UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

FEDERAL AVIATION ADMINISTRATION

DOCKET MANAGEMENT SYSTEM

1200 NEW JERSEY AVENUE,

WASHINGTON, DC 20590

IN THE MATTER OF THE PETITION FOR EXEMPTION OF:



### PRICE EDWARDS & COMPANY

FOR AN EXEMPTION SEEKING RELIEF FROM THE REQUIREMENTS OF THE FAA REFORM

ACT AND PART 11 OF THE FEDERAL AVIATION REGULATIONS FROM

TITLE 14 OF THE CODE OF FEDERAL REGULATIONS

SECTIO NS 61.113(a) & (b), 61 .101(e)(4) & (e)(5), 61.315(a), 91.7(a),91.119(c), 91.121,

91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), AND 91.417(a) & (b)

CONCERNING COMMERCIAL OPERATION OF DJI Phantom 2 Vision+ and DJI Phantom 3

Professional UNMANNED AIRCRAFT SYSTEMS PURSUANT TO SECTION 333 OF THE FAA

MODERNIZATION AND REFORM ACT OF 2012

(PUBLIC LAW 112

- 95)

Submitted on September 24 , 2015

Submitted by:

DeBee Gilchrist, P.C.

1200 NW 63 rd Street

Oklahoma City, Oklahoma 73116

On Behalf of :

Price Edwards & Company

210 Park Ave, Suite 1000

Oklahoma City, Oklahoma 731022 

### TABLE OF CONTENTS

GLOSSARY OF ABBREVIA TION S 3

SUMMARY 4

IN TRODUCTION AND INTER ESTS OF THE PETITIONE R 4

EQUIPMENT 4

BASIS FOR PETITION 5

A. NAME AND ADDRESS OF THE PETITIONER 8

B. THE SPECIFIC SECT IONS OF 14 C.F.R. FR OM WHICH PRICE

EDWARDS & COMPANY SE EKS EXEMPTION 8

C. THE EXTENT OF REL IEF PRICE EDWARDS & COMPANY

SEEKS AND THE REASON PRICE EDWARDS & COMP ANY

SEEKS THE RELIEF 13

D. THE REASONS WHY G RANTING PRICE EDWARD S &

COMPANY’S REQUEST WOULD BE IN THE PUBLIC INTEREST

AND HOW IT WOULD BEN EFIT THE PUBLIC AS A WHOLE 17

E. THE REASONS WHY G RANTING THE EXEMPTIO N WOULD

NOT ADVERSELY AFFECT SAFETY, OR HOW THE EXEMPTION

WOULD PROVIDE A LEVE L OF SAFETY AT LEAST EQUAL

TO THAT PROVIDED BY THE REGULATION FR OM WHICH

PRICE EDWARDS & COMP ANY SEEKS EXEMPTION 21

F. A SUMMARY THAT CA N BE PUBLISHED IN TH E

FEDERAL REGISTER STA TING THE RULES FROM WHICH

PRICE EDWARDS & COMPANY SEEKS EXEMPTION 35

G. ANY ADDITIONAL IN FORMATION, VIEWS, OR

ARGUMENTS AVAILABLE TO SUPPORT PRICE

EDWARDS & COMPANY’S REQUEST 35

CONCLUSION 35

APPENDICES 38

APPENDIX A

– DJI PHANTOM 2 VISION +

MANUFACTURER’S USER MANUAL 39

APPENDIX B

– DJI PHANTOM 3 PROFES SIONAL

MANUFACTURER’ S USER MANUAL 40

APPENDIX C

– MONTHLY MAINTENANCE LOG FORM 413 GLOSSARY OF ABBREVIATIONS

AGL Above Ground Level

AOI Area of Interest

ATC Air Traffic Control

ATO Air Traffic Organization

AV Aerial Vehicle

CFR Code of Federal Regulations

COA Certificate of Authorization

FAA Federal Aviation Administration

FAR Federal Aviation Regulation

GCS Ground Control Station

GPS Global Positioning System

LOL Loss of Link

NAS National Airspace System

NOTAM Notice to Airman

PIC Pilot In Command

Section 333 FAA Modernization and Refor m Act of 2012 (FMRA) Sec. 333

SO Safety Observer

SOP Standard Operating Procedures

UA Unmanned Aircr aft

UAS Unmanned Aircraft System

VFR Visual Flight Rules

VLOS Visual Line of Site

VMC Visual Meteorological Conditions

VTOL Vertical Takeoff and Landing4 SUMMARY

Price Edwards & Company seeks exemption from the requirements of 14 C.F.R §§

61.113(a) & (b), 61.101(e)(4) & (e)(5), 61.315(a), 91.7(a), 91.119(c), 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 2 012

(FMRA). This exemption will permit Price Edwards & Company to operate an Unmanned

Aircraft System (UAS) for the commercial purpose of conducting aerial video and

photography of construction sites, real estate , and landscape over certain areas of the Un ited

States.

INTRODUCTION AND INTERESTS OF THE PETITIONER

Price Edwards & Company is a commercial real estate company founded in 1988. Price

Edwards & Company is based out of Oklahoma but also serves commercial real estate markets

in Texas, Kansas, Missouri, and Arkansas. Price Edwards & Company seeks to use camera

equipped UAS to provide its clients with a better and more detailed aerial view of the real

property assets it represents on behalf of clien ts

. Price Edwards & Company feels that UAS

based aerial video and photography operations would provide safe, low cost, and high quality

imaging in furtherance of its core real estate brokerage business

.

EQUIPMENT

Price Edwards & Company seeks an exemption to operate DJI systems for compensation

or hire within the NAS. The DJI Phantom 2 Vision + and DJI Phantom 3 Professional are vertical

takeoff and landing (VTOL) Unmanned Aircraft (UA) with a Ground Control Station (GCS)

utilizing remote transmitter, electronic tablet and/ or smart phone systems. The DJI Phantom 2

Vision+ has a maximum gross weight of approximately 2 pounds 12 ounces, while having a5 length of 20 inches , including p ropeller s

, width of 20 inches

, including propeller s , height of 8

inches, a nd a maximum speed o f approximately 29 knots. The DJI Phantom 3 Professional has a

maximum gross weight of approximately 2 pounds 13 ounces, while having a length of 20

inches, including propeller s , width of 20 inches including propeller s , height of 8 inches, and a

maximum speed of approximately 31 knots. The DJI Phantom 2 Vision+ and DJI Phantom 3

Professional are equipped with four main rotors which are driven by Lithium Polymer battery

powered electric motors.

The DJI Phantom 2 Vision+ and DJI Phantom 3 Professional that will be operated by

Price Edwards & Company 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

.

BASIS FOR PETITION

Petitioner, Price Edwards & Company, 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), Section 333, Special Rules for Certain Unmanned Aircraft Systems

, hereby petitions

the Administrator to allow for commercial operate of the DJI Phantom 2 Vision+ and the DJI

Phantom 3 Professional UASs in the National Airspace System (NAS), and for an exemption

from the requirements of 14 C.F.R §§ 61.113(a) & (b), 61.101 (e)(4) & (e)(5), 61.315(a),

91.7(a), 91.119(c), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and

91.417(a) & (b).

In consideration of the speed, weight, size, operational capability, and limited

operations and limited operating area associated with the unmanned aircraft , Price Edwards &

Company’s operation of the DJI Phantom 2 Vision+ and DJI Phantom 3 Professional meets6 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, Price Edwards & Company

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 wi th an

airworthiness certificate.

Price Edwards & Company submits that the requested relief is proper since an

equivalent level of safety will be ensured. Price Edwards & Company will use experienced

personnel or technicians to perform maintenance, alterations, or preventive maintenance on the

UASs using the methods, techniques, and practices prescribed in the operating documents (i.e.

- the Monthly Maintenance Log, and DJI Phantom 2 Vision+ and DJI Phantom 3 Professional

Instruction Manuals ). Furthe rmore, Price Edwards & Company will document and maintain all

maintenance records for the DJI Phantom 2 Vision+ and DJI Phantom 3 Professional via

designated Monthly Maintenance L ogs

.

Relief from the requirements of Section s 61.113(a) and (b) , 61.101(e)(4) and (e)(5)

,

and 61.315(a) concerning the privileges and limits of private p ilot s, recreational p ilot s, and

sport p ilot s is requested by Price Edwards & Company to the extent necessary to allow a Pilot

in Command (PIC) holding a private, recreational, or s port pilot certificate, or higher level

certificate, as well as an airman medical certificate, and who has demonstrated, by meeting

mi nimum flight

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

Phantom 2 Vision+ and DJI Phan tom 3 Professional in a manner consistent with this

exemption, including evasive and emergency maneuvers and maintaining appropriate

distances from people, vessels, vehicles and structures.

Price Edwards & Company seeks relief from Section 91.7(a), entitled Civil aircraft7 airworthiness , because the DJI Phantom 2 Vision+ and DJI Phantom 3 Professional UASs do

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

such, Price Edwa rds & Company submits that it will ensure that the DJI Phantom 2 Vision+

and DJI Phantom 3 Professional UASs are in an airworthy condition, prior to every flight, by

determining that the UASs are in compliance with the operating documents (i.e., the Monthly

Maintenance Log, and DJI Phantom 2 Vision+ and DJI Phantom 3 Professional Instruction

Manuals ), and that the aircraft are in a condition for safe flight.

Price Edwards & Company seeks relief from Section 91.119(c), entitled Minimum safe

altitudes: General , because the DJI Phantom 2 Vision+ and DJI Phantom 3 Professional UASs

will need to fly a t elevations lower than 500 feet to perform their intended function under this

petition for exemption and to comply with additional conditions and limitations proposed

under this petition for exemption. However, relief from this section will not decrease safety.

An equivalent or greater level of safety to Section 91.119(c) will be achieved given the size,

weight, speed of the DJI Phantom 2 Vision+ and DJI Phanto m 3 Professional UASs as well as

the restricted areas and location where they will be operated.

Price Edwards & Company also seeks an exemption from the requirements of Section

91.121, entitled Altimeter s ettings , as the DJI Phantom 2 Vision+ and DJI Phantom 3

Professional UA will not have a standard adjustable barometric altimeter onboard. However,

altitude information of the DJI Phantom 2 Vision+ and DJI Phantom 3 Professional UA will be

provided to the PIC via electronic barometric pressure sensor, Global Positioning System

(GPS) equipment

, and radio communications telemetry data link, which downlinks from the

UA to the GCS for active monitoring of the flight path. This altitude information, combined

with Price Edwards & Company ’s operation of the DJ I Phantom 2 Vision+ and DJI Phantom 38 Professional UAS within vis ual line of sight, at or below 4 00 feet AGL, will ensure a level of

safety equivalent to Section 91.121.

Additionally, Price Edwards & Company seeks an exemption from the requirements

of Section 91.151(b), entitled Fuel requirements for flight in VFR conditions

. Price Edwards

& Company submits that safety will not be affected by operation of the DJI Phantom 2

Vision+ and DJI Phantom 3 Professional UA during daylight hours i n visual meteorological

conditions (VMC) under visual flight rules (VFR), with enough battery power to fly for a

total duration of approximately 1 4 minutes to the first point of intended landing and,

assuming normal cruising speed, to fly after that for at least 5 minutes.

In accordance with 14 C.F.R. § 11.81, Price Edwards & Company provides the

following information in support of its petition for exemptio n:

A. Name And Address Of Th e Petitioner

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

Phillip Jackson

Price Edwards & Company

210 Park Ave, Suite 1000

Oklahoma City, OK 73102

Tel: ( 405) 236

- 1849

Email : pjackson@priceedwards.com

B. The Specific Sections of 14 C.F.R. From Which Price Edwards & Company S eeks

Exemption

1. Price Edwards & Company S eeks Exemption From The Requirements Of

Section 61.113(a) a nd (b)

Section 61.113, entitled Private pilot privileges and limitations: Pilot in command

, subsections (a) and (b) prescribe the following, in relevant part:

(a) No person who holds a private pilot certificate may act as a pilot in command (PIC)

of an aircraft that is carrying passengers or property for compensation or hire; nor

may that person, for compensation or hire, act as PIC of an aircraft.9 (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. Price Edwards & Company Seeks Exemption From The Requirements Of

Section 61.101(e)(4) and (e) (5)

Section 61.101, entitled Recreational pilot privileges and limitations , subsection s

(e)(4) and (e)(5), state the following:

(e) Except as provided in paragraphs (d) and (i) of this section, a recreational pilot may

not act as a pilot in command of an aircraft

-

(4) For compensation or hire;

(5) In furtherance of a business;

3. Price Edwards & Company Seeks Exemption From The Requirements Of

Section 61.315(a)

Section 61.315, entitled What are the privileges and limits of my sport pilot certificate

, subsection (a), states the following:

(a) If you hold a sport pilot certificate you may act as a pilot in command of a light

sport aircraft, except as specified in paragraph (c) of this section.

Paragraph (c) goes on to ban a sport pilot s from acting as pilot in command for

compensation or hire.

4. Price Edwards & Company S eeks Exemption From The Requirements Of

Section 91.7(a)

Sectio n 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.

5. Price Edwards & Company Seeks Exemption From The Requirements Of

Section 91.119(c)

Section 91.119, entitled Minimum safe altitudes: General , subsection (c), states the

following:

Except when necessary for takeoff or landing, no person may operate an aircraft below10 the following altitudes:

(c) Over other than congested areas. An altitude of 500 feet above the surface, except

over open water or sparsely populated areas. In those cases, the aircraft may not be

operated closer than 500 feet to any person, vessel, vehicle, or structure.

6. Price Edwards & Company S eeks Exemption From Th e Requirements Of

Section 91.121

Section 91.121, entitled Altimeter settings , subsection (a), states the following, in part:

(a) Each person operating an aircraft shall maintain the cruising altitude or flight level

of that aircraft, as the case may be, by r eference 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 100 nautical miles of the aircraft;

(ii) If there is no station within the area prescribed in paragraph (a)(1)(i) of this

section, the current reported altimeter setting of an appropriate available

station; or

(iii) In the case of an aircraft not equipped with a radio, the elevation of the

departure airport or an appropriate altimeter setting available before

departure.

7. Price Edwards & Company S eeks Exemption From The Requirements Of

Section 91.151(b)

Section 91.151, entitled Fuel requirements for flight in VFR conditions

, subsection (b),

states the following:

(b) No person may begin a flight in a rotorcraft under VFR conditions unless

(considering wind and forecast weather conditions) there is enough fuel to fly to

the first point of intended landing and, assuming normal cruising speed, to fly after

that for at least 20 minutes.

8. Price Edwards & Company S eeks Exemption From The Requirement Of

Section 91.405(a)

Section 91.405, entitled Maintenance required , subsection (a), states the following: Each

owner or operator of an aircraft

—

(a) Shall have that aircraft inspected as prescribed in subpart E of this part and shall11 between required inspections, except as provided in paragraph (c) of this section,

have discrepancies repaired as prescribed in part 43 of this chapter[.]

9. Price Edwar ds & Company S eeks Exemption From The Requirements Of

Section 91.407(a)(1)

Section 91.407, entitled Operation after maintenance, preventive maintenance,

rebuilding, or alteration , subsection (a)(1), states the following:

(a) No person may operate any aircraft that has undergone maintenance, preventive

maintenance, rebuilding, or alteration unless

--

(1) It has been approved for return to service by a person authorized under § 43.7 of

this chapter [ .]

10. Price Edwards & Company S eeks Exemption From The Requirements Of

Sections 91.409(a)(1) And (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 preceding 12 calendar months, it has had

--

(1) An annual inspection in accordance with part 43 of this chapter and has been

approved for return to service by a person authorized by § 43.7 of this chapter;

or

(2) An inspection for the issuance of an airworthiness certificate in accordance

with part 21 of this chapter.

11. Price Edwards & Company S eeks 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) Except for work performed in accordance with §§ 91.411 and 91.413, each

registered owner or operator shall keep the following records for the periods

specified in paragraph (b) of this section:

(1) Records of the maintenance, preventive maintenance, and alteration and record s

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; and12 (ii) The date of completion of the work performed; and

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

aircraft for return to service.

(2) Records containing the following information:

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

each rotor.

(ii) The current status of life

- limited parts of each airframe, engine,

propeller, rotor, and appliance.

(iii) The time since last overhaul of all items installed on the aircraft which are

required to be overhauled on a specified time basis.

(iv) The current inspection status of the aircraft, including the time since the last

inspection required by the inspection program under which the aircraft and

its applia nces are maintained.

(v) The current status of applicable airworthiness directives (AD) and safety

directives including, for each, the method of compliance, the AD or safety

directive number and revision date. If the AD or safety directive involves

recurring action, the time and date when the next action is required.

(vi) Copies of the forms prescribed by § 43.9(d) of this chapter for each major

alteration to the airframe and currently installed engines, rotors, propellers,

and appliances.

(b) The owner or operator shall retain the following records for the periods

prescribed:

(1) The records specified in paragraph (a)(1) of this section shall be retained until

the work is repeated or superseded by other work or for 1 year after the work is

performed.

(2) The records specified in paragraph (a)(2) of this section shall be retained and

transferred with the aircraft at the time the aircraft is sold.

(3) A list of defects furnished to a registered owner or operator under § 43.11 of this

chapter shall be retained until the def ects are repaired and the aircraft is

approved for return to service.13 C. The Extent Of Relief Price Edwards & Company S eeks And The Reason Price

Edwards & Company S eeks The Relief

1. Extent Of Relief Price Edwards & Company S eeks And The Reason Price

Edwards & Company Seeks Relief From Section s 61.113(a) And (b),

61.101(e)(4) And (e) (5), and 61.315(a)

Relief from Section s 61.113(a) and (b) , 61.101(e)(4) and (e)(5), and 61.315(a)

concerning the privileges and limits of private pilots, recreational pilots, and sport pilots , is

requested to the extent necessary to allow a PIC holding a private pilot, recreational pilot, sport

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 relief is requested since the limitations set forth in Section 61.113(a) and (b)

,

61.101(e)(4) and (e)(5), and 61.315(a) state that sport pilots and recreat ional pilots may not act

as PIC of an aircraft for hire or compensation and that a private pilot may only act as PIC of an

aircraft for compensation or hire in connection with any business or employment if: (1) The

flight is only incidental to that busines s or employment; and (2) The aircraft does not carry

passengers or property for compensation or hire.

As set forth more fully below, Price Edwards & Company submits that an equivalent

level of safety will be maintained because no PIC will be allowed to operate the DJI Phantom

2 Vision+ UAS or DJI Phantom 3 Professional UAS s unless that PIC has met certain flight

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

DJI Phantom 2 Vision+ or DJI Phantom 3 Professio nal UAS in a manner consistent with the

operation specifications as described in this exemption, including evasive and emergency

maneuvers, as well as maintaining appropriate distances from people, vessels, vehicles and

structures.14 2. Extent Of Relief Price E dwards & Company S eeks And The Reason Price

Edwards & Company seeks Relief From Section 91.7(a)

Relief from Section 91.7(a) entitled Civil aircraft airworthiness

, is requested to the

extent required to allow Price Edwards & Company to determine that the DJI Phantom 2

Vision+ and DJI Phantom 3 Professional UAS are in airworthy condition prior to every flight

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

Maintenance Log, and DJI Phantom 2 Vision+ and DJI Phantom 3 Instruction Manual).

Price Edwards & Company seeks t he requested relief because the DJI Phantom 2

Vision+ and DJI Phantom 3 Professional UAS do not require an airworthiness certificate in

accordance with 14 C.F.R. Part 21, Subpart H. Therefore, Price Edwards & Company will

ensure that the DJI Phantom 2 Vision+ and DJI Phantom 3 Professional UAS are in airworthy

condition based upon its compliance wit h the operating documents (i.e., the Monthly

Maintenance Log, and DJI Phantom 2 Vision+ and DJI Phantom 3 Professional Instruction

Manual) prior to every flight, and further, determine that the aircraft are in condition for safe

flight, as stated in the conditions and limitations below.

3. Extent Of Relief Price Edwards & Company Seeks And The Reason Price

Edwards & Company seeks Relief From Section 91.119(c)

Relief from Section 91.119(c) entitled Minimum safe altitudes: General

, is requested to

the extent required to allow Price Edwards & Company to operate the DJI Phantom 2 Vision+

and DJI Phantom 3 Professional UASs in a manner consistent with the intended operations for

which this petition is submitted (i.e., for the commercial purpose of conducting aerial video

and photography of construction sites, real estate, and landscape over certain areas of the

United States ). In order to operate the DJI Phantom 2 Vision+ and DJI Phantom 3 Professional

UASs in such a manner, the DJI Phantom 2 Vision+ and DJI Phantom 3 Professional UASs15 will need to fly at an altitude below 500 feet over non

- congested areas.

Additionally, relief from Section 91.119(c) is sought so that Price Edwards &

Company’s operation of the DJI Phantom 2 Vision+ and DJI Phantom 3 Professional UASs

can comply with the applicable conditions and limitations stated below, specifically those

re lating to maximum operating altitude. The maximum operating altitude limitations and

conditions set forth below are suggested to allow for maximum safety with regard to other

aircraft operating in the NAS, especially manned aircraft.

Considering the specif ications of the DJI Phantom 2 Vision+ and DJI Phantom 3

Professional UASs and the conditions and limitation to their operations by Price Edwards &

Company, as proposed herein, the requested relief from Section 91.119(c) will not decrease

safety to persons or property on the ground or to other aircraft operating in our NAS . A s more

fully set forth herei n , an equivalent or greater level of safety will be achieved given the size,

weight, speed of the DJI Phantom 2 Vision+ and DJI Phantom 3 Professional UASs as well as

the limited operations they seek to undertake and the restricted location s where they will be

operated.

4. Extent Of Relief Price Edwards & Company Seeks And The Reason Price

Edwards & Company Seeks Relief From Section 91.121

Relief from Section 91.121, entitled Altimeter settings

, is required to allow flight

operations of the DJI Phantom 2 Vision+ and DJI Phantom 3 Professional UASs , which utilize

a barometric pressure sensor, GPS equipment, and a radio communications telemetr y data link

to downlink altitude information from the UA to the PIC at the ground control station (GCS).

Since the FAA requires that any altitude information concerning UAS operations be reported to

air traffic control (ATC) in feet above ground level (AGL) based on local barometric pressure

,

Price Edwards & Company seeks the requested relief because the DJI Phantom 2 Vision+ and16 DJI Phantom 3 Professional UA altimeter and GPS system may be set on the ground to zero

feet AGL, rather than the local barom etric pressure or field altitude, before each flight.

Considering the limited altitude of the proposed operations, relief from 14 C

. F

. R

91.121 is sought to the extent necessary to comply with the applicable conditions and

limitations stated below. As more fully set forth herein, an equivalent level of safety will be

maintained since the DJI Phantom 2 Vision+ and DJI Phantom 3 Professional UA 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 of the UA on the heads

- up display of the GCS.

5. Extent Of Relief Price Edwards & Company Seeks And The Reason Price

Edwards & Company Seeks Relief From Section 91.151(b)

Relief from Section 91.151(b) entitled Fuel requirements for flight in VFR conditions

,

is requested to the extent required to allow flights of the battery powered DJI Phantom 2

Vision+ and DJI Phantom 3 Professional UA during daylight ho urs in visual meteorological

conditions (VMC), under visual flight rules (VFR), for a total duration of 14 minutes to the

first point of intended landing and, assuming normal cruising speed, to fly after that for at least

5 minutes. Price Edwards & Company seeks the requested relief because without an exemption

from Section 91.151(b), the flight time duration of the battery powered DJI Phantom 2

Vision+ and DJI Phantom 3 Professional will severely constrain the practicality of any aerial

video or still phot o flight operations that Price Edwards & Company proposes to conduct

pursuant to this Petition.

Significantly, as set forth below, the technical specifications of the DJI Phantom 2

Vision+ and DJI Phantom 3 Professional UASs, the DJI Phantom 2 Vision+ and DJI Phantom

3 Professional operating documents, and Price Edwards & Company ’s proposed operating17 limitations, ensure that Price Edwards & Company will safely operate the battery powered DJI

Phantom 2 Vision+ and DJI Phantom 3 Professional 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 14 minutes to the first point of intended landing and, assuming

normal cruising speed, to fly after that for at least 5 additional minutes.

6. Extent Of Relief Price Edwards & Company Seeks And The Reason Price

Edwards & Company Seeks Relief From Sections 91.405(a), 91.407(a)(1),

91.409(a)(1 ) & (a)(2), And 91.417(a) & (b)

Since Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b)

only apply to aircraft with an airworthiness certificate, Price Edwards & Company requests

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

Professional UASs do not req uire airworthiness certificates. As set forth more fully below, the

DJI Phantom 2 Vision+ and DJI Phantom 3 Professional UASs meet the conditions of FMRA

Section 333 for operation without an airworthiness certificate. Accordingly, Price Edwards &

Company will use trained technicians to perform maintenance, alterations, or preventive

maintenance on the UASs using the methods, techniques, and practices prescribed in the UAS

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

Phantom 3 Professional Instruction Manual s ). Furthermore, Price Edwards & Company will

document and maintain all maintenance records for the DJI Phantom 2 Vision+ and DJI

Phantom 3 Professional UASs.

D. The Reasons Why Granting Price Edwards & Company ’s Request Would Be In The

Public Interest And How It Woul d Benefit The Public As A Whole

Granting the present Petition will further the public interest by allowing Price Edwards

& Company to safely, efficiently, and economically perform aerial video and photography of

construction site s, real estate, and landscape over certain areas of the United States.18 Additionally, use of the DJI Phantom 2 Vision+ and DJI Phantom 3 Professional UASs

will decrease congestion of the NAS, reduce pollution, increase safety

, and provide significant

benefits to the economy. Furthermore , the benefits of Price Edwards & Company ’s proposed

operation of the DJI Phantom 2 Vision+ and DJI Phantom 3 Professional UASs will be realized

without implicating any privacy issues.

1. The Publi c Will Benefit From De creased Congestion Of The NAS

The DJI Phantom 2 Vision+ and DJI Phantom 3 Professional UA are battery powered

and offer 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 video and photography , an exemption allowing the use of a the DJI Phantom 2

Vision+ or DJI Phantom 3 Professional UAS would reduce the amount of manned aircraft in

the NAS and incr ease 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 2 Vision+ and DJI Phantom 3 Professional UA do not require an airport to takeoff

or land. Accordingly , aerial video and photography missions conducted by the DJI Phantom 2

Vision+ and DJI Phantom 3 Professional UA 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 Decreased Pollution

Conducting aerial video and photography with the DJI Phantom 2 Vision+ a nd DJI

Phantom 3 Professional UASs, instead of manned aircraft, will greatly benefit the public by

drastically reducing the levels of air and noise pollution generated during traditional aerial

video and photography flight operations. By using battery power and electric motors, the DJI19 Phantom 2 Vision+ and DJI Phantom 3 Professional UASs produce no air pollution which is a

significant improvement over the cabin class, six cylinder

, internal combustion engine aircraft

typically utilized for aerial video and photography which burn approximately 20

- 30 gallons

leaded aviation fuel per hour . The DJI Phantom 2 Vision+ and DJI Phantom 3 Professional

UA , while reducing the carbon footprint of aerial acquisitions, also eliminate n oise pollution as

the UAs are pr opelled by relatively quiet electric motors as opposed to the incredibly loud fuel

powered engines found on most manned aircraft

.

3. The Public Will Benefit From Increased Safety

By using the DJI Phantom 2 Vision+ and DJI Phantom 3 Professional UASs to

perfo rm aerial video and photography , the substantial risk to life and property in the air and

on the ground usually associated with traditional manned aircraft flight operations, will be

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

located onboard the aircraft, the DJI Phantom 2 Vision+ and DJI Phantom 3 Professional UA

( each of which contain no onboard fuel and weigh less than three pounds), 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 which can weigh thousands of

pounds and carry hundreds of gallons of combustible fuel.

4. The Public Will Benefit From Increased Economic Activity

In add ition to being safe and efficient, the DJI Phantom 2 Vision+ and DJI Phantom 3

Professional UASs are also an economical alternative to using manned aircraft to conduct

similar aerial video and photography operations . As such, operation of the DJI Phantom 2

Vision+ and DJI Phantom 3 Professional UASs will allow United States based companies

with such a need , like Price Edwards & Company , to advance their business, remain20 competitive

, and therefore contribute to growth of the U.S. economy. Specifically, with the

rising cost of aviation fuel and the high cost of manned aircraft operations , U.S. owned

companies needing such services must adopt new and alternative technology in order to cost

effectively continue operations . Operating the battery powered DJI Phant om 2 Vision+ and

DJI Phantom 3 Professional UASs is one such alternative that allows companies greater

operational flexibility withou t the high operational cost of using a traditional manned aircraft.

By operating the DJI Phantom 2 Vision+ and DJI Phantom 3 Professional UASs,

companies such as Price Edwards & Company , can remain competitive and profitable, and

therefore, provide greater job stability to employees and contractors, which will ultimately

contribute to growth of the U.S. economy as a whole . Imp roved financia l performance of U.S.

companies through commercial use of UASs

, such as the DJI Phantom 2 Vision+ and DJI

Phantom 3 Professional , provides a stable workforce t hat increases consumer spending,

improves local, state, an d federal tax revenues, a nd allows companies to invest in their

industry in order to remain competitive in the United States and abroad.

5. The Public Will Not Suffer Any Additional Privacy Issues

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

decades, Price Edwards & Company’s proposed operation of the DJI Phantom 2 Vision+ and

DJI Phantom 3 Professional UASs will not implicate any privacy issues. Specifically, the DJI

Phantom 2 Vision+ and DJI Phantom 3 Professional UASs will be operated o nly in

compliance with applicable laws, operating documents (i.e., the Monthly Maintenance Log,

and DJI Phantom 2 Vision+ and DJI Phantom 3 Professional Instruction Manual) , any

conditions and limitations imposed, and in accordance with the Federal Aviatio n Regulations,

including the minimum altitude requirements of 14 C.F.R. § 91.119 to the extent from which21 exemption is not granted

. Accordingly, there will be no additional privacy concerns when

compared to manned aerial photography and video operations.

E. The Reasons Why Granting The Exemption Would Not Adversely Affect Safety, Or

How The Exemption Would Provide A Level Of Safety At Least Equal To That

Provided By The R egulation From Which Price Edwards & Company Seeks

Exemption

1. Reasons Why The DJI Phantom 2 Vision+ and DJI Phantom 3 Professional UA

Meet The Conditions Of The FAA Modernization and Reform Act of 2012

(FMRA) Section 333

In consideration of the size, weight, speed, and limited operating area associated wi th

the unmanned aircraft and their operation, Price Edward & Company ’s operation of the DJI

Phantom 2 Vision+ and DJI Phantom 3 Professional UASs meet s the conditions of FMRA

Section 333, and therefore they will not require airworthiness certificate s in accordance with

14 C.F.R. Part 21, S ubpart 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 of the

NAS or the public, or otherwise pose a threat to national secur ity. 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 Syst ems.

-- In making the determination under

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

--

(1) which types of unmanned aircraft systems, if any, as a result of their size,

weight, speed, operational capability, proximity to airports and populated

a reas, and operation within visual line of sight do not create a hazard to

users of the national airspace system or the public or pose a threat to

national security; and22 (2) whether a certificate of waiver, certificate of authorization, or airworthiness

certif ication under section 44704 of title 49, United States Code, is required

for the operation of unmanned aircraft systems identified under paragraph

(1).

(c) Requirements for Safe Operation.

-- If the Secretary determines under this

section that certain unmanned aircraft systems may operate safely in the

national airspace system, the Secretary shall establish requirements for the safe

operation of such aircraft systems in the national airspace system.

In seeking this exemption, Price Edwards & Company submits tha t the DJI Phantom 2

Vision+ and DJI Phantom 3 Professional UASs can operate safely in the NAS pursuant to

FMRA Section 333, as demonstrated by: (a) the characteristics of the DJI Phantom 2 Vision+

and DJI Phantom 3 Professional UASs; (b) the pilot certific ation requirement s necessary to

operate the DJI Phantom 2 Vision+ and DJI Phantom 3 Professional UASs ; and (c) the specific

operating limitations of the DJI Phantom 2 Vision+ and DJI Phantom 3 Professional UASs

.

a. The Specifications Of The DJI Phantom 2 Vision+ and DJI Phantom 3

Professional UASs Demonstrate Their Safe Characteristics

The DJI Phantom 2 Vision+ and DJI Phantom 3 Professional UASs do not create a

hazard to users of the NAS or the public, or otherwise pose a threat to nat ional security

considering their size , weight, speed, and operational capability.

i. The DJI Phantom 2 Vision+ and DJI Phantom 3 Professional UASs

Autonomous Flight And Navigation Modes Enable The UASs To

Remain Within A Defined Operational Area

The DJI Phantom 2 Vision+ and DJI Phantom 3 Professional UASs may be operated in

both manual and fully autonomous flight modes. A complete description of the flight and

navigational modes of the DJI Phantom 2 Vision+ and DJI Phantom 3 Professional UASs is

provided in the DJI Phantom 2 Vision+ and DJI Phantom 3 Professional User Manua ls,

attached hereto as Exhibit A and B

.23 ii. The DJI Phantom 2 Vision+ and DJI Phantom 3 Professional UASs

Are Designed For Automatic Return To Home Point Or Hover In The

Event Of L oss Of The Control Link Or Navigation

If the Control Link is lost, the DJI Phantom 2 Vision+ and DJI Phantom 3 Professional

UA will remain stationary, in flight, for 3 seconds. If, after 3 seconds, the DJI Phantom 2

Vision+ and DJI Phantom 3 Professional UA do not re

- establish Control L ink 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., F ailsafe Function ) via GPS, and will descend to the original takeoff position and

shutdown.

A complete description of the Failsafe Functions of the DJI Phantom 2 Vi sion+ and

the DJI Phantom 3 Professional UASs are available in the DJI Phantom 2 Vision+ and DJI

Phantom 3 Professional User Manuals, attached hereto as Exhibit A and B

.

iii. The DJI Phantom 2 Vision+ and DJI Phantom 3 Professional

GCS And Its Operation

A complete description of the operation and specifications of the DJI Phantom 2

Vision+ and DJI Phantom 3 Professional GCS s and flight control software is provided in the

DJI Phantom 2 Vision+ and DJI Phantom 3 Professional User Manuals attached hereto as

Exhibits A and B

.

b. Flight Operations Of DJI Phantom 2 Vision+ and DJI Phantom 3

Professional UASs Are Limited To The Line Of Sight Of A Certificated

Pilot in Command With A Safety Observer

Price Edwards & Company will only utilize eligible certificated pilots who possess a

current and valid airman medical certificate or a valid U.S. driver’s license issued by a state to

act as a pilot in command (PIC) of the DJI Phantom 2 Vision+ and DJI Pha ntom 3 Professional

UASs. Additionally, a safety observer will assist the PIC during all flights

.24 c. Flights Of DJI Phantom 2 Vision+ and DJI Phantom 3 Professional

UASs Will Be Conducted Pursuant To Specific Operating Limitations

In seeking this exemption, Price Edwards & Company proposes to commercially

operate DJI Phantom 2 Vision+ and DJI Phantom 3 Professional UASs for the special purpose

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

following specific o perating conditions limitations:

1. Operations authorized by this grant of exemption are limited to the DJI Phantom 2

Vision+ and the DJI Phantom 3 Professional UASs 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. UAS operations under this exemption will be limited to conducting operations for

the purpose of aerial video and photography.

3. The UA may not be flown at an indicated airspeed exceeding 3 2 knots. Groundspeed

or calibrated airspeed may be used to determine compliance with the 32 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 al titude of no more than 4 00 feet above ground level

(AGL) unless a special request is made and approved by ATC or a separate COA

allowing for such is obtained

. Altitude must be reported 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 ai rman

medical certificate.

6. All operations must utilize a visual observer (V O). The UA must be operated within

the VLOS of the PIC and VO at all times. The V O may be used to satisfy the VLOS

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

must be able to co mmunicate verbally at all times; e lectronic 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 fli ght . The PIC must

ensure that the V O can perform the duties required of the VO.

7. The exemption and all documents needed to operate the UAS, including 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 contained in the grant of exemption and the procedures outlined in

the operating documents, the conditions and limita tions contained in the grant of

exemption take precedence and must be followed. Otherwise, the operator must

follow the procedures as outlined in its operating documents. The operator may25 update or revise its operating documents. It is the operator’s respo nsibility to track

such revisions and present updated and revised documents to the Administrator

upon request. The operator must also present updated and revised documents if it

petitions for extension or amendment to the grant of exemption. If the 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

question s 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 must undergo a functional test flight prior to

conducting further operations u nder 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 proper ty.

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 inspect the UAS to ensure that it is in a

condition for safe flight. The pre

- flight inspection must account for all potential

discrepancies. If the inspection reveals a condition that affects the safe operation

of the UAS, the aircraft is prohibited from operating until the necessary

maintenance has been performed and the UAS is found to be in a condition for

safe flight. The Ground Control Station must be included in the preflight

inspection. All maintenance and alterations must be properly documented in the

aircraft records.

11. The operator must fol low the UAS manufacturer’ s maintenance, overhaul,

replacement, inspecti on, and life limit requirements for the aircraft and aircraft

components.

12. 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.

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

Safety Bulletins.

14. A PIC must hold 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

.

15. The operator may not permit any PIC to operat e unless the PIC meets the operator’s26 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 and VOs are permitted under the t erms of the

exemption. However, training operations may only be conducted during dedicated

training sessions. During training flights, all persons not essential for flight

operations are considered nonparticipants, and the PIC must operate the UA with

appr opriate distance from nonparticipants in accordance with 14 C.F.R. § 91.119.

16. UAS operations may not be conducted during night, as defined in 14 C.F.R. § 1.1.

All operations must be conducted under visual meteorological conditions (VMC). If

flight at night is required, a special request will be made to the FAA via COA

request or other appropriate channel . Flights under special visual flight rules (SVFR)

are not authorized.

17. The UA may not operate within 5 nautical miles o f an airport reference point (ARP)

as denoted on the most current FAA

- published aeronautical chart or directory 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.

18. The UA may not be operated less than 500 feet below or less than 2,000 feet

horizontally from a cloud or when visibili ty is less than 3 statute miles from the PIC.

19. If the UA S loses communicat ions or loses its GPS signal, the UA must return to a

pre

- determined location within the private or controlled

- access property

.

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

emergencies

.

21. 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 lea st five minutes.

22. All operations shall be conducted in accordance with an Air Traffic Organization

(ATO) Certificate of Waiver or Authorization (COA).

23. 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.

24. Documents used by the operator to ensure the safe operation and flight of the

UAS and any document required under 14 C.F.R. §§ 91.9 and 91.203 must be

available to the PIC at the Ground Control Station of the UAS any time the UA27 is operating. These documents must be made available to the Administrator or

any law enforcement official upon request.

25. The UA must remain clear and yield the right of way to all manned aviation

operations and activities at all times.

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

27. All f light operations must be conducted at least 5 00 feet fro m all nonparticipating

persons (excluding the PIC, VO, operator trainees or persons deemed essential)

, 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/or

b. The owner/controller of any vessels, vehicles or structures has granted

permission for operations closer to those objects and the PIC has made a

safety assessment o f the risk of operating closer to those objects and

determined that it does not present an undue hazard.

28. 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.

29. 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

.

2. Reasons Why An Exemption From The Requirements Of Section s 61.113(a)

And (b) , 61.101(e)(4) And (e) (5), & 61.315(a) Would Not Adversely Affect

Safety

Price Edwards & Company submits that the equivalent level of safety established by

Section 61.113(a) and (b) , 61.101(e)(4) and (5), and 61.315(a) will be maintained because no

PIC will be allowed to operate the DJI Phantom 2 Vision+ and DJI Phantom 3 Professional

UASs unless that PIC has demonstrated, by meeting minimum flight

- hour and currency

requirements, that the PIC is able to safely operate the DJI Phantom 2 Vision+ or DJI Phantom28 3 Professional UAS in a manner consistent with the exemption, including evasive and

emergency maneuvers and maintaining appropriate distances from people, vessels, vehicles and

structures.

Considering Price Edwards & Company ’s proposed area of operations, and the

operating limitations set forth

- above; the parallel nature of private pilot , recreational pilot , and

sport pilot aeronautical knowledge requirements to those of commercial pilot requirements and

the airmanship skills necessary to safely operate the DJI Phantom 2 Vision+ or DJI Phantom 3

Professional UAS s

, Price Edwards & Company submits that the add itional manned airmanship

experience of a commercially certificated pilot would not correlate to the airmanship skills

necessary for Price Edwards & Company ’s specific proposed flight operations of the DJI

Phantom 2 Vision+ or DJI Phantom 3 Professional UASs

.

Price Edwards & Company will not allow any PIC to operate the DJI Phantom 2

Vision+ or DJI Phantom 3 Professional UAS s unless that PIC has demonstrated, by meeting

minimum flight

- hour requirements f or the DJI Phantom 2 Vision+ or DJI Phantom 3

Profes sional UAS training and currency requirements, that the PIC is able to safely operate the

DJI Phantom 2 Vision+ or DJI Phantom 3 Professional UAS in a manner consistent with this

exemption, including evasive and emergency maneuvers and maintaining appropri ate

distances from people, vessels, vehicles and structures. Specifically, the PIC must have

accumulated and logged, in a manner consistent with 14 C.F.R. § 61.51(b), 25 hours of total

time as a UAS rotorcraft pilot (with a minimum of 5 hours of those hours as a UAS pilot

operating the same make and model of UAS to be used for operations under the exemption).

In addition to the hour requirements, the PIC must accomplish 3 takeoffs and landings in the

preceding 90 days (for currency purposes).29 Accordingl y, Price Edwards & Company will ensure safe operations by not allowing

any PIC to operate the DJI Phantom 2 Vision+ or DJI Phantom 3 Professional UAS unless

that PIC has demonstrated, by meeting minimum flight

- hour and currency requirements, that

the PIC i s able to safely operate the DJI Phantom 2 Vision+ or DJI Phantom 3 Professional

UAS in a manner consistent with the exemption, including evasive and emergency maneuvers

and maintaining appropriate distances from people, vessels, vehicles and structures.

The FAA has recently granted relief from Section 61.113(a) and (b), 61.101(e)(4) and

(e)(5), and 61.315(a) specific to UASs, in circumstances similar, in all material respects, to

those presented herein (e.g. Exemption Nos. 11998, 12426, 12468, & 12220).

3. Reasons Why An Exemption From The Requirements Of Section 91.7(a)

Wo uld Not Adversely Affect Safety

The equivalent level of safety established by Section 91.7(a) will be maintained because

prior to every flight, Price Edwards & Company will ensure that th e DJI Phantom 2 Vision+ or

DJI Phantom 3 Professional UAS is in an airworthy condition based upon the UAS’s

compliance with its operating documents and as stated in the conditions and limitations

described herein.

Additionally, the FAA has recently 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. 11998, 12426, 12468, & 12220 ).

4. Reasons Why An Exemption From The Requirements Of Section 91.119(c)

Wou ld Not Adversely Affect Safety

The equivalent level of safety established by Section 91. 119(c ) will be maintained given

the size, weight, and speed of the DJI Phantom 2 Vision+ and DJI Phantom 3 Professional

UASs as well as the limited operations Price Edwards & Company seeks to undertake with the30 DJI Phantom 2 Vision+ and DJI Phantom 3 Professional UASs and the restricted locations

where the DJI Phantom 2 Vision+ and DJI Phantom 3 Profe ssional UAS will be operated.

The DJI Phantom 2 Vision+ and DJI Phantom 3 Professional UASs are relatively small,

light, and slow aircraft when compared to manned aircraft and the DJI Phantom 2 Vision+ and

DJI Phantom 3 Professional UASs will only be operated in permitted non

- congested areas.

Operations of the DJI Phantom 2 Vision+ and DJI Phantom 3 Professional UASs by Price

Edwards & Company will be conducted in accordance with the conditions and limitations set

forth herein and onl y on property for which permission for suc h operations has been obtained.

Additionally, the relief sought from Section 91.119(c) along with the conditions and

limitations set forth herein will virtually ensure that operations of the DJI Phantom 2 Vision+

a nd DJI Phantom 3 Professional UASs by Price Edwards & Company will not interfere with

manned aircraft operations in the NAS due to the fact that manned aircraft rarely operate at

such a low altitude. Such operations by Priced Edwards & Company will reduce air traffic in

the more heavily trafficked air spaces.

The FAA has recently granted relief from Section 91.119(c ) specific to UAS, in

circumstances similar, in all material respects, to those presented herein (e.g. Exemption Nos.

11998, 12426, 12468, & 12220).

5. Reasons Why An Exemption From The Requirements Of Section 91.121

Wo uld Not Adversely Affect Safety

The equivalent level of safety established by Section 91.121 will be maintained

because the altitude information of the DJI Phantom 2 Vision+ and DJI Phantom 3

Professional UA will be provided to the PIC via GPS equipment , a n electronic barometric

pressure sensor

, and a radio communications telemetry data link, which downlinks from th e

UA to the GCS for active monitoring of the flight path and altitude. This altitude information,31 combined with Price Edwards & Company ’s operation of the DJI Phantom 2 Vision+ and DJI

Phantom 3 Professional UA within visual line of sight, at or below 4 00 feet AGL , will ensure

a level of safety equivalent to Section 91.121. The altitude information will be generated by

GPS equipment and a barometric pressure sensor installed onboard the aircraft. Prior to each

flight, a zero altitude initiation point is aut om atically established by the UAS at ground level

so that altitude can be measured in feet AGL.

The FAA has recently granted relief from Section 91.121 specific to UAS, in

circumstances similar, in all material respects, to those presented herein (e.g. Exemption Nos.

11998, 12426, 12468, & 12220 ).

6. 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 91.15 1(b) as a result of (1) the technical specifications of the DJI Phantom 2

Vision+ and DJI Phantom 3 Professional UASs; (2) the limitations on the proposed flight

operations; and (3) the location of the proposed flight operations. Accordingly, Price Edwards

& Company will ensure safe operations of the battery powered DJI Phantom 2 Vision+ and

DJI Phantom 3 Professional UA during daylight hours in VFR conditions, with enough battery

power to fly for a total duration of 14 minutes to the first point of intended landing and,

assuming normal cruising speed, to fly after that for at least 5 minutes.

Furthermore, safety will be ensured as the DJI Phantom 2 Vision+ and DJI Phantom 3

Professional UASs provide audible and visual warnings to the PIC at the GCS w hen the UA

experiences low battery voltage, the first warning occurring at approximately 33% remaining

battery power, and again at approximately 10% remaining battery power. At the critically low

battery level, the DJI Phantom Vision+ and DJI Phantom 3 Pro fessional UASs will descend32 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 of the UAS are considered. Moreover, the FAA has recently granted relief from

Section 91.151 specific to UAS, in circumstances similar, in all material respects, to those

presented herein (e.g. Exemption Nos. 11998, 12426, 12468, & 12220 ).

7. 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) Wo uld Not

Adversely Affect Safety

In seeking this exemption, Price Edwards & Company submits that , given the

technical characteristics and operating limitatio ns of the DJI Phantom 2 Vision+ and DJI

Phantom 3 Professional UASs, the equivalent level of safety with regard to the regulatory

maintenance and alteration requirements established by Sections 91.405(a), 91.407(a)(1),

91.409(a)(1) & (a)(2), and 91.417(a) & (b) will be met because Price Edwards & Company

will use trained technicians to perform maintenance, alterations, or preventive maintenance

on the UASs using the methods, techniques, and practices prescribed in the operating

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

Phantom 3 Professional Instruction Manual s ). Furthermore, Price Edwards & Company will

document and maintain all maintenance records for the DJI Phantom 2 Vision+ and DJI

Phantom 3 Professional UASs to en sure quality of repairs and allow for detailed review of

such repairs

.

Since the DJI Phantom 2 Vision+ and DJI Phantom 3 professional UASs will be

inspected as prescribed by the operating documents, Price Edwards & Company will maintain

the equivalent leve l of safety established by Sections 91.405(a), 91.409(a)(1), and33 91.409(a)(2). A copy of the DJI Phantom 2 Vision+ and DJI Phantom 3 Professional User

Manuals are attached hereto as Exhibit A and B and a copy of the DJI Phantom 2 Vision+

and DJI Phantom 3 Professional UAS Maintenance Log form is attached hereto as Exhibit C

.

Furthermore, the exemption sought would maintain an equivalent level of safety

established by Sections 91.407, 91.417(a) and 91.417(b), because all maintenance of the DJI

Phantom 2 Vision+ and DJI Phantom 3 Professional UASs will be performed by trained

technicians. Maintenance will be documented and maintained utilizing the monthly

maintenance log.

In consideration of Price Edwards & Company ’ s proposed operating li mitations, the

operating documents, and the technical aspects of the DJI Phantom 2 Vision+ and DJI

Phantom 3 Professional UA Ss, Price Edwards & Compan y 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 recently granted identical relief specific to UAS in circumstances

similar, in all material respects, to those presented herein (e.g. Exemption Nos. 11998, 12426,

12468, & 12220 ).

8. The FAA May Prescribe Any Other Conditions For Safe Oper ation

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

, Price Edwards & Company

requests that the FAA prescribe any special conditions for the intended operation of the DJI

Phantom 2 Vision+ and DJI Phantom 3 Professional UASs, which contain such safety

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

established by 14 C.F.R. Part 21, Subpart H, and 14 C.F.R §§ 61.113(a) & (b), 61.101(e)(4) &34 (e)(5), 61.315(a), 91.7 (a), 91.119(c), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1)

& (a)(2), and 91.417(a) & (b). Price Edwards & Company request any such special conditions

to permit safe operation of the UA for the limited purpose of conducting aerial video and

photography over certain areas of the United States for compensation or hire. FMRA Section

333 sets forth the requirements for considering whether a UAS will create a hazard to users of

the NAS or the public, or otherwise pose a threat to national security; and further, provides the

authority for such UAS to operate without airworthiness certification in accordance with any

requirements that must be established for the safe operation of the UAS in the NAS.

Likewise, the Administrator may prescribe special conditions pursuant to 14 C.F.R.

§ 21.16, for operation of the DJI Phantom 2 Vision+ and DJI Phantom 3 Professional UASs,

since the airworthiness regulations of 14 C.F.R. Part 21 do not contain adequate or appropriate

safety standards, due to the novel or unusual design features of the aircraft. Section 21.16,

entitled Special Conditions, states the following:

If the FAA finds that the airworthiness regulations of this subchapter do not contain

adequate or appropriate safety standards for an aircraft, aircraft engine, or propeller

because of a novel or unusual design feature of the aircraft, aircraft engine or propeller,

h e prescribes special conditions and amendments thereto for the product. The special

conditions are issued in accordance with Part 11 of this chapter and contain such safety

standards for the aircraft, aircraft engine or propeller as the FAA finds necessary to

establish a level of safety equivalent to that established in the regulations.

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

prescribe special conditions for Price Edwards & Company’s intended operation of the DJI

Phantom 2 Vision+ and DJI Phantom 3 Professional UASs, which contain such safety

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

established by 14 C.F.R. Part 21, Subpart H, and 14 C.F.R Sections 61.11 3(a) & (b),

61.101(e)(4) & (e)(5), 61.315(a), 91.7(a), 91.119(c), 91.121, 91.151(b), 91.405(a),35 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b).

F. A Summary That Can Be Pu blished In The Federal Register Stating The Rules

From Which Price Edwards & Company Seeks Exemption and a Brief Description

Of The Nature Of The Exemption Price Edwards & Company Seeks.

Price Edwards & Company seeks exemption from the requirements of 14 C.F.R

Sections 61.113(a)&(b), 61.101(e)(4) & (e)(5), 61.315(a), 91.7(a), 91.1 19(c), 91.121,

91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b)

. Such exemption will permit Price Edwards & Company to commercially operate a n

Unmanned Aircraft System in the National Air Space for the purpose of conducting

a erial video and photography over certain areas of the United States.

G. Any Additional Information, Views, Or Arguments Available To Support

Price Edwards & Company ’s Requests

This Petition is made pursuant to the FAA Modernization and Reform Act of 2012

(FMRA) Section 333, which directs the Secretary of Transportation to determine if certain

UAS may operate safely in the NAS. As such, Price Edwards & Company ’s request for

exemption may be granted pursuant to the authority of FMRA Section 333 and 14 C.F.R. Part

11, as set forth above.

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 U AS to operate without airworthiness

certification.

As discussed in detail above, Priced Edwards & Company will operate the DJI

Phantom 2 Vision+ and DJI Phantom 3 Professional 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.

CONCLUSION

As set forth herein, Price Edwards & Company seeks an exemption pursuant to 14

C.F.R. § 11.61 and Section 333 of the FAA Modernization and Reform Act of 2012 (FMRA),36 which will permit safe operation of the DJI Phantom 2 Vision+ and DJI Phantom 3

Professional UASs commercially, without an airworthiness certificate, for the limited purpose

of conducting aerial video and photography over certain areas of the United States. By

granting this Petition, the FAA Administrator 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 Price Edwards & Company to safely, efficien tly, and economically operate

the DJI Phantom 2 Vision+ and DJI Phantom 3 Professional UASs commercially within the

NAS.

THEREFORE

, in accordance with the Federal Aviation Regulations and the FAA

Modernization and Reform Act of 2012, Section 333, Price Edwards & Company respectfully

requests that the Administrator grant this Petition for an exemption from the requirements of

14 C.F.R Sections 61.113(a) & (b), 61.101(e)(4) & (e)(5), 61.315(a), 91.7(a), 91.119(c),

91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b), and

permit Price Edwards & Company to operate the DJI Phantom 2 Vision+ and DJI Phantom 3

Professional UASs commercially for the purpose of conducting aerial video and photography

over certain areas of the United States.

Dated: September 24

, 201537 Respectfully submitted,

Price Edwards & Company

Phillip Jackson

Price Edwards & Company

210 Park Ave., Suite 1000

Oklahoma City, OK 73102

(405) 236

- 1849

pjackson@priceedwards.com38 Appendices :

A

– DJI Phantom 2 Vision+ Manufacturer’s User Manual

B

– DJI Phantom 3 Professional Manufacturer’s User Manual

C

– Monthly Maintenance Log Form

Price Edwards & Company only utilizes safe and reliable UAS . DJI is an industry leader in

small UAS production. DJI UASs are loaded with ground breaking software enabling the user

to set parameters which will not allow flight into controlled airspace. Parameters can also be set

to limit flight to no higher than a predetermined and set altitu de 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)39 APPENDIX

– A

DJI Phantom 2 Vision+ Manufacturer’s User Manual

http://download.dji

innovations.com/downloads/phantom_2_vision_plus/en/Phantom_2_Vision_Plus_User_Manual

_v1.8_en.pdf40 APPENDIX

– B

DJI Phantom 3 Professional Manufacturer’s User Manual

http://download.dji

innovations.com/downloads/phantom_3/en/Phantom_3_Professional_User_Manual_v1.4_en.pdf41 APPENDIX

– C

Monthly Maintenance Log Month: ________ Year: _______

UAS: Date Issue

Discovered Date Issue

Resolved Issue Description & Maintenance

Conducted Maintenance

Performed By

(Print, Sign, and

Date)

Software

Updates

Airframe

Engines

Propellers

Camera & Gimbal

Vibration System

Other