1 UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

FEDERAL AVIATION ADMINISTRATION

WASHINGTON, DC

Regula tory Docket No. _______________

IN THE MATTER OF THE PETITION FOR EXEMPTION OF:

J. PETROCELLI CONTRACTING

FOR AN EXEMPTION SEEKING RELIEF FROM THE REQUIREMENTS OF

TITLE 14 OF THE CODE OF FEDERAL REGULATIONS SECTIONS

61.23(a) and (c), 61.101(e) (4) and (e)(5), 61.113(a)

, 61.315(a), 91.7(a), 91.119(c), 91.121,

91.151(a ) (1), 91.405(a), 91.407(a)(1), 91.409(a)(1) and (a)(2), AND 91.417 (a) and (b)

CONCERN ING COMMERCIAL OPERATION OF THE

DJI PHANTOM 3 PROFESSIONAL UNMANNED AIRCRAFT SYSTEM

PURSUANT TO SECTION 333 OF

THE FAA MODER NIZATION AND REFORM ACT OF 2012 (PUBLIC LAW 112

- 95)

Submitted on 1 Octo ber 2015

Lawrence Lopez

LR2 Aviation Technical Consultants, Inc.

11 Resiak Court

Holbrook, New York 11741
Tel: (631) 838

- 0828
Larlop68@gmail.com

Consultant for Petitioner2 TABLE OF CONTENTS

Page

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

............................................................. . 3

SUMMARY......................................................................................................................

..... 4

BACKGROUND................................................

............................................................... .... 4

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

............................... .... 4

NAME AND ADDRESS OF PETITIONER...............................

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

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

CONTRACTING SEEKS EXEMPTION.................................. ...............................6

THE EXTENT OF RELIEF J. PETROCELLI CONTRACTING SEEKS AND

THE REASON J. PETROCELLI CONTRACTING SEEKS THE RELIEF......

.. 10

THE REASONS WHY GRANTING J. PETROCELLI CONTRACTING ’S

REQUEST WOULD BE IN THE PUBLIC INTEREST .........................

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

THE REASONS WHY GRANTING THE EXEMPTION WOULD NOT

ADVERSELY AFF ECT SAFETY.........................................................................

. 15

SUMMARY THAT CAN BE PUBLISHED IN THE FEDERAL REGISTER......

........... 21

ANY ADDITIONAL INFORMATION AVAILABL E TO SUPPORT

J. PETROCELLI CONTRACTING ’S REQUEST..............................

....... 2 1

CONCLUSION...............................................................................................................

.... 223 GLOSSARY OF ABBREVIATIONS

AGL Above Ground Level

AOI Area of Interest

ATC Air Traffic Control

ATO Air Traffic Organization

C

. F

. R

. Code of Federal Regulations

COA Certificate of Authorization

FAA Federal Aviation Administration

FAR Federal Aviation Regulation

GCS Ground Control Station

GPS Global Positioning System

NAS National Airspace System

NOTAM Notice to Airman

OEM Original Equipment Manufacturer

PIC Pilot In Command

RTH Return To Home

Section 333 FAA Modernization and Reform Act of 2012 (FMRA)

SOP Standard Operating Procedures

UA Unmanned Aircraft

UAS Unmanned Aircraft System s

UAV Unmanned Aerial Vehicle

VFR Visual Flight Rules

VLOS Visual Line of Sight

VMC Visual Meteorological Conditions

VO Visual Observer

VTOL Vertical Takeoff and Landing4 SUMMARY

J. PETROCELLI CONTRACTING seeks exemption from the requi rements of 14 C.F.R §§ 61.23(a) and (c), 61.101(e)(4) and (5), 61.113(a) , 61.315(a) , 91.7(a), 91.119(c), 91.121, 91.151(a ) (1) , 91.405(a), 91.407(a)(1), 91.409(a)(1) and (2), and 91.417(a) and (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 J. PETROCELLI CONTRACTING to operate an Unmanne d Aircraft System (UAS) for

the commercial purpose of conducting aerial video graphy and photography of real estate and lan dscape

over certain areas of the United States.

BACKGROUND

Unmanned Aircraft System : DJI Phantom 3 Professional

J. PETROCELLI CONTRACTING see ks an exemption to operate the DJI Phantom 3 Professional for compensation or hire within the NAS. The DJI Phanto m 3 Professional is a vertical takeoff and landing (VTOL) Unmanned Aircraft (UA) with a remote Ground Control Station (GCS) capable of connecting

to a mobile device . The DJI Phant om 3 Professional is a quad

- copter configuration equipped with four

main roto rs; dr iven by Lithium Polymer battery

- powered electric motors; maximum gross weight of approximately 2 .82 pounds; diagonal length of 23.23 inches (w/props), and a maximum speed of approximately 36 knots

. The DJI Phantom 3 will be operated by J. PETROCELLI CONTRACTING

and registered in accordance with 49 U.S.C. 44103, Registration of Aircraft , as well as 14 C.F.R Part
47, Aircraft Registration , and marked in accordance with 14 C.F.R. Part 45, Identification and Registration Marking

.

BASIS FOR PETITION

Peti tioner, J. PETROCELLI CONTRACTING , pursuant t o the provisions of the Federal Aviation Regulations (14 C.F.R. § 11.61) and the FAA Moderniz ation and Reform Act of 2012 (FMRA), Section 333, Special Rules for Certain Unmanned Aircraft Systems , hereby petition s the Administrator

to comme rcially operate the DJI Phantom 3 Professional UAS in the National Airspace System (NAS), and for an exempt ion from the requirements of 14 C.F.R §§ 61.23(a) and (c), 61.101(e)(4) and (5), 61.113(a), 61.315(a), 91.7(a), 91.119(c) , 91.121, 91.151(a)(1), 91.405(a), 91.407(a)(1), 91.409(a)(1) and (2), and 91.417(a) and (b)

.

In consideration of the speed, weight, size, and limited operating area associated with the unmanned aircraft and its operation, J. PETROCELLI CONTRACTING ’s op eration of the DJI

Phantom 3 Professional UAS meets the conditions of FMRA Section 333 and therefore, will not require an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H.

Accordingly, J. PETROCELLI CONTRACTING 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.

J. PETROCELLI CONTRACTING submits that the requested rel ief is proper since an equivalent

l evel of safety will be ensured. All maintenance of the DJI Phantom 3 Professional UAS performed by J. PETROCELLI CONTRACTING will be in accordance with the methods, techniques, and practices prescribed in the operating d ocuments supplied by the Original Equipment Manufacturer (OEM). Additionally, only the OEM or qualified OEM maintenance personnel will perform factory

- level inspections and maintenance per OEM documents and standards. J. PETROCELLI CONTRACTING

will docum ent and maintain all maintenance records for the DJI Phantom 3 Professional UAS.5

Relief from certain requirements of Sections 61.23(a) and (c), entitled Medical certificates: Requirement and duration , 61.101(e)(4) and (e)(5), entitled Recreational pilot pr ivileges and

limitations ; 61.113(a), entitled Private pilot privileges and limitations: Pilot in command ; and 61.315(a), entitled What are the privileges and limits of my sport pilot certificate , is requested by J.

PETROCELLI CONTRACTING to the extent nece ssary to allow the proposed UAS flight operations to be conducted by a Pilot in Command (PIC) holding a sport pilot certificate, recreational pilot certificate, or private pilot certificate, as well as an FAA

- issued medical certificate or U.S. issued

drive r’s license, and who has demonstrated, by meeting minimum flight

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

J. PETROCELLI CONTRACTING seeks relief from Section 91.7(a), entitled Civil aircraft
airworthiness, as the DJI Phantom 3 Professional UAS does not require an airworthin ess certificate in accordance with 14 C.F.R. Part 21, Subpart H. As such, J. PETROCELLI CONTRACTING submits it

will ensure the DJI Phantom 3 Professional UAS is in an airworthy condition, prior to every flight, by determining that the UAS being used is in compliance wit h its operating documents (e.g. DJI Phantom

3 Professional UAS User Manual, S afety Guidelines, and Maintenance Manual), and the aircraft is in a condition for safe flight.

J. PETROCELLI CONTRACTING seeks relief from Section 91.119(c), entitl ed Minimum safe altitudes: (c) Over other than congested areas , because the DJI Phantom 3 Professional UAS will be flown at an
altitude at or below 400 feet AGL, and to the extent that the DJI Phantom 3 Professional UAS may be operated closer than 500 feet from persons, vessels, vehicles, and structures under certain conditions.

J. PETROCELLI CONTRACTING also seeks an exemption from the requirements of Section 91.121,

entitled Altimeter Settings , because the altitude reporting equipment of the DJI Phantom 3 Professional UAS is set to zero feet above ground level (AGL), rather than local barometric pressure or field altitude, before each flight. The altitude information of the DJI Phantom 3 Professional UAV is provided to the PIC via a barometric pressure s ensor, Global Positioning System (GPS) equipment, a Visual Positioning System using ultrasonic and image data, and a radio communications telemetry data link, which downlinks

from the UA V to the GCS for active monitoring of the flight path. A level of safe ty equivalent to Section
91.121 will be ensured, as the altitude of the DJI Phantom 3 Professional UAV will be reported to air traffic control (ATC) in feet AGL, and J. PETROCELLI CONTRACTING will operate the DJI Phantom

3 Professional UAV within visual li ne of sight, at or below 400 feet AGL.

J. PETROCELLI CONTRACTING, seeks an exemption f rom the requirements of Section 91.151(a)(1), entitled Fuel requirements for flight in VFR conditions . J. PETROCELLI

CONTRACTING submits safety will not be affected by operation of the DJI Phantom 3 Professional

UAV during daylight hours in visual meteorological conditions (VMC) under visual flight rules (VFR), with enough battery power for the DJI Phantom 3 Professional UAV t o fly for a total duration

of 1 8 minutes to the first point of intended landing and, assuming normal cruising speed, to fly after that for at least five (5) minutes.

In accordance with 14 C.F.R. § 11.81

, J. PETROCELLI CONTRACTING provides the following information in support of its petition for ex emption:6

A. Name And Address Of The Petitioner.

The name and address of the Petitioner is:

James Petrocelli

J. PETROCELLI CONTRACTING

100 Comac Street Ronkonkoma, New York 11770

The point of contact for this Petition and specific contact information is as follows:

Lawrence Lopez

LR2 Aviation Technical Consultants, Inc.

11 Resiak Court

Holbrook, New York 11741
Tel: (631) 838

- 0828
Larlop68@gmail.com

Consultant for Petitioner

B. The specific sections of 14 C.F.R. from w hich J. PETROCELLI CONTRACTING seeks

e xemption.

1. J. PETROCELLI CONTRACTING Seeks Exemption From The Requirements Of Section 61.23(a) And (c).

Section 61. 2 3, entitled Medical Certificates : Requirement and duration subsection (a) and (c)

p rescribe s the following, in relevant part: (a) Operations requiring a medical certificate. Except as provided in paragraphs (b) and (c) of this
section, a person

— (1) Must hold a first

- class medical certificate:
(i) When exercising the pilot

- in

- command p rivileges of an airline transport pilot certificate;
(ii) When exercising the second

- in

- command privileges of an airline transport pilot certificate in a flag
or supplemental operation inpart 121 of this chapter that requires three or more pilots; or
(iii) When serving as a required pilot flightcrew member in an operation conducted underpart 121 of
this chapter if the pilot has reached his or her 60th birthday.
(2) Must hold at least a second class medical certificate when exercising:
(i) Second

- in

- command privileges of an airline transport pilot certificate inpart 121 of this chapter
(other than operations specified in paragraph (a)(1)(ii) of this section); or
(ii) Privileges of a commercial pilot certificate; or
(3) Must hold at least a third

- class me dical certificate

— (i) When exercising the privileges of a private pilot certificate;
(ii) When exercising the privileges of a recreational pilot certificate;
(iii) When exercising the privileges of a student pilot certificate;
(iv) When exercising the privileges of a flight instructor certificate and acting as the pilot in command;7

(v) When exercising the privileges of a flight instructor certificate and serving as a required pilot flight

crewmember;
(vi) When taking a practical test in an aircraft f or a recreational pilot, private pilot, commercial pilot, or
airline transport pilot certificate, or for a flight instructor certificate; or
(vii) When performing the duties as an Examiner in an aircraft when administering a practical test or
proficiency check for an airman certificate, rating, or authorization.
(c) Operations requiring either a medical certificate or U.S. driver's license.
(1) A person must hold and possess either a medical certificate issued under part 67 of this chapter or a

U.S. driver's license when

— (i) Exercising the privileges of a student pilot certificate while seeking sport pilot privileges in a light

sport aircraft other than a glider or balloo n; (ii) Exercising the privileges of a sport pilot certificate in a light

- sport aircraft other than a glider or

balloon;
(iii) Exercising the privileges of a flight instructor certificate with a sport pilot rating while acting as
pilot in command or serv ing as a required flight crewmember of a light

- sport aircraft other than a
glider or balloon; or
(iv) Serving as an Examiner and administering a practical test for the issuance of a sport pilot
certificate in a light

- sport aircraft other than a glider or balloon.
(2) A person using a U.S. driver's license to meet the requirements of this paragraph must

— (i) Comply with each restriction and limitation imposed by that person's U.S. driver's license and any
judicial oradministrative order applying to the op eration of a motor vehicle;
(ii) Have been found eligible for the issuance of at least a third

- class airman medical certificate at the
time of his or her most recent application (if the person has applied for a medical certificate);
(iii) Not have had hi s or her most recently issued medical certificate (if the person has held a medical
certificate) suspended or revoked or most recent Authorization for a Special Issuance of a Medical

Certificate withdrawn; and
(iv) Not know or have reason to know of any m edical condition that would make that person unable to
operate a light

- sport aircraft in a safe manner.

2. J. PETROCELLI CONTRACTING Seeks Exemption From The Requirements Of Section 61.101(e)(4) And (5).

Section 61. 101 , entitled Recreational pilot privil eges and limitations subsection (e)(4) and (5) prescribe s the following, in relevant part: (e) Except as provided in paragraphs (d) and (i) of this section, a recreational pilot may not act as pilot

in command of an aircraft

— (4) For compensation or hire; (5) In furtherance of a business;

3. J. PETROCELLI CONTRACTING Seeks Exemption From The Requirements Of Section 61.113(a). Section 61.113, entitled Private pilot privileges and limitations: Pilot in command

, subsection (a) prescribe s the following, in re levant part:8

(a) No person who holds a private pilot ce rtificate may act as a pilot in command (PIC) of an aircraft

that is carr ying passengers or property for compensation or hire; nor may that person, for c ompensation or hire, act as PIC of an aircraft.

4. J. PETROCELLI CONTRACTING Seeks Exemption From The Requirements Of Section 61.315(a). Section 61.315(a) , entitled What are the privileges and limits of my sport pilot certificate, subsection (a) prescribe s the following, in relevant part: (a) If you h old a sport pilot certificate you may act as pilot in command of a light

- sport aircraft, except as specified in paragraph (c) of this section.

5

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

6

. J. PETROCELLI CONTRACTING Seeks Exemption From The Requirements Of Section 91.119(c ).

Section 91.119

, entitled Minimum safe altitudes: General , subsection (c), states the following: Except when necessary for takeoff or landing, no person may operate an aircraft below the following

altitudes: (c) Over other than congested areas. An altitude of 500 feet abov e the surface, except over open water or sparsely populated areas. In those cases, the aircraft may not be operated closer than 500 feet to any person, vessel, vehicle, or structure.

7. J. PETROCELLI CONTRACTING Seeks Exemption From The Requirements Of Se ction

91.121. Section 91.121, entitled Altimeter settings, subsectio n (a), states the following, in part: (a) Each person operating an aircraft shall ma intain the cruising altitude or flight level of that aircraft, as the case may be, by reference to an al timeter that is set, when operating

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

-- (i) The current reported altimeter setting o f a station along the route and within 100 nautical miles of the aircraft; (ii) If there is no station within the area pr escribed in paragraph (a)(1)(i) of this section, the current reported alti meter setting of an appropriate available station; or (iii) In the case of an aircraft not equipped with a radio, the elevation of the departure airport or an appropriate alt imeter setting available befo re departure.

8

. J. PETROCELLI CONTRACTING Seeks Exemption From The Requirements Of Section 91.151(a ) (1)

. Section 91.151, entitled Fuel requirements for flight in VFR conditions , subsection (a ) (1) , states the following , in relevant part : (a ) No person may begin a flight in a n airplane under VFR conditions unless (considering wind and forecast weather conditions) there is enough fuel to fly to the first point of intended landing and, assuming normal cruising speed

- (1) During the day, to fly after that for at least 30 minutes;9

9

. J. PETROCELLI CONTRACTING Seeks Exemption From The Requirement Of Section 91.405(a). Section 91.405, entitled Maintenance required , subsection (a), states the following: Each owner or operator of an aircraft

— (a) Shall have tha t aircraft inspected as prescribe d in subpart E of this part and shall between required inspections, except as prov ided in paragraph (c) of this section, have discrepancies repaired as prescrib ed in part 43 of this chapter.

10

. J. PETROCELLI CONTRACTING S eeks Exemption From The Requirements Of Section 91.407(a)(1) Section 91.407, entitled Operation after maintenance, preventiv e maintenance, rebuilding, or

alteration , subsection (a)(1), states the following: (a) No person may operate any aircraft that has u ndergone 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.

11

. J. PETROCELLI CONTRACTING Seeks Exemption From The Requirements Of Sec tions 91.409(a)(1) And 91.409(a)(2). Section 91.409, entitled Inspections , subsection (a), states the following: (a) Except as provided in paragraph (c) of this section, no person may operate an aircraft unless, within the preceding 12 calendar months, it has had

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

12

. J. PETROCELLI CONTRACTING 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 perform ed in accordance with §§ 91.411 and 91.413, each registered owner or operator shall keep the fo llowing records for the periods specified in paragraph (b) of this section: (1) Records of the maintenance, preventive maintenance, and alteration and records of the 100

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

must include

-- (i) A description (or ref

erence 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) Records 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 time since last overh aul of all items installed on the aircraft which are required to be overhauled on a specified time basis. (iv) The current inspection status of t he aircraft, including the time since the last inspection required by the inspection program under which the ai rcraft and its appliances are maintained.10

(v) The current status of applicable airwort hiness directives (AD) and safety directives including, for each, t he method of compliance, the AD or safety directive number and rev ision date. If the AD or safety direc tive involves recurring action, the time and date when the next action is required. (vi) Copies of the forms prescribed by § 4 3.9(d) of this chapter for each major alteration to the

airframe and curre ntly installed engines, rotors, propellers, and applianc es. (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 oth er 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 regis tered owner or operator under § 43.11 of this chapte r shall be

retained until t he defects are repaired and the aircraft is approved for return to service.

C. The Extent Of Relief J. PETROCELLI CONTRACTING Seeks And The Reason

J. PETROCELLI CONTRACTING Seeks The Relief.

1. Extent Of Relief J. PETROCELLI CONTRACTING Seeks And The Reason J. PETROCELLI

CONTRACTING Seeks Relief From Section 61.23(a) And (c)

.

Relief from Sections 61.23(a) and (c) entitled Medical certificates: Requirement and duration , is requested to the extent necessary to allow an adequate ly certificated PIC holding an FAA

- issued medical certificate or U.S. issued driver’s license, to conduct the proposed UAS flight operations for compensation or hire. This relief is requested since the limitations set forth in Section 61.23(a) state that the holder of a recreational pilot, private pilot, commercial pilot, or airline transport pilot certificate, or flight instructor certificate must also hold the appropriate FAA

- issued medical certificate to exercise the privileges of the pilot certificate. The relief is further requested since the limitations set forth in Section 61.23(c) state that the holder of a sport pilot certificate must also hold a U.S. issued driver’s license when exercising the privileges of the certificate in a light sport aircraf t. As set forth more fully below, J. PETROCELLI CONTRACTING submits that an equivalent level of safety will be maintained because no PIC will be allowed to operate the DJI Phantom 3 Professional UAS unless that PIC has met certain flight

- hour and currency requirements, demonstrating the PIC is able to safely operate the DJI Phantom 3 Professional UAS in a manner consistent with the operations specifications as set forth herein, including evasive and emergency maneuvers, as well as maintaining appropriate d istances from people, vessels, vehicles, and structures. Additionally, J. PETROCELLI CONTRACTING will require that a PIC operating the DJI Phantom 3 Professional UAS pursuant to this Petition hold at least a U.S. issued driver’s license, the minimum requir ement to act as PIC of a light sport aircraft.11

2. Extent of Relief J. PETROCELLI CONTRACTING Seeks And The Reason J. PETROCELLI

CONTRACTING Seeks Rel ief From Sections 61.101(e)(4) and (e)(5), 61.113(a), A nd 61.315(a).

Relief from Sections 61.101(e)(4) & (e)(5), entitled Recreational pilot privileges and limitations ; Section 61.113(a), entitled Private pilot privileges and limitations: Pilot in command ; and Section 61.315(a), entitled What are the privileges and limits of my sport pilot certificate , is requested to the extent necessary to allow a PIC holding a sport pilot, recreational pilot, or private pilot certificate, as well as an airman medical certificate or U.S. issued driver’s license, and who has met certain flight

hour and currency requirement s, to conduct the proposed UAS flight operations for compensation or hire, subject to the conditions and limitations below. This relief is requested since the limitations set forth in Sections 61.101(e)(4) & (e)(5) state that no person who holds a recreat ional pilot certificate may act as pilot in command of an aircraft for compensation or hire or in furtherance of a business. Relief is requested from 61.113(a) since the limitations set forth in that section state that no person who holds a private pilot c ertificate may act as pilot in command of an aircraft that is carrying passengers or property for compensation or hire; nor may that person, for compensation or hire, act as pilot in command of an aircraft. Relief is requested from 61.315(a) since the limi tations set forth in that section only allow a person who holds a sport pilot certificate to act as pilot in command of a light

- sport aircraft. As set forth more fully below, J. PETROCELLI CONTRACTING submits an equivalent level of safety will be maintaine d because no PIC will be allowed to operate the DJI Phantom 3 Professional

UAS unless that PIC has met certain flight

- hour and currency requirements, demonstrating that the PIC is able to safely operate the DJI Phantom 3 Professional UAS in a manner consis tent with the operations specifications as set forth herein, including evasive and emergency maneuvers, as well as maintaining appropriate distances from people, vessels, vehicles, and structures. Further, J. PETROCELLI CONTRACTING submits the additional airmanship experience of a commercially certified pilot would not correlate to the airmanship skills necessary for J.

PETROCELLI CONTRACTING ’s specific proposed operations.

3. Extent of Relief J. PETROCELLI CONTRACTING Seeks And The Reason J. PETROCELLI

CONTRACTING 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

J. PETROCELLI CONTRACTING to determine that the DJI Phantom 3 Professional UAS is in an

airwort hy condition prior to every flight by ensuring that the UAS is in compliance with its operating documents (e.g. DJI Phantom 3 Professional UAS User Manual, Safety Guidelines, and Maintenance Manual).

J. PETROCELLI CONTRACTING seeks the requested relief be cause the DJI Phantom 3 Professional

UAS does not require an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H.
Therefore, J. PETROCELLI CONTRACTING will ensure that the DJI Phantom 3 Professional UAS is in an airworthy condition ba sed upon their compliance with the relevant operating documents prior to every flight, and further, determine the aircraft is in a condition for safe flight, as stated in the conditions and

limitations below.12

4 . Extent of Relief J. PETROCELLI CONTRACT ING Seeks And The Reason J. PETROCELLI

CONTRACTING Seeks Relief From Section 91.119(c).

Relief from Section 91.119(c), entitled Minimum safe altitudes: (c) Over other than congested areas , is required because all proposed operations of the DJI Phantom 3 Professional UAS will take place at an altitude at or below 400 feet AGL. This relief is requested since the limitations set forth in Section 91.119(c) state that no person may operate an aircraft below 500 feet above the surface. As set forth more fully b elow, J. PETROCELLI CONTRACTING submits that a level of safety equivalent to Section 91.119(c) will be maintained because operations will be conducted in areas with controlled access and under the safety provisions contained within this petition and the DJ I Phantom 3

Professional UAS operating documents. Additionally, relief from Section 91.119(c) is requested to the extent necessary to allow operations to be conducted closer than 500 feet to persons, vessels, vehicles, or structures, under certain conditi ons. This relief is requested since the limitations set forth in Section 91.119(c) prohibit operating an aircraft closer than 500 feet to a person, vessel, vehicle, or structure. As set forth more fully below, J. PETROCELLI CONTRACTING submits an equivalen t level of safety will be maintained because operations closer than 500 feet to a person, vessel, vehicle, or structure will first require that the operator receive permission from any nonparticipating persons or the person who owns/controls the property. In addition, barriers or structures will be in place to sufficiently protect nonparticipating persons from debris in the event of an accident and all nonparticipating persons will be required to remain under such protections for the duration of the operati on.

5. Extent Of Relief J. PETROCELLI CONTRACTING Seeks And The Reason J. PETROCELLI

CONTRACTING Seeks Relief From Section 91.121.

Relief from Section 91.121, entitled Altimeter settings , may be required to allow flight operations of

the DJI Phantom 3 Professional UAS , because the DJI Phantom 3 Professional UAV’s altitude reporting equipment may be set on the ground to zero feet AGL, rather than local barometric pressure or field altitude, before each flight. The DJI Phantom 3 Professional UAS utilizes a barometric pressure sensor, GPS equipment, a Visual Positioning System using ultrasonic and imaging data, and a radio communications telemetry data link to downlink altitude information from the UA V to the PIC at

the GCS or Remote Controller. Considering the l imited altitude of the proposed operations, relief from 14 C.F.R. § 91.121 is sought to the extent necessary to comply with the applicable conditions and limitations stated below. As more fully set forth herein, a level of safety equivalent to Section 91.1 21 will be ensured as the altitude of

the DJI Phantom 3 Professional UAV will be reported to air traffic control (ATC) in feet above ground level (AGL), and J. PETROCELLI CONTRACTING will operate the DJI Phantom 3 Professional

UAV within visual line of sig ht, at or below 400 feet AGL.

6. Extent Of Relief J. PETROCELLI CONTRACTING Seeks And The Reason J. PETROCELLI

CONTRACTING Seeks Relief From Section 91.151(a)(1).13

Relief from Section 91.151(a)(1) entitled Fuel requirements for flight in VFR conditions

, is requested to the extent required to allow flights of the battery powered DJI Phantom 3 Professional UAV during daylight hours in visual meteorological conditions (VMC), under visual flight rules (VFR) for the DJI

Phantom 3 Professional UAV to fly for a total duration of eighteen ( 1 8 ) minutes to the first point of intended landing and, assuming normal cruising speed, to fly after that for at least five (5) minutes. J. PETROCELLI CONTRACTING seeks the requested relief because without an exemption from

Section 91.151 (a)(1), the flight time duration of the battery powered DJI Phantom 3 Professional UAV will severely constrain the practicality of any aerial acquisition and research flight operations that J. PETROCELLI CONTRACTING proposes to conduct pursuant to this Pet ition. Significantly, as set forth below, the technical specifications of the DJI Phantom 3 Professional UAS,

the DJI Phantom 3 Professional UAS operating documents, and J. PETROCELLI CONTRACTING’s proposed ope rating limitations, ensure J. PETROCELLI CONT RACTING will safely operate the battery powered DJI Phantom 3 Professional UA V during daylight hours in visual meteorological conditions (VMC) under visual flight rules (VFR), with enough battery power for the DJI Phantom 3

Professional UA V to fly for a to tal duration of eighteen ( 1 8 ) minutes to the first point of intended landing and, assuming normal cruising speed, to fly after tha t for at least five (5) minutes.

7 . Extent Of Relief J. PETROCELLI CONTRACTING Seeks And The Reason J. PETROCELLI

CONTRACTING Seeks Rel ief From Sections 91.405(a), 91.407(a)(1), 91.409 (a)(1) and (a)(2), And 91.417(a) and (b).

Since Sections 91.405(a), 91.407(a)(1), 91.409 (a)(1) & (a)(2), and 91.417(a) and (b) only apply to aircraft with an airworthiness certificate, J. PETROCELLI CONTRACTING requests relief from these

Sections because the DJI Phantom 3 Professional UAS does not require an airworthiness certificate. As set forth more fully below, the DJI Phantom 3 Professional meets the conditions of Section 333 of the FMRA for operation withou t an airworthiness certificate.

All maintenance, alterations, and preventive maintenance on the DJI Phantom 3 Professional UAS performed by J. PETROCELLI CONTRACTING will be in accordance with the methods, techniques, and practices prescrib ed in the opera ting documents (e.g. DJI Phantom 3 Professional Manual, S afety Guidelines, and Maintenance Manual). Furthermore, only the Original Equipment Manufacturer (OEM) or qualified OEM maintainers will perform higher level inspections and maintenance per the

opera ting documents and OEM standards. J. PETROCELLI CONTRACTING will document and

maintain all maintenance records for the DJI Phantom 3 Professional UAS

.14

D. The Reasons Why Granting . J. PETROCELLI CONTRACTING ’s Request Would Be In The

Public Interes t; That Is, How It Would Benefit The Public As A Whole.

Granting the present Petition will further the public interest by allowing J. PETROCELLI CONTRACTING to safely, efficiently, and economically perform aerial video graphy and photography

of real esta te and land scape over certain areas of the United States. Additionally, use of the DJI

Phantom 3 Professional UAS will decrease congestion of the NAS, reduce pollution, and provide significant benefits to the economy. Notably, the benefits of J. PETROCELL I CONTRACTING ’s proposed operati on of the DJI Phantom 3 Professional UAS will be realized without implicating any privacy issues.

1. The Public Will Benefit From Decreased Congestion Of The NAS.

The DJI Phantom 3 Professional UAS is battery powered and opera tes as a safe, efficient, an d economical alternative to conventional, manned aircraft t raditionally utilized to obtain aerial imagery. By reducing the amount of manned aircraft needed to perform ae rial acquisitions, an exemption allowing the use of a DJI P hantom 3 Professional UAS would reduce the amount of manned aircraft in the NAS, red uce noise and air pollution, as well as increase the safety of life and propert y in the air and on the ground. Furthermore, by reducing the number of manned aircraft o pera ting in the NAS, congestion around airports caused by arriving and departing aircraft will be reduced. The DJI Phantom 3 Professional UAS does not require an airport to takeoff or land. Likewise, a reduction of manned aircraft conducting aerial video and p hotography missions would result in fewer aircraft that must be handled by air traffic control during the ground, takeoff, departure, arrival, and landing phases of flight operations.

2. T he Public Will Benefit From The Safety And Efficiency Of The DJI Phan tom 3

Professional UAS. Conducting aerial acquisitions with the DJI Phantom 3 Professional UAS, instead of manned aircraft, will greatly benefit the public by drastically reducing the levels of air and noise pollution generated during conventional aerial v ideo graphy and still photography flight operations. Utilizing rechargeable, battery power ed

, electric motors, the DJI Phantom 3 Professional UAS produce s no air pollution and is

the most viable env ironmentally conscious alternative to the cabin class, six cylinder

, internal

com bustion engine aircraft typically utilized for aerial video graphy and photography. These conventional aerial platforms burn approximately 20

- 30 gallons pe r hour of leaded aviation fuel. The DJI Phantom 3 Professional UAS, while redu cing the carbon footprint of aerial acquisitions, also

eli minates noise pollution, as the UAS are propelled /powered by battery powered electric motors,

rat her than an internal combustion engine. P erform ing aerial acquisitions using the DJI Phantom 3

Profe ssional UAS significantly reduces the substantial risk to life and propert y in the air and on the ground, usually associated with traditional manned aircraft flight operations

. T he DJI Phantom 3 Professional UAV eliminates the necessity for flight crew, p assengers, and fuel. Moreover, DJI

Phantom 3 Professional UAV, we ighing approximately 2 .8 pounds, mitigates the physical potential for collateral damage to life and property on the ground and in the air , as compared to conventional,

manned aircraft (weigh ing ap proximately 5,500 pounds with a wingspan of approximately 40 feet, a length of 32 feet, and a fuel capacity of 150 gallons) conduct ing similar operations

.15

3. Performi ng Aerial Videography and Photography Operations With The DJI

Phantom 3 Profession al UAS Will Benefit The Economy.

In addition to being safe and efficient, the DJI Phantom 3 Professional UAS is also an economical alternative to using manned aircraft to condu ct similar aerial operations. Operating the DJI Phantom 3

Professional UAS wil l allow United States

- based businesses to remai n competitive and contribute to

the growth of the U.S. economy. Domestic businesses must adopt new and alternative technology in

order to remain compet itive. For example, consider the risin g cost of aviation fuel and the

Enviro nmental Protection Agency (EPA ) regulatory acti ons (phasing out leaded aviation fuels ). Operating th e battery powered DJI Phantom 3 Professional UAS fosters business grow t h across multiple industries that may have otherwise been inhibi ted by previously limited t echnology and/ or exorbitant operating costs. The DJI Phantom 3 Professional UAS not only allow s companies greater operational flexibil ity compared to manned aircraft but provides su ch flexibility without the high operational cos t of a traditional manned aircraft. C ompanies such as J. PETROCELLI

CONTRACTING

, while o perating the DJI Phantom 3 Professional UAS, can rem ain competitive and profitable, providing job growth and greater job stabilit y to employees and contractors. More opportunities presented by technologies such as the DJI Phantom 3 Professional UAS ultimat ely contribute to the growth of the U nited S tates economy. Improved financial performance of U.S.

co mpanies, through commercial use of the DJI Phantom 3 Professional UAS p rovides 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 rema in competitive both in the

United States and abroad.

E. The Reas ons Why Granting The Exemption Wou ld Not Adversely Affect Safety, Or How The Exemption Would Provide A Level O f Safety At Least Equal To That Provided By The Rule

From Which J. PETROCELLI CONTRACTING Seeks Exemption.

1. Reasons Why The DJI Phantom 3 Professi onal UAS Meets The Conditions Of The FAA Modernization and Reform Act of 2012 (FMRA) Section 333.

In consideration of the size, weight, speed, and limited operating area a ssociated with the DJI

Phantom 3 Professional UAS and its operation, J. PE TROCELLI CONTRACTING ’s operation of the

DJI Phantom 3 Professional UAS meet s the conditions of FMRA Section 333 and does not require an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H. Section 333 provides authority for a UAS to operate without airworthiness certification and sets forth requirements for considering whether a UAS will create a hazard to users of the NAS or the public, or otherwise pose a threat to national security. Specifically, FMRA

Section 333 states the followi ng, in part:

(a) In General.

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

(b) Assessment of Unmanned Aircraft Systems.

-- In making the determination under

Subsection (a), the Secretary shall determine, at a minimum

—16 (1) which types of unmanned aircraft systems, if any, as a result of their size, weight, speed, operational capability, proximity to airports and populated areas, and operation within visual line of sight do not create a hazard to users of the national airspace system or the public or pose a threat to national security; and

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

(c) Requirements for Safe Operation.

-- If the Secretary determines under this section that certain unmanned aircraft systems may operate safely in the nation al airspace system, the Secretary shall establish requirements for the safe operation of such aircraft systems in the national airspace system.

In seeking this exemption, J. PETROCELLI CONTRACTING submits that the DJI Phantom 3

Professional UAS can operat e safely in the NAS p ursuant to FMRA Section 333, as demonstrated by: (a) the characteristics of the DJI Phantom 3 Professional UAS ; (b) the pilot certification requirement; and (c) the specific operating limitations.

a. The Specifications Of The DJI Phantom 3 Professional UAS Demonstrate Its

Safe Characteristics.

The DJI Phantom 3 Professional UAS do es not create a hazard to users of the NAS or the public, or otherwise pose a threat to national securit y considering its size, weight, speed, and operational capability.

i. Technical Specifications Of The DJI Phantom 3 Professional UAS

.

The technical specifications of the DJI Phantom 3 Professional UAS is set forth by the DJI Phantom 3

Professional UAS User Manual , att ached hereto as Appendix A

.

ii. The DJI Phantom 3 Professional UAS Autonomous Flight And Navigation

Modes Enable The UAS To Remain Within A Defined Operational Area.

The DJI Phantom 3 Professional UAS may be operated in both manual and fu lly autonomous flight modes. A complete description of the f ligh t and navigational modes of the DJI Phantom 3 Professional

UAS is provided on pages 11, 26, and the Appendix (Intelligent Flight Mode) of the DJI Phantom 3

User Manual , at tached hereto as Appendix A

.

iii. The DJI Phantom 3 Professional is Designed For Automati c Return To

Home Point In The Event Of Loss Of The Control Link Or Navigation.

When the Control Link is lost, the DJI Phantom 3 Professional will remain stationary, in flight, for 3 seconds or more. If, aft er 3 seconds, the DJI Phantom 3 Professional UAS do es not re

- establish control link data from the GCS, the UA S will assume that the Control Link is lost and the UAV will r eturn to the home position via “F ailsafe RTH” (Return

- to

- Home mode) via GPS

- established Home Point , and will descend to the takeoff po sition and shutdown.

A complete description of the Failsafe Functi ons of the DJI Phantom 3 UAS is set forth on17

page 14 of the DJI Phantom 3 Professional User Manual , attached hereto as Appendix A

.

iv. The DJI Phantom 3 Professional GCS And Its Oper ation.

A complete description of the operation and spec ifications of the DJI Phantom 3 Professional

Remote Controller ( or GCS ) is provided on pages 2 3 throug h 29 of the DJI Phantom 3 Professional

User Manual. The DJI Phantom 3 Professional Manual is atta ched hereto as Appendix A.

b. Flight Operations Of DJI Phantom 3 Professional UAS Is Limited To The Line Of Sight Of A Certificated Pilot in Command With A Visual Observer.

J. PETROCELLI CONTRACTING will designate a n FAA certificated pilot in command (PIC) to operate the DJI Phantom 3 Professional UAS . Additionally, all operations will utilize a visual observer (VO) during flight operating time.

c. Flights Of DJI Phantom 3 Professional UAS Will Be Conducted Pursuant To Specific Operating Limitations.

In seeki ng this exemption, J. PETROCELLI CONTRACTING proposes to commercially operate the

DJI Phantom 3 Professional UAS for the special purpose of conducting aerial video graphy and photography over certain areas of United States, pur suant to the following specifi c operating

limitations:

1. Operations authorized by this grant of exemption are limited to the DJI Phantom 3

Professional UAS when weighing less than 55 pounds maximum gro ss weight

. 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 graphy and photography.

3. The UA V may not be flown at an indicated airspeed exceeding 87 knots (100 mph)

.

4. The UA mu st be operated at an altitude of no more than 4 00 feet above ground level (AGL ). All altitudes reported to ATC must be in feet AGL.

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

- issued airman medical certificate or U.S. driver’s

license.

6. All operations must utilize a visual observer (VO). The UA V must be operated within the

visual l ine of sight (VLOS) of the PIC and VO at all times. The VO may be used to satisfy the VLOS requirement as long as the PIC always maintains VLOS capability. The VO 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. The PIC must also ensure that the VO can perform the duties required of the VO.18

7. This exemptio n and all documents needed to operate the UAS and conduct its operations in accordance with the conditions and limitations stated in this grant of exemption, are hereinafter referred to as the operating documents. The operating documents must be

accessible during UAS operations and made available to the Administrator upon request. If a discrepancy exists between the conditions and limitations in this exemption and the procedures outlined in the operating documents, the conditions and limitations herein 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 or any law enforcement official upon request. The operator must also present updated and revised documents if it petitions for extension or amendment to this grant of exemption. If the operator determines that any update or revision would affect the basis upon which the FAA granted this exemption, then the operator must petition for an amendment to its grant of exemption. The FAA’s UAS Integration Office (AFS

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

8. Any UAS that has undergone maintenance or alterations that affect the UAS operation or flight characteristics, e.g. replacement of a flight critical component, must undergo a functional flight test prior to conducting further operations under this exemption. Functional test flights may only be conducted by a PIC with a VO and must remain at least 500 feet from other people. The functional test flight must be conducted in such a manner so as to

not pose an undue hazard to persons or property.

9. The operator is responsible for maintaining and inspecting the UAS to ensure that it is in a condition for safe operation.

10. Prior to each flight, the PIC must conduct a pre

- flight inspection and determine the UAS is in a condition for safe flight. The pre

- flight inspection must account for all potential discrepancies, e.g. inoperable components, items, or equipment. If the inspection reveals a condition that affects the safe operation of the UAS, the aircraft is proh ibited from operating until the necessary maintenance has been performed and the UAS is found to be in a condition for safe flight.

11. The operator must follow the UAS manufacturer’s maintenance, overhaul, replacement, inspection, and life limit requirement s for the aircraft and aircraft components.

12. Each UAS operated under this exemption must comply with the manufacturer safety

bulletins.

13. Under this grant of exemption, a PIC must hold either an airline transport, commercial, private, recreational, or spo rt pilot certificate. The PIC must also hold a current FAA airman medical certificate or a valid U.S. driver’s license issued by a state, the District of Columbia, Puerto Rico, a territory, a possession, or the Federal government. The PIC must

also meet th e flight review requirements specified in 14 CFR § 61.56 in an aircraft in which the PIC is rated on his or her pilot certificate.19

14. The operator may not permit any PIC to operate unless the PIC demonstrates the ability to safely operate the UAS in a manner consistent with how the UAS will be operated under this exemption, including evasive and emergency maneuvers and maintaining appropriate distances from persons, vessels, vehicles and structures. PIC qualification flight hours and currency must be logged i n a manner consistent with 14 CFR § 61.51(b). Flights for the purposes of training the operator’s PICs and VOs (training, proficiency, and experience

- building) and determining the PIC’s ability to safely operate the UAS in a manner consistent with how the UAS will be operated under this exemption are permitted under the terms of this 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 in accordance with 14 CFR § 91.119.

15. UAS operations 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). Flights under special visual flight rules (SVFR) are not authorized.

16. The UA may not operate within 5 nautical miles of an airport reference point (ARP) as denoted on a current FAA Airport/Facility Directory (AFD) or for airports not denoted with an ARP, the center of the airport symbol as denoted on the current FAA

- published aeronautical chart, unless a letter of agreement with that airport’s management is obtained or otherwise permitted by a COA issued to the exemption holder. The letter of agreeme nt with the airport management must be made available to the Administrator or any law enforcement official upon request.

17. The UA may not be operated less than 500 feet below or less than 2,000 feet horizontally from a cloud or when visibility is less than 3 statute miles from the PIC.

18. If the UA loses communications or loses its GPS signal, the UA V must return to a pre

determined location within the private or controlled

- access property.

19. The PIC must abort the flight in the event of unpredi cted obstacle s or emergencies.

20. The PIC is prohibited from beginning a flight unless (considering wind and forecast weather conditions) there is enough power for the UA V to conduct the intended operation and to operate

after that for at least five minutes or within th e r eserve power recommended by the manufacturer if greater.

21. Air Traffic Organization (ATO) Certificate of Wai ver or Authorization (COA). All operations

shall be conducted in accordance with an ATO

- issued COA. The exemption holder may apply

for a new or amended COA if it intends to conduct operations that cannot be conducted under

the terms of the attached COA.

22. All aircraft operated in accordance with the exemption must be identified by serial number, registered in accordance with 14 C.F.R. part 47, an d have identification (N

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

23. Documents used by the operator to ensure the safe operation and flight of the UAS and any documents required under 14 CFR §§91.9 and 91.203 must be available to the PIC at the Ground Control Station of the UAS any time the aircraft is operating. These documents must be made available to the Administrator or any law enforcement official upon request.20

24. The UA V must remain clear and give way to all manned aviation operations and activities at all

times.

25. The UAS may not be operated by the PIC from any moving device or vehicle.

26. All Flight operations must be conducted at least 500 feet from all nonparticipating

persons, ve ssels, vehicles, and structures unless:

a. Barriers or structures are present that sufficiently protect nonparticipating persons from the UA and/or debris in the event of an accident. The operator must ensure that nonparticipating persons remain under such protection. If a situation arises where nonparticipating persons leave such protection and are within 500 feet of the UA, flight operations must cease immediately in a manner ensuring the safety of nonparticipating persons; and,

b. The owner/controller of any vessels, vehicles or structures has granted permission for operating closer to those objects and the PIC has made a safety assessment of the risk of operating closer to those objects and determined that it does not present

an undue hazard.

The PIC, V O, operator trainees or essen tial persons are not considered nonparticipating persons under this exemption.

27. All operations shall be conducted over private or controlled

- access property with permission from the property owner/controller or authorized rep resentative. Permission from the land owner/controller or authorized representative will be obtained for each flight to be conducted.

28. Any incident, accident, or flight operation that transgresses the lateral or vertical boundaries of the operational are a 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.

If this exemption permits closed

- set motion picture and television filming and production, the following additional conditions and limitations apply.

29. The operator must have a motion picture and television operations manual (MPTOM) as

documented in this grant of exemption.

30. At least 3 days before aerial filming, the operator of the UAS affected by this exemption must submit a written Plan of Activities to the local Flight Standards District Office (FSDO) with jurisdiction over the area of proposed filming. The 3

- day notification may be waived with the concurrence of the FSDO. The plan of activities must include at least the following:

a. Dates and times for all flights; b. Name and phone number of the operator for the UAS aerial filming conducted under this21 grant of exemption;

c. Name & phone number of the person responsible fo r the on

- scene operation of the UAS; d. Make, model, and serial or N

- Number of UAS to be used; e. Name and certificate number of UAS PICs involved in the aerial filming; f. A statement that the operator has obtained permission from property owners and/or local officials to conduct the filming production event; the list of those who gave permission must be made available to the inspector upon request; g. Signature of exem ption holder or representative; and h. A description of the flight activity, including maps or diagrams of any area, city, town, county, and/or state over which filming will be conducted and the altitudes essential to accomplish the operation.

31. Flight op eration may be conducted closer than 500 feet from participating persons consenting to be involved and necessary for the filming production, as specified in the exemption holder’s

MPTOM.

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

J. PETROCELLI CONTRACTING Seeks Exemption:

J. PETROCELLI CONTRACTING . seeks exemption from the requirements of 14 C.F.R. Sections 61.23(a) and (c), 61.101(e)(4) and (e)(5), 61.113(a), 61.315(a), 91.7(a), 91.119(c), 91.121,

91.1 51(a), 91.405( a), 91.407(a)(1), 91.409(a)(1) and (a)(2), And 91.417(a) and (b).

A Brief Description Of The Nature Of The Exemption J. PETROCELLI CONTRACTING

Seeks:

This exemption will permit J. PETROCELLI CONTRACTING to commercially operate an

Unmanne d Aircraft System (UAS) for the purpose of conducting videography and photography within the National Airspace System (NAS).

G. Any Additional Information To Support J. PETROCELLI CONTRACTING’s Request.

This Petition is made pursuant to the FAA Moder nization 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, J. PETROCELLI CONTRACTING ’s request for exemption may be granted pursuant to the author ity of FMRA Section 333 and 14 C.F.R. Part 11, as set forth above.

FMRA Section 333 sets forth the requirements for considering whether a UAS will create a hazard to users of the NAS or the public, or otherwise pose a threat to national security; and fur ther, provides the authority for such UAS to operate without airworthiness certification. As discussed in
detail above, J. PETROCELLI CONTRACTING will operate the DJI Phantom 3 Professional UAS safely in the NAS, without creating a hazard to users of the NAS, or the public, or otherwise

pose a threat to national security.22 CONCLUSION

As set forth herein, J. PETROCELLI CONTRACTING . seeks an exemption pursuant to 14 C.F.R. § 11.61 and Section 333 of the FAA Modernization and Reform Act of 2012 (FMRA), wh ich will permit safe operation of the DJI Phantom 3 Professional UAS commercially, without an airworthiness certificate, for the limited purpose of conducting aerial videography and photography within the National Airspace System (NAS). By granting this Pe tition, the FAA Administrator will be fulfilling the Congressional mandate of the FAA Modernization and Reform Act of 2012, while also advancing the interests of the public, by allowing J. PETROCELLI CONTRACTING to safely, efficiently, and economically ope rate the DJI

Phantom 3 Professional UAS commercially within the NAS.

WHEREFORE , in accordance with the Federal Aviation Regulations and the FAA Modernization and
Reform Act of 2012, Section 333, J. PETROCELLI CONTRACTING respectfully requests that the

Adm inistrator grant this Petition for an exemption from the requirements of 14 C.F.R Sections 61.23(a) and (c), 61.101(e)(4) and (e)(5), 61.113(a), 61.315(a), 91.7(a), 91.119(c), 91.121, 91.151(a), 91.405( a), 91.407(a)(1), 91.409(a)( 1) and (a)(2), and 91.417(a) and ( b), and permit J. PETROCELLI CONTRACTING to operate the DJI 3Professional UAS commercially for the purpose of conducting aerial videography and photography within the NAS.

Dated: 1 October 2015 Respectfully submitted,

LR2 Aviation Technical Consultants, Inc.

/s/ Lawrenc e Lopez

_____________________________

Lawrence Lopez

11 Resiak Court

Holbrook, New York 11741

Tel: (631) 838

- 0828

Larlop68@gmail.com

Consultant for Petitioner23

Appendix

A

- DJI Phantom 3 Professional Manual

(See el ectronic copy: http://download.dji

innovations.com/downloads/phantom_3/en/Phantom_3_Professional_User_Manual_v1.4_en_0915.pdf