UNITED STATES OF AMERICA DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION

WASHINGTON, DC

Regulatory Docket No. _______________

IN THE MATTER OF THE PETITION FOR EXEMPTION OF: David C. DeGroff
FOR AN EXEMPTION SEEKING RELIEF FROM THE REQUIREMEN TS 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 INSPIRE 1 UNMANNED AIRCRAFT S YSTEMS

PURSUANT TO SECTION 333 OF THE FAA MODERNIZATION AND REFORM ACT OF 2012

(PUBLIC LAW 112-95)

Submitted on October 27, 2015

David C DeGroff 1006 County Road 1445 Sulphur Springs, Texas 75482-9129

214-295-6498TABLE OF CONTENTS

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

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

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

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

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

................................................... ........................................ - 28 -i 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
FMRA FAA Modernization and Reform Act of 2012
GCS Ground Control Station GPS Global Positioning System
LOL Loss of Link NAS National Airspace System
NOTAM Notice to Airman
PIC Pilot In Command
Section 333 Section 333 of FMRA 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 Landing1 SUMMARY

David C DeGroff seeks exemption from the requireme nts 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 Sec tion 333 of the FAA Modernization and Reform Act of 2012 (FMRA). This exemption will permit Davi d C DeGroff to operate an Unmanned Aircraft System (UAS) for the commercial purpose of conducti ng aerial video and photography of construction sites, real estate, and landscape over certain area s of the United States to be used in weddings, spec ial events, sporting events, inspection purposes, real estate and news reports over certain areas of the
United States.2 INTRODUCTION AND INTERESTS OF THE PETITIONER

My name is David C DeGroff, I am 61 years old, wit h a 40+ year information systems career. My areas of interests include information systems ( including software development and systems integration), skiing, journalism, public speaking, and producing professional video for a variety of
different clientele. The objective is to start up a small business to p rovide high quality imaging for a variety of commercial and public uses, specifically targeting:

• Utilization for visual inspection of home roofs and towers.

• Agriculture field analysis and livestock management

.

• Coverage for local Media Outlets.

• Video for Real Estate assessments.

• Digital Mapping.3 BACKGROUND

Unmanned Aircraft Systems: DJI Phantom 2, DJI Inspi re 1 UASs

David C DeGroff seeks an exemption to operate DJI systems for compensation or hire within the NAS. The DJI Phantom 2 and DJI Inspire 1 are ve rtical takeoff and landing (VTOL) Unmanned Aircraft (UA) with a Ground Control Station (GCS) u tilizing electronic tablet or smart phone systems. The DJI Phantom 2 has a maximum gross weight of app roximately 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 Inspire 1 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 Inspire 1 UAs are equipped with f our main rotors; driven by Lithium Polymer battery powered electric motors. The DJI Phantom 2 and DJI Inspire 1 UAs that will be operated by David C DeGroff 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

.4 BASIS FOR PETITION

Petitioner, David C DeGroff, pursuant to the provi sions of the Federal Aviation Regulations (14 C.F.R. § 11.61) and the FAA Modernization and Refor m Act of 2012 (FMRA), Section 333, Special Rules for Certain Unmanned Aircraft Systems , hereby petitions the Administrator to commerciall y operate the DJI Phantom 2 , DJI Inspire 1 UASs in t he National Airspace System (NAS), and for an exemption from the requirements of 14 C.F.R §§ 61.1 13(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 l imited operating area associated with the unmanned aircraft and its operation, David C DeGrof f operation of DJI Phantom 2 and DJI Inspire 1
UASs meets the conditions of FMRA Section 333 and t herefore, will not require an airworthiness certificate in accordance with 14 C.F.R. Part 21, S ubpart H. Accordingly, David C DeGroff requests relief from Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b), as thes e sections set forth requirements for maintenance that only apply to aircraft with an airworthiness c ertificate. David C DeGroff submits that the requested relief is proper since an equivalent level of safety will be ensured. David C DeGroff will use experien ced 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 Inspire 1 Instruction Manual). Furthermore, David C DeGroff will document and maintain all
maintenance records for the DJI Phantom 2 and DJI I nspire 1 UASs. Relief from certain requirements of Section 61.113 (a) and (b), entitled Private pilot privileges
and limitations: Pilot in command , is requested by David C DeGroff to the extent nec essary to allow a Pilot in Command (PIC) holding a private pilot or h igher level certificate, as well as an airman medic al certificate, and who has demonstrated, by meeting m inimum flight hour and currency requirements, that the PIC is able to safely operate the DJI Phantom 2 and DJI Inspire 1 UASs in a manner consistent with this exemption, including evasive and emergency man euvers and maintaining appropriate distances from people, vessels, vehicles and structures.5

David C DeGroff seeks relief from Section 91.7(a), entitled Civil aircraft airworthiness , because the DJI Phantom 2 and DJI Inspire 1 UASs d o not require an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H. As su ch, David C DeGroff submits that he will ensure that the DJI Phantom 2 and DJI Inspire 1 UASs are i n an airworthy condition, prior to every flight, by determining that the UASs are in compliance with th e operating documents (i.e., Monthly Maintenance Log, and DJI Phantom 2 and DJI Inspire 1 Instructio n Manual), and that the aircraft are in a condition for safe flight. David C DeGroff also seeks an exemption from the r equirements of Section 91.121, entitled Altimeter Settings , as the DJI Phantom 2 and DJI Inspire 1 UAs will n ot have a typical barometric altimeter onboard. However, altitude information of the DJI Phantom 2 and DJI Inspire 1UAs will be provided to the PIC via Global Positioning System ( GPS) equipment and radio communications telemetry data link, which downlinks from the UA to the GCS for active monitoring of the flight path. This altitude information, combined with David C De Groff’s operation of the DJI Phantom 2 and DJI Inspire 1 UASs within visual line of sight, at or b elow 500 feet AGL, will ensure a level of safety equivalent to Section 91.121. Additionally, David C DeGroff seeks an exemption f rom the requirements of Section 91.151(b),
entitled Fuel requirements for flight in VFR conditions . David C DeGroff submits that safety will not be affected by operation of the DJI Phantom 2 and DJI Inspire 1 UAs during daylight hours in visual meteorological conditions (VMC) under visual flight rules (VFR), with enough battery power to fly for a total duration of approximately 13.5 minutes to t he first point of intended landing and, assuming normal cruising speed, to fly after that for at lea st 4.5 minutes.6

In accordance with 14 C.F.R. § 11.81, David C DeGr off 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:

David C DeGroff 1006 County Road 1445 Sulphur Springs, Texas 75482-9129 214-295-6498 Email: dcdegroff@gmail.com

B. The Specific Sections of 14 C.F.R. From Which David C DeGroff Seeks Exemption. 1. David C DeGroff Seeks Exemption from the Require ments of Section 61.113(a) And (b).
Section 61.113, entitled Private pilot privileges a nd 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 carry passengers or property for compensation or hire.

2. David C DeGroff Seeks Exemption From The Requiremen ts 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. David C DeGroff Seeks Exemption From The Requiremen ts Of Section 91.121.
Section 91.121, entitled Altimeter settings, subsec tion (a), states the following, in part:
(a) Each person operating an aircraft shall mainta in the cruising altitude or flight level of that aircraft, as the case may be, by reference to an altimeter that is set, when operating--7 (1) Below 18,000 feet MSL, to--
(i) The current reported altimeter setting of a sta tion along the route and within 100 nautical miles of the aircraft; (ii) If there is no station within the area prescri bed 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 setti ng available before departure.
4. David C DeGroff Seeks Exemption from the Require ments 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 un der VFR conditions unless (considering wind and forecast weather conditions) there is enou gh fuel to fly to the first point of intended landing and, assuming normal cruising spee d, to fly after that for at least 20 minutes.

5. David C DeGroff Seeks Exemption From The Requiremen t 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 prescribe d 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. David C DeGroff Seeks Exemption From The Requiremen ts 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 und ergone maintenance, preventive maintenance, rebuilding, or alteration unless--
(1) It has been approved for return to service by a per son authorized under § 43.7 of this chapter[.]

7. David C DeGroff Seeks Exemption From The Requiremen ts 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 sec tion, no person may operate an aircraft unless, within the preceding 12 calendar months, it has had –8 (1) An annual inspection in accordance with part 43 of this chapter and has been approved for return to service by a person authori zed by § 43.7 of this chapter; or (2) An inspection for the issuance of an airworthin ess certificate in accordance with part 21 of this chapter.
8. David C DeGroff Seeks Exemption from the Require ments of Sections 91.417(a) And 91.417(b).

Section 91.417, entitled Maintenance records , subsections (a) and (b), state the following:
(a) Except for work 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 maintena nce, and alteration and records of the 100-hour, annual, progressive, and other requir ed or approved inspections, as appropriate, for each aircraft (including the airfr ame) and each engine, propeller, rotor, and appliance of an aircraft. The records mu st 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 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 ea ch airframe, engine, propeller, rotor, and appliance. (iii) The time since last overhaul of all items ins talled 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 compl iance, the AD or safety directive number and revision date. If the AD or sa fety directive involves recurring action, the time and date when the next a ction 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.9

(b) The owner or operator shall retain the followin g records for the periods prescribed:
(1) The records specified in paragraph (a)(1) of th is section shall be retained until the work is repeated or superseded by other work or fo r 1 year after the work is performed.
(2) The records specified in paragraph (a)(2) of th is section shall be retained and transferred with the aircraft at the time the airc raft is sold.
(3) A list of defects furnished to a registered own er or operator under § 43.11 of this chapter shall be retained until the defects are re paired and the aircraft is approved for return to service.

C. The Extent Of Relief David C DeGroff Seeks And The Reason David C DeGroff Seeks The Relief.

1. Extent of Relief David C DeGroff Seeks and the Reas on David C DeGroff Seeks Relief from Section 61.113(a) and (b).
Relief from Section 61.113(a) and (b) entitled Private pilot privileges and limitations:
Pilot in command , is requested to the extent necessary to allow a P IC holding a private pilot or higher level certificate, as well as a current a nd valid airman medical certificate, and who has met certain flight-hour and currency requiremen ts, to conduct the proposed UAS flight operations for compensation or hire. This relief is requested since the limitations set forth in Section 61.113(a) and (b) state that a private pilot may, for compensation or hire, act as PIC of an aircraft in connection with any business or employment if: (1) The flight is only incidental to that business or employment; and (2) The aircraft does not carry pas sengers or property for compensation or
hire. As set forth more fully below, David C DeGroff sub mits that an equivalent level of safety will be maintained because no PIC will be al lowed to operate the DJI Phantom 2 UAS or DJI Inspire 1 UAS unless that PIC has met certai n flight-hour and currency requirements, demonstrating that the PIC is able to safely operat e either the DJI Phantom 2 or DJI Inspire 1 UAS in a manner consistent with the operations sp ecifications as described in this exemption, including evasive and emergency maneuver s, as well as maintaining appropriate distances from people, vessels, vehicles and struct ures. Further, David C DeGroff submits that all flights of the DJI Phantom 2 and DJI Inspire 1 UASs, conducted by the PIC pursuant to the grant of this Petition: (1) will be incidental to10

David C DeGroff’s business; and (2) will not carry passengers or property for compensation
or hire.
2. Extent Of Relief David C DeGroff Seeks And The Reas on David C DeGroff 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 David C DeGroff to determi ne that the DJI Phantom 2 and DJI Inspire 1 UASs are in airworthy condition prior to every flight by ensuring that the UAS is in compliance with the operating documents (i.e., M onthly Maintenance Log, and DJI Phantom 2 and DJI Inspire 1 Instruction Manual). David C DeGroff seeks the requested relief because the DJI Phantom 2 and DJI Inspire 1 UASs do not require an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H. Therefore, David C DeGroff will ensure t hat the DJI Phantom 2 and DJI Inspire 1 UASs are in airworthy condition based upon its co mpliance with the operating documents (i.e., Monthly Maintenance Log, and DJI Phantom 2 a nd DJI Inspire 1 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 David C DeGroff Seeks And The R eason David C DeGroff Seeks Relief From Section 91.121.

Relief from Section 91.121, entitled Altimeter set tings, may be required to allow flight operations of the DJI Phantom 2 and DJI Inspire 1 U ASs, which utilize a barometric pressure sensor, GPS equipment, and a radio communi cations telemetry data link to
downlink altitude information from the UA to the PI C at the ground control station (GCS). Since the FAA requires that any altitude informatio n concerning UAS operations be reported to air traffic control (ATC) in feet above ground l evel (AGL), David C DeGroff seeks the requested relief because the DJI Phantom 2 and DJI Inspire 1 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 o perations, relief from 14 CFR 91.121 is sought to the extent necessary to comply with the a pplicable conditions and limitations stated below. As more fully set forth herein, an eq uivalent level of safety will be maintained since the DJI Phantom 2 and DJI Inspire 1 UAs are e quipped with a barometric pressure11

sensor and GPS equipment, which automatically ensur es that a ground level pressure setting will be established prior to each flight, and provi des the PIC with altitude information of the UA on the heads-up display of the GCS.

4. Extent Of Relief David C DeGroff Seeks And The Reas on David C DeGroff Seeks Relief From Section 91.151(b).
Relief from Section 91.151(b) entitled Fuel requir ements for flight in VFR conditions, is requested to the extent required to allow flights o f the battery powered DJI Phantom 2 and DJI Inspire 1 UAs during daylight hours in visual m eteorological 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 minutes. David C DeGroff seeks the requested relief because withou t an exemption from Section 91.151(b), the flight time duration of the battery powered DJI Phantom 2 and DJI Inspire 1 UAs will severely constrain the practicality of any aerial v ideo or still photo flight operations that David C DeGroff proposes to conduct pursuant to thi s Petition. Significantly, as set forth below, the technical s pecifications of the DJI Phantom 2 and DJI Inspire 1 UASs, the DJI Phantom 2 and DJI Inspi re 1 operating documents, and David C DeGroff proposed operating limitations, ensure that David C DeGroff will safely operate the battery powered DJI Phantom 2 and DJI Inspire 1 UAs during daylight hours in visual meteorological conditions (VMC), under visual fligh t rules (VFR), with enough battery power to fly for a total duration of 13.5 minutes t o the first point of intended landing and, assuming normal cruising speed, to fly after that f or at least 4.5 minutes.

5. Extent Of Relief David C DeGroff Seeks And The Reas on David C DeGroff Seeks Relief From Sections 91.405(a), 91.407(a)(1), 91.40 9(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 , David C DeGroff requests relief from
these Sections because the DJI Phantom 2 and DJI In spire 1 UASs do not require airworthiness certificates. As set forth more fully below, the DJI Phantom 2 and DJI Inspire
1 UASs meet the conditions of FMRA Section 333 for operation without an airworthiness
certificate. Accordingly, David C DeGroff will use trained tech nicians to perform maintenance,12

alterations, or preventive maintenance on the UASs using the methods, techniques, and practices prescribed in the UAS operating documents (i.e., the David C DeGroff Aerial Operations Manual, Monthly Maintenance Log, and DJI Phantom 2 and DJI Inspire 1 Instruction Manual). Furthermore, David C DeGroff will document and mai ntain all maintenance records for the DJI Phantom 2 and DJI Inspire 1 UASs.

D. The Reasons Why Granting David C DeGroff Request Would Be In the Public Interest; That Is, How It Would Benefit The Public As A Whole.
Granting the present Petition will further the pub lic interest by allowing David C DeGroff to safely, efficiently, and economically pe rform aerial video and photography of construction sites, real estate, and landscape over certain areas of the United States. Additionally, use of the DJI Phantom 2 and DJI Ins pire 1 UASs will decrease congestion of the NAS, reduce pollution, and provide significa nt benefits to the economy. Notably, the benefits of David C DeGroff’s proposed operation of the DJI Phantom 2 and DJI Inspire 1 UASs will be realized without implicating any priva cy issues.

1. The Public Will Benefit From Decreased Congestion O f The NAS.
The DJI Phantom 2 and DJI Inspire 1 UAs are batter y 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 ma nned aircraft needed to perform aerial acquisitions, an exemption allowing the use of a DJI Phantom 2 or DJI Inspire 1
UAs would reduce the amount of manned aircraft in t he NAS, reduce noise and air pollution, as well as increase the safety of life a nd property in the air and on the ground. Furthermore, by reducing the number of manned airc raft operating in the NAS, congestion around airports caused by arriving and d eparting aircraft will be reduced. The DJI Phantom 2 and DJI Inspire 1 UAs do not require an airport to takeoff or land. Likewise, a reduction of manned aircraft conductin g aerial video and photography missions would result in fewer aircraft that must be handled by air traffic control during the ground, takeoff, departure, arri val, and landing phases of flight operations.13

2. The Public Will Benefit From The Safety And Effi ciency Of The DJI Phantom 2 and DJI Inspire 1 UASs.
Conducting aerial acquisitions with the DJI Phanto m 2 and DJI Inspire 1 UASs, instead of manned aircraft, will greatly benefit th e public by drastically reducing the levels of air and noise pollution generated during traditional aerial video and still photography flight operations. By using battery pow er and electric motors, the DJI Phantom 2 and DJI Inspire 1 UASs produce no air pol lution, and is the most viable environmentally conscious alternative to the cabin class, six cylinder internal combustion engine aircraft that are typically utili zed for aerial video and photography, while burning approximately 20-30 gallons per hour of leaded aviation fuel. The DJI Phantom 2 and DJI Inspire 1 UAs, while reducing th e carbon footprint of aerial acquisitions, also eliminates noise pollution, as t he UAs are propelled by battery powered electric motors, rather than an internal co mbustion engine. By using the DJI Phantom 2 and DJI Inspire 1 UASs to perform aerial acquisitions, the substantial risk to life and prop erty in the air and on the ground, which is usually associated with traditional manned aircr aft flight operations, will be substantially reduced or completely eliminated. Asi de from the lack of flight crew members located onboard the aircraft, the DJI Phant om 2 and DJI Inspire 1 UAs (weighing approximately 2 pounds 11 ounces and 6 po unds 7.5 ounces respectively, at their maximum gross weights with lengths of 16 inch es and 17.3 inches respectively, widths of 16 inches and 17.7 inches respectively, a nd with no fuel on board), has less physical potential for collateral damage to life an d 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 appro ximately 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 and DJI Inspire 1 UASs Will Benefit The Economy.
In addition to being safe and efficient, the DJI P hantom 2 and DJI Inspire 1 UASs are also an economical alternative to using manned aircraft to conduct similar aerial operations. As such, operation of the DJI Phantom 2 and DJI Inspire 1 UASs will allow United States based companies, like David C DeGroff , to remain competitive and14 contribute to growth of the U.S. economy. Specifica lly, 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 comp anies must adopt new and alternative technology in order to remain competiti ve. Operating the battery powered DJI Phantom 2 and DJI Inspire 1 UASs is one such techno logy 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 DJI Inspire 1 U ASs, companies such as David C DeGroff, can remain competitive and profita ble, and therefore, provide greater job stability to employees and contractors, which w ill ultimately contribute to growth of the U.S. economy. Improved financial performance of U.S. companies, through commercial use of the DJI Phantom 2 and DJI Inspire 1 UASs, provides a stable workforce that increases consumer spending; improve s local, state, and federal tax revenues; and allows companies to invest in researc h 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 op erations that have been conducted for decades, David C DeGroff’s proposed o peration of the DJI Phantom 2 and DJI Inspire 1 UASs will not implicate any privacy i ssues. Specifically, the DJI Phantom 2 and DJI Inspire 1 UASs will be operated only in c ompliance with operating documents (i.e., the David C DeGroff Aerial Operations Manual , Monthly Maintenance Log, and DJI Phantom 2 and DJI Inspire 1 Instruction Manual) which requires property owner
involvement as well as local law enforcement notifi cation, and in accordance with the Federal Aviation Regulations, including the minimum altitude requirements of 14 C.F.R. § 91.119.15

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 David C DeGroff Se eks Exemption.

1. Reasons Why The DJI Phantom 2 and DJI Inspire 1 UAs Meet The Conditions Of The FAA Modernization and Reform Act of 2012 (FMRA ) Section 333.
In consideration of the size, weight, speed, and l imited operating area associated with the unmanned aircraft and its operation, David C DeGroff’s operation of the DJI Phantom 2 and DJI Inspire 1 UASs meet the condition s of FMRA Section 333, and will not require an airworthiness certificate in accorda nce with 14 C.F.R. Part 21, Subpart H. Section 333 provides authority for a UAS to operat e without airworthiness certification and sets forth requirements for consi dering whether a UAS will create a hazard to users of the NAS or the public, or otherw ise pose a threat to national security. Specifically, FMRA Section 333 states the following , in part:

(a) In General.--Notwithstanding any other requirem ent of this subtitle, and not later than 180 days after the date of enactment of this Act, the Secretary of Transportation shall determine if certain unmanned aircraft systems may operate safely in the national airspace system before compl etion of the plan and rule making required by section 332 of this Act or the g uidance required by section 334 of this Act.
(b) Assessment of Unmanned Aircraft Systems.--In ma king the determination under subsection (a), the Secretary shall determine, at a minimum--
(1) which types of unmanned aircraft systems, if an y, as a result of their size, weight, speed, operational capability, proximity t o airports and populated areas, and operation within visual line of sight do not create a hazard to users of the national airspace system or the public or pose a threat to national security; and
(2) whether a certificate of waiver, certificate of aut horization, or airworthiness certification under section 44704 of title 49, Unit ed States Code, is required for the operation of unmanned aircraft systems iden tified under paragraph (1).
(c) Requirements for Safe Operation.--If the Secretary determines under this section that certain unmanned aircraft systems may operate safely in the national airspace system, the Secretary shall establish requ irements for the safe operation of such aircraft systems in the national airspace s ystem.16 In seeking this exemption, David C DeGroff submits that the DJI Phantom 2 and DJI Inspire 1 UASs can operate safely in the NAS pu rsuant to FMRA Section 333, as demonstrated by: (a) the characteristics of the DJI Phantom 2 and DJI Inspire 1 UASs; (b) the pilot certification requirement; and (c) th e specific operating limitations.

a. The Specifications Of The DJI Phantom 2 and DJI Inspire 1 UASs Demonstrate Its Safe Characteristics.
The DJI Phantom 2 and DJI Inspire 1 UASs do not cr eate a hazard to users of the NAS or the public, or otherwise pose a threat to na tional security considering its size, weight, speed, and operational capability.

i. Technical Specifications Of The DJI Phantom 2 and D JI Inspire 1 UASs.
The technical specifications of the DJI Phantom 2 and DJI Inspire 1 UASs are set forth by the DJI Phantom 2 and DJI Inspire 1 Specifications and Data Sheet, attached hereto as Exhibit A and B.

ii. The DJI Phantom 2 and DJI Inspire 1 UASs Autonomous Flight And Navigation Modes Enable The UASs To Remain Within A Defined Operational Area.
The DJI Phantom 2 and DJI Inspire 1 UASs may be op erated in both manual and fully autonomous flight modes. A complet e description of the flight and navigational modes of the DJI Phantom 2 and DJI Inspire 1 UASs is provided at pages 25-35 of the DJI Phantom 2 and pa ges 12-16 and 45-50 of the DJI Inspire 1 User Manuals, attached hereto as Exhi bit C and D.

iii. The DJI Phantom 2 and DJI Inspire 1 UASs Are Design ed 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 a nd DJI Inspire 1 UAs will remain stationary, in flight, for 3 seconds or more. If, after 3 seconds, the DJI Phantom 2 and DJI Inspire 1 UAs do not reacquir e control link data from the GCS, the UAs will assume that the Control Link is l ost and the UAs will return to the home position (i.e., failsafe mode) via GPS, and will descend to the17 takeoff position and shutdown. A complete description of the Failsafe Functions o f the DJI Phantom 2 UAS are set forth at pages 27 through 29 and for th e DJI Inspire 1 at pages 13 through 15 of the DJI Phantom 2 and DJI Inspire 1 U ser Manuals, attached
hereto as Exhibit C and D.

iv. The DJI Phantom 2 and DJI Inspire 1 GCS And Its Ope ration.
A complete description of the operation and specif ications of the DJI Phantom 2 and DJI Inspire 1 GCS and flight control software is provided at pages 32 through 43 of the DJI Phantom 2 User Manua l and pages 40 through 47 of the DJI Inspire 1 User Manual. DJI Phantom 2 and DJI Inspire 1 User Manuals
are attached hereto as Exhibits C and D.

b. Flight Operations of DJI Phantom 2 and DJI Inspi re 1 UASs Are Limited to the Line Of Sight of A Certificated Pilot in Comma nd with A Safety Observer.

David C DeGroff will only utilize certificated pilo ts to act as a pilot in command (PIC) of the DJI Phantom 2 and DJI Inspire 1 UASs. Additionally, a safety observer will assist all pilots during flight time.

c. Flights of DJI Phantom 2 and DJI Inspire 1 UASs Wil l Be Conducted Pursuant To Specific Operating Limitations.
In seeking this exemption, David C DeGroff proposes to commercially operate DJI Phantom 2 and DJI Inspire 1 UASs for th e 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 wi ll be limited to the following aircraft described in the operating documents, roto rcraft UASs weighing less than 55 pounds maximum gross weight: DJI Phantom 2 and DJI Inspire 1 Unmanned Aircraft Systems. Proposed operations of a ny other aircraft will require a new petition or a petition to amend this grant. 2. UAS operations under this exemption will be limited to conducting operations for the purpose of aerial video and photography. 3. The UAS may not be flown at an indicated airspeed e xceeding 20 knots.
4. The UAS must be operated at an altitude of no more than 500 feet above ground18 level (AGL), as indicated by the procedures specifi ed in the operating documents unless a special request is made and approved by AT C. All altitudes reported to ATC must be in feet AGL. 5. The UAS must be operated within visual line of sigh t (VLOS) of the PIC at all times. This requires the PIC to be able to use hum an vision unaided by any device other than corrective lenses, as specified o n the PIC’s FAA-issued airman medical certificate. 6. The use of first person view (FPV) by the PIC or sa fety 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 main tains 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 hi s or her designation for the duration of the flight. The PIC must ensure that th e SO can perform the functions prescribed in the operating documents. 8. The SO must not perform any other duties beyond ass isting the PIC with seeing and avoiding other air traffic and other ground bas ed obstacles / obstructions and is not permitted to operate the camera or other ins truments. 9. The operating documents and the grant of exemption must be accessible during UAS operations and made available to the Administra tor upon request. If a discrepancy exists between the conditions and limit ations contained in the grant of exemption and the procedures outlined in the ope rating documents, the conditions and limitations contained in the grant o f 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 responsib ility to track such revisions and present updated and revised documents to the Ad ministrator upon request. The operator must also present updated and revised documents if it petitions for extension or amendment to the grant of exemption. I f the operator determines that any update or revision would affect the basis upon which the FAA granted the exemption, then the operator must petition for amendment to its grant of exemption. The FAA’s UAS Integration Office (AFS-80 ) may be contacted if questions arise regarding updates or revisions to t he operating documents. 10. Prior to each flight the PIC must inspect the UAS t o ensure that it is in a condition for safe flight. If the inspection reveal s a condition that affects the safe operation of the UAS, the aircraft is prohibited fr om 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 inc luded in the preflight inspection. All maintenance and alterations must be properly documented in the aircraft records.
11. Any UAS that has undergone maintenance or alteratio ns that affect the UAS operation or flight characteristics, e.g. replaceme nt of a flight critical component, must undergo a functional test flight. The PIC who conducts the functional test19 flight must make an entry in the aircraft records.
12. The pre-flight inspection must account for all pote ntial discrepancies, e.g. inoperable components, items, or equipment, not alr eady covered in the relevant sections of the operating documents. 13. The operator must follow the UAS manufacturer’s air craft / component, maintenance, overhaul, replacement, inspection, and life limit requirements.
14. The operator must carry out its maintenance, inspec tions, and record keeping requirements, in accordance with the operating docu ments. Maintenance, inspection, alterations, and status of replacement/ overhaul component parts must be noted in the aircraft records, including total t ime in service, description of work accomplished, and the signature of the authori zed 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 air craft record of the corrective action taken against discrepancies discovered betwe en inspections.
17. The operator may not permit any PIC to operate unle ss 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 maneuver s and maintaining appropriate distances from persons, vessels, vehicl es and structures. PIC qualification flight hours must be logged in a mann er 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. Durin g training, proficiency, and experience-building flights, all persons not essent ial for flight operations are considered nonparticipants, and the PIC must operat e the UA with appropriate distance from nonparticipants in accordance with 14 C.F.R. § 91.119. 18. UAS operations may not be conducted during night, a s 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 re quest will be made at the FAA office closest to proposed area of operations. Flig hts under special visual flight rules (SVFR) are not authorized. 19. The UA may not operate within 5 nautical miles of a n airport reference point as denoted on a current FAA-published aeronautical cha rt unless a letter of agreement with that airport’s management is obtaine d, and the operation is conducted in accordance with a NOTAM as required by the operator’s COA. The letter of agreement with the airport management mus t be made available to the Administrator upon request. 20. 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 les s than 3 statute miles from the PIC. 21. If the UA loses communications or loses its GPS sig nal, it must return to a20 predetermined location within the planned operating area and land or be recovered in accordance with the operating document s. 22. The PIC must abort the flight in the event of unpre dicted obstacles or emergencies in accordance with the operating docume nts. 23. The PIC is prohibited from beginning a flight unles s (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 S with 25% battery power remaining.
24. The operator must obtain an Air Traffic Organizatio n (ATO) issued Certificate of Waiver or Authorization (COA) prior to conducting a ny 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 includi ng class of airspace, altitude level and potential transponder requiremen ts. 25. All aircraft operated in accordance with the exempt ion 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

. 26. Before conducting operations, the radio frequency s pectrum used for operation and control of the UA must comply with the Federal Communications Commission (FCC) or other appropriate government ov ersight agency requirements.
27. The documents required fewer than 14 C.F.R. 91.9 an d 91.203 must be available to the PIC at the Ground Control Station of the UAS any time the UAS is operating. These documents must be made available to the Administrator or any law enforcement official upon request. 28. The UAS must remain clear and yield the right of wa y to all manned aviation operations and activities at all times. 29. The UAS may not be operated by the PIC from any mov ing device or vehicle. 30. Flight operations must be conducted at least 500 fe et from all nonparticipating persons (persons other than the PIC, SO, operator t rainees or essential persons), vessels, vehicles, and structures unless: a. Barriers or structures are present that sufficie ntly protect nonparticipating persons from the UA and/or debris in the event of a n accident. The operator must ensure that nonparticipating persons remain un der such protection. If a situation arises where nonparticipating persons lea ve such protection and are within 500 feet of the UA, flight operations must c ease immediately and/or; b. The aircraft is operated near vessels, vehicles or structures where the owner / controller of such vessels, vehicles or structures has granted permission and the PIC has made a safety assessment of the risk of operating closer to those objects and determined that it does not present an undue hazard, and;21 c. Operations nearer to the PIC, SO, operator train ees or essential persons do not present an undue hazard to those persons per § 91.119(a). 31. All operations shall be conducted over private or c ontrolled-access property with permission from the land owner/controller or author ized representative. Permission from land owner/controller or authorized representative will be obtained for each flight to be conducted. 32. Any incident, accident, or flight operation that tr ansgresses the lateral or vertical boundaries of the operational area as defined by th e applicable COA must be reported to the FAA's UAS Integration Office (AFS-8 0) within 24 hours. Accidents must be reported to the National Transpor tation Safety Board (NTSB) per instructions contained on the NTSB Web site: www.ntsb.gov

. 2. Reasons Why an Exemption from the Requirements o f Section 61.113(a) And (b) Would Not Adversely Affect Safety.
David C DeGroff submits that the equivalent level of safety established by Section 61.113 (a) and (b) will be maintained because no PI C will be allowed to operate the DJI Phantom 2 and DJI Inspire 1 UASs unless that PIC ha s demonstrated, by meeting minimum flight-hour and currency requirements, that the PIC is able to safely operate the DJI Phantom 2 or DJI Inspire 1 UAS in a manner consistent with th e exemption, including evasive and emergency maneuvers and maintaining appropriate dis tances from people, vessels, vehicles and

structures. Considering David C DeGroff’s proposed area of ope rations, and the operating limitations set forth-above; the parallel nature of private pilot aeronautical knowledge requirements to those of commercial pilot requireme nts (See Exemption No. 11062); and the airmanship skills necessary to safely operate the D JI Phantom 2 or DJI Inspire 1 UAS, David C
DeGroff submits that the additional manned airmansh ip experience of a commercially certificated pilot would not correlate to the airma nship skills necessary for David C DeGroff’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 material respects, to those presented herein (e.g. Exemption Nos. 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11 109, 11110, 11112, 11136, 11138, 11150, 11153, 11156, 11158, 11159, 11160, 11161). David C DeGroff will not allow any PIC to operate the DJI Phantom 2 or DJI Inspire 1 UAS unless that PIC has demonstrated, by meeting mi nimum flight-hour requirements or the DJI Phantom 2 or DJI Inspire 1 UAS training and cur rency requirements, that the PIC is able to safely operate the DJI Phantom 2 or DJI Inspire 1 U AS in a manner consistent with this22

exemption, including evasive and emergency maneuver s and maintaining appropriate distances from people, vessels, vehicles and structures. Specifically, the PIC must have accumulated and lo gged, 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 ma ke and model of UAS to be used for operations under the exemption). In addition to the hour requirements, the PIC must accomplish 3 takeoffs and landings in the preceding 90 days (f or currency purposes). As in Exemption Nos. 11062, 11138, and 11153, prio r documented flight experience that was obtained in compliance with applicable regulati ons will ensure an equivalent level of safety during David C DeGroff’s proposed operations. Accordingly, David C DeGroff will ensure safe oper ations by not allowing any PIC to operate the DJI Phantom 2 or DJI Inspire 1 UAS unle ss 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 Inspire 1 UAS in a manner consiste nt 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 o f Section 91.7(a) Would Not Adversely Affect Safety.
The equivalent level of safety established by Sect ion 91.7(a) will be maintained because prior to every flight, David C DeGroff will ensure that the DJI Phantom 2 or DJI Inspire 1 UAS is in an airworthy condition based upon the UAS’s c ompliance with its operating documents
and as stated in the conditions and limitations her ein. Additionally, the FAA has previously granted relie f from Section 91.7(a) specific to UAS, in circumstances similar, in all material resp ects, to those presented herein (e.g. Exemption Nos. 11062, 11063, 11064, 11065, 11066, 1 1067, 11080, 11109, 11110, 11112, 11136, 11138, 11150, 11153, 11156, 11157, 11158, 11 159, 11160, 11161).23

4. Reasons Why an Exemption from the Requirements of S ection 91.121 Would Not Adversely Affect Safety. The equivalent level of safety established by Sect ion 91.121 will be maintained because
the altitude information of the DJI Phantom 2 and D JI Inspire 1 UAS will be provided to the PIC via GPS equipment and a radio communications te lemetry data link, which downlinks from the UA to the GCS for active monitoring of the flig ht path and altitude. This altitude information, combined with David C DeGroff’s operat ion of the DJI Phantom 2 and DJI Inspire 1 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 informat ion will be generated by GPS equipment installed onboard the aircraft. Prior to each fligh t, a zero altitude initiation point is automaticall y 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, 11 109, 11112, 11136, 11138, 11150, 11153, 11156, 11157, 11158, 11159, 11160, 11161).

5. Reasons Why an Exemption from the Requirements of S ection 91.151(b) Would Not Adversely Affect Safety. A grant of this exemption would ensure an equivale nt level of safety established by 14 C.F.R. Section 91.151(b) as a result of (1) the tec hnical specifications of the DJI Phantom 2 and DJI Inspire 1 UASs; (2) the limitations on the prop osed flight operations; and (3) the location of the proposed flight operations. Accordingly, David C DeGroff will ensure that it will safely operate the battery powered DJI Phantom 2 and DJI I nspire 1 UAs during daylight hours in VFR conditions, with enough battery power to fly fo r a total duration of 13.5 minutes to the first point of intended landing and, assuming normal crui sing speed, to fly after that for at least 4.5
minutes. Here, as in Exemption No. 11109, the technical spe cifications of the DJI Phantom 2 and DJI Inspire 1 UASs; the limitations on the proposed flight operations; and the location of the proposed operations, will ensure an equivalent leve l of safety established by 14 C.F.R. Section 91.151(b). Furthermore, safety will be ensured as t he DJI Phantom 2 and DJI Inspire 1 UASs provide audible and visual warnings to the PIC at t he GCS when the UAS experiences low battery voltage, the first warning occurring at app roximately 33% remaining battery power, and24

again at approximately 10% remaining battery power. At the critically low battery level, the DJI Phantom and DJI Inspire 1 UASs will descend and lan d automatically. Significantly, previous exemptions granted by the FAA concerning Section 91.151 establish that safety is not adversely affected whe n the technical characteristics and operating
limitations of the UAS are considered. Relief has b een 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 resp ects, to those presented herein (e.g. Exemption Nos. 8811, 10808, 10673, 11042, 11062, 11 063, 11064, 11065, 11066, 11067, 11080, 11109, 11110, 11136, 11138, 11150, 11153, 11 156, 11157, 11158, 11159, 11160, 11161).

6. Reasons Why An Exemption From The Requirements Of S ections 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, David C DeGroff submits that the equivalent level of safety with regard to the regulatory maintenance and alter ation 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 David C DeGroff will use trained technicians to perform m aintenance, alterations, or preventive maintenance on the UASs using the methods, techniqu es, and practices prescribed in the operating documents (i.e., the David C DeGroff Aeri al Operations Manual, Monthly Maintenance Log, and DJI Phantom 2 and DJI Inspire 1 Instruction Manual). Furthermore, David C DeGroff will document and mai ntain all maintenance records for the DJI Phantom 2 and DJI Inspire 1 UASs. Since the DJI Phantom 2 and DJI Inspire 1 UASs wi ll be inspected as prescribed by the operating documents, David C DeGroff will maintain the equivalent level of safety established by Sections 91.405(a), 91.409(a)(1), and 91.409(a)( 2). A copy of the DJI Phantom 2 and DJI Inspire 1 User Manuals are attached hereto as Exhib it C and D; a copy of the DJI Phantom 2 and DJI Inspire 1 UAS Maintenance LOG is attached h ereto as Exhibit E. Likewise, the exemption sought will not adversely affect safety because David C DeGroff will use trained technicians to perform mai ntenance, alterations or preventive maintenance on the UAS using the methods, technique s, and practices prescribed by the operating documents. Furthermore, the exemption sought would maintain a n equivalent level of safety25

established by Sections 91.407, 91.417(a) and 91.41 7(b), because all maintenance of the DJI Phantom 2 and DJI Inspire 1 UASs will be performed by trained technicians. Maintenance will be documented and maintained utilizing the monthly maintenance log. Significantly, previous exemptions granted by the FAA concerning Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b) establish that safety is not adversely affected when the technical characteristics and ope rating limitations of the UAS are considered. In consideration of David C DeGroff’s proposed ope rating limitations, the operating documents, and the technical aspects of the DJI Pha ntom 2 and DJI Inspire 1 UASs, David C DeGroff submits that safety will not be adversely a ffected 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 i n 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, 11 150, 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 Moderniz ation and Reform Act of 2012 (FMRA) and 14 C.F.R. § 21.16 entitled Special Condi tions, David C DeGroff requests that the FAA prescribe special conditions for the intended o peration of the DJI Phantom 2 and DJI Inspire 1 UASs, which contain such safety standards that the Administrator finds necessary to establish a level of safety equivalent to that esta blished 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 condition s will permit safe operation 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 s ets 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 aut hority for such UAS to operate without airworthiness certification in accordance with any requirements that must be established for the safe operation of the UAS in the NAS. Likewise, the Administrator may prescribe special conditions pursuant to 14 C.F.R. § 21.16, for operation of the DJI Phantom 2 and DJI Inspire 1 UASs, since the airworthiness regulations of 14 C.F.R. Part 21 do not contain ade quate or appropriate safety standards, due to26

the novel or unusual design features of the aircraf t. 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 air craft, aircraft engine, or propeller because of a novel or unusual design feature of the aircraft, aircraft engine or propeller, he prescribes special conditions and ame ndments thereto for the product. The special conditions are issued in accordance wit h Part 11 of this chapter and contain such safety standards for the aircraft, air craft engine or propeller as the FAA finds necessary to establish a level of safety equi valent 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 intended operation of the DJI Phantom 2 and DJI Inspire 1 UASs, which contain such safety standards that the Admini strator 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).27

• A Summary That Can Be Published In The Federal Regi ster, stating: The Rules From Which David C DeGroff Seeks Exemption: David C DeGroff seeks exemption from the requiremen ts 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 David C DeGroff Seeks:
This exemption will permit David C DeGroff to comme rcially 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 Ava ilable To Support David C DeGroff. This Petition is made pursuant to the FAA Moderniz ation 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, David C DeG roff’s request for exemption may be granted pursuant to the authority of FMRA Section 3 33 and 14 C.F.R. Part 11, as set forth
above. FMRA Section 333 sets forth the requirements for c onsidering whether a UAS will create a hazard to users of the NAS or the public, or otherwise pose a threat to national security; and further, provides the authority for such UAS to operate without airworthiness certification. As discussed in detail above, David C DeGroff will operate the DJI Phantom 2 and DJI Inspire 1 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.28 CONCLUSION
As set forth herein, David C DeGroff seeks an exem ption 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 Inspire 1 UA Ss commercially, without an airworthiness certificate, for the limited purpose of conducting aerial video and photography over certain areas of the United States. By granting this Petition, the FAA A dministrator will be fulfilling the Congressional
mandate of the FAA Modernization and Reform Act of 2012, while also advancing the interests of the public, by allowing David C DeGroff to safely, effi ciently, and economically operate the DJI Phantom 2 and DJI Inspire 1 UASs commercially within the NAS.
WHEREFORE , in accordance with the Federal Aviation Regulatio ns and the FAA Modernization and Reform Act of 2012, Section 333, David C DeGroff 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 David C DeGroff to oper ate the DJI Phantom 2 and DJI Inspire 1 UASs commercially for the purpose of conducting aerial v ideo and photography over certain areas of the
United States.

Dated: October 27, 2015
Respectfully submitted, David C DeGroff

_________________________ David C DeGroff

David C DeGroff 1006 County Road 1445 Sulphur Springs, Texas 75482-9129 214-295-649829

Appendices:
A – DJI Phantom 2 Technical Specifications B – DJI Inspire 1 Technical Specifications C – DJI Phantom 2 User Manual D – DJI Inspire 1 User ManualA-1 

### APPENDIX – A
DJI PHANTOM 2 TECHNICAL SPECIFICATIONS
David C DeGroff only utilizes safe and reliable UA Ss. DJI is an industry leader in small UAS production. DJI UASs are loaded with ground breakin g software enabling the user to set parameters which will not allow flight into controlled airspac e. Parameters can also be set to limit flight to no higher than a predetermined and set altitude as wel l as limit flight to a predetermined and set distan ce. In addition, DJI software provides real-time altitu de and location information to the PIC via the link ed monitor (smart phone/tablet devices)

1. DJI Phantom 2
1.1. Aircraft
1.1.1. Supported Battery – DJI 5200mAH LiPo Battery 1.1.2. Weight (Battery & Propellers Included) – 2lbs 11.81 0oz (1242g) 1.1.3. Hover Accuracy (Ready to Fly) – Vertical: .8m; Hori zontal: 2.5m 1.1.4. Max Yaw Angular Velocity - 200?/s 1.1.5. Max Tilt Angel - 35? 1.1.6. Max Ascent Speed – 6m/s 1.1.7. Max Descent Speed – 2m/s 1.1.8. Max Flight Speed – 15m/s (NOT RECOMMENDED)
1.2. Gimbal
1.2.1. Working Current – Static: 750mA; Dynamic: 900mA 1.2.2. Control Accuracy - ±0.03? 1.2.3. Controllable Range – Pitch: -90? - 0? 1.2.4. Maximum Angular Speed – Pitch: 90?/s
1.3. Camera
1.3.1. Operating Temperature Range - 32?F - 104?F (0?C - 4 0?C) 1.3.2. Sensor Size – 1/2.3” 1.3.3. Effective Pixels – 14M 1.3.4. Resolution – 4384x3288 1.3.5. HD Video Recording – 1080p30 & 720p 1.3.6. Recording Field of View – 110?/85?
1.4. Transmitter
1.4.1. Operating Frequency – 5.728GHz – 5.85GHz 1.4.2. Communication Distance (unobstructed) – FCC Complia nce: 800m 1.4.3. Receiver Sensitivity (1%PER) - -93dBm 1.4.4. Transmitter Power – FCC Compliance: 100mW 1.4.5. Working Voltage – 120mA@3.7VB-1 APPENDIX – B DJI INSPIRE 1 TECHNICAL SPECIFICATIONS
David C DeGroff only utilizes safe and reliable UA Ss. DJI is an industry leader in small UAS production. DJI UASs are loaded with ground breakin g software enabling the user to set parameters which will not allow flight into controlled airspac e. Parameters can also be set to limit flight to no higher than a predetermined and set altitude as wel l as limit flight to a predetermined and set distan ce. In addition, DJI software provides real-time altitu de and location information to the PIC via the link ed monitor (smart phone/tablet devices)

1. DJI Inspire 1
1.2 Aircraft
1.2.1 Model – T600 1.2.2 Weight (Battery Included) – 6lbs 7.5291oz (2935g) 1.2.3 Hovering Accuracy (GPS Mode) – Vertical: 0.5m; Hori zontal: 2.5m 1.2.4 Max Angular Velocity – Pitch: 300?/s; Yaw: 150?/s 1.2.5 Max Tilt Angle - 35? 1.2.6 Max Ascent Speed – 5m/s 1.2.7 Max Descent Speed – 4m/s 1.2.8 Max Speed – 22m/s (ATTI mode, no wind – NOT RECOMME NDED) 1.2.9 Max Flight Altitude – 4500m 1.2.10 Max Wind Resistance – 10m/s 1.2.11 Max Flight Time – Approximately 18 minutes 1.2.12 Motor Model – DJI 3510 1.2.13 Propeller Model – DJI 1345 1.2.14 Operating Temperature Range – 14?F to 104?F (-10?C to 40?C) 1.2.15 Dimensions – 17 1⁄4” x 17 3⁄4” x 12”
1.3 Gimbal
1.3.1 Model – ZENMUSE X3 1.3.2 Output Power (with camera) – Static: 9W; In Motion: 11W 1.3.3 Operating Current – Static: 750mA; In Motion: 900mA 1.3.4 Angular Vibration Range - ±0.03? 1.3.5 Mounting – Detachable 1.3.6 Controllable Range – Pitch: -90? to +30?; Pan: ±320 ? 1.3.7 Mechanical Range – Pitch: -125? to 45?; Pan: ±330? 1.3.8 Max Controllable Speed – Pitch: 120?/s; Pan: 180?/sB-2

1.4 Camera
1.4.1 Name – X3 1.4.2 Model – FC350 1.4.3 Total Pixels – 12.76M 1.4.4 Effective Pixels – 12.4M 1.4.5 Image Max Size – 4000x3000 1.4.6 ISO Range – 100-3200 1.4.7 Field of View - 94? 1.4.8 CMOS – Sony EXMOR 1/2.3” 1.4.9 HD Video Recording – UHD(4K): 4096x2160p24/25, 1.4.10 3840x2160p24/25/30; FHD: 1920x1080p24/25/30/48/50/6 0; HD: 1.4.11 1280x720p24/25/30/48/50/60 1.4.12 Operating Temperature Range - 32?F - 104?F (0?C - 4 0?C)
1.5 Transmitter
1.5.1 Name – C1 1.5.2 Operating Frequency – 5.728-5.850GHz; 2.400-2.483GH z 1.5.3 Communicating Distance (unobstructed) – 2000m 1.5.4 Output Power – 9W 1.5.5 Operating Temperature Range - 14?F to 104?F (-10?C to 40?C) 1.5.6 Battery – 600mAh LiPo 2S