap bar at top ofapp (Safe to Fly GPS) for full status o Maps are cached (move the map around, zoom in an out) o Minimum return height adjusted (check for tallest object and set accordingly) o UAS placed in safe launch and recover position o Home point reprogrammed via app o Area clear ofpeople I 

### obstructions Flight Check List o Hover close for 20 seconds. Look I 

### Listen for defects 0 0 0 0

0 

### Confirm expected stick operation Monitor battery power Monitor signal strength Keep line-of-sight with UAS Ensure area/zone ofintended flight pathis clear ofother aerial traffic. Ensure area/zone ofintended flight path is clear ofany electrical/power lines Ensure atmospheric conditions are optimal for safe operation ofUAVIUAS Select a safe zone to "ditch" the UAVIUAS in the event an emergency landing is required



### 27

### APPENDIXC


### PHANTOM Flying Flowchart V1.0 (Simplified Version)

Manual

**ca;efu,l~··** to ge: t'le operation detai.s. Its corres;:;::.noi'lg

**F'r'TNia~e** \iersion

**~:s** \l3.D.
Sl'.•itct, on 1he

**trans.mitler~** and 1hen

**P~"'1er** c.n the PHANTOM.

**._...~.M**

# ....

lOG {)n&

_ **3~an!:.P~"'** _or: 

### I

**f}'{el:cr:-~·** rr

..:::.:;

**~·s** II LED; E!!lnk



# Re~or~ingl **lli~~~:Js~~**

**~** Dk.

. 1". Dr... o• !"' Green Quicl;ly I.. lo<' Re.::ord ihe

- J

___ ..,:..
__ _ fOJVIard direc.tion.



# .........

Second Level ••
.. ••••• Protection Alert &Height Descent

**Po\ve.~** off ihe PHANTOM. and ihen Sl.'i!ic!l off ihe lransmitter FailSafe LED: Blink: Yellow 

### ...-------.•1 Quickly

**OO&:~e?~aooo** Senser Error To::• Big LED:Red+ G!"E€n+ Y

;!!low Compass ErrorToo Bl9!.-------.

**~-----------~~L~E~D~:R~e~d~+~Y~e~iow~~::::':'0:·:::·:!~:3** lf Red LED appears in the lastfour 

### --------+1green !la:hes, the auropilo' system cannot work

LED : Mode +GPS Sateili1e Number·t6Green. 'r:•,:c":ant J

**PHfi..\"7•::>'v~** 's

**T!Ol~".:'d** a:f:er t::C.'/Jer.:rn :;rj t>:fore: the

**~Ke:;:;~;** .Et2rt-up, :h:1t i::

**norrra~-,**

Method of Start Motor



# -.~,

# .•

**·~**



# .•. · ..

**~~,·-4··~** 

# .. J I I

- -

**...;·--~~0-**

:ne

**"''.<o·n•~;o;;ue ·~n~:**  **~r:1cs-d Fai~** S;;Je

Green Part means normal

**prooedur~s:**

___ ...,. means regular situalion.

- - .,. n1eans selectable or

**g:ossi~:i,e** :sfiuaticn. ?ink T

**~}:1:** tell.s 1he de1ails. Red Part means possible. abnormai siiuaticn. Part is possible in norma! or atfiormal situation, require you 10 confirm by 1he

**Te~~** fur details. Blue Part is 1he condition of the normal siiuatict1. Purple Part is 1he conditJc.n of ttle abnormal siluatioo.

### APPENDIXD
Monthly Maintenance Log
UAV# Dale Began Date Completed Maintenance Conducted Maintenance Done By: print & sign name SOFTWARE UPDATES

AIRFRAME
PROPELLERS

ENGINES

LANDING GEAR

VIBRATION (DAMPENING) CAMERA (GIMBAL)
OTHER

29