### 1 UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

FEDERAL AVIATION ADMINISTRATION

WASHINGTON, DC

IN THE MATTER OF THE PETITION FOR EXEMPTION OF:

iWerx Advertising, Inc.

FOR AN EXEMPTION SEEKING RELIEF FROM THE R EQUIREMENTS 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 AND DJI Phantom 3 UNMANNED AIRCRAFT SYSTEMS PURSUANT TO SECTION 333 OF THE FAA MODERNIZATION AND REFORM ACT OF 2012
(PUBLIC LAW 112

- 95)

Submitted on June 14 , 2015

iWerx Advertising, Inc Attn. Steven Edwards 101 South Main 

### Minot, North Dakota 58701 701

- 400

- 8287

steve @ iwerxadvertising .com

### 2 TABLE OF CONTENTS

Page

GLOSSARY OF ABBREVIATIONS



### ................................ ................................ ................... ...... 3

SUMMARY



### ................................ ................................ ................................ ............................ ... 4

INTRODUCTION AND INTERESTS OF PETITIONER



### ................................ .................... ....... 4

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

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

BASIS FOR PETITION......

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

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

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

THE SPECIFIC SECTIONS OF 14 C.F.R. FR OM WHICH IWERX ADVERTISING, INC

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

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

THE EXTENT OF RELIEF IWERX ADVERTISING, INC

. SEEKS AND THE REASON IWERX ADVERTISING, INC SEEKS THE RELIEF

........... ...................................................... .... ...................................... ..........1 0

THE REASONS WHY GRANTING IWERX ADVERTISING, INC

. ’S REQUEST

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

.......... .. ..1 3

THE REASONS WHY GRANTING THE EXEMPTION WOULD NOT ADVERSELY AFFECT SAFETY..............................................................................................

. ........16

SUMMARY THAT CAN BE PUBLISHED IN THE FEDERAL REGISTER.................3 0

ANY ADD ITIONAL INFORMATION, VIEWS, OR ARGUMENTS AVAILABLE TO

SUPPORT IWERX ADVERTISING 'S

REQUEST...

..................................................... ......3 0

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

........ ...... .. . ......... 3 1

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

............... .........................3 2

### 3 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 Con trol 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 Conditions

VTOL Vertical Takeoff and Landing

### 4 SUMMARY

IWERX ADVERTISING, INC seeks exemption from the requi rements 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 IWERX ADVERTISING, INC

. to operate an Unmanned Aircraft System (UAS) for the commercial purpose of conducting aerial video and photography of real estate, and landscape over certain areas of the United States.

INTRODUCTION AND INTERESTS OF THE PETITIONER

IWERX ADVERTISING, INC

. provides his clients with photography and video services of properties and buildings for the purpose of advertising and promotion. The objective of IWERX ADVERTISING, INC

. and his aerial operations is to provide high quality imaging for a variety of commercial, public, and residential uses, specifically targeting:

• Residential Construction

• Real

- estate marketing



### • Resort property marketing

BACKGROUND

Unmanned Aircraft Systems: DJI Phantom 2, DJI Phanto m 3 UASs

IWERX ADVERTISING, INC

. seeks an exemption to operate DJI systems for compensation or hire within the NAS. The DJI Phantom 2 and DJI Phantom 3 are vertical takeoff and landing (VTOL) Unmanned Aircraft (UA) with a Ground Control Station (GCS) util izing electronic tablet or smart phone systems. The DJI Phantom 2 has a maximum gross weight of approximately 2 pounds 11 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 3 has a maximum gross weight of 6 pounds 7.5 ounces, a length of 17.3 inches, width of 17.7 inches, height of 11.8 inches, and a maximum speed of approximately 42 knots. The DJI Phantom 2 and DJI Phantom 3UAs are equipped with four main rotors; driven by Lithium Polymer battery powered electric motors.

### 5 BASIS FOR PETITION

Petitioner, IWERX ADVERTISING, INC

. , pursuant to the provisions of the Federal Aviation Regulations (14 C.F.R. § 11.61) and the FAA Modernization and Reform Act of 2012 (FM RA), Section 333, Special Rules for Certain Unmanned Aircraft Systems

, hereby petitions the Administrator to commercially operate the DJI Phantom 2 and DJI Phantom 3 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, weight, size, and limited operating area associated with the unmanned aircraft and its operation, IWERX ADVERTISING, INC

. operation of DJI Phantom 2 and DJI Phantom 3 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
ADVERTISING

. Accordingly, IWERX A DVERTISING, INC

. requests relief from Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b), as these sections set forth requirements for maintenance that only apply to aircraft with an airworthiness certificate.
IWERX ADVERTISING, INC

. submits that the requested relief is proper since an equivalent level of safety will be ensured. IWERX ADVERTISING, INC

. 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 and DJI Phantom 3 Instruction Manual). Furthermore, IWERX ADVERTISING, INC

. will document and maintain all maintenance records for t he DJI Phantom 2 and DJI Phantom 3 UASs.

Relief from certain requirements of Section 61.113(a) and (b), entitled Private pilot privileges and limitations: Pilot in command , is requested by IWERX ADVERTISING, INC

. to the extent necessary to allow a Pilot in Command (PIC) holding a private pilot or higher level certificate, as well as an airman medical certificate, and who has demonstrated, by meeting minimum flight

- hour and currency requirements, that the PIC is able to safely operate the DJI Phantom 2 an d DJI Phantom 3 UASs in a manner consistent with this exemption, including evasive and emergency maneuvers and maintaining appropriate distances from people, vessels, vehicles and structures.

### 6 IWERX ADVERTISING, INC

. seeks relief from Section 91.7(a), enti tled Civil aircraft
airworthiness , because the DJI Phantom 2 and DJI Phantom 3 UASs do not require an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart ADVERTISING . As such, IWERX ADVERTISING, INC

. submits that he will ensure
that the DJI Phantom 2 and DJI Phantom 3UASs are in an airworthy 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 and DJI Phantom 3 Instruction Manual), and that the aircraft are in a condition for safe flight. He will utilize the preflight instructions provided by DJI to ensure airworthiness checks prior to each flight.
IWERX ADVERTISING, INC

. also seeks an exemption from the requirements of Section 91.1 21, entitled Altimeter Settings , as the DJI Phantom 2 and DJI Phantom 3 UAs will not have a typical barometric altimeter onboard. However, altitude information of the DJI Phantom 2 and DJI Phantom 3UAs will be provided to the PIC via Global Positioning Sys tem (GPS) equipment and radio communications telemetry data link, which downlinks from the UA to the GCS for active monitoring of the flight path. This altitude information, combined with IWERX ADVERTISING, INC

. ’s operation of the DJI Phantom 2 and DJI Pha ntom 3 UASs within visual line of sight, at or below 500 feet AGL, will ensure a level of safety equivalent to Section 91.121.
Additionally, IWERX ADVERTISING, INC

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

. IWERX ADVERTISING, INC

. submits that safety will not be affected by operation of the DJI Phantom 2 and DJI Phantom 3 UAs during daylight hours in visual meteorological conditions (VMC) under visual flight rules (VFR), with eno ugh battery power to fly for a total duration of approximately 14.5 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. § 11.81, IWERX ADVERTISING, IN C

. 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:

IWERX ADVERTISING, INC

. ATT N: IWerx Advertising 101 South Main Minot, ND 58701 904

- 571

- 8129

### 7 Steve@iwerxadvertising.com

B. The Specific Sections Of 14 C.F.R. From Which IWERX
ADVERTISING, INC

. Seeks Exemption.

1. IWERX ADVERTISING, INC

. Seeks Exemption From The Requirements Of
Section 61.113(a) And (b). Section 61.113, entitled Private pilot privileges and limitations: Pilot in

command , subsectio ns (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

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

— (1) The flight is only incidental to that business or employment; and

(2) The aircraft does not carry passengers or property for compensation or hire.

2. IWERX ADVERTISING, INC

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

3. IWERX ADVERTISING, INC

. 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 opera ting 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 alon g the
route and within 100 nautical miles of the aircraft;

### 8 (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. IWERX ADVERTISING, INC

. Seeks Exemption From The Requirements
Of Section 91.151(b).
Section 91.151, entitled Fuel requi rements 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. IWERX ADVERTISING, INC

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

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

6. IWERX ADVERTISING, INC

. 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

### 9 unless

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

7. IWERX ADVERTISING, INC

. 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 paragraph (c) of this section, no pers on 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. IWERX ADVERTISING, INC

. Seeks Exemption From The Requirements Of Sections 91.417(a) And 91.417(b).
Section 91.417, entitled Maintenance records , su bsections (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 appli ance of an aircraft. The records must include

-- (i) A description (or reference to data acceptable to the
Administrator) of the work performed; and
(ii) The date of completion of the work performed; and

(iii) The signature, and certificate number of the person
approvi ng the aircraft for return to service.
(2) Records containing the following information:

### 10 (i) The total time in service of the airframe, each engine, each
propeller, and each rotor.

(ii) The current status of life

- limited parts of each airframe,
engine, propeller, ro tor, 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 re vision date. If the AD or safety directive involves recurring action, the time and date when the next action is required.

(vi) Copies of the forms prescribed by § 43.9(d) of this chapter for each major alteration to the airframe and currently installed engines , rotors, propellers, and appliances. (b) The owner or operator shall retain the following records for the
periods prescribed:
(1) The records specified in paragraph (a)(1) of this section shall be retained until the work is repeated or superseded by
other work or for 1 year after the work is performed.
(2) The records specified in paragraph (a)(2) of this section

shall be retained and transferred with the aircraft at the time

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

C. The Extent Of Relief IWERX ADVERTISING, INC

. Seeks And

The Reason IWERX ADVERTISING, INC

. Seeks The Relief.

### 11 1. Extent Of Relie f IWERX ADVERTISING, INC

. Seeks And The Reason
IWERX ADVERTISING, INC

. 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 neces sary to allow a PIC holding a private pilot or higher level certificate, as well as a current and valid airman medical certificate, and who has met certain flight

- hour and currency requirements, to conduct the proposed UAS flight operations for compensatio n 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: (1) The flight is only i ncidental to

that business or employment; and (2) The aircraft does not carry passengers or property for
compensation or hire.
As set forth more fully below, IWERX ADVERTISING, INC

. submits that an equivalent level of safety will be maintained because no PIC will be allowed to operate the DJI Phantom 2 UAS or DJI Phantom 3 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 or DJI Phantom 3 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, IWERX ADVERTISING, INC

. submits t hat all flights of the DJI Phantom 2 and DJI Phantom 3 UASs, conducted by the PIC pursuant to the grant of this Petition: (1) will be incidental to IWERX ADVERTISING, INC

. ’s business; and (2) will not carry passengers or property for compensation or hire.

2. Extent Of Relief IWERX ADVERTISING, INC

. Seeks And The Reason
IWERX ADVERTISING, INC

. 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 IWERX ADVERTISING, INC

. to determine that the DJI Phantom 2 and DJI Phantom 3 UASs are in airworthy condition prior to every flight by ensuring that the UAS is in compliance with the operating documents (i.e., the IWERX ADVERTISING, INC

. Aerial Operations Manual, Monthly
Ma intenance Log, and DJI Phantom 2 and DJI Phantom 3 Instruction Manual).

### 12 IWERX ADVERTISING, INC

. seeks the requested relief because the DJI Phantom 2 and DJI Phantom 3 UASs do not require an airworthiness certificate in accordance with 14 C.F.R. Part 21, S ubpart ADVERTISING . Therefore, IWERX ADVERTISING, INC

. will ensure that the DJI Phantom 2 and DJI Phantom 3 UASs are in airworthy condition based upon its compliance with the operating documents (i.e., Monthly Maintenance Log, and DJI Phantom 2 and DJI Pha ntom 3 Instruction Manual) prior to every flight, and further, determine that the aircraft are in condition for safe flight, as stated in the conditions and limitations below.

3. Extent Of Relief IWERX ADVERTISING, INC

. Seeks And The Reason

IWERX ADVERTI SING, INC

. Seeks Relief From Section 91.121.
Relief from Section 91.121, entitled Altimeter settings, may be required to allow flight operations of the DJI Phantom 2 and DJI Phantom 3 UASs, which utilize a barometric pressure sensor, GPS equipment, and a r adio 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), IWERX ADVERTISING, INC

. seeks the requested relief because the DJI Phantom 2 and DJI Phantom 3 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 and DJI Phantom 3 UAs are equipped with a barometric pressure sensor and GPS equipment, which automatically ensures that a ground level pressure setting will be established prior to each flight, and provid es the PIC with altitude information of the UA on the
heads

- up display of the GCS.

4. Extent Of Relief IWERX ADVERTISING, INC

. Seeks And The Reason
IWERX ADVERTISING, INC

. 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 and DJI Phantom 3 UAs during daylight hours in visual meteorological conditions (VMC), under visual flight rules (VFR), fo r a total duration

### 13 of 14.5 minutes to the first point of intended landing and, assuming normal cruising speed, to fly after that for at least 4.5 minutes. IWERX ADVERTISING, INC

. seeks the requested relief because without an exemption from Section 91.151(b ), the flight time duration of the battery powered DJI Phantom 2 and DJI Phantom 3 UAs will severely constrain the practicality of any aerial video or still photo flight operations that IWERX ADVERTISING, INC

. proposes to conduct pursuant to this Petition. Significantly, as set forth below, the technical specifications of the DJI Phantom 2 and DJI Phantom 3 UASs, the DJI Phantom 2 and DJI Phantom 3 operating documents, and IWERX ADVERTISING, INC

. ’s proposed operating limitations,
ensure that IWERX ADVERTIS ING, INC

. will safely operate the battery powered DJI Phantom 2 and DJI Phantom 3 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 14.5 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 IWERX ADVERTISING, INC

. Seeks And The Reason IWERX ADVERTISING, INC

. 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, IWERX ADVERTISING, INC

. requests relief from these Sections becau se the DJI Phantom 2 and DJI Phantom 3 UASs do not require airworthiness certificates. As set forth more fully below, the
DJI Phantom 2 and DJI Phantom 3 UASs meet the conditions of FMRA Section 333 for operation without an airworthiness certificate. Accor dingly, IWERX ADVERTISING, INC

. will use trained technicians 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 IWERX ADVERTISING, INC

. Aerial Operations Manual, Monthly Maintenance Log, and DJI Phantom 2 and DJI Phantom 3 Instruction Manual). Furthermore, IWERX ADVERTISING, INC

. will document and maintain all maintenance records for the
DJI Phantom 2 and DJI Phantom 3 UASs.

D. The Rea sons Why Granting IWERX ADVERTISING, INC

. Request Would
Be In The Public Interest; That Is, How It Would Benefit The Public As A

### 14 Whole.
Granting the present Petition will further the public interest by allowing IWERX ADVERTISING, INC

. to safely, efficientl y, and economically perform aerial video and photography of real estate, and landscape over certain areas of the United
States. Additionally, use of the DJI Phantom 2 and DJI Phantom 3 UASs will decrease congestion of the NAS, reduce pollution, and provid e significant benefits to the economy. Notably, the benefits of IWERX ADVERTISING, INC

. ’s proposed operation of the DJI Phantom 2 and DJI Phantom 3 UASs will be realized without implicating any privacy issues.

1. The Public Will Benefit From Decreased Co ngestion Of The NAS.

The DJI Phantom 2 and DJI Phantom 3 UAs are battery powered and serve as a safe, efficient, and economical alternative to the manned aircraft traditionally utilized to obtain aerial imagery. By reducing the amount of manned aircraft

n eeded to perform aerial acquisitions, an exemption allowing the use of a DJI Phantom 2 or DJI Phantom 3 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 ai r 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 and DJI Phantom 3 UAs do not require an airport to
ta keoff or land. Likewise, a reduction of manned aircraft conducting aerial video and photography missions would result in fewer aircraft that must be handled by air traffic control during the ground, takeoff, departure, arrival, and landing phases of flight operations.

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

Phantom 2 and DJI Phantom 3 UASs. Conducting aerial acquisitions with the DJI Phantom 2 and DJI Phantom 3 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 photography flight operations. By using battery power and electric motors, the DJI Phantom 2 and DJI Phantom 3 UASs produce no air pollution, and is the most viable environmentally conscious alternative to the cabin class, six cylinder internal combustion engine aircraft that are typically utilized for aerial

### 15 video and photography, while burning approximately 20

- 30 gallons per hour of
leaded avi ation fuel. The DJI Phantom 2 and DJI Phantom 3 UAs, while 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 us ing the DJI Phantom 2 and DJI Phantom 3 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 aircraft flight operations, will be substantially reduc ed or completely eliminated. Aside from the lack of flight crew members located onboard the aircraft, the DJI Phantom 2 and DJI Phantom 3 UAs (weighing approximately 2 pounds 11 ounces and 6 pounds 7.5 ounces respectively, at their maximum gross weights wi th lengths of 16 inches and 17.3 inches respectively, widths of 16 inches and 17.7 inches respectively, 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).

3. Performing Aerial Video and Photography Operations With The DJ I Phantom 2 and DJI Phantom 3 UASs Will Benefit The Economy.
In addition to being safe and efficient, the DJI Phantom 2 and DJI Phantom 3 UASs are also an economical alternative to using manned aircraft to conduct similar aerial operations. As such, operat ion of the DJI Phantom 2 and DJI Phantom 3 UASs will allow United States based companies, like IWERX ADVERTISING, INC

. , to remain competitive and contribute to growth of the U.S. economy. Specifically, with the rising cost of aviation fuel and the Environm ental 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 and DJI Phantom 3 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 and DJ I Phantom 3 UASs, companies such as IWERX ADVERTISING, INC

. , 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 financia l performance of U.S. companies, through commercial use of the DJI Phantom 2 and DJI Phantom 3 UASs, provides a stable workforce that increases consumer spending; improves local, state, and federal tax revenues; and allows companies to invest in research

### 16 a nd 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
many years , IWERX ADVERTISING, INC

. ’s proposed op eration of the DJI Phantom 2 and DJI Phantom 3 UASs will not implicate any privacy issues. Specifically, the DJI Phantom 2 and DJI Phantom 3 UASs will be operated only in compliance with operating documents (i.e., the IWERX ADVERTISING, INC

. Aerial Operati ons Manual, Monthly Maintenance Log, and DJI Phantom 2 and DJI Phantom 3 Instruction Manual) which requires property owner involvement and permission to videotape/photograph 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 IWERX ADVERTISING, INC

. Seeks Exemption.

1. Reasons Why The DJI Phantom 2 and DJI Phantom 3 UAs Meet The Conditions Of The FAA Modernization and Reform Act of 2012 (FMRA)
Section 333. In consideration of the size, weight, speed, and li mited operating area associated with the unmanned aircraft and its operation, IWERX ADVERTISING, INC

. ’s operation of the DJI Phantom 2 and DJI Phantom 3 UASs meet the conditions of FMRA Section 333, and will not require an airworthiness certificate in acco rdance with 14 C.F.R. Part 21, Subpart ADVERTISING

. 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, o r 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 Sec retary of Transportation shall determine if certain unmanned aircraft systems may operate safely in the national airspace system before completion of the plan and rulemaking required by section 332 of this Act or the guidance required by section 334 of thi s Act.
(b) Assessment of Unmanned Aircraft Systems.

-- In making the

### 17 determination under subsection (a), the Secretary shall determine, at a

minimum

-- (1) which types of unmanned aircraft systems, if any, as a result of their size, weight, speed, operational capabi lity, 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, certifica te 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 determi nes under this section that certain unmanned aircraft systems may operate safely in the national airspace system, the Secretary shall establish requirements for the safe operation of such aircraft systems in the national airspace system.

In seeking this exemption, IWERX ADVERTISING, INC

. submits that the DJI Phantom 2 and DJI Phantom 3 UASs can operate safely in the NAS pursuant to FMRA Section 333, as demonstrated by: (a) the characteristics of the DJI Phantom 2 and DJI Phantom 3 UASs; (b) the pilot certifi cation requirement; and (c) the specific operating limitations.
a. The Specifications Of The DJI Phantom 2 and DJI Phantom 3 UASs

Demonstrate Its Safe Characteristics.

The DJI Phantom 2 and DJI Phantom 3 UASs do not create a hazard to users of
the NAS o r 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 and DJI Phantom 3 UASs.

The technical specifications of the DJI Phantom 2 and DJI Phantom 3 UASs are set forth by the DJI Phantom 2 and DJI Phantom 3 User Manuals, attached

### 18 hereto as Appendix A and B.

ii. The DJI Phantom 2 and DJI Phantom 3 UASs Autonomous Flight And Navigation Modes Enable The UASs To Remain Within A Defined Oper ational Area.

The DJI Phantom 2 and DJI Phantom 3 UASs 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 and DJI Phantom 3 UASs is provided at pages 25

- 35 of the DJI Phantom 2 and pages 12

- 16 and 45

- 50 of the DJI Phantom 3 User Manuals, attached hereto as Appendix A and B.

iii. The DJI Phantom 2 and DJI Phantom 3 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 and DJI Phantom 3 UAs will remain stationary, in flight, for 3 seconds or more. If, after 3 seconds, the DJI Phantom 2 and DJI Phantom 3 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 Functions of the DJI Phantom 2 UAS are set forth at pages 27 through 29 and for the DJI Phantom 3 at pages 13 through 15 of the DJI Phantom 2 and DJI Phantom 3 User Manuals, attached hereto as Appendix

A and B.
iv. The DJI Phantom 2 and DJI Phantom 3 GCS And Its Operation.

A comple te description of the operation and specifications of the DJI Phantom 2 and DJI Phantom 3 GCS and flight control software is provided at pages 32 through 43 of the DJI Phantom 2 User Manual and pages 40 through 47 of the DJI
Phantom 3 User Manual. DJI Phan tom 2 and DJI Phantom 3 User Manuals are attached hereto as Appendix A and B.

b. Flight Operations Of DJI Phantom 2 and DJI Phantom 3 UASs Are Limited To The Line Of Sight Of A Certificated Pilot in Command With A Safety
Observer.

### 19 IWERX ADVERTISING will b e the only person to act as a pilot in command (PIC) of
the DJI Phantom 2 and DJI Phantom 3 UASs. Additionally, a safety observer will
assist in flights.

c. Flights Of DJI Phantom 2 and DJI Phantom 3 UASs Will Be Conducted Pursuant To Specific Operating L imitations.
In seeking this exemption, IWERX ADVERTISING, INC

. proposes to commercially operate DJI Phantom 2 and DJI Phantom 3 UASs for the special purpose of conducting aerial video and photography over certain areas of United States, pursuant to the fol lowing 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 2 and DJ I Phantom 3 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 a nd 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 500 feet above ground level (AGL), as indicated by the procedures specified in
the o perating 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 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 ob server (SO). The SO may be used to satisfy the VLOS requirement as long as the PIC always

maintains VLOS capability. The SO and PIC must be able to communicate verbally at all times. Electronic messaging or texting is not permitted during flight operations . The PIC must be designated before the flight and cannot transfer his or her designation for the duration of the flight. The PIC must ensure that the SO can perform the functions prescribed in the operating documents.

8. The SO must not perform any other d uties 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
accessibl e 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 operating documents, the conditions and limi tations 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

res ponsibility 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 opera tor 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 contacted if questions ari se regarding updates or revisions to the operating documents.

10. Prior to each flight the PIC must inspect the UAS to ensure that it is

### 21 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 mu st 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 test flight. The PIC who conducts the functional test flight must make an entry in the aircraft
records.

### 22 12. T he pre

- flight inspection must account for all potential discrepancies, e.g. inoperable components, items, or equipment, not already covered in the relevant

sect ions 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 record keepi ng 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 accomplished, 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 actio n taken against discrepancies discovered between inspections.

17. The PIC must possess at least a private pilot certificate and at least a

current third

- class medical certificate.

18. The operator may not permit any PIC to operate unless the PIC meets the
ope rator’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 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 o perations may only be conducted during dedicated training sessions. During training, proficiency, and experience

- building flights, all persons not

### 23 essential for flight operations are considered nonparticipants, and the PIC must operate the UA with appropri ate distance from nonparticipants in accordance 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 5 nautical miles of an airport reference point
as denot ed on a current FAA

- published aeronautical 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 available to the Administrator upon request.

21. 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.

22. If the UA loses com munications 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 o r emergencies in accordance with the operating documents.

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

25. The operator must 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 operat or to request a Notice to Airman

### 24 (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, alt itude level and 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 wi th 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 appropria te 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 Ad ministrator 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. Fl ight 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 ensure that nonparticipating persons remain under such protection. If a situation arises where nonparticipating persons

### 25 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 sa fety 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 representative will be obtained
for e ach flight to be conducted.

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

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

2. Reasons Why An Exemption From The Requirements Of Section
61.113(a) And (b) Would Not Adversely Af fect Safety.

IWERX ADVERTISING, INC

. 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 and DJI Phantom 3 UASs unless that PIC has demonstrat ed, by meeting minimum flight

- hour and currency requirements, that the PIC is able to safely operate the DJI Phantom 2 or DJI Phantom 3 UAS in a manner consistent with the exemption,including evasive and emergency maneuvers and maintaining appropriate dist ances from people,

### 26 vessels, vehicles and structures. Considering IWERX ADVERTISING, INC

. ’s proposed area of operations, and the operating limitations set forth

- above; the parallel nature of private pilot aeronautical knowledge requirements to those of com mercial pilot requirements (See Exemption No. 11062); and the airmanship skills necessary to safely operate the DJI Phantom 2 or DJI Phantom 3 UAS, IWERX ADVERTISING, INC

. submits that the additional manned airmanship experience of a commercially certifica ted pilot would not correlate to the airmanship skills necessary for IWERX ADVERTISING, INC

. ’s 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 mate rial respects, to those presented herein (e.g. Exemption Nos. 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110, 11112, 11136, 11138, 11150, 11153, 11156, 11158, 11159, 11160, 11161).

IWERX ADVERTISING, INC

. will not allow any PIC to operate the DJI Phantom 2 or DJI Phantom 3 UAS unless that PIC has demonstrated, by meeting minimum flight

- hour requirements or the DJI Phantom 2 or DJI Phantom 3 UAS training and currency requirements, that the PIC is able to safely operate the DJI Phantom 2 or D JI Phantom 3 UAS in a manner consistent with this exemption, including evasive and emergency maneuvers and maintaining appropriate distances from people, vessels, vehicles and
structures. Specifically, the PIC must have accumulated and logged, in a manner 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 hou r 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 IWERX ADVERTISING, INC

. ’s proposed operations. The Administrator has held that prior documented flight experience that was obtained in compliance with applicable regulations would ensure safe operations, sta ting 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 hour s of total time as a UAS rotorcraft pilot including at least 10 hours logged as a UAS pilot
with a multi

- rotor UAS. Prior to operations under Exemption No. 11062, the PIC must also have accumulated and logged a minimum of 5 hours as a UAS pilot operating
t he same make and model of UAS to be used for operations under the exemption. For

### 27 clarification, the FAA considers these minimum hour requirements to be inclusive rather than additive; i.e. 5 hours make and model time may be

### 28 included in the 10 hours of mul ti

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

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

building flights the PIC is required to operate the UA with appropriate distances in accordance with 14 C.F.R 91.119.

Exemption No. 11138 at page 15.

Accordingly, IWERX ADVERTISING, INC

. will ensure safe operations by not allowing any PIC to operate the DJI Phantom 2 or DJI Phantom 3 UAS unless that PIC has demonstrated, by meeting minimum flight

- hour and currency requirements, that the PIC is able to safely operate the DJI Phantom 2 or DJI Phantom 3 UAS in a manner consistent with the exemption, including evasive and emergency maneuvers and maintaining appropriate distances from people, vessels, vehicles and structures.

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

The equiv alent level of safety established by Section 91.7(a) will be maintained because prior to every flight, IWERX ADVERTISING, INC

. will ensure that the DJI Phantom 2 or DJI Phantom 3 UAS is in an airworthy condition based upon the UAS’s compliance with its

ope rating documents and as stated in the conditions and limitations herein. Additionally, the FAA has previously granted relief from Section 91.7(a) specific to UAS, in circumstances similar, in all material respects, to those presented herein (e.g. Exemptio n 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.

### 29 Th e equivalent level of safety established by Section 91.121 will be maintained because the
altitude information of the DJI Phantom 2 and DJI Phantom 3 UAs will be provided to the PIC via GPS equipment and a radio communications telemetry data link, which do wnlinks from the UA to the GCS for active monitoring of the flight path and altitude. This altitude
information, combined with IWERX ADVERTISING, INC

. ’s operation of the DJI Phantom 2 and DJI Phantom 3 UAs within visual line of sight, at or below 500 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 those presented herein (e.g. Exemption Nos. 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11112, 1113 6, 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 and DJI Phantom 3 UASs; (2) the limitations on the proposed flight operations; and (3) the location of the proposed flight operations. Accordingly, IWERX A DVERTISING, INC

. will ensure that it will safely operate the battery powered DJI Phantom 2 and DJI Phantom 3 UAs during daylight hours in VFR conditions, with enough battery power t o fly for a total duration of 14. 5 minutes to the first point of intended l anding 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 and DJI Phantom 3 UASs; the limitations on the proposed flight operations; and the l ocation 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 and DJI Phantom 3 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 Vision+ and DJI Phantom 3 UASs will descend and land automatically.
Significantly, previous exemptions granted by the FAA concerning Section 91.151 establish that

### 30 safety is not adversely affected when the technical characteristics and operating limitations of
the UAS are consid ered. Relief has been granted for manned aircraft to operate at less than the minimums prescribed in Section 91.151, including Exemption Nos. 2689, 5745, and 10650. Moreover, the FAA has previously granted relief from Section 91.151 specific to UAS, in
cir cumstances 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, IWERX ADVERTISING, INC

. submits that the equivalent level of safety with regard to the regulatory maintenance and alterati on 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 IWERX ADVERTISING, INC

. will use trained 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 IWERX ADVERTISING, INC

. Aerial Operations Manual, Monthly Maintenance Log, and DJI Phantom 2 and DJI Phantom 3 Instruction Manual). Furthermore, IWERX ADVERTISING , INC

. will document and maintain all maintenance records for the DJI Phantom 2 and DJI Phantom 3 UASs.
Since the DJI Phantom 2 and DJI Phantom 3 UASs will be inspected as prescribed by the operating documents, IWERX ADVERTISING, INC

. will maintain the eq uivalent 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 and DJI Phantom 3 User Manuals are attached hereto as Appendix A and B; a copy of the DJI Phantom 2 and DJI Phantom 3 UAS Maintenance LO G is attached hereto as Appendix C.
Likewise, the exemption sought will not adversely affect safety because IWERX ADVERTISING, INC

. will use trained technicians to perform maintenance, alterations or preventive maintenance on the UAS using the methods, te chniques, 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 Phantom
2 and DJI Pha ntom 3 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

### 31 affected when the technical characteristics and operating limitations of the UAS are
considered.

In consideration of IWERX ADVERTISING, INC

. ’s proposed operating limitations, the operating
d ocuments, and the technical aspects of the DJI Phantom 2 and DJI Phantom 3 UASs, IWERX ADVERTISING, INC

. submits that safety will not be adversely affected by granting exemption from 14 C.F.R. Sections 91.405(a), 91.407(a)(1) and (a)(2), 91.409(a)(2), and 91.417(a) and (b). The FAA has previously granted 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, 11153, 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 Condi tions, IWERX ADVERTISING, INC

. requests that the FAA prescribe special conditions for the intended operation of the DJI Phantom 2 and DJI Phantom 3 UASs, which contain such safety standards that the Administrator finds necessary to establish a level of saf ety equivalent to that established by 14 C.F.R. Part 21, Subpart ADVERTISING , 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 operat ion of the UAs for the limited purpose 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 otherwise 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 t he 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 and DJI Phantom 3 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 aircraft, aircraft engine, or propeller because of a novel or unus ual 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 th e aircraft, aircraft engine or propeller as the FAA finds necessary to establish a level of safety equivalent to that established in the regulations.

### 32 See 14 C.F.R. § 21.16.

Therefore, in accordance with FMRA Section 333 and 14 C.F.R. § 21.16, the FAA ma y prescribe special conditions for Leading Edge’s intended operation of the DJI Phantom 2 and DJI Phantom 3 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 ADVERTISING , 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).

• A Summary That Can Be Published In The Federal Register, stating: The Rules

Fr om Which IWERX ADVERTISING, INC Seeks Exemption:

IWERX ADVERTISING, INC

. 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 IWERX
ADVERTISING, INC

. Seeks:

This exemption will permit IWERX ADVERTISING, INC

. to commercially operate an Unmanned Aircraft System (UAS) for the purpose of conducting aerial video and photography over certain areas of the United States.

• Any Additional Information, Views, Or Arguments Available To Support IWERX
ADVERTISING, INC

. ’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, IWERX ADVERTISING, INC

. ’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.

### 33 FMRA Se ction 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 c ertification.
As discussed in detail above, IWERX ADVERTISING, INC

. will operate the DJI Phantom 2 and DJI Phantom 3 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.

CO NCLUSION

As set forth herein, IWERX ADVERTISING, INC

. 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 and DJI Phantom 3 UASs com mercially, 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 Congressional mandate of th e FAA Modernization and Reform Act of 2012, while also advancing the interests of the public, by allowing IWERX ADVERTISING, INC

. to safely, efficiently, and economically operate the DJI Phantom 2 and DJI Phantom 3 UASs commercially within the NAS.

WHEREF ORE , in accordance with the Federal Aviation Regulations and the FAA Modernization and Reform Act of 2012, Section 333, IWERX ADVERTISING, INC

. 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 Leading Edge to operate the DJI Phantom 2 and DJI Phantom 3 UASs commercially for the purpose of conducting aerial vid eo and photography over certain areas of the United States.

Respectfully submitted on June 14, 2015

IWERX ADVERTISING, INC

. Attn. IWerx Advertising 101 South Main Minot, ND 58701

701

- 400

- 8287

Steve@iwerxadvertising.com

### 34 Appendices :

A

– DJI Phantom 2 Manual:

B

– DJI Phantom 3 Specifications Data Sheet

C

– Monthly Maintenance Log

D

- DJI Phantom Users Guide

APPENDIX

– A
DJI PHANTOM 2 VISION+ TECHNICAL SPECIFICATIONS

IWERX ADVERTISING, INC

. 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 predeterm ined 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+

1.1.1 Airc raft

1.1.1.1 Supported Battery

– DJI 5200mAH LiPo Battery

1.1.1.2 Weight (Battery & Propellers Included)

– 2lbs 11.810oz (1242g)

1.1.1.3 Hover Accuracy (Ready to Fly)

– Vertical: .8m; Horizontal: 2.5m
1.1.1.4 Max Yaw Angular Velocity

- 200 0 /s 1.1.1.5 Max Tilt Angel

- 35 0 1.1.1.6 Max Ascent Speed

– 6m/s

1.1.1.7 Max Descent Speed

– 2m/s

1.1.1.8 Max Flight Speed

– 15m/s (NOT RECOMMENDED)

1.1.2 Gimbal

1.1.2.1 Working Current

– Static: 750mA; Dynamic: 900mA
1.1.2.2 Control Accuracy

- ±0.03 0

### 35 1.1.2.3 Controllable Range

– Pitch:

- 90 0

- 0 0 1.1.2.4 Maximum Ang ular Speed

– Pitch: 90 0 /s
1.1.3 Camera 1.1.3.1 Operating Temperature Range

- 32 0 F

- 104 0 F (0 0 C

- 40 0 C) 1.1.3.2 Sensor Size

– 1/2.3”

1.1.3.3 Effective Pixels

– 14M

1.1.3.4 Resolution

– 4384x3288

4.1.3.5 HD Video Recording

– 1080p30 & 720p 4.1.3.6 Recording Field of View

- 110 0 /85 0

1.1.4 Transmitter

1.1.4.1 Operatin g Frequency

– 5.728GHz

– 5.85GHz

1.1.4.2 Communication Distance (unobstructed)

– FCC Compliance: 800m

1.1.4.3 Receiver Sensitivity (1%PER)

- - 93dBm

1.1.4.4 Transmitter Power

– FCC Compliance: 100mW

1.1.4.5 Working Voltage

– 120mA@3.7V

1.1.5 Range Extender

1.1.5.1 Operating Frequency

– 2412

- 246 2MHz

1.1.5.2 Communication Distance (unobstructed)

– 500

- 700m

1.1.5.3 Transmitter Power

– 20dBm

1.1.5.4 Power Consumption

– 2W

APPENDIX

– B
DJI Phantom 3 TECHNICAL SPECIFICATIONS

IWERX ADVERTISING, INC

. only utilizes safe and reliable UASs. DJI is an industry leader in sm all 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)

2.2 DJI Inspire 1

### 36 2.2.1 Aircraft

2.2.1.1 Model

– Phantom 3

2.2.1.2 Weight (Battery Included)

– 1280 grams

2.2.1.3 Hovering Accuracy (GPS Mode)

– Vertical: +/

- 10cm; Horizontal:
+/

- 1m 2.2.1.4 Max Angular Velocity

– Yaw: 200 0 /s 2.2.1.5 Max Tilt Angle

- 35 0 2.2.1.6 Max Ascent Speed

– 5m/s

2.2.1.7 Max Descent Speed

– 3m/s

2.2.1.8 Max Speed

– 16m/s (ATTI mode, no wind

– NOT R ECOMMENDED)

2.2.1.9 Max Flight Altitude

– 6000m

2.2.1.10 Max Flight Time

– Approximately 23 minutes

2.2.1.12 Motor Model

– DJI 3510

2.2.1.13 Propeller Model

– DJI 1345
2.2.1.14 Operating Temperature Range

– 14 0 F to 104 0 F (

- 10 0 C to 40 0 C) 2.2.1.15 Dimensions

– 17 1⁄4 ” x 17 3⁄4 ” x 12”

2.2.2 Gimbal

2.2.2.1 Model

– ZENMUS E X3

2.2.2.2 Output Power (with camera)

– Static: 9W; In Motion: 11W

2.2.2.3 Operating Current

– Static: 750mA; In Motion: 900mA
2.2.2.4 Angular Vibration Range

- ±0.03 0 2.2.2.5 Mounting

– Detachable 2.2.2.6 Controllable Range

– Pitch:

- 90 0 to +30 0 ; Pan: ±320 0 2.2.2.7 Mechanical Range

– Pitch:

- 125 0 to 45 0 ; Pan: ±330 0 2.2.2.8 Max Controllable Speed

– Pitch: 120 0 /s; Pan: 180 0 /s
2.2.3 Camera

2.2.3.1 Name

– Sony EXMOR

2.2.3.2 Model

– 12.4M Pixel

2.2.3.3 Total Pixels

– 12.4M

2.2.3.4 Effective Pixels

– 12.76M

2.2.3.5 Image Max Size

– 4000x3000

2.2.3.6 ISO Range

– 100

- 3200

### 37 2.2.3.7 Field of View

- 94 0 2.2.3.8 CMOS

– Sony EX MOR 1/2.3”

2.2.3.9 HD Video Recording

– UHD(4K): 4096x2160p24/25, 3840x2160p24/25/30; FHD: 1920x1080p24/25/30/48/50/60; HD: 1280x720p24/25/30/48/50/60 2.2.3.10 Operating Temperature Range

- 32 0 F

- 104 0 F (0 0 C

- 40 0 C)
2.2.4 Transmitter

2.2.4.1 Name

– C1

2.2.4.2 Operating Frequency

– 5.728

- 5.8 50GHz; 2.400

- 2.483GHz

2.2.4.3 Communicating Distance (unobstructed)

– 2000m

2.2.4.4 Output Power

– 9W 2.2.4.5 Operating Temperature Range

- 14 0 F to 104 0 F (

- 10 0 C to 40 0 C) 2.2.4.6 Battery

– 600mAh L iPo 2S