City of Eugene

1 U

. S

. Department of Tran s po rtation Markus J. Lay Doc ket Man a ge m ent Syste m Hazardous Material Response Coordinator 1200 New Jersey Avenue, SE 1705 W

. 2nd Ave Wa sh i ngton, D.C

. 20590 Eugene Or. 97402

BAS I S FOR PETITI O N Petitioner, City of Eugene, pursuant to the provisions of the Federal Aviation Regu l ations (14 C

. F.R. § 11.61) and the FAA Modernization and Refo rm Act of 2012 (FMRA), Section 333, Special Rules for Certain Unmann ed Aircraft Systems, hereby petitions the Administrator to commercially operate the DJI Phantom 3 Pro, and DJI S1000 in the National Airspace System (NAS), and for an exemption from the requirements of:

14 C .F

. R § § 61

. 113( a ) & (b) 14 CF R 45.23(b) 91.7(a), 91.121, 91

. 151 ( b), 91

. 405 ( a ), 91

. 407( a) (1 ), 91

. 409 ( a )( 1 ) & (a)(2), an d 91

Name an d Address of t h e P etiti o ne r The name and address of the Petit i oner and point of contact is: Markus John Lay Captain Eugene Springfield Fire Department Department of Strategic Services 1705 W 2nd Ave Eugene, Or. 97402 Markus.j.lay@ci.eugene.or.us

PR E FACE: The Federal Aviation Act expressly grants the FAA the authority to issue exemptions. This statutory authority by its terms includes exempting civil airc raft, as the term is defined under §40101 of the Act, that includes UAS, from the requirement that all civil aircraft must have a current airworthiness certificate.City of Eugene

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The Administrator may grant an exemption from a requirement of a regulation prescribed under subsection (a) or (b) of this section or an y sections 44702

- 44716 of this title if the Administrator finds the exemption in the public interest. 49 U.S.C. §44701(f) See also 49 USC §44711(a); 49 USC §44704; 14 CFR §91

. 203 (a) (1).

The City of Eugene pro poses to use one or mo re Unmanned Aerial Dro nes (DJI PH A NTOM 3 Pro, and DJI S1000 for the following uses:

 Evaluation of hazardous material spills

 Preplan and inspection of target hazards

 Assist with d a mage assess ments o r situational status re p o rts d u ri n g e m erge ncy response operations

 Assist in training

 Support to fire depart m e nts d u ring resp on s e o p erat i o ns.
 Assist other city departments with site evaluation The DJI Phantom 3 Pro has four rotors and four motors in a quadcopter configuration (X4). It is only capable of vertical takeoff and landings. This UAS weig h s less than 5 5 lbs. including payload, can fly, under normal conditions at a speed of no more tha n 30 knots an d has the capability to hover, and move in the vertical and horizontal plane simultaneously. This UAS is equipped with GPS and auto-return function to the predete r mined safe landing area as well as allowing reading of magnetic inte rference that can cause l oss off GPS signal. The UAS will operate only in line of sight and will operate only within the limits of public rights of way or ease m ents. Such operations will be conducted to insure that the UAS will “not create a hazard to users of the national airspa c e system or the public.” (Reform Act Section 333 (b)).
The DJI S1000 h as eight rotors and eight motors in a n octocopter configuration (X8 ). It is only capable of vertical takeoff and landings. This UAS weig h s less than 5 5 lbs. including payload, can fly, under normal conditions at a speed of no more tha n 30 knots an d has the capability to hover, and move in the vertical and horizontal plane simultaneously. This UAS is equipped with GPS and auto-return function to the predete r mined safe landing area as well as allowing reading of magnetic inte rference that can cause l oss off GPS signal. The UAS will operate only in line of sight and will operate only within the limits of public rights of way or ease m ents. Such operations will be conducted to insure that the UAS will “not create a hazard to users of the national airspa c e system or the public.” (Reform Act Section 333 (b)).
This exemption application is expressly submitte d to fulfill Co ngress’ goal in passing Section 333(a) through (c) of the Reform Act. This law directs the Secretary of Transportation to consi d er whether certain unmanned aircraft systems may operate safely in the national ai rspace syste m (NAS) before completion of the rule making required under Section 333 of the Reform Act. In making this determination, the Sec retary is required to determine which types of UASs do not create a hazard to users of the NAS o r the public or pose a threat to national security i n light of the following: • The UAS’s size, weight, speed and operational capability; • Operation of the UAS in close proximity to airp orts and po p ulated areas; andCity of Eugene

3 • Operation of the UAS within visual line of sight of the operator. Reform Act § 333 (a). Secretary determines that such vehicles “may ope rate safely in the national airspace system, the Secretary shall establish requirements for the safe operation of such airc raft in the national airspace system.” Id. §333(c). The Federal Aviation Act expressly grants the FAA the authority to issue exemptions. This stat utory authority by its terms includes exempting civil aircra ft, as the term is defined under §40101 of the Act, that includes UAS, from the requirement that all civil aircraft must have a current airworthiness certificate. The Administrator may grant an exemption from a requirement of a regulation prescribed under subsection (a) or (b) of this section or an y sections 44702

- 44716 of this title if the Administrator finds the exemption in the public interest. 49 U.S.C. §44701(f) See also 49 USC §44711(a); 49 USC §44704; 14 CFR §91

. 203 (a) (1).

RELIEF OVE RVI EW Given the small size of the UAS involved and the restricted environment within wh i ch they will operate, the applicant falls squarely within that zone of safety (an equivalent level of safety) in which Congress envisioned that the FAA must, by exemption, allow commercial ope rations of U ASs to commence immediately. Also du e to the size of the UASs and the restricted areas in which the relevant UAS will operate, approval of the application presents no nat ional security issue.
Given the clear direction in Section 333 of the Reform Act, the authority contained in the Federa l Aviation Act, as amended; the strong equivalent level of safety surrounding the proposed operations, and the significant public benefit, including enhanced safety, reduction in environmental impacts, including reduced emissio n s associated with allowing UASs for aerial inspecti o ns, surveyi n g, photography and videography, the grant of the requested exemptions is in the public interest. Accordingly, the applicant respectfully requests that the FAA grant the requested exemption. AIRCRAFT AND EQU I VALE NT L EVE L OF SAF ETY City of Eugene proposes that the exemption requested herein apply to civil airc raft that have the characteristics and that operate with the limitations listed h e rein. These limitations provide for at least an equivalent or even higher level of safety to operations under the current regulatory structure bec a use the proposed operat i ons represent a safety enhancement to the already safe aerial i n spections, surveying and photography and videography operations conducted with conventional aircraft. These limitations and conditions to which the City of Eugene a grees to be bound when conducting comme rcial operations under an FAA issued exemption incl u de: 1. The UAS wi l l weigh l ess th an 55 lbs. 2. Flig h ts will b e o p erated within l i ne of s i g ht of a Pilot

- I n Com m and (PIC) and a Safety Obs e rver (SO). 3. Maximum total flight ti m e for each op e rati o nal fli g ht will b e 30 m in u tes o r less. Flights will b e te rminated at 2 5% battery p owe r res e rve should that occu r p rior to t he 30 minu te li m it. 4. Flig h ts will b e o p erated at an a ltitu d e of no more th a n 400 feet AG L or, not more t han 200 feet above a n e levated platfo rm fo r which fil m ing is p lan n ed. 5. Minimum crew for ea c h o perat i o n wi l l co nsist of t h e UAS P i l ot and o n e Vi s ual O bse rve r.City of Eugene

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6. The UAS wi l l only o p e rate within t he defin ed p roj ect area, t h e b o u ndari es of wh ich wi l l b e dete rmined by t he UAS Pilot-In-Co mm and (PIC) b a s ed o n t h e site-s p ecific act ivities and s p eed of t h e U AS req ui red for t h e op e rat i o n, and coo rdi n ated with t h e j u ri s dictio n al FAA FSDO a nd local gove rn m e n t officials as a ppli cab l e
. 7. A b riefing wi l l be conducted in regards to t he plan n ed UAS op e rations prior to ea ch day’s o p e rat i o n. It will be mandato ry t h at a ll p e rso nn el who will b e perfor m ing d ut i es within t he bo u nda ries of t he p roject be p resent for t his briefing. 8. The UAS P i l ot and Safety O bs e rve r will b e a b l e to co m municate by vo ice an d/or two way rad i o co mmunication system at a ll times. 9. The operati o ns of the UAS will be l i m ited to d ay lig h t

-only o p e rat io ns. 10. If the UAS l os es communi cations o r loses its G PS signal, t he UAS will have t h e ca pability to ret urn to a p re
dete rmined l ocat i o n within t h e P roj ect Peri m eter a n d l a nd s afely. 11. The UAS wi l l have t he capability to a b o rt fli g ht in case of unp redi cted obstac l es o r em e rgen ci es. 14 C .F .R

. Pa rt 21, Subpart H : Airworthiness Certificates 14 C. F. R

. §91.203 (a ) ( 1 ) Subpart H, entitled Airworthiness Certificates, establishes the procedural requirements for the issuance of airworthiness certificates as required by FAR §91

. 203 (a) (1). Given the size and limited operating area assoc i ated with the aircraft to be utilized by the Applicant, an exemption from Part 21 Subpart H meets the requirements of an equivalent level of safety under Part 11 and Section 333 of t he Reform Act. The Federal Aviation Act (49 U.S.C.§44701 (f)) and Sect i on 333 of th e Reform Act both authorize the FAA to exempt aircraft from the requirement for an airworthiness certificate, upon consideration of the size, weight, speed, operational capability, a n d proximity to airports and populated areas of t he particular UAS. In all cases, an analysis of these criteria demonstrates that the UAS operated without an airworthiness certificate, in the restricted environment and under the conditions proposed will b e at least as safe, or safe r, than a co nventional aircraft (fixed wing or rotorcraft) operating with an airworthiness certificate without the restrict i ons and co n ditions pro p osed. In consideration of the speed, weig ht, size, and limited operating area associated with the unmanned aircraft and its operatio n , the City of Eugene’s operation of DJI 3 Pro and S1000, UAS meets the conditions of FMRA Section 333 and therefore, will not require an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H. Accordingly, the City of Eugene requests relief from Sections 91.405(a ) , 91.407(a)(1), 91.409( a )(1) & (a)(2), and 91.417 ( a) & (b), as these sections set forth requirements for maintenance that only apply to aircraft with an airworthiness certificate. The City of Eugene sub m its that the requested re l ief is proper since an equivalent level of safety will be ensured. The City of Eugene w i ll use experienced personnel or technicians as needed to perform mainte nance, alterations, or preventive maintenance on the UASs using the methods, techniques, and practices prescribed in the operating documents (i.e., Monthly Maintenance Log, and DJ I Phantom 3 Pro and S1000 Instruction Manual). Furthermore, the City of Eugene will document and maintain all maintenance records for t he DJI Phantom 3 Pro and S100 UAS. Relief from certain requirements of Section 61.113(a) and (b), entitled Private pilot privileges and limitations: Pilot in command, i s requested by the City of Eugene to the extent necessary to allow a Pilot in Command (PIC) meet or exceed the described requirements of operations set by ma n ufacturer, a nd who has demonstrated, that the PIC is able to safely o p erate the DJI Phantom 3 Pro and S1000 UAS in a manner consistent with this exemption, including evasive and emergency maneuvers and maintaining appropriate distances from people, vessels, vehicles and structures. The City of Eugene seeks relief from Section 91.7(a), entitled Civil aircraft airworthiness, because the DJICity of Eugene

5 Phantom 3 Pro and S1000 U AS do not require an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H. As such, City of Eugene submits that it will ensure that the DJI Phanto m 3 Pro and S1000 UAS is in an airworthy condition, prior to every flight, by determining that the UASs are in compliance with the operating documents (i.e., Monthly Maintenance Log, and DJI Phantom 3 Pro and S1000 Instruction Manual), and that the aircraft are in a condition for safe flight. The City of Eugene also seeks an exemption from the requirements of Section 91.121, entitled Altimeter Settings, as the DJI Phantom 3 Pro and S1000 will not have a typical barometric altimeter onboard. However, altitude information of the DJI Phantom 3 Pro and S1000 will be provided to the PIC via Glob a l Positioning System (GPS) equipment and radio communica t ions telemetry data link, which downlinks from th e UA to the GCS for active monitori n g of the flight path. This altitude informatio n , combined with City of Eugene’s operation of the DJI Ph a ntom 3 Pro and S1000 UAS wit h in visual line of sight, at or below 400 feet AGL, will ensure a level of safety equivalent to Sect i on 91.121. Additionally, The City of Eugene seeks an exemption from the requirements of Section 91.151(b), entitled Fuel requirements for flight in VFR conditions
. JWR s u bmits that safety will not be affected by operation of the DJI Phantom 3 Pro and S1000 during daylight hours in vis u al meteoro l ogical condit ions (VMC) under visual flight rules (VFR), with enough battery power to fly for a total duration of approximately 30 minutes to the first point of intended landing and, assuming normal cruising speed, to fly after that for at least 5 minutes.

EXTENT AN D R EASO NI N G WHY THE City of Eugene SEEKS RE LI EF F ROM THE LISTED SECTI O NS ABOVE: 1

. Sectio n 61.113(a ) & b )

. Relief from Section 61.113(a) and (b) entitled Private pilot privileges and limitations: Pilot in comman d, is requested to the extent necessary to allow a PIC meet all requirements as described i n the DJI P h antom 3 Pro and S1000 owner’s manual to conduct the proposed UAS flight operations for com p ensation or hire. This relief is requested since the limitations set forth in Section 61.113(a) and (b) state that a private pilot may, for compensation or hire, act as PIC of an aircraft in connection with any business or e mployment if: (1) The flight is only incidental to that business or employment; and (2 ) The aircraft does not carry passen gers or prop e rty for com p ensation or hire. As set forth more fully be low, City of Eugene s ubmits that an equivalent level of sa fety will be maintained because no PIC will be allowed to o p erate the DJI Phantom 3 Pro and S1000 UAS unless that PIC has demonstrated that the PIC is able to safely operate either the DJ I Phantom 3 Pro and S1000 UAS in a manner consistent with the operations specifications as described in this exemption, including evasive an d emerge n cy maneuvers, as well a s maintaining appropriate distances from people, vessels, vehicles and stru ctures. Further, The City of Eugene submits that all flights of the DJI Phantom 3 Pro and S1000 U AS, conducted by the PIC pursuant to the grant of this Petition: (1) will be incidental to City of Eugene’s bus i ness; and (2) will not carry passengers or property for compensation or hire
. 2

. 91.7(a). Relief from Section 91.7(a) entitled Civil aircraft airworthiness, is requested to the extentCity of Eugene

6 required to allow City of Eugene to determ ine that the DJI Phantom 3 Pro and S1000 UASs are in airworthy condition prior to every flight by ensuring that the UAS is in complian ce with the operating documents (i.e., the City of Eugene Operations Manual, Monthly Maintenance Log, and DJI Phantom 3 Pro and S1000 Instruction Manual s ). City of Eugene seeks the requested relief because the DJI Phantom 3 Pro and S1000 UAS does not require an airworthiness certificate in accordance with 14 C

. F.R. Part 21, Subpart H. Therefore, City of Eugene will ensure that the DJI Pha ntom 3 Pro and S1000 UAS are in airworthy condition based upon its compliance w it h the operating documents (i.e., Monthly Maintenance Log, and DJI Phantom 3 Pro and S1000 Instruction Manual s ) prior to every flight, and further, determine that the aircraft are in condition for safe flight, as stated in the conditions an d limitatio n s below. 3

. 91.121. Relief from Section 91.121, entitled Altimeter settings, may be required to allow fli g ht operations of the DJI Phantom 3 Pro and S1000 UAS, which utilize a barometric pressure sensor, GPS equipment, and a radio communica t ions telemetry data link to d ownlink altitude information from the UA to the PIC at the g round 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), seeks the requested relief because the DJI Phantom 3 Pro and S1000 UAS altimeter may be set on the ground to zero feet AGL, rather than the local barometric pressure o r field altitude, before each flight. Considering the limited altitude of t h e proposed operations, relief from 14 CFR 91.121 is sought to the extent necessary to comply wit h the applicable conditions and limitations stated below. As more fully set forth he rein, an equivalent level of safety will be maintained since the DJI P h antom 3 Pro and S1000 UA are equipped w ith a barometric pressure sensor and GPS equipment, which automatically ensures that a ground level pressure setting will be established prior to eac h flight, and provides the PIC with altitude information of the UA on the heads-up dis p lay of the GCS. 4

. 91

. 151 ( b)

. Relief from Section 91.151(b) entitled Fuel requirements for flight in VFR conditions, i s requested to the exte nt required to allow flights of the batte ry powered DJI Phantom 3 Pro and S1000 UAS during daylight hours in visual meteorological conditions (VMC ), under visual flight rules (VFR), for a total duration of 25 minutes to the first point of intended landing and, assum i ng normal cruising speed, to fly after that for at least 5 minutes. The City of Eugene seeks the requested relief because without an exemption from Section 91.151(b), the flight time duration of the battery powered DJI Phantom 3 Pro and S1000 UA will severely constrain the practicality of any aerial video or still photo flight operations that City of Eugene proposes to conduct pursuant to this Petition. Significantly, as set forth below, the technical specifications of the DJI Ph a ntom 3 Pro and S1000 UAS.DJI Phantom 3 Pro and S1000 operating documents, and City of Eugene’s proposed operating limitations, ensure that the City of Eugene will safely operate the batte ry powered DJI Phantom 3 Pro and S1000 UAS during daylight hours in visual meteorological co n ditions (VMC), under visual flight rules (VFR), with enough battery power to fly for a total duration of 25 minutes to the first point of intended landing and, ass u ming normal cruising sp e ed, to fly after that for at least 5 minutes. 14 CF R 45.23(b)City of Eugene

7 Marking of the Aircraft; Applicable codes of Fe d eral Regulation require aircraft to be marked according to certain specifications. UAV Field Services UASs are, by definition, unmanned. They therefore do not h ave a cabin, cockpit or pilot station on which to m a rk certain words or phrases. Further, two inch lettering is difficult to place on such small aircraft. Regardless, UAV Field Se rvices will mark its UAS i n the largest possible lettering by placing the "N "number on its fuselage as required by 14 CFR 45.29 (f) so that the pilot, technician, spotter and others working wit h the UAV will see the markings. The FAA has previously i ssued exemptions to this regulation through

- Exempt io n N o 10167 and 10700 5

. 91

. 405 ( a ), 91

. 407( a ) ( 1), 91

. 409( a) (1 ) & (a)(2), An d 91.417(a ) & ( b). Since Secti o ns 91.405(a ) , 91.407(a)(1), 91.409( a )(1) & (a)(2), and 91.417 ( a) & (b) only apply to ai rcraft with an airworthiness certificate, the City of Eugene requ ests relief from these Sections because the DJI P h antom 3 Pro and S1000 UAS do not require airworthiness certificates. As set forth more fully below, the DJI Phantom 3 Pro and S1000 UAS meet the conditions of FMRA Section 333 for operation without an airworthiness certificate. Accordingly City of Eugene will use trained technicians to p e rform maintenance, alterations, or preventive maintenance on the UASs using the methods, techniques, and practices prescribed in the UAS operating documents (i.e., the City of Eugene Aerial Operations Manual, Monthly Maintenance Log, and DJI Phantom 3 Pro and S1000 Instruction Manual s ). Furthermore, the City of Eugene will document and maintain all maintenance records for the DJI Phantom 3 Pro and S1000 UAS.

This exemption application is expressly submitte d to fulfill Co ngress’ goal in passing Section 333(a) through (c) of the Reform Act. This law directs the Secretary of Transportation to consi d er whether certain unmanned aircraft systems may operate safely in the national ai rspace syste m (NAS) before completion of the rule making required under Section 332 of the Reform Act. In making this determination, the Sec retary is required to determine which types of UAS do not create a hazard to users of the NAS o r the public or pose a threat to national security i n light of the following: • The UAS’s size, weight, speed and operational capability; • Operation of the UAS in close proximity to airp orts and po p ulated areas; and • Operation of the UAS within visual line of sight of the operator. Given the small size of the UAS involved and the restricted sterile environment within which they will operate, the applicant falls squarely within that zone of safety (an equivalent level of safety) in which Congress envisioned that the FAA must, by exemption, allow commercial ope rations of U ASs to commence immediately. Also du e to the size of the UASs and the restricted areas in which the relevant UAS will operate, approval of th e application presents no national security iss u e. Given the clear direction in Section 333 of the Reform Act, the authority contained in the Federal Aviation Act, as amended; the strong equivalent level of safety surrounding the proposed ope rations, and t he significant public benefit, inc l uding enhanced safety, reduction in environmental impacts, including reduced emiss i ons associa ted with allowing UASs for movie and television operations, the grant of the requestedCity of Eugene

8 exe m ptions is in t he public interest. Accordingly, the applicant respectfu l ly requests that the FAA grant the requested exemption without delay.

REASO N S BENE FI C I AL TO THE P UB LI C/CO MMU N ITY 1

. Th e Publi c Wil l Benefit fro m Decreased Congesti o n of t h e N AS. The DJI Ph a ntom 3 Pro and S1000 UA are battery powered and serve as a safe, efficient, and economical alternative to the manned aircraft traditionally utili z ed to obtain aerial ima gery. By reducing the amount of ma n ned aircraft needed to perform aerial acquisiti o ns, an exemption allowing the use of a DJI Phantom 2 Vision+ UAS would reduce the amount of manned aircraft in the NAS, reduce nois e and air pollution, as well as inc rease 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 a rriving and departing aircraft will be reduced. The DJI Phantom 3 Pro and S1000 UAS do not require an airport to takeoff or land. Likewise, a reduction of manned aircraft conducting aerial video and p hotography missio n s 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

. Th e p ubli c wil l benefit fro m t h e safety a n d efficiency of th e DJI P h anto m 3 Pro and S1000 UAS. Conducting aerial acquisitions with the DJI Phantom 3 Pro and S1000 UAS, instead of manned aircraft, will greatly benefit the public by drastically red ucing the levels of air a n d noise poll u tion generated during traditional ae rial video and still photography flight operations. By using battery power and electric motors, th e DJI Phanto m 3 Pro and S1000 UAS produce no air pollution, and is the most viable environmentally conscious alternative to the cabin class, six cylinder internal combustion engine aircraft that are typically utilized for aerial vi d eo and photography, while burning approximately 20

-30 gall o n s per hou r of leaded aviation fuel. The DJI Ph a ntom 3 Pro and S1000 UAS, while reducing t h e carbon footprint of aerial acquisitions, also e liminates noise pollutio n , as the UASs are propelled by battery powered electric motors, rat h er than an internal combustion engine. By using the DJI Phantom 3 Pro and S1000 UAS to perfo rm aerial observation, the substantial risk to life and property in the air and o n the ground, which is u sually a ssoc i ated with traditional manned aircraft flight operations, will be substantially reduced or completely eliminated. Aside from the lack of flight crew members loca ted onboard the aircraft, the DJI Pha ntom 3 Pro and S1000 UAS has less physical poten t ial for collateral damage to life and property on the ground, and in the air, compared to the manned aircraft that typically conduct similar opera t ions (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

. Pe rformin g Aeria l Video an d P h otograp hy, S u rveys an d I n s pections, Ope rat i o n s wit h t h e DJI Ph a nto m 3 Pro and S1000 UAS Wil l Benefit th e Eco n o my. In addition to being safe and efficient, the DJI Ph a ntom 3 Pro and S1000 UAS are also provid es an econo m ical alternative to using manned aircraft to conduct similar aerial operations. As such, op e ration of the DJI Phantom 3 Pro and S1000 UAS will allow the City of Eugene, to provide quality services to the residents and businesses of the City and the Region at minimum costs. Specifically, with the rising cost of aviation fuel and the Environmental Protection Agency (“EPA”) regulatory actions phasing out leaded aviation fuels, agencies must adopt new and alternative tec hnology in continue to provide requiredCity of Eugene

9 services at reaso n able costs. O perating the battery powered DJI Phantom 3 Pro and S1000 UAS is one such technology that not only allows agencies & com p anies, greater operational flexibility compared to manned aircraft, but provides su c h flexibility without the high operational cost of a traditional manned aircraft.By operating the DJI Ph a ntom 3 Pro and S1000 UAS, the City of Eugene can maintain a n d hopefully i m prove our ability to mitigate hazardous chemical spills, large scale fire emergencies with greatly reduced risk to the public and first responders. 4

. Th e re Are N o P rivacy I ss u es. Similar to the manned aerial acquisit ion flight operations that have been conducted for decades, the City of Eugene proposed o p eration of the DJI Phanto m 3 Pro and S1000 UAS will not implicate a n y privacy issues. Specifically, the DJI 3 Pro and S1000 U AS will be operated only in compliance with operating documents (i.e., the City of Eugene Aerial Operations Manual, Monthly Maintenance Log, and DJI Phantom 3 Pro and S1000 Instruction Manual) which requires property owner involvement as well as local law enforcement notification, and in accordance with the Federal Aviation Regulations, including the maximum altitude limitations as per the requirements of 14 C.F.R. § 91.119.

THE REASON S WHY GRANTI N G THE EX EM PTION WO U LD NOT ADVE RS E LY AFFECT SAF ETY, OR H OW THE EX EMPTI O N WO U LD PROV I D E A LEVE L OF SAFETY AT LEAST EQU AL TO THAT PROVID E D BY THE R U LE FROM W HICH City of Eugene SEEKS EX E M PTI O N

. 1

. Reason s Why t h e DJ I Phanto m 3 Pro and S1000 U AS M eet t h e Co n dition s Of Th e FAA M od e rnizatio n a n d Reform Act of 201 2 (F MRA) Sectio n 333. In consideration of the s i ze, weight, s peed, and limited operating area associated with the unmanned aircraft and its operatio n , City of Eugene’s operation of the DJI Phantom 3 Pro and S1000 UAS meet t h e conditions of FMRA Section 333, and will not require an airworthiness certificate in accordance with 14 C.F

. R. Part 21, S ubpart H. In seeking this exemption, the City of Eugene submits that the DJI Phantom 3 Pro and S1000 UAS can operate safely in the NAS pu rsuant to FMRA Section 333, as demonstrated by: (a) the characteristics of the DJI Pha ntom 3 Pro and S1000 UAS; ( b ) the pilot certification requirement; and (c) the specific operating limitations.
a
. Th e Spec ification s of t h e DJ I P h anto m 3 Pro and S1000 UAS De mo n strate Its Safe Cha ra cte rist ics. The DJI Ph a ntom 3 Pro and S1000 UAS do not create a hazard to users of the NAS or the public, or otherwise pose a threat to national sec u rity conside ring its size, weight, speed, and operational capa b ility. i

. Technica l S pecification s of t h e DJ I Ph a nto m 3 Pro and S1000 UAS

. The techni cal specifications of the DJ I Phantom 3 Pro and S1000 U AS are set forth by the DJI Phantom 3 Pro and S1000 Specifications and Data Sheet attac h ed. ii

. Th e DJI P h anto m 3 Pro and S1000 UAS Autono m ou s Flight a n d N avigati o n M od es Enabl e Th e UAS To Re m ain Wit h i n A Defined Operat iona l Area
. The DJI Ph a ntom 3 Pro and S1000 UAS may be operated in both ma n ual and fully autonomous flightCity of Eugene

10 modes. A complete description of t he flight and navigational modes of th e DJI Phanto m 3 Pro and S1000 UAS are included in the User Manuals. iii

. Th e DJI Ph a nto m 3 Pro and S1000 UASs Are Designed Fo r Automati c Return To Hom e Po i nt O r H ove r I n The Event of Loss of t h e Contro l Li n k O r Navigation. When the Control Link is lost, the DJI Phantom 3 Pro and S1000 UA will remain stationary, in flight, for 3 seconds or more. If, after 3 seconds, the DJI Phantom 3 Pro and S1000 UA does not reacquire control link data from the GCS, the UAs will assume that the Co ntrol Link is lost and the UAs will return to the home position (i.e., failsafe mo d e) via GPS, and will descend to the takeoff position and shutdown. A complete description of the Failsafe Functions of the DJI Phantom 3 Pro and DJI S1000 are set forth in the User Manual, attached. iv

. Th e DJI Ph a nto m 3 Pro and S1000 GCS An d Its Operat ion. A complete description of the operation and specifications of the DJI Ph a ntom 3 Pro and S1000 GCS and flight control software is provided in the DJI Phantom 3 Pro and S1000 Use r Manual. b

. Flights of DJ I P h a nto m 3 Pro and S1000 UAS Wil l Be Conducted P u rsua nt To S pecifi c Operatin g Li m itati o n s. In seeking this exemption, City of Eugene proposes to co mmercially operate DJI Phantom 3 Pro and S1000 for the special purpose of conducting aerial video and photography over certain areas of United States, pursuant to the following specific o p erating limitations: 1. Operations authorized by this grant of exempt i on will be limited to the following aircraft described in the operating documents, rotorcraft UASs weighing less than 55 pounds maxi mum gross weight: DJI Phantom 3 Pro and S1000 Unmanned Aircraft Systems. Proposed operations of an y other aircraft will require a new petition or a petition to amend this grant. 2. UAS operations under this exemption will be limited to conducting operations for the purpose of aerial video and photography. 3. The UA may not be flown at an indicated airspeed exceed i ng 20 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 specified in the operating documents unless a special request is ma d e 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 unaid e d by any device other than corrective lenses, as specified on the PIC’s FAA-issued airman medi cal certificate. 6. The use of first person view camera to satisfy t he visual li n e of site by t he PIC or safety observer (SO) is not permitted. 7. All operat i ons must utilize a safety observer (SO). The SO may be used to satisfy th e VLOS req u irement as long as the PIC always maintains VLOS capability. The SO and PIC must be able to communicate verbally at all times. Electronic messaging or texting is not permitted during flight operations. The PIC must be designated before the fl ight and cannot transfer his or her d esignation for the duration of the flight. The PIC must ensure that the SO can perform the functions prescribed in the operating documents.City of Eugene

11 8. The SO must not perform any ot h er duties beyond ass i st i ng the PIC wit h seeing and avoiding other air traffic and other ground based obsta cles/obstru ctions 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 discre pancy exists between t h e conditions and limitations contained in the grant of exemption and the procedures outlined in the operating documents, the conditions and limitations contained in the grant of exemption take precedence and must be followed. Otherwise, the operator must follow the proced u res as outli n ed in its op e rating documents. The operator may update or revise its operating documents. It is the operator’s respo n sibility 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. I f the operator determines that any update or revision would affect the basis upon w hich the FAA granted the exempt i on, then the operator mu st petition for amendment to its grant of exemption. The FAA’s UAS Integration Office (AFS-80) may be co ntacted if questions arise regarding updates or revisions to the operating documents. 10. Prior to each flight the PIC must inspect the UAS to ensure that it is i n a condition for safe flight. If the inspection reveals a co n dition that affects the safe operation of the UAS, the aircraft is prohibited from operating until the necessary maintenance has bee n performed and the UAS is found to be in a condition for safe flight. The Ground Control Station must b e included in the preflight inspection. All maintenance and alterations must be properly documented in the aircraft records. 11. Any UAS that has undergone maintenance or alterations that affect the UAS operation or flight characteristics, e.g. replacement of a flight critical component, must undergo a functional test flight. The PIC who conducts the fu nctional test flight must make an entry in the airc raft records. 12. The pre-flight inspection must account for all potential discrepancies, e.g. inoperable compo n ents, items, or equipment, not already covered in the relevant sections of the operating documents. 13. The operator must follow the UAS manufacturer’s aircraft/component, maintenance, overhaul, replacement, inspection, and life limit requirements. 14. The operator must carry out its maintenance, inspections, and record keeping requ i rements, in accordance with the operating documents. Maintenance, inspection, alterations, and status of replacement/overhaul component parts must be noted in the aircraft records, including total time in service, description of work accomplished, and the signature of the authorized person returning the UAS to service. 15. Each U ASs operated under this exemption must comply with all ma n ufacturer Safety Bulletins. 16. The authorized person must ma ke an entry in the aircraft record of the corrective action taken against discrepancies discovered between inspections. 17. The PIC must meet or exceed all requirements as set forth by manufacturer in order to justifiably operate the DJI Phantom 3 Pro and S1000, or hold an equivalent pilot license approved by the FAA. 18. The operator may not permit any PIC to operate unless the PIC meets the operator’s qualification criteria and demonstrates the ability to safely o p erate the U AS in a manner consistent with how the UASCity of Eugene

12 will be operated under the exemption, including evasive and emergency maneuvers and maintaining appropriate distances from persons, vessels, ve h icles and st ructures. PIC qualification flight hours must be logged in a manner consistent with 14 C.F.R. § 61.51(b). Fli g hts for the purposes of t raining the operator’s PICs are permitted under the terms of the exe m ption. However, training operations may only be conducted during dedicated training sessions. During training, proficiency, and experience-building flights, all persons not essential for flight operations are considered nonparticipants, and the PIC must operate the U A with appropriate distance from nonparticipants in accordance with 14 C.F.R. § 91.119. 19. UAS operations may not be conducted during night, as defined in 14 C. F.R. § 1.1. A ll operations must be conducted under visual meteorological conditions (VMC). If flight at night is required, a special request will be made at the FAA office closest to proposed a rea of operations. Flights under special visual fli g ht rules (SVFR) are not authorized. 20. The UA may not op e rate within 5 nautical mi l es of an airp ort referen ce point as denoted on a current FAA-published aeronautical chart unless a letter of agreement with that airport’s m a nagement 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 ai rp o rt man a gement must be made available to t he Administrator upon request. 21. The UA may not be operated less than 500 feet below or less than 2, 000 feet ho rizontally fro m a cloud or when visibility is less t han 3 statute miles from the PIC. 22. If the UA loses communications o r loses its G PS signal, it mu st return to a pre
- determined location within the p l anned operating area and land or be recovered in accordance with the operating documents. 23. The PIC must abort the flight in the event of unpredicted obstacles or emergencies in accordance with the operating documents. 24. The PIC is prohibited from beginning a flight unless (considering wind and forecast weather conditions) there is enough power to fly at normal cruising speed to the intended landing point and land the UA with 25% battery power remaining. 25. The operator must obtain an Air Traffic Orga nization (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 advan ce, but not less than 48 hours prior to the operation. All ope rations shall be conducted in accordance with airspace requirements in the ATO issued COA including class of airspace, altitude level and potential transponder requirements. 26. All aircraft operated in accordance with the exempt ion must be identified by serial number, registered in accordance with 14 C

. F.R. part 47, and have identification (N - Number) markings in accordance with 14 C.F.R. part 45, Subpart C. Markings must be as large as practicable. 27. Before conducting operations, the radio frequency spectrum used for operation and control of the UA must comply with the Federal Communications Commission (FCC) or other appropriate government oversight agency requirements. 28. The UA must remain clear and yi eld the right of way to all manned aviation operations and activities at all times.City of Eugene

13 29. The UAS may not be operated by the PIC from any moving device or vehicle. 30. All operations shall b e conducted over publicly owned or controlled property. Any operation over privately owned property would require permission from the land owner/controller o r authorized representat ive. Permission from la n d owner/controller or authorized representative will be obta i ned for each flight to be conducted. 31. 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 Integrati o n Office (AFS-80) within 24 hours. Accidents must be reported to the National Transportation Safety Board (NTSB) per instructions contai n ed on the NTS B Web site: www. ntsb.gov

THE City of Eugene AFFIRMS ALL INFORMATION LISTED ABOVE TO BE TRUE AND BINDING UPON FAA’S FINDINGS O F EXEMPTI O N REGARDING COMMERCIAL OPPERATIONS OF LI STED UAS, UNTIL FURTHER NOTICE OF LAWS OR REGULATIONS DECIDED BY THE GOVERNEMENT/FAA. THANKYOU F OR YOUR CONSIDERAT I ON.

Markus J. Lay Captain Department of Strategic Services City of Eugene