1 UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

FEDERAL AVIATION ADMINISTRATION

WASHINGTON, DC

IN THE MATTER OF THE PETITION FOR EXEMPTION OF: LDO, LLC
FOR AN 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 AND DJI PHANTOM 3 UNMANNED AIRCRAFT SYSTEMS

PURSUANT TO SECTION 333 OF

THE FAA MODERNIZATION AND REFORM ACT OF 2012 (PUBLIC LAW 112-95)

Submitted on August 5, 2015

LDO, LLC
Pete Van Nort Director of Operations
4181 Brunswick Court SE Smyrna, Georgia 30080 petevannort@gmail.com2 TABLE OF CONTENTS

Page

GLOSSARY OF ABBR EVIATIONS................................................................................... 3

SUMMARY........................................................................................................................ ... 4

INTRODUCTION AND INTERESTS OF PETITIONER.................................................... 4

BACKGROUND................................................................................................................... 5

BASIS FOR PETITION........................................................................................................ 5

NAME AND ADDRESS OF PETITIONER........................................................................ 6

THE SPECIFIC SECTIONS OF 14 C.F. R. FROM WHICH LDO, LLC SEEKS

EXEMPTION...................................................................................................................... .. 7

THE EXTENT OF RELIEF LDO, LLC SEEKS AND THE REASON LDO, LLC

SEEKS THE RELIEF...................................................................................................... 10

THE REASONS WHY GRANTING LDO, LLC’S REQUEST WOULD BE IN THE

PUBLIC INTEREST............................................................................................................ 12

THE REASONS WHY GRANTING THE EX EMPTION TO LDO, LLC WOULD NOT

ADVERSELY AFFECT SAFETY...................................................................................... 14

SUMMARY THAT CAN BE PUBLISHED IN THE FEDERAL REGISTER................. 25

ANY ADDITIONAL INFORMAT ION, VIEWS, OR ARGUMENTS AVAILABLE TO SUPPORT LDO, LLC’S REQUEST.................................................................................. 26

CONCLUSION.................................................................................................................... 26

APPENDICES......................................................................................... 273 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 Reform Act of 2012 (FMRA) SO Safety Observer SOP Standard Operating Procedures

UA Unmanned Aircraft UAS Unmanned Aircraft System VFR Visual Flight Rules

VLOS Visual Line of Site VMC Visual Meteorological Conditions VTOL Vertical Takeoff and Landing4 SUMMARY

LDO, LLC, d.b.a. LDO & Co. (collectively, “LDO” or the “Company”) seeks 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 small Unmanned Aircraft Systems (sUAS or UAS) pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (FMRA). This exemption will permit LDO to operate two di fferent DJI Unmanned Aircraft Systems, both of which weigh less than 55 pounds including payload and energy sources. The two UAS models to be used by LDO, and re ferenced throughout this document include:

 DJI Phantom 3 Advanced (2.8 lbs.); and

 DJI Phantom 2 Vision Plus (2.7 lbs.);

The airframes outlined above will be operated under controlled conditions and used commercially for the purposes of conducting aerial photography, vi deography, mapping, crop surveying/monitoring, appraisals, inspections and other aerial da ta collection operations. The reason for such a general and broad based reques t is that LDO wishes to utilize a business strategy of horizontal integra tion and maximize economies of sc ope in order to capitalize on opportunities as they may arise in the future, without the lo ng turnaround time associated with additional exemptions.

INTRODUCTION AND INTERESTS OF THE PETITIONER

Founded in Atlanta, GA, LDO will offer ad hoc , small UAS services to individuals and companies who wish to employ these services as a safe, effective, and legal option to enhance their business or hobby. The objective of L DO and our Unmanned Aircraft System (DJI Phantom 2 Vision + and DJI Phantom 3 Advanced) aerial operations is to provide a more affordable, high-quality production system for a variety of governmental, commercial, public, and residential uses, specifically targeting:

• Real-estate Marketing & Appraisals • Construction Sites (before & after)

• Civic landmarks (3D CAD) • Agriculture Surveys/Monitoring

• Special event coverage • Other aerial data collection
With surveying/mapping, photography/media, and aviation backgrounds, LDO’s founders have significant expertise in piloting and video production. The management team at LDO has over 22 years of experience in aviation and over 4 y ears of combined experience flying sUAS. The current Director of Operations and Chief Pilo t of LDO is a current Private Pilot that has accumulated over 500 hours of flight time and is intimately familiar with operational control procedures and overseeing the safe operations of sUAS activities. The other two Partners have a combined 10 years of work experience in CAD mapping and video pr oduction. The LDO team has identified opportunities across several markets where their services will provide benefits, but has rejected all offers to work with these U.S. parties to ensure it is in compliance with any applicable FARs. The LDO staff has safely flow n small RC electric quad copters recreationally for approximately 3 years without incident.5 BACKGROUND

Unmanned Aircraft Systems: DJI Phantom 2 & DJI Phantom 3, UAS

LDO seeks an exemption to operate the DJI Phantom 2 Vision Plus and DJI Phantom 3 Advanced UAS for compensation, or hire, within the National Airspace System (NAS). Both of

these DJI models are vertical takeoff and la nding (VTOL) Unmanned Ai rcraft (UA) with a Ground Control Station (GCS) uti lizing electronic tablet or smart phone systems. Both DJI models have a gross weight of no more than 3.0 lb., a diagonal dimension of approximately 23.2”, a maximum speed of approximately 16.4’fps, and a maximum flying height of 400'. The

DJI Phantom 2 Vision Plus and DJI Phantom 3 A dvanced are equipped with four main rotors; driven by Lithium Polymer battery powered electric motors.

The DJI Phantom 2 Vision Plus and DJI Phantom 3 Advanced that will be operated by LDO will be registered in accord ance 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, LDO, LLC, 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 th e Administrator to commercially operate the DJI Ph antom 2 Vision Plus UAS and the DJI Phantom 3 Advanced UAS in the NAS, and for an exemption from th e 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), a nd 91.417(a) & (b).

In consideration of the speed, weight, size, and limited operating area associated with the unmanned aircraft and its operation, the Compa ny’s operation of a DJI Phantom 2 Vision Plus

and DJI Phantom 3 Advanced UAS meets the c onditions of FMRA Sec tion 333 and therefore, will not require an airworthine ss certificate in accordance with 14 C.F.R. Part 21, Subpart H.

Accordingly, LDO requests relief from S ections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b), as thes e sections set forth requirements fo r maintenance that only apply to

aircraft with an airw orthiness certificate.

LDO submits that the requested relief is proper since an equivalent level of safety will be ensured. LDO will use experienced personnel or technicians to perform maintenance, alterations, or preventive main tenance on their UAS fleet usi ng the methods, techniques, and practices prescribed in the operating documents (i.e., Monthly Maintenance Log, and DJI

Phantom 2 Vision Plus and DJI Phantom 3 Advan ced Instruction Manuals). Furthermore, LDO

will document and maintain all maintenance records for its abovementioned DJI UAS units.

Relief from certain requirements of Section 61.113(a) and (b), entitled Private pilot privileges

and limitations: Pilot in command , is requested by LDO to the exte nt necessary to allow a Pilot in Command (PIC) holding a private pilot or highe r level certificate, as well as an airman6 medical certificate, and who ha s demonstrated, by meeting mini mum flight- hour and currency requirements, that the PIC is able to safely operate the DJI Phantom 2 Vision Plus and the DJI

Phantom 3 Advanced UAS in a manner consistent with this exemption, including evasive and emergency maneuvers and maintaining appropriate distances from people, vessels, vehicles and

structures.

LDO seeks relief from Section 91.7(a), entitled Civil aircraft airworthiness , because both the DJI

Phantom 2 Vision Plus and DJI Phantom 3 Adva nced UAS do not require an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H. As such, LDO submits that they

will ensure that the DJI Phantom 2 Vision Pl us and DJI Phantom 3 Advanced UAS are in airworthy conditions, prior to every flight, by de termining that each UAS is in compliance with the operating documents (i.e., Monthly Maintena nce Log, and DJI Phantom 2 Vision Plus and

DJI Phantom 3 Advanced Instructio n Manuals), and that the aircra fts are in a condition for safe flight.

LDO also seeks an exemption from th e requirements of S ection 91.121, entitled Altimeter Settings , as neither the DJI Phantom 2 Vision Plus nor the DJI Phantom 3 Advanced UAS will not have a typical barometric altimeter onboard. However, alt itude information of the DJI

Phantom 2 Vision Plus and DJI Phantom 3 Adva nced will be provided to the PIC via Global Positioning System (GPS) equipment and radi o communications telemetry data link, which

downlinks from the UA to the GCS for active monitoring of the flight path. This altitude information, combined with LDO’s operation of the DJI Phantom 2 Vision Plus and DJI

Phantom 3 Advanced UAS within visual line of sight, at or below 400 f eet AGL, will ensure a level of safety equivalent to Section 91.121.

Additionally, LDO seeks an exemption from the requirements of Section 91.151(b), entitled Fuel requirements for flight in VFR conditions . LDO, LLC submits that safety will not be affected by operation of the DJI Phantom 2 Vision Plus and DJI Phantom 3 Advanced UAS during daylight hours in visual meteorological conditions (VMC) under visual flight rule s (VFR), with enough battery power to fly for a total duration of approximately 23 minut es. Battery power indicators are also able to show exactly how much battery power is left, as well as how much time is needed to return safely b ack to point of take off.

In accordance with 14 C.F.R. § 11.81, LDO, LLC provides the following information in support of its petition for exemption:

A. Name And Address Of The Petitioner.

The name and address of the Petit ioner and point of contact is:

LDO, LLC
Pete Van Nort Director of Operations
4181 Brunswick Court SE Smyrna, Georgia 30080 petevannort@gmail.com7 B. The Specific Sections Of 14 C.F.R. From Which LDO, LLC Seeks Exemption.

1. LDO Seeks Exemption From The Requirem ents Of Section 61.113(a) And (b).

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

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

(a) No person who holds a private pilot cer tificate may act as a pilot in command (PIC) of an aircraft that is carrying passe ngers or property for compensation or hire; nor may that person, for compensation or hire, act as PIC of an aircraft.

(b) A private pilot may, for compensation or hire, act as PIC of an aircraft in connection with any business or employment if—

(1) The flight is only incidental to that business or employment; and

(2) The aircraft does not carry passengers or property for compensation or hire.

2. LDO, LLC Seeks Exemption From The Requirements Of Section 91.7(a).

Section 91.7, entitled Civil aircraft airworthiness , subsection (a), states the following:

(a) No person may operate a civil aircraft unless it is in an airworthy condition.

3. LDO, LLC Seeks Exemption From The Requirements Of Section 91.121.

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

(a) Each person operating an aircraft shall main tain the cruising altitude or flight level of that aircraft, as the case may be, by refe rence 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 setti ng of an appropriate av ailable station; or

(iii) In the case of an aircra ft not equipped with a radio, the elevation of the departure airport or an appropriate altimeter setting available before departure.

4. LDO, LLC Seeks Exemption From Th e Requirements Of Section 91.151(b).

Section 91.151, entitled Fuel requirements for f light in VFR conditions , subsection (b), states the following:8 (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 nor mal cruising speed, to fly after that for at least 20 minutes.

5. LDO, LLC Seeks 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 pres cribed in subpart E of this part and shall between required inspections, except as pr ovided in paragraph (c) of this section, have discrepancies repaired as prescribed in part 43 of this chapter[.]

6. LDO, LLC Seeks Exemption From Th e Requirements Of Section 91.407(a)(1)

Section 91.407, entitled Operation after maintenance, preventive maintenance, rebuilding, or alteration

, subsection (a)(1), st ates the following:

(a) No person may operate any aircraft th at has undergone maintenance, preventive maintenance, rebuilding, or alteration unless--

(1) It has been approved for return to se rvice by a person au thorized under § 43.7 of this chapter[.]

7. LDO, LLC Seeks Exemption From The Re quirements Of Sections 91.409(a)(1) And 91.409(a)(2).

Section 91.409, entitled Inspections , subsection (a), states the following:

(a) Except as provided in pa ragraph (c) of this section, no person may operate an aircraft unless, within the preced ing 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 au thorized by § 43.7 of this chapter; or

(2) An inspection for the issuance of an airworthiness certific ate in accordance with part 21 of this chapter.9 8. LDO, LLC Seeks Exemption From The Requirements Of Sect ions 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, preven tive maintenance, and alteration and records of the 100-hour, annual, progre ssive, and other re quired or approved inspections, as appropriate, for each airc raft (including the airframe) and each engine, propeller, rotor, a nd appliance of an aircraft. The records must include--

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

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

(iii) The signature, and certificate numb er 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 pa rts 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 th e aircraft, including the time since the last inspection required by the inspecti on program under which the aircraft and its appliances are maintained.

(v) The current status of applicable ai rworthiness 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 wh en 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 in stalled engines, rotors, propellers, and appliances.10 (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 othe r work or for 1 year after the work is performed.

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

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

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

C. The Extent Of Relief LDO, LLC Seeks And The Reason LDO, LLC Seeks The Relief.

1. Extent Of Relief LDO, LLC Seeks And The Reason the Company Seeks Relief From Section 61.113(a) And (b).

Relief from Section 61.1 13(a) and (b) entitled Private pilot privileges 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 relief is requested since the limitations se t forth in Section 61.113(a) and (b) state that a private pilot may, for compensation or hire, act as PIC of an aircraft in connection with any business or employment if: (1) Th e flight is only incide ntal 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, LDO submits that an equivalent level of safety will be maintained because no PIC will be allowed to operate the DJI Phantom 2 Vision Plus or DJI Phantom 3

Advanced UAS unless that PIC has met certa in flight-hour and cu rrency requirements, demonstrating that the PIC is able to safely operate either the DJI Phantom 2 Vision Plus or the

DJI Phantom 3 Advanced UAS in a manner consiste nt with the operations specifications as described in this exemption, including evasive and emergency maneuvers, as well as maintaining appropriate distances fr om people, vessels, vehicles and structures.

Further, LDO submits that all flights of th e DJI Phantom 2 Vision Plus and DJI Phantom 3 Advanced UAS, conducted by the PIC pursuant to the grant of this Petition: (1) will be incidental to LDO’s business; and (2) will not carry passengers or property for compensation or hire.11 2. Extent Of Relief LDO, LLC Seeks And The Reason LDO, LLC 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 LDO to determine that the DJI Phantom 2 Vision Plus and DJI Phantom 3 Advanced UAS are in airworthy condition prior to every flight by ensuring that the UAS is in compliance with the operating documents (i.e., LDO’s Aerial Operations Manual, Monthly Maintenance Log, and the DJI Phantom 2 Vision Pl us and DJI Phantom 3 Advanced Instruction Manuals).

LDO seeks the requested relief because the DJ I Phantom 2 Vision Plus and the DJI Phantom 3 Advanced UAS do not require an airworthiness ce rtificate in accordance with 14 C.F.R. Part 21, Subpart H. Therefore, LDO will ensure that the DJI Phantom 2 Vision Plus and DJI Phantom 3 Advanced UAS are in airworthy condition based upon its compliance with the operating documents (i.e., Monthly Maintenance Log, a nd the DJI Phantom 2 Vision Plus and DJI Phantom 3 Advanced Manuals) prior to every flight, and further, de termine that the aircraft are in condition for safe flight, as stated in the conditions a nd limitations below.

3. Extent Of Relief LDO, LLC Seeks And The Reason LDO, LLC Seeks Relief From
Section 91.121.

Relief from Section 91.121, entitled Altimeter settings, may be required to allow flight operations of the DJI Phantom 2 Vision Plus and DJI Phantom 3 Advanced UAS. This regulation requires each person operating an aircraft to maintain cr uising altitude by reference to an altimeter that is set “..to the elevation of the departure airport or an appropriate altimeter setting available before departure.” As the UAS may not have a barometric altimeter, but instead a GPS altitude read out, an exemption may be needed. An equivalent level of saf ety will be achieved by the operator, pursuant to the Safety Checklist, confirming the altitude of the laun ch site shown on the GPS altitude indication before flight..

4. Extent Of Relief LDO, LLC Seeks And The Reason LDO, LLC Seeks Relief From Section 91.151(b).

Relief from Section 91.151(b) entitled Fuel requi rements for flight in VFR conditions, is requested to the extent required to allow flights of the battery powered DJI Phantom 2 Vision Plus and DJI Phantom 3 Advanced UAS during daylight hours in visual meteorological conditions (VMC), under visual fl ight rules (VFR), for a total duration of 23 minutes. LDO 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 Plus and DJI Phantom 3 Advanced UAS will severely constrain the practicality of any aeri al video or still photo flight operations that LDO proposes to conduct pursuant to this Petition.

Significantly, as set forth below, the technical specifications of the DJ I Phantom 2 Vision Plus and DJI Phantom 3 Advanced UAS, the DJI Phantom 2 Vision Plus and DJI Phantom 312 Advanced operating documents, and LDO propos ed operating limitations, ensure that the Company will safely operate th e battery powered DJI Phantom 2 Vision Plus and DJI Phantom 3 Advanced UAS during daylight hours in visual meteorological conditions (VMC), under visual flight rules (VFR), with e nough battery power to fly for a total duration of 23 minutes.

5. Extent Of Relief LDO, LLC Seeks And The Reason LDO, LLC 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, LDO requests relief fr om these Sections because the

DJI Phantom 2 Vision Plus and DJI Phantom 3 Advanced UAS do not require airworthiness certificates. As set forth more fully below, th e DJI Phantom 2 Vision Pl us and DJI Phantom 3

Advanced UAS meet the conditions of FMRA Section 333 for operation without an airworthiness certificate. Accordingly, LDO will us e trained technicians to perform maintenance, alterations, or preventive mainte nance on the UAS using the met hods, techniques, and practices prescribed in the UAS operating documents (i.e ., the LDO Aerial Opera tions Manual, Monthly Maintenance Log, and DJI Phantom 2 Vision Plus and DJI Phantom 3 Advanced Instruction Manual). Furthermore, LDO will document and ma intain all maintenance records for the DJI

Phantom 2 Vision Plus and DJI Phantom 3 Advanced UAS.

D. The Reasons Why Granting LDO, LLC Request Would Be In The Public Interest; That Is, How It Would Benefit The Public As A Whole.

Granting the present Petition will further th e public interest by a llowing LDO to safely, efficiently, and economically perform aerial photography, videography, mapping, crop surveying/monitoring, appraisals , inspections and other aerial data collection operations over

certain areas of the United States.

Additionally, use of the DJI Phantom 2 Vision Plus and DJI Phantom 3 Advanced UAS will decrease congestion of the NAS, reduce polluti on, and provide signifi cant benefits to the economy. Notably, the benefits of LDO, LLC’s pr oposed operation of the DJI Phantom 2 Vision

Plus and DJI Phantom 3 Advanced UAS will be r ealized without implicating any privacy issues.

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

The DJI Phantom 2 Vision Plus and DJI Phanto m 3 Advanced UAS are battery powered and serve as a safe, efficient, and economical alterna tive to the manned aircraft traditionally utilized to obtain aerial imagery. By reducing the amount of manned aircraft n eeded to perform aerial acquisitions, an exemption allowing the use of a DJI Phantom 2 Vision Plus and DJI Phantom 3

Advanced UAS would reduce the amount of manne d aircraft in the NAS , reduce noise and air pollution, as well as increase th e safety of life and property in the air and on the ground.13 Furthermore, by reducing the number of manne d aircraft operating in the NAS, congestion around airports caused by arriving and departing ai rcraft will be reduced. The DJI Phantom 2

Vision Plus and DJI Phantom 3 Advanced UAS do not require an airport to takeoff or land. Likewise, a reduction of manne d aircraft conducting aerial video and photography missions

would result in fewer aircraft that must be handled by air traffic control during the ground, takeoff, departure, arrival, and landing phases of flight operations.

2. The Public Will Benefit From The Safety A nd Efficiency Of The DJI Phantom 2 Vision
Plus and DJI Phantom 3 Advanced UAS.

Conducting aerial acquisitions with the DJI Phantom 2 Vision Plus and DJI Phantom 3 Advanced UAS, instead of manned aircraft, w ill greatly benefit the public by drastically reducing the levels of air and noise pollution ge nerated during traditional aerial video and still photography flight operations. By using battery power and electric motors, the DJI Phantom 2 Vision Plus and DJI Phantom 3 Advanced UAS pr oduce no air pollution, and is the most viable environmentally conscious alternative to the cabin class, six cylinder internal combustion engine aircraft that are typically u tilized for aerial video and photogr aphy, while burning approximately 20-30 gallons per hour of leaded aviation fuel. The DJI Phantom 2 Vision Plus and DJI Phantom 3 Advanced UAS, while reducing the carbon footpr int of aerial acquisitions, also eliminates noise pollution, as the UAS are pr opelled by battery powered electr ic motors, rather than an internal combustion engine.

By using the DJI Phantom 2 Vision Plus and DJI Phantom 3 Advanced UAS to perform aerial acquisitions, the substantial risk to life and pr operty in the air and on the ground, which is usually associated with traditi onal manned aircraft flight operati ons, will be substantially reduced or completely eliminated. Aside from the lack of flight crew members located onboard the aircraft, the DJI Phantom 2 Vision Plus and DJI Phantom 3 Advanced UAS (weighing no more than 3.0 pounds at their maximum gross weight with diagonal dimension of 23.2 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 ma nned aircraft that typically conduct similar operations (weighing approximately 6,000 pounds with a wingspan of approximately 42 feet, a length of 34 feet, and a fuel capacity of 180 gallons).

3. Performing Aerial Video and Photography Operations With The DJI Phantom 2 Vision Plus and DJI Phantom 3 Advanced UAS Will Benefit The Economy.

In addition to being safe and efficient, th e DJI Phantom 2 Vision Plus and DJI Phantom 3

Advanced UAS are also an economical alternativ e to using manned aircraft to conduct similar aerial operations. As such, opera tion of the DJI Phantom 2 Vi sion Plus and DJI Phantom 3 Advanced UAS will allow United States based comp anies, like LDO, to remain competitive and contribute to growth of the U.S. economy. Specifically, with the rising cost of aviation fuel and the Environmental Protection Agency (“EPA”) re gulatory actions phasing out leaded aviation14 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 Vision Plus and DJI

Phantom 3 Advanced UAS is one such techno logy that not only allo ws companies greater operational flexibility compared to manned aircraft, but provides such flexibility without the high operational cost of a tr aditional manned aircraft.

By operating the DJI Phantom 2 Vision Plus and DJI Phantom 3 Advanced UAS, companies such as LDO, can remain competitive and profitabl e, and therefore, provide greater job stability to employees and contractors, which will ultimately contribute to growth of the U.S. economy. Improved financial performance of U.S. companie s, through commercial use of the DJI Phantom 2 Vision Plus and DJI Phantom 3 Advanced UAS, provides a stable workforce that increases consumer spending; improves local , state, and federal tax revenue s; and allows companies to invest in research and developm ent in order to remain competitive both in the United States and

abroad.

4. There Are No Privacy Issues.

Similar to the manned aerial acquisition flight ope rations that have been conducted for decades, LDO’s proposed operation of the DJI Phantom 2 Vision Plus and DJI Phantom 3 Advanced UAS will not implicate any privacy issues. Specif ically, the DJI Phantom 2 Vision Plus and DJI Phantom 3 Advanced UAS will be operated only in compliance with operating documents (i.e., LDO Aerial Operations Manual, Monthly Maintenance Log, and DJI Phantom 2 Vision Plus and DJI Phantom 3 Advanced Instruction Manual) wh ich requires property owner involvement as well as local law enforcement notification, and in accordance with the Federal Aviation Regulations, including the minimum alt itude requirements of 14 C.F.R. § 91.119.

E. The Reasons Why Granting The Exemptio n Would Not Adversely Affect Safety, Or How The Exemption Would Provide A Level Of Safety At Least Equal To That Provided By The Rule From Which LDO, LLC Seeks Exemption.

1. Reasons Why The DJI Phantom 2 Vision Plus and DJI Phantom 3 Advanced UAS 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 with the unmanned aircraft and its operation, LDO’s operati on of the DJI Phantom 2 Vision Plus and DJI

Phantom 3 Advanced UAS meet the conditions of FMRA Section 333, and will not re quire an

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

Section 333 provides authority for a UAS to operate without airworthiness certification and sets forth requirements for considering whether a UAS w ill create a hazard to users of the NAS or the public, or otherwise pose a threat to national security. Specifica lly, FMRA Section 333 states the following, in part:15 (a) In General.--Notwithstanding any other re quirement of this su btitle, and not later than 180 days after the date of enactment of this Act, th e Secretary of Transportation shall determine if certain unmanned aircra ft systems may operate safely in the national airspace system before completion of the plan and rule making required by section 332 of this Act or the guidance re quired 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 syst ems, if any, as a result of their size, weight, speed, operational capability, proximity to airports and populated areas, and operation within visual line of sight do not create a hazard to users of the national airspace system or th e public or pose a threat to national security; and

(2) whether a certificate of wai ver, certificate of authorization, or airworthiness certificati on under section 44704 of ti tle 49, United States Code, is required for the operation of unmanned aircraft systems identified under paragraph (1).

(c) Requirements for Safe Operation.-- If th e Secretary determines under this section that certain unmanned aircraft systems may operate safely in the national airspace system, the Secretary shall establish requi rements for the safe operation of such aircraft systems in the national airspace system.

In seeking this exemption, LDO submits that th e DJI Phantom 2 Vision Plus and DJI Phantom 3 Advanced UAS can operate safely in the NAS pursuant to FMRA Secti on 333, as demonstrated by: (a) the characterist ics of the DJI Phantom 2 Vision Plus and DJI Phantom 3 Advanced UAS; (b) the pilot certification requirement; and (c) the specific operating limitations.

a. The Specifications Of The DJI Phantom 2 Vision Plus and DJI Phantom 3 Advanced
UAS Demonstrate Its Safe Characteristics.

The DJI Phantom 2 Vision Plus and DJI Phantom 3 Advanced UAS do not create a hazard to users of the NAS or the public, or otherwise pose a threat to national security considering its size, weight, speed, and operational capability.

i. Technical Specifications Of The DJI Ph antom 2 Vision Plus and DJI Phantom 3
Advanced UAS.

The technical specifications of the DJI Phantom 2 Vision Plus and DJI Phantom 3 Advanced UAS are set forth by the DJI Phantom 2 Vision Plus and DJI Phantom 3 Advanced User Manual, attach ed hereto as Appendix A.16 ii. The DJI Phantom 2 Vision Plus and DJI Phantom 3 Advanced UAS Global Positioning Modes Enable The UAS To Remain Within A Defined Operational
Area.

The DJI Phantom 2 Vision Plus and DJI Phan tom 3 Advanced UAS may be operated in both manual and global positioning flight modes. A complete description of the flight and navigational modes of the DJI Phantom 2 Vi sion Plus and DJI Phantom 3 Advanced UAS is provided at pages 11 of the DJI Phantom 2 Vision Plus and DJI Phantom 3 Advanced User Manual attached hereto as Appendix A.

iii. The DJI Phantom 2 Vision Plus and DJI Phantom 3 Advanced UAS Are Designed For Automatic Return To Home Point Or Hover In The Event Of Loss Of The Control Link Or Navigation.

When the Control Link is lost, the DJI Phantom 2 Vision Plus and DJI Phantom 3 Advanced UAS will remain stationary, in fl ight, for 3 seconds or more. If, after 3 seconds, the DJI Phantom 2 Vision Plus a nd DJI Phantom 3 Advanced UAS does not reacquire control link data from the GCS, th e UAS will assume that the Control Link is lost and the will return to the home position (i.e., failsafe mode) via GPS, and will descend to the takeoff position and shutdown.

A complete description of the Failsafe Func tions of the DJI Phantom 2 Vision Plus and

DJI Phantom 3 Advanced UAS are set forth wi thin the Advanced User Manuals, attached hereto as Appendix A.

iv. The DJI Phantom 2 Vision Plus and DJI Phantom 3 Advanced GCS And Its Operation.

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

Plus and DJI Phantom 3 Advanced GCS and f light control software are provided within each User Manual (attached hereto as Appendix A).

b. Flight Operations Of DJI Phantom 2 Vision Plus and DJI Phantom 3 Advanced UAS Are Limited To The Line Of Sight Of A C ertificated Pilot in Command With A Safety
Observer.

LDO’s staff will be the only persons to act as a pilot in command (PIC) of the DJI Phantom 2

Vision Plus and DJI Phantom 3 Advanced UAS. A dditionally, a safety observer will assist him at all times during flight time.17 c. Flights Of DJI Phantom 2 Vision Plus and DJI Phantom 3 Advanced UAS Will Be Conducted Pursuant To Specific Operating Limitations.

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

Plus and DJI Phantom 3 Advanced UAS for the special purpose of conducting over certain areas of United States, pursuant to the fo llowing specific operating limitations.

1. Operations authorized by this grant of exemption will be limited to the following aircraft described in the operating documen ts, rotorcraft UAS weighing less than 55 pounds maximum gross weight: DJI Phantom 2 Vision Plus and DJI Phantom 3 Advanced Unmanned Aircraft Systems. Proposed operations of any other aircraft will require a new petition or a pe tition to amend this grant.

2. UAS operations under this exemption will be limited to conducting operations for the purpose of aerial video and photogra phy, mapping, crop surveying/monitoring, appraisals, inspections and other aerial data collection operations.

3. The UAS may not be flown at an indicated airspeed exceeding 40 knots.

4. The UA must be operated at an altitude of no more than 400 feet above ground level (AGL), as indicated by the procedures spec ified in the operating documents unless a special request is made and approved by ATC. All altitudes reported to ATC must be

in feet AGL.

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

certificate.

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

7. All operations must utilize a safety obser ver (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 verba lly 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 th e duration of the flight. The PIC must ensure that the SO can perform the functions prescrib ed in the operating

documents.

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

9. The operating documents and the grant of exemption must be accessible during UAS operations and made available to the Administrator upon request. If a discrepancy exists between the conditions and limitations contained in the grant of exemption and the procedures outlined in the operating documents, the conditions and18 limitations contained in the grant of exemp tion take precedence and must be followed. Otherwise, the operator must follow the procedures as outlined in its operating documents. The operator may update or revi se its operating docum ents. It is the operator’s responsibility to track such revisions and presen t 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 revisi on would affect the basis upon which the FAA granted the exempt ion, then the operator must petition for amendment to its grant of exemption. Th e FAA’s UAS Integration Office (AFS-80) may be contacted if questions arise rega rding 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. If the inspection reveals a c ondition 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 doc umented in the aircraft records.

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

12. The pre-flight inspection must account for all potential di screpancies, e.g. inoperable components, items, or equipment, not already covere d in the relevant sections of the operating documents.

13. The operator must follow the UAS manufacturer’s aircraft/component, maintenance, overhaul, replacement, inspection, and life limit requirements.

14. The operator must carry out its maintenance, inspections, and record keeping requirements, in accordance with the opera ting documents. Maintenance, inspection, alterations, and status of replacement/overhau l component parts must be noted in the aircraft records, including total time in se rvice, description of work accomplished, and the signature of the authorized person returning the UAS to service.

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

16. The authorized person must make an entry in the aircraft reco rd of the corrective action taken against discrepancie s discovered between inspections.

17. The PIC must possess at least a private pilo t certificate and at l east a current thirdclass medical certificate.19 18. The operator may not permit any PIC to operate unless the PIC meets the operator’s qualification criteria and demonstr ates 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 a ppropriate distances from persons, vessels, vehicles and structur es. PIC qualification flight hours must be logged in a manner consistent with 14 C.F. R. § 61.51(b). Flights for the purposes of training the operator’s PICs are permitted unde r the terms of the exemption. However, training operations may only be conducted during dedica ted training sessions. During training, proficiency, and expe rience-building flights, all persons not essential for flight operations are considered nonparticip ants, and the PIC must operate the UA with appropriate distance from nonparticipants in accordance with 14 C.F.R. § 91.119.

19. UAS operations may not be conducted duri ng night, as defined in 14 C.F.R. § 1.1. All operations must be conducted under visu al meteorological c onditions (VMC). If flight at night is required, a special request will be made at the FAA office closest to proposed area of operations. Flights under spec ial visual flight rules (SVFR) are not

authorized.

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

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

22. If the UA loses communications or loses its GPS signal, it must return to a predetermined location within the planned operating area and land or be recovered in accordance with the operating documents.

23. The PIC must abort the flight in the ev ent of unpredicted obstacles or emergencies in accordance with the operating documents.

24. The PIC is prohibited from beginning a flight unless (considering wind and forecast weather conditions) there is enough power to fly at normal cruising speed to the intended landing point and land the UA with 25% battery power remaining.

25. The operator must obtain an Air Traffic Organization (ATO) issued Certificate of Waiver or Authorization (COA) prior to conducting any operations under the grant of exemption. This COA will also require the operator to request a Notice to Airman (NOTAM) not more than 72 hours in advance, but not less than 48 hours prior to the operation. All operations shall be conducted in accordance with airspace requirements in the ATO issued COA including class of airspace, altitude level and potential transponder requirements.20 26. All aircraft operated in accordance with th e exemption must be identified by serial number, registered in accordance with 14 C. F.R. part 47, and have identification (NNumber) markings in accordance with 14 C.F.R. part 45, Subpart C. Markings must be as large as practicable.

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

28. The documents required fewer than 14 C. F.R. 91.9 and 91.203 must be available to the PIC at the Ground Control Station of the UAS any time the UAS is operating.

These documents must be made available to the Administrator or any law enforcement official upon request.

29. The UA must remain clear and yield th e right of way to all manned aviation operations and activitie s at all times.

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

31. Flight operations must be conducted at least 500 feet from all nonpart icipating 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 of an accident. The operator must ensure that nonparticipating persons remain under su ch protection. If a situation arises where nonparticipating persons leave such protection and ar e within 500 feet of the UA, flight operations must cease immediately and/or;

b. The aircraft is operated near vessel s, vehicles or structures where the owner/controller of such vessels, vehicles or structures has gr anted permission and the PIC has made a safety assessment of the risk of operating closer to those objects

and determined that it does not present an undue hazard, and;

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

32. All operations shall be conducted over pr ivate or controlled-access property with permission from the land owner/controller or authorized repres entative. Permission

from land owner/controller or authorized re presentative will be obt ained for each flight

to be conducted.

33. Any incident, accident, or flight operation that transgre sses 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.21 2. Reasons Why An Exemption From The Re quirements Of Section 61.113(a) And (b) Would Not Adversely Affect Safety.

LDO submits that the equivalent level of safety established by Section 61.113(a) and (b) will be maintained because no PIC will be allowed to op erate the DJI Phantom 2 Vision Plus or the DJI

Phantom 3 Advanced UAS 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 Plus

or DJI Phantom 3 Advanced UAS in a manner cons istent with the exemption, including evasive and emergency maneuvers and maintaining appropria te distances from people, vessels, vehicles

and structures.

Considering LDO’s proposed area of operations, and the operating limitations set forth-above; the parallel nature of private pilot aeronautical knowledge require ments to those of commercial pilot requirements (See Exemption No. 11062); and the airmanship skills necessary to safely operate the DJI Phantom 2 Vision Plus and DJ I Phantom 3 Advanced UAS, LDO submits that the additional manned airmanship experience of a commercially certificated pilot would not correlate to the airmanship skills necessary for LDO’s specific proposed flight operations.

The FAA has previously granted relief from S ection 61.113(a) and (b) specific to UAS, in circumstances similar, in all material respects , to those presented herein (e.g. Exemption Nos. 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110, 11112, 11136, 11138, 11150, 11153, 11156, 11158, 11159, 11160, 11161).

LDO, LLC will not allow any PIC to operate the DJI Phantom 2 Vision Plus and DJI Phantom 3

Advanced UAS unless that PIC has demonstrated , by meeting minimum f light-hour requirements

or the DJI Phantom 2 Vision Plus and DJI Ph antom 3 Advanced UAS training and currency requirements, that the PIC is able to safely operate the DJI Phantom 2 Vision Plus and DJI

Phantom 3 Advanced 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 of total time as a UAS rotorcraft pilot (with a minimu m 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 require ments, the PIC must accomplish 3 takeoffs and landings in the preceding 90 days (for currency purposes).

As in Exemption Nos. 11062, 11138, and 11153, prior documented flight experience that was obtained in compliance with appli cable regulations will ensure an equivalent level of safety during LDO, LLC’s proposed operations. The Admi nistrator has held that prior documented flight experience that was obtained in compliance with applicable regulations would ensure safe operations, stating as follows:

In Exemption No. 11062, the FAA required that prior to conducting operations for the purpose of motion picture filming (or similar operations), the PIC must have accumulated22 and logged, in a manner consistent with 14 CFR 61.51(b), 25 hours of total time as a UAS rotorcraft pilot including at least 10 hou rs logged as a UAS p ilot with a multi-rotor UAS. Prior to operations under Exempti on No. 11062, the PIC must also have accumulated and logged a minimum of 5 hours as a UAS pilot operating the same make and model of UAS 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 of multi-rotor time and the 10 hours may be included in the total 25 hours of UAS 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 Exemption No. 11062 are appropri ate to practice and bu ild proficiency in the skills necessary to safely conduct the pe titioner’s proposed opera tions. The FAA also finds that prior documented flight experi ence that was obtained in compliance with applicable regulations woul d satisfy this requirement. Training, proficiency, and experience-building flights can also be conducted under the grant of exemption toaccomplish the required flight time. During training, proficiency, and experiencebuilding flights the PIC is required to opera te the UA with appropriate distances in
accordance with 14 C.F.R 91.119.

Exemption No. 11138 at page 15.

Accordingly, LDO, LLC will ensure safe operati ons by not allowing any PIC to operate the DJI

Phantom 2 Vision Plus and DJI Phantom 3 Adva nced UAS or DJI Phantom 2 Vision Plus UAS

unless that PIC has demonstrat ed, by meeting minimum flight- hour and currency requirements, that the PIC is able to safely operate th e DJI Phantom 2 Vision Plus and DJI Phantom 3

Advanced UAS in a manner consistent with th e exemption, including evasive and emergency maneuvers and maintaining appropr iate distances from people, ve ssels, vehicles and structures.

3. Reasons Why An Exemption From The Re quirements Of Section 91.7(a) Would Not Adversely Affect Safety.

The equivalent level of safety established by Se ction 91.7(a) will be maintained because prior to every flight, LDO, LLC will ensure that th e DJI Phantom 2 Vision Plus and DJI Phantom 3 Advanced UAS are in airworthy conditions base d upon the UAS’s complianc e with its operating

documents and as stated in the c onditions and lim itations herein.

Additionally, the FAA has previously granted reli ef from Section 91.7(a) specific to UAS, in circumstances similar, in all material respects , to those presented herein (e.g. Exemption Nos. 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110, 11112, 11136, 11138, 11150, 11153, 11156, 11157, 11158, 11159, 11160, 11161).23 4. Reasons Why An Exemption From The Requirements Of Section 91.121 Would 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 Visi on Plus and DJI Phantom 3 Advanced 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 activ e monitoring of the flight path and altitude. This altitude information, comb ined with LDO’s operation of the DJI Phantom 2 Vision Plus and

DJI Phantom 3 Advanced UAS within visual line of sight, at or below 500 feet AGL, will ensure a level of safety equivalent to Section 91.121. Th e 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 UAS at ground level.

The FAA has previously granted relief from Se ction 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 Re quirements Of Section 91.151(b) Would Not Adversely Affect Safety.

A grant of this exemption would ensure an equi valent level of safety established by 14 C.F.R. Section 91.151(b) as a result of (1 ) the technical specifications of the DJI Phantom 2 Vision Plus and DJI Phantom 3 Advanced UAS; (2) the limita tions on the proposed fli ght operations; and (3) the location of the proposed flight operations. A ccordingly, LDO will ensure that it will safely operate the battery powered DJI Phantom 2 Vi sion Plus and DJI Phantom 3 Advanced UAS during daylight hours in VFR cond itions, with enough battery power to fly for a total duration of

23 minutes.

Here, as in Exemption No. 11109, the technical speci fications of the DJI Ph antom 2 Vision Plus and DJI Phantom 3 Advanced UAS; the limitations on the proposed flight operations; and the location of the proposed operations, will ensure an equivalent level of safety established by 14 C.F.R. Section 91.151(b). Furthermore, safety will be ensured as the DJI Phantom 2 Vision Plus and DJI Phantom 3 Advanced UAS provide audible and visual warnings to the PIC at the GCS when the UAS experiences low battery voltage, the first warning occu rring at approximately 33% remaining battery power, and again at appr oximately 10% remaining battery power. At the critically low battery level, the DJI Phantom 2 Vision Plus and DJI Phantom 3 Advanced UAS will descend and land automatically.

Significantly, previous exemptions granted by th e FAA concerning Section 91.151 establish that safety is not adversely affected when the technica l characteristics and operating limitations of the UAS are considered. Relief has been granted for manned aircraft to operate at less than the minimums prescribed in Section 91.151, including Exemption Nos. 2689, 5745, and 10650. Moreover, the FAA has previously granted reli ef from Section 91.151 specific to UAS, in circumstances similar, in all material respects , to those presented herein (e.g. Exemption Nos.24 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 Of Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), And 91.417(a) & (b) Would Not Adversely Affect Safety.

In seeking this exemption, LDO submits that the e quivalent level of safety with regard to the regulatory maintenance and alteration requ irements 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 the Company will use trained technicians to perform maintenance, alterations, or preventive maintenance on the UAS using the methods, techniques, and practices prescribed in the oper ating documents (i.e., LDO Aerial Operations Manual, Monthly Maintenance Log, and DJI Phantom 2 Vision Plus and

DJI Phantom 3 Advanced Instruc tion Manuals). Furthermore, L DO will document and maintain all maintenance records for these two UAS units (DJI Phantom 2 Vision Plus and DJI Phantom 3 Advanced).

Since the DJI Phantom 2 Vision Plus and DJI Ph antom 3 Advanced UAS will be inspected as prescribed by the operating documents, LDO will maintain the equivalent level of safety established by Sections 91.405(a), 91.409(a)(1), and 91.409(a )(2). A copy of the DJI Phantom 2

Vision Plus and DJI Phantom 3 Ad vanced User Manuals are attached hereto as Appendix A.

Likewise, the exemption sought will not adversely affect safety because LDO will use trained technicians to perform maintenance, alterations or preventive maintenance on the UAS using the methods, techniques, and practices prescribed by the operating documents.

Furthermore, the exemption sought would maintain an equivalent level of safety established by Sections 91.407, 91.417(a) and 91.417(b), because al l maintenance of the DJI Phantom 2 Vision Plus and DJI Phantom 3 Advanced UAS will be pe rformed by trained technicians. Maintenance

will be documented and maintained util izing the monthly maintenance log.

Significantly, previous exemptions grante d by the FAA concerning Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), a nd 91.417(a) & (b) establ ish that safety is not adversely

affected when the technical characteristics and operating limitations of the UAS are considered.

In consideration of LDO, LLC’s proposed ope rating limitations, the operating documents, and the technical aspects of the DJI Phantom 2 Vision Plus and DJI Phantom 3 Advanced UAS, LDO, LLC submits that safety will not be a dversely 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 9 1.417(a) and (b). The FAA has previously granted relief specific to UAS in circumstances similar, in all material respects, to those presen ted herein (e.g. Exempti on Nos. 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110, 11112, 11136, 11138, 11150, 11153, 11156, 11157, 11158, 11159, 11160, 11161).25 7. The FAA May Prescribe Any Other Conditions For Safe Operation.

In accordance with Section 333 of the FAA Mode rnization and Reform Act of 2012 (FMRA) and 14 C.F.R. § 21.16 entitled Special Conditions, LDO, LLC requests that the FAA prescribe special conditions for the intended operation of the DJI Phantom 2 Vision Plus and DJI Phantom 3 Advanced UAS, which contain such safety standards that the Ad ministrator finds necessary to establish a level of safety equiva lent to that established by 14 C.F.R. Part 21, Subpart H, and 14 C.F.R §§ 61.113(a) & (b), 91.7 (a), 91.121, 91.151( b), 91.405(a), 91.407(a )(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b). Such special conditions will permit safe operati on of the UAS for the limited purpose of conducting aerial video and photography over certain areas of the United States for compensation or hire . FMRA Section 333 sets forth th e requirements for considering

whether a UAS will create a hazard to users of th e NAS or the public, or otherwise pose a threat to national security; and further, provides th e 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 3 Adva nced and DJI Phantom 2 Vision Plus UAS, since the airworthiness regulations of 14 C.F.R. Part 21 do not c ontain adequate or appropriate safety standards, due to the novel or unusual de sign features of these aircrafts. Section 21.16, entitled Special Conditions , states the following:

If the FAA finds that the airworthiness regu lations of this subchapter do not contain adequate or appropriate safety standards fo r an aircraft, aircraft engine, or propeller because of a novel or unusual design feature of the aircraft, aircraft engine or propeller, he prescribes special conditions and amendments thereto for the product. The special

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.

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 E dge’s intended operation of the DJI Phantom 3 Advanced and DJI Phantom 2 Vision Plus UAS, wh ich contain such safety standards that the Administrator finds necessary to establish a level of safety equivalent to that established by 14 C.F.R. Part 21, Subpart H, and 14 C.F.R Sections 61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b).

A Summary That Can Be Published In The Fe deral Register, stating: The Rules From Which LDO, LLC Seeks Exemption:

LDO, LLC seeks exemption from the requireme nts of 14 C.F.R Sections 61.113(a)&(b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1 ), 91.409(a)(1) & (a)(2), and 91. 417(a) & (b).26 A Brief Description Of The Nature Of The Exemption LDO, LLC Seeks:

This exemption will permit LDO, LLC to commerc ially operate an Unmanned Aircraft System (UAS) for the purpose of conduc ting aerial video and photography over certain areas of the

United States.

Any Additional Information, Views, Or Ar guments Available To Support LDO, LLC’s Request.

This Petition is made pursuant to the FAA Modernization and Reform Act of 2012 (FMRA) Section 333, which direct s the Secretary of Tr ansportation to determ ine if certain UAS may operate safely in the NAS. As such, LDO, LLC’s request for exemption may be granted pursuant to the authority of FM RA Section 333 and 14 C.F.R. Pa rt 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 ot herwise pose a threat to national security; and further, provides the authority for such UAS to operate without airw orthiness certification.

As discussed in detail above, LDO, LLC will op erate the DJI Phantom 2 Vision Plus and DJI Phantom 3 Advanced UAS safely in the NAS, wit hout creating a hazard to users of the NAS, or the public, or otherwise pose a threat to national security.

CONCLUSION

As set forth herein, LDO, LLC seeks an exemption pursuant to 14 C.F.R. § 11.61 and Section

333 of the FAA Modernization and Reform Ac t of 2012 (FMRA), which will permit safe operation of the DJI Phantom 2 Vision Plus an d DJI Phantom 3 Advanced UAS commercially,

without an airworth iness certificate, fo r the purpose of conduc ting aerial photography, videography, mapping, crop surveying/monitoring, appr aisals, inspections a nd other aerial data collection operations. The reason for requesting “other flight opera tions” is so that LDO can be nimble in terms of the breadth of services they offer their customer base. Utilizing a business strategy focused on horizontal integration will allow the Company to capitalize on future opportunities, without the long turnaround time associated with additional exemptions.

LDO is already aware of pent up demand for UAS services in the real estate market and construction markets. LDO, LLC has identified preservation societies and other agencies that could benefit from the operation re quested in this application. A quick internet search will show that many are currently operating similar UAS in exactly this fashion without, it is assumed, FAA authorization. The petitione r has refrained from engaging in commercial use of the UAS but is ready to obtain the capability to offer UA S-related services in a compliant manner.

By granting this Petition, the F AA Administrator will be fulfilli ng the Congressional mandate of the FAA Modernization and Reform Act of 2012, while also advancing the interests of the public, by allowing LDO, LLC to safely, efficien tly, and economically operate the UAS models, mentioned herein, commercially within the NAS.27 WHEREFORE , in accordance with the Federal Aviation Regulations and the FAA Modernization and Reform Act of 2012, Sectio n 333, LDO, LLC respectfully requests that the Administrator grant this Petition for an exempti on from the requirements of 14 C.F.R Sections 61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b), and permit Leading Edge to operate the DJI Phantom 2 Vision Plus and DJI Phantom 3 Advanced UAS commercially for aerial photography, vide ography, mapping, crop surveying/monitoring, appraisals, inspections an d other aerial data collection operations.

Dated: August 5, 2015

Respectfully submitted,

Pete Van Nort Director of Operations & Chief Pilot LDO, LLC

4181 Brunswick Court SE Smyrna, Georgia 30080

Appendix A :

 Link to DJI Phantom 3 Advanced Manual: Click on link  DJI Phantom 3 User Manual

 Link to DJI Phantom 2 Vision Plus : Click on link  DJI Phantom 2 User Manual v1.2