### July 28, 2015

Exemption No. 12197 Regulatory Docket No. FAA

–2015

–1853

Mr. Martin L

. Smith 13652 County Road 180 Carthage, MO 64836

Dear Mr. Smith: This letter is to inform you that we have granted your request for exemption. It transmits our decision, explains its basis, and gives you the conditions and limitations of the exemption, including the date it ends.
By letter dated May 9, 2015, you petitioned the Federal Aviation Administration (FAA) for an exemption. The petitioner requested to operate an unmanned aircraft system (UAS) to conduct aerial videography and photography

. See Appendix A for the petition submitted to the FAA describing the proposed operations and the regulations that the petitioner seeks an exemption

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

. Airworthiness Certification

The UAS proposed by the petitioner is a DJI Phantom 2

. In accordance with the statutory criteria provided in Section 333 of Public Law 112

−95 in reference to 49 U

.S

.C

. § 44704, and in consideration of the size, weight, speed, and limited operating area associated with the aircraft and its operation, the Secretary of Transportation has determined that this aircraft meets the conditions of Section 333. Therefore, the FAA finds that relief from 14 CFR part 21, Certification procedures for products and parts,

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Subpart H

— Airworthiness Certificates, and any associated noise certification and testing requirements of part 36, is not necessary.
The Basis for Our Decision
You have requested to use a UAS for aerial data collection1



### . The FAA has issued grants of exemption in circumstances similar in all material respects to those presented in your petition. In Grants of Exemption Nos

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

−2014

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

—

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

 The reasons stated by the FAA for granting Exemption Nos. 11062, 11109, 11112, and 11213 also apply to the situation you present; and

 A grant of exemption is in the public interest.

Our Decision
In consideration of the foregoing, I find that a grant of exemption is in the public interest. Therefore, pursuant to the authority contained in 49 U.S.C. 106(f), 40113, and 44701, delegated to me by the Administrator, Mr. Martin L. Smith is granted an exemption from 14 CFR §§ 61.23(a) and (c), 61.101(e)(4) and (5), 61.113(a), 61.315(a), 91.7(a), 91.119(c), 91.121, 91.151(a)(1), 91.405(a), 91.407(a)(1), 91.409(a)(1) and (2), and 91.417(a) and (b), to the extent necessary to allow the petitioner to operate a UAS to perform aerial data collection

. This exemption is subject to the conditions and limitations listed below.

Conditions and Limitations

In this grant of exemption, Mr. Martin L. Smith is hereafter referred to as the operator.

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

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

1. Operations authorized by this grant of exemption are limited to the DJI Phantom 2 when weighing less than 55 pounds including payload. Proposed operations of any other aircraft will require a new petition or a petition to amend this exemption

. 2. Operations for the purpose of closed

-set motion picture and television filming are not permitted.

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

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

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

-issued airman medical certificate or U.S. driver’s license.

6. All operations must utilize a visual observer (VO). The UA must be operated within the visual line of sight (VLOS) of the PIC and VO at all times. The VO may be used to satisfy the VLOS requirement as long as the PIC always maintains VLOS capability. The VO and PIC must be able to communicate verbally at all times; electronic messaging or texting is not permitted during flight operations. The PIC must be designated before the flight and cannot transfer his or her designation for the duration of the flight. The PIC must ensure that the VO can perform the duties required of the VO.

7. This exemption and all documents needed to operate the UAS and conduct its operations in accordance with the conditions and limitations stated in this grant of exemption, are hereinafter referred to as the operating documents. The operating documents must be accessible during UAS operations and made available to the Administrator upon request. If a discrepancy exists between the conditions and limitations in this exemption and the procedures outlined in the operating documents, the conditions and limitations herein take precedence and must be followed. Otherwise, the operator must follow the procedures as outlined in its operating documents. The operator may update or revise its operating documents. It is the operator’s responsibility to track such revisions and present updated and revised documents to the Administrator or any law enforcement official upon request. The

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operator must also present updated and revised documents if it petitions for extension or amendment to this grant of exemption. If the operator determines that any update or revision would affect the basis upon which the FAA granted this exemption, then the operator must petition for an amendment to its grant of exemption. The FAA’s UAS Integration Office (AFS−80) may be contacted if questions arise regarding updates or revisions to the operating documents.

8. Any UAS that has undergone maintenance or alterations that affect the UAS operation or flight characteristics, e.g., replacement of a flight critical component, must undergo a functional test flight prior to conducting further operations under this exemption. Functional test flights may only be conducted by a PIC with a VO and must remain at least 500 feet from other people. The functional test flight must be conducted in such a manner so as to not pose an undue hazard to persons and property.

9. The operator is responsible for maintaining and inspecting the UAS to ensure that it is in a condition for safe operation.

10. Prior to each flight, the PIC must conduct a pre

-flight inspection and determine the UAS is in a condition for safe flight. The pre

-flight inspection must account for all potential discrepancies, e.g., inoperable components, items, or equipment. If the inspection reveals a condition that affects the safe operation of the UAS, the aircraft is prohibited from operating until the necessary maintenance has been performed and the UAS is found to be in a condition for safe flight.

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

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

13. Under this grant of exemption, a PIC must hold either an airline transport, commercial, private, recreational, or sport pilot certificate. The PIC must also hold a current FAA airman medical certificate or a valid U.S. driver’s license issued by a state, the District of Columbia, Puerto Rico, a territory, a possession, or the Federal government. The PIC must also meet the flight review requirements specified in 14 CFR § 61.56 in an aircraft in which the PIC is rated on his or her pilot certificate.

14. The operator may not permit any PIC to operate unless the PIC demonstrates the ability to safely operate the UAS in a manner consistent with how the UAS will be operated under this exemption, including evasive and emergency maneuvers and maintaining appropriate distances from persons, vessels, vehicles and structures. PIC qualification flight hours and currency must be logged in a manner consistent with 14 CFR § 61.51(b). Flights for the purposes of training the operator’s PICs and VOs

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(training, proficiency, and experience

-building) and determining the PIC’s ability to safely operate the UAS in a manner consistent with how the UAS will be operated under this exemption are permitted under the terms of this exemption. However, training operations may only be conducted during dedicated training sessions. During training, proficiency, and experience

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

15. UAS operations may not be conducted during night, as defined in 14 CFR § 1.1. All operations must be conducted under visual meteorological conditions (VMC). Flights under special visual flight rules (SVFR) are not authorized.

16. The UA may not operate within 5 nautical miles of an airport reference point (ARP) as denoted in the current FAA Airport/Facility Directory (AFD) or for airports not denoted with an ARP, the center of the airport symbol as denoted on the current FAA

-published aeronautical chart, unless a letter of agreement with that airport’s management is obtained or otherwise permitted by a COA issued to the exemption holder. The letter of agreement with the airport management must be made available to the Administrator or any law enforcement official upon request.

17. The UA may not be operated less than 500 feet below or less than 2,000 feet horizontally from a cloud or when visibility is less than 3 statute miles from the PIC.

18. If the UAS loses communications or loses its GPS signal, the UA must return to a pre

-determined location within the private or controlled

-access property.

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

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

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

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

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

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23. Documents used by the operator to ensure the safe operation and flight of the UAS and any documents required under 14 CFR §§ 91.9 and 91.203 must be available to the PIC at the Ground Control Station of the UAS any time the aircraft is operating. These documents must be made available to the Administrator or any law enforcement official upon request.

24. The UA must remain clear and give way to all manned aviation operations and activities at all times.

25. The UAS may not be operated by the PIC from any moving device or vehicle.

26. All Flight operations must be conducted at least 500 feet from all nonparticipating persons, vessels, vehicles, and structures unless:
a. Barriers or structures are present that sufficiently protect nonparticipating persons from the UA and/or debris in the event of an accident. The operator must ensure that nonparticipating persons remain under such protection. If a situation arises where nonparticipating persons leave such protection and are within 500 feet of the UA, flight operations must cease immediately in a manner ensuring the safety of nonparticipating persons; and b. The owner/controller of any vessels, vehicles or structures has granted permission for operating closer to those objects and the PIC has made a safety assessment of the risk of operating closer to those objects and determined that it does not present an undue hazard

. The PIC, VO, operator trainees or essential persons are not considered nonparticipating persons under this exemption.

27. All operations shall be conducted over private or controlled

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

28. Any incident, accident, or flight operation that transgresses the lateral or vertical boundaries of the operational area as defined by the applicable COA must be reported to the FAA's UAS Integration Office (AFS−80) within 24 hours. Accidents must be reported to the National Transportation Safety Board (NTSB) per instructions contained on the NTSB Web site: www.ntsb.gov

. If this exemption permits operations for the purpose of closed

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

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

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30. At least 3 days before aerial filming, the operator of the UAS affected by this exemption must submit a written Plan of Activities to the local Flight Standards District Office (FSDO) with jurisdiction over the area of proposed filming. The 3

-day notification may be waived with the concurrence of the FSDO. The plan of activities must include at least the following:
a. Dates and times for all flights; b. Name and phone number of the operator for the UAS aerial filming conducted under this grant of exemption;
c. Name and phone number of the person responsible for the on

-scene operation of the UAS; d. Make, model, and serial or N−Number of UAS to be used;
e. Name and certificate number of UAS PICs involved in the aerial filming; f. A statement that the operator has obtained permission from property owners and/or local officials to conduct the filming production event; the list of those who gave permission must be made available to the inspector upon request; g. Signature of exemption holder or representative; and h. A description of the flight activity, including maps or diagrams of any area, city, town, county, and/or state over which filming will be conducted and the altitudes
essential to accomplish the operation.

31. Flight operations may be conducted closer than 500 feet from participating persons consenting to be involved and necessary for the filming production, as specified in the exemption holder’s MPTOM.
Unless otherwise specified in this grant of exemption, the UAS, the UAS PIC, and the UAS operations must comply with all applicable parts of 14 CFR including, but not limited to, parts 45, 47, 61, and 91.
This exemption terminates on July 31, 2017, unless sooner superseded or rescinded.
Sincerely, /s/ John S. Duncan Director, Flight Standards Service

EnclosuresUNITED STATES OF AMERICA DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION WASHINGTON, D.C.



### IN THE MATTER OF THE PETITION FOREXEMPTION OF: Martin L Smith 

### FORAN EXEMPTION SEEKING RELIEF FROM THE REQUIREMENTS OF TITLE 14 OF THE CODE OF FEDERAL REGULATIONS SECTIONS 61.113(a) & 

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

### (a)(2), AND 91.417(a) & 

### (b) CONCERNING COMMERCIAL OPERATION OF DJI PHANTOM 2 UNMANNED AIRCRAFT SYSTEMS PURSUANT TO SECTION 333 OF THE FAA MODERNIZATION AND REFORM ACT OF 2012 (PUBLIC LAW 112-95)

Submitted on May 9, 2015

Martin L Smith 13652 County Road 180 Carthage, Missouri 64836 (417) 358 0826TABLE OF CONTENTS 

### Page

GLOSSARY OF ABBREVIA TIONS

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

SUMMARY

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

INTRODUCTION AND INTERESTS OF PETITIONER

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

BACKGROUND

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

BASIS FOR PETITION

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

NAME AND ADDRESS OF PETITIONER.

............................................................

### ?

THE SPECIFIC SECTIONS OF 14 C.F.R. FROM WHICH AERIAL IMPRESSIONS SEEKS EXEMPTION

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

THE EXTENT OF RELIEF AERIAL IMPRESSIONS SEEKS AND THE REASON AERIAL IMPRESSIONS SEEKS THE RELIEF

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

THE REASONS WHY GRANTING AERIAL IMPRESSIONS'S REQUEST WOULD BE IN THE PUBLIC INTEREST

............................................................................................. 15

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

.........................................................................19

SUMMARY THAT CAN BE PUBLISHED IN THE FEDERAL REGISTER.

.....34

ANY ADDITIONAL INFORMATION, VIEWS, OR ARGUMENTS AVAILABLE TO SUPPORT AERIAL IMPRESSIONS'S REQUEST

...............................................................................................................34

CONCLUSION

....................................................................................................................35

APPENDICES

........................................................................................37AGL
AOI
ATC
ATO
AV
CFR
COA
FAA
FAR
GCS
GPS
LOL
NAS
PIC
Section 333


## so
SOP
UA
UAS
VFR
VLOS
VMC
VTOL GLOSSARY OF ABBREVIATIONS

Above Ground Level
Area ofInterest
Air Traffic Control
Air Traffic Organization
Aerial Vehicle
Code ofFederal Regulations
Certificate ofAuthorization
Federal Aviation Administration
Federal Aviation Regulation
Ground Control Station
Global Positioning System
Loss ofLink
National Airspace System
Pilot In Command
FAA Modernization and Reform Act of2012 (FMRA) Section 333 Safety Observer
Standard Operating Procedures
Unmanned Aircraft
Unmanned Aircraft System
Visual Flight Rules
Visual Line ofSite
Visual Meteorological Conditions
Vertical Takeoffand LandingSUMMARY

I seek exemption from the requirements of 14 C.F.R §§ 61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b), to operate an Unmanned Aircraft System pursuant to Section 333 ofthe FAA Modernization and Reform Act of2012 (FMRA). This exemption will permit me to operate an Unmanned Aircraft System (UAS) for the commercial purpose ofconducting aerial video and photography for wedding videography, real estate photography, special events, forestry practices, and landscape over certain areas ofthe United States.

INTRODUCTION AND INTERESTS OF THE PETITIONER I provide clients with expertise and knowledge in advanced technologies and solutions to increase efficiency, productivity and effectiveness. I also provides clients with the highest quality digital content for use in their commercial, personal, and non-profit multimedia projects. I have over 30 years ofprofessional experience in engineering and special event videography and photography. I have over 30 years ofrecreational/hobby experience in all aspects ofaerial video and photography. I also have over 25 years of aviation experience as a private pilot with an instrument rating. My objective is in aerial video and photography operations is to provide high quality imaging for a variety of forestry, commercial, public, and residential uses, specifically targeting:

• Engineered structures and engineering projects

• Photography and videography

• Increase public knowledge ofUAS and promote safe UAS operations.

BACKGROUND Unmanned Aircraft Systems: DJI PHANTOM 2

I seek an exemption to operate DJI systems for compensation or hire within the NAS. The DJI PHANTOM 2 is a vertical takeoffand landing (VTOL) Unmanned Aircraft (UA) with a Ground Control Station (GCS) utilizing electronic tablet or smart phone systems. The DJI PHANTOM 2 has a maximum gross weight ofapproximately 1280 grams, while having a length of 16 inches width of 16 inches, height of8 inches, and a maximum speed ofapproximately 29 knots. The DJI PHANTOM 2 UAs are equipped with four main rotors; driven by Lithium Polymer battery powered electric motors. The DJI PHANTOM 2 UAs that will be operated by me will be registered in accordance with 49 U.S.C. 44103, Registration of Aircraft, as well as 14 C.F.R Part 47, AircraftRegistration, and marked in accordance with 14 C.F.R. Part 45, Identification and Registration Marking.

BASIS FOR PETITION Petitioner, MARTIN L SMITH, pursuant to the provisions ofthe Federal Aviation Regulations (14 C.F.R. § 11.61) and the FAA Modernization and Reform Act of2012 (FMRA), Section 333, SpecialRules for Certain UnmannedAircraftSystems, hereby petitions the Administrator to commercially operate the DJI PHANTOM 2 UASs in theNational Airspace System (NAS), and for an exemption from the requirements of 14 C.F.R §§ 61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b). In consideration ofthe speed, weight, size, and limited operating area associated with the unmanned aircraft and its operation, I will meet the conditions ofFMRA Section 333 and therefore, will not require an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H. Accordingly, I request relieffrom Sections 91.405(a), 91.407(a)(l), 91.409(a)(l) & (a)(2), and 91.417(a) & (b), as these sections set forth requirements for maintenance that only apply to aircraft with an airworthiness certificate. I submit that the requested reliefis proper since an equivalent level ofsafety will be ensured. I will use my experience to perform maintenance, alterations, or preventive maintenance onthe UASs using the methods, techniques, and practices prescribed in the operating documents (i.e., Monthly Maintenance Log, and DJI PHANTOM 2 Instruction Manual). Furthermore, I will document and maintain all maintenance records for the DJI PHANTOM 2 UASs. Relieffrom certain requirements ofSection 61.113(a) and (b), entitled Privatepilot privileges andlimitations: Pilot in command, is requested by me to the extent necessary to allow a Pilot in Command (PIC) by meeting minimum flight- hour and currency requirements, that the PIC is able to safely operate the DJI PHANTOM 2 UASs in a manner consistent with this exemption, including evasive and emergency maneuvers and maintaining appropriate distances from people, vessels, vehicles and structures. I seek relieffrom Section 91.7(a), entitled Civil aircraft airworthiness, because the DJI PHANTOM 2 UASs do not require an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H. As such, I submit that I will ensure that the 3 UASs are in an airworthy condition, prior to every flight, by determining that the UASs are in compliance with the operating documents (i.e., Monthly Maintenance Log, and DJI PHANTOM 2 Instruction Manual), and that the aircraft are in a condition for safe flight. I also seek an exemption from the requirements ofSection 91.121, entitled AltimeterSettings, as the DJI PHANTOM 2 UAs will not have a typical barometric altimeter onboard. However, altitude information ofthe DJI PHANTOM 2 UAs will be provided to the PIC via Global Positioning System (GPS) equipment and radio communications telemetry data link, which downlinks from the UAto the GCS for active monitoring ofthe flight path. This altitude information, combined with my operation ofthe DJI PHANTOM 2 UASs within visual line ofsight, at or below 400 feet AGL, will ensure a level ofsafety equivalent to Section 91.121. Additionally, I seeks an exemption from the requirements ofSection 91.151(b), entitled Fuel requirements for flight in VFR conditions. I submit that safety will not be affected by operation ofthe DJI PHANTOM 2 UAs during daylight hours in visual meteorological conditions (VMC) under visual flight rules (VFR), with enough battery power to fly for a total duration ofapproximately 15 minutes to the first point ofintended 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, AERIAL IMPRESSIONS provides the following information in support ofits petition for exemption:

### A. Name And Address OfThe Petitioner. The name and address ofthe Petitioner and point ofcontact is:

MARTIN L SMITH 13652 County Road 180 Carthage, MO 64836 Tel: (417) 358 0826 Email: AI@ecarthage.com



### B. The Specific Sections of 14 C.F.R. from Which MARTIN L SMITH Seeks Exemption.

1. I SeekExemption From The Requirements OfSection 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) ofan aircraft that is carrying passengers or property for compensation or hire; nor may that person, for compensation or hire, act as PIC ofan aircraft.
(b) A private pilot may, for compensation or hire, act as PIC ofan 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. I Seek Exemption From The Requirements OfSection 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. I Seek Exemption From The Requirements OfSection 91.121.

Section 91.121, entitled Altimeter settings, subsection (a), states the following, in part: (a) Each person operating an aircraft shall maintain the cruising altitude or flight level ofthat 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 ofa station along the route and within 1 00 nautical miles ofthe aircraft;(ii) Ifthere is no station within the area prescribed in paragraph (a)(l)(i) of this section, the current reported altimeter setting ofan appropriate available station; or
(iii) In the case ofan aircraft not equipped with a radio, the elevation ofthe departure airport or an appropriate altimeter setting available before departure.

4. I Seek Exemption From The Requirements OfSection 91.151(b).

Section 91.151, entitled Fuel requirements for flight in VFR conditions, subsection
(b), states the following:
(b) Noperson may begin aflight in a rotorcraft under VFR conditions unless (considering windand forecast weather conditions) there is enough fuel tofly to thefirstpoint of intended landing and, assuming normal cruisingspeed, to fly after that for at least 20 minutes.

5. I Seek Exemption From The Requirement OfSection 91.405(a).

Section 91.405, entitled Maintenance required, subsection (a), states the following: Each owner or operator ofan aircraft- (a) Shall have that aircraft inspected as prescribed in subpart E ofthis part and shall between required inspections, except as provided in paragraph (c) ofthis section, have discrepancies repaired as prescribed in part 43 ofthis chapter[.]

6. I SeekExemption From The Requirements OfSection 91.407(a)(l)

Section 91.407, entitled Operation after maintenance, preventive maintenance, rebuilding, or alteration, subsection (a)(1), states the following: (a) No person may operate any aircraft that has undergone maintenance, preventive maintenance, rebuilding, or alteration unless--
(1) Ithas been approved for return to service by a person authorized under § 43.7 ofthis chapter[.]

7. I SeekExemption From The Requirements OfSections 91.409(a)(l) And 91.409(a)(2).

Section 91.409, entitled Inspections, subsection (a), states the following:
(a) Except as provided in paragraph (c) ofthis section, no person may operate an aircraft unless, within the preceding 12 calendar months, it has had

--(1) An annual inspection in accordance with part 43 ofthis chapter and has been approved for return to service by a person authorized by § 43.7 ofthis chapter; or
(2) An inspection for the issuance ofan airworthiness certificate in accordance with part 21 ofthis chapter.

8. I SeekExemption From The Requirements OfSections 91.417(a) And 91.417(b).

Section 91.417, entitledMaintenance 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) ofthis section:
(1) Records ofthe maintenance, preventive maintenance, and alteration and records ofthe 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 ofan aircraft. The records must include--
(i) A description (or reference to data acceptable to the Administrator) of the work performed; and
(ii) The date ofcompletion ofthe work performed; and
(iii) The signature, and certificate number ofthe person approving the aircraft for return to service.
(2) Records containing the following information: (i) The total time in service ofthe airframe, each engine, each propeller, and each rotor.
(ii) The current status oflife-limited parts ofeach airframe, engine, propeller, rotor, and appliance.
(iii) The time since last overhaul ofall items installed onthe aircraft which
are required to be overhauled on a specified time basis.
(iv) The current inspection status ofthe 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 ofapplicable airworthiness directives (AD) and safety directives including, for each, the method ofcompliance, the AD orsafety directive number and revision date. Ifthe AD or safety directive involves recurring action, the time and date when the next action is required.
(vi) Copies ofthe forms prescribed by§ 43.9(d) ofthis chapter for each major alteration to the airframe and currently installed engines, rotors, propellers, and appliances.
(b) The owner or operator shall retain the following records for the periods prescribed:
(1) The records specified inparagraph (a)(1) ofthis section shall be retained until the work is repeated or superseded by other work or for 1year after the work is performed.
(2) The records specified inparagraph (a)(2) ofthis section shall be retained and transferred with the aircraft at the time the aircraft is sold.
(3) A list ofdefects 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 OfReliefI SeekAnd The Reason I SeekThe Relief.

1. Extent ofReliefMARTIN L SMITH Seeks And The Reason MARTIN L SMITH Seeks ReliefFrom Section 61.113(a) And (b).

Relieffrom Section 61.113(a) and (b) entitled Privatepilotprivileges and limitations: Pilot in command, is requested to the extent necessary 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 compensation or hire. This reliefis 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 ofan 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. As set forth more fully below, I submit that an equivalent level ofsafety will be maintained because no PIC will be allowed to operate the DJI PHANTOM 2 UAS except forme.Further, I submit that all flights ofthe DJI PHANTOM 2 UASs, conducted by the PIC pursuant to the grant ofthis Petition: (1) will be incidental to MARTIN L SMITH and (2) will not carry passengers or property for compensation or hire.



### 2. Extent OfI SeekAnd The Reason I SeekReliefFrom Section 91.7(a).

Relieffrom Section 91.7(a) entitled Civil aircraft airworthiness, is requested to the extent required to allow MARTIN L SMITH to determine that the DJI PHANTOM 2 UASs are in airworthy condition prior to every flight by ensuring that the UAS is in compliance with the operating documents (i.e., Operations Manual, Monthly Maintenance Log, and DJI PHANTOM 2 Instruction Manual). I seek the requested reliefbecause the DJI PHANTOM 2 UASs do not require an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H. Therefore, I will

ensure that the DJI PHANTOM 2 UASs are in airworthy condition based upon its compliance with the operating documents (i.e., Monthly Maintenance Log, and DJI PHANTOM 2 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 OfReliefI SeekAnd The Reason I Seek ReliefFrom Section 91.121.

Relieffrom Section 91.121, entitled Altimeter settings, may be required to allow flight operations ofthe DJI PHANTOM 2 UASs, which utilize a barometric pressure sensor, GPS equipment, and a radio communications telemetry data link to downlink altitude information from the UAto the PIC at the ground control station (GCS). Since the FAA requires that any altitude information concerning UAS operations be reported to air traffic control (ATC) in feet above ground level (AGL), I seek the requested reliefbecause the DJI PHANTOM 2 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 ofthe proposed operations, relieffrom 14 CFR 91.121 is sought to the extent necessary to comply with the applicable conditions and limitations stated below. As more fully set forth herein, an equivalent level ofsafety will be maintained since the DJI PHANTOM 2 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 with altitude information ofthe UA on the heads-up display ofthe GCS.



### 4. Extent OfReliefI SeekAnd The Reason I Seek ReliefFrom Section 91.151(b).

Relieffrom Section 91.151 (b) entitled Fuel requirements for flight in VFR conditions, is requested to the extent required to allow flights ofthe battery powered DJI PHANTOM 2 UAs during daylight hours in visual meteorological conditions (VMC), under visual flight rules (VFR), for a total duration of 15 minutes to the first point of intended landing and, assuming normal cruising speed, to fly after that for at least 4.5



### "' 10 "'minutes. I seek the requested reliefbecause without an exemption from Section 91.151 (b), the flight time duration ofthe battery powered DJI PHANTOM 2 UAs will severely constrain the practicality ofany aerial video or still photo flight operations that I proposes to conduct pursuant to this Petition. Significantly, as set forth below, the technical specifications ofthe DJI PHANTOM 2 UASs, the DJI PHANTOM 2 operating documents, and my proposed operating limitations, ensure that I will safely operate the battery powered DJI PHANTOM 2 UAs during daylight hours in visual meteorological conditions (VMC), under visual flight rules (VFR), with enough battery power to fly for a total duration of 13.5 minutes to the first point ofintended landing and, assuming normal cruising speed, to fly after that for at least 4.5 minutes.



### 5. Extent OfReliefI SeekAnd The Reason I SeekReliefFrom Sections 91.405(a), 91.407(a)(l), 91.409(a)(l) & 

### (a)(2), And 91.417(a) & 

### (b).

Since Sections 91.405(a), 91.407(a)(1), 91.409(a)(l) & (a)(2), and 91.417(a) & (b) only apply to aircraft with an airworthiness certificate, I request relieffrom these Sections because the DJI PHANTOM 2 UASs do not require airworthiness certificates. As set forth

more fully below, the DJI PHANTOM 2 UASs meet the conditions ofFMRA Section 333 for operation without an airworthiness certificate. Accordingly I will perform maintenance, alterations, orpreventive maintenance on the UASs using the methods, techniques, and practices prescribed in the UAS operating documents (i.e., the Operations Manual, Monthly Maintenance Log, and DJI PHANTOM 2 Instruction Manual). Furthermore, I will document and maintain all maintenance records for the DJI PHANTOM 2 UASs.



### D. The Reasons Why Granting MARTIN L SMITH 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 MAR TIN L SMITH to safely, efficiently, and economically perform aerial video and photography for forestry practices, special events, and landscape over certain areas ofthe United States. Additionally, use ofthe DJI PHANTOM 2 UASs will decrease congestion ofthe NAS, reduce pollution, and provide significant benefits to the economy. Notably, the benefits ofmy proposed operation ofthe DJI PHANTOM 2 UASs will be realized without implicating any privacy issues.



### 1. The Public Will Benefit From Decreased Congestion OfThe NAS. The DJI PHANTOM 2 UAs are battery powered and serve as a safe, efficient, and economical alternative to the manned aircraft traditionally utilized to obtain aerial imagery. Byreducing the amount ofmanned aircraft needed to perform aerial acquisitions, an exemption allowing the use ofa DJI PHANTOM 2 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 onthe ground. Furthermore, by reducing the number ofmanned aircraft operating in the NAS, congestion around airports caused by arriving and departing aircraft will be reduced. The DJI PHANTOM 2 UAs do not require an airport to takeoffor land. Likewise, a reduction ofmanned aircraft conducting aerial video and photography missions would result in fewer

rv 

### 11
rvaircraft that must be handled by air traffic control during the ground, takeoff, departure, arrival, and landing phases offlight operations.



### 2. The Public Will Benefit From The Safety And Efficiency OfThe DJI PHANTOM 2UASs.
Conducting aerial acquisitions with the DJI PHANTOM 2 UASs, instead of manned aircraft, will greatly benefit the public by drastically reducing the levels ofair and noise pollution generated during traditional aerial video and still photography flight operations. By using battery power and electric motors, the DJI PHANTOM 2 UASs produce no air pollution, and is the most viable environmentally conscious alternative to the cabin class, six cylinder internal combustion engine aircraft that are typically utilized for aerial video and photography, while burning approximately 20-30 gallons per hour of leaded aviation fuel. The DJI PHANTOM 2 UAs, while reducing the carbon footprint of aerial acquisitions, also eliminates noise pollution, as the UAs are propelled by battery powered electric motors, rather than an internal combustion engine. By using the DJI PHANTOM 2 UASs to perform aerial acquisitions, the substantial risk to life and property in the air and on the ground, which is usually associated with traditional manned aircraft flight operations, will be substantially reduced or completely eliminated. Aside from the lack offlight crew members located onboard the aircraft, the DJI PHANTOM 2 UAs (weighing approximately 2 pounds 11 ounces, at maximum gross weights with lengths of 16 inches, widths of 16 inches, and with no fuel on board), has less physical potential for collateral damage to life and property on the ground, and in the air, compared to the manned aircraft that typically conduct similar operations (weighing approximately 6,000 pounds with a wingspan ofapproximately 42 feet, a length of34 feet, and a fuel capacity of 180 gallons).



### 3. PerformingAerial Video and Photography Operations With The DJI PHANTOM 2 UASs Will Benefit The Economy.

In addition to being safe and efficient, the DJI PHANTOM 2 UASs are also an economical alternative to using manned aircraft to conduct similar aerial operations. As such, operation ofthe DJI PHANTOM 2 UASs will allow United States based companies, like mine, to remain competitive and contribute to growth ofthe U.S. economy. Specifically, with the rising cost ofaviation fuel and the Environmental Protection Agency ("EPA") regulatory actions phasing out leaded aviation fuels, U.S. owned and operated companies must adopt new and alternative technology in order to remain competitive. Operating the battery powered DJI PHANTOM 2 UASs is one such technology that not only allows companies greater operational flexibility compared to manned aircraft, but provides such flexibility without the high operational cost ofa traditional manned aircraft. By operating the DJI PHANTOM 2 UASs, companies such as I, can remain competitive and profitable, and therefore, provide greaterjob stability to employees and contractors, which will ultimately contribute to growth ofthe U.S. economy. Improved

**~** 

### 12

**~**financial performance ofU.S. companies, through commercial use ofthe DJI PHANTOM 2 UASs, provides a stable workforce that increases consumer spending; improves local, state, and federal tax revenues; and allows companies to invest in research and development in order to remain competitive both in the United States and abroad.



### 4. There Are No Privacy Issues.

Similarto the manned aerial acquisition flight operations that have been conducted for decades, I proposed operation ofthe DJI PHANTOM 2 UASs will not implicate any privacy issues. Specifically, the DJI PHANTOM 2 UASs will be operated only in compliance with operating documents (i.e., the Operations Manual, Monthly Maintenance Log, and DJI PHANTOM 2 Instruction Manual) which requires property owner involvement as well as local law enforcement notification, and in accordance with the Federal Aviation Regulations, including the minimum altitude requirements of 14 C.P.R. § 91.119.



### E. The Reasons Why Granting The Exemption Would Not Adversely Affect Safety, OrHow The Exemption Would Provide A Level OfSafety AtLeast Equal To That Provided By The Rule From Which I SeekExemption.



### 1. Reasons Why The DJI PHANTOM 2 UAs Meet The Conditions OfThe FAA Modernization and Reform Act of2012 (FMRA) Section 333.

In consideration ofthe size, weight, speed, and limited operating area associated with the unmanned aircraft and its operation, my operation ofthe DJI PHANTOM 2 UASs meet the conditions ofFMRA Section 333, and will not require an airworthiness certificate in accordance with 14 C.P.R. Part 21, Subpart H. Section 333 provides authority for a UAS to operate without airworthiness certification and sets forth requirements for considering whether a UAS will create a hazard to users ofthe 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, andnot later than 180 days after the date of enactment of thisAct, the Secretary of Transportation shall determine 

### if certain unmannedaircraft systems may operate safely in the national airspace system before completion of theplan andrulemaking requiredby section 332 of thisAct or the guidance required by section 334 of thisAct.
(b) Assessment ofUnmannedAircraftSystems.--In making the determination under subsection (a), the Secretary shall determine, ata minimum--
(1) which types of unmannedaircraft systems, 

### if any, as a result of their size, weight, speed, operational capability, proximity to airports and populatedareas, andoperation within visual line of sightdo not create

**~** 

### 13

**~**a hazardto users of the national airspace system or thepublic orpose 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 unmannedaircraft systems identified underparagraph (1).
(c) Requirements for Safe Operation. --If the Secretary determines under this section that certain unmannedaircraft systems may operate safely in the national airspace system, the Secretary shall establish requirements for the safe operation of such aircraft systems in the national airspace system.

In seeking this exemption, I submit that the DJI PHANTOM 2 UASs can operate safely in the NAS pursuant to FMRA Section 333, as demonstrated by: (a) the characteristics ofthe DJI PHANTOM 2 UASs; (b) the pilot certification requirement; and (c) the specific operating limitations.


### a. The Specifications OfThe DJI PHANTOM 2 UASs Demonstrate Its Safe Characteristics.

The DJI PHANTOM 2 UASs do not create a hazard to users ofthe NAS or the public, or otherwise pose a threat to national security considering its size, weight, speed, and operational capability.



### i. Technical Specifications OfThe DJI PHANTOM 2 UASs.

The technical specifications ofthe DJI PHANTOM 2 UASs are set forth by the DJI PHANTOM 2 Specifications and Data Sheet.

ii. 

### The DJI PHANTOM 2 UASs Autonomous Flight And Navigation Modes Enable The UASs To Remain Within A Defined Operational Area.

The DJI PHANTOM 2 UASs may be operated in both manual and fully autonomous flight modes. A complete description ofthe flight and navigational modes of the DJI PHANTOM 2 UASs is provided at pages 25-35 ofthe DJI PHANTOM 2 User Manuals.

iii. 

### The DJI PHANTOM 2 UASs Are Designed ForAutomatic Return To Home Point OrHover In The Event OfLoss OfThe Control Link OrNavigation.

When the Control Link is lost, the DJI PHANTOM 2 UAs will remain stationary, in flight, for 3 seconds or more. If, after 3 seconds, the DJI PHANTOM 2 UAs do not reacquire control link data from the GCS, the UAs will assume that the Control Link is lost and the UAs will return to the home position (i.e., failsafe mode) via GPS, and will descend to the takeoffposition and shutdown.



### ""'14""'A complete description ofthe Failsafe Functions ofthe DJI PHANTOM 2 UAS are set forth at pages 27 through 29 ofthe DJI PHANTOM 2 User Manuals

..

a. Flights OfDJI PHANTOM 2 UASs Will Be Conducted Pursuant To Specific Operating Limitations.

In seeking this exemption, I propose to commercially operate DJI PHANTOM 2 UASs for the purpose ofconducting aerial video and photography over certain areas of United States, pursuant to the following specific operating limitations: 1. Operations authorized by this grant ofexemption will be limited to the following aircraft described in the operating documents, rotorcraft UASs weighing less than 55 pounds maximum gross weight: DJI PHANTOM 2 Unmanned Aircraft Systems. Proposed operations ofany 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 ofaerial video and photography.

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

4. The UA must be operated at an altitude ofno more than 400 feet above ground level (AGL), as indicated by the procedures specified inthe operating documents unless a special request is made and approved by ATC. All altitudes reported to ATC mustbe in feet AGL.

5. The UAs must be operated within visual line ofsight (VLOS) ofthe 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 offirst person view (FPV) bythe PIC or safety observer (SO) is not permitted.

7. All operations must utilize a safety observer (SO). The SO may be used to satisfy the VLOS requirement as long as the PIC always maintains VLOS capability. The SO and PIC must be able to communicate verbally at all times. Electronic messaging ortexting is not permitted during flight operations. The PIC must be designated before the flight and cannot transfer his or her designation for the duration ofthe flight. The PIC must ensure that the SO can perform the functions prescribed in the operating documents.

8. The SO must not perform any other duties beyond assisting the PIC with seeing and avoiding other air traffic and other ground based obstacles/obstructions and is not permitted to operate the camera or other instruments.

9. The operating documents and the grant ofexemption must be accessible during UAS operations and made available to the Administrator upon request. Ifa discrepancy exists between the conditions and limitations contained in the grant



### "' 15 "'ofexemption and the procedures outlined in the operating documents, the conditions and limitations contained in the grant ofexemption take precedence and must be followed. Otherwise, the operator must follow the procedures as outlined in its operating documents. The operator may update or revise its operating documents. Itis the operator's responsibility to track such revisions and present updated and revised documents to the Administrator upon request. The operator must also present updated and revised documents ifit petitions for extension or amendment to the grant ofexemption. Ifthe 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 the operating documents.

10. Prior to each flight the PIC must inspect the UAS to ensure that it is in a condition for safe flight. Ifthe inspection reveals a condition that affects the safe operation ofthe UAS, the aircraft is prohibited from operating until the necessary maintenance has been performed and the UAS is found to be in a condition for safe flight. The Ground Control Station must be included in the preflight inspection. All maintenance and alterations must be properly documented inthe aircraft records.

11. Any UAS that has undergone maintenance or alterations that affect the UAS operation or flight characteristics, e.g. replacement ofa flight critical component, must undergo a functional test flight. The PIC who conducts the functional test flight must make an entry in the aircraft records.

12. The pre-flight inspection must account for all potential discrepancies, e.g. inoperable components, items, or equipment, not already covered in the relevant sections ofthe 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 ofreplacement/overhaul component parts must be noted in the aircraft records, including total time in service, description ofwork accomplished, and the signature ofthe authorized person returning the UAS to service.

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

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

17. The PIC must possess at least a private pilot certificate and at least a current third- class medical certificate.18. The operator may not permit any PIC to operate unless the PIC meets the 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 oftraining the operator's PICs are permitted under the terms ofthe exemption. However, training operations may only be conducted during dedicated training sessions. During training, proficiency, and experience-building flights, all persons not essential for flight operations are considered nonparticipants, and the PIC must operate the UA with appropriate distance from nonparticipants in accordance with 14 C.P.R.§ 91.119.

19. UAS operations may not be conducted during night, as defined in 14 C.P.R.§ 1.1. All operations must be conducted under visual meteorological conditions (VMC). Ifflight at night is required, a special request will be made at the FAA office closest to proposed area ofoperations. Flights under special visual flight rules (SVFR) are not authorized.

20. The UA may not operate within 5 nautical miles ofan airport reference point as denoted on a current FAA-published aeronautical chart unless a letter of agreement with that airport's management is obtained, and the operation is conducted in accordance with a NOTAM as required by the operator's COA. The letter ofagreement with the airport management must be made available to the Administrator upon request.

21. The UA may not be operated less than 400 feet below or less than 2,000 feet horizontally from a cloud or when visibility is less than 3 statute miles from the PIC.

22. Ifthe 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 ofunpredicted 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 remammg.
25. The operator must obtain an Air Traffic Organization (ATO) issued Certificate ofWaiver or Authorization (COA) prior to conducting any operations under the grant ofexemption. 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


### "' 17 "'hours prior to the operation. All operations shall be conducted in accordance with airspace requirements in the ATO issued COA including class ofairspace, altitude level and potential transponder requirements.

26. All aircraft operated in accordance with the exemption must be identified by serial number, registered in accordance with 14 C.P.R. part 47, and have identification (N- Number) markings in accordance with 14 C.P.R. part 45, Subpart C. Markings must be as large as practicable.

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

28. The documents required fewer than 14 C.P.R. 91.9 and 91.203 must be available to the PIC at the Ground Control Station ofthe UAS any time the UAS is operating. These documents must be made available to the Administrator or any law enforcement official upon request.
29. The UA must remain clear and yield the right ofway to all manned aviation operations and activities at all times.

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

31. Flight operations must be conducted at least 500 feet from all nonparticipating persons (persons other than the PIC, SO, operator trainees or essential persons), vessels, vehicles, and structures unless:

a. Barriers or structures are present that sufficiently protect nonparticipating persons from the UA and/or debris in the event ofan accident. The operator must ensure that nonparticipating persons remain under such protection. Ifa situation arises where nonparticipating persons leave such protection and are within 500 feet ofthe UA, flight operations must cease immediately and/or;

b. The aircraft is operated near vessels, vehicles or structures where the owner/controller ofsuch vessels, vehicles or structures has granted permission and the PIC has made a safety assessment ofthe risk of operating closer to those objects and determined that it does not present
an undue hazard, and;

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

32. All operations shall be conducted over private or controlled-access property with permission from the land owner/controller or authorized representative. Permission from land owner/controller or authorized representative will be obtained for each flight to be conducted.33. Any incident, accident, or flight operation that transgresses the lateral or vertical boundaries ofthe operational area as defined by the applicable COA must be reported to the FAA's UAS Integration Office (AFS-80) within 24 hours. Accidents must be reported to the National Transportation Safety Board (NTSB) per instructions contained on the NTSB Web site: www.ntsb.gov.

2. Reasons Why An Exemption From The Requirements OfSection 61.113(a) And (b) Would Not Adversely Affect Safety.

I submit that the equivalent level ofsafety established by Section 61.113(a) and (b) will be maintained because no PIC will be allowed to operate the DJI PHANTOM 2 UASs except MARTIN L SMITH and that PIC has demonstrated, by meeting minimum flighthour and currency requirements, that the PIC is able to safely operate the DJI PHANTOM 2 UAS in a manner consistent with the exemption, including evasive and emergency
maneuvers and maintaining appropriate distances from people, vessels, vehicles and structures. Considering my proposed area ofoperations, and the operating limitations set forth-above; the parallel nature ofprivate pilot aeronautical knowledge requirements to those ofcommercial pilot requirements (See Exemption No. 11062); and the airmanship skills necessary to safely operate the DJI PHANTOM 2 UAS, I submit that the additional manned airmanship experience ofa commercially certificated pilot would not correlate to the airmanship skills necessary for my specific proposed flight operations. The FAA has previously granted relieffrom Section 61.113(a) and (b) specific to UAS, in circumstances similar, in all material respects, to those presented herein (e.g. ExemptionNos.11062, 11063,11064,11065,11066,11067,11080,11109,11110,11112, 11136,11138,11150,11153,11156,11158,11159,11160, 11161). I will not allow any PIC to operate the DJI PHANTOM 2 UAS except me and that PIC has demonstrated, by meeting minimum flight-hour requirements or the DJI PHANTOM 2 UAS training and currency requirements, that the PIC is able to safely operate the DJI PHANTOM 2 UAS in a manner consistent with this exemption, including evasive and emergency maneuvers and maintaining appropriate distances from people, vessels, vehicles and structures. Specifically, the PIC must have accumulated and logged, in a manner consistent with 14 C.F.R. § 61.51(b), 25 hours oftotal time as a UAS rotorcraft pilot (with a minimum of5 hours ofthose hours as a UAS pilot operating the same make and model of UAS to be used for operations under the exemption). In addition to the hour requirements, the PIC must accomplish 3 takeoffs and landings in the preceding 90 days (for currency purposes). As in ExemptionNos. 11062, 11138, and 11153, prior documented flight experience that was obtained in compliance with applicable regulations will ensure an equivalent level ofsafety during my proposed operations. The Administrator has held that prior documented flight experience that was obtained in compliance with applicable regulations would ensure safe operations, stating as follows: In ExemptionNo. 11062, the FAA required that prior to conducting operations for the purpose ofmotion picture filming (or similar operations), the PIC must have accumulated and logged, in a manner consistent with 14 CFR 61.51(b), 25 hours of



### "' 19 "'total time as a UAS rotorcraft pilot including at least 10 hours logged as a UAS pilot with a multi-rotor UAS. Prior to operations under ExemptionNo. 11062, the PIC must also have accumulated and logged a minimum of5 hours as a UAS pilot operating the same make and model ofUAS to be used for operations under the exemption. For clarification, the FAA considers these minimum hour requirements to be inclusive rather than additive; i.e. 5 hours make and model time may be included in the 10 hours ofmulti-rotor time and the 10 hours may be included in the total25 hours ofUAS rotorcraft time. In addition to the hour requirements, the PIC must accomplish 3 takeoffs and landings in the preceding 90 days (for currency purposes). The FAA finds that at a minimum, the flight-hour requirements in ExemptionNo. 11062 are appropriate to practice and build proficiency in the skills necessary to safely conduct the petitioner's proposed operations. The FAA also finds that prior documented flight experience that was obtained in compliance with applicable regulations would satisfy this requirement. Training, proficiency, and experience-building flights can also be conducted under the grant ofexemption to accomplish the required flight time. During training, proficiency, and experience-building flights the PIC is required to operate the UA with appropriate distances in accordance with 14 C.F.R 91.119. Exemption No. 11138 at page 15. Accordingly, I will ensure safe operations by not allowing any PIC to operate the DJI PHANTOM 2 UAS unless that PIC has demonstrated, by meeting minimum flighthour and currency requirements, that the PIC is able to safely operate the DJI PHANTOM 2 UAS in a manner consistent with the exemption, including evasive and emergency
maneuvers and maintaining appropriate distances from people, vessels, vehicles and structures.

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

The equivalent level ofsafety established by Section 91.7(a) will be maintained because priorto every flight, I will ensure that the DJI PHANTOM 2 UAS is in an airworthy condition based upon the UAS's compliance with its operating documents and

as stated in the conditions and limitations herein. Additionally, the FAAhas previously granted relieffrom Section 91.7(a) specific to UAS, in circumstances similar, in all material respects, to those presented herein (e.g. Exemption Nos. 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110, 11112, 11136,11138,11150,11153,11156,11157,11158,11159,11160, 11161).

4. Reasons Why An Exemption From The Requirements OfSection 91.121 Would Not Adversely Affect Safety.

The equivalent level ofsafety established by Section 91.121 will be maintained because the altitude information ofthe DJI PHANTOM 2 UAs will be provided to the PIC via GPS equipment and a radio communications telemetry data link, which downlinks from the UA to the GCS for active monitoring ofthe flight path and altitude. This altitude information, combined with my operation ofthe DJI PHANTOM 2 UAs within visual lineofsight, at orbelow 400 feet AGL, will ensure a level ofsafety equivalent to Section 91.121. The altitude information will be generated by GPS equipment installed onboard the aircraft. Prior to each flight, a zero altitude initiation point is automatically established by the UASs at ground level. The FAA has previously granted relieffrom 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, 11160, 11161).



### 5. Reasons Why An Exemption From The Requirements OfSection 91.151(b) Would Not Adversely Affect Safety.

A grant ofthis exemption would ensure an equivalent level ofsafety established by 14 C.F.R. Section 91.151(b) as a result of(l) the technical specifications ofthe DJI PHANTOM 2 UASs; (2) the limitations onthe proposed flight operations; and (3) the location ofthe proposed flight operations. Accordingly, I will ensure that it will safely operate the battery powered DJI PHANTOM 2 UAs during daylight hours in VFR conditions, with enough battery power to fly for a total duration of 15 minutes to the first point ofintended landing and, assuming normal cruising speed, to fly after that for at least 4.5 minutes.
Here, as in Exemption No. Ill09, the technical specifications ofthe DJI PHANTOM 2 UASs; the limitations on the proposed flight operations; and the location of the proposed operations, will ensure an equivalent level ofsafety established by 14 C.F.R. Section 91.151(b). Furthermore, safety will be ensured as the DJI PHANTOM 2 UASs provide audible and visual warnings to the PIC at the GCS when the UAs experiences low battery voltage, the first warning occurring at approximately 33% remaining battery power, and again at approximately 10% remaining battery power. At the critically low battery level, the DJI Phantom3 UASs will descend and land automatically. Significantly, previous exemptions granted by the FAA concerning Section 91.151 establish that safety is not adversely affected when the technical characteristics and operating limitations ofthe UAS are considered. Reliefhas been granted for manned aircraft to operate at less than the minimums prescribed in Section 91.151, including ExemptionNos. 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. ExemptionNos. 8811, 10808, 10673, 11042, 11062, 11063, 11064,11065,11066,11067,11080,11109,11110,11136,11138,11150,11153,11156, 11157,11158,11159,11160, 11161). 

### 6. Reasons Why An Exemption From The Requirements OfSections 91.405(a), 91.407(a)(l), 91.409(a)(l) & 

### (a)(2), And 91.417(a) & 

### (b) Would Not Adversely Affect Safety.

In seeking this exemption, I submit that the equivalent level ofsafety with regard to the regulatory maintenance and alteration requirements established by Sections 91.405(a), 91.407(a)(1), 91.409(a)(l) & (a)(2), and 91.417(a) & (b) will be met because AERIAL IMPRESSIONS will use trained technicians to perform maintenance, alterations, or preventive maintenance onthe UASs using the methods, techniques, and practices



### "' 21 "'prescribed in the operating documents (i.e., the Operations Manual, Monthly Maintenance Log, and DJI PHANTOM 2 Instruction Manual). Furthermore, I will document and maintain all maintenance records for the DJI PHANTOM 2 UASs.
Likewise, the exemption sought will not adversely affect safety because I will use my experience to perform maintenance, alterations or preventive maintenance on the UAS using the methods, techniques, and practices prescribed by the operating documents. Furthermore, the exemption sought would maintain an equivalent level ofsafety established by Sections 91.407, 91.417(a) and 91.417(b), because all maintenance ofthe DJI PHANTOM 2 UASs will be performed by me. 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)(l), 91.409(a)(l) & (a)(2), and 91.417(a) & (b) establish that safety is not adversely affected when the technical characteristics and operating limitations ofthe UAS are considered. In consideration ofmy proposed operating limitations, the operating documents, and the technical aspects ofthe DJI PHANTOM 2 UASs, I submit 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. ExemptionNos. 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110, 11112,11136,11138,11150,11153,11156,11157,11158,11159,11160, 11161).

7. The FAA May Prescribe Any Other Conditions For Safe Operation. In accordance with Section 333 ofthe FAA Modernization and Reform Act of2012 (FMRA) and 14 C.F.R. § 21.16 entitled Special Conditions, I request that the FAA prescribe special conditions for the intended operation ofthe DJI PHANTOM 2 UASs, which contain such safety standards that the Administrator finds necessary to establish a level ofsafety 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)(l), 91.409(a)(l) & (a)(2), and 91.417(a) & (b). Such special conditions will permit safe operation ofthe UAs for the limited purpose ofconducting aerial video and photography over certain areas of the United States for compensation or hire. FMRA Section 333 sets forth the requirements for considering whether a UAS will create a hazard to users ofthe NAS or the public, or otherwise pose a threat to national security; and further, provides the authority for such UAS to operate without airworthiness certification in accordance with any requirements that must be established for the safe operation ofthe UAS in the NAS. Likewise, the Administrator may prescribe special conditions pursuant to 14 C.F.R. § 21.16, for operation ofthe DJI PHANTOM 2 UASs, since the airworthiness regulations of 14 C.F.R. Part 21 do not contain adequate or appropriate safety standards, due to the novel or unusual design features ofthe aircraft. Section 21.16, entitled Special Conditions, states the following: Ifthe FAA finds that the airworthiness regulations ofthis subchapter do not contain adequate or appropriate safety standards for an aircraft, aircraft engine, or propeller because ofa novel or unusual design feature ofthe aircraft, aircraft engine or propeller, he prescribes special conditions and amendments thereto for the product.The special conditions are issued in accordance with Part 11 ofthis chapter and contain such safety standards for the aircraft, aircraft engine or propeller as the FAA finds necessary to establish a level ofsafety 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 Leading Edge's intended operation ofthe DJI PHANTOM 2 UASs, which contain such safety standards that the Administrator finds necessary to establish a level ofsafety 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, 91.15l(b), 91.405(a), 91.407(a)(l), 91.409(a)(l) & (a)(2), and 91.417(a) & (b).



### F. A Summary That Can Be Published In The FederalRegister, stating: The Rules From Which MARTIN L SMITH Seeks Exemption:

MARTINL SMITHseeks exemptionfrom 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), and91.417(a) & (b).



### A BriefDescription OfThe Nature OfThe Exemption MARTIN L SMITH Seeks:

This exemption willpermitMARTINL SMITHto commercially operate an UnmannedAircraftSystem (UAS)for thepurpose of conducting aerial video and photography over certain areas of the UnitedStates.



### G. Any Additional Information, Views, OrArguments Available To Support MARTIN L SMITH's Request.

This Petition is made pursuant to the FAA Modernization and Reform Act of2012 (FMRA) Section 333, which directs the Secretary ofTransportation to determine ifcertain UAS may operate safely in the NAS. As such, MARTIN L SMITH's request for exemption may be granted pursuant to the authority ofFMRA Section 333 and 14 C.F.R. Part 11, as set forth above. FMRA Section 333 sets forth the requirements for considering whether a UAS will create a hazard to users ofthe 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, MARTIN L SMITH will operate the DJI PHANTOM 2 UASs safely in the NAS, without creating a hazard to users ofthe NAS, or the public, or otherwise pose a threat to national security.



### CONCLUSION 

### "' 23 "'As set forth herein, MARTIN L SMITH seeks an exemption pursuant to 14 C.F.R. 

### § 11.61 and Section 333 ofthe FAA Modernization and Reform Act of2012 (FMRA), which will permit safe operation ofthe DJI PHANTOM 2 UASs commercially, without an airworthiness certificate, for the limited purpose ofconducting aerial video and photography over certain areas ofthe United States. By granting this Petition, the FAA Administrator will be fulfilling the Congressional mandate ofthe FAA Modernization and Reform Act of2012, while also advancing the interests ofthe public, by allowing MARTIN L SMITH to safely, efficiently, and economically operate the DJI PHANTOM 2 UASs commercially within the NAS. WHEREFORE, in accordance with the Federal Aviation Regulations and the FAA Modernization and Reform Act of2012, Section 333, MARTIN L SMITH 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)(l), 91.409(a)(1) & (a)(2), and 91.417(a) & (b), and permit Leading Edge to operate the DJI PHANTOM 2 UASs commercially for the purpose ofconducting aerial video and photography over certain areas ofthe United States. Dated: April 22, 2015

Respectfully submitted,

MARTIN L SMITH

# c::i~,

Appendices:

A- DJI PHANTOM 2 Specifications Data Sheet B

- Monthly Maintenance Log

'V 

### 24 'V 13652 County Road 180Carthage, MO 64836 Tel: (417) 358 0826APPENDIX-A



### DJI PHANTOM 2 TECHNICAL SPECIFICATIONS

I only utilize safe and reliable UASs. DJI is an industry leader in small UAS production. DJI UASs are loaded with ground breaking software enabling the user to setparameters which will not allow flight into controlled airspace. Parameters can also be set to limit flight to no higher than a predetermined and set altitude as well as limit flight to a predetermined and set distance. In addition, DJI software provides real-time altitude and location information to the PIC via the linked monitor (smart phone/tablet devices)

PHANTOM2 Purchased from DJI.com PHANTOM 2 Specs. 

### Weight (Including Battery And Propellers) 1300 g 

### Diagonal Size (Including Propellers) 590mm 

### Max Ascent Speed 6 m/s 

### Max Descent Speed 2 m/s 

### Hover Accuracy Vertical: +/- 80 em Horizontal:+/- 2m 

### Max Speed 15 m/s (ATTI mode, no wind) 

### Max Altitude Above Sea Level 6000m 

### Operating Temperature -l0°C to 50°C 

### GPS Mode GPS/GLONASS



### Operating Frequency 2.400 GHz-2.483 GHz 

### Max Distance 1

OOOm (outdoors and unobstructed)

PHANTOM 2 Pre-Flight Inspection Check List
Pre-Flight Check List

o Visual inspection for defects

o Batteries fully charged and checked- Transmitter, UAS, iPad, iPhone,



### "' 25 "'

### approved/compatible device

o Props tightened and locked

o SD card in camera
o Lens cap removed (As necessary)

o Antennae up and parallel

o Transmitter tumed on (press once, release, then press and hold for 3 seconds)

o Ensure Transmitter is in P Mode

o UAS turned on (press once, release, then press and hold for 3 seconds)

o Flick the transformation switch on transmitter up and down 4 times quickly to convert from travel mode to flight mode or use the app
o DJI Pilot app quit and restarted, no other running apps on iPad

o Tap bar at top ofapp (Safe to Fly GPS) for full status

o Maps are cached (move the map around, zoom in an out)

o Minimum return height adjusted (check for tallest object and set accordingly)

o UAS placed in safe launch and recover position

o Home point reprogrammed via app
o Area clear ofpeople I 

### obstructions

Flight Check List

o Hover close for 20 seconds. Look I 

### Listen for defects

o Confirm expected stick operation

o Monitor battery power
o Monitor signal strength

o Keep line-of-sight with UAS Ensure area/zone ofintended flight path is clear ofother aerial traffic. Ensure area/zone ofintended flight path is clear ofany electrical/power lines Ensure atmospheric conditions arc optimal for safe operation ofUAV/UAS

Select a safe zone to "ditch" the UAV /UAS in the event an emergency landing is required



### "' 26 "'

### PHANTOM Flying Flowchart V1.0 (Simplified Version)
This flowchart is aiming at help yoo to get familiarwith 

### too flying procedures of PHANTor.', please read the
Manua.l carefullyto get the operation details. 11s corresponding Firrnv.'<lre Verslon is V3 0

L



# .........



# .........**Sw~ch** on the transmitte-r, and then power oo the PHANTOM.

Sense< ErrorTro ELg LEO:Red+ Green+Yellow**•~** Compass Errcr Too B;g 

## !-------+( LED:Red+YeiiC¥1)-
_.
"-------•I If Red LED appe.ars in the lastfour greE<n flashes. !he autoplot**s~!em** cannClC WOlt.

Gre.:" Part m"ans normal procedures:

---..,. m..ans regubrslluation.

- - [I> m"ans selectable orpossill" situation. P'r" TH1 !ells the detais. Rl!d Part means possible aboonnal situation. Pan is possible in nonma! or abnormal sill.lation, reqwe yoo to coo1irm by lheTi>>1 for delads. Part is thee condition of lhe normal situation. Pui'J)le Part is the condition ofthe abnormal situation.

### APPENDIX-B

**MONTHLY9VJAINTENANCE~OG** month:_ lvear:



# ~ Date(lssue{ Date(lssue( lssue(Description(&(Maintenance(Conducted 

## ....... .,

### .. Discovered Addressed ''I' ,i.,

, ... '" 

## ..

# ..

Airframe(

Engines

Propellers

........,u

....u.,

Landing(Gear

I "0

Other: