09/12/ 2015 Copyright Protected Page 1

U.S. Department of Transportation

Docket Management Systems

1200 New Jersey Ave., SE

Washington, DC 20590



### Exemption Request under Section 333 of the FAA

Modernization and Reform Act of 2012 and 14 C.F.R. Part 11

September 12, 2015

Petitioner:

Innova Flight Training and Systems , LLC

Douglas M. Forest

1940 Airport Road

Great Falls, Montana 59404

Cell: 406

- 799

- 0507

Email: Dougf@InnovaFlight.com

Dear Sir or Madam:

INNOVA FLIGHT TRAINING AND SYSTEMS (IFTS) SEEKS AN EXEMPTION

SEEKING RELIEF FROM THE REQUIREMENTS OF TITLE 14 OF THE CODE OF

FEDERAL REGULATIONS PART 21, SUBPART H AND SECTIONS §§ 61.113(a) & (b),

91.109, 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+ DJI PHANTOM 3 +DJI Inspire +

DJI S900 and DJI 1000

. PROFESSIONAL UNMANNED AIRCRAFT SYSTEMS

PURSUANT TO SECTION 333 OF THE FAA MODERNIZATION AND REFORM ACT

OF 2012 (PUBLIC LAW 112

- 95)09/12/ 2015 Copyright Protected Page 2 TABLE OF CONTENTS

GLOSSARY OF ABBREVIATIONS

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

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

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

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

......... . 4

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

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

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

......... .6

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

......... .8

THE SPECIFIC SECTIONS OF 14 C. F.R. FROM WHICH INNOVA FLIGHT

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

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

THE EXTENT OF RELIEF INNOVA FLIGHT SEEKS AND THE REASON

INNOVA FLIGHT SEEKS THE RELIEF

..... ..................................... ................11

THE REASONS WHY GRANTING INNOVA FLIGHT 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

...... ....28

ANY ADDITIONAL I NFORMATION, VIEWS, OR ARGUMENTS CONCLUSION

........................................................................................................ . 2 809/12/ 2015 Copyright Protected Page 3 GLOSSARY OF ABBREVIATION S

AGL Above Ground Level

AOI Area of Interest

ATC Air Traffic Control

ATO Air Traffic Organization

A V 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 Airspa ce System

NOTAM Notice to Airman

PIC Pilot in Command

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

SO Safety Observe r

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 Landing09/12/ 2015 Copyright Protected Page 4 SUMMARY

Innova Flight , LCC seeks exemption from the requirements of 14 C.F.R § 6 1.113(a) &

(b), 91.109, 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 exemp tion will permit

Innova Flight to operate an Unmanned Aircraft System (UAS) for the commercial

purpose of conducting aerial video and photography of Real Estate Properties as well as

filming of special events, film sets, scripted and unscripted television sets and landscape,

conducting power line inspection, aerial mapping, surveying and search and rescue over

certain areas of the United States.

INTRODUCTION AND INTERESTS OF THE PETITIONER

Innova Flight has a solid background with more than 100 years of experi ence in both

Civilian and Military Aviation.

The principals of Innova Flight offers over 250 years of experience in aviation and is

de dicated to continuing to build and create new economic development, new products

and processes and opportunities for cus tomer research and development.

Innova Flight is based in New Hampshire/ Montana and specializes in real estate

videography, photography, music video production, special event production and film,

television production, aerial mapping, power line inspecti on and search and rescue.

Innova Flight’s objective is to conduct aerial photography and videography in order to

provide high quality digital imaging and video content to its clients as well as filming of

special events, film sets, scripted and unscripte d television sets and landscape, conducting

power line inspection, aerial mapping, surveying and search and rescue utilizing DJI

U AS. More specifically, Innova Flight aerial video and photography operations will serve

in the following areas:

• Aerial phot ography of houses / residential and commercial buildings and power lines

• Aerial videography of houses / residential and commercial buildings and power lines

• Aerial event photography/cinematography/livestock/crop observation management

• Aerial event filming

• Aerial Film & Television production

• Aerial search and rescue and safety inspections

• Increase public knowledge of UAS and promote safe UAS operations.

The proposed aerial filming will be conducted over private property with controlled

acces s in the NAS and with the knowledge and permission of the private property’s

owner.09/12/ 2015 Copyright Protected Page 5

Unmanned Aircraft Systems: DJI Phantom 2 Vision+, Phantom 3 + DJI Inspire+ DJI

S900/S1000 Professional UAS

Innova Flight seeks an exemption to operate DJI systems DRONES for

compensation or hire within the NAS. The DJI Phantom 2 Vision+, DJI Phantom

3 + DJI Inspire+ DJI S900/S1000 Professional are vertical takeoff and landing

(VTOL) Unmanned Aircrafts (UAS) with a Ground Control Station (GCS)

utilizing electronic tablet or smart phone systems. The DJI Phantom 2 Vision+, DJI

Phantom 3+ DJI Inspire+ DJI S900/S1000 Professional have a maximum gross

weight :

Name, size, and weight of the aircraft.

Aircraft Dimensions Weight

DJI Phantom 2 14"x14"x7" 2.6 lbs

DJI Phantom 3 14"x14"x7" 2.8 lbs

DJI Inspire 17"x18"x12" 6.5 lbs

DJI S900 35"x35"x14" 18.1 lbs

DJI S1000 41"x41"x14" 24.3 lbs

 Size, weight and performance specificat ion of the DJI Phantom 3 (“P3”) are substantially similar to those of the DJI Phantom 2 Vision+ (“P2”) in all relevant

respects:

 Gross weight: P3=1280g; P2=1242g.

 Diagona l Size (including propellers): P3=590mm; P2=579mm.

 Maximum Ascent Speed: P3=5m/sec; P2=6m/sec.

 Maximum Descent Speed: P3=3m/sec; P2=2m/sec.

 Vertical Hover Accuracy: P3=+/

- 10cm; P2=+/

- 80cm.

 Horizontal Hover Accuracy: P3=+/

- 1m; P2=+/

- 2.5m.

 Maximum Speed : P3=16m/sec; P2=15m/sec.

The DJI Phantom 2 Vision+, DJI Phantom 3+ DJI Inspire+ DJI S900/S1000 will

be operated by Innova Flight (trained professional), 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.09/12/ 2015 Copyright Protected Page 6 BASIS FOR PETITION

Petitioner, Innova Flight

, pursuant to the provisions of the Federal Aviation

R e gulations ( 14 C

. F

. R

. § 1 1

. 61) a n d t h e F

A A M o d e r ni z ation and R e

f o r m A c t o f

2012 (FMRA), Section 333, Special Rules for Certain Unmanned Aircraft Systems

,

hereby petitions the Administrator to commercially operate the DJI Phantom 2

Vision+, DJI Phantom 3+ DJI Inspire+ DJI S900/S1000 Profe ssional UAS in the

National Airspace System (NAS), and for an exemption from the requirements of 14

C.F.R §§ 61.113(a) & (b), 91.109, 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, Innova Flight operation s of DJI Phantom 2 Vision+,

DJI Phantom 3+ DJI Inspire+ DJI S900/S1000 Professional UAS meets the conditions of

FMRA Section 33 3 and therefore, will not require an airworthiness certificate in

accordance with 14 C.F.R. Part 21, Subpart H. Accordingly, Innova Flight 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 airworthin ess certificate. Innova Flight submits that the requested relief is proper

since an equivalent level of safety will be ensured. Innova Flight will use experienced

personn el or technicians to perform maintenance, alterations, or preventive maintenance

on the UAS’s using the methods, techniques, and practices prescribed in the operating

documents (i.e., Monthly Maintenance Log, and DJI Phantom 2 Vision+, DJI Phantom

3+ DJI I nspire+ DJI S900/S1000 Professional Instruction Manua l). Furthermore, Innova

Flight will document and maintain all maintenance records for the DJI Phantom 2

Vision+, DJI Phantom 3+ DJI Inspire+ DJI S900/S1000 Professional UAS.

Relief from certain require ments of Section 61.113(a) and (b), entitled Private pilot

privileges and limitations : Pilot In Command, is requested by Innova Flight to the extent

necessary to allow a Pilot in Command (PIC) holding a Supplemental Pilot Certificate,

and who has demonstr ated, by meeting minimum flight

- hour and currency requirements,

that the PIC is able to safely operate the DJI Phantom 2 Vision+, DJI Phantom 3+ DJI

Inspire+ DJI S900/S1000 Professional UAS in a manner consistent with this exemption,

including evasive and emergency maneuvers and maintaining appropriate distances from

people, vessels, vehicles and structures.09/12/ 2015 Copyright Protected Page 7

Innova Flight seeks relief from Section 91.7(a), entitled Civil aircraft airworthiness

,

because the DJI Phantom 2 Vision+, DJI Phantom 3+ DJI Inspi re+ DJI S900/S1000

Professional UAS do not require an airworthiness certificate in accordance with 14

C.F.R. Part 21, Sub part H. As such, Innova Flight submits that it will ensure that the DJI

Phantom 2 Vision+, DJI Phantom 3+ DJI Inspire+ DJI S900/S1000 Professional UAS are

in an airworthy condition, prior to every flight, by determining that the UAS’s are in

compliance with the operating documents (i.e., Monthly Maintenance Log, and DJI

Phantom 2 Vision+, DJI Phantom 3+ DJI Inspire+ DJI S900/S1000 Profes sional

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

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

Settings , as the DJI Phantom 2 Vision+, DJI Phantom 3+ DJI Inspire+ DJI S900/S1000

Professional UAS will not have a typical barometric altimeter onboard. However, altitude

information of the DJI Phantom 2 Vision+, DJI Phantom 3+ DJI Inspire+ DJI

S900/S1000 Professional UA will be provided to the PIC via Global Positioning Sy stem

(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 Innova Flight’s operation of the DJI Phantom 2 Vision+, DJI Phantom 3+

DJI Inspire+ DJI S900/S1000 Professional UAS within visual line of sight, at or below

200 feet AGL, will ensure a level of safety equivalent to Section 91.121.

Additionally, Innova Flight seeks an exemption from the requirements of Section

91.151(b), entitled Fuel requirements for flight in VFR conditions. Innova Flight submits

that safety will not be affected by operation of the DJI Phantom 2 Vision+, DJI Phantom

3+ DJI Inspire+ DJI S900/S1000 Professional UA during daylight hours in visual

meteorolog ical 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

minute s.

In accordance with 14 C.F.R. § 11.81, Innova Flight provides the following information

in support of its petition for exemption:09/12/ 2015 Copyright Protected Page 8

A. Name and Address of the Petitioner.

The name and address of the Petitioner and point of contact is:

Innova Fl ight Training and Systems

Douglas M. Forest

1940 Airport Road

Great Falls, Montana 59404

Cell: 406

- 799

- 0507

Email: Dougf@InnovaFlight.com

B. The Specific Sections of 14 C .F.R. From Which Innova Flight Seeks Exemption.

1. Innova Flight 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.

(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 c arry passengers or property for compensation or hire.

2. Innova Flight 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 op erate a civil aircraft unless it is in an airworthy condition.

3. Innova Flight 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 alti meter 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 appropriat e 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.09/12/ 2015 Copyright Protected Page 9

4. Innova Flight 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 con ditions) 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. Innova Flight Seeks Exemption from the Requirement of Section 91.405(a). Section

91.405, entitl ed 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 prescrib ed in part 43 of this chapter.

6. Innova Flight Seeks Exemption from the Requirements of Section 91.407(a)(1) S ection

91.407, entitled Operation after maintenance, preventive maint enance, 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 be en approved for return to service by a person authorized under §

43.7 of this chapter.

7. Innova Flight 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 fol lowing:

(a) Except as provided in paragraph (c) of this section, no person may operate

an aircraft unless, within the preceding 12 calendar months, it has had

--

(1) An annual inspection in accordance with part 43 of t his 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. Innova F ligh t Seeks Exemption from the Requirements of Sections 91.417(a) and

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

following:09/12/ 2015 Copyright Protected Page 10 (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

reco rds 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; and

(ii) The date of completion of the work performed; and

(iii) The signature, and certificate number of t he person approving the

aircraft for return to service.

(2) Records containing the following information:

(i) The total time in service of the airframe, each engine, each propeller,

and each rotor.

(ii) The current status of life

- limited parts of each airframe, engine,

propeller, rotor, and appliance.

(iii) The time since last 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 air craft, 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 a recurring

action, t he 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.09/12/ 2015 Copyright Protected Page 11 (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 Innova Flig ht Seeks and the Reason Innova Flight Seeks the

Relief.

1. Extent of Relief Innova Flight Seeks and the Reason Innova Flight Seeks Relief from

Section 61.113(a) and (b). Relief from Section 61.113(a) and (b) entitled Private pilot

privileges and limitatio ns: Pilot in command, is to the extent necessary to allow a PIC

holding a Supplemental Pilot 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 compensation or hire. This relief is requested since

the limitations set forth in Section 61.113(a) and (b) state that a private pilot may, for

compensation or hire, act as PIC of an aircraft in connection with any business or

employm ent 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.

As set forth m ore fully below, Innova Flight submits that an equivalent level of safety

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

Vision+, DJI Phantom 3+ DJI Inspire+ DJI S900/S1000 Professional UA unless that PIC

has met certain flight

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

to safely o perate either the DJI Phantom 2 Vision+, DJI Phantom 3+ DJI Inspire+ DJI

S900/S1000 Professional UAS in a manner consistent with the operations specifications

as described in this exemption, including evasive and emergency maneuvers, as well as

maintainin g appropriate distances from people, vessels, vehicles and structures. Further,

Innova Flight submits that all flights of the DJI Phantom 2 Vision+, DJI Phantom 3+ DJI

Inspire+ DJI S900/S1000 Professional UAS, conducted by the PIC pursuant to the grant

of this Petition: (1) will be incidental to Innova Flight business ; and (2) will not carry

passengers or property for compensation or hire.

Innova Flight believes that though UAS are not traditional aircrafts, a PIC operating the

UA must have knowledge of FAR 14 CFR Airman Rules, basic a irspace and comply with

all the rules proposed by the FAA. Innova Flight PICs will operate the UAS no higher

than 3 00 feet, consequently causing no danger do any other aircraft in the NAS.

However, Innova Flight Proposes PI C Certification as a Supplemental pilot and a

minimum requirement of successfully completed private pilot ground school.09/12/ 2015 Copyright Protected Page 12

Additionally, supplemental pilots without a current FAA private pilot certificate must

have successfully passed the private pilot, c ommercial pilot, or airline transport pilot

knowledge test within the past 24 calendar months.

2. Innova Flight s eeks relief from Section 91.7(a). Relief from Section 91.7(a) entitled

Civil aircraft airworthiness, is requested to the extent required to a llow Innova Flight to

determine that the DJI Phantom 2 Vision+, DJI Phantom 3+ DJI Inspire+ DJI

S900/S1000 Professional UAS are in airworthy condition prior to every flight by

ensuring that the UAS is in compliance with the operating documents (i.e., the Innova

Flight Aerial Operations Manual, Monthly Maintenance Log, and DJI Phantom 2

Vision+, DJI Phantom 3+ DJI Inspire+ DJI S900/S1000 Professional Instruction

Manual). Innova Flight seeks the requested relief because the DJI Phantom 2 Vision+,

DJI Phanto m 3+ DJI Inspire+ DJI S900/S1000 Professional UAS do not require an

airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H. Therefore,

Innova Flight will ensure that the DJI Phantom 2 Vision+, DJI Phantom 3+ DJI Inspire+

DJI S900/S1000 U AS are in airworthy condition based upon its compliance with the

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

Phantom 3+ DJI Inspire+ DJI S900/S1000 3 Professional 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 Innova Flight seeks and the r eason Innova Flight seeks r elief f rom

Section 91.121. Relief from Section 91.121, entitled Altimeter settings, may be required

to allow flight operations of the DJI Phantom 2 Vision+, DJI Phantom 3+ DJI Inspire+

DJI S900/S1000 Professional UAS, which utilize a barometric pressure sensor,

GPS equipment and a radio commun ications 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 gro und level (AGL), Innova Flight seeks the requested

relief because the DJI Phantom 2 Vision+, DJI Phantom 3+ DJI Inspire+ DJI S900/S1000

Professional UA’s altimeter may be set on the ground to zero feet AGL, rather than the

local barometric pressure or f ield 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 herei n, an equivalent level of safety will be maintained since The DJI

Phantom 2 Vision+, DJI Phantom 3+ DJI Inspire+ DJI S900/S1000 Professional UAS are

equipped with a barometric pressure sensor and GPS equipment, which automatically09/12/ 2015 Copyright Protected Page 13

ensures that a ground l evel 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 Innova Flight s eeks and the r eason Inn ova Flight s eeks r elief From

Section 91.151(b). Relief from Section 91.151(b) entitled f uel requirements for flight in

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

DJI Phantom 2 Vision+, DJI Phantom 3+ DJI Inspire+ DJI S900/S1000 Professional

UAS during daylight hours in visual meteorological conditions (VMC), under visual

flight rules (VFR), for a total duration of 13.5 minutes to the first point of intended

landing and, assuming normal cruising speed, to fly after that for at least 4.5 minu tes.

Innova Flight 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+, DJI

Phantom 3+ DJI Inspire+ DJI S900/S1000 UA will severely constrain the practicality of

a ny aerial video or still photo flight operations that Innova Flight proposes to conduct

pursuant to this Petition. Significantly, as set forth below, the technical specifications of

The DJI Phantom 2 Vision+, DJI Phantom 3+ DJI Inspire+ DJI S900/S1000 Prof essional

UAS operating documents, and Innova Flight proposed operating limitati ons, ensure that

Innova Flight will safely operate the battery powered DJI Phantom 2 Vision+, DJI

Phantom 3+ DJI Inspire+ DJI S900/S1000 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 Innova Flight Seeks and the Reason Innova Flight s eeks Relief f rom

Section 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), a n d 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, Innova Flight

requests relief from these Sections because the DJI Phantom 2 Vision+, DJI Phantom 3+

DJI Inspire+ DJI S900/S1000 Professional UAS do not require airworthiness certi ficates.

As set forth more fully below, The DJI Phantom 2 Vision+, DJI Phantom 3+ DJI

Inspire+ DJI S900/S1000 Professional UAS meet the conditions of FMRA Section 333

for operation without an airworthiness ce r t i f i c a t e

. A cc o r d in g l y

, Innova Flight w il l u s e

t r a in e d t ec hn i c i a ns to perform maintenance, alterations, or preventive maintenance on the

UAS using the methods, techniques, and practices prescribed in the UAS operating

documents (i.e., the Innova Flight Aerial Operations Manual, Monthly Maintenance09/12/ 2015 Copyright Protected Page 14

Lo g, and DJI Phantom 2 Vision+, DJI Phantom 3+ DJI Inspire+ DJI S900/S1000

Professional Instruction Manual). Furthermore, Innova Flight will document and

maintain all maintenance records for t he DJI Phantom 2 Vision+, DJI Phantom 3+ DJI

Inspire+ DJI S900/S10 00 UAS.

D. The R e a s ons W

hy G r anting Innova Flight Request W ould B e I n The P ublic I

nte r e s t;

That I s

, H o w I t W ould B e n e f it The P ublic A s A W

hole.

Granting the present Petition will further the public interest by allowing Innova Flight

too s a f e l y

, e f f i c i e n t l y

, a n d ec o n o mi c a lly p e r f

o r m ae r i a l v i d e o a n d p h o t o g r a phy of

real estate, special events, film sets, and landscape over certain areas of the United

States. Additionally, use of The DJI Phantom 2 Vision+, DJI Phantom 3+ DJI

Inspire+ DJI S900/S1000 Profession al UAS will decrease congestion of the NAS,

reduce pollution, and provide significant benefits to the ec o n o m y

. N o t a b l y

, t h e

b e n e f i t s o f Innova Flight’s p r o p o s e d o p e r a t i o n o f The DJI Phantom 2 Vision+, DJI

Phantom 3+ DJI Inspire+ DJI S900/S1000 UAS will be realized without

implicating any privacy issues.

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

The DJI Phantom 2 Vision+, DJI Phantom 3+ DJI Inspire+ DJI S900/S1000 Professional

UA are battery powered and serve as a safe, efficient, and economical alternative to the

manned aircraft traditionally utilized to obtain aerial i m a g e r y

. By reducing the amount of

manned aircraft needed to perform aerial acquisitions, an exemption allowing the use of a

DJI Phantom 2 Vision+, DJI Phantom 3+ DJI In spire+ DJI S900/ S1000 Professional 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 ai rcraft operating in the NAS,

congestion around airports caused by arriving and departing aircraft will be reduced.

The DJI Phantom 2 Vision+, DJI Phantom 3+ DJI Inspire+ DJI S900/S1000 Professional

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

conducting aerial video and photography missions would result in fewer aircraft that

must be handled by air traffic control during the ground, takeoff, departure, arrival, and

landing phases of flight operations.

2. The Publ ic Will Benefit From The Safety And Efficiency Of The DJI Phantom 2

Vision+, DJI Phantom 3+ DJI Inspire+ DJI S900/S1000 UAS.09/12/ 2015 Copyright Protected Page 15

Conducting aerial acquisitions with The DJI Phantom 2 Vision+, DJI Phantom 3+ DJI

Inspire+ DJI S900/S1000 Professional UAS, inste ad 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 Phan tom 2 Vision+, DJI Phantom

3+ DJI Inspire+ DJI S900/S1000 Professional UAS produce no air pollution, and is

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

internal combustion engine aircraft that a r e t y p i c a lly u t ili z e d f

o r ae r i a l v i d e o a n d

p h o t o g r a p h y

, w hi l e b u r n i ng approximately 20

- 30 gallons per hour of leaded aviation

fuel. The DJI Phantom 2 Vision+, DJI Phantom 3+ DJI Inspire+ DJI S900/S1000

Professional UA, while reducing the carbon footprint of aerial acquisitio ns, also

eliminates noise pollution, as the UAS are propelled by battery powered electric

motors, rather than an internal c ombustion engine. By using The DJI Phantom 2

Vision+, DJI Phantom 3+ DJI Inspire+ DJI S900/S1000 Professional UAS to perform

aerial a cquisitions, the substantial risk to life and property in the air and on the ground,

which is usually associated with traditional manned aircraft flight operations, will be

substantially reduced or completely eliminated. Aside from the lack of flight crew

members located onboard the aircraft, The DJI Phantom 2 Vision+, DJI Phantom 3+

DJI Inspire+ DJI S900/S1000 UAS (weighing approximately 2 pounds 11 ounces and

6 pounds 7.5 ounces respectively, at their maximum gross weights with lengths of 16

inches and 1 7.3 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

cond uct 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+, DJI Phant om 3+ DJI Inspire+ DJI S900/S1000 UAS Will Benefit the

Economy.

In addition to being safe and efficient, The DJI Phantom 2 Vision+, DJI Phantom 3+

DJI Inspire+ DJI S900/S1000 Professional is also an economical alternative to using

manned aircraft to condu ct similar aerial operations. As such, operation of The DJI

Phantom 2 Vision+, DJI Phantom 3+ DJI Inspire+ DJI S900/S1000 Professional UAS

will allow United States based companies, like Innova Flight, to remain competitive and09/12/ 2015 Copyright Protected Page 16

contribute to growth of th e U.S. economy. Sp e c i f i c a l l y

, with the rising cost of aviation

fuel and the Environmental Protection Agency (“EPA”) regulatory actions phasing out

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

alternative technology in order t o remain competitive. Operating the battery powered

DJI Phantom 2 Vision+, Phantom 3 Professional UAS is one such technology that not

only allows companies greater operational flexibility compared to manned aircraft, but

provides such flexibility without t he high operational cost of a traditional manned

aircraft. By operating The DJI Phantom 2 Vision+, DJI Phantom 3+ DJI Inspire+ DJI

S900/S1000 Professional UAS, companies such as Innova Flight, can remain

competitive and profitable, and therefore, provide g reater job stability to employees

and contractors, which will ultimately contribute to growth of the U.S. economy.

Improved financial performance of U.S. companies, through commercial use of the DJI

Phantom 2 Vision+, DJI Phantom 3+ DJI Inspire+ DJI S900/S 1000 Professional UAS,

provides a stable workforce that increases consumer spending; improves local, state,

and federal tax revenues; and allows companies to invest in research and development

in order to remain competitive both in the United States and ab road.

4. There Are No Privacy Issues.

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

decades, Innova Flight proposed operation of The DJI Phantom 2 Vision+, DJI Phantom

3+ DJI Inspire+ DJI S900/S1000 UAS will not i mplicate any privacy issues. Specifically,

The DJI Phantom 2 Vision+, DJI Phantom 3+ DJI Inspire+ DJI S900/S1000 Professional

UAS will be operated only in compliance with operating documents (i.e., the Innova

Flight Aerial Operations Manual, Monthly Maint enance Log, and DJI Phantom 2 Vision+,

DJI Phantom 3+ DJI Inspire+ DJI S900/S1000 Professional Instruction Manual) which

requires property owner involvement as well as local law enforcement notification, and in

accordance with the Federal Aviation Regulati ons, including the minimum altitude

requirements of 14 C.F.R. § 91.119.

E. The Reasons Why Granting The Exemption W o uld Not Adversely Affect Safety, Or

H o w The E xe mption W

ould P r o v ide A L eve l O

f Sa f e ty A t L e a s t E qual T

o That Provided

By The Rule From Which I nnova Flight Seeks Exemption.

1. Reasons Why The DJI Phantom 2 Vision+, DJI Phantom 3+ DJI Inspire+ DJI

S900/S1000 Professional UAS Meet The Conditions o f The FAA Modernization and

Reform Act of 2012 (FMRA) Section 333. In consideration of the size, weight, s peed,

and limited operating area associated with the unmanned aircraft and its operation,09/12/ 2015 Copyright Protected Page 17

Innova Flight operation of The DJI Phantom 2 Vision+, DJI Phantom 3+ DJI Inspire+

DJI S900/S1000 Professional UAS meet the conditions of FMRA Section 333, and wil l

not require an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H.

Section 333 provides authority for a UAS to operate without airworthiness certification

and sets forth requirements for considering whether a UAS will create a h a z a r d to u s e r s

o f t h e N A S o r t h e publ i c

, o r o t h e r w i s e p o s e a t h r ea t to n a t i o n a l s ec u r i t y

.

Specifically, FMRA Section 333 states the following, in part:

(a) In General.

-- Notwithstanding any other requirement of this subtitle, and not

later t han 180 days after the date of enactment of this Act, the Secretary of Transportation

shall determine if certain unmanned aircraft systems may operate safely in the national

airspace system before completion of the plan and rule

- making required by section 332 of

this Act or the guidance required by section 334 of this Act.

(b)Assessment of Unmanned Aircraft Systems.

-- In making the

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

--

1. which types of unmanned a ircraft systems, if any, as a result of their s i ze , w e i g h t

,

s p ee d, o p e r a

t i o n a l ca p a bil i t y

, p r o x i mi t y t o a i

rp o r t s a n d 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 id entified under paragraph (1).

(c)Requirements for Safe Oper ation. If the Secretary determines under this

section that certain unmanned aircraft systems may operate safely in the national airspace

system, the Secretary shall establish req uirements for the safe operation of such aircraft

systems in the national airspace system. In seeking this exemption, Innova Flight submits

that The DJI Phantom 2 Vision+, DJI Phantom 3+ DJI Inspire+ DJI S900/S1000

Professional UAS can operate safely in t he NAS pursuant to FMRA Section 333, as

demonstrated by:

(a) the characteristics of The DJI Phantom 2 Vision+, DJI Phantom 3+ DJI

Inspire+ DJI S900/S1000 Professional UAS;

(b) the pilot cer tification requirement; and

(c) the specific operating limitations.09/12/ 2015 Copyright Protected Page 18

a. The Specifications of The DJI Phantom 2 Vision+, DJI Phantom 3+ DJI Inspire+

DJI S900/S1000 Professional UAS Demonstrate Its Safe Characteristics.

The DJI Phantom 2 Vision+, DJI Phantom 3+ DJI Inspire+ DJI S900/S1000 Professional

UAS does not create a hazard to users of the NAS or the public, or otherwise pose a threat

to national s ec u r it y c o n s i d e r i ng it s s i z e , w e i g h t

, s p ee d, a n d o p e r a t i o n a l ca p a b i l it y

.

1. Technical Specifications of The DJI Phantom 2 Vision+, DJI Phantom 3+ DJI

Inspire+ DJI S900/S1000 Professional UAS. The technical specifications of The DJI

Phantom 2 Vision+, DJI Phantom 3+ DJI Inspire+ DJI S900/S1000 P rofessional

UAS are set forth by The DJI Phant om 2 Vision+, DJI Phantom 3+ DJI Inspire+

DJI S900/S1000 Professional Specifications and Data Sheet, attached hereto as

Exhibit A.

2. The DJI Phantom 2 Vision+, DJI Phantom 3+ DJI Inspire+ DJI S900/S1000

Professional UAS Autonomous Flight and Navigation M odes Enable the UAS to Remain

Within a Defined Operational Area. The DJI Phantom 2 Vision+, DJI Phantom 3+ DJI

Inspire+ DJI S900/S1000 Professional UAS may be operated in both manual and fully

autonomous flight modes. A complete description of the flight a nd navigational modes

of The DJI Phantom 2 Vision+, DJI Phantom 3+ DJI Inspire+ DJI S900/S1000 UAS is

provided at pages 25

- 35 of the DJI Phantom 2 Vision+, User Manual, attached hereto as

Exhibit B & D (Phantom 3 User Manual will be available after May 15, 2015; however,

is very similar to DJI Phantom 2 Vision+ User Manual).

3. The DJI Phantom 2 Vision+, DJI Phantom 3+ DJI Inspire+ DJI S900/S1000

Professional UAS a

re designed f

or Automatic Return to Home Point or Hover In The event

Of Loss of the Control L

ink or Navigation. When the Control Link is lost, t h e D J I P h a n t o m

2 V i s i o n + U A w ill r e m a i ns s t a t i o n a r y

, i n f l i g h t

, f o r 3 seconds or more. If, after 3 seconds,

The DJI Phantom 2 Vision+, DJI Phantom 3+ DJI Inspire+ DJI S900/S1000

Professional UA does not re acquire control link data from the GCS, the UA will assume

that the Control Link is lost and the UA 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 Failsaf

e Functions of The DJI Phantom 2 Vision+, DJI Phantom 3+

DJI Inspire+ DJI S900/S1000 Professional UAS are set forth at 27 through 29 of the DJI

Phantom 2 Vision+, (Phantom 3) Professional User Manual, attached hereto as B & D.09/12/ 2015 Copyright Protected Page 19

4. The D JI Phantom 2 Vision+, DJI Phantom 3+ DJI Inspire+ DJI S900/S1000

Professional GCS and Its Operation. A complete description of the operation and

specifications of The DJI Phantom 2 Vision+, DJI Phantom 3+ DJI Inspire+ DJI

S900/S1000 GCS and flight control software is provided at pages 32 through 43 of the

DJI Phantom 2 Vision+, (Phantom 3) Professional User Manual. DJI Phantom 2 Vision+

User Manual is attached hereto as Exhibit B & D.

b. Flight Operations Of DJI Phantom 2 Vision+, DJI Phantom 3+ DJI Inspire + DJI

S900/S1000 Professional UAS Are Limited To The Line Of Sight Of A Certificated

Pilot in Command W i t h A Sa f e t y O b s e r

v e r

.

Innova Flight will only utilize certificated pilots who possess a current and valid airman

medical certificate to act as a pilot in command (PIC) of The DJI Phantom 2 Vision+, DJI

Phantom 3+ DJI Inspire+ DJI S900/S1000 Professional UAS. Additionally, a safety

observer will assist all pilots during flight time.

c. Flights Of DJI Phantom 2 Vision+, DJI Phantom 3+ DJI Inspire+ DJI S90 0/S1000

Professional UAS Will Be Conducted Pursuant To Specific Operating Limitations.

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

Phantom 3+ DJI Inspire+ DJI S900/S1000 Professional UAS for the special purpose of

conducting aerial video and photography over certain areas of United States, pursuant to

the following specific operating limitations:

1. Operations authorized by this grant of exemption will be limited to the following

aircraft described in the opera ting documents, rotorcraft UASs weighing less than 55

pounds maximum gross weight: DJI Phantom 2 Vision+, DJI Phantom 3+ DJI Inspire+

DJI S900/S1000 Professional Unmanned Aircraft System. Proposed operations of any

other aircraft will require a new petitio n or a petition to amend this grant.

2. UAS operations unde r this exemption will be to conduct operations for the purpose of

real estate videography, photography, music video production, special event production

and film, television production, aerial mapp ing, aerial video and photography power line

inspection and search and rescue. Additionally, aerial video and photography may be

conducted on occasional basis for film and television sets, special events and landscape

photography, conducting power line ins pection, aerial mapping, surveying as deemed

necessary.

3. The UAS may not be flown at an indicated airspeed exceeding 29 knots (15 m/s).09/12/ 2015 Copyright Protected Page 20

4. The UAS must be operated at an altitude of no more than 3 00 (500 per the User

Manual) feet above ground level (A GL), as indicated by the procedures specified in the

operating documents unless a special request is made and approved by ATC. All altitudes

reported to ATC must be in feet AGL.

5. The UAS must be operated within visual line of sight (VLOS) of the PIC at all times.

This requires the PIC to be able to use human vision unaided by any device other than

corrective lenses, as specified on the PIC’s FAA

- issued airman medical certificate.

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

7. All operations must utilize a safety observer (SO). The SO may be used to satisfy the

VLOS requirement as long as the PIC always maintains VLOS capability. The SO and

PIC must be able to communicate verbally at all times. Electronic messaging or texting is

not permitted during flight operations. The PIC must be designated before the flight and

cannot transfer his or her designation for the duration of the flight. The PIC must ensure

that the SO can perform the functions prescribed in the operating documents.

8. The SO must not perform any other duties beyond assisting the PIC with seeing and

avoiding other air traffic and other ground based obstacles/obstructions and is not

permitted to operate the camera or other instruments.

9. The operating documents and the grant of exemption must be accessible during UAS

operations and made available to the Administrator upon request. If a discrepancy exists

between the conditions and limitations contained in the grant of exemption and the

pr ocedures 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 m ay

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 petitio ns for

extension or amendment to the grant of exemption. If the operator determines that any

update or revision would affect the basis upon which the FAA granted the exemption,

then the operator must petition for 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.09/12/ 2015 Copyright Protected Page 21

10. Prior to each flight the PIC must inspect the UAS to ensure that it is in a condition for

safe flight. If the inspecti on 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 i ncluded in the preflight inspection. All maintenance and alterations must

be properly documented in the aircraft records.

11. Any UAS that has undergone maintenance or alterations that affect the UAS

operation or flight characteristics, e.g. replacement of a flight critical component, must

undergo a functional 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.

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

requirements, in accordance with the operating documents. Maintenance, inspection,

alterations, and status of replacement/overhaul component parts must be noted in the

airc raft records, including total time in service, description of work accomplished, and

the signature of the authorized person returning the UAS to service.

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

Bulletins.

16. The authorized person must make an entry in the aircraft record of the corrective

action taken against discrepancies discovered between inspections.

17. The PIC must possess at least a Supplemental Pilot certificate and at least a current

third

- class m edical certificate. Supplemental pilots must have, at a minimum,

successfully completed private pilot ground school. Additionally, supplemental pilots

without a current FAA private pilot certificate must have successfully passed the private

pilot, commerci al pilot, or airline transport pilot knowledge test within the past 24

calendar months.09/12/ 2015 Copyright Protected Page 22

18. The operator may not permit any PIC to operate unless the PIC meets the operator’s

qualification criteria and demonstrates the ability to safely operate the UAS in a 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 dedicated 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 accordance with 14 C.F.R. § 91.119.

19. UAS o perations 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

a rea 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

denoted 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 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

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.09/12/ 2015 Copyright Protected Page 23

25. The operator mu st 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 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 with 14 C.F.R. part 45, Subpart C. Markings must be as

l arge 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

up on request.

29. The UAS 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. Flight operations must be conducted at least 500 feet from all nonparticipating

persons (persons other than the PIC, SO, operator trainees or essential persons), vessels,

vehicles, and structures unless:

a. Barriers or structures are present that sufficiently protect nonparticipatin g 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;

b. The aircraft is operated near vessels, vehicles or structures where the

owner/controller of such vessels, vehicles or structures has granted permission and the09/12/ 2015 Copyright Protected Page 24

PIC has made a safety assess ment 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 f or each flight to be

conducted.

33. Any incident, accident, or flight operation that transgresses the lateral or vertical

boundaries of the operational area as defined by the applicable COA must be reported to

the FAA's UAS Integration Office (AFS

- 80) wi thin 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.

Innova Flight 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+, DJI Phantom 3+ DJ I Inspire+ DJI S900/S1000 Professional UAS unless that

PIC has demonstrated, by meeting Innova Flights Standard Operating Procedures (SOP).

Every Innova Flight PIC will safely operate The DJI Phantom 2 Vision+, DJI

Phantom 3+ DJI Inspire+ DJI S900/S1000 Professional UAS in a manner consistent with

the exemption including evasive and emergency maneuvers and maintaining appropriate

distances from people, vessels, vehicles and structures.

Considering Innova Flight proposed area of operations, and the oper ating limitations set

forth

- above; the parallel nature of private pilot aeronautical knowledge requirements to

those of commercial pilot requirements (See Exemption No. 11062); and the airmanship

skills necessary to safely operate The DJI Phantom 2 Vision+ , DJI Phantom 3+ DJI

Inspire+ DJI S900/S1000 Professional UAS, Innova Flight submits that the additional

manned airmanship experience of a commercially certificated pilot would not correlate to

the airmanship skills necessary for Innova Flight specific p roposed flight operations.

The FAA has previously granted relief from Section 61.113(a) and (b) specific to UAS,

in circumstances similar, in all material respects, to those presented herein (e.g.09/12/ 2015 Copyright Protected Page 25

Exemption Nos. 11062, 11063, 11064, 11065, 11066, 11067 , 11080, 11109, 11110,

11112, 11136, 11138, 11150, 11153, 11156, 11158, 11159, 11160, 11161).

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, Innova Flight will ensure that The DJI Phantom 2 Vision+, DJI

Phantom 3+ DJI Inspire+ DJI S900/S1000 Professional UAS is in an airworthy condition

based upon the UAS’s compliance with its operating docu ments and as stated in the

conditions and limitations herein. Additionally, the FAA has previously granted relief

from Section 91.7(a) specific to UAS, in circumstances similar, in all material respects, to

those presented herein (e.g. Exemption Nos. 11062 , 11063, 11064, 11065, 11066, 11067,

11080, 11109, 11110, 11112, 11136, 11138, 11150, 11153, 11156, 11157, 11158, 11159,

11160, 11161).

4. Reasons Why an Exemption from the Requirements of Section 91.121 Would Not

Adversely Affect Safety.

The equivalent le vel of safety established by Section 91.121 will be maintained because

the altitude information of The DJI Phantom 2 Vision+, DJI Phantom 3+ DJI Inspire+

DJI S900/S1000 Professional UA will be provided to the PIC via GPS equipment and a

radio communication s 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

Innova Flight’s operation of The DJI Phantom 2 Vision+, DJI Phantom 3+ DJI Inspire+

DJI S900/S1000 Professional 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

al titude 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.1 1062,

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 e xemption would ensure an equivalent level of safety established by14

C.F.R. Section 91.151(b) as a result of (1) the technical specifications of The DJI

Phantom 2 Vision+, DJI Phantom 3+ DJI Inspire+ DJI S900/S1000 Professional UAS;09/12/ 2015 Copyright Protected Page 26

(2) the limitations o n the proposed flight operations; and (3) the location of the proposed

flight operations. Accordingly, Innova Flight will ensure that it will safely operate the

battery powered DJI Phantom 2 Vision+, DJI Phantom 3+ DJI Inspire+ DJI S900/ S1000

Professional UA during daylight hours in VFR conditions, with enough battery power to

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

normal cruising speed, to fly after that for at least 4.5 minutes. Here, as in Exemption No.

11109, the technical specifications of The DJI Phantom 2 Vision+, DJI Phantom 3+ DJI

Inspire+ DJI S900/S1000 Professional UAS; the limitations on the proposed flight

operations; and the location of the proposed operations, will ensure an equivalent le vel of

safety established by 14 C.F.R. Section 91.151(b). Furthermore, safety will be ensured as

The DJI Phantom 2 Vision+, DJI Phantom 3+ DJI Inspire+ DJI S900/S1000 Professional

UAS provide audible and visual warnings to the PIC at the GCS when the UAS

e xperiences 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 2 Vision+, DJI Phantom 3+ DJI Inspire+

DJ I S900/S1000 UAS will descend and land automatically. Significantly, previous

exemptions granted by the FAA concerning Section 91.151establish that safety is not

adversely affected when the technical characteristics 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 granted 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,

111 61).

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, Innova Flight submits that the equivalent level of safet y 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) wil l be met because

Innova Flight will use trained technicians to perform maintenance, alter ations, or

preventive maintenance on the UAS using the methods, techniques, and practices

prescribed in the operating documents (i.e., the Innova Flight Aerial Operations Manual,

Monthly Maintenance Log, and DJI Phantom 2 Vision+, DJI Phantom 3+ DJI Inspi re+ DJI

S900/S1000 Professional Instruction Manual). Furthermore, Innova Flight will document09/12/ 2015 Copyright Protected Page 27

and maintain all maintenance records for The DJI Phantom 2 Vision+, DJI Phantom 3+

DJI Inspire+ DJI S900/S1000 Professional UAS. Since The DJI Phantom 2 Vision+ , DJI

Phantom 3+ DJI Inspire+ DJI S900/S1000 Professional UAS will be inspected as

prescribed by the oper ating documents, Innova Flight will maintain the equivalent level

of safety established by Sections 91.405(a), 91.409(a)(1), and 91.409(a)(2). A copy o f the

DJI Phantom 2 Vision+ User Manual is attached hereto as Exhibit B & D; a copy of The

DJI Phantom 2 Vision+, DJI Phantom 3+ DJI Inspire+ DJI S900/S1000 UAS

Maintenance LOG is attached hereto as Exhibit C. Likewise, the exemption sought will

not adver sely affect safety because Innova Flight will use trained technicians to perform

maintenance, alterations or preventive maintenance on the UAS using the methods,

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

exemption so ught 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

Vision+, DJI Phantom 3+ DJI Inspire+ DJI S900/S1000 Professional UAS will be

performed by trained techni cians. 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 Innova Flight

proposed operating limitations, the operating documents, and the technical aspects of the

DJI Phantom 2 Visi on+, DJI Phantom 3+ DJI Inspire+ DJI S900/S1000 Professional

UAS, Innova Flight 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 FA A 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 Conditions, Innova Flight req uests that

the FAA prescribe special conditions for the intended operation of the DJI Phantom 2

Vision+, DJI Phantom 3+ DJI Inspire+ DJI S900/S1000 Professional UAS, which contain

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

equivalent to that established by 14 C.F.R. Part 21, Subpart H, and 14 C.F.R §§ 61.113(a)

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

91.417(a) & (b). Such special conditions will permit safe op eration of the UAS for the09/12/ 2015 Copyright Protected Page 28

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 use rs 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 operati on 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+, DJI Phantom 3+ DJI Inspire+ DJI S900/S1000

Professional UAS, since the airworthiness regulatio ns 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 unusual design feature of the aircraft, aircraft engine or propeller,

he prescribes special conditio ns 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 safe ty equivalent to that established in the regulations. See 14 C.F.R.

§ 21.16. Therefore, in accordance with FMRA Section 333 and 14 C.F.R. § 21.16, the

FAA may prescribe special conditions for Innova Flight ’s intended operation of The DJI

Phantom 2 Vision+ , DJI Phantom 3+ DJI Inspire+ DJI S900/S1000 UAS, which contain

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

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

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

(a)(2), and 91.417(a) & (b).

8. A Summary That Can Be published In the Federal Register, stating: The Rules from

which Innova Flight Seeks Exemption:

Innova Flight seeks exem ption 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 Innova Flight Seeks : This

exemption will p ermit Innova Flight to commercially operate an Unmanned Aircraft

System (UAS) for the purpose of conducting aerial video and photography over certain

areas of the United States.09/12/ 2015 Copyright Protected Page 29

9. Any Additional Information, Views, Or Arguments Available To Support UAV

FM RA Section 333

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, Innova Flight 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. 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. As discussed in detail above, Innova Flight will

operate the DJI Phantom 2 Vision+, DJI Phantom 3+ DJI Inspire+ DJI S900 /S1000

Professional UAS safely in the NAS, without creating a hazard to users of the NAS, or

the public, or otherwise pose a threat to national security.

CONCLUSION

As set forth herein, Innova Flight seeks an exemption pursuant to 14 C.F.R. § 11.61 and

S ection 333 of the FAA Modernization and Reform Act of 2012 (FMRA), which will

permit safe operation of The DJI Phantom 2 Vision+, DJI Phantom 3+ DJI Inspire+ DJI

S900/S1000 Professional UAS commercially, without an airworthiness certificate, for the

limite d purpose of conducting aerial video and photography over certain areas of the

United States. By granting this Petition, the FAA Administrator will be fulfilling the

Congressional mandate of the FAA Modernization and Reform Act of 2012, while also

advancin g the interests of the public, by allowing Innova Flight to safely, efficiently, and

economically operate The DJI Phantom 2 Vision+, DJI Phantom 3+ DJI Inspire+ DJI

S900/S1000 Professional UAS commercially within the NAS.

WHEREFORE, in accordance with th e Federal Aviation Regulations and the FAA

Modernization and Reform Act of 201 2, Section 333, Innova Flight 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 Innova Flight to operate the DJI

Phantom 2 Vision+, DJI Phantom 3+ DJI Inspire+ DJI S900/S1000 Professional UAS

commercially for the purpose of conducti ng aerial video and photography of Real Estate

Properties as well as filming of special events, film sets, scripted and unscripted

television sets and landscape as well as conducting power line inspection, aerial mapping,

surveying and search and rescue ov er certain areas of the United States.09/12/ 2015 Copyright Protected Page 30

Appendixes:

A

– DJI Phantom 2 Vision+ Specifications Data Sheet

B

– DJI Phantom 2 Vision+ Manufacturer’s User Manual

C

– DJI Phantom 3 Professional Specifications Data Sheet

D

– DJI Phantom 3 Manufacturer’s User Manual

E

– Monthly Maintenance Log

APPENDIX

– A

DJI PHANTOM 2 VISION+ TECHNICAL SPECIFICATIONS

Innova Flight only utilizes safe and reliable UASs. DJI is an industry leader in small UAS

production. DJI UASs are loaded with ground breaking software e nabling 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+

1.1.1 Aircraft

1.1.1.1 Supported Battery

– DJI 5200mAH LiPo Battery

1.1.1.2 Weight (Ba ttery & 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 Spe ed

– 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

1.1.2.3 Controllable Range

– Pitch:

- 90 0

- 0 0

1.1.2.4 Maximum Angular 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 UAV Page 37

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 /85 009/12/ 2015 Copyright Protected Page 31

1.1.4 Transmitter

1.1.4.1 Operating 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

- 2462MHz

1.1.5.2 Communication Distance (unobstructed)

– 500

- 700m

1.1.5.3 Transmitter Power

– 20dBm

1.1.5.4 Power Consumption

– 2W09/12/ 2015 Copyright Protected Page 32 APPENDIX

- B

DJI Phantom 2 Vi sion+ Manufacturer's User Manual

(uploaded in a separate attachment, a 72

- page document)09/12/ 2015 Copyright Protected Page 33 APPENDIX

– C

DJI PHANTOM 3 TECHNICAL SPECIFICATIONS AIRCRAFT

Weight (In cluding Battery and Propellers)

1280 g Diagonal Size (Including Propellers)

590 mm Max Ascent Speed 5 m/s Max Descent Speed 3 m/s Hover Accuracy

• Vertical: +/

- 10cm

• Horizontal: +/

- 1m

Gps Mode GPS/GLONASS

Max Speed 16 m/s (ATTI mode, no wind)

Max Altitude above Sea Level 6000 m

Operating Temperature 0°C to 40°C

GIMBAL

Controllable Range Pitch

- 90° to +30° Stabilization 3

- axis (pitch, roll, yaw)

REMOTE CONTROLLER

Operating Frequency 2.400 GHz

- 2.483 GHz

Max Distance 2000m (outdoors and unobstr ucted) Video Output Port USB

Operating Temperature 0°C

- 40°C

Battery 6000 mAh LiPo 2S Mobile Device Holder For tablet or phone Receiver

Sensitivity (1%Per)

- 101 dBm ±2 dBm Transmitter Power (Eirp)

• FCC: 20 dBm

• CE: 16 dBm

Working Voltage 1.2 A @7.4 V

BATTERY CHARGER

Voltage 17.4 V Rated Power Phantom 3 Professional 100 W

INTELLIGENT FLIGHT BATTERY

Capacity 4480 mAh Voltage 15.2 V Battery Type LiPo 4S Energy 68 Wh Net Weight

365 g

Max Flight Time Approximately 23 minutes

Operating Temperature

- 10° C to 40°C Max Charging Power 100 W09/12/ 2015 Copyright Protected Page 34 APPENDIX

– D

DJI Phantom 3 Professional Manufacturer’s User Manual

(uploaded in a separate attachment, a 58

- page document)