UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

FEDERAL AVIATION ADMINISTRATION

WASHINGTON, DC

Regulatory Docket No. _______________

IN THE MATTER OF THE PETITION FOR EXEMPTION OF:
DEBORAH A TRACY

FOR AN EXEMPTION SEEKING RELIEF FROM THE REQUIRE MENTS OF TITLE 14 OF THE CODE OF FEDERAL

REGULATIONS SECTIONS 61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), AND 91.417(a) & (b) CONCERNING COMMERCIAL OPERATION

OF DJI PHANTOM 2 UNMANNED AIRCRAFT SYSTEMS
PURSUA NT TO SECTION 333 OF THE FAA MODERNIZATION AND REFORM ACT OF 2012 (PUBLIC

LAW 112

- 95)

Submitted on June 21, 2015

DEBORAH A TRACY

1304 KINGSBURY COURT

CHESAPEAKE, VA 23322

(757) 650

- 5599TABLE OF CONTENTS

Page

GLOSARY OF

ABBREVI ATIONS..............

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

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

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

I NTRODUCTION AND INTERESTS OF PETITIONER....

... ......4

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

...... ........................... ...5

BASIS FOR PETITION......

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

NAME AND ADDRESS OF PETITIONER....

... ...................7

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

WHICH DEBORAH A TRACY SEE KS

EXE MPTION

...... ................................................................. ..7

THE EXTENT OF RELIEF DEBORAH A TRACY SEEKS

AND THE REASON DEBORAH A TRACY SEEKS THE

RELIEF.............

........................................................ ............10

THE REASONS WHY GRANTING DEBORAH A TRACY
REQUEST WOULD BE IN THE PUBLIC INTEREST

..................... .................................. ........................................13

THE REASONS WHY GRANTING THE EXEMPTION

WOULD NOT ADVERSELY AFFECT

SAFETY... ...........................................................................15

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

....................... ........21GLOSSARY OF ABBREVIATIONS

AGL Above Ground Level

AOI Area of Interest

ATC A ir Traffic Control

ATO Air Traffic Organization

AV Aerial Vehicle

CFR Code of Federal Regulations

COA Certificate of Authorization

FAA Federal Aviation Administration

FA R Federal Aviation Regulation

GCS Ground Control Station

GPS Gl obal Positioning System

LOL Loss of Link

NAS National Airspace System

NOTAM Notice to Airman

PIC Pilot In Command

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

SO Safety ObserverGLOSSARY OF ABBREVIATIONS

- Continued

SOP St andard Operating Procedures

UA Unmanned Aircraft

UAS Unmanned Aircraft System

VFR Visual Flight Rules

VLOS Visual Line of Site

VMC Visual Meteorological Conditions

VTOL Vertical Takeoff and Landing

DJI UAV M anufacturer

ESC Electronic s peed control

FPV First Person View

LI

- PO Lithium Polymer battery

RCV Radio Controlled vehicle**SUMMARY**

DEBORAH A TRACY 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 DEBORAH A TRACY to operate an Unmanned Aircraft System (UAS) for t he commercial purpose of conducting aerial video and photography for real estate photography, and real estate fly

- over video over certain areas of
the United States.

INTRODUCTION AND INTERESTS OF THE PETITIONER

My name is DEBORAH A TRACY, and I am a dron e operator (pilot) with expertise and knowledge in all aspects of o perating multiple types of UAS along with camera set up and operation. DEBORAH A TRACY also provides clients with the highest quality digital content for use in their commercial real estate listings. DEBORAH A TRACY has 1 years of radio controlled helicopter experience.

The objective of DEBORAH A TRACY’ aerial video and photography operations is to provide high quality imaging for a variety of commercial, and residential uses. DEBORAH A

TRA CY will also provide knowledge of UAS and promote safe UAS operations.B ACKGROUND

Unmanned Aircraft Systems: DJI Phantom 2 UAS

DEBORAH A TRACY seeks an exemption to operate DJI systems for compensation or hire within the NAS. The DJI PHANTOM 2

are v ertical takeoff and landing (VTOL) Unmanned Aircraft (UA) with a Ground Control Station (GCS) utilizing electronic tablet or smart phone systems. The DJI Phantom 2 has a maximum gross weight of approximately 2 pounds 14 ounces, while having a length of 16 inches width of 16 inches, height of 8 inches, and a maximum speed of approximately 29 knots. The DJI Phantom 2 is equipped with four main rotors; driven by Lithium Polymer battery powered electric motors.

The DJI Phantom 2 UAS will be operated by DEBORAH A TRACY 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 Registration Markings.BASIS FOR PET ITION

Petitioner, DEBORAH A TRACY, 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 Systems, hereby petition s the Administrator to commercially operate the DJI
Phantom 2 UAS 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, DEBORAH A TRACY operation of DJI PHANTOM 2 UAS meets the conditions of FMRA Section 333 and therefore, wi ll not require an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H.

Accordingly, DEBORAH A TRACY 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 requir ements for maintenance that only apply to aircraft with an airworthiness certificate.

DEBORAH A TRACY submits that the requested relief is proper since an equivalent level of safety will be ensured. DEBORAH A TRACY will use experienced personnel or techni cians to perform maintenance, alterations, or preventive maintenance on the UAS using the methods, techniques, and practices prescribed in the operating documents (i.e., and DJI PHANTOM 2 Instruction Manual). Furthermore, DEBORAH A TRACY will document and
maintain all maintenance records for the DJI PHANTOM 2 UAS.

Relief from certain requirements of Section 61.113(a) and (b), entitled Private pilot privileges and limitations: Pilot in command, is requested by DEBORAH A TRACY to the extent necessary toallo w a Pilot in Command (PIC) who has demonstrated, by meeting minimum flight

- hour requirements, that the PIC is able to safely operate the DJI Phantom 2 UAS in a manner consistent with this exemption, including evasive and emergency maneuvers and maintaining appropriate distances from people, vessels, vehicles
and structures.

DEBORAH A TRACY seeks relief from Section 91.7(a), entitled Civil aircraft airworthiness, because the DJI PHANTOM 2 UAS do not require an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H. As such, DEBORAH A TRACY
submits that he will ensure that the DJI PHANTOM 2 UAS are in an airworthy condition, prior to every flight, by determining that the UAS are in compliance with the operating documents (i.e, and

DJI PHANT OM 2 Instruction Manuals), and that the aircraft are in a condition for safe flight.

DEBORAH A TRACY also seeks an exemption from the requirements of Section 91.121, entitled Altimeter Settings, as the
DJI Phantom 2 UAS will not have a typical barometr ic altimeter onboard. However, altitude information of the DJI PHANTOM 2 UAs will be provided to the PIC via Global Positioning System (GPS) equipment and radio communications telemetry data link,
which downlinks from the UA to the GCS for active monitorin g of the flight path. This altitude information, combined with DEBORAH A TRACY’S operation of the DJI Phantom UAS within visual line of sight, at or below 500 feet AGL, will ensure a level of safety equivalent to Section 91.121.

Additionally, DEBORAH A TR ACY seeks an exemption from the requirements of Section 91.151(b), entitled Fuel requirements for flight in VFR conditions. DEBORAH A TRACY submits that safety will not be affected by operation of the DJI PHANTOM 2 UAs during daylight hours in visual meteo rological conditions (VMC) under visual flight rules (VFR), with enough battery power to fly for a total duration of approximately 15.5 minutes to the firstpoint of intended landing and, assuming normal cruising speed, to fly after that for at least 4.5 m inutes.

In accordance with 14 C.F.R. § 11.81, DEBORAH A TRACY 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:

DEBORAH A TRACY

1304 Kingsbury Court

Chesapeake, VA 23322

(757) 650

- 5599

Email: deborah.tracy@cox.net

**B. The Specific Sections of 14 C.F.R. From Which DEBORAH A TRACY Seeks Exemption.** 

**1. DEBORAH A TRACY Seeks Exemption from the Requirements of Section 61.113(a)**  **And (b).**

(a) Section 61.113, entitled Private pilot privileges and limitations: Pilot in command, subsections (a) and (b) prescribe the following, in relevant part: (i) No person who holds a private pilot certificate may act as a pilot in command

(PIC) o f an aircraft that is carrying passengers or property for compensation or hire; nor may that person, for compensation or hire, act as PIC of an aircraft. (ii) A private pilot may, for compensation or hire, act as PIC of an aircraft in connection with

any business or employment if

—

a. The flight is only inci dental to that business or employment;b. The aircraft does not carry passengers o r property for compensation or hire.

**2. DEBORAH A TRACY Seeks Exemption from The Requirements Of Section 91.7(a).** 

(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. DEBORAH A TRACY Seeks Exemption from The Requirements Of Section 91.121.** 

(a) Section 91.121, entitled Altimeter settings, subsec tion (a), states the following, in part:

(i) Each person 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 UAs Below 18,000 feet MSL, t o:

a. The current reported altimeter setting of a station along the route and within 100 nautical miles of the aircraft;

b. If there is no station within the area of this section, the current reported altimeter setting of an appropriate available station ; or

c. In 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. DEBORAH A TRACY Seeks Exemption from The Requirements Of Section 91.151(b).** 

(a) Secti on 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 point of intended landing and, assuming normal cruising speed, to fly after that for at
least 20 minutes.

**5. DEBORAH A TRACY Seeks Exemption from The Requirement Of Section 91.405(a).** 

(a) Section 91.405, entitled Maintenance required, subsection (a), states the following: Each owner or operator of an aircraft

—
(i) Shall have that aircraft inspected as required and shall between required inspections have discrepancies repaired as required.

**6. DEBORAH A TRACY Seeks Exemption from The**

**R equirements Of Section 91.407(a)(1)** 

(a) Section 91.407, entitled Operation after maintenance, preventive maintenance, rebuilding, or alteration, subsection (a)(1), states the following:

(i) No person may operate any aircraft that has undergone
maintenanc e, preventive maintenance, rebuilding, or alteration
unless

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

**7. DEBORAH A TRACY Seeks Exemption from The Requirements Of Sections 91.409(a)(1) And 91.4**  **09(a)(2).**

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

-- a. An annual inspection in accordance with part 43 of this chapterand has been approved for return to service by a person authorized by § 43.7 of this chapter; or

b. An inspection for the issuance of an airworthiness certificate in accordance with part 21 of this chapter.

**8. DEBORAH A TRACY Seeks Exemption from the Requirements of Sections 91.417(a) a**  **nd 91.417(b).**

(a.) Section 91.417, entitled Maintenance records, subsections (a) and (b), state the following:

(i) Except for work performed in accordance with §§ 91.411 and 91.413, each registered owner or operator shall keep the following records for t he periods specified in paragraph (b)
of this section:

a. 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 aircraft (i ncluding the airframe) and each engine, propeller, rotor, and appliance of an
aircraft. The records must include

--

1. A description (or reference to data acceptable to the Administrator) of the work performed; and

2. The date of completion of the work per formed;
and

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

b. Records containing the following information:

1. The total time in service of the airframe, each engine, each propeller, and each rotor.

2. The current status of life

- limited parts of eachairframe, engine, propeller, rotor, and appliance.

3. The time since last overhaul of all items installed on the aircraft which are required to be overhauled on a specified time basis.

4. The current in spection status of the aircraft, including the time since the last inspection required by the inspection program under which the aircraft and its appliances are maintained.

5. The current status of applicable airworthiness directives (AD) and safety direc tives 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.

6. Copies of the forms prescribed by § 4 3.9(d) of this chapter for each major alteration to the airframe and currently installed engines, rotors, propellers, and appliances.

c. The owner or operator shall retain the following records for the periods prescribed:

1. The records specified in para graph (a) 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) of
this section shall be retained and transferred
with the aircraft at th e time the aircraft is
sold. A list of defects furnished to a registered owner or operator under § 43.11of this chapter shall be retained until the defects are repaired and the aircraft is approved for return to service.

**C. The Extent Of Relief DEBORAH A TRACY Seeks And The** 
**Reason DEBORAH A TRACY Seeks The Relief.**

**1. Extent of Relief DEBORAH A TRACY Seeks and the**
**Reason DEBORAH A TRACY Seeks Relief From Section 61.113(a) And (b).** 

(a) Relief from Section 61.113(a) and (b) entitled Private pilot privileg es and limitations: Pilot in command, is requested to the extent necessary to allow a PIC 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 forth in Section 61.113(a) and (b) state that a private pilot may, for compensation or hire, act as PIC of an aircraft in connection with any business or employment if:

d. The flight is only incidental to that business or employment; and

e. Th e aircraft does not carry passengers or property for compensation or hire.

As set forth more fully below, DEBORAH A TRACY submits that an equivalent level of safety will be maintained because no PIC will be allowed to operate the DJI Phantom 2 UAS, DJI Phantom 2 UAS unless that PIC has met certain flight

- hour and currency requirements, demonstrating that the PIC is able to safely operate
either the DJI Phantom 2 UAS in a manner consistent with the operations specifications as described in this exemption, including evasive and emergency maneuvers, as well as maintaining appropriate distances from people, vessels, vehicles and structures. Further, DEBORAH A TRACY submits that all flights of the DJIPHANTOM 2 UAS, conducted by the PIC pursuant to the grant o f
this Petition:

1. Will be incidental to DEBORAH A TRACY'S business; and

2. Will not carry passengers or property for compensation or
hire.

**2. Extent Of Relief DEBORAH A TRACY Seeks And The**
**Reason DEBORAH A TRACY Seeks Relief From Section 91.7(a).** 

3.

(a) Relief from Section 91.7(a) entitled Civil aircraft airworthiness, is requested to the extent required to allow DEBORAH A TRACY to determine that the DJI PHANTOM 2 UAS are in airworthy condition prior to every flight by ensuring that the UAS is in complia nce with the operating documents (i.e., DJI PHANTOM 2 Instruction Manual). DEBORAH A TRACY seeks the requested relief because the DJI PHANTOM 2 UAS do not require an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H. Therefore, DEBO RAH A TRACY will ensure that the DJI PHANTOM 2 UAS are in airworthy condition based upon its compliance with the operating documents (i.e., Monthly Maintenance Log, and DJI PHANTOM 2 Instruction Manual) prior to every flight, and further, determine that th e aircraft are in condition for safe flight, as stated in the conditions and limitations
below.

**3. Extent Of Relief DEBORAH A TRACY Seeks And The**
**Reason DEBORAH A TRACY Seeks Relief from Section**
**91.121.**

(a) Relief from Section 91.121, entitled Altimeter settings,may be required to allow flight operations of the DJI PHANTOM 2 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 PIC 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), DEBORAH A TRACY seeks the requested relief because the DJI PHANTOM 2 UA’s
altim eter 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 com ply with the applicable conditions and limitations stated below. As more fully set forth herein, an equivalent level of safety will be maintained since the DJI PHANTOM 2 UAs are equipped with a barometric pressure sensor and GPS equipment, which automatica lly ensures that a ground level pressure setting will be established prior to each flight, and provides the PIC with altitude information of
the UA on the heads

- up display of the GCS.

**4. Extent Of Relief DEBORAH A TRACY Seeks And The**
**Reason DEBORAH A TRAC Y Seeks Relief From Section**  **91.151(b).**

(a) Relief 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 2 UAs during daylight hours in visual meteorological conditions (VMC), under visual flight rules (VFR), for a total duration of 15.5 minutes to the first point of intended landing and, assuming normal cruising speed, to fly after that for at least 4.5 minutes. ABBA BOLSHAKOVA seeks the reques ted relief because without an exemption fromSection 91.151(b), the flight time duration of the battery powered DJI PHANTOM 2 UAs will severely constrain the practicality of any aerial video or still photo flight operations that DEBORAH A TRACY proposes to conduct pursuant to this Petition. Significantly, as set forth below, the technical specifications of the DJI PHANTOM 2 UAS, the DJI PHANTOM 2 operating documents, and DEBORAH A TRACY’S proposed operating limitations, ensure that
DEBORAH A TRACY will safe ly operate the battery powered DJI PHANTOM 2 UAs 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 DEBORAH A TRACY Seeks And The**
**Reason DEBORAH A TRACY Seeks Relief From Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), And 91.417(a) &**  **(b).**

(a) 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, DEBORAH A TRACY requests
relief from these Sections because the DJI PHANTOM 2 UAS do not require airworthiness cert ificates. As set forth more fully below, the DJI PHANTOM 2 UAS meet the conditions of FMRA Section 333 for operation without an airworthiness certificate. Accordingly, DEBORAH A TRACY will use trained technicians to perform maintenance, alterations, or pre ventive maintenance on the UAS using the methods, techniques, and practices prescribed in the UAS operating documents (i.e., DEBORAH A TRACY Aerial Operations Manual, Monthly Maintenance Log, and DJI PHANTOM 2 Instruction Manual). Furthermore, DEBORAHA TR ACY will document and maintain all maintenance
records for the DJI PHANTOM 2 UAS.

**D. The Reasons Why Granting DEBORAH A TRACY Request Would Be In The Public Interest; That Is, How It Would** 
**Benefit The Public As A Whole.**

Granting the present Petition w ill further the public interest by allowing DEBORAH A TRACY to safely, efficiently, and economically perform aerial video and photography of real estate properties over certain areas of the United States.

Additionally, use of the DJI PHANTOM 2 UAS will
decre ase congestion of the NAS, reduce pollution, crashes and accidents caused by pilot error and provide significant benefits to the economy. Notably, the benefits of DEBORAH A TRACY’S proposed operation of the DJI PHANTOM 2 UAS will be realized without implic ating any privacy issues.

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

The DJI Phantom 2 UAS are battery powered and serve as a safe, efficient, and economical alternative to the manned aircraft traditionally utilized to obtain aerial imagery. By reducing the amount of manned aircraft needed to perform aerial acquisitions, an exemption allowing the use of a DJI Phantom 2 UAS would reduce the amount of manned aircraft in the NAS, reduce noise and air pollution, as well as increase the s afety 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

DJI PHANTOM 2 UAs do not requi re an airport to takeoff or land. Likewise, a reduction of manned aircraft conducting aerial videoand 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.

**2. The Public Will Benefit From The Safety And Efficiency Of The DJI PHANTOM 2 UAS.** 

Conducting aerial acquisitions with the DJI PHANTOM 2 UAS, instead of manned aircraft, will greatly benefit the public by drastically redu cing the levels of air and noise pollution generated during traditional aerial video and still photography flight operations. By using battery power and electric motors, the DJI PHANTOM 2 UAS produce no air pollution, and is the most viable environmentally conscious alternative to the cabin class, six cylinder internal combustion engine aircraft that are typically utilized for aerial video and photography, while burning approximately 20

- 30 gallons per hour of leaded aviation fuel. The DJI PHANTOM 2 UAs, whi le reducing the carbon 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 DJI PHANTOM 2 UAS to perform aerial acquisitions , the substantial risk to life and 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
loc ated onboard the aircraft, the DJI PHANTOM 2 UAS (weighing approximately 2 pounds 14 ounces at its maximum gross weight
with a length of 16 inches

, and a width of 16 inches , and with no fuel on board), has less physical potential for collateral damage to life and property on the ground, and in the air, compared to the manned aircraft that typically conduct similar operations (weighing approximately 6,000 pounds with a wingspan of approximately 42 feet, a length of 34 feet, and a fuel capacity of 180 gallons).**4. Performing Aerial Video and Photography Operations With The DJI PHANTOM 2 UAS Will Benefit The Economy.** 

In addition to being safe and efficient, the DJI PH ANTOM 2 UAS are also an economical alternative to using manned aircraft to conduct similar aerial operations. As such, operation of the DJI PHANTOM 2 UAS will allow United States based companies remain competitive and contribute to growth of the U.S. econo my. 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 com petitive. Operating the battery powered DJI PHANTOM 2 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 ma nned aircraft.

By operating the DJI PHANTOM 2 UAS can remain competitive and profitable, and therefore, provide greater job stability to employees and contractors, which will ultimately contribute to growth of the U.S. economy. Improved financial performa nce of U.S. companies, through commercial use of the DJI PHANTOM 2 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

re main competitive both in the United States and abroad.

**5. There Are No Privacy Issues.**

Similar to the manned aerial acquisition flight operations that have been conducted for decades, DEBORAH A TRACY’S proposed operation of the DJI PHANTOM 2 UAS will no t implicate any privacy issues. Specifically, the DJI PHANTOM 2 UAS will beoperated only in compliance with operating documents (i.e., Aerial Operations Manual, Monthly Maintenance Log, and DJI
PHANTOM 2 Instruction Manual ), which requires property owner involvement as well as local law enforcement notification, and in accordance with the Federal Aviation Regulations, including the minimum altitude requirements of 14 C.F.R. § 91.119.

**E. The Reasons Why Granting The Exemption Would Not Adversely Affect Saf**  **ety, Or How The Exemption Would Provide A Level Of Safety At Least Equal To That Provided**  **By The Rule From Which DEBORAH A TRACY Seeks Exemption.** 

**1. Reasons Why The DJI PHANTOM 2 UAs Meet The**
**Conditions Of The FAA Modernization and Reform Act of 2012 (FMR**  **A) Section 333.**

(a) In consideration of the size, weight, speed, and limited operating area associated with the unmanned aircraft and its operation, DEBORAH A TRACY’S operation of the DJI
PHANTOM 2 UAS meet the conditions of FMRA Section 333, and will not require an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H. Section 333 provides authority for a UAS to operate without airworthiness 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 following, in part:

(i) 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 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 Actor the g uidance required by section 334 of this Act.

(ii) Assessment of Unmanned Aircraft Systems.

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

—
(a) which types of unmanned aircraft systems (UAS), if

any, as a re sult 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 secur ity; and 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).

(b) Requ irements 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
syste ms in the national airspace system.

In seeking this exemption, DEBORAH A TRACY submits that the DJI Phantom 2 and, DJI Phantom 2 UAS can operate safely in the NAS pursuant to FMRA Section 333, as demonstrated by:

(a) The characteristics of the DJI PHANTO M 2 UAS;

(b) The pilot certification requirement; and

. (c) The specific operating limitations.

**a. The Specifications Of The DJI PHANTOM 2 UAS**
**Demonstrate Its Safe Characteristics.**

The DJI PHANTOM 2 UAS do not create a hazard to users of the NAS or the public, or otherwise pose a threat to national securi tyconsidering its size, weight, speed, and operational capability.

**i. Technical Specifications Of The DJI PHANTOM 2 UAS.**

The technical specifications of the DJI Phantom 2 UAS are set forth by the DJI Phantom Specifications and Data Sheets, attached.

ii . The DJI PHANTOM 2 UAS Autonomous Flight And Navigation Modes Enable The UAS To Remain Within A Defined Operational

Area.

The DJI PHANTOM 2 UAS may be operated in both manual and fully autonomous flight modes. A complete description of the flight and nav igational modes of the DJI PHANTOM 2 UAS is provided at pages 25

- 35 of the DJI Phantom 2, pages 11

- 12 of the
DJI Phantom 2 User Manuals.

**iii. The DJI Phantom UAS Are Designed For Automatic**
**Return To Home Point Or Hover In The Event Of Loss Of The**
**Control Link Or Navigation.** 

When the Control Link is lost, the DJI PHANTOM 2 UAs will remain stationary, in flight, for 3 seconds or more. If, after 3 seconds, the DJI PHANTOM 2 UAs do not reacquire control link data from the GCS, the UAs will assume that the Con trol Link is lost and the UAs will return to the 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 DJI Phantom 2 UAS are set forth at page 13 of the D JI Phantom 2
User Manuals.

**iv. The DJI Phantom 2 GCS And Its Operation.**

A complete description of the operation and specifications of the DJI PHANTOM 2 GCS and flight control software is provided at pages 32

- 43 of the DJI Phantom 2 User Manuals.

**b. Fli ght Operations Of DJI Phantom 2 UAS Are Limited To** **The Line Of Sight Of A Certificated Pilot in Command With A Safety Observer.** 

DEBORAH A TRACY will only utilize pilots who comply with the FAA requirements the to act as a pilot in command (PIC) of the

DJI PHANTOM 2 UAS. Additionally, a safety observer will assist all pilots during flight time.

**c. Flights Of DJI PHANTOM 2 UAS Will Be Conducted Pursuant To Specific Operating Limitations.** 

In seeking this exemption, DEBORAH A TRACY proposes to commercially o perate DJI PHANTOM 2 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 exemption will be
limited to the following aircraft described in the operating documents, rotorcraft UAS weighing less than 55 pounds maximum gross weight: DJI PHANTOM 2 Unmanned Aircraft Systems. Proposed operations of any other aircraft will require a new petition or a petition to a mend 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 altitud e of no more than 500 feet above ground level (AGL), as indicated by the procedures specified in the operating documents unless a special request is made and approved by ATC. All altitudes reported to ATC must be in feet AGL.5. The UAs must be operated wi thin 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 vi ew (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 commu nicate 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 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 conditions and limitations contained in the grant of exemption and the procedures outlined in the operatin g 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 i s the operator’s responsibility to track such revisions and present updated andrevised documents to the Administrator upon request. The operator must also present updated and revised documents if it petitions for extension or amendment to the grant of

exe mption. If the operator determines that any update or revision would affect the basis upon which the FAA granted the exemption, then the operator must petition for amendment to its grant of exemption. The FAA’s UAS Integration Office (AFS

- 80) may be contac ted 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 in a condition for safe flight. The Ground Control Station must be included in the preflight inspection. All maintenance
and alterations must be properly documented in the aircraft
records.

11. 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 te st flight. The PIC who conducts the functional test flight must make an entry in the aircraft records.

12. The pre

- flight inspection must account for all potential discrepancies, e.g. inoperable components, items, or equipment, not already covered in the rel evant sections of the operating documents.

13. The operator must follow the UAS manufacturer’s aircraft/component, maintenance, overhaul, replacement, inspection, and life limit requirements.14. The operator must carry out its maintenance, inspections, and

re cord keeping requirements, in accordance with the operating documents. Maintenance, inspection, alterations, and status of replacement/overhaul component parts must be noted in the aircraft records, including total time in service, description of work acco mplished, 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 operat or may not permit any PIC to operate unless the PIC meets the operator’s qualification criteria and demonstrates the ability to safely operate the UAS in a manner consistent with how the UAS will be operated under the exemption, including evasive and emerg ency maneuvers and maintaining appropriate distances from persons, vessels, vehicles and structures. PIC qualification flight hours must be logged in a manner 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, proficiency, and experience

- buildin g flights, all persons not essential for flight

18. 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 operations may not be conducted during n ight, as defined in 14 C.F.R. § 1.1. All operations must be conductedunder 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 speci al visual flight rules (SVFR) are not authorized.

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 that airport’s management is obtaine d, 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 may not be operated less than 500 feet be low 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 location 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 (consi dering 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 obtain an Air Traffic Organization (ATO)
issued Certifica te of Waiver or Authorization (COA) prior toconducting 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 op eration. 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 aircraft operated in accordance with the exemption must
be i dentified 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. Before conducting operations, the radio f requency 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. The documents required fewer than 14 C.F.R. 91.9 and
91.203 must be ava ilable 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.

30. The UAS may not be operated by the PIC from any moving
device or vehicle. 31.

31. Flight operations must be conducted at least 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 from the UA and/or debris in the event of an accident. The operator must ensu re 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 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 operating closer to those objects and determined that it does not present an u ndue 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 operations shall be conducted over private or controlled

access property with permission fr om 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 v ertical 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 contai ned 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 Adversely Affect Safety.** 

DEBORAH A TRACY submits that the equivalent level of safety established by Section 61.113(a) and (b ) will be maintainedbecause no PIC will be allowed to operate the DJI PHANTOM 2 UAS unless that PIC has demonstrated, by meeting minimum flight

- hour and currency requirements, that the PIC is able to safely operate the DJI Phantom 2 UAS in a manner consis tent with the exemption, including evasive and emergency maneuvers and maintaining appropriate distances from people, vessels, vehicles
and structures.

Considering DEBORAH A TRACY’S proposed area of operations, the operating limitations set forth

- above, a nd the airmanship skills necessary to safely operate the DJI Phantom 2 UAS, DEBORAH A TRACY submits that the additional manned airmanship experience of a commercially certificated pilot would not correlate to the airmanship skills necessary for CHARLES R

T RACY ’ specific proposed flight operations.

The FAA has previously granted relief from Section 61.113(a) and (b) specific to UAS, in circumstances similar, in all material respects, to those presented herein.

DEBORAH A TRACY will not allow any PIC to oper ate the DJI
Phantom 2 UAS unless that PIC has demonstrated, by meeting minimum flight

- hour requirements or the DJI Phantom 2 UAS training and currency requirements, that the PIC is able to safely operate the DJI Phantom 2 UAS in a manner consistent with t his 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 consistent 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 requirements, the PIC must accomplish 3 takeo ffs and landings in the preceding 90 days (for currency purposes).

CONCLUSIONDEBORAH A TRACY 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 DJI PHANTOM 2 UAS commercially, without an airworthiness certificate, 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 Congr essional mandate of the FAA Modernization and Reform Act of 2012, while also advancing the interests of the public, by allowing DEBORAH A TRACY to safely, efficiently, and economically operate the DJI Phantom 2 UAS commercially within the NAS. WHEREFORE, i n accordance with the Federal Aviation Regulations and the FAA Modernization and Reform Act of 2012, Section 333, DEBORAH A TRACY respectfully requests that the Administrator grant this Petition for an exemption from the requirements of 14 C.F.R Sections 6 1.113(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 Leading Edge to operate the DJI PHANTOM 2 UAS commercially for the purpose of conducting aerial video and photography over certain a reas of the United
States.

Dated: August 10, 2015

Submitted by DEBORAH A TRACY