1 UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

FEDERAL AVIATION ADMINISTRATION WASHINGTON, DC Regulatory Docket No. FAA

- 2007

- 0001

IN THE MATTER OF THE PETITION FOR EXEMPTION OF: Olof Ekbergh FOR AN EXEMPTION SEEKING RELIEF FROM THE REQUIREMEN TS OF TITLE 14 OF THE CODE OF FEDERAL REGULATIONS SECTIONS , 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 3 Pro and DJI S800+ UNMANNED

AIRCRAFT SYSTEMS

PU RSUANT TO SECTION 333 OF

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

- 95) Submitted October 5, 2015 Olof Ekbergh

PO Box 457 North Conway NH 03860 olof@westsideav.com

603

- 383

- 9283

TABLE OF CONTENTS GLOSSARY OF ABBREVIATIONS Page 2 SUMMARY Page 2 INTRODUCTION AND INTERESTS OF PETITIONER. Page 2 BACKGROUND Page 3 BASIS FOR PETITION Page 3

- 5

A

. NAME AND ADDRESS OF PETITIONER. Page 5

B . THE SPECIFIC SECTIONS OF 14 C.F.R. FROM WHICH Olof Ekbergh SEEKS EXEMPTION Page 5

- 8

C . THE EXTENT OF RELIEF Olof Ekbergh, SEEKS AND THE REASON Olof Ekbergh SEEKS THE RELIEF Page 8

- 10

D .THE REASONS WHY GRANTING Olof Ekbergh’s, REQUEST WOULD

BE IN THE PUBLIC INTEREST Page 10

- 13

E .THE REASONS WHY GRANTING THE EXEMPTION WOULD NOT

ADVERSELY AFFECT SAFETY Page 13

- 18

F .SUMMARY THAT C AN BE PUBLISHED IN THE FEDERAL REGISTER.2 Page 21

G .ANY ADDITIONAL INFORMATION, VIEWS, OR ARGUMENTS AVAILABLE TO SUPPORT Olof Ekbergh’s REQUEST Page 21

H. CONCLUSION Page 21

I. APPENDICES (Specification sheets and user manuals.)

GLOSSARY OF ABBREVIATIONS AMA Academy of Model Aer onautics GPS Global Positioning System NAS National Airspace System

PIC Pilot In Command Section 333 FAA Modernization and Reform Act of 2012 (FMRA) Section 333 SO Safety Observer SOP Standard Operating Procedures

UA Unmanned Aircraft

UAS Unmanned Aircraft System VFR Visual Flight Rules

VLOS Visual Line of Site VMC Visual Meteorological Conditions VTOL Vertical Takeoff and Landing

SUMMARY Olof Ekbergh seeks exemption from the requirements of 14 C.F.R §§ 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b), to operate an Unmanned Aircraft System pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (FMRA). This exemption will permit Olof Ekbergh to operate an Unmanned Aircraft System (UAS) for the commercial purpose of conducting aerial video and photography over certain areas

of the United States.

INTRODUCTION AND INTERESTS OF THE PETITIONER Olof Ekbergh is a licensed instrument rated GA pilot (Airman/Pilot Certificate 43522984) w ith about 2,000 flight hours in single and multi

- engine fixed wing aircraft. He is a member of the Academy of Model Aeronautics. He is also the President and Safety Officer of the Mount Washington Valley Radio Control Club. He is an AMA approved instructor for radio controlled model aircraft and flies over 40 different model aircraft. He is a participant in the beta testing for the FAA’s B4UFly program. As a videographer and photographer he provides his clients with images for3 commercial, non

- profit or pers onal media projects. The purpose of his aerial UAS operations is to support his client's video needs specifically in Boating Safety Video Tourism Video and Photography Model Aircraft Safety Video

Real Estate Video

BACKGROUND Unmanned Aircraft System s: DJI Phantom 3 Pro UAS and DJI S800. Olof Ekbergh seeks an exemption to operate DJI systems for compensation or hire within the NAS. The DJI Phantom 3 Pro+ is a vertical takeoff and landing (VTOL) Unmanned Aircraft (UA) with a Ground Control Station (G CS) utilizing electronic tablet or smart phone systems. The DJI Phantom 3 Pro has a maximum gross weight of approximately 2 pounds 8 ounces, while having a length of 23 inches and a maximum speed of approximately 35 MPH. The DJI Phantom 3 Pro UA is equipp ed with four main rotors; driven by Lithium Polymer battery powered electric motors.

The DJI S800 is a vertical takeoff and landing (VTOL) Unmanned Aircraft (UA) with a Futaba Controller FASST 2.4 GHC, model 8FG. The DJI S800 has a maximum gross weight of 17 pounds and a max speed of 50MPH. The DJI S800 is equipped with six main rotors, driven by Lithium Polymer battery powered electric motors. It has a length of approximately 52 inches.

The DJI Phantom 3 Pro and DJI S800 UAS that will be operated by Olof Ekbergh 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

. DJI S800 891WS (N n umber applied for) Phantom 3 Pro 892WS (N number applied for)

BASIS FOR PETITION

Petitioner, Olof Ekbergh, pursuant to the provisions of the Federal Aviation Regulations (14 C.F.R. § 11.61) and the FAA Modernization and Reform Act of 2012 (FMRA), Secti on 333, Special Rules for Certain Unmanned Aircraft Systems

, hereby petitions the Administrator to commercially operate the DJI Phantom 3 Pro and the DJI S800 UAS in the National Airspace System (NAS), and for an exemption from the requirements of 14 C.F.R 61.113, 91.7(a), 91.121, 91.151(b),4 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, Olof Ekbergh's ope ration of DJI

Phantom 3 Pro UAS and DJI S800 meets the conditions of FMRA Section 333 and therefore, will not require an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H. Accordingly, Olof Ekbergh requests relief from Sections 91 .405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b), as these sections set forth requirements for maintenance that only apply to aircraft with an

airworthiness certificate. Olof Ekbergh submits that the requested relief is proper since an e quivalent level of safety will be ensured. Olof Ekbergh will use experienced personnel or technicians to perform maintenance, alterations, or preventive maintenance on the UASs using the methods, techniques, and practices prescribed in the operating

docu ments (i.e.,Monthly Maintenance Log, and DJI Phantom 3 Pro+ and DJI S 800 Instruction Manuals). Furthermore, Olof Ekbergh will document and maintain

all maintenance records for the DJI Phantom 3 Pro and DJI S800.

Relief from certain requirements of Secti on 61.113(a) and (b), entitled Private pilot privileges and limitations: Pilot in command , is requested by Olof Ekbergh to the extent necessary to allow a Pilot in Command (PIC) holding a private pilot or higher level certificate, as well as an airman medi cal certificate, and who has demonstrated, by meeting minimum flight

- hour and currency requirements, that the PIC is able to safely operate the DJI Phantom 3 Pro and DJI S800 UAS in a manner consistent with this exemption, including evasive and emergency maneuvers and maintaining appropriate distances from people,vessels, vehicles

and structures. Olof Ekbergh seeks relief from Section 91.7(a), entitled Civil aircraft

airworthiness , because the DJI Phantom 3 Pro and DJI S800 do not require an

airworthines s certificate in accordance with 14 C.F.R. Part 21, Subpart H. Olof Ekbergh submits that he will ensure that the DJI Phantom 3 Pro and DJIS 800 UAS are in an airworthy condition, prior to every flight, by determining that the UASs are in compliance with t he operating documents (i.e., Monthly Maintenance Log, and DJI Phantom Pro and DJIS 800 Instruction Manuals), and that the aircraft are in a condition for safe flight. Olof Ekbergh also seeks an exemption from the requirements of Section 91.121, entitled Altimeter Settings , as the DJI Phantom 3 Pro and DJI S800 UA will not have a typical barometric altimeter onboard. However, altitude information of the DJI Phantom Pro and DJI S 800 UA will be provided to the PIC5 via Global Positioning System (GPS) equipm ent 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 Olof Ekbergh's operation of the DJI Phantom 3 Pro and DJI S800 UAS within

visual li ne of sight, at or below 400 feet AGL, will ensure a level of safety equivalent to Section 91.121. Additionally, Olof Ekbergh seeks an exemption from the requirements of Section 91.151(b), entitled Fuel requirements for flight in VFR conditions . Olof

Ekb ergh submits that safety will not be affected by operation of the DJI Phantom 3 Pro and DJI S800 UA during daylight hours in visual meteorological conditions (VMC) under visual flight rules (VFR), with enough battery power to fly for a total duration of ap proximately 13.5 minutes to the first point of intended landing and, assuming normal cruising speed, to fly after that for at least 4.5 minutes. In accordance with 14 C.F.R. § 11.81, Olof Ekbergh provides the following information in support of his petit ion for exemption:

A. Name And Address Of The Petitioner. The name and address of the Petitioner and point of contact is: Olof Ekbergh

PO Box 457 North Conway NH 03860 olof@westsideav.com

603

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B. The Specific Sections Of 14 C.F.R. From Wh ich Olof Ekbergh Seeks Exemption. 1. Olof Ekbergh 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 a ircraft. (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. Olof Ekbergh seeks Exemption From The Requirements Of Section 91.7(a).6 Section 91.7, entitled Civil aircraft airworthiness , subsection (a), states the following: (a) No person may operate a civil aircraft unless i t is in an airworthy condition. 3. Olof Ekbergh 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 t he cruising altitude or flight level of that aircraft, as the case may be, by reference to an altimeter that is set, when operating

-- (1) Below 18,000 feet MSL, to

-- (i) The current reported altimeter setting of a station along the route and

within 10 0 nautical miles of the aircraft; (ii) there is no station within the area prescribed in paragraph (a)(1)(i) of this section, the current reported altimeter setting of an appropriate available station; or (iii) the case of an aircraft not equipped with a radio, the elevation of the departure airport or an appropriate altimeter setting available before departure. 4. Olof Ekbergh seeks Exemption From The Requirements Of Section 91.151(b). Section 91.151, entitled Fuel requirements for flight in VFR c onditions , subsection (b), states the following: (b) No person may begin a flight in a rotorcraft under VFR conditions unless (considering wind and forecast weather conditions) there is enough fuel to fly to the first point of intended landing and, ass uming normal cruising speed, to fly after that for at least 20 minutes. 5. Olof Ekbergh seeks Exemption From The Requirement Of Section 91.405(a). Section 91.405, entitled Maintenance required , subsection (a), states the following: Each owner or operat or of an aircraft

— (a) Shall have that aircraft inspected as prescribed in subpart E of this part and shall between required inspections, except as provided in paragraph (c) of this section, have discrepancies repaired as prescribed in part 43 of this ch apter[.] 6. Olof Ekbergh seeks Exemption From The Requirements Of Section 91.407(a)(1) Section 91.407, entitled Operation after maintenance, preventive maintenance, rebuilding, or alteration , subsection (a)(1), states the following: (a) No person may o perate any aircraft that has undergone maintenance,7 preventive maintenance, rebuilding, or alteration unless

-- (1) It has been approved for return to service by a person authorized under § 43.7 of this chapter[.] 7. Olof Ekbergh Seeks Exemption From Th e Requirements Of Sections 91.409(a)(1) And 91.409(a)(2). Section 91.409, entitled Inspections , subsection (a), states the following: (a) Except as provided in paragraph (c) of this section, no person may operate an aircraft unless, within the precedin g 12 calendar months, it has had

-- (1) An annual inspection in accordance with part 43 of this chapter and has been approved for return to service by a person authorized by § 43.7 of this chapter; or (2) An inspection for the issuance of an airworthin ess certificate in accordance with part 21 of this chapter. 8. Olof Ekbergh 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: (a) Exc ept 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 al teration and

records of the 100

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

include

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

11 (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 a ppliance. (iii) The time since last overhaul of all items installed on the aircraft which are required to be overhauled on a specified time basis. (iv) The current inspection status of the aircraft, including the time since the8 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 nu mber and revision date. If the AD or safety directive involves recurring action, the time and date when the next action is required. (vi) Copies of the forms prescribed by § 43.9(d) of this chapter for each major alteration to the airframe and currentl y 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 repeate d or superseded by other work or for 1 year after the work is performed. (2) The records specified in paragraph (a)(2) of this section shall be retained

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

C. The Extent Of Relief Olof Ekbergh Seeks And The Reason Olof Ekbergh

Seeks The Reli ef. 1. Extent Of Relief Olof Ekbergh Seeks And The Reason Olof Ekbergh 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 nec essary to allow a PIC holding a private pilot or higher level certificate, as well as a current and valid airman medical certificate, and who has met certain flight

- hour and currency requirements, to conduct the proposed UAS flight operations for compensat ion 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 on ly incidental to that business or employment; and (2) The aircraft does not carry passengers or property for compensation or hire. As set forth more fully below, Olof Ekbergh submits that an equivalent level of safety will be maintained because Olof Ekbe rgh is a licensed private pilot with an Airman Certificate and is also a member of the AMA and an experienced9 model airplane pilot, President of the Mount Washington Valley Radio Control Club and its safety officer. Also, no PIC will be allowed to operate the DJI Phantom 3 Pro or the DJI S800 UAS unless that PIC has met certain flight

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

either the DJI Phantom 3 Pro or DJI S800 UAS in a manner consistent with the operations sp ecifications as described in this exemption, including evasive and emergency maneuvers, as well as maintaining appropriate distances from people, vessels, vehicles and structures. Further, Olof Ekbergh submits that all flights of the DJI Phantom 3 Pro or DJI S800 UAS, conducted by the PIC pursuant to the grant of this Petition: (1) will be incidental to Olof Ekbergh's business; and (2) will not carry passengers or property for compensation or hire. 2. Extent Of Relief Olof Ekbergh Seeks From Section 91.7 (a). Relief from Section 91.7(a) entitled Civil aircraft airworthiness , is requested to the extent required to allow Olof Ekbergh to determine that the DJI Phantom 3 Pro and DJI S800 UAS are in airworthy condition prior to every flight by ensuring that

th e UAS is in compliance with the operating documents (Monthly Maintenance Log, and DJI Phantom 3 Pro and DJI S900 Instruction Manual). Olof Ekbergh seeks the requested relief because the DJI Phantom Pro and DJI S800 UAS do not require an airworthiness cert ificate in accordance with 14 C.F.R. Part 21, Subpart H. Therefore, Olof Ekbergh will ensure that the DJI Phantom 3 Pro and DJI S800 UAS are in airworthy condition based upon its compliance with the operating documents (i.e., Monthly Maintenance Log, and D JI Phantom Pro and DJI S800 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 Olof Ekbergh Seeks And The Reason Olof Ekbergh

Seeks Relief From Section 91.121. Relief from Section 91.121, entitled Altimeter settings, may be required to allow flight operations of the DJI Phantom 3 Pro and DJI S800 UAS, which utilize a barometric pressure sensor, GPS equipment, and a ra dio communications telemetry data link to downlink altitude information from the UA to the PIC at the ground control station (GCS). Since the FAA requires that any altitude information concerning UAS operations be reported to air traffic control (ATC) in

f

eet above ground level (AGL), Olof Ekbergh seeks the requested relief because the DJI Phantom 3 Pro and DJI S800 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.

Con sidering the limited altitude of the proposed operations, relief from 14 CFR10 91.121 is sought to the extent necessary to comply with the applicable conditions and limitations stated below. As more fully set forth herein, an equivalent level of safety will be maintained since the DJI Phantom 3 Pro and DJI S800 UAs are equipped with a barometric pressure sensor and GPS equipment, which automatically ensures that a ground level pressure setting will be established prior to each flight, and provides the PIC wi th altitude information of the UA on the

heads

- up display of the GCS. 4. Extent Of Relief Olof Ekbergh Seeks From Section 91.151(b). Relief from Section 91.151(b) entitled Fuel requirements for flight in VFR conditions, is requested to the extent requir ed to allow flights of the battery powered DJI Phantom Pro and DJI S800 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 minutes. Olof Ekbergh seeks the requested relief because without an exemption from Section 91.151(b), the flight time duration of the battery powered DJI Phantom 3 Pro and DJI S800

UA will severely constrain the practicality of any aerial video or still photo flight operations that Olof Ekbergh proposes to conduct pursuant to this Petition. Significantly, as set forth below, the technical specifications of the DJI Phantom

Pro and DJI S800 UAS, the DJI Phantom 3 Pro and DJI S800 operating documents, and Olof Ekbergh's proposed operating limitations, ensure that Olof Ekbergh will safely operate the battery powered DJI Phantom 3 Pro and DJI S800 UAs during daylight hours in visual meteorologi cal 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 Olof Ekbergh Seeks And The Reason Olof Ekbergh Seeks Relief From Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), And 91.417(a) & (b). Since Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b) only apply to airc raft with an airworthiness certificate, Olof Ekbergh requests

relief from these Sections because the DJI Phantom 3 Pro and DJI S800 UAS do not require airworthiness certificates. As set forth more fully below, the DJI

Phantom 3 Pro and DJI S800 UAS meets t he conditions of FMRA Section 333 for operation without an airworthiness certificate. Accordingly, Olof Ekbergh will use trained technicians to perform maintenance, alterations, or preventive maintenance on the UASs using the methods,techniques, and practi ces prescribed in the UAS operating documents (i.e., Monthly Maintenance Log, and DJI Phantom 3 Pro and DJIS800 Instruction Manual). Furthermore, Olof Ekbergh will document and11 maintain all maintenance records for the DJI Phantom Pro and DJI S800 UAS.

D . The Reasons Why Granting Olof Ekbergh's Request Would Be In The Public Interest; That Is, How It Would Benefit The Public As A Whole. Granting the present Petition will further the public interest by allowing Olof Ekbergh to safely, efficiently, and ec onomically perform aerial video and photography for tourism purposes for the State of New Hampshire, safety videos for boating safety and snowmobile safety, and other commercial clients seeking aerial videos for these purposes. In the past these operations were performed from a helicopter with much greater safety, pollution, and noise issues. Additionally, use of the DJI Phantom 3 Pro and DJIS800 UAS will decrease congestion of the NAS, reduce pollution, and provide significant benefits to the economy. Nota bly, the benefits of Olof Ekbergh’s proposed operation of the DJI Phantom 3 Pro and DJI S800 UAS will be realized without implicating any privacy issues. 1. The Public Will Benefit From Decreased Congestion Of The NAS.

The DJI Phantom 3 Pro and DJI S800 UA are battery powered and serve as a safe, efficient, and economical alternative to the manned aircraft traditionally utilized to obtain aerial imagery. By reducing the amount of manned aircraft needed to perform aerial acquisitions, an exemption allowin g the use of a DJI Phantom 3 Pro and DJI S800 UAS would reduce the amount of manned aircraft in the NAS, reduce noise and air pollution, as well as increase the safety of life and property in the air and on the ground. Furthermore, by reducing the number of manned aircraft operating in the NAS, congestion around airports caused by arriving and departing aircraft will be reduced. The DJI Phantom 3 Pro and DJI S800 UA do not require an airport to takeoff or land. Likewise, a reduction of manned aircraft con ducting aerial video and photography missions would result in fewer aircraft that must be handled by air traffic control during the ground, takeoff, departure, arrival, and landing phases of flight operations. 2. The Public Will Benefit From The Safety An d Efficiency Of The DJI

Phantom 3 Pro and DJI S800 UAS. Conducting aerial acquisitions with the DJI Phantom 3 Pro and DJI S800 UAS, instead of manned aircraft, will greatly benefit the public by drastically reducing the levels of air and noise pollution generated during traditional aerial video and still photography flight operations. By using battery power and electric motors, the DJI Phantom 3 Pro and DJI S800 UAS produce no air pollution, and is the most viable environmentally conscious alternative to the cabin class, six cylinder internal combustion engine aircraft that are typically utilized for aerial video and12 photography, while burning approximately 20

- 30 gallons per hour of leaded aviation fuel. The DJI Phantom 3 Pro and DJI S800 UA, while reduci ng the carbon footprint of aerial acquisitions, also eliminates noise pollution, as the UAs are propelled by battery powered electric motors, rather than an internal combustion engine. By using the DJI Phantom 3 Pro and DJI S800 UAS to perform aerial acqu isitions, 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

mem bers located onboard the aircraft, the DJI Phantom Pro weighs only 2 pounds, 8 ounces and is 23 inches across. The DJI S800 weighs 17 pounds and is approximately 62 inches across propeller tip to propeller tip. Neither carries fuel.

These UAS's have less physical potential for collateral damage to life and property on the ground, and in the air, compared to the manned aircraft that typically conduct similar operations (weighing approximately 6,000 pounds with a wingspan of approximately 42 feet, a length of 34 feet, and a fuel capacity of 180 gallons). 3. Performing Aerial Video and Photography Operations with The DJI Phantom Pro and DJI S800 UAS Will Benefit The Economy. In addition to being safe and efficient, the DJI Phantom 3 Pro and DJI S800 are

al so an economical alternative to using manned aircraft to conduct similar aerial operations. As such, operation of the DJI Phantom3 Pro and DJI S800 UAS will allow United States based photographers, to remain competitive and contribute to growth of the U.S. economy. Specifically, with the rising cost of aviation fuel and the Environmental Protection Agency (“EPA”) regulatory actions phasing out leaded aviation fuels, U.S. owned and operated companies must adopt new and alternative technology in order to rema in competitive. Operating the battery powered DJI Phantom 3 Pro and DJI S800 UAS is one such technology that not only allows companies greater operational flexibility compared to manned aircraft, but provides such flexibility without the high operational c ost of a traditional

manned aircraft. By operating the DJI Phantom 3 Pro and DJI S800 UAS, videographers such as Olof Ekbergh can remain competitive and profitable, and therefore, provide high quality aerial images to the tourism industry in the State of New Hampshire and assist in the development of safety videos for the boating and tourism industry throughout the United States which contributes to the growth of the U.S.economy. 4. There Are No Privacy Issues. Olof Ekbergh's proposed operation of the D JI Phantom 3 Pro and DJI S800 UAS will not implicate any privacy issues. Specifically, the DJI Phantom Pro and DJI13 S800 UAS will be operated only in compliance with operating documents (the Monthly Maintenance Log, and DJI Phantom Pro and DJI S800 Instruct ion Manual) which requires property owner involvement as well as local law enforcement notification, and in accordance with the Federal Aviation Regulations, including the minimum altitude requirements of 14 C.F.R. § 91.119.

E. The Reasons Why Granting T he 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 Olof Ekbergh Seeks Exemption. 1. Reasons Why The DJI Phantom 3 Pro and DJI S800 UA Meet The

Conditi ons Of The FAA Modernization and Reform Act of 2012 (FMRA)

Section 333. In consideration of the size, weight, speed, and limited operating area associated with the unmanned aircraft and its operation, Olof Ekbergh's operation of the DJI

Phantom 3 Pro an d DJI S800 UAS meet the conditions of FMRA Section 333, and will not require an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H. Section 333 provides authority for a UAS to operate without

airworthiness certification and sets fort h requirements for considering whether a UAS will create a hazard to users of the NAS or the public, or otherwise pose a threat to national security. Specifically, FMRA Section 333 states the following, in part: (a) In General.

-- Notwithstanding any other requirement of this subtitle, and not later than 180 days after the date of enactment of this Act, the Secretary of Transportation shall determine if certain unmanned aircraft systems may operate safely in the national airspace system before completion of the plan and rulemaking required by section 332 of this Act or the guidance required by section 334 of this Act. (b) Assessment of Unmanned Aircraft Systems.

-- In making the determination

under subsection (a), the Secretary shall determine, at a min imum

-- (1) which types of unmanned aircraft systems, if any, as a result of their size, weight, speed, operational capability, proximity to airports and populated areas, and operation within visual line of sight do not create a hazard to users of the n ational 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 systems14 identified under paragraph (1). (c) Requirements for Safe Operation.

-- If the Secretary determines under this section that certain unmanned aircraft systems may operate safely in the national airspace system, the S ecretary shall establish requirements for the safe operation of such aircraft systems in the national airspace system. In seeking this exemption, Olof Ekbergh submits that the DJI Phantom 3 Pro and DJI S800 UAS can operate safely in the NAS pursuant to F MRA Section 333, as demonstrated by: (a) the characteristics of the DJI Phantom Pro and DJI S800 UAS; (b) the pilot certification requirement; and (c) the specific operating

limitations. a. The Specifications Of The DJI Phantom 3 Pro and DJI S800 UAS

Dem onstrate their Safe Characteristics.

The DJI Phantom 3 Pro and DJI S800 UAS do not create a hazard to users of the NAS or the public, or otherwise pose a threat to national security considering its size, weight, speed, and operational capability.

i. Tech nical Specifications Of The DJI Phantom 3 Pro and DJI S800 UAS. The technical specifications of the DJI Phantom Pro and DJI S800 UAS are set forth by the DJI Phantom 3 Pro Specifications and Data Sheet, and DJI S800 Specifications attached hereto as Exhi bit A. ii. The DJI Phantom Pro 3 UAS Autonomous Flight And Navigation Modes Enable The UAS To Remain Within A Defined Operational Area. The DJI Phantom Pro UAS may be operated in both manual and fully autonomous flight modes. A complete description of t he flight and navigational modes of the DJI Phantom 3 Pro UAS and DJI S800 are provided in the User

Manuals attached hereto as Exhibit B. iii. The DJI Phantom 3 Pro and DJI S800 UAS Are Designed For Automatic

Return To Home Point Or Hover In The Event Of Loss Of The Control Link Or Navigation. When the Control Link is lost, the DJI Phantom 3 Pro and DJI S800 UA will remain stationary, in flight, for 3 seconds or more. If, after 3 seconds, the DJI Phantom 3 Pro and DJI S800 UA do not reacquire control lin k 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 Failsafe Functions of the DJI Phantom Pro

UAS are set forth in the DJI Phantom 3 Pro Manual and DJI S800 User Manual

attached as Exhibit B. iv. The DJI Phantom 3 Pro and DJI S800 GCS And Its Operation. A complete description of the operation and specifications of the DJI Phanto m 315 Pro and DJI S800 GCS and flight control software is provided in the user manual.

DJI Phantom 3 Pro User Manual and DJI S800 User Manual are attached hereto as

Exhibit B. b. Flight Operations Of DJI Phantom 3 Pro UAS Are Limited To The Line Of Sight Of A Certificated Pilot in Command With A Safety

Observer. Olof Ekbergh is a licensed instrument rated GA pilot who possess a current and valid airman medical certificate. Additionally, a safety observer will assist during flight time. All flights will be conducted within VLOS. c. Flights Of DJI Phantom 3 Pro and DJI S800 UAS Will Be Conducted Pursuant To Specific Operating Limitations. In seeking this exemption, Olof Ekbergh proposes to commercially operate DJI Phantom 3 Pro and DJI S800 UAS for the sp ecial purpose of conducting aerial video and photography over certain areas of United States, pursuant to the following specific operating limitations: 1. Operations authorized by this grant of exemption will be limited to the following aircraft described in the operating documents, rotorcraft UASs weighing less than 55 pounds maximum gross weight. 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 a t an indicated airspeed exceeding 40 knots. 4. The UA must be operated at an altitude of no more than 200 feet above ground level (AGL), as indicated by the procedures specified in the operating documents unless a special request is made and approved by ATC. All altitudes reported to ATC must be in feet AGL. 5. The UAs must be operated 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 requ irement as long as the PIC always maintains VLOS capability. 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 th e 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.16 10. Prior to each flight the PIC must inspect the UAS to ensure that it i s in a condition for safe flight. The Ground Control Station must be included in the preflight inspection. All maintenance and alterations must be properly

documented in the aircraft records. 11. Any UAS that has undergone maintenance or alterations th at 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

- fligh t 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 aircraft records, including total time in service, description of work accomplished, and the signature of the authorized person returning the

UAS to service. 15. Each UASs operat ed 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 posses s at least a private pilot certificate and at least a current

third

- class medical certificate. 18. The operator may not permit any PIC to operate unless the PIC meets the 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. Dur ing 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. All operations will be conducted under visual meteorological17 conditions (VMC). 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. 25. All aircraft operated in accordance with the exemption must be identified by

serial number, registered in accordance with 14 C.F.R. part 47, and have identification (N

- Number) markings in accordance with 14 C.F.R. part 45, Subpart C. Markings must be as large as practicable. 26. All operations shall be conducted over private or contr olled

- access property with permission from the land owner/controller or authorized representative.

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 S ection 91.7(a) will be maintained because prior to every flight, Olof Ekbergh will ensure that the DJI Phantom 3 Pro and DJI S800 UAS are in an airworthy condition based upon the UAS’s compliance with its operating documents and as stated in the conditio ns 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, 1106 7, 11080, 11109, 11110, 11112, 11136, 11138, 11150, 11153, 11156, 11157, 11158, 11159, 11160, 11161). 4. Reasons Why An Exemption From The Requirements Of Section 91.121 Would Not Adversely Affect Safety. The equivalent level of safety established by Se ction 91.121 will be maintained

because the altitude information of the DJI Phantom 3 Pro and DJI S800 UA will be provided to the PIC via GPS equipment and a radio communications telemetry data link, which downlinks from the UA to the GCS for active monit oring of the flight path and altitude. This altitude information, combined with Olof Ekbergh/s, operation of the DJI Phantom 3 Pro and DJI S800 UAS within visual line of sight, at or below 500 feet AGL, will ensure a level of safety equivalent to Section18 9 1.121. The altitude information will be generated by GPS equipment installed onboard the aircraft. Prior to each flight, a zero altitude initiation point is automatically established by the UASs at ground level. The FAA has previously granted relief from Section 91.121 specific to UAS, in circumstances similar, in all material respects, to those presented herein (e.g. Exemption Nos. 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11112, 11136, 11138, 11150, 11153, 11156, 11157, 11158, 11159, 111 60, 11161). 5. Reasons Why An Exemption From The Requirements Of Section 91.151(b) Would Not Adversely Affect Safety. A grant of this exemption would ensure an equivalent level of safety established by 14 C.F.R. Section 91.151(b) as a result of (1) the technical specifications of the DJI Phantom 3 Pro and DJI S800 UAS; (2) the limitations on the proposed flight operations; and (3) the location of the proposed flight operations. Accordingly, Olof Ekbergh will ensure that he will safely operate the battery powered DJI Phantom Pro and DJI S800 UAS during daylight hours in VFR conditions, with enough battery power to fly for a total duration of 13.5minutes to the first point of intended landing and, assuming normal cruising speed, to fly after that for at lea st

4.5 minutes. Here, as in Exemption No. 11109, the technical specifications of the DJI Phantom 3 Pro and DJI S800 UAS; the limitations on the proposed flight operations; and the location of the proposed operations, will ensure an equivalent level of saf ety established by 14 C.F.R. Section 91.151(b). Furthermore, safety will be ensured as the DJI Phantom 3 Pro and DJI S800 UAS provide audible and visual warnings to the PIC at the GCS when the UAs experiences low battery voltage, the first warning occurrin g at approximately 33% remaining battery power, and again at approximately 10% remaining battery power. At the critically low battery level, the DJI Phantom Pro and DJI S800 UAS will descend and land automatically. Significantly, previous exemptions gran ted by the FAA concerning Section 91.151 establish 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 minimum s 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. Exempti on Nos. 8811, 10808, 10673, 11042, 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110, 11136, 11138, 11150, 11153, 11156, 11157, 11158, 11159, 11160, 11161).19 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, Olof Ekbergh submits that the equivalent level of safety with regard to the regulatory maintenance and alteration requirements established by Sec tions 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b) will be met because Olof Ekbergh will use trained technicians to perform maintenance, alterations, or preventive maintenance on the UAS using the methods, techniques, and practices p rescribed in the operating documents (i.e., the Monthly Maintenance Log, and DJI Phantom 3 Pro and DJI S800 Instruction Manual). Furthermore, Olof Ekbergh will document and maintain all maintenance records

for the DJI Phantom 3 Pro and DJI S800 UAS.

Sin ce the DJI Phantom 3 Pro and DJI S800 UAS will be inspected as prescribed by the operating documents, Olof Ekbergh 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 3 P ro Manual is attached hereto as Exhibit B; a copy of the

DJI S800 Manual is attached as Exhibit C. Likewise, the exemption sought will not adversely affect safety because Olof Ekbergh will use trained technicians to perform maintenance, alterations or

pr eventive maintenance on the UAS using the methods, techniques, and practices prescribed by the operating documents. Furthermore, the exemption sought would maintain an equivalent level of safety established by Sections 91.407, 91.417(a) and 91.417(b), be cause all maintenance of the DJI Phantom 3 Pro and DJI S800 UAS will be performed by trained technicians. Maintenance will be documented and maintained utilizing the monthly maintenance log. Significantly, previous exemptions granted by the FAA concerning Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b) establish that safety is not adversely affected when the technical characteristics and operating

limitations of the UAS are considered. In consideration of Olof Ekbergh's propo sed operating limitations, the operating documents, and the technical aspects of the DJI Phantom 3 Pro and DJI S800 UAS, Olof Ekbergh submits that safety will not be adversely affected by granting exemption from 14 C.F.R. Sections 91.405(a), 91.407(a)(1) and (a)(2), 91.409(a)(2), and 91.417(a) and (b). The FAA has previously granted relief specific to UAS in circumstances similar, in all material respects, to those presented herein (e.g. Exemption Nos. 11062, 11063, 11064,11065, 11066, 11067, 11080, 11109 , 11110, 11112, 11136, 11138,20 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, Olof Ekbergh requests that the FAA prescribe special conditions for the intended operation of the DJI Phantom 3 Pro and DJI S800 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 o peration of the UAS for the limited purpose of conducting aerial video and photography over certain areas of the United States for compensation or hire. FMRA Section 333 sets forth the requirements for considering whether a UAS will create a hazard

to 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 operatio n 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 3 Pro and DJI S800 UAS, since the airworthiness regulations of 14 C.F.R. Part 21 do not contain adequate o r 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 conditions and amendments thereto for the product. The special co nditions are issued in accordance with Part 11 of this chapter and contain such safety standards for the aircraft, aircraft engine or propeller as the FAA finds necessary to establish a level of safety equivalent to that established in the regulations.

See 14 C.F.R. § 21.16. Therefore, in accordance with FMRA Section 333 and 14 C.F.R. § 21.16, the FAA may prescribe special conditions for Olof Ekbergh’s intended operation of the DJI Phantom 3 Pro and DJI S800 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, 33 Subpart H, and 14 C.F.R Sections 61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a),21 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a ) & (b). F. A Summary That Can Be Published In The Federal Register, stating: The

Rules From Which Olof Ekbergh Seeks Exemption: Olof Ekbergh seeks exemption from the requirements of 14 C.F.R Sections 61.113(a)&(b), 91.7(a), 91.121, 91.151(b), 91.405(a), 9 1.407(a)(1), 91.409(a)(1)

& (a)(2), and 91.417(a) & (b). A Brief Description Of The Nature Of The Exemption Olof Ekbergh Seeks: This exemption will permit Olof Ekbergh to commercially operate an Unmanned Aircraft System (UAS) for the purpose of conducting aerial video and photography over certain areas of the United States.

G. Any Additional Information, Views, Or Arguments Available To Support Olof Ekbergh’s Request. This Petition is made pursuant to the FAA Modernization and Reform Act of 2012 (FMRA) Sec tion 333, which directs the Secretary of Transportation to determine if

certain UAS may operate safely in the NAS. As such, Olof Ekbergh’s request for exemption may be granted pursuant to the authority of FMRA Section 333 and 14 C.F.R. Part 11, as set fort h 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 otherwise pose a threat to national security; and further, provides the authority for such UAS to operate without airworthiness certification.Olof Ekbergh will operate the DJI Phantom 3 Pro and DJI S800 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.

H. CONCLUSION

As set forth he rein, Olof Ekbergh seeks an exemption pursuant to 14 C.F.R. § 11.61 and Section 333 of the FAA Modernization and Reform Act of 2012 (FMRA), which will permit safe operation of the DJI Phantom 3 Pro and DJI S800 UAS commercially, without an airworthiness ce rtificate, for the limited purpose of conducting aerial video and photography over certain areas of the United States. By granting this Petition, the FAA Admin istrator 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 Olof Ekbergh to safely, efficiently, and economically operate the DJI Phantom 3 Pro and DJI S800 UAS commercially within the NAS.

WHEREFORE , in accordance with the Federal Aviation Regula tions and the

FAA Modernization and Reform Act of 2012, Section 333, Olof Ekbergh 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), 91.121,22 91.151(b), 91.4 05(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b), and permit Olof Ekbergh to operate

the DJI Phantom 3 Pro and DJI S800 UAS commercially for the purpose of conducting aerial video and photography over certain areas of the United States.

Dat ed October 2015 Respectfully Submitted, ety PO Box 457 North Conway, NH 03860

603

- 383

- 9283 olof@westsideav.com

APPENDICES Safety Manuals and Specifi cations of the DJI Phantom 3 Pro and DJI S800 UAS.