September 17, 2015

Exemption No. 12915 Regulatory Docket No. FAA

– 20 15

– 2227

Mr. Steven Roote

840 State Street Boyne City, MI 49712

Dear Mr. Roote :

This letter is to inform you that we have granted your request for exemption. It transmits our decision, explains its basis, and gives you the conditions and limita tions of the exemption, including the date it ends.

By letter dated May 26, 2015 , you petitioned the Federal Aviation Administration (FAA) for an exemption . The petitioner requested to operate an unmanned ai rcraft system (UAS) to

conduct aerial photography and videography, aerial acquisitions, search and rescue operations, and motion picture filming

.

See Appendix A for the petition submitted to the FAA des cribing the proposed operations and

the regulations that the petitioner seeks an exemption

.

The FAA has determined that good cause exists for not publishing a summary of the petition in the Federal Register because the requested exemption would not set a precedent, and any delay in acting on this petition would be detrimental to the petitioner

.

Airworthiness Certification

The UAS proposed by the petitioner is a DJI Phantom 2 Vision+

.

In accordance with the statutory criteria provided in Section 333 of P ublic Law 112

− 95 in

reference to 49 U

. S

. C

. § 44704, and in consideration of the size, weight, speed, and limited operating area associated with the aircraft and its operation, the Secretary of Transportation

has determined that this aircraft meets the conditions of Section 333. Therefore, the FAA

finds that relief from 14 CFR part 21

, C ertification procedures for products and parts,2

Subpart H

— Airworthiness Certificates , and any associated noise certification and testing requirements of part 36, is not necessary.

The Basis for Our Decision

You have requested to use a UAS for aerial data collection 1

. The FAA has issued grants of exemption in circumstances similar in all material respects to those presented in your petition. In Grants of Exemption No s

. 11062 to Astraeus Aerial ( see Docket No. FAA−2014−0352), 11109 to Clayco, Inc. ( see Docket No. FAA

− 2014

− 0507), 11112 to VDOS Global, LLC ( see Docket No. FAA−2014−0382), and 11213 to Aeryon Lab s , Inc. ( see Docket No. FAA−2014−0642), the FAA found that the enhanced safety achieved using an unmanned aircraft (UA) with the specifications des cribed by the petitioner and carrying no passengers or crew, rather than a manned aircraft of significantly greater proportions, carrying crew in addition to flammable fuel, gives the FAA good cause to find that the UAS operation enabled by this exemption is in the public interest.

Having reviewed your reasons for requesting an exemption, I find that

—

 They are similar in all material respects to relief previously requested in Grant of Exemption Nos. 11062, 11109, 11112, and 11213 ;

 The reasons stated by th e FAA for granting Exemption Nos. 11062, 11109, 11112, and

11213 also apply to the situation you present; and

 A grant of exemption is in the public interest.

Our Decision

In consideration of the foregoing, I find that a grant of exemption is in the public interest. Therefore, pursuant to the authority contained in 49 U.S.C. 106(f), 40113, and 44701, delegated to me by the Administrator, Mr. Steven Roote is granted an exemp tion from

14 CFR §§ 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 the extent necessary to allow the petitioner to operate a UAS to perform aerial data collection. This exemption is subject to the conditions and limitations listed below.

Conditions and Limitations

In this grant of exemption, Mr. Steven Roote is hereafter referred to as the operator.

1 Aerial data collection includes any remote sensing and measuring by an instrument(s) aboard the UA. Examples include imagery (photography, video, infrared, etc.), electronic measurement (precision surveying, RF analysis, etc.), chemical measurement (part iculate measurement, etc.), or any other gathering of data by

instruments aboard the UA.3

Failure to comply with any of the conditions and limitations of this grant of exemption will be grounds for the immediate suspension or rescission of this exemption.

1. Operations authorized by this grant of exemption are limited to the DJI Phantom 2

Vision + when weighing less than 55 pounds including payload. Proposed operations of any other aircraft will require a new petition or a petition to amend this exemption

.

2. Operations for the purpose of closed

- set motion picture and television filming are not

per mitted.

3. The UA may not be operated at a speed exceeding 87 knots (100 miles per hour). The exemption holder may use either groundspeed or calibrated airspeed to determine compliance with the 87 knot speed restriction. In no case will the UA be operated at airspeeds greater than the maximum UA operating airspeed recommended by the

aircraft manufacturer.

4. The UA must be operated at an altitude of no more than 400 feet above ground level (AGL). Altitude must be reported in feet AGL.

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

- issued airman medical certificate or

U.S. driver’s license.

6. All operations must utilize a visual observer (VO). The UA must be operated within the visual line 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 maint ains VLOS capability. The VO and PIC must be able to communicate verbally at all times ;

e lectronic messaging or texting is not permitted during flight operations. The PIC must be designated before the flight and cannot transfer his or her designation fo r the duration of the flight. The PIC must ensure that the VO can perform the duties required of the VO.

7. This exemption and all documents needed to operate the UAS and conduct its operations in accordance with the conditions and limitations stated in thi s 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

limita tions 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 ope rator 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. The4

operator must also present up dated 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 FA A’s UAS Integration Office (AFS− 80) may be contacted if questions arise regarding updates or revisions to the operating documents.

8. Any UAS that has undergone maintenance or alterations that affect the UAS op eration or flight characteristics, e.g.

, replacement of a flight critical component, must undergo a functional test flight prior to conducting further operations under this exemption. Functional test flights may only be conducted by a PIC with a VO and mu st 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 and property.

9. The operator is responsible for maintaining and inspecting the UAS to ensure that it i s 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 comp onents, items, or equipment. 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.

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

aircraft components.

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

13. Under this grant of exemption, a PIC must hold either an airline transport, commercial, private, recreational, or sport 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 Col u mbia, Puerto Rico, a territory, a possession, or the Federal government. The PIC must also meet the flight revi ew requirements specified in

14 CFR § 61.56 in an aircraft in which the PIC is rated on his or her pilot certificate.

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

main taining appropriate distances from persons, vessels, vehicles and structures. PIC qualification flight hours and currency must be logged in a manner consistent with

14 CFR § 61.51(b). Flights for the purposes of training the operator’s PICs and VOs5

(trai ni ng, 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 operat ions may only be conducted during dedicated training sessions. During

traini ng, proficiency, and experience

- building flights, all persons not essential for flight operations are considered nonparticipants, and the PIC must operate the UA with appropriate distance from nonparticipants in accordance with 14 CFR § 91.119.

15. UAS operations may not be conducted during night, as defined in 14 CFR § 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 in the current FAA Airport/Facility Directory (AFD) or for airports not denoted with an ARP, the center of the airport sy mbo l 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 agreement with the airport management mus t 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 UAS loses communications or loses its GPS sign al, the UA must return to a

pre

- determined location within the pr ivate or controlled

- access property.

19. The PIC must abort the flight in the event of unpredicted obstacles or emergencies.

20. The PIC is prohibi ted from beginning a flight unless (considering wind and forecast weather conditions) there is enough available power for the UA to conduct the intended operation and to operate after that for at least five minutes or with the reserve power recommended by the manufacturer if greater.

21. Air Traffic Organization (ATO) Certificate of Waiver or Authorization (COA). All operations shall be cond ucted in accordance with an ATO

- issued COA. The exemption holder may apply for a new or amended COA if it intends to co nduct operations that cannot be conducted under the terms of the attached COA

.

22. All aircraft operated in accordance with this exemption must be identified by serial number, registered in accordance with 14 CFR part 47, and have identification (N− Number) ma rkings in accordance with 14 CFR part 45, Subpart C. Markings must be as large as practicable.6

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.

24. The UA 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 nonpartici pating 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 ensure that nonparticipating persons r emain 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, VO, operator trainees or essential persons are not considered nonparticipating persons under this exemption.

27. All operations shall be conducted over private or control led

- access property with permission from the property owner/controller or aut horized representative. Permission from property 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 opera tional area as defined by the applicable COA must be reported

to the FA A'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 operations for the purpose of closed

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

29. The operator must have a mot ion picture and television operations manual (MPTOM) as documented in this grant of exemption.7

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 a rea 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 this grant of exemption;

c. Name and phone number of th e person responsible for the on

- scene operation of the UAS;

d. Make, model, and serial or N− Number of UAS to be used;

e. Name and certific ate 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 t o the inspector upon request;

g. Signature of exemption 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

essenti al to accomplish the operation.

31. Flight operations 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.

Unless otherwise specifie d in this grant of exemption, the UAS, the UAS PIC, and the UAS operations must comply with all applicable parts of 14 CFR including, but not limited to,

parts 45, 47, 61, and 91.8

This exemption terminates on September 30, 2017 , unless sooner superseded or rescinded.

Sincerely,

/ s/

John S. Duncan Director, Flight Standards Service

Enclosures1 UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

FEDERAL AVIATION ADMINISTRATION WASHINGTON, DC

Regulatory Docket No. _______________

IN THE MATTER OF THE PETITION FOR EXEMPTION OF:

Steven Roote

FOR AN EXEMPTION SEEKING RELIEF FROM THE REQUIREMENTS OF

TITLE 14 OF THE CODE OF FEDERAL REGULATIONS SECTIONS 61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), AND 91.417(a) & (b) CONCERNING COMMERCIAL OPERATION OF DJI PHANTOM 2 Vision Plus UNMANNED AIRCRAFT

SYSTEM

PURSUANT TO SECTION 333 OF

THE FAA MODERNIZATION AND REFORM ACT OF 2012 (PUBLIC LAW 112

- 95)

Submitted on M ay 26 th , 2015

Steven Roote

840 State Street Boyne City, MI 49712 (231) 218

- 39532 TABLE OF CONTENTS

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

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

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

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

INTRODUCTION AND INTERESTS OF PETITIONER..........

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

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

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

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

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

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

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

THE SPECIFIC SECTIONS OF 14 C.F.R. FROM WHICH STEVEN ROOTE

SEEKS EXEMPTION..................................................................

.................. ............. ... .............................8

THE EXTENT OF RELIEF STEVEN ROOTE SEEKS AND THE REASON

STEVEN ROOTE SEEKS THE RELIEF............

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

THE REASONS WHY GRANTING STEVEN ROOTE REQUEST WOULD BE IN THE PUBLIC INTEREST

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

THE REASONS WHY GRANTING THE EXEMPTION WOULD NOT

ADVERSELY AFFECT SAFETY.......................................................

.................... ............ . ...................16

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

.. ............. ........ ...30

ANY ADDITIONAL INFORMATION, VIEWS, OR ARGUMENTS

AVAILABLE TO SUPPORT STEVEN ROOTE REQUEST..........

............... .... ... .. ........... ............30

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

................................................................................. .......... ............. . ...............31

APPENDICES.............................................................................................................

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

AGL Above Ground Level

AOI Area of Interest

ATC Air Traffic Control

ATO Air Traffic Organization

AV Aerial Vehicle

CFR Code of Federal Regulations

COA Certificate of Authorization

FAA Federal Aviation Administration

FAR Federal Aviation Regulation

GCS Ground Control Station

GPS Global 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) Section 333

SO Safety Observer

SOP Standard Operating Procedures

UA Unmanned Aircraft

UAS Unmanned Aircraft System

VFR Visual Flight Rules

VLOS Visual Line of Site

VMC Visual Meteorological C onditions

VTOL Vertical Takeoff and Landing4 SUMMARY

Steven Roote 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 Steven Roote to operate an Unmanned

Aircraft System (UAS) for the commercial purpose of conducting aerial video a nd photography of

construction sites, real estate, and landscape over certain areas of the United States.

INTRODUCTION AND INTERESTS OF THE PETITIONER

Steven Roote provides his clients with expertise and knowledge in advanced technologies

and solutions to increase efficiency, productivity and effectiveness. Steven Roote has over 1 6 years

of professional experience in Video Production and is recognized as an expert in Corporate Video

Production and video project management. He has over 14 years recreational /hobby experience in

all aspects of aerial video and photography. The objective of Steven Roote’ s aerial video and

p hotography operations is to provide high quality imaging for a variety of commercial, public, and

residential uses, specifically targeting:

• Construction sites before and after

• Appraisals

• Real

- estate marketing

• Motion Picture Filming

• Aerial acquisitions used for inspections of public and private structures.

• Search and Rescue operations

BACKGROUND

Unmanned Aircraft Systems: DJI Phantom 2 Vision Plus UASs

Steven Roote seeks an exemption to operate DJI systems for compensation or hire within

the NAS. The DJI Phantom 2 Vision Plus UASs are vertical takeoff and landing (VTOL)5 Unmanned Aircraft (UA) with a Ground Control Station (GCS) utilizi ng electronic tablet or smart

phone systems. The DJI Phantom 2 Vision Plus has a maximum gross weight of approximately 2

pounds 1 2 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 Vision Plus UAs are equipped

with four main rotors; driven by Lithium Polymer battery powered electric motors.

The DJI Phantom 2 Vision Plus UAs that will be operated by Steven Roote 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

Marking

.

BASIS FOR PETITION

Petitioner, Steven Roote , 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 petitions the Administrator to commercially operate

the DJI Phantom 2 Vision Plus UASs 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, wei ght, size, and limited operating area associated with the

unmanned aircraft and its operation, Steven Roote operation of DJI Phantom 2 Vision Plus UASs

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, Steven Roote 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 require ments for maintenance that only6 apply to aircraft with an airworthiness certificate. Steven Roote submits that the requested relief is

proper since an equivalent level of safety will be ensured. Steven Roote will use experienced

personnel or technicians to perform maintenance, alterations, or preventive maintenance on the

UASs using the methods, techniques, and practices prescribed in the operating documents (i.e.,

Monthly Maintenance Log, and DJI Phantom 2 Vision Plus Instruction Manual). Furthermore,

Steven Roote will document and maintain all maintena nce records for the DJI Phantom 2 Vision

Plus UASs.

Relief from certain requirements of Section 61.113(a) and (b), entitled Private pilot privileges and

limitations: Pilot in command , is requested by Steven Roote to the extent necessary to allow a Pilot in

Command (PIC) not holding a certificate, or an airman medical certificate, and who has

demonstrated, by meeting minimum flight

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

safely operate the DJI Phantom 2 Vis ion Plus UASs in a manner consistent with this exemption,

including evasive and emergency maneuvers and maintaining appropriate distances from people,

vessels, vehicles and structures.

Steven Roote seeks relief from Section 91.7(a), entitled Civil aircraft airworthiness , because the

DJI Phantom 2 Vision Plus UASs do not require an airworthiness certificate in accordance with 14

C.F.R. Part 21, Subpart H. As such, Steven Roote submits that he will ensure that the DJI Phantom

2 Vision Plus UASs are

in an airw orthy condition, prior to every flight, by determining that the UASs are in compliance with

the operating documents (i.e., Monthly Maintenance Log, and DJI Phantom 2 Vision Plus

Instruction Manual), and that the aircraft are in a condition for safe flight.

Steven Roote also seeks an exemption from the requirements of Section 91.121, entitled

Altimeter Settings, as the DJI Phantom 2 Vision Plus UAs will not have a typical barometric altimeter

onboard. However, altitude information of the DJI Phantom 2 Vision Plus UAs will be provided to7 the PIC via Global Positioning System (GPS) equipment and radio communications telemetry data

link, which own links from the UA to the GCS for active monitoring of the flight path. This altitude

information, combined w ith Steven Roote’s operation of the DJI Phantom 2 Vision Plus UASs

within visual line of sight, at or below 4 00 feet AGL, will ensure a level of safety equivalent to

Section 91.121.

Additionally, Steven Roote seeks an exemption from the requirements of Sec tion 91.151(b),

entitled Fuel requirements for flight in VFR conditions

. Steven Roote submits that safety will not be

affected by operation of the DJI Phantom 2 Vision Plus 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 approximately 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.

In accordance with 14 C.F.R. § 1 1.81, Steven Roote 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:

Steven Roote

840 State Street Boyne City, MI 49712

Email: ourgreenhorizons@gmail.com

B. The Specific Sections Of 14 C.F.R. From Which Steven Roote Seeks Exemption.

1. Steven Roote Seeks Exemption From The Requirements Of Section 61.113(a) And (b).

Section 61.113, entitled Private pilot privileges and limitations: Pilot in command

, subsections (a) and

(b) prescribe the following, in relevant part:

(a) No person who holds a private pilot certificate may act as a pilot in command (PIC)

of 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.8 (b) A private pilot may, for compensation or hire, act as PIC of an aircraft in connection with any business or employment if

—

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

2. Steven Roote Seeks Exemption From The Requirements Of Section 91.7(a).

Section 91.7, entitle d Civil aircraft airworthiness, subsection (a), states the following:

(a) No person may operate a civil aircraft unless it is in an airworthy condition.

3. Steven Roote Seeks Exemption From The Requirements Of Section 91.121.

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

(a) 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

—

(1) Below 18,000 feet MSL, to

--

(i) The current reported altimeter setting of a station along the route and within 100 nautical miles of the aircraft; (ii) If there is no station within the area prescribed in paragraph (a)(1)(i) of this section, the current reported altimeter setting of an appropriate available
station; or (iii) 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. Steven Roote Seeks Exemption From The Requirements Of Section 91.151(b).

Section 91.151, entitled Fuel requirements for flight in VFR conditions , subsection (b), states the following:

(b) No person may begin a flight in a rotorcraft under VFR conditions unless (considering wind and forecast weather conditions) there is enough fuel to fly to the first point of intended landing and, assuming normal cruising speed, to fly after that for at least 20 minutes.

5. Steven Roote 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

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

6. Steven Roote Seeks Exemption From The Requirements Of Section 91.407(a)(1)

Section 91.407, entitled Operation after maintenance, preventive maintenance, rebuilding, or alteration

,

subsection (a)(1), states the following:

(a) No person may operate any aircraft that has undergone maintenance, preventive

maintenance, rebuilding, or alteration unless

--

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

7. Steven Roote Seeks Exemption From The Requirements Of Sections 91.409(a)(1) And

91.409(a)(2).

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

(a) Except as provided in par agraph (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 person 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.

8. Steven Roote Seeks Exemption From The Requirements Of Sections 91.417(a) And

91.417(b).

Section 91.417, entitled Ma intenance records, subsections (a) and (b), state the following:

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

(1) Records of the maintenance, preventive maintenance, and alteration and records of the

100

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

—

(i) A description (or reference to data acceptable to the Administrator) of the work performed; and10 (ii) The date of completion of the work performed; and (iii) The signature, an d 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 lif e

- limited parts of each airframe, engine, propeller, rotor, and appliance. (iii) The time since last overhaul of all items installed on the aircraft which are required to be overhauled on a specified time basis. (iv) The current inspection 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. (v) The current status of applicable airworthiness directives (AD) and safety directives including, for each, the method of compliance, the AD or safety directive number and revision date. If the AD or safety directive involves recurring action, the time

and date when the next action is required. (vi) Copies of the forms pre scribed by § 43.9(d) of this chapter for each major alteration to the airframe and currently installed engines, rotors, propellers, and appliances.

(b) The owner or operator shall retain the following records for the periods prescribed:

(1) The records s pecified in paragraph (a)(1) of this section shall be retained until the work is repeated or superseded by other work or for 1 year after the work is performed. (2) The records specified in paragraph (a)(2) of this section shall be retained and

transferre d with the aircraft at the time the aircraft is sold. (3) A list of defects furnished to a registered owner or operator under § 43.11 of this chapter shall be retained until the defects are repaired and the aircraft is approved for

return to service.

C. The Extent Of Relief Steven Roote Seeks And The Reason Steven Roote Seeks The

Relief.

1. Extent Of Relief Steven Roote Seeks And The Reason Steven Roote Seeks Relief From

Section 61.113(a) And (b).

Relief from Section 61.113(a) and (b) entitled Private pilot privileges and limitations: Pilot in

command , is requested to the extent necessary to allow a PIC not holding a ny pilot certificate, or a

current and valid airman medical certificate, but who has met certain flight

- hour and currency

requirements, to conduct the proposed UAS flight operations for compensation or hire.11 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 wit h any business

or employment if:

(1) The flight is only incidental to that business or employment; and (2) The a ircraft does not carry passengers or property for compensation or hire.

As set forth more fully below, Steven Roote submits that an equivalent level of safety will be

maintained because no PIC will be allowed to operate the DJI Phantom 2 Vision Plus UAS unless

that PIC has met certain flight

- hour and currency requirements, demonstrating that the PIC is able

to safely operate the DJI Phantom 2 Vision Plus 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, Steven Roote submits that all flights of the DJI Phantom 2 Vision Plus UASs, conducted

by the PIC pursuant to the grant of this Petition:

(1) will be incidental to Steven Roote 's business; and (2) will not carry passengers or property for compensation or hire.

2. Extent Of Relief Steven Roote Seeks And The Reason Steven Roote 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 Steven Roote to determine that the DJI Phantom 2 Vision Plus UASs are in airworthy

condition prior to every flight by ensuring that the UAS is in compliance with the operating

documents (i.e., the Steven Roote Aerial Operations Manual, Monthly Maintenance Log, and DJI

Phantom 2 Vision Plus Instruction Manual). Steven Roote seeks the requested relief because the

DJI Phantom 2 Vision Plus UASs do not require an airworthiness certificate in accordance with 14

C.F.R. Part 21, Subpart H. Therefore, Steven Roote will ensure that the DJI Phantom 2 Vision Plus12 UASs are in airworthy condition based upon its compliance with the operating documents (i.e.,

Monthly Maintenance Log, and DJI Phantom 2 Vision Plus I nstruction Manual) prior to every

flight, and further, determine that t he aircraft are in condition for safe flight, as stated in the

conditions and limitation s below

.

Extent Of Relief Steven Roote , Seeks From Section 91.121.

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

the DJ I Phantom 2 Vision Plus UASs, 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), Steven Roote seeks the requested relief because the DJI Phantom 2 Vision Plus UA’s

altimeter may be set on the ground to zero feet AGL, rather than the local barometric pressure or

field altitude, before each flight.

Considering the limited altitude of the proposed operations, relief from 14 CFR 91.121 is sought to

the extent necessary to comply with the applicable conditions and limitations stated below. As more

fully set forth herein, an equivalent level of safety will be maintained since the DJI Phantom 2

Vision Plus 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 Steven Roote Seeks And The Reason Steven Roote Seeks Relief From

Section 91.151(b).

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 Vision Plus UAs

during daylight hours in visual meteorological conditions (VMC), under visual flight rules (VFR), for13 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. Steven Roote seeks the requested relief because

without an exemption from Section 91.151(b), the flight time duration of the battery powered DJI

Phantom 2 Vision Plus UAs will severely constrain the practicality of any aerial video or still photo

flight operations that Steven Roote prop oses to conduct pursuant to this Petition. Significantly, as

set forth below, the technical specifications of the DJI Phantom 2 Vision Plus UASs, the DJI

Phantom 2 Vision Plus operating documents, and Steven Roote’s proposed operating limitations,

ensure t hat Steven Roote will safely operate the battery powered DJI Phantom 3 Professional 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 Steven Roote Seeks And The Reason Steven Roote Seeks Relief From

Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a )(2), And 91.417(a) & (b).

Since Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b) only apply to

aircraft with an airworthiness certificate, Steven Roote requests relief from these Sections because

the DJI Phantom 2 Vision Plus UASs do not require airworthiness certificates. As set forth more

fully below, the DJI Phantom 2 Vision Plus UASs meet the conditions of FMRA Section 333 for

operation without an airworthiness certificate. Accordingly, Steven Roote will use trained technic ians

to perform maintenance, alterations, or preventive maintenance on the UASs using the methods,

techniques, and practices prescribed in the UAS operating documents (i.e., the Steven Roote Aerial

Operations Manual, Monthly Maintenance Log, and DJI Phanto m 2 Vision Plus Professional

Instruction Manual). Furthermore, Steven Roote will document and maintain all maintenance

records for the DJI Phantom 2 Vision Plus UASs.14 D. The Reasons Why Granting Steven Roote Request Would Be In The Public Interest;

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

Granting the present Petition will further the public interest by allowing Steven Roote to safely,

efficiently, and economically perform aerial video and photography of construction sites, real estate,

and la ndscape over certain areas of the United States.

Additionally, use of the DJI Phantom 2 Vision Plus UASs will decrease congestion of the NAS,

reduce pollution, and provide significant benefits to the economy. Notably, the benefits of Steven

Roote 's proposed operation of the DJI Phantom 2 Vision Plus UASs will be realized without

implicating any privacy issues.

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

The DJI Phantom 2 Vision Plus 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 Vision Plus UAS would reduce the amount of manned aircraft

in the NAS, reduce noise and air pollution, as well as increase the safety of life and property in the

air and on the ground.

Furthermore, by reducing the number of manned aircraft operating in the NAS, congestion around

airports caused by arriving and departing aircraft will be reduced. The DJI Phantom 2 Vision Plus

UAs do not require an airport to takeoff or land. Likewise, a reduction of manned aircraft

conducting aerial video and photography missions would resu lt in fewer aircraft that must be

handled by air traffic control during the ground, takeoff, departure, arrival, and landing phases of

flight operations.

2. The Public Will Benefit From The Safety And Efficiency Of The DJI Phantom 2 Vision

Plus UASs.15 Conducting aerial acquisitions with the DJI Phantom 2 Vision Plus UASs, instead of manned

aircraft, will greatly benefit the public by drastically reducing the levels of air and noise pollution

generated during traditional aerial video and still photograph y flight operations. By using battery

power and electric motors, the DJI Phantom 2 Vision Plus UASs produce no air pollution, and is

the most viable environmentally conscious alternative to the cabin class, six cylinder internal

combustion engine aircraft that are typically utilized for aerial video and photography, while burning

approximately 20

- 30 gallons per hour of leaded aviation fuel. The DJI Phantom 2 Vision Plus UAs,

while reducing the carbon footprint of aerial acquisitions, also eliminates noise p ollution, as the UAs

are propelled by battery powered electric motors, rather than an internal combustion engine. By

using the DJI Phantom 2 Vision Plus UASs 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

airc raft flight operations, will be substantially reduced or completely eliminated. Aside from the lack

of flight crew members located onboard the aircraft, the DJI Phantom 2 Vision Plus UAs (weig hing

approximately 2 pounds 1 2 ounces, at their maximum gross weights with lengths and widths of 16

inches , and with no fuel on board), has less physical potential for collateral damage to life and

property on the ground, and in the air, compared to the ma nned 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).

3. Performing Aerial Video and Photography Operations With The DJI Phantom 2 Vision

Plus UASs Will Benefit The Economy.

In addition to being safe and efficient, the DJI Phantom 2 Vision Plus UASs are also an economical

alternative to using manned aircraft to conduct similar aerial operations. As such, operation of the

DJI Phantom 2 Vision Plus UASs will allow United States based companies, like Steven Roote , to

remain competitive and contribute to growth of the U.S. economy. Specifically, with the rising cost16 of aviation fuel and the Environmental Protection Agency (“EPA”) regulatory actions phasing out

leaded aviation fuels, U.S. owned and operated companies must adopt new and alternative

technology in order to remain competitive. Operating the battery powered DJI Phantom 2 Vision

Plus UASs is one such technology that not only allows companies greater operational flexibility

compared to manned aircraft, but provides such flexibility without the high operational cost of a

traditional manned aircraft.

By operating the DJI Phantom 2 V ision Plus UASs, companies such as Steven Roote , 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 performanc e of

U.S. companies, through commercial use of the DJI Phantom 2 Vision Plus UASs, provides a stable

workforce that increases consumer spending; improves local, state, and federal tax revenues; and

allows companies to invest in research and development in order to remain competitive both in the

United States and abroad.

4. There Are No Privacy Issues.

Similar to the manned aerial acquisition flight operations that have been conducted for decades,

Steven Roote 's proposed operation of the DJI Phantom 2 Vision Plus UASs will not implicate any

privacy issues. Specifically, the DJI Phantom 2 Vision Plus UASs will be operated only in

compliance with operating documents (i.e., the Steven Roote Aerial Operations Manual, Monthly

Maintenance Log, and DJI Phant om 2 Vision Plus 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 Safety, Or How

The Exemption Would Provide A Level Of Safety At Least Equal To That Provided By The

Rule From Which Steven Roote Seeks Exemption.17 1. Reasons Why The DJI Phantom 3 Professional UAs Meet 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 associated with the unmanned

aircraft and its operation, Steven Roote operation of the DJI P hantom 2 Vision Plus UASs 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 a nd 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:

(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 certain unmanned aircraft systems may operate safely in the national a irspace 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

Secret ary shall determine, at a minimum

—

(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 States 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 nationa l airspace system, the Secretary shall establish requirements for the safe operation of such aircraft systems in the national airspace system.

In seeking this exemption, Steven Roote submits that the DJI Phantom 2 Vision Plus UASs can

operate safely in the NAS pursuant to FMRA Section 333, as demonstrated by: (a) the characteristics

of the DJI Phantom 2 Vision Plus UASs; (b) the pilot certification requirement; and (c) the specific

operating limitations.18 a. The Specifications Of The DJI Phantom 3 Profess ional UASs Demonstrate Its Safe

Characteristics.

The DJI Phantom 2 Vision Plus UASs do not create a hazard to users of the NAS or the public, or

otherwise pose a threat to national security considering its size, weight, speed, and operational

capability.

i . Technical Specifications Of The DJI Phantom 2 Vision Plus UASs.

The technical specifications of the DJI Phantom 2 Vision Plus UASs are set forth by the DJI

Phantom 2 Vision Plus Specifications, attached hereto as Exhibit A.

ii. The DJI Phantom 2 Vision Plus UASs Autonomous Flight And Navigation Modes

Enable The UASs To Remain Within A Defined Operational Area.

The DJI Phantom 2 Vision Plus U ASs may be operated in both manual and fully autonomous flight

modes. A complete description of the flight and navigational modes of the DJI Phantom 2 Vision

Plus UASs is provided at pages 39

- 47 of the DJI Phantom 2 Vision Plus User Manual, attached

hereto as Exhibit B.

iii. The DJI Phantom 3 Professional UASs 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 Vision Plus UAs will remain stationary, in flight,

for 3 seconds or more. If, after 3 seconds, the DJI Phantom 2 Vision Plus UAs do not reacquire

control link data from the GCS, the UAs will assume that the Control Link is lost and the UAs will

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

and shutdown.

A complete description of the Failsafe Fun ctions of the DJI Phantom 2 Vision Plus U AS are set

forth at page 27 of the DJI Phantom 2 Vision Plus User Manual, attached hereto as Exhibit B

.

iv. The DJI Phantom 2 Vision Plus GCS And Its Operation.19 A complete description of the operation and specifications of the DJI Phantom 2 Vision Plus GCS

and flight control software is provided at pages 3 2 through 39 of the DJI Phantom 2 Vision Plus

User Manual

.

DJI Phantom 2 Vision Plus User Manual is attached hereto as Exhibit B

.

b. Flight Operations Of DJI Phantom 2 Vision Plus UASs Are Limited To The Line Of Sight

Of A Pilot in Command With A Safety Observer.

Steven Roote will only utilize pilots who have at least 20 hours flight time to act as a pilot in

command (PIC) of the DJI Phantom 2 Vision Plus UASs. Additionally, a safety observer will assist

all pilots during flight time.

c. Flights Of DJI Phantom 2 Vision Plus U ASs Will Be Conducted Pursuant To Specific

Operating Limitations.

In seeking this exemption, Steven Roote proposes to commercially operate DJI Phantom 2 Vision

Plus UASs 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 UASs weighing less than 55 pounds maximum gross weight: DJI Phantom 3 Professional Unmanned Aircraft Systems. Proposed operations of any other aircraft will require a new petition or a petition to amend this grant.

2. UAS operations under this exemption will be limited to conducting operations for the purpose of aerial video and photography.

3

. The UAs may not be flown at an indicated airspeed exceeding 20 knots.

4. The UA must be operated at an altitude of no more than 4 00 feet above ground level (AGL), as indicated by the procedures specified in the operating documents unless a special req uest is made and approved by ATC. All altitudes reported to ATC

must be in feet AGL.

5. The UAs must be operated within visual line of sight (VLOS) of the PIC at all times. This requires the PIC to be able to use human vision unaided by any device

other than corrective lenses, as specified on the PIC’s FAA

- issued airman medical

certificate.20 6. The use of first person view (FPV) by the PIC or safety observer (SO) is not permitted.

7. All operations must utilize a safety observer (SO). The SO may be used to satisfy the VLOS requirement as long as the PIC always maintains VLOS capability. The SO and PIC must be able to communicate verbally at all times. Electronic messaging or texting is not permitted during flight operations. The PIC must be designate d 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 operatio ns 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 operating documents, the conditions

and limitations contained in the grant of exemption take precedence and must be followed. Otherwise, the operator must follow the procedures as outlined in its operating documents. The operator may update or revise its operating documents. It is the operator’s responsibility to track such revisions and present updated and revised documents to the Administrator upon request. The operator must also present updated and revised documents if it petitions for extension or amendment to the grant of exemption. If the operator determines that a ny 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 contacted if questions arise regarding updates or revisions to the operating documents.

10. Prior to each flight the PIC must inspect the UAS to ensure that it is in a condition for safe flight. If the inspection reveals a condition that affects the safe operation of the UAS, the aircraft is prohibit ed 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 docume nted 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 test flight. The PIC who conducts the functional test flight must make an entry in the aircraft records.

12. The pre

- flight inspection must account for all potential discrepancies, e.g. inoperable components, items, or equipment, not already covered in the relevant sections of the operating documents.21 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 record keeping

r equirements, 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

a ccomplished, and the signature of the authorized person returning the UAS to

service.

15. Each UASs operated under this exemption must comply with all manufacturer Safety

Bulletins.

16. The authorized person must make an entry in the aircraft record of the corrective action taken against discrepancies discovered between inspections.

17. The PIC must have completed at least 25 hours of flight time

.

18. The operator may not permit any PIC to operate unless the PIC meets the operator’s qualification criteria and demon strates the ability to safely operate the UAS in a manner consistent with how the UAS will be operated under the exemption, including evasive and emergency maneuvers and maintaining appropriate distances from persons, vessels, vehicles and structures. PIC qualification flight hours must be logged in a 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 d edicated training sessions. During training, proficiency, and experience

- building flights, all persons not essential for flight operations are considered nonparticipants, and the PIC must operate the UA with appropriate distance from nonparticipants in acc ordance with 14 C.F.R. § 91.119.

19. 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). If flight at night is required, a special request will be made at the FAA office closest to proposed area of operations. Flights under special visual flight rules (SVFR) are not

authorized.

20. The UA may not operate within 2 nautical miles of an airport reference point as

denoted on a current FAA

- published ae ronautical chart unless a letter of agreement with that airport’s management is obtained, and the operation is conducted in accordance with a NOTAM as required by the operator’s COA. The letter of agreement with the airport management must be made availabl e to the Administrator

upon request.

21. The UA may not be operated less than 4 00 feet below or less than 2,000 feet horizontally from a cloud or when visibility is less than 3 statute miles from the PIC.22 22. If the UA loses communications or loses its GPS signal, it must return to a predetermined 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 accor dance with the operating documents.

24. The PIC is prohibited from beginning a flight unless (considering wind and forecast weather conditions) there is enough power to fly at normal cruising speed to the intended landing point and land the UA with 25% b attery power remaining.

25. The operator must obtain an Air Traffic Organization (ATO) issued Certificate of Waiver or Authorization (COA) prior to conducting any operations under the grant of exemption. This COA will also require the operator to request a Notice to Airman (NOTAM) not more than 72 hours in advance, but not less than 48 hours prior to the operation. All operations shall be conducted in accordance with airspace requirements in the ATO issued COA including class of airspace, altitude level a nd potential transponder requirements.

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

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

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

28. The documents required fewer than 14 C.F.R. 91.9 and 91.203 must be available to the PIC at the Ground Control Station of the UAS any time the UAS is operating.

These documents must be made available to the Administrator or any law enforcement official upon request.

29. The UA must remain clear and yield the right of way to all manned aviation operations and activities at all times.

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

31. Flight operations must be conducted at least 5 00 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 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 and/or;23 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 undue hazard, and;

c. Operations nearer to the PIC, SO, operator trainees or essential persons do not present an undue hazard to those persons per § 91.119(a).

32. All operations shall be conducted over private or controlled

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

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

- 80) within 24 hours. Accidents must be reported to the National Transportation Safety Board (NTSB) per

instructions contained on the NTSB Web site: www.ntsb.gov

.

2. Reasons Why An Exemption From The Requirements Of Section 61.113(a) And (b) Would

Not Adversely Affect Safety.

Steven Roote submits that the equivalent level of safety established by Section 61.113(a) and (b) will

be maintained because no PIC will be allowed to operate the DJI Phantom 2 Vision Plus UASs

unless that PIC has demonstrated, by meeting minimum flight

- hour and currency requirements, that

the PIC is able to safely operate the DJI Phantom 2 Vision Plus UAS in a manner consistent with

the exemption, including evasive and emergency maneuvers and maintaining appropriat e distances

from people, vessels, vehicles and structures. Considering Steven Roote 's proposed area of

operations, and the operating limitations set forth

- above; the parallel nature of aeronautical

knowledge requirements to those of commercial pilot requir ements (See Exemption No. 11062);

and the airmanship skills necessary to safely operate the DJI Phantom 2 Vision Plus

, Steven Roote

submits that the additional manned airmanship experience of a commercially certificated pilot would

not correlate to the airmanship skills necessary for Steven Roote 's specific proposed flight

operations.24 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 (e.g. Ex emption Nos. 11062,

11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110, 11112, 11136, 11138, 11150, 11153,

11156, 11158, 11159, 11160, 11161).

Steven Roote will not allow any PIC to operate the DJI Phantom 2 Vision Plus UAS unless that PIC

has demonstr ated, by meeting minimum flight

- hour requirements or the DJI Phantom 2 Vision Plus

UAS training and currency requirements, that the PIC is able to safely operate the DJI Phantom 2

Vision Plus UAS in a manner consistent with this exemption, including evasiv e 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), 2 5 hours of total time as a UAS rotorcr aft 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 takeoffs and landings

in the preceding 90 days (for currency purposes).

As in Exemption Nos. 11062, 11138, and 11153, prior documented flight experience that was

obtained in compliance with applicable regulations will ensure an equivalent level of safety during

Steven Roote 's proposed operations. The Administrator has held that prior documented flight

experience that was obtained in compliance with applicable regulations would ensure safe

operations, stating as follows:

In Exemption No. 11062, the FAA required that prior to conducting operations for the purpose of

motion picture filming (or similar operations), the PIC must have accumulated and logged, in a

manner consistent with 14 CFR 61.51(b), 25 hours of total time as a UAS rotorcraft pilot including

at least 10 hours logged as a UA S pilot with a multi

- rotor UAS. Prior to operations under25 Exemption No. 11062, the PIC must also have accumulated and logged a minimum of 5 hours as a

UAS pilot operating the same make and model of UAS to be used for operations under the

exemption. For cla rification, the FAA considers these minimum hour requirements to be inclusive

rather than additive; i.e. 5 hours make and model time may be included in the 10 hours of multi

rotor time and the 10 hours may be included in the total 25 hours of UAS rotorcraf t time. In

addition to the hour requirements, the PIC must accomplish 3 takeoffs and landings in the

preceding 90 days (for currency purposes). The FAA finds that at a minimum, the flight

- hour

requirements in Exemption No. 11062 are appropriate to practice and build proficiency in the

skills necessary to safely conduct the petitioner’s proposed operations. The FAA also finds that prior

documented flight experience that was obtained in compliance with applicable regulations would

satisfy this requirement. Tr aining, proficiency, and experience

- building flights can also be conducted

under the grant of exemption to accomplish the required flight time. During training, proficiency,

and experience

- building flights the PIC is required to operate the UA with appropr iate distances in

accordance with 14 C.F.R 91.119. Exemption No. 11138 at page 15.

Accordingly, Steven Roote will ensure safe operations by not allowing any PIC to operate the DJI

Phantom 2 Vision Plus UAS unless that PIC has demonstrated, by meeting minimum flight

- hour

and currency requirements, that the PIC is able to safely operate the DJI Phantom 2 Vision Plus

UAS in a manner consistent with the exemption, including evasive and emergency maneuvers and

maintaining appropriate distances from people, vessels, vehicles and structures.

3. Reasons Why An Exemption From The Requirements Of Section 91.7(a) Would Not

Adversely Affect Safety.

The equivalent level of safety established by Section 91.7(a) will be maintained because prior to

every flight, Steven Roote will ensure that the DJI Phantom 2 Vision Plus UAS is in an airworthy

condition based upon the UAS’s compliance with its operating documents and as stated in the26 conditions and limitations herein. Additionally, the FAA has previously granted relief from Section

91.7(a) specific to UAS, in circumstances similar, in all material respects, to those presented herein

(e.g. Exemption Nos. 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110, 11112,

11136, 11138, 11150, 11153, 11156, 11157, 11158, 11159, 11160, 11161).

4. Reasons Why An Exemption From The Requirements Of Section 91.121 Would Not

Adversely Affect Safety.

The equivalent level of safety established by Section 91.121 will be maintained because the altitude

information of the DJI Phantom 3 Professional UAs will be provided to the PIC via GPS

equipment and a radio communications telemetry data link, which downlinks from the UA to the

GCS for active monitoring of the flight path and altitude. This altitude information, combined with

Steven Roote 's operation of the DJI Phantom 2 Vision Plus UAs within visual line of sight, at or

below 4 00 feet AGL, will ensure a level of safety equivalent to Section 91.121. The altitude

information will be generated by GPS equipment installed onboard the aircraft. Prior to each flight,

a zero altitude initiation point is automatically established by the UASs at ground level.

The FAA has previously granted relief from Section 91.121 specific to UAS, in circumstances

similar, in all material respects, to tho se presented herein (e.g. Exemption Nos. 11062, 11063, 11064,

11065, 11066, 11067, 11080, 11109, 11112, 11136, 11138, 11150, 11153, 11156, 11157, 11158,

11159, 11160, 11161).

5. Reasons Why An Exemption From The Requirements Of Section 91.151(b) Would Not

Adversely Affect Safety.

A grant of this exemption would ensure an equivalent level of safety established by 14 C.F.R.

Section 91.151(b) as a result of (1) the technical specifications of the DJI Phantom 2 Vision

Plus UASs; (2) the limitations on the propos ed flight operations; and (3) the location of the proposed

flight operations. Accordingly, Steven Roote will ensure that it will safely operate the battery27 powered DJI Phantom 2 Vision Plus UAs during daylight hours in VFR conditions, with enough

battery power to fly for a total duration of 13.5 minutes to the first point of intended landing and,

assuming normal cruising speed, to fly after that for at least 4.5 minutes.

Here, as in Exemption No. 11109, the technical specifications of the DJI Phantom 2 Vis ion Plus

UASs; the limitations on the proposed flight operations; and the location of the proposed

operations, will ensure an equivalent level of safety established by 14 C.F.R. Section 91.151(b).

Furthermore, safety will be ensured as the DJI Phantom 2 Vi sion Plus UASs provide audible and

visual warnings to the PIC at the GCS when the UAs experiences low battery voltage, the first

warning occurring at approximately 33% remaining battery power, and again at approximately 10%

remaining battery power. At the critically low battery level, the DJI Phantom 3 Professional UASs

will descend and land automatically.

Significantly, previous exemptions granted by the FAA concerning Section 91.151 establish that

safety is not adversely affected when the technical charac teristics and operating limitations of the

UAS are considered. Relief has been granted for manned aircraft to operate at less than the

minimums prescribed in Section 91.151, including Exemption Nos. 2689, 5745, and 10650.

Moreover, the FAA has previously g ranted relief from Section 91.151 specific to UAS, in

circumstances similar, in all material respects, to those presented herein (e.g. Exemption Nos. 8811,

10808, 10673, 11042, 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110, 11136,

11138, 11150, 11153, 11156, 11157, 11158, 11159, 11160, 11161).

6. Reasons Why An Exemption From The Requirements Of Sections 91.405(a), 91.407(a)(1),

91.409(a)(1) & (a)(2), And 91.417(a) & (b) Would Not Adversely Affect Safety.

In seeking this exemption, Steven Roote submits that the equivalent level of safety with regard to

the regulatory maintenance and alteration requirements established by Sections 91.405(a),

91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b) will be met because Steven Roote will use28 tr ained technicians to perform maintenance, alterations, or preventive maintenance on the UASs

using the methods, techniques, and practices prescribed in the operating documents (i.e., the Steven

Roote Aerial Operations Manual, Monthly Maintenance Log, and D JI Phantom 2 Vision Plus

Instruction Manual). Furthermore, Steven Roote will document and maintain all maintenance

records for the DJI Phantom 2 Vision Plus UASs.

Since the DJI Phantom 2 Vision Plus U ASs will be inspected as prescribed by the operating

documents, Steven Roote will maintain the equivalent level of safety established by Sections

91.405(a), 91.409(a)(1), and 91.409(a)(2). A copy of the DJI Phantom 2 Vision Plus User Manual is

attached hereto as Exhibit B ; a copy of the DJI Phantom 2 Vision Plus UAS Maintenance LOG is

attached hereto as Exhibit C

.

Likewise, the exemption sought will not adversely affect safety because Steven Roote will use trained

technicians to perform maintenance, alterations or p reventive maintenance on the UAS u sing the

methods, techniques, and practices prescribed by the operating documents.

Furthermore, the exemption sought would maintain an equivalent level of safety established by

Sections 91.407, 91.417(a) and 91.417(b), because all maintenance of the DJI Ph antom 2 Vision Plus

UASs will be performed by trained technicians. Maintenance will be documented and maintained

utilizing the monthly maintenance log.

Significantly, previous exemptions granted by the FAA concerning Sections 91.405(a), 91.407(a)(1),

91.409(a)(1) & (a)(2), and 91.417(a) & (b) establish that safety is not adversely affected when the

technical characteristics and operating limitations of the UAS are considered.

In consideration of Steven Roote 's proposed operating limitations, the operat ing documents, and the

technical aspects of the DJI Phantom 3 Professional UASs, Steven Roote submits that safety will

not be adversely affected by granting exemption from 14 C.F.R. Sections 91.405(a), 91.407(a)(1) and29 (a)(2), 91.409(a)(2), and 91.417(a) a nd (b). The FAA has previously granted relief specific to UAS in

circumstances similar, in all material respects, to those presented herein (e.g. Exemption Nos. 11062,

11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110, 11112, 11136, 11138, 11150, 1115 3,

11156, 11157, 11158, 11159, 11160, 11161).

7. The FAA May Prescribe Any Other Conditions For Safe Operation.

In accordance with Section 333 of the FAA Modernization and Reform Act of 2012 (FMRA) and 14

C.F.R. § 21.16 entitled Special Conditions, Steven Roote requests that the FAA prescribe special

conditions for the intended operation of the DJI Phantom 2 Vision Plus UASs, which contain such

safety standards that the Administrator finds necessary to establish a level of safety equivalent to that

established by 14 C.F.R. Part 21, Subpart H, and 14 C.F.R §§ 61.113(a) & (b), 91.7 (a), 91.121,

91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b). Such special conditions

will permit safe operation of the UAs for the limited pu rpose of conducting aerial video and

photography over certain areas of the United States for compensation or hire. FMRA Section 333

sets forth the requirements for considering whether a UAS will create a hazard to users of the NAS

or the public, or otherwi se pose a threat to national security; and further, provides the authority for

such UAS to operate without airworthiness certification in accordance with any requirements that

must be established for the safe operation of the UAS in the NAS.

Likewise, the Administrator may prescribe special conditions pursuant to 14 C.F.R. § 21.16, for

operation of the DJI Phantom 2 Vision Plus UASs, since the airworthiness regulations of 14 C.F.R.

Part 21 do not contain adequate or appropriate safety standards, due to the novel or unusual design

features of the aircraft. Section 21.16, entitled Special Conditions, states the following:

If the FAA finds that the airworthiness regulations of this subchapter do not contain adequate or

appropriate safety standards for an aircra ft, aircraft engine, or propeller because of a novel or30 unusual design feature of the aircraft, aircraft engine or propeller, he prescribes special conditions

and amendments thereto for the product.

The special conditions are issued in accordance with Part 11 of this chapter and contain such safety

standards for the aircraft, aircraft engine or propeller as the FAA finds necessary to establish a level

of safety equivalent to that established in the regulations. See 14 C.F.R. § 21.16.

Therefore, in accordanc e with FMRA Section 333 and 14 C.F.R. § 21.16, the FAA may prescribe

special conditions for Steven Roote ’s intended operation of the DJI Phantom 2 Vision Plus UASs,

which contain such safety standards that the Administrator finds necessary to establish a level of

safety equivalent to that established by 14 C.F.R. Part 21, Subpart H, and 14 C.F.R Sections

61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and

91.417(a) & (b).

F. A Summary That Can Be Published In Th e Federal Register, stating: The Rules From

Which Steven Roote Seeks Exemption:

Steven Roote seeks exemption from the requirements of 14 C.F.R Sections 61.113(a)&(b), 91.7(a), 91.121,

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

A Brief Description Of The Nature Of The Exemption Steven Roote Seeks:

This exemption will permit Steven Roote to commercially operate an Unmanned Aircraft System (UAS) for the

purpose of conducting aerial video and photography over certain areas o f the United States.

G. Any Additional Information, Views, Or Arguments Available To Support Steven Roote 's

Request.

This Petition is made pursuant to the FAA Modernization and Reform Act of 2012 (FMRA) Section

333, which directs the Secretary of Transportation to determine if certain UAS may operate safely in

the NAS. As such, Steven Roote 's request for exemption may be granted pursuant to the authority

of FMRA Section 333 and 14 C.F.R. Part 11, as set forth above.31 FMRA Section 333 sets forth the requirements for considering whether a UAS will create a hazard

to users of the NAS or the public, or otherwise pose a threat to national security; and further,

provides the authority for such UAS to operate without airworthiness certification.

As discusse d in detail above, Steven Roote will operate the DJI Phantom 2 Vision Plus UASs safely

in the NAS, without creating a hazard to users of the NAS, or the public, or otherwise pose a threat

to national security.

CONCLUSION

As set forth herein, Steven Roote s eeks 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 Vision Plus UASs commercially, without an airworthine ss certificate, for the

limited p urpose of conducting aerial video and photography over certain areas of the United States.

By granting this Petition, the FAA Administrator will be fulfilling the Congressional mandate of the

FAA Modernization and Reform Act of 2012, while also ad vancing the interests of the public, by

allowing Steven Roote to safely, efficiently, and economically operate the DJI Phantom 2 Vision

Plus UASs commercially within the NAS.

WHEREFORE , in accordance with the Federal Aviation Regulations and the FAA Modern ization

and Reform Act of 2012, Section 333, Steven Roote respectfully requests that the Administrator

grant this Petition for an exemption from the requirements of 14 C.F.R Sections 61.113(a) & (b),

91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b), and

permit Steven Roote to operate the DJI Phantom 2 Vision Plus U ASs commercially for the purpose

of c onducting aerial video and photography over certain areas of the United States.

Dated: May 26 , 2015 Respe ctfully submitted,

Steven Roote

840 State Street Boyne City, MI 49712

Email: ourgreenhorizons@gmail.com32 Appendices:

A

– DJI Phantom 2 Vision Plus Specifications Data Sheet

B

– DJI Phantom 2 Vision Plus Manufacturer’s User Manual Link

C

– Monthly Maintenance Log33 APPENDIX

– A

DJI Phantom 2 Vision Plus TECHNICAL SPECIFICATIONS

Steven Roote only utilizes safe and reliable UASs. DJI is an industry leader in small UAS production. DJI UASs are loaded with ground breaking software enabling the user to set parameters which will not allow flight into controlled airspace. Parameters can also be set to limit flight to no higher than a predetermined and set altitude as well as limit flight to a predetermined and set distance. In addition, DJI software provides real

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

1.1 DJI Phantom 2 Vision Plus

1.1.1 Aircraft 1.1.1.1 Supported Battery

– DJI 4480 mAH LiPo Battery 1.1.1.2 Weight (Battery & Propellers Included)

– 2lbs 1 2 oz 12 80 g 1.1.1.3 Hover Accuracy (Ready to Fly)

– Vertical: 0

. 1 m; Horizontal: 1 m 1.1.1.4 Max Flight time

- Approximately 23 minutes 1.1.1.5 Max Tilt Angel

- 35 0

1.1.1.6 Max Ascent Speed

– 5 m/s 1.1.1.7 Max Descent Speed

– 3 m/s 1.1.1.8 Max Flight Speed

– 1 6 m/s (NOT RECOMMENDED) 1.1.1.9 Operating Temperature

- 0oC

- 40oC 1.1.1.10 Max Flight Altitude

- 6000m

1.1.1.11 GPS Mode

- GPS/GLONASS

1.1.2 Gimbal

1.1.2. 1 Controllable Range

– Pitch :

- 90 0 +30 0

1.1.3 Camera

1.1.3.1 Sensor

- Sony EXMOR 1/2.3"

1.1.3.2 Lens

- FOV 94o 20mm (35mm format equivalent) f/2.8

1.1.3.3 Effective Pixels

– 1 2.4 M

1.1.3.4 Resolution

– 4384x3288 4.1.3.5 HD Video Recording

– 4K, 1080p & 720p

4.1.3.6 Image Max Size

- 4000 x 3000

1.1.4 Remote Controller 1.1.4.1 Operating Frequency

– 2.400 GHz

– 2.483 GHz 1.1.4.2 Communication Distance (unobstructed)

- 2000 m 1.1.4.3 Battery

- 6000 mAh LiPo 2s

1.1.4.4 Transmitter Power

– FCC: 2 0 dbm CE: 16 dbm 1.1.4.5 Working Voltage

– 1.2 A @7.4 V

APPENDIX

– B

DJI Phantom 2 Vision Plus Manuf acturer’s User Manual is too large to submit, however a link to

this information is: http://download.dji

innovations.com/downloads/phantom_2/en/PHANTOM2_User_Manual_v1.4_en.pdf34 APPENDIX

– C

Maintenance Log: Date:___________________

UAS # Date Issue

Discovered Date Issue

Addressed Issue Description Peron Competed