UNITED STATES OF AMERICA DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION

WASHINGTON, DC

Regulatory Docket No.

________________

IN THE MATTER OF THE PETITION FOR EXEMPTION OF: Lockheed Martin Missiles and Fire Control (LMMFC) FOR AN EX EMPTION 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 Ph antom 3 UNMANNED AIRCRAFT SYSTEMS

PURSUANT TO SECTION 333 OF THE FAA MODERNIZATION AND REFORM ACT OF 2012

(PUBLIC LAW 112

- 95)

Submitted on April 27 , 2015

LOCKHEED MARTIN MISSILES AN D

FIRE CONTROL (LMMFC)

ATTN: LM_ETS 5600 Sand Lake Rd. , MP

- 200 Orlando, Florida 32819

- 89072



## Table of Contents

GLOSSARY OF ABBREVIATIONS

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

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

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

................................ ................................ ................................ ........................ 5
BASIS FOR PETITION

................................ ................................ ................................ ............... 5 B. The Specific Sections of 14 C.F. R. From Which LMMFC Seeks Exemption.

................... 8 C. The Extent Of Relief LMMFC Seeks And The Reason LMMFC Seeks The Relief

.......... 11 D. Reasons Why Granting LMMFC ’s Request Would Be in the Public’s Best Interest; That Is, How It Would Benefit the Public As A Whole.

................................ .................... 15 E. Reasons Why Granting The Exemption Would Not Adversely Affect Safety, Or How The Exemption Would Provide A Level Of Safety At Le ast Equal To That Provided By The Rule From Which LMMFC Seeks Exemption.

................................ ................................ ... 18 F. A Summary That Can Be Published In The Federal Reg ister, stating: The Rules From Which LMMFC Seeks Exemption:

................................ ................................ .................... 32 G. Any Additional Information, Views, Or Arguments Available To Sup port LMMFC ’s Request.

................................ ................................ ................................ ........................... 33
CONCLUSION

................................ ................................ ................................ ........................ 33
APPENDICES

................................ ................................ ................................ ......................... 35
APPENDIX

– A

................................ ................................ ................................ ................... 35
APPENDIX

– B

................................ ................................ ................................ ................... 38
APPENDIX

– E

................................ ................................ ................................ ................... 393



## GLOSSARY OF ABBREVIATIONS

AGL Above Ground Level
AOI Area of Interest
ATC Air Traffic Control
ATO Air Traffic Organization
AV Aerial Vehicle
CFR Code of Federal Regulations
COA Certificate of Authorization
COTS Commercial

- Off

- The

- Shelf
FAA Federal Aviation Administration
FAR Federal Aviation Regulation
GCS Ground Control Station
GPS Global Positioning System
LOL Loss of Link
LOS Line of Sight
NAS National Airspace System
NOTAM Notice to Airman
LMMFC Orlando Aviation Consultants, Inc.
PIC Pilot In Command
Sect ion 333 FAA Modernization and Reform Act of 2012 (FMRA) Section 333
SO Safety Observer
SOP Standard Operating Procedures
UA Unmanned Aircraft
UAS Unmanned Aircraft System
VFR Visual Flight Rules
VLOS Visual Line of Site
VMC Visual Me teorological Conditions
VTOL Vertical Takeoff and Landing4



## SUMMARY Lockheed Martin Missiles and Fire Control (LMMFC ) seeks exemption from the
requirements of 14 C.F.R §§ 61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a),
91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b), to operate an Unmanned Aircraft
System pursuant to Section 333 of the FAA Modernization and Reform Act of 2012
(FMRA). This exemption will permit LMMFC to operate an Unmanned Aircraft System
(UAS) for the commercial purpose of conducting aerial video and photography of
contracted projects over certain areas of the United States.



## INTRODUCTION AND INTERESTS OF THE PETITIONER LMMFC provides clients consultant services regarding aerospace technolog y and

business solutions to inc rease efficiency, productivity and effectiveness. LMMFC has over

30+ years of experience in general, commercial and government aviation and is recognized

as an industry expert in aviation development and pr oject management

. The objective of

LMMFC ’s unmann ed aircraft operation s is to provide high quality imaging for a variety of

comme rcial, public, and private uses, specifically targeting:

 A erial photography for the purpose of research and development being
conducted at Electronic Test Site (ETS)

 Aerial vid eography of special projects at ETS

 Increase public knowledge and safety of UAS operation at ETS

 UAS currency and technician training at Lockheed Martin Facility5



## BACKGROUND Unmanned Aircraft Systems: DJI PHANTOM 3

LMMFC seeks an exemption to operate UAS systems for compensation or hire

within the NAS. The is a vertical takeoff and landing (VTOL) Unmanned Aircraft (UA)
with a Ground Control Station (GCS) utilizing electronic tablet or smart phone systems.

The UAS has a maximum gross wei ght of approxima tely 2 pounds 12 ounces, while
having a length of 16 inches width of 16 inches, height of 8 inches, and a maximum speed
of approximately 30 knots. The UAS is equipped with four main rotors; driven by a 17.4V
Lithium Polymer battery which powers the electri c motors.

The DJI PHANTOM 3 operated by LMMFC will be registered in accordance with
49 U.S.C. 44103, Registration of Aircraft , as well as 14 C.F.R Part 47, Aircraft
Registration , and marked in accordance with 14 C.F.R. Part 45, Identification and
Registra tion Marking

.



## BASIS FOR PETITION Petitioner, LMMFC , pursuant to the provisions of the Federal Aviation Regulations
(14 C.F.R. § 11.61) and the FAA Modernization and Reform Act of 2012 (FMRA),
Section 333, Special Rules for Certain Unmanned Aircraft System s , hereby petitions the
Administrator to commercially operate the DJI PHANTOM 3 in the National Airspace
System (NAS), and for an exemption from the requirements of 14 C.F.R §§ 61.113(a) &
(b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a) (1) & (a)(2), and
91.417(a) & (b).
In consideration of the speed, weight, size, and limited operating area associated
with the unmanned aircraft and its operation, LMMFC ’s operation of its DJI PHANTOM 36

meets the conditions of FMRA Section 333 ’s "blanket" COA and therefore, will not
require an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H.
Accordingly, LMMFC requests relief from Sections 91.405(a), 91.407(a)(1),
91.409(a)(1) & (a)(2), and 91.417(a) & (b), as these sections set forth requirements for
maintenance that only apply to aircraft with an airworthiness certificate.

LMMFC submits that the requested relief is proper since an equivalent level of
safety will be assured

. LMMFC will utilize experienced personnel and/ or techni cians to
perform maintenance, alterations, and/ or pr eventive maintenance on the PHANTOM 3
using only methods, techniques, and practices prescribed in the owner’s manual (i.e.,
Monthly Maintenance Log , and COTS manuals) . Furthermore, LMMFC will document

and maintain all maintenance records for the DJI PHANTOM 3

. Relief from certain requirements of Section 61.113(a) and (b), entitled Private pilot
privileges and limitations: Pilot in command , is requested by LMMFC to the extent
necessary to allow a Pilot in Command (PIC) holding a private pilot or higher level
certificate, as well as an airman medical certificate, and who has demonstrated, by meeting
minimum flight

- hour and currency requirements, that the PIC is able to safely operate the

UAS in a manner con sistent with this exemption, including evasive and emergency
maneuvers and maintaining appropriate distances from people, vessels, vehicles , aircraft

and structures.

LMMFC seeks relief from Section 91.7(a), entitled Civil aircraft airworthiness ,
because t he UAS do es not require an airworthiness certificate in accordance with 14 C.F.R.
Part 21, Subpart H. As such, LMMFC submits that they will ensure the UAS remains in an
airworthy condition, prior to every flig ht, by determining that the UAS is in complianc e7

with all operating documents (i.e., Monthly Maintenance Log, and COTS Instruction
Manual), and that the aircraft operates only in a “ safe flight ” configuration

.
LMMFC also seeks an exemption from the requirements of Section 91.121, entitled

Altimeter Se ttings , as the UA will not have a typical barometric altimeter onboard.
However, altitude information of the UA will be provided to the PIC via Global
Positioning System (GPS) equipment and /or radio communications telemetry data link,

which downlinks from the UA to the GCS for active monitoring of the flight path. This
altitude information, combined with LMMFC ’s operation of the UAS within visual line of
sight (LOS) , at or below 200 feet AGL, will ensure a level of safety equivalent to Section

91.121 and th e “blanket” Civil

- COA limitations accepted by the FAA

. Additionally, LMMFC seeks an exemption from the requirements of Section
91.151(b), entitled Fuel requirements for flight in VFR conditions

. LMMFC submits that
safety will not be affected by operation of the UA during daylight hours in visual
meteorological conditions (VMC) under visual flight rules (VFR), with enough battery
power to fly for a total duration of approximately 13.5 minutes to the first point of intended
landing and, assuming normal cruis ing speed, to fly after that for at least 4.5 minutes.
In accordance with 14 C.F.R. § 11.81, LMMFC provides the following information
in support of its petition for exemption:



### A. Name And Address Of The Petitioner.

The name and address of the Petitioner and point of contact is:
Orlando Aviation Consultants ( LMMFC ) on Behalf of LMMFC 2805 Alice Blvd. Kissimmee, Florida 34746 Tel: ( 407 ) 616

- 5487 Email: Msmith60@cfl.rr.com / Jsenior@jsrbsolutions.com8



### B. The Spec ific Sections o f 14 C.F.R. From Which LMMFC Seeks Exemption.

1. LMMFC Seeks Exemption from the Requirements of Section 61.113(a) a nd (b).
Section 61.113, entitled Private pilot privileges and limitations: Pilo t in command , subsections (a) and (b) prescribe the following, in relevant part:
(a) No person who holds a private pilot certificate may act as a pilot in command (PIC) of an aircraft that is carrying passengers or property for compensation or hire; nor m ay that person, for compensation or hire, act as PIC of an aircraft.
(b) A private pilot may, for compensation or hire, act as PIC of an aircraft in connection with any business or employment if

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

2. LMMFC Seeks Exemption From The Requirements Of Section 91.7(a).
Section 91.7, entitled Civil aircraft airworthiness , subsection (a), states the
following:
( a) No person may operate a civil aircraft unless it is in an airworthy condition.

3. LMMFC Seeks Exemption From The Requirements Of Section 91.121.
Section 91.121, entitled Altimeter settings , subsection (a), states the following, in

part: (a) Each per son operating an aircraft shall maintain the cruising altitude or flight level of that aircraft, as the case may be, by reference to an altimeter that is set, when operating

-- (1) Below 18,000 feet MSL, to

-- (i) The current reported altimeter setting of a station along the route and within 100 nautical miles of the aircraft;9 (ii) If there is no station within the area prescribed in paragraph (a)(1)(i) of this section, the current reported altimeter setting of an appropriate available station; or
(iii) I n the case of an aircraft not equipped with a radio, the elevation of the departure airport or an appropriate altimeter setting available before departure.

4. LMMFC Seeks Exemption From The Requirements Of Section 91.151(b).
Section 91.151, entitled Fuel requirements for flight in VFR conditions , subsection
(b), states the following: (b) No person may begin a flight in a rotorcraft under VFR conditions unless (considering wind and forecast weather conditions) there is enough fuel to fly to the first p oint of intended landing and, assuming normal cruising speed, to fly after that for at least 20 minutes.

5. LMMFC Seeks Exemption From The Requirement Of Section 91.405(a).
Section 91.405, entitled Maintenance required , subsection (a), states the followi ng: Each owner or operator of an aircraft

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

6. LMMFC 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

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

7. LMMFC Seeks Exemption F rom The Requirements Of Sections 91.409(a)(1) And 91.409(a)(2).
Section 91.409, entitled Inspections , subsection (a), states the following:10 (a) Except as provided in paragraph (c) of this section, no person may operate an aircraft unless, within the prec eding 12 calendar months, it has had

-- (1) An annual inspection in accordance with part 43 of this chapter and has been approved for return to service by a person authorized by § 43.7 of this chapter; or
(2) An inspection for the issuance of an airworth iness certificate in accordance with part 21 of this chapter.

8. LMMFC Seeks Exemption From The Requirements Of Sections 91.417(a) And 91.417(b).
Section 91.417, entitled Maintenance records , subsections (a) and (b), state the
following:
(a) Except for work performed in accordance with §§ 91.411 and 91.413, each registered owner or operator shall keep the following records for the periods specified in paragraph (b) of this section:
(1) Records of the maintenance, preventive maintenance, and alteration a nd records of the 100

- hour, annual, progressive, and other required or approved inspections, as appropriate, for each aircraft (including the airframe) and each engine, propeller, rotor, and appliance of an aircraft. The records must include

-- (i) A descr iption (or reference to data acceptable to the Administrator) of the work performed; and
(ii) The date of completion of the work performed; and
(iii) The signature, and certificate number of the person approving the aircraft for return to service.
(2) R ecords containing the following information:
(i) The total time in service of the airframe, each engine, each propeller, and each rotor.
(ii) The current status of life

- limited parts of each airframe, engine, propeller, rotor, and appliance.
(iii) The t ime since last overhaul of all items installed on the aircraft which are required to be overhauled on a specified time basis.11 (iv) The current inspection status of the aircraft, including the time since the last inspection required by the inspection progr am under which the aircraft and its appliances are maintained.
(v) The current status of applicable airworthiness directives (AD) and safety directives including, for each, the method of compliance, the AD or safety directive number and revision date. If the AD or safety directive involves recurring action, the time and date when the next action is required.
(vi) Copies of the forms prescribed by § 43.9(d) of this chapter for each major alteration to the airframe and currently installed engines, rotors, p ropellers, and appliances.
(b) The owner or operator shall retain the following records for the periods prescribed:
(1) The records specified in paragraph (a)(1) of this section shall be retained until the work is repeated or superseded by other work or for 1 year after the work is performed.
(2) The records specified in paragraph (a)(2) of this section shall be retained and transferred with the aircraft at the time the aircraft is sold.
(3) A list of defects furnished to a registered owner or operator under § 43.11 of this chapter shall be retained until the defects are repaired and the aircraft is approved for return to service.



### C. The Extent Of Relief LMMFC Seeks And The Reason LMMFC Seeks The Relief

.
1. Extent Of Relief LMMFC Seeks And The Reason L MMFC Seeks Relief From Section 61.113(a) And (b).
Relief from Section 61.113(a) and (b) entitled Private pilot privileges and

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

- hour and currency requirements, to conduct the
proposed UAS flight operations for compensation or hire.
This relief is requested since the limitations set for th in Section 61.113(a) and (b)
state that a private pilot may, for compensation or hire, act as PIC of an aircraft in12

connection with any business or employment if: (1) The flight is only incidental to that
business or employment; and (2) The aircraft doe s not carry passengers or property for
compensation or hire.
As set forth more fully below, LMMFC submits that an equivalent level of safety
will be maintained because no PIC will be allowed to operate the UAS unless that PIC has
met certain flight

- hour a nd currency requirements, demonstrating that the PIC is able to
safely operate the UAS in a manner consistent with the operations specifications as
described in this exemption, including evasive and emergency maneuvers, as well as
maintaining appropriate d istances from people, vessels, vehicles and structures.
Further, LMMFC submits that all flights of t he UAS , conducted by the PIC
pursuant to the grant of this Petition: (1) will be incidental to LMMFC business; and (2)
will not carry passengers or property for compensation or hire.

2. Extent Of Relief LMMFC Seeks And The Reason LMMFC Seeks Relief From Section 91.7(a).
Relief from Section 91.7(a) entitled Civil aircraft airworthiness , is requested to the
extent required to allow LMMFC to determine that th e UAS is in airworthy condition prior
to every flight by ensuring that the UAS is in compliance with the operating documents
(i.e., Monthly Maintenance Log, and PHANTOM 3 Owner’s Manual ).

LMMFC seeks the requested relief because the UAS do es not require a n airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H. Therefore,

LMMFC will ensure that the UAS is in airworthy condition based upon its compliance
with the operating documents (i.e ., Monthly Maintenance Log, and UAS Instruction

Manu al ) prior to every flight, and further, determine that the aircraft is in condition for safe
flight, as stated in the conditions and limitations below.13 3. Extent Of Relief LMMFC Seeks And The Reason LMMFC Seeks Relief From Section 91.121.

Relief from Sec tion 91.121, entitled Altimeter settings , may be required to allow
flight operations of the UAS , which utilize a barometric pressure sensor, GPS equipment,
and a radio communications telemetry data link to downlink altitude information from the

UA to the P IC at the ground control station (GCS). Since the FAA requires that any
altitude information concerning UAS operations be reported to air traffic control (ATC) in
feet above ground level (AGL), LMMFC seeks the requested relief because the UA
altimeter may be set on the ground to zero feet AGL, rather than the local barometric
pressure or field altitude, before each flight.
Considering the limited altitude of the proposed operations, relief from 14 CFR
91.121 is sought to the extent necessary to comply with the applicable conditions and
limitations stated below. As more fully set forth herein, an equivalent level of safety will

be maintained since the UA is equipped with a barometric pressure sensor and GPS
equipment, which automatically ensures that a groun d level pressure setting will be
established prior to each flight, and provides the PIC with altitude information of the UA

on the heads

- up display of the GCS.

4. Extent Of Relief LMMFC Seeks And The Reason LMMFC Seeks Relief From Section 91.151(b).

Rel ief from Section 91.151(b) entitled Fuel requirements for flight in VFR

conditions , is requested to the extent required to allow flights of the battery powered DJI

PHANTOM 3 UA during daylight hours in visual meteorological conditions (VMC), under

visual f light rules (VFR), for a total duration of 13.5 minutes to the first point of intended
landing and, assuming normal cruising speed, to fly after that for at least 4.5 minutes.

LMMFC seeks the requested relief because without an exemption from Section 91.15 1(b),14

the flight time duration of the battery powered UA will severely constrain the practicality
of any aerial video or still photo flight operations that LMMFC proposes to conduct
pursuant to this Petition.
Significantly, as set forth below, the technic al specifications of the UAS , the COTS
operating documents, and LMMFC ’s proposed operating limitations, ensure that LMMFC
will safely operate the battery powered UA during daylight hours in visual meteorological
conditions (VMC), under visual flight rules (VFR), with enough battery power to fly for a
total duration of 13.5 minutes to the first point of intended landing and, assuming normal
cruising speed, to fly after that for at least 4.5 minutes.

5. Extent Of Relief LMMFC Seeks And The Reason LMMFC Seeks Relief From Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), And 91.417(a) & (b). Since Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b)
only apply to aircraft with an airworthiness certificate, LMMFC requests relief f rom these

Sections because the UAS do es not require airworthiness certificates. As set forth more
fully below, the UAS meet s the conditions of FMRA Section 333 for operation without an
airworthiness certificate. Accordingly, LMMFC will use trained technici ans to perform
maintenance, alterations, or preventive maintenance on the UASs using the methods,
techniques, and practices prescribed in the UAS operating documents (i.e., Monthly

Maintenanc e Log, and COTS manuals ). Furthermore, LMMFC will document and

ma intain all maintenance records for the UAS

.15



### D. Reasons Why Granting LMMFC ’s Request Would Be in the Public ’s Best Interest; That Is, How It Would Benefit the Public As A Whole.
Granting the present Petition will further the public interest by allowing LMMFC
flexibility in safely, efficiently, and economically perform ing aerial video and photography
for special projects, structures , and landscape over certain areas of the United States.
Previously in the past LMMFC uti lized general aviation aircraft (r otorcraft) to perform similar tasking so a dditionally, use of the DJI PHANTOM 3 will decrease
congestion of the NAS, reduce noise, pollution, and provide significant benefits to the
economy. Notably, the benefits of LMMFC ’s propo sed operation of the UAS wi ll be
realized without implicating any privacy issues.
1. The Public Will Benefit From Decreased Congestion Of The NAS.

The UA is battery powered and serve s as a safe, efficient, and economical

alternative to the general “manned” aircraft traditionally u tilized to obtain aerial
photography . By reducing the amount of manned aircraft needed to perform aerial
acquisitions, an exemption allowing the use of a UAS would reduce the amount of manned
aircraft in the NAS, reduce noise and air pollution, as well as increase the safety of life and
property in the air and on the ground.
Furthermore, by reducing the number of manned aircraft operating in the NAS,
congestion around airports caused by arriving and departing aircraft will be reduced. The

UA do es not requi re an airport to takeoff or land. Likewise, a reduction of manned aircraft
conducting aerial video and photography missions would result in fewer aircraft that must
be handled by air traffic control during the ground, takeoff, departure, arrival, and landi ng phases of flight operations.16 2. The Public Will Benefit From The Safety And Efficiency Of The UAS

. Conducting aerial acquisitions with the UAS , instead of manned aircraft, will
greatly benefit the public by drastic ally reducing the levels of air, no ise and commercial

cost generated during traditional aerial video and still photography flight operations. By
using battery power and electric motors, the UAS produce s no air pollution, and is the
most viable environmentally conscious alternative to the ca bin class, six cylinder internal
combustion engine or turbine driven aircraft that are typically utilized for aerial video and
photography, while burning approximately 20

- 30 gallons per hour of leaded or Jet

- A

aviation fuel s . The UA , while reducing the car bon footprint of aerial acquisitions, also
eliminates noise pollution, as the UAs are propelled by battery powered electric motors,
rather than an internal combustion engine.
By using the UAS to perform aerial acquisitions, the substantial risk to life a nd
property in the air and on the ground, which is usually associated with traditional manned
aircraft flight operations, will be substantially reduced or completely eliminated. Aside
from the lack of flight crew members located onboard the aircraft, the U A (weighing
approximately 2 pounds 11 ounces, at its maximum gross weight with a length 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, co mpared to the
manned aircraft that typically conduct similar operations (weighing approximately 3000
pounds with a wingspan of approximately 36 feet, a length of 29 feet, and a fuel capacity

of 43 gallons).17 3. Performing Aerial Video and P hotography Ope rations with t he UA S will benefit t he Economy.
In addition to being safe and efficient, the UAS is also an economical alternative to
using manned aircraft to conduct similar aerial operations. As such, operation of the UAS

will allow United States based companies, like LMMFC , to remain competitive and
contribute to growth of the U.S. economy. Specifically, with the rising cost of aviation fuel
and the Environmental Protection Agency (“EPA”) regulatory actions phasing out leaded
aviation fuels, U.S. owned and operated companies must adopt new and alternative
technology in order to remain competitive. Operating a battery powered UAS is one such
technology that not only allows companies greater operational flexibility compared to
manned aircraft, but provides such flexibility without the high operational cost of a

traditional manned aircraft.
By operating the UAS , companies such as LMMFC , can remain competitive and
profitable, and therefore, provide greater job stability to employees and contractors, which

wi ll ultimately contribute to growth of the U.S. economy. Improved financial performance
of U.S. companies, through commercial use of the UAS , provides a stable workforce that
increases consumer spending; improves local, state, and federal tax revenues; and allows
companies to invest in research and development in order to remain competitive both in

the United States and abroad.
4. There Are No Privacy Issues.
Similar to the manned aerial acquisition flight operations that have been conducted for
decades, L MMFC ’s proposed operation of the DJI PHANTOM 3 will not implicate any
privacy issues. Specifically, the UAS will be operated only in compliance with operating
documents (i.e., Monthly Maintenance Log, and COTS Manuals ) which requires property18

owner involve ment as well as local law enforcement and airspace notification s , and in

accordance with the Federal Aviation Regulations, includes minimum altitude
requirements of 14 C.F.R. § 91.119 (Blanket Civil

- COA and/or FAA Ops Limitations)

. 

### E. Reasons Why Granting The Exemption Would Not Adversely Affect Safety, Or How The Exemption Would Provide A Level Of Safety At Least Equal To That Provided By The Rule From Which LMMFC Seeks Exemption.
1. Reasons Why The UA Meet s The Conditions Of The FAA Modernization and R eform Act of 2012 (FMRA) Section 333. In consideration of the size, weight, speed, and limited operating area associated
with the unmanned aircraft and its operation, LMMFC ’s operation of the UAS meet s the
conditions of FMRA Section 333, and will not req uire 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 us ers of the NAS or the public, or otherwise pose a threat to national security.
Specifically, FMRA Section 333 states the following, in part:
(a) In General.

-- Notwithstanding any other requirement of this subtitle, and not later than 180 days after the dat e of enactment of this Act, the Secretary of Transportation shall determine if certain unmanned aircraft systems may operate safely in the national airspace system before completion of the plan and rulemaking required by section 332 of this Act or the guid ance required by section 334 of this Act.
(b) Assessment of Unmanned Aircraft Systems.

-- In making the determination under subsection (a), the Secretary shall determine, at a minimum

-- (1) which types of unmanned aircraft systems, if any, as a result of t heir size, weight, speed, operational capability, proximity to airports and populated areas, and operation within visual line of sight do not create a hazard to users of the national airspace system or the public or pose a threat to national security; and19 (2) whether a certificate of waiver, certificate of authorization, or airworthiness certification under section 44704 of title 49, United States Code, is required for the operation of unmanned aircraft systems identified under paragraph (1). (c) Requir ements for Safe Operation.

-- If the Secretary determines under this section that certain unmanned aircraft systems may operate safely in the national airspace system, the Secretary shall establish requirements for the safe operation of such aircraft systems in the national airspace system.
(d) Reference FAA Streamlines UAS COAs for Section 333: https://www.faa.gov/news/updates/?newsId=82245

The Federal Aviation Administration has established an interim policy to speed up airspace authorizations for certain commercial unmanned aircraft (UAS) operators who obtain Section 333 exemptions. The new policy helps bridge the gap between the past process, which evaluated every UAS operation individually , and future operations after we publish a final version of the proposed small UAS rule.

Under the new policy, the FAA will grant a Certificate of Waiver or Authorization (COA) for flights at or below 200 feet to any UAS operator with a Section 333 exempt ion for aircraft that weigh less than 55 pounds, operate during daytime Visual Flight Rules (VFR) conditions, operate within visual line of sight (VLOS) of the pilots, and stay certain distances away from airports or heliports:

 5 nautical miles (NM) from a n airport having an operational control tower;

or

 3 NM from an airport with a published instrument flight procedure, but not an operational tower; or

 2 NM from an airport without a published instrument flight procedure or an operational tower; or

 2 NM fro m a heliport with a publis hed instrument flight procedure

The “blanket” 200

-

foot COA allows flights anywhere in the country except restricted airspace and other areas, such as major cities, where the FAA prohibits UAS operations. Previously, an operator ha d to apply for and receive a COA for a particular block of airspace, a process that can take 60 days. The agency expects the new policy will allow companies and individuals who want to use UAS within these limitations to start flying much more quickly than before.
Section 333 exemption holders will automatically receive a “blanket” 200 foot COA. For new exemption holders, the FAA will issue a COA at the time the20 exemption is approved. Anyone who wants to fly outside the blanket parameters must obtain a sepa rate COA specific to the airspace required for that operation In seeking this exemption, LMMFC submits that the UAS can operate safely in the
NAS pursuant to FMRA Section 333, as demonstrated by: (a) the characteristics of the

UAS ; (b) the pilot certifica tion requirement; and (c and d ) the specific operating limitations

– Blanket Civil

- COA limitations

.

a. The Specifications Of The UAS Demonstrate Its Safe Characteristics.

The UAS do es not create a hazard to users of the NAS or the public, or otherwise

po se a threat to national security considering its size, weight, speed, and operational
capability.
i. Technical Specifications Of The UAS. The technical specifications of the UAS is set forth by the Specifications and Data

Shee t, attached hereto as Exhib it A and available at: http://www.dji.com/product/phantom

3/spec
ii. The UAS Autonomous Flight And Navigation Modes Enable The

UASs To Remain Within A Defined Operational Area. The UAS may be oper ated in both manual and fully autonomous flight modes. A
complete description of the flight and navigational modes of the UAS is provided at pages

25

- 35 of the and pages 12

- 16 User Manual , attached hereto as Exhibit B

.

iii. The UAS is Designed For Automa tic Return To Home Point Or Hover In The Event Of Loss Of The Control Link Or Navigation.
When the Control Link is lost, the UA will remain stationary, in flight, for 3
seconds or more. If, after 3 seconds, the UA do es not reacquire control link data fro m the
GCS, the UAs will assume that the Control Link is lost and the UAs will return to the21

home position (i.e., failsafe mode) via GPS, and will descend to the takeoff position and

shutdown.
A complete description of the Failsafe Functions of the UAS are set forth at pages
27 through 29 of the User Manual , attached hereto as Exhibit B

.

iv. The GCS And Its Operation. A complete description of the operation and specifications of the GCS and flight
control software is provided at pages 32 through 43 of th e User Manual. User Manual is

att ached hereto as Exhibits B

.

b. Flight Operations Of UAS is Limited To The Line Of Sight Of A Certificated Pilot in Command With A Safety Observer.

LMMFC will only utilize certificated pilots who possess a current and va lid airman
medical certificate to act as a pilot in command (PIC) of the UAS . Additionally, a safety
observer will assist all pilots during flight time.

c. Flights Of UAS Will Be Conducted Pursuant To Specific Operating Limitations. In seeking this exem ption, LMMFC proposes to commercially operate UAS for the
special purpose of conducting aerial video and photography over certain areas of United
States, pursuant to the following specific operating limitations:
1. Operations authorized by this grant of ex emption will be limited to the following aircraft described in the operating documents, rotorcraft UASs weighing less than 55 pounds maximum gross weight: Unmanned Aircraft Systems. Proposed operations of any other aircraft will require a new petition or a petition to amend this grant. 2. UAS operations under this exemption will be limited to conducting operations for the purpose of aerial video and photography. 3. The UAs may not be flown at an indicated airspeed exceeding 20 knots.

4. The UA must be operated at an altitude of no more than 200 feet above ground level (AGL), as indicated by the procedures specified in the operating documents22 unless a special request is made and approved by ATC. All altitudes reported to ATC must be in feet AGL.

5. Th e UA must be operated within visual line of sight (VLOS) of the PIC at all times. This requires the PIC to be able to use human vision unaided by any device other than corrective lenses, as specified on the PIC’s FAA

- issued airman medical certificate.

6. The use of first person view (FPV) by the PIC or safety observer (SO) is not permitted. 7. All operations must 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 must be designated before the flight and cannot transfer his or her designation for the duration of the flight. T

he PIC must ensure that the SO can perform the functions prescribed in the operating documents. 8. The SO must not perform any other duties beyond assisting the PIC with seeing and avoiding other air traffic and other ground based obstacles/obstructions and is not permitted to operate the camera or other instruments. 9. The operating documents and the grant of exemption must be accessible during UAS operations and made available to the Administrator upon request. If a discrepancy exists between the cond itions and limitations contained in the grant of exemption and the procedures outlined in the operating documents, the conditions and limitations contained in the grant of exemption take precedence and must be followed. Otherwise, the operator must follow the procedures as outlined in its operating documents. The operator may update or revise its operating documents. It is the operator’s responsibility to track such revisions and present updated and revised documents to the Administrator upon request. The o perator must also present updated and revised documents if it petitions for extension or amendment to the grant of exemption. If the operator determines that any update or revision would affect the basis upon which the FAA granted the exemption, then the o

perator must petition for amendment to its grant of exemption. The FAA’s UAS Integration Office (AFS

- 80) may be contacted if questions arise regarding updates or revisions to the operating documents. 10. Prior to each flight the PIC must inspect the UAS to ensure that it is in a condition for safe flight. If the inspection reveals a condition that affects the safe operation of the UAS, the aircraft is prohibited from operating until the necessary maintenance has been performed and the UAS is found to be i n a condition for safe flight. The Ground Control Station must be included in the preflight inspection. All maintenance and alterations must be properly documented in the aircraft records.23 11. Any UAS that has undergone maintenance or alterations that af fect the UAS operation or flight characteristics, e.g. replacement of a 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 inspe ction must account for all potential discrepancies, e.g. inoperable components, items, or equipment, not already covered in the relevant sections of the operating documents. 13. The operator must follow the UAS manufacturer’s aircraft/component, maintena nce, overhaul, replacement, inspection, and life limit requirements. 14. The operator must carry out its maintenance, inspections, and record keeping requirements, in accordance with the operating documents. Maintenance, inspection, alterations, and stat us of replacement/overhaul component parts must be noted in the aircraft records, including total time in service, description of work accomplished, and the signature of the authorized person returning 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 of the corrective action taken against discrepancies discovered between inspections. 17. The PIC must possess at least a private pilot certificate and at least a current third

- class medical certificate. 18. The operator may not permit any PIC to operate unless the PIC meets the operator’s qualification criteria and demonstrates the ability to safely operate the UAS in a m anner consistent with how the UAS will be operated under the exemption, including evasive and emergency maneuvers and maintaining appropriate distances from persons, vessels, vehicles and structures. PIC qualification flight hours must be logged in a manne r consistent with 14 C.F.R. § 61.51(b). Flights for the purposes of training the operator’s PICs are permitted under the terms of the exemption. However, training operations may only be conducted during dedicated training sessions. During training, profici ency, and experience

- building flights, all persons not essential for flight operations are considered nonparticipants, and the PIC must operate the UA with appropriate distance from nonparticipants in accordance with 14 C.F.R. § 91.119. 19. UAS operation s may not be conducted during night, as defined in 14 C.F.R. § 1.1. All operations must be conducted under visual meteorological conditions (VMC). If flight at night is required, a special request will be made at the FAA office closest to proposed area of operations. Flights under special visual flight rules (SVFR) are not authorized.24 20. The UA may not operate within 5 nautical miles of an airport reference point as denoted on a current FAA

- published aeronautical chart unless a letter of agreement with t hat airport’s management is obtained, and the operation is conducted in accordance with a NOTAM as required by the operator’s COA. The letter of agreement with the airport management must be made available to the Administrator upon request.

21. The UA ma y not be operated less than 5 00 feet below or less than 2,000 feet horizontally from a cloud or when visibility is less than 3 statute miles from the PIC. 22. If the UA loses communications or loses its GPS signal, it must return to a pre

determined loc ation within the planned operating area and land or be recovered in accordance with the operating documents. 23. The PIC must abort the flight in the event of unpredicted obstacles or emergencies in accordance with the operating documents.

24. The PIC is prohibited from beginning a flight unless (considering wind and forecast weather conditions) there is enough power to fly at normal cruising speed to the intended landing point and land the UA with 25% battery power remaining. 25. The operator must ob tain an Air Traffic Organization (ATO) issued Certificate of Waiver or Authorization (COA) prior to conducting any operations under the grant of exemption. This COA will also require the operator to request a Notice to Airman (NOTAM) not more than 72 hours in advance, but not less than 48 hours prior to the operation. All operations shall be conducted in accordance with airspace requirements in the ATO issued COA including class of airspace, altitude level and potential transponder requirements.

26. All a ircraft operated in accordance with the exemption must be identified by serial number, registered in accordance with 14 C.F.R. part 47, and have identification (N

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

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

28. Th e documents required fewer than 14 C.F.R. 91.9 and 91.203 must be available to the PIC at the Ground Control Station of the UAS any time the UAS is operating. These documents must be made available to the Administrator or any law enforcement official upon request. 29. The UA must remain clear and yield the right of way to all manned aviation operations and activities at all times.25 30. The UAS may not be operated by the PIC from any moving device or vehicle. 31. Flight operations must be conducted at le ast 500 feet from all nonparticipating persons (persons other than the PIC, SO, operator trainees or essential persons), vessels, vehicles, and structures unless: a. Barriers or structures are present that sufficiently protect nonparticipating persons fr om the UA and/or debris in the event of an accident. The operator must ensure that nonparticipating persons remain under such protection. If a situation arises where nonparticipating persons leave such protection and are within 500 feet of the UA, flight

o perations must cease immediately and/or; b. The aircraft is operated near vessels, vehicles or structures where the owner/controller of such vessels, vehicles or structures has granted permission and the PIC has made a safety assessment of the risk of op erating closer to those objects and determined that it does not present an undue hazard, and; c. Operations nearer to the PIC, SO, operator trainees or essential persons do not present an undue hazard to those persons per § 91.119(a). 32. All operation s shall be conducted over private 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

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

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

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

LMMFC submits that the equivalent level of safety established by Section
61.113(a) and (b) will be maintained because no PIC will be allowed to operate the UAS
unless that PIC has demonstrated, by meeting minimum flight

- hour and cur rency requirements, that the PIC is able to safely operate the UAS in a manner consistent with
the exemption, including evasive and emergency maneuvers and maintaining appropriate
distances from people, vessels, vehicles and structures.26 Considering LMMFC ’ s proposed area of operations, and the operating limitations

set forth

- above; the parallel nature of private pilot aeronautical knowledge requirements to
those of commercial pilot requirements ( See Exemption No. 11062); and the airmanship
skills necessary to safely operate the UAS, LMMFC submits that the additional manned
airmanship experience of a commercially certificated pilot would not correlate to the
airmanship skills necessary for LMMFC ’s specific proposed flight operations.
The FAA has previously g ranted relief from Section 61.113(a) and (b) specific to
UAS, in circumstances similar, in all material respects, to those presented herein (e.g.
Exemptions: 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110, 11112,
11136, 11138, 11150, 11153, 11156, 11158, 11159, 11160, 11161).

LMMFC will not allow any PIC to operate the UAS unless that PIC has
demonstrated, by meeting minimum LMMFC flight

- hour requirements or the UAS training
and currency requirements, that the PIC is able to safely operate t he UAS in a manner
consistent with this exemption, including evasive and emergency maneuvers and
maintaining appropriate distances from people, vessels, vehicles and structures.
Specifically, the PIC must have accumulated and logged, in a manner consisten t with 14 C.F.R. § 61.51(b), 25 hours of total time as a UAS rotorcraft pilot (with a
minimum of 5 hours of those hours as a UAS pilot operating the same make and model of
UAS to be used for operations under the exemption). In addition to the hour requirem ents, the PIC must accomplish 3 takeoffs and landings in the preceding 90 days (for currency
purposes).
As in Exemption Nos. 11062, 11138, and 11153, prior documented flight
experience that was obtained in compliance with applicable regulations will ensur e an27

equivalent level of safety during LMMFC ’s 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 Exempti on No. 11062, the FAA required that prior to conducting operations for the purpose of motion picture filming (or similar operations), the PIC must have accumulated and logged, in a manner consistent with 14 CFR 61.51(b), 25 hours of total time as a UAS rot orcraft pilot including at least 10 hours logged as a UAS pilot with a multi

- rotor UAS. Prior to operations under Exemption No. 11062, the PIC must also have accumulated and logged a minimum of 5 hours as a UAS pilot operating the same make and model of UA S to be used for operations under the exemption. For clarification, the FAA considers these minimum hour requirements to be inclusive rather than additive; i.e. 5 hours make and model time may be included in the 10 hours of multi

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

- hour require ments in Exemption No. 11062 are appropriate to practice and build proficiency in the skills necessary to safely conduct the petitioner’s proposed operations. The FAA also finds that prior documented flight experience that was obtained in compliance with a pplicable regulations would satisfy this requirement. Training, proficiency, and experience

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

- building fl ights the PIC is required to operate the UA with appropriate distances in accordance with 14 C.F.R 91.119. Accordingly, LMMFC will ensure safe operations by not allowing any PIC to
operate the UAS unless that PIC has demonstrated, by meeting minimum flig ht

- hour and
currency requirements, that the PIC is able to safely operate the UAS in a manner
consistent with the exemption, including evasive and emergency maneuvers and
maintaining appropriate distances from people, vessels, vehicles and structures.

3. Reasons Why An Exemption From The Requirements Of Section 91.7(a) Would Not Adversely Affect Safety. The equivalent level of safety established by Section 91.7(a) will be maintained
because prior to every flight, LMMFC will ensure that the UAS is in an a irworthy28

condition based upon the UAS’s compliance with its operating documents and as stated in

the conditions and limitations herein.
Additionally, the FAA has previously granted relief from Section 91.7(a) specific
to UAS, in circumstances similar, in all material respects, to those presented herein (e.g.
Exemption Nos. 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110, 11112,
11136, 11138, 11150, 11153, 11156, 11157, 11158, 11159, 11160, 11161).
4. Reasons Why An Exemption From The Require ments Of Section 91.121 Would Not Adversely Affect Safety. The equivalent level of safety established by Section 91.121 will be maintained

because the altitude information of the UA will be provided to the PIC via GPS equipment

and a radio communications telemetry data link, which downlinks from the UA to the GCS
for active monitoring of the flight path and altitude. This altitude information, combined

with LMMFC ’ s operation of the UA within vis ual line of sight, at or below 200 feet AGL,

will ensure a le vel of safety equivalent to Section 91.121. The altitude information will be
generated by GPS equipment installed onboard the aircraft. Prior to each flight, a zero
altitude initiation point is automatically established by the UASs at ground level.

The FA A has previously granted relief from Section 91.121 specific to UAS, in
circumstances similar, in all material respects, to those presented herein (e.g. Exemption
Nos. 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11112, 11136, 11138,
11150, 1115 3, 11156, 11157, 11158, 11159, 11160, 11161).
5. Reasons Why An Exemption From The Requirements Of Section 91.151(b) Would Not Adversely Affect Safety. A grant of this exemption would ensure an equivalent level of safety established by

14 C.F.R. Section 91.151(b) as a result of (1) the technical specifications of the UAS ; (2)
the limitations on the proposed flight operations; and (3) the location of the proposed flight29

operations. Accordingly, LMMFC will ensure that it will safely operate the battery

pow ered UA during daylight hours in VFR conditions, with enough battery power to fly
for a total duration of 13.5 minutes to the first point of intended landing and, assuming
normal cruising speed, to fly after that for at least 4.5 minutes.
Here, as in Exem ption No. 11109, the technical specifications of the UAS ; the
limitations on the proposed flight operations; and the location of the proposed operations,
will ensure an equivalent level of safety established by 14 C.F.R. Section 91.151(b).
Furthermore, saf

ety will be ensured as the UAS provide audible and visual warnings to the
PIC at the GCS when the UAs experiences low battery voltage, the first warning occurring
at approximately 33% remaining battery power, and again at approximately 10%
remaining batter y power. At the critically low battery level, the UAS will descend and land
automatically.
Significantly, previous exemptions granted by the FAA concerning Section 91.151
establish that safety is not adversely affected when the technical characteristics a nd
operating limitations of the UAS are considered. Relief has been granted for manned
aircraft to operate at less than the minimums prescribed in Section 91.151, including
Exemption Nos. 2689, 5745, and 10650. Moreover, the FAA has previously granted reli ef
from Section 91.151 specific to UAS, in circumstances similar, in all material respects, to
those presented herein (e.g. Exemption Nos. 8811, 10808, 10673, 11042, 11062, 11063,
11064, 11065, 11066, 11067, 11080, 11109, 11110, 11136, 11138, 11150, 11153, 11156,
11157, 11158, 11159, 11160, 11161).30 6. Reasons Why An Exemption From The Requirements Of Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), And 91.417(a) & (b) Would Not Adversely Affect Safety. In seeking this exemption, LMMFC submits t hat the equivalent level of safety with
regard to the regulatory maintenance and alteration requirements established by Sections
91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b) will be met because

LMMFC will use trained technicians to p erform maintenance, alterations, or pr eventive

maintenance on the UAS using the methods, techniques, and practices prescribed in the
operating documents (i.e., Monthly Maintenance Log, and UAS Instruction Manual ).
Furthermore, LMMFC will document and maint ain all maintenance records for the UAS

.
Since the UAS will be inspected as prescribed by the operating documents,

LMMFC will maintain the equivalent level of safety established by Sections 91.405(a),
91.409(a)(1), and 91.409(a)(2). A copy of the User Man ual is attached hereto as Exhibit

B ; a copy of the UAS Maintenance LOG is attached hereto as Exhibit C

. Likewise, the exemption sought will not adversely affect safety because LMMFC
will use trained technicians to perform maintenance, alterations or prev entive maintenance
on the UAS using the methods, techniques, and practices prescribed by the operating

documents.
Furthermore, the exemption sought would maintain an equivalent level of safety
established by Sections 91.407, 91.417(a) and 91.417(b), becau se all maintenance of the

UAS will be performed by trained technicians. Maintenance will be documented and
maintained utilizing the monthly maintenance log.
Significantly, previous exemptions granted by the FAA concerning Sections
91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b) establish that safety is31

not adversely affected when the technical characteristics and operating limitations of the

UAS are considered.

In consideration of LMMFC ’s proposed operating limitations, the operating

d ocuments, and the technical aspects of the UAS , LMMFC submits that safety will not be
adversely affected by granting exemption from 14 C.F.R. Sections 91.405(a), 91.407(a)(1)
and (a)(2), 91.409(a)(2), and 91.417(a) and (b). The FAA has previously granted r elief
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, 11 161).
7. The FAA May Prescribe Any Other Conditions For Safe Operation.

In accordance with Section 333 of the FAA Modernization and Reform Act of 2012
(FMRA) and 14 C.F.R. § 21.16 entitled Special Conditions , LMMFC requests that the
FAA prescribe special conditions for the intended operation of the UAS , which contain
such safety standards that the Administrator finds necessary to establish a level of safety
equivalent to that established by 14 C.F.R. Part 21, Subpart H, and 14 C.F.R §§ 61.113(a)
& (b), 91 .7 (a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and
91.417(a) & (b). Such special conditions will permit safe operation of the UAs for the
limited purpose of conducting aerial video and photography over certain areas of the

Unite d States for compensation or hire. FMRA Section 333 sets forth the requirements for
considering whether a UAS will create a hazard to users of the NAS or the public, or
otherwise pose a threat to national security; and further, provides the authority for s uch
UAS to operate without airworthiness certification in accordance with any requirements
that must be established for the safe operation of the UAS in the NAS.32 Likewise, the Administrator may prescribe special conditions pursuant to 14 C.F.R.
§ 21.16, f or operation of the UAS , since the airworthiness regulations of 14 C.F.R. Part 21
do not contain adequate or appropriate safety standards, due to the novel or unusual design
features of the aircraft. Section 21.16, entitled Special Conditions , states the f ollowing:
If the FAA finds that the airworthiness regulations of this subchapter do not contain adequate or appropriate safety standards for an aircraft, aircraft engine, or propeller because of a novel or unusual design feature of the aircraft, aircraft engine or propeller, he prescribes special conditions and amendments thereto for the product. The special conditions are issued in accordance with Part 11 of this chapter and contain such safety standards for the aircraft, aircraft engine or propeller as t he FAA finds necessary to establish a level of safety equivalent to that established in the regulations.

See 14 C.F.R. § 21.16.
Therefore, in accordance with FMRA Section 333 and 14 C.F.R. § 21.16, the FAA
may prescribe special conditions for Leading Edg e’s intended operation of the UAS , which
contain such safety standards that the Administrator finds necessary to establish a level of
safety equivalent to that established by 14 C.F.R. Part 21, Subpart H, and 14 C.F.R
Sections 61.113(a) & (b), 91.7(a), 91. 121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1)
& (a)(2), and 91.417(a) & (b).



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

LMMFC seeks exemption from the requirements of 14 C.F.R Sections 61.113(a)&(b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b).
A Brief Description Of The Nature Of The Exemption LMMFC Seeks:
This exemption will permit LMMFC to commercially operate an Unmann ed Aircraft System (UAS) for the purpose of conducting aerial video and photography over certain areas of the United States.33



### G. Any Additional Information, Views, Or Arguments Available To Support LMMFC ’s Request.
This Petition is made pursuant to the FAA Modernization and Reform Act of 2012
(FMRA) Section 333, which directs the Secretary of Transportation to determine if certain
UAS may operate safely in the NAS. As such, LMMFC ’s request for exemption may be
granted pursuant to the authority of FMRA S ection 333 and 14 C.F.R. Part 11, as set forth

above.
FMRA Section 333 sets forth the requirements for considering whether a UAS will
create a hazard to users of the NAS or the public, or otherwise pose a threat to national
security; and further, provides the authority for such UAS to operate without airworthiness

certification.
As discussed in detail above, LMMFC will operate the UAS safely in the NAS,
without creating a hazard to users of the NAS, or the public, or otherwise pose a threat to

national se curity.



## CONCLUSION As set forth herein, LMMFC seeks an exemption pursuant to 14 C.F.R. § 11.61 and
Section 333 of the FAA Modernization and Reform Act of 2012 (FMRA), which will
permit safe operation of the UAS commercially, without an airworthiness certi ficate, for
the limited purpose of conducting aerial video and photography over certain areas of the
United States. By granting this Petition, the FAA Administrator will be fulfilling the
Congressional mandate of the FAA Modernization and Reform Act of 201 2, while also
advancing the interests of the public, by allowing LMMFC to safely, efficiently, and
economically operate the UAS commercially within the NAS.34 WHEREFORE , in accordance with the Federal Aviation Regulations and the FAA

Modernization and Refor m Act of 2012, Section 333, LMMFC respectfully requests that
the Administrator grant this Petition for an exemption from the requirements of 14 C.F.R
Sections 61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1)
& (a)(2), and 91.417(a) & (b), and permit LMMFC to operate the UAS commercially for
the purpose of conducting aerial video and photography over cert ain areas of the United

States.

Respectfully submitted,

4/28/2015 

# X Jacob Senior

Orlando Aviation Consultants Project Manager Signed by: Jacob Senior (affiliate)35



## A PPENDICES

A

– Specifications Data Sheet B

– Man ufacturer’s User Manual C

– Monthly Maintenance Log



### APPENDIX

– A TECHNICAL SPECIFICATIONS

http://www.dji.com/product/phantom

- 3/spec

LMMFC only utilizes safe and reliable unmanned aircraft systems

. DJI is an industry leader in small UAS production. DJI UASs are loaded with ground breaking software enabling the user to set parameters which will not allow flight into controlled airspace. Parameters can also be set to limit flight to no higher than a p redetermined and set altitude as well as limit f

l ight to a predetermined and set distance. In addition, DJI software provides real

- time altitude and location information to the PIC via the linked monitor (smart phone/tablet devices)363738



### APPENDIX

– B

DJI PHANTOM 3 MANUAL
(Release date May 2015)

Ref: Manufacturer’s User Manual ( DJI PHANTOM)

http://www.dji.com/product/phantom

- 339



### APPENDIX

– E