UNITED STATES OF AMERICA DEPARTMENT OF TRANSPORTATION FEDERAL

AVIATION ADMINISTRATION WASHINGTON, DC Regulatory

Docket No. **IN THE MATTER OF THE PETITION FOR EXEMPTIONOF: Jeffrey L. Taliaferro Photography**  **FOR AN EXEMPTION SEEKING RELIEF FROMTHE 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 O**  **F DJI PHANTOM 2 VISION+, DJI PHANTOM 3 PROFESSIONAL AND DJI INSPIRE 1**  **UNMANNED AIRCRAFT SYSTEMS PURSUANT TO SECTION 333 OF**  **THE FAAMODERNIZATION AND REFORMACT OF 2012 (PUBLIC LAW 112**

**- 95)**  Submitted on June 22 th , 2015 Jeffrey L. Taliaferro Jeffrey L. Tali aferro Photography 15906 Cotton Gin Ave Wayne, OK 73095 Tel: (405) 628

- 9535**TABLE OFCONTENTS**

Page GLOSSARY OF ABBREVIATIONS. .................................................................................3 SUMMARY. ..................................... ....................................................................................4 INTRODUCTION AND INTERESTS OF PETITIONER....................................................4 BACKGROUND................................................................ ....................................................4 BASIS FOR PETITION........................................................................................................ 5 NAME AND ADDRESS OF PETITIONER............................................. ............... 7 THE SPECIFIC SECTIONS OF 14 C.F.R. FROM WHICH JEFFREY L. TALIAFERRO PHOTOGRAPHY SEEKS EXEMPTION................................................................ 8 THE EXTENT OF RELIEF JEFFREY L. TALIAFERRO PHOTOGRAPHY SEEKS AND THE REASON JEFFREY L. TALIAFERRO PHOTOGRAPHY SEEKS THE RELIEF.............. .................................................................................................. 11 THE REASONS WHY GRANTING JEFFREY L. TALIAFERRO PHOTOGRAPHY REQUEST WOULD BE IN THE PUBLIC IN TEREST ..................................... 15 THE REASONS WHY GRANTING THE EXEMPTION WOULD NOT ADVERSELY AFFECT SAFETY......................................................................... 19 SUMMARY THAT CAN BE PUBLISHED IN THE FEDERALREGISTER. .... 34 ANY ADDITIONAL INFORMATION, VIEWS, OR ARGUMENTS AVAILABLE TO SUPPORT JEFFREY L. TALIAFERRO PHOTOGRAPHY REQUEST...

............................................................................................................................. ....34 CONCLUSIO N................................................................................................................... 35 APPENDICES........................................................................................37

2**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 Positi oning 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) Section 333 SO Safety Observer SOP Standard Operating Procedures UA Unmanned Aircraft UAS Unmanned Aircraft System VF R Visual Flight Rules VL OS Visual Line of Site VMC Visual Meteorological Conditions VTOL Vertical Takeoff and Landing

3**SUMMARY**

Jeffrey L. Taliaferro Photography 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 an Unmanned Aircraft System pursuant to Section 333 of the FAA M odernization and Reform Act of 2012 (FMRA). This exemption will permit Jeffrey L. Taliaferro to operate an Unmanned Aircraft System (UAS) for the commercial purpose of conducting aerial video and photography

of construction sites, real estate, and landscap e over certain areas of the United States. **INTRODUCTION AND INTERESTS OF THE PETITIONER** Jeffrey L. Taliaferro provides its clients with expertise and knowledge in the fields of photography and videography. Jeffrey L. Taliaferro As well as to provide search and rescue services as required with local emergency management and to increase the public’s knowledge of UAS and promote safe UAS operations. 

### Unmanned Aircraft Systems: DJI Phantom 2 Vision+, DJI Phantom 3 **Professional DJI Inspire 1 UASs** Jeffrey L. T aliaferro seeks an exemption to operate DJI systems for compensation or hire within the NAS. The DJI Phantom 2 Vision+, DJI Phantom 3 Professional and DJI Inspire 1 are vertical takeoff and landing (VTOL) Unmanned Aircraft (UA) with a Ground Control Statio n (GCS) utilizing electronic tablet or smart phone

4systems. The DJI Phantom 2 Vision+ has a maximum gross weight of approximately 2 pounds 11

ounces, while having a length of 16 inches width of 16 inches, height of 8 inches, and a maximum speed of app roximately

29 knots. The DJI Phantom 3 Professional has a maximum gross weight of 2 pounds 11 ounces, while having a length of 16 inches width and of 16 inches, height of 8 inches and a maximum speed of approximately 31 knots. The DJI Inspire 1 has a maxim um gross weight of 6 pounds 7.5 ounces, a length of 17.3 inches, width of 17.7 inches, height of 11.8 inches, and a maximum speed of approximately 42 knots. The DJI Phantom 2 Vision+, DJI Phantom 3 Professional and DJI Inspire 1UAs are equipped with four m ain rotors; driven by Lithium Polymer battery powered electric motors. The DJI Phantom 2 Vision+ , DJI Phantom 3 Professional and DJI Inspire 1 UAs that will be operated by Jeffrey L. Taliaferro will be registered in accordance with 49 U.S.C. 44103, Registration of Aircraft , as well as 14 C.F.R Part 47, Aircraft Registration , and marked in accordance with 14 C.F.R. Part 45, Identification and Registration Marking

. **BASIS FOR PETITION** Petitioner, Jeffrey L. Taliaferro, pursuant to the provisions of th e Federal Aviation Regulations (14 C.F.R. § 11.61) and the FAA Modernization and Reform Act of 2012 (FMRA), Section 333, Special Rules for Certain Unmanned Aircraft Systems

, hereby petitions the Administrator to commercially operate the DJI Phantom 2 Visio n+, DJI Phantom 3 Professional and DJI Inspire 1 UASs in the National Airspace System (NAS), and for an exemption from the requirements of 14 C.F.R §§ 61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b). In consideration of the speed, weight, size, and limited operating area associated with the unmanned aircraft and its operation, Jeffrey L. Taliaferro Photography operation of DJI

5Phantom 2 Vision+, DJI Phantom 3 Professional and DJI Inspire 1 UASs meets the conditions of

FMRA Section333 and therefore, will not require an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H. Accordingly , Jeffrey

L . Taliaferro Photography 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. Jeffrey L. Taliaferro Photography submits that the requested relief is proper since an equivalent level of safety will be ensured. Jeffrey L. Taliaferro Photography will use experienced personnel or technicians to perform maintenance, alterations, or preventive maintenance on the UASs using the methods, techniques, and practices prescribed in the operating documents (i.e., the Jeffrey L. Taliaferro Photography Aerial Operations Manual, Monthly Maintenance Log, and DJI Phantom 2 Vision+, DJI Phantom 3 Professional and DJI Inspire 1 Instruction Manual). Furthermore, Jeffrey L

. Taliaferro Photo graphy will document and maintain all maintenance records for the DJI Phantom 2 Vision+, DJI Phantom 3 Professional and DJI Inspire 1 UASs. Relief from certain requirements of Section 61.113(a) and (b), entitled Private pilot privileges and limitations: P ilot in command, is requested by Jeffrey L. Taliaferro Photography to the extent
necessary to allow a Pilot in Command (PIC) holding a private pilot or higher level certificate, as well as an airman medical certificate, and who has demonstrated, by meeting minimum flight

- hour and currency

requirements, that the PIC is able to safely operate the DJI Phantom 2 Vision+, DJI Phantom 3 Professional and DJI Inspire 1 UASs in a manner consistent with this exemption, including evasive and emergency maneuvers and maintaining appropriate distances from people, vessels, vehicles and structures. Jeffrey L. Taliaferro Photography seeks relief from Section 91.7(a), entitled Civil aircraft

6airworthiness , because the DJI Phantom 2 Vision+, DJI Phantom 3 Professional and DJI Inspire 1

UASs do not require an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H. As such, Jeffrey L. Taliaferro Photography submits that it will ensure that the DJI Phantom 2 Vision+, DJI Phantom 3 Professional and DJI In spire 1UASs are in an airworthy condition, prior to every flight, by determining that the UASs are in compliance with the operating documents (i.e., the Jeffrey L. Taliaferro Photography Aerial Operations Manual, Monthly Maintenance Log, and DJI Phantom 2 Vision+, DJI Phantom 3 Professional and DJI Inspire 1 Instruction Manual), and that the aircraft are in a condition for safe flight. Jeffrey L. Taliaferro Photography also seeks an exemp tion from the requirements of Section 91.121, entitled Altimeter Settings , as the DJI Phantom 2 Vision+, DJI Phantom 3 Professional and DJI Inspire 1UAs will not have a typical barometric altimeter onboard. However, altitude information of the DJI Phantom 2 Vision+, DJI Phantom 3 Professional and DJI Inspire 1UAs will be provided to the PIC via Global Positioning System (GPS) equipment and radio communications telemetry data link, which downlinks from the UA to the GCS for active monitoring of the flight path. This altitude information, combined Jeffrey L. Taliaferro Photography operation of the DJI Phantom 2 Vision+, DJI Phantom 3 Professional and DJI Inspire 1 UASs within visual line of sight, at or below 150 feet AGL, will ensure a level of safety equival ent to Section91.121. Additionally

, Jeffrey

L. Taliaferro Photography seeks an exemption from the requirements of Section 91.151(b), entitled Fuel requirements for flight in VFR conditions

. Jeffrey L. Taliaferro Photography submits that safety

will not be affected by operation of the DJI Phantom2 Vision+, DJI Phantom 3 Professional and DJI Inspire 1 UAs during daylight hours in visual meteorological conditions (VMC) under visual flight rules (VFR), with enough battery power to fly for a total

7duration of approximately 13.5 minutes to the first point of intended landing and, assuming normal

cruising speed, to fly after that for at least 4.5 minutes. In accordance with 14 C.F.R. § 11.81, Jeffrey L. Taliaferro Photography provides the following informatio n in support of its petition for exemption: **A. Name And Address Of The Petitioner.**  The name and address of the Petitioner and point of contact is: Jeffrey L. Taliaferro Jeffrey L. Taliaferro Photography 15906 Cotton Gin Ave

. Wayne , OK 73095 Tel: (405) 6 28

- 9535 Email: jtaliaferro1@gmail.com **B. The Specific Sections Of 14 C.F.R. From Which Jeffrey L. Taliaferro**  **Photography Seeks Exemption.**  **1. Jeffrey L. Taliaferro**  **Photography Seeks Exemption From The Requirements Of Section 61.113(a) And (b).** 

Section 61.113, entitled Private pilot privileges and limitations: Pilot in command, subsections (a) and (b) prescribe the following, in relevant part: (a) No person who holds a private pilot certificate may act as a pilot in command (PIC) of an aircraft that is carrying passengers or property for compensation or hire; nor may that person, for compensation or hire, act as PIC of an 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. Jeffrey L. Taliaferro**  **Photography Seeks Exemption From The Requirements Of Section 91.7(a).**  Section 91.7, entitled Civil aircraft airworthiness , subsection (a), states the following:

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

**3. Jeffrey L. Taliaferro**  **Photography Seeks Exemption From The Requ irements Of Section**  **91.121.** Section 91.121, entitled Altimeter settings, subsection (a), states the following, in part: (a) Each person operating an aircraft shall maintain the cruising altitude or flight level of that aircraft, as the case may

be, by reference to an altimeter that is set, when operating

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

--
(i) The current reported altimet er setting of a station along the route and within 100 nautical miles of the aircraft;

(ii) If there is no station within the area prescribed in paragraph (a)(1)(i) of this section, the current reported altimeter setting of an appropriate available stati on; or

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

**4. Jeffrey L. Taliaferro**  **Photography Seeks Exemption From The Requirements Of Sect ion**  **91.151(b).** Section 91.151, entitled Fuel requirements for flight in VFR conditions , subsection (b), states the following: (b) No person may begin a flight in a rotorcraft under VFR conditions unless (considering wind and forecast weather conditions) there is enough fuel to fly to the first point of intended landing and, assuming normal cruising speed, to fly after that for at least 20 minutes. **5. Jeffrey L. Taliaferro**  **Photography 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 prescribed in subpart E of this part and shall between required inspections, except as provided in paragraph (c) of this section, have discrepancies repaired as prescribed in part 43 of this chapter[.]

9**6. Jeffrey L. Taliaferro**  **Photography Seeks Exemption From The Requirements Of Section**

**91.407(a)(1)** Section 91.407, entitled Operation after mainten ance, preventive maintenance, rebuilding, or alteration , subsection (a)(1), states the following: (a) No person may operate any aircraft that has undergone maintenance, preventive maintenance, rebuilding, or alteration unless

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

43.7 of this chapter[.] **7. Jeffrey L. Taliaferro**  **Photography Seeks Exemption From The Requirements Of Sections 91.409(a)(1) And 91.409(a)(2).**  Section 91.409, entitled Inspections , subsection (a), states the following: (a) Except as provided in paragraph (c) of this section, no person may operate an aircraft unless, within the preceding 12 calendar months, it has had

--
(1) An annual inspection in accordance with part 43 of this chapter and has been approved for return to service by

a person authorized by

§ 43.7 of this chapter; or

(2) An inspection for the issuance of an airworthiness certificate in accordance with part 21 of this chapter.

**8. Jeffrey L. Taliaferro**  **Photograph y Seeks Exemption From The Requirements Of Sections**  **91.417(a) And 91.417(b).** Section 91.417, entitled Maintenance records , subsections (a) and (b), state the following: (a) Except for work performed in accordance with §§ 91.411 and 91.413, each registere d owner or operator shall keep the following records for the periods specified in paragraph (b) of this section:

(1) Records of the maintenance, preventive maintenance, and alteration and records of the 100

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

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

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

(iii) The signature, and certificate number of the person approving the aircraft for return to service.

(2) Records containing the following information:

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

(ii) The current status of life

- limited parts of each airframe, engine, propeller, rotor, and appliance.

(iii) The time since last overhaul of all items installed on the aircraft which are required to be overhauled on a specified time basis.

(iv) The current inspection status of the aircraft, including the time since the last inspection required by the insp ection program under which the aircraft and its appliances are maintained.

(v) The current status of applicable airworthiness directives (AD) and safety directives including, for each, the method of compliance, the AD or safety directive number and revis ion date. If the AD or safety directive involves recurring action, the time and date when the next action is required.

(vi) Copies of the forms prescribed by § 43.9(d) of this chapter for each major alteration to the airframe and currently installed engines, rotors, propellers, and appliances.

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

(1) The records specified in paragraph (a)(1) of this section shall be retained until the work is repeated or superseded b y other work or for 1 year after the work is performed.

(2) The records specified in paragraph (a)(2) of this section shall beretained and transferred with the aircraft at the time the aircraft is sold.

(3) A list of defects furnished to a registered o wner 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.

11**C. The Extent Of Relief Jeffrey L. Taliaferro**  **Photography Seeks And The Reason Jeffrey L.** 

**Taliaferro Photography Seeks The Relief.**  **1. Extent Of Relief Jeffrey L. Taliaferro**  **Photography Seeks And The Reason Jeffrey L.**  **Taliaferro Photography Seeks Relief From Section 61.113(a) And (b).** 

Relief from Section 61.113(a) and (b) entitled Private pilot privileg es 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 requi rements, to conduct the proposed UAS flight operations for compensation or hire. This relief is requested since the limitations set forth in Section 61.113(a) and(b) state that a private pilot may , for compensation or hire, act as PIC of an aircraft in co nnection with any business or employ ment if: (1) The flight is only incidental to that business or employment; and (2) The aircraft does not carry

passengers or property

for compensation or hire. As set forth more fully below, Jeffrey L. Taliaferro Photography submits that an equivalent level of safety will be maintained because no PIC will be allowed to operate the DJI Phantom 2 Vision+ UAS, DJI Phantom 3 Professional UAS or DJI Inspire 1 UAS unless that PIC has met certain flight

hour and currency requirements, demonstrating that the PIC is able to safely operate either the DJI Phantom 2 Vision+, DJI Phantom 3 Professional or DJI Inspire 1 UAS in a manner consistent with the operations specifications as described in this exemption, including evasive and emergency maneuvers, as well as maintaining appropriate distances from people, vessels, vehicles and
structures. Further, Jeffrey

L. Taliaferro Photography submits that all flights of the DJI Phantom 2 Vision+, DJI Phantom 3 Professional and DJI Inspire 1 UASs, conducted by the PIC pursuant to the grant of this

12Petition: (1) will be incidental to Jeffrey L. Taliaferro Photography ’s business; and (2) will not carry passengers or property for compensation or hire. **2. Extent Of Relief Jeffrey L.**  **Taliaferro Photography Seeks And The Reason**  **Jeffrey L. Taliaferro**  **Photography 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 Jeffrey

L . Taliaferro Photography to determine that the DJI Phantom2 Vision+, DJI Phantom 3 Professional and DJI Inspire 1 UASs are in airworthy condition prior to every flight by ensuring that the UAS is in compliance with the operating documents (i.e., the Jeffrey L. Taliaferro Photo graphy Aerial Operations Manual, Monthly Maintenance Log, and DJI Phantom 2 Vision+, DJI Phantom 3 Professional and DJI Inspire 1 Instruction Manual). Jeffrey L. Taliaferro Photography seeks the requested relief because the DJI Phantom2 Vision+, DJI Phantom 3 Professional and DJI Inspire 1 UASs do not require an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H. Therefore, Jeffrey L. Taliaferro Photogr aphy will ensure that the DJI Phantom 2 Vision+, DJI Phantom 3 Professional and DJI Inspire 1 UASs are in airworthy condition based upon its compliance with the operating documents (i.e., the Jeffrey L. Taliaferro Photography Aerial Operations Manual, Monthly Maintenance Log, and DJI Phantom 2 Vision+, DJI Phantom 3 Professional and DJI Inspire 1 Instruction Manual) prior to every flight, and further, determine that the aircraft are in condition for safe flight, as stated in the conditions and limitations b elow. **3. Extent Of Relief Jeffrey L. Taliaferro**  **Photography Seeks And The Reason Jeffrey L.**  **Taliaferro Photography Seeks Relief From Section 91.121.**  Relief from Section 91.121, entitled Altimeter settings, may be required to allow flight operations of th e DJI Phantom 2 Vision+, DJI Phantom 3 Professional and DJI

13Inspire 1 UASs, which utilize a barometric pressure sensor, GPS equipment, and a radio

communications telemetry data link to downlink altitude information from the UA to the PIC at the
groun d 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), Jeffrey L. Taliaferro Photography seeks the requested relief because the DJI Phantom 2 Vision+, DJI Phantom 3 Professional and DJI Inspire 1 UA’s altimeter may be set on the ground to zero feet AGL, rather than the local barometric pressure or field altitude, before each flight. Considering the limited altitude of the proposed operations, relief from 14 CFR 91.121 is sought to the extent necessary to comply with the applicable conditions and limitations stated below. As more fully set forth herein, an equivalent level of safety will be maintained since the DJI Phantom 2 Vision+, DJI Phantom 3 Professional and DJI Inspire 1 UAs are equipped with a barometric pressure sensor and GPS equipment, which automatically ensures that a ground level pressure setting will be established prior to each flight, and provides the PIC with altitude information of the UA on the heads

- up display of the GCS. **4. Extent Of Relief Jeffrey L. Taliaferro**  **Photography Seeks And The Reason Jeffrey L.**  **Taliaferro Photography 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+, DJI Phantom 3 Professional and DJI Inspire 1 UAs during daylight hours in visual meteorological conditions (VMC), under visual flight rules (VFR), for a total duration of 13.5 minutes to the first point of intended landing and, assuming normal cruising speed, to fly after that for at least 4.5 minutes. Jeffrey L. Taliaferro Photography seeks the requested relief because without an exemption from Section 91.151(b), the flight time

14duration of the battery powered DJI Phantom 2 Vision+, DJI Phantom 3 Professional and DJI Inspire

1 UAs will severely constrain the practicality of any aerial video or still photo flight operations that Jeffrey L. Taliaferro Photography proposes to conduct pursuant to this Petition. Significantly , as set forth below, the technical specifications of the DJI Phantom 2 Vision+, DJI Phantom 3 Professional and DJI Inspire 1 UASs, the DJI Phantom 2 Vision+, DJI Phantom 3 Professional and DJI Inspire 1operating documents, and Jeffrey L. Taliaferro Photography’s proposed operating limitations, ensure that Jeffrey L. Taliaferro Photography will safely operate the battery powered DJI Phantom 2Vision+, DJ I Phantom 3 Professional and DJI Inspire 1 UAs during daylight hours in visual meteorological conditions (VMC), under visual flight rules (VFR), with enough battery power to fly for a total duration of 13.5 minutes to the first point of intended landing and, assuming normal cruising speed, to fly after that for at least 4.5 minutes. **5. Extent Of Relief Jeffrey L. Taliaferro**  **Photography Seeks And The Reason Jeffrey L.**  **Taliaferro Photography 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, Jeffrey L. Taliaferro Photography requests relief from these Sections because the DJ I Phantom 2 Vision+, DJI Phantom 3 Professional and DJI Inspire 1 UASs do not require airworthiness certificates. As set forth more fully below, the DJI Phantom 2 Vision+, DJI Phantom 3 Professional and DJI Inspire 1 UASs meet the conditions of FMRA Sectio n 333 for operation without an airworthiness certificate. Accordingly, Jeffrey L. Taliaferro Photography will use trained technicians to perform maintenance, alterations, or preventive maintenance on the UASs using the methods, techniques, and practices prescribed in the UAS operating documents (i.e., the Jeffrey L. Taliaferro

15Photography Aerial Operations Manual, Monthly Maintenance Log, and DJI Phantom 2 Vision+, DJI Phantom 3 Professional and DJI Inspire 1 Instruction Manual). Furthermore, Jeffrey L . Taliaferro Photography

will document and maintain all maintenance records for the DJI Phantom 2 Vision+, DJI Phantom 3 Professional and DJI Inspire 1 UASs. **D.The Reasons Why Granting Jeffrey L. Taliaferro**  **Photography’s Request Would Be In The Public Int**  **erest; That Is, How It Would Benefit The Public As A Whole.** Granting the present Petition will further the public interest by allowing Jeffrey L. Taliaferro Photography

to safely , efficiently , and economically perform aerial video and photography of
construction sites, real estate, and landscape over certain areas of the United States. Additionally , use of the DJI Phantom 2 Vision+, DJI Phantom 3 Professional and DJI Inspire 1 UASs will decrease congestion of the NAS, reduce pollution, and provide signifi cant benefits to the
economy . Notably , the benefits of Jeffrey L. Taliaferro Photography ’s proposed operation of the DJI Phantom 2 Vision+, DJI Phantom 3 Professional and DJI Inspire 1 UASs will be realized without implicating any

privacy issues. **1. The P ublic Will Benefit From Decreased Congestion Of The NAS.**  The DJI Phantom 2 Vision+, DJI Phantom 3 Professional and DJI Inspire 1 UAs are battery powered and serve as a safe, efficient, and economical alternative to the manned aircraft traditionally utiliz ed to obtain aerial imagery. By reducing the amount of manned aircraft needed to perform aerial acquisitions, an exemption allowing the use of a DJI Phantom 2 Vision+, DJI Phantom 3 Professional or DJI Inspire 1 UAS would reduce the amount of manned aircra ft in the NAS, reduce noise and air pollution, as well as increase the safety of life and property in the air and on the ground. Furthermore, by

reducing the number of manned aircraft operating in the NAS, congestion around airports caused by arriving and departing aircraft will be reduced. The

16DJI Phantom 2 Vision+, DJI Phantom 3 Professional and DJI Inspire 1 UAs do not require an airport

to takeoff or land. Likewise, a reduction of manned aircraft conducting aerial video and photography missions w ould 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 And Efficiency Of The DJI Phantom 2 Vision+, DJI**  **Phantom 3 Professional and DJI Inspire 1 UASs.** Conducting aerial acquisitions with the DJI Phantom 2 Vision+, DJI Phantom 3 Professional and DJI Inspire 1 UASs, instead of manned aircraft, will greatly benefit the public by drastically reducing the levels of air and noise pollution generated during traditional aerial video and still photography flight operations. By

using battery

power and electric motors, the DJI Phantom 2 Vision+, DJI Phantom 3 Professional and DJI Inspire 1 UASs produce no air pollution , and are the most Viable environmentally conscious alternative to the cabin class, six cylinder internal combustion engine aircraft that are typically utilized for aerial video and photography, while burning approximately

20

- 30 gallons per hour of leaded aviation fuel. The DJI Phantom 2 Vision+, DJI Phantom 3 Professional and DJI Inspire 1 UAs, while reducing the carbon footprint of aerial acquisitions, also eliminates noise pollution, as the UAs are propelled by battery powered electric motors, rather th an an internal combustion engine. By using the DJI Phantom 2 Vision+, DJI Phantom 3 Professional and DJI Inspire 1 UASs to perform aerial acquisitions, the substantial risk to life and property in the air and on the ground, which is usually associated with traditional manned aircraft flight operations, will be substantially reduced or completely eliminated. Aside from the lack of flight crew members located onboard the aircraft, the DJI Phantom 2 Vision+, DJI

17Phantom 3 Professional and DJI Inspire 1 UAs (weighing approximately 2 pounds 11 ounces and 6

pounds 7.5 ounces respectively, at their maximum gross weights with lengths of 16 inches and 17.3 inches respectively, widths of 16 inches and 17.7 inches respectively, and with no fuel on board), has le ss physical potential for collateral damage to life and property on the ground, and in the air, compared to the manned aircraft that typically conduct similar operations (weighing approximately 6,000 pounds with a wingspan of approximately 42 feet, a length of 34 feet, and afuel capacity of 180 gallons). **3. Performing Aerial Video and Photography Operations With The DJI Phantom 2 Vision+, DJI Phantom 3 Professional and DJI Inspire 1 UASs Will Benefit The Economy.**  In addition to being safe and efficient, the DJI Phantom 2 Vision+, DJI Phantom 3 Professional and DJI Inspire 1 UASs are also an economical alternative to using manned aircraft to conduct similar aerial operations. As such, operation of the DJI Phantom 2 Vision+, DJI Phantom 3 Professional and DJ I Inspire1 UASs will allow United States based companies, like Jeffrey L . Taliaferro Photography, to remain competitive and contribute to growth of the U.S. economy. Specifically, with the rising cost of aviation fuel and the Environmental Protection Agenc y (“EPA”) regulatory actions phasing out leaded aviation fuels, U.S. owned and operated companies must adopt new and alternative technology

in order to remain competitive. Operating the battery powered DJI Phantom 2 Vision+, DJI Phantom 3 Professional and DJI Inspire 1 UASs is one such technology that not only allows companies greater operational flexibility compared to manned aircraft, but provides such flexibility without the high operational cost of a traditional manned aircraft. By operating the DJI Ph antom 2 Vision+, DJI Phantom 3 Professional and DJI Inspire 1 UASs, companies such as Jeffrey L. Taliaferro Photography, can remain competitive and profitable, and therefore, provide greater job stability to employees and contractors, which

18will ultimately contribute to growth of the U.S. economy. Improved financial performance of U.S. companies, through commercial use of the DJI Phantom 2 Vision+, DJI Phantom 3 Professional and DJI Inspire 1 UASs, provides a stable workforce that increases consumer spending; improves local, state, and federal tax revenues; and allows companies to invest in research and development in order to remain competitive both in the United States and abroad. **4. There Are No Privacy Issues.** Similar to the manned aerial acquisition flight operations that have been conducted for decades, Jeffrey L. Taliaferro Photography’s proposed operation of the DJI Phantom 2 Vision+, DJI Phantom 3 Professional and DJI Inspire 1 UASs will not implicate any p rivacy issues. Specifically , the DJI Phantom 2 Vision+, DJI Phantom 3 Professional and DJI Inspire 1 UASs will be operated only in compliance with operating documents (i.e., the Jeffrey L. Taliaferro Photography Aerial Operations Manual, Monthly Maintenanc e Log, and DJI Phantom 2 Vision+, DJI Phantom 3 Professional and DJI Inspire 1 Instruction Manual) which requires property owner involvement as well as local law enforcement notification, and in accordance with the Federal Aviation Regulations, including t he minimum altitude requirements of 14 C.F.R. § 91.119. **E. The Reasons Why Granting The Exemption Would Not Adversely Affect Safety, Or How The Exemption Would Provide A Level Of Safety At Least Equal To That Provided By The**  **Rule From Which Jeffrey L. Tal**  **iaferro Seeks Exemption.**  **1. Reasons Why The DJI Phantom 2 Vision+, Phantom 3 Professional and DJI Inspire 1 UAs Meet The Conditions Of The FAA Modernization and Reform Act of 2012 (FMRA) Section**  **333.**

In consideration of the size, weight, speed, and limi ted operating area associated with the unmanned aircraft and its operation, Jeffrey L. Taliaferro Photography’s operation of the DJI Phantom 2 Vision+, DJI Phantom 3 Professional and DJI Inspire 1 UASs meet the conditions of FMRA Section 333, and will not require an airworthiness certificate in

19accordance 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 will create a haz ard to users of the NAS or the public, or otherwise pose a threat to national security. Specifically, FMRA Section 333 states the following, in part: (a) In General.

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

--In making the determination under subsection (a), the Secretary shall determine, at a minimum

--
(1) which types of unmanned aircraft systems, if any, as a result of their size, weight, speed, operational capability, proximity to airports and populated areas, and operation within visual line of sight do not create a hazard to users of the national airspace system or the public or pose a threat to national sec urity; and

(2) ) whether a certificate of waiver, certificate of authorization, or airworthiness certification under section 44704 of title 49, United States Code, is required for the operation of unmanned aircraft systems identified under paragraph (1).

(c) Requirements for Safe Operation.

--If the Secretary determines under this section that certain unmanned aircraft systems may operate safely in the

national airspace system, the Secretary shall establish requirements for the safe operation of such

a ircraft systems in the national airspace system. In seeking this exemption, Jeffrey L . Taliaferro Photography submits that the DJI Phantom 2 Vision+, DJI Phantom 3 Professional and DJI Inspire 1 UASs can operate safely in the NAS pursuant to FMRA Section 333, as demonstrated by: (a) the characteristics of the DJI Phantom 2 Vision+, DJI Phantom 3 Professional and DJI Inspire 1 UASs; (b) the pilot certification requirement; and (c) the specific operating limitations. **a. The Specifications Of The DJI Phantom 2 Vision+, DJI Phantom 3 Professional and DJI**  **Inspire 1 UASs Demonstrate Its Safe Characteristics.**

20The DJI Phantom 2 Vision+, DJI Phantom 3 Professional and DJI Inspire 1 UASs do not create a

hazard to users of the NAS or the public, or otherwise po se a threat to national security considering its size, weight, speed, and operational capability. **i. Technical Specifications Of The DJI Phantom 2 Vision+, DJI Phantom 3 Professional and DJI Inspire 1 UASs.**  The technical specifications of the DJI Phantom 2 Vision+, DJI Phantom 3 Professional and DJI Inspire 1UASs are set forth by the , DJI Phantom 3 Professional and DJI Inspire 1 Specifications and Data Sheet, attached hereto as Exhibit A, B and C. **ii. The DJI Phantom 2 Vision+, DJI Phantom 3 Professiona l and DJI Inspire 1 UASs**  **Autonomous Flight And Navigation Modes Enable The UASs To Remain Within A Defined Operational Area.**  The DJI Phantom 2 Vision+, DJI Phantom 3 Professional and DJI Inspire 1 UASs may be operated in both manual and fully autonomous flight modes. A complete description of the flight and navigational modes of the DJI Phantom 2 Vision+, DJI Phantom 3 Professional and DJI Inspire 1 UASs is provided at pages 25

- 35 of the DJI Phantom 2 Vision+, pages 11

- 17 of the DJI Phantom 3 Professional and pages 12

- 16 and 45

- 50 of the DJI Inspire 1 User Manuals, attached hereto as Exhibit D, E and F. **iii. The DJI Phantom 2 Vision+, DJI Phantom 3 Professional and DJI Inspire 1 UASs 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+, DJI Phantom 3 Professional and DJI Inspire 1 UAs will remain stationary, in flight, for 3 seconds or more. If, after 3 seconds, the DJI Phantom 2 Vision+, D JI Phantom 3 Professional and DJI Inspire 1 UAs do not reacquire control link data from the GCS, the UA S will assume that the Control Link is lost and the UAs will return to the home position (i.e., failsafe mode) via GPS, and will descend to the takeoff p osition and shutdown. A complete description of the Failsafe Functions of the DJI Phantom 2 Vision+

21UAS are set forth at pages 27 through 29, for the DJI Phantom 3 Professional UAS are set forth at

pages 12 through 14 for the DJI Inspire 1 at pages 13 through15 of the DJI Phantom 2 Vision+, DJI Phantom 3 Professional and DJI Inspire 1 User Manuals, attached hereto as Exhibit D, E and F. **iv. The DJI Phantom 2 Vision+, DJI Phantom 3 Professional and DJI Inspire 1 GCS And Its Operation.**  A complete des cription of the operation and specifications of the DJI Phantom 2 Vision+ and DJI Inspire 1 GCS and flight control software is provided at pages 32through 43 of the DJI Phantom 2 Vision+ User Manual, pages 40 through 55 of the DJI Phantom 3 Professional an d pages 40 through 47 of the DJI Inspire 1 User Manual. DJI Phantom 2 Vision+, DJI Phantom 3 Professional and DJI Inspire 1 User Manuals are attached hereto as Exhibits D, E and F. **b. Flight Operations Of DJI Phantom 2 Vision+, DJI Phantom 3 Professional and DJI Inspire**  **1UASs Are Limited To The Line Of Sight Of A Certificated Pilot in Command With A Safety Observer.**  Jeffrey L. Taliaferro Photography will only utilize certificated pilots who possess a current and valid airman medical certificate to act as a pilot in command (PIC) of the DJI Phantom 2 Vision+, DJI Phantom 3 Professional and DJI Inspire 1 UASs. Additionally, a safety observer will assist all pilots during flight time. **c. Flights Of DJI Phantom 2 Vision+, DJI Phantom 3 Professional and DJI Inspire 1 UASs Will Be Conducted Pursuant To Specific Operating Limitations.**  In seeking this exemption, Jeffrey L . Taliaferro Photography proposes to commercially operate DJI Phantom 2 Vision+, DJI Phantom 3 Professional and DJI Inspire 1 UASs for the special purpose of conducting aerial video and photography over certain areas of United States, pursuant to the following specific operating limitations: 1. Operations authorized by this grant of exemption will be limited to the following aircraft described in the operating documents, rotorcraft UASs weighing less

22than 55 pounds maximum gross weight: DJI Phantom 2 Vision+ , DJI Phantom 3 Professional and DJI

Inspire 1 Unmanned Airc raft Systems. Proposed operations of any other aircraft twill 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 UAs may

not be flown at an indicated airspeed exceeding 20 knots.

4. The UA must be operated at an altitude of no more than 500 feet above ground level (AGL), as indicated by

the procedures specified in the operating documents unless a special reques t is made and approved by ATC. All altitudes reported to ATC must be in feet AGL.

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

- issued airman medical certificate.

6. The use of first person view (FPV) by the PIC or safety observer (SO) isnot permitted.

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

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

9. The operating documents and the grant of exemption must be accessible during UAS operations and made available to the Administrator upon request. Ifa discrepancy exists between the conditions and limitations contained in the grant of exemption and the procedures outlined in the operating documents, the conditions and limitations contained in the gran t of exemption take precedence and must be followed. Otherwise, the operator must follow the procedures as outlined in its operating documents. The operator may update or revise its operating documents. It is the operator’s responsibility

to track such revisions and present updated and revised documents to the Administrator 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 updat e or revision would affect the basis upon which the FAA granted the exemption, then the operator must petition for amendment to its grant of exemption. The FAA’s UAS Integration Office (AFS

- 80) may be contacted if questions arise regarding updates or revis ions to the operating documents.

2310. 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 condition that affects the safe operation of the UAS, the aircraft is prohibited from operating until the necessary maint enance has been performed and the UAS is found to be in a condition for safe flight. The Ground Control Station must be included in the preflight inspection. All maintenance and alterations must be properly documented in the aircraft records.

11. 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 functional test flight must make an entry in the aircraft records.

12. The pre

- flight inspection must account for all potential discrepancies, e.g. inoperable components, items, or equipment, not already covered in the relevant sections of the operating documents.

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

14. The operator must carry out its maintenance, inspections, and recordkeeping requirements, in accordance with the operating documents. Maintenance, inspection, alterations, and status of replacement/overhaul component parts must be noted in the aircraft records, including total time in service, description of work accomplished, and the signature of the authorized person returning t he UAS to service.

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

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

17. The PIC must possess at least a private pilot certificate and at least a current third

- class medical certificate.

18. The operator may not permit any PIC to operate unless the PIC meets the operator’s qualification criteria and dem onstrates the ability to safely operate the UAS in a manner consistent with how the UAS will be operated under the exemption, including evasive and emergency maneuvers and maintaining appropriate distances from persons, vessels, vehicles and structures. PI C qualification flight hours must be logged in a manner consistent with 14 C.F.R.

§ 61.51(b). Flights for the purposes of training the operator’s PICs are permitted under the terms of the exemption. However, training operations may only be conducted during dedicated training sessions. During training, proficiency, and experience

- building flights, all persons not essential for flight operations are considered nonparticipants, and the PIC must operate the UA with appropriate distance from nonparticipants in accordance with 14 C.F.R. § 91.119. 19. UAS operations may not be conducted during night, as defined in 14 C.F.R. §

2419.1. All operations must be conducted under visual meteorological conditions (VMC). If flight at

night is required, a special req uest will be made at the FAA office closest to proposed area of operations. Flights under special 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 aeronautical chart unless a letter of agreement with that airport’s management is obtained, and the operation is conducted in accordance with a NOTAM as required by the operator’s COA. The letter 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 fro m 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 pre

- determined location within the planned operating area and land or be recovered in accordance with the operating documents.

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

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

25. The operator must obtain an Air Traffic Organization (ATO) issued Certificate ofWaiver 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.

26. All aircraft operated in accordance with the exemption must be identified by serial numbe r, 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 use d for operation and control of the UA must comply with the 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.

2529. The UA must remain clear and yield the right of way to all manned aviation operations and

activities at all times.

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

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

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

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

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

32. All operations shall be conducted over private or contro lled

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

33. Any incident, accident, or flight operation that transgresses the lateral or vertical boundaries of the operational area as defined by the applicable COA must be reported to the FAA's UAS Integration Office (AFS

- 80) within 24 hours. Accidents must be reported to the National Transportation Safety Board (NTSB) per instructions contained on the NTSB Web site: www.ntsb.gov.

**2. Reasons Why An Exemption From The Requirements Of Section 61.113(a) And (b) Would Not Adversely Affect Safety.**  Jeffrey L. Taliaferro Photography submits that the equiv alent level of safety established by Section 61.113(a) and (b) will be maintained because no PIC will be allowed to operate the DJI Phantom 2 Vision+, DJI Phantom 3 Professional and DJI Inspire 1 UASs unless that PIC has demonstrated, by meeting minimum flight

- hour and currency requirement s, that the PIC is able to safely operate the DJI Phantom 2 Vision+, DJI Phantom 3 Professional

26or DJI Inspire 1 UAS in a manner consistent with the exemption, including evasive and emergency

maneuvers and maintaining appropriate distances from peopl e, vessels, vehicles and structures. Considering Jeffrey L. Taliaferro Photography’s proposed area of operations, and the operating limitations set forth

- above; the parallel nature of private pilot aeronautical knowledge requirements to those of commercia l pilot requirements (See Exemption No. 11062); and the airmanship skills
necessary to safely operate the DJI Phantom 2Vision+, DJI Phantom 3 Professional or DJI Inspire 1 UAS, Jeffrey L. Taliaferro Photography submits that the additional manned airmanship experience of a commercially certificated pilot would not correlate to the airmanship skills necessary for Jeffrey L. Taliaferro Photography’s specific proposed flight operations. The FAA has previously granted relief from Section 61.113(a) and (b) speci fic 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). Jeffrey L. Taliaferro Photography will not allow any PIC to operate the DJI Phantom2 Vision+, DJI Phantom 3 Professional or DJI Inspire 1 UAS unless that PIC has demonstrated, by meeting minimum flight

- hour requirements or the DJI Phantom 2 Vision+, DJI Phantom 3 Professional or DJI Inspire 1 UAS training and currency requirements, that the PIC is able to safely operate the DJI Phantom 2 Vision+, DJI Phantom 3 Professional or DJI Inspire 1 UAS in a manner consistent with this exemption, including evasive and emerge ncy maneuvers and maintaining appropriate distances from people, vessels, vehicles and structures. Specifically , the PIC must have accumulated and logged, in a manner consistent

27with 14 C.F.R. § 61.51(b), 25 hours of total time as a UAS rotorcraft p ilot (with a minimum of 5

hours of those hours as a UAS pilot operating the same make and model of UAS to be used for operations under the exemption). In addition to the hour requirements, the PIC must accomplish 3 takeoffs and landings in the preceding 90 days (for currency purposes). As in Exemption Nos. 11062, 11138, and 11153, prior documented flight experience that was obtained in compliance with applicable regulations will ensure an equivalent level of safety during Jeffrey L. Taliaferro Photography’ s proposed operations. The Administrator has held that prior documented flight experience that was obtained in compliance with applicable regulations would ensure safe operations, stating as follows: In 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 accumulated 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 hours log ged as a UAS pilot with a multi

- rotor UAS. Prior to operations under Exemption 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 exempti on. 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 UA S 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 appropriate to practice and build proficiency in the skills necessary to safely conduct the petitioner’s proposed operations. The FAA also finds that prior documented flight experience that was obtained in compliance with applicable regulations would satisfy this req uirement. Training, proficiency, and experience

- building flights can also be conducted under the grant of exemption to accomplish the required flight time. During training, proficiency, and experience

- building flights the PIC is required to operate the UA with appropriate distances in accordance with 14 C.F.R 91.119. Exemption No. 11138 at page 15. Accordingly

, Jeffrey

L . Taliaferro Photography will ensure safe operations by not allowing any PIC to operate the DJI Phantom 2 Vision+, DJI Phantom 3 Professional or DJI Inspire

281 UAS unless that PIC has demonstrated, by meeting minimum flight

- hour and currency

requirements, that th e PIC is able to safely operate the DJI Phantom 2 Vision+, DJI Phantom 3 Professional or DJI Inspire 1 UAS in a manner consistent with the exemption, including evasive and emergency maneuvers and maintaining appropriate distances from people, vessels, vehi cles and
structures. **3. Reasons Why An Exemption From The Requirements Of Section 91.7(a) Would Not**  **Adversely Affect Safety.** The equivalent level of safety established by Section 91.7(a) will be maintained because prior to
every flight, Jeffrey

L. Taliaf erro Photography will ensure that the DJI Phantom 2 Vision+, DJI Phantom 3 Professional or DJI Inspire 1 UAS is in an airworthy condition based upon the UAS’s compliance with its operating documents and as stated in the conditions and limitations herein. Additionally , the FAA has previously granted relief from Section 91.7(a) specific to UAS, in circumstances similar, in all material respects, to those presented herein (e.g. Exemption Nos. 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110, 111 12, 11136, 11138, 11150, 11153, 11156, 11157, 11158, 11159, 11160, 11161). **4. Reasons Why An Exemption From The Requirements Of Section 91.121 Would Not Adversely Affect Safety.**  The equivalent level of safety established by Section 91.121 will be maintained because the altitude information of the DJI Phantom 2 Vision+, DJI Phantom 3 Professional and DJI Inspire 1 S 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 a ctive monitoring of the flight path and altitude. This altitude information, combined with Jeffrey L. Taliaferro Photography’s operation of the DJI Phantom 2 Vision+, DJI Phantom 3 Professional and DJI Inspire 1 UAs within visual line of sight, at or below 500 feet AGL,

29will ensure a level of safety equivalent to Section 91.121. The altitude information will be generated

by GPS equipment installed onboard the aircraft. Prior to each flight, a zero altitude initiation point is automatically

established by

the UASs at ground level. The FAA has previously granted relief from Section 91.121 specific to UAS, in circumstances similar, in all material respects, to those presented herein (e.g. Exemption Nos. 11062, 11063, 11064, 11065, 11066, 11067, 11080, 1 1109, 11112, 11136, 11138, 11150, 11153, 11156, 11157, 11158, 11159, 11160, 11161). **5. Reasons Why An Exemption From The Requirements Of Section 91.151(b) Would Not Adversely Affect Safety.**  A grant of this exemption would ensure an equivalent level of s afety established by

14 C.F.R. Section 91.151(b) as a result of (1) the technical specifications of the DJI Phantom 2 Vision+, DJI Phantom 3 Professional and DJI Inspire 1 UASs; (2) the limitations on the proposed flight operations; and (3) the location of the proposed flight operations. Accordingly, Jeffrey L . Taliaferro Photography

will ensure that it will safely operate the battery

powered DJI Phantom2 Vision+, DJI Phantom 3 Professional and DJI Inspire 1 UAs during daylight hours in VFR conditions, with enough battery power to fly for a total duration of 13.5 minutes to the first point of intended landing and, assuming normal cruising speed, to fly after that for at least 4.5 minutes. Here, as in Exemption No. 11109, the technical specifications of the DJI Phantom2 Vision+, DJI Phantom 3 Professional and DJI Inspire 1 UASs; 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 Phantom2 Vision+, DJI Phantom 3 Professional and DJI Inspire 1 UASs provide audible and visual warnings to the PIC at the GCS when the UAs experiences low battery voltage, the first warning occurring at approximately 33%

30remaining battery power, and again at approximately 10% remaining battery power. At the critically low battery

level, the DJI Phantom Vision+ and DJI Inspire 1 UASs will descend and land automatically

. Significantly , previous exemptions granted by the FAA concerning Section 91.151 establish that safety is not adversely

affected when the technical characteristics and operating limitations of the UAS are considered. Relief has been granted for manned aircraft to operate at less than the min imums prescribed in Section 91.151, including Exemption Nos. 2689, 5745, and 10650. Moreover, the FAA has previously granted relief from Section 91.151 specific to UAS, in circumstances similar, in all material respects, to those presented herein (e.g. Exe mption Nos. 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, Jeffrey L . Taliaferro Photography submits that the equivalent level of safety with regard to the regulatory maintenance and alteration requirements established by

Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) &(b) will be met because Jeffrey

L . Taliaferro Photography will use trained technicians to perform maintenance, alterations, or preventive maintenance on the UASs using the methods, techniques, and practices prescribed in the operating documents (i.e., the Jeffrey L. Taliaferro Photography Aerial Operations Manual, Monthly Maintenance Log, and DJI Phantom2 Vision+, DJI Phantom 3 Professional and DJI Inspire 1 Instru ction Manual). Furthermore, Jeffrey L. Taliaferro Photography will document and maintain all maintenance records for the DJI Phantom 2 Vision+, DJI Phantom 3 Professional and DJI Inspire 1 UASs.

31Since the DJI Phantom 2 Vision+, DJI Phantom 3 Professi onal and DJI Inspire 1 UASs will be

inspected as prescribed by the operating documents, Jeffrey L. Taliaferro Photography 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+, DJI Phantom 3 Professional and DJI Inspire 1 User Manuals are attached hereto as Exhibit D, E and F; a copy of the DJI Phantom 2 Vision+, DJI Phantom 3 Professional and DJI Inspire 1 UAS Maintenance LOG is attached hereto as Exhibit G. Lik ewise, the exemption sought will not adversely affect safety because Jeffrey L. Taliaferro Photography

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 all maintenance of the DJI Phantom 2 Vision+, DJI Phantom 3 Professional and D JI Inspire 1 UASs will be performed by trained t echnicians. Maintenance will be documented and maintained utilizing the monthly maintenance log. Significantly , previous exemptions granted by the FAA concerning Sections 91.405(a), 91.407(a)(1), 91.409(a)(1 ) & (a)(2), and 91.417(a) & (b) establish that safety is not adversely affected when the technical characteristics and operating limitations of the UAS are considered. In consideration of Jeffrey L. Taliaferro Photography’s proposed operating limitations, the operating documents, and the technical aspects of the DJI Phantom 2 Vision+, DJI Phantom 3 Professional and DJI Inspire 1 UASs, Jeffrey L. Taliaferro Photography submits that safety will not be adversely affected by granting exemption from 14 C.F.R. S ections

3291.405(a), 91.407(a)(1) and (a)(2), 91.409(a)(2), and 91.417(a) and (b). The FAA has previously

granted relief specific to UAS in circumstances similar, in all material respects, to those presented herein (e.g. Exemption Nos. 11062, 11063, 1 1064, 11065, 11066, 11067, 11080, 11109, 11110, 11112, 11136, 11138, 11150, 11153, 11156, 11157, 11158, 11159, 11160, 11161). **7. The FAA May Prescribe Any Other Conditions For Safe Operation.** In accordance with Section 333 of the FAA Modernization and Reform Act of 2012 (FMRA) and 14 C.F.R. § 21.16 entitled Special Conditions, Jeffrey L. Taliaferro Photography requests that the FAA prescribe special conditions for the intended operation of the DJI Phantom 2 Vision+, DJI Phantom 3 Professional and DJI Inspire 1 UASs, which contain such safety standards that the Administrator finds necessary to establish a level of safety equivalent to that established by 14 C.F.R. Part 21, Subpart H, and 14 C.F.R §§ 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 operation of the UAs for the limited purpose of conducting aerial video and photography over certain areas of the United States for compensation or hire. F MRA Section 333 sets forth the requirements for considering whether a UAS will create a hazard to users of the NAS or the public, or otherwise pose a threat to national security; and further, provides the authority for such UAS to operate without airworthi ness certification in accordance with any requirements that must be established for the safe operation of the UAS in the NAS. Likewise, the Administrator may prescribe special conditions pursuant to 14 C.F.R. § 21.16, for operation of the DJI Phantom 2 V ision+, DJI Phantom 3 Professional and DJI Inspire 1 UASs, since the airworthiness regulations of 14 C.F.R. Part 21 do not contain

33adequate or appropriate safety standards, due to the novel or unusual design features of the aircraft.

Section 21.16, entitled Special Conditions, states the following: If the FAA finds that the airworthiness regulations of this subchapter do not contain adequate or appropriate safety standards for an aircraft, aircraft engine, or propeller because of a novel or unusual d esign 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 pre scribe special conditions for Jeffrey L. Taliaferro Photography’s intended operation of the DJI Phantom 2 Vision+, DJI Phantom 3 Professional and DJI Inspire 1 UASs, which contain such safety standards that the Administrator finds necessary to establish a level of safety equivalent to that established by 14 C.F.R. Part 21, Subpart H, and 14 C.F.R Sections 61.113(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). **F. A Summary That Can Be Published In Th e Federal Register, stating: The**  **Rules From Which**  **Jeffrey L. Taliaferro Photography Seeks Exemption:**  Jeffrey L. Taliaferro Photography seeks exemption from the requirements of 14 C.F.R Sections 61.113(a)& (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) &(a)(2), and 91.417(a) & (b). **A Brief Description Of The Nature Of The Exemption Jeffrey L. Taliaferro**  **Photography Seeks:**  This exemption will permit Jeffrey L. Taliaferro Photography to commercially operate an Unmanned Aircraft System (UAS) for the purpose of conducting aerial video and photography over certain areas of the United States. **G. Any Additional Information, Views, Or Arguments Available To Support Jeffrey L.**  **Taliaferro Pho**  **tography’s Request.** This Petition is made pursuant to the FAA Modernization and Reform Act of 2012

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

operate safely

in the NAS. As such, Jeffrey L. Talia ferro Photography’s request for exemption may be granted pursuant to the authority of FMRA Section 333 and 14 C.F.R. Part 11, as set forth above. FMRA Section 333 sets forth the requirements for considering whether a UAS will create a hazard to users of the NAS or the public, or otherwise pose a threat to national security; and further, provides the authority

for such UAS to operate without airworthiness certification. As discussed in detail above Jeffrey L. Taliaferro Photography will operate the DJI Phantom 2 Vision+, DJI Phantom 3 Professional and DJI Inspire 1 UASs safely in the NAS, without creating a hazard to users of the NAS, or the public, or otherwise pose a threat to national security. **CONCLUSION** As set forth herein Jeffrey L. Taliaferro Photo graphy seeks an exemption pursuant to 14 C.F.R. § 11.61 and Section 333 of the FAA Modernization and Reform Act of 2012 (FMRA), which will permit safe operation of the DJI Phantom 2 Vision+, DJI Phantom 3 Professional and DJI Inspire 1 UASs commercially, without an airworthiness certificate, for the limited purpose of conducting aerial video and photography over certain areas of the United States. By granting this Petition, the FAA Administrator will be fulfilling the Congressional mandate of the FAA Modernization and Reform Act of 2012, while also advancing the interests of the public, by allowing Jeffrey L. Taliaferro Photography to safely, efficiently, and economically operate the DJI Phantom 2 Vision+, DJI Phantom 3 Professional and DJI Inspire 1 UASs c ommercially within the NAS. **WHEREFORE** , in accordance with the Federal Aviation Regulations and the FAA

35Modernization and Reform Act of 2012, Section 333, Jeffrey L . Taliaferro Photography respectfully requests that the Administrator grant this Petition for an exemption from the requirements of 14 C.F.R Sections 61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b), and permit Jeffrey L. Taliaferro to operate the DJI Phantom 2 Vision+, DJI Phantom 3 Professional and DJI Inspire 1 UASs commercially for the purpose of conducting aerial video and photography over certain areas of the United States. Dated: May

29 th , 2015 Respectfully submitted, Jeffrey L. Taliaferro Photography Jeffrey L. Taliaferro 15906 Cotton Gin Ave Wayne , OK73095 (405) 628

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