UNI TED STATES OF AMERI CA DEPARTMENT OF TRANSPORTATION FEDERAL

AVIATION ADMINISTRATION WASHINGTON, DC Regulatory

Docket No.
IN THE MATTER OF THE PETITION FOR EXEMPTI ON OF: NATHAN J. CURTIS FOR AN EXEMPTION SEEKING RELIEF FROM THE REOUIREMEN IS OF TITLE 14 O F THE CODE OF FEDERALREGULATIONS SECTI ONS 61.113(a) & (b), 91.7(a), 91.121,91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2). AND 91.417(a) & (b) CONCERNING COMMERCIAL OPERATION OF THE DJ1 PHANTOM 2 UNMANNED AIRCRAFT SYSTEM PURSUANT TO SECTI ON 333 OF THE FAA MODERNIZATION AND REFORM ACT OF 2012 (PUBLIC LAW 112

- 95)
Submitted on October 6, 2015
Nathan J. Curtis 835 East 300 North #200, Richfield, UT 84701**INTRODUCTION AND**  **INTEREST OF**  **PETITIONERS**
**................................ ...............**  **4**

**BACKGROUND**
**................................ ................................**  **................................ ...................**  **5 BASIS FOR**  **PETITION 5**  **NAME AND ADDRESS OF PETITIONERS** 
**................................ ..........................**  **6**
**THE SPECIFIC SECTIONS OF 14 C.F.R. FROM WHICH NATHAN J. CURTIS**  **SEEKS EXEMPTION** 
**................................ ......................**  **7**
**THE EXTENT OF RELIEF NATHAN J. CURTIS**  **SEEKS AND THE REASON NATHAN J. CURTIS**  **SEEKS THE RELIEF. 9** 
**THE REASONS WHY GRANTTIN**  **G REOUEST WOULD BE IN THE**  **PUBLIC INTE**  **REST**
**................................ .....**  **1 0** 
**THE REASONS WHY GRANTING THE EXEMPTION WOULD NOT ADVERSELY AFFECT SAFETY** 
**................................ ................................**  **....... 1**  **2**
**CONCLUSION**

................................ ................................ ................................ .......................... **2 3** **GLOSSARY OF ABBREVIATIONS :** 

AGL Above Ground Level AOI Area oF interest ATC Air Traffic Control ATO Air Traffic Organization AV Aerial Vehicle CFR Co de of Federal Regulations COA Certificate of Authorization FAA Federal Aviation Administration FAR Federal Aviation Regulation GCS Ground Control Station GPS Global Positioning S ys tem LO L Lo ss of Link NAS National Airspace S ys tem NOTAM Notice to Airman PI C Pilot I

n Command FAA Modernization and Reform Act of 2012 (FMRA) Section 333 SO Safety

Observer SOP Standard Operating Procedures UA Unmanned Aircraft UAS Unmanned Aircraft Sy stem VFR Visual Flight Rules VL OS Visual L

ine of Site VM C Visual Meteorological Conditions VTOL Vertical Takeoff and Landing

## SUMMARY

Nathan J. Curtis 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 Modernization and Reform Act of 2012 (FMRA). This exemption will permit Nathan J. Curtis to operate an Unmanned Aircraft S ys tem (UAS) for the non

- commercial purpose of conducting aerial video and photography to be used in documenting crime s cenes, traffic accidents, HAZMAT documentation , educational and training videos, and news reports, workplace safet y, and law enforcement related events over certain areas of the United State s. 

## INTRODUCTION AND INTERESTS OF THE PETITIONER

Nathan J. Curtis is a Utah certified peace officer with the Sevier Count y Sheriff’s Office . The Sheriff’s Office has invested in a UAS with the intent to use aerial photography a nd videos for the documentatio n of crime scenes, traffic accidents, Search and Rescue missi ons, Hazardous Materials (HAZMAT ) accidents, training documentation, and officer safety related incide

nts. Examples of use are as follows:

• Documentation of Motor vehicle accidents

• Documentation of crime scenes

• HAZMAT spills/accidents and documentation

• Safet y and training

• Search and Rescue for missing or injured persons

• In creasing public knowledge of UAS and promote safe UAS operations.

## BACKGROUND

Unmanned Aircraft Sy

stems: DJ1 Phantom 2 UAS N athan J. Curtis seeks an exemption to operate DJI systems for the Sevier County Sheriff’s Office and related law enforcement agencies.
NAS. The DJI Phantom 2 is a vertical takeoff and landing (VTOL) Unmanned Aircraft (UA) with a Ground Control Station (GCS ) utilizing electronic tablet or smart phone systems. The DJI Phantom 2 has a maximum gross weight of 2 .7 pounds, a length of 16.2 inches, width of 16.6 inches, height of 10.5 inches, and a maximum speed of approximately 33.5 mph . The DJ I Phantom 2 UA is e quipped with four main rotors; driven by Lithium Pol ym er battery powered electric motors. The DJI Phantom 2 UA that will be operated by Nathan J. Curtis and 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, Nathan J. Curtis pursuant to the provisions of the Federal Aviation Regulations (14 C.F.R. § 11.61) a

nd the FAA Modernization and Reform Act of2012 (FMRA), Section 333, Special Rules for Certain Unmanned Aircraft Systems, hereby petition the Administrator to commercially operate the DJI Phantom 2 UAS in the National Airspace System (NAS), and for an exemp tion 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, Nathan J. Curtis 's operation of the DJI Phantom 2 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 , Nathan J. Curtis 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. Nathan J. Curtis submits that the requested relief is proper since an equivalent level of safety will be ensured. Nathan J. Curtis will use experienced personnel or technicians to perform maintenance, alterations, or preventive maintenance on the UAS using the methods, techniques, and practices prescribed in the operating documents (i.e., Monthly Maintenance Log, and DJI Phantom 2 instruction manual ). Furth ermore. Nathan J. Curtis will document and maintain all maintenance records for the Phantom 2 UAS. Relief from certain requirements of Section 61.113(a) and (b), entitled Private pilot privileges and limitations: Pilot in command, is requested by Nathan J. Curtis to the extent necessary to allow a Pilot in Command (PIC) holding an airman medical certificate, and who has demonstrated, b y meeting minimum flight

- hour and currency requirements, that the PIC is able to safel y operate the DJ I Phantom 2 UAS in a manner consistent with this exemption, including evasive and emergency maneuvers and maintaining appropriatedistances from people, vessels, vehicles , and structures.

Nathan J. Curtis seeks relief from Section 91.7(a), entitled Civil aircraft airworthiness, because the DJ I Phantom 2 UAS does no t require an airworthiness certif icate in accordance with 14 C.RR. Part 21, Subpart H. As such, Nathan J. Curtis submits that they will ensure that the DJI Phantom 2 UAS is in an airworthy condition, prior to every flight, by determining that the UAS are in compliance with the operating documents (i.e., Monthly Maintenance Log, and DJI Phantom 2 I nstruction Manual), and that the aircraft are in a condition for safe flight.
Nathan J. Curtis also seeks an exemption from the requirements of Section 91.121, entitled Altimeter Settings, as the DJI Phantom 2 UA will not have a ty pical barometric altimeter onboard. However, altitude information of the DJI Phantom 2 UA 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 fli ght path. This altitude information, combined with Nathan J. Curtis 's operation of the DJ I Phantom 2 UA within visual line of sight, at or below 400 feet AGL, will ensure a level of safety equivalent to Section 91.121. Additionally, Nathan J. Curtis seeks an exemption from the requirements of Section 91.151(b), entitled Fuel requirements for flight in VFR conditions. Nathan J. Curtis submits that safety will not be affected by

operation of the Phantom 2 UA during day light hours in visual meteorological cond itions (VMC) under visual flight rules (VFR), with enough battery power to fl y for a total duration of approximately 15 minutes to the first point of intended landing and, assuming normal cruising speed, to fly after that for at least 4.5 minutes.

In accor dance with 14 C.F.R. § 11.81, Nathan J. Curtis provides the following information in support of their petition for exemption:



## NAME AND ADDRESS OF THE PETITIONER The name and address of the Petitioner and point of contact is: Nathan J. Curtis 835 East 300 North #200 Richfield, UT 84701 Email: ncurtis.scso@hotmail .com

## THE SPECIFIC SECTIONS OF 14 C.F.R. FROM WHICH

**N ATHAN J. CURTIS SEEKS EXEMPTION** 

1. Nathan J. Curtis Seeks Exemption From The Requirements Of Section 61.113(a) a

nd (b). Section 61.113, entitle d 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 carry

ing passengers or property

for compensation or hire; nor may that person, for compensation or hire, act as PI C of an aircraft. (b) A private pilot may, for compensation or hire, act as PIC of an aircraft in connection with an y 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 propert

y for compensation or hire.

2. Nathan J. Curtis Seeks Exemption From The Requirements Of Section 91.7(a). Section 91.7, entitled Civil aircraft airworthiness, subs ection (a), states the following: (a) No person may operate a civil aircraft unless it is in an airworthy condition. 3. Nathan J. Curtis Seeks Exemption From The Requirements Of Section 91.121. Section 91.121, entitled Altimeter settings, subsection (a), states the following, in part: (a) Each person operating an aircraft shall maintain the cruising a ltitude 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 cur rent reported altimeter setting of a station along the route and within 100 nautical miles of the aircraft; (ii) I f there is no station within the area prescribed in paragraph (a)(l)(i) of this section, the current reported altimeter setting of an appropri ate available station; or (iii) In the case of an aircraft not equipped with a radio, the elevation of the departure airport or an appropriate altimeter setting available before departure. 4. Nathan J. Curtis Seeks Exemption From The Requirement s Of Sectio n 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 fl y to the first point of intended landing and, assuming normal cruising speed, to fly after that for at least 20 minutes. 5. Nathan J. Curtis Seeks Exemption From The Requirement Of Section 91.405(a ). Section 91.405, entitled Maintenan ce 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 prescr ibed in part 43 of this chapter[ .] 6. Nathan J. Curtis Seeks Exemption From The Requirements Of Section91.407(a)(1) Section 91.407, entitled Operation after maintenance, preventive

maintenance, rebuilding, or alt eration, 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. Nathan J. Curtis Seek 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. Nathan J. Curtis Seeks Exemption From The Requirement s Of Sections 91.417(a)
a nd 91.417(b). Section 91.417, entitled Maintenance records, subs ections (a) and (b), state the following: (a) Except for work performed in accordance with §§ 91.411 and 91.413, each registered
owner or operator sha ll keep the following records for the periods specified in paragraph (b) of this section: (1) Records of t

he maintenance, preventive maintenance, and alteration and records of the 100

-hour, annual, progressive, and other required or approved inspections, as appropriate, for each aircraft (including the airframe) and each engine, propell er , rotor, and appli ance of an aircraft The records must include

— (i) A description (or reference to data acceptable to the Administrator) of the work performed: and (ii) The date of completion of the work performed; and (iii) The signature, and certificate number of the person a pproving 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, engin e, 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 la st inspection required b y the inspection 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 s afety directive number and revision date. I f 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 airfram e and currentl y 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 re peated or superseded by

other work or for 1 y

ear after the work is performed. (2) The records specified in paragraph (a)(2) of this section shall be retained and transferred with the aircraft at the time the aircraft is sold. (3) A list of defects furnished to a registered owner or operator under § 43.11 of this chapter shall be retained until the defects are repaired and the aircraft is approved for return to service.



## THE EXTENT OF RELIEF NATHAN J. CURTIS SEEKS **AND THE REASON NATHAN J. CURTIS SEEKS THE RELIEF** 

1. Extent Of Nathan J. Curtis Seeks Relief From Section 61.113(a) And (b). Relief from Section 61.113(a) and (b) entitled Private pilot privileges and limitations: Pilot in command, is requested to the extent necessary to allow a PIC holding a valid airman
m edical certificate, and who has met certain flight

-hour and currency requirements, to conduct the proposed UAS flight operations for compensation or hire. This relief is requested since the limitations set forth in Section 61.113(a) and (b) state that
a pr ivate pilot may, for compensation or hire, act as PIC of an aircraft in connection with
an y business or employ

ment if: (1) The flight is only incidental to that business or employ ment; and (2) The aircraft does not carry passengers or propert

y for compensa

tion or hire. As set forth more fully

below, Nathan J. Curtis submits that an equivalent level of safety will be maintained because no PIC will be allowed to operate the DJI Phantom UAS unless that PIC has m et certain flight

- hour and currency requirements, demonstrating that the PIC is able to safel y operate the DJ I Phantom 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, Nathan J. Curtis submits that all flights of the DJI Phantom 2 UAS pursuant to the grant of this Petition: (1) will be incidental to Nathan J. Curtis 's business; and (2) will not
carr y passengers or prope

rty for compensation or hire.

2. Extent Of Relief Nathan J. Curtis Seeks And The Reason Nathan J. Curtis 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 Nat

han J. Curtis to determine that the DJ I Phantom UAS are in airworthy condition prior to every flight by ensuring that the UAS is in compliance with the operating documents (i.e., the Nathan J. Curtis Aerial Operations Manual, Monthly Maintenance Lo g, and D JI Phantom 2 In struction Manual).
Nathan J. Curtis seeks the requested relief because the DJI Phantom 2 UA does not require
an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H. Therefore, Nathan J. Curtis will ensure that the DJI P hantom 2 UAS is in airworthy condition based upon its compliance with the operating documents (i.e., Monthl y Maintenance Log, and DJ I Phantom 2 In struction Manual) prior to every flight, and further, determine that the aircraft are in condition for safe fl ight, as stated in the conditions and limitations below.3. Extent Of Nathan J. Curtis Seeks And The Reason Nathan J. Curtis Seeks Relief f rom section 91.121. Relief from Section 91.121, entitled Altimeter settings, may be required to allow flight operations of the DJI Phantom 2 UAS, 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 ground control station (GCS). Since the FAA requires that an

y altitude information concerning UAS operations be reported to air traffic control (ATC) in feet above ground level (AGL), Nathan J. Curti s seeks the requested relief because the DJ I Phantom 2 UA's altimeter may be set on the ground to zero feet AGL,
ra ther 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 UA is equipped with a barometric pressure sensor and GPS equipment, which automatically

ensures that a ground level pressure setting wil l 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. Nathan J. Curtis Seeks And The Reason Nathan J. Curtis Seeks Relief From Section 91.151(b). Relief from Section 91.151(b) entitled Fuel requirements for flight in VFR conditions, is requested to the extent required to allow flights of the battery powered DJI Phantom 2 UA during day

light hours in visual meteorological conditions (VMC), under visual flight rules (VFR), for a t otal 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. Nathan J. Curtis seeks the requested relief because without an exemption from Section 91.151(b), the fligh t time duration of the battery powered DJI Phantom 2 UA will severely constrain the practicality

of any aerial video or still photo flight operations that Nathan J. Curtis proposes to conduct pursuant to this Petition. Significantly, as set forth below, th e technical specifications of the DJI Phantom 2 UAS, the DJI Phantom 2 operating documents, and Nathan J. Curtis 's proposed operating limitations, ensure that Nathan J. Curtis will safely operate the battery

powered DJI Phantom 2 UA during day

lig ht hours i n 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 Nathan J. Curtis Seeks And The Reason Nathan J. Curtis 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, Nathan J. Curtis request relief from these Sections because the DJI Phantom 2 UAS does not require an airworthiness certificate. As set forth more full y below, the DJI Phantom 2 UAS meets the conditions of FMRA Section 333 for operation without an airworthiness certificate. Accordingl y, Nathan J. Curtis will use trained technicians to perform maintenance, alterations, or preventive maintenance on the UAS using the methods, techniques, and practices prescribed in theUAS operating documents (i.e., the Nathan J. Curtis 's Aerial Operations Manual, Monthly

Maintenance Log, and DJI Phantom 2 In struction Manual). Furthermore. Nathan J. Curtis will document and maintain all maintenance records for the DJ I Phantom 2 UAS.


## The Reasons Why Granting **Nathan J. Curtis 's Request Would**  **Be In The Public Interest; That Is, How It Would Benefit The**  **Public As A Whole** Granting the present Petition will further the public interest by allowing Nathan J. Curtis to saf el y, efficiently, and economically perform aerial video and photography of crime scenes, traffic accidents, HAZMat documentation , and law enforcement related over certain areas of the United States. Additionall y, use of the DJI Phantom 2 UAS will decrease congestion of the NAS, reduce pollution, and provide significant benefits to the economy. Notably , the benefits of Nathan J. Curtis 's proposed operation of the DJ I Phantom 2 UAS will be realized without implicating any Fourth amendment violations . 1. The P ublic Will Benefit From Decreased Congestion Of The NAS. The DJI Phantom 2 UAS are battery powered and serve as a safe, efficient, and economical alternative to the manned aircraft traditionally

utilized to obtain aerial imagery. By reducing the amount of manned aircraft needed to perform aerial acquisitions, an exemption allowing the use of a DJ I Phantom 2 UAS would reduce the amount of manned aircraft in the NAS, reduce noise and air pollution, as well as increase the safet y of life and propert

y in the air and on the ground. Furthermore, by

reducing the number of manned aircraft operating in the NAS, congestion around airports caused by

arriving and departing aircraft will be reduced. The DJI Phantom 2 UAS do not require an airport to takeoff or land. Likewise, a reduction of manned aircraft conducting aerial video and photography missions would result in fewer aircraft that must be handled by

air traffic control during the ground, takeoff, departure, arrival, and landing phases of flight operations. 2. The Public Will Benefit From The Safety And Efficiency Of The DJ I Phantom 2 UAS. Conducting aerial acquisitions with the DJI Phantom 2 UAS, instead of manned aircraft, will greatly

benefit the public by

drastically

reducing the levels of air and noise polluti on generated during traditional aerial video and still photography flight operations. By

using battery power and electric motors, the DJI Phantom 2 UAS produces no air pollution, and is the most viable environmentally conscious alternative to the cabin class, six cylinder internal combustion engine aircraft that are ty pically utilized for aerial video and photography

, while burning approximately 20

- 30 gallons per hour of leaded aviation fuel. The DJI Phantom 2 UA, while reducing the carbon footprint of aeri al acquisitions, also eliminates noise pollution, as the UAS are propelled by battery powered electric motors, rather than an internal combustion engine. By using the DJI Phantom 2 UAS to perform aerial acquisitions, the substantial risk to life and proper ty 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 UA (weighing approximately

2 pounds 13.1 ounces respectively , at its maximum gross weight with a length of 16.2 inches and width of 16.6 inches, and with no fuel on board), has less phy sical potential for collateral damage to life and propert y on the g round, and in the air, compared to the manned aircraft that ty pically c onduct similar operations (weighingapproximately 6,000 pounds with a wingspan of approximately 42 feet, a length of 34 feet, and a fuel capacity

of 180 gallons). Use of the DJI Phantom 2 UAS will also allow for determination of typ es HAZMAT exposure emergency responders may

be exposed to before actually

being exposed to hazardous materials.
3. Performing Aerial Video and Photography Operations With The DJI Phantom 2 UAS Will Benefit Th e Economy

. In addition to being safe and efficient, the DJI Phantom 2 UAS is also an economical alternative to using manned aircraft to conduct similar aerial operations. As such, operation of the DJI Phantom 2 UAS will allow the Sevier County Sheriff’s Of

fice to save taxpay

er money . Specifically , with the rising cost of contracting or owning and maintaining an aircraft for these purposes, the use of a UAS will require less taxpay er money to provide the same level of service. Operating the battery

powered D JI Phantom 2 UAS 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 Phantom 2 UAS, people such as Nathan J. Curtis , can remain competitive and profitable, and therefore, provide greater job stability to employ

ees and contractors, which will ultimately

contribute to growth of the U.S. economy. Improved financial performance of U .S. companies, through commercial and non

- commercial use of the DJI Phantom 2 UAS, 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

I ssues. Similar to the manned aerial acquisition flight operations that have been conducted for decades, Nathan J. Curtis 's proposed operation of the DJI Phantom 2 U AS will not implicate any

privacy issues. Specifically , the DJI Phantom 2 UAS will be operated only in compliance with operating documents (i.e., the Nathan J. Curtis 's Aerial Operations Manual, Monthl y M aintenance Log, and DJ I Phantom 2 In struction Manual ) which requires property

owner involvement as well as local law enforcement notification, and in accordance with the Federal Aviation Regulations, including the minimum altitude requirements of 14 C.F.R. § 91.119. Fourth Amendment rights will be respected and warrantless search and seizure will not occur.



## 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 Nathan J. Curtis**  **See ks**  **Exem ption**  1. Reasons Why

The DJ I Phantom 2 UA Meets The Conditions Of The FAA Modernization and Reform Act of 2012 (FMRA) Section 333. In consideration of the size, weight, speed, and limited operating area associated with the unmanned aircraft and its operation, Nathan J. Curtis 's operation of the DJ I Phantom 2 UAS meets the conditions of FMRA Section 333, and will not require an airworthinesscertificate in accordance with 14 C.F.R. Part 21, Subpart H.

Section 333 provides authority for a UAS to operat e without airworthiness certification and sets forth requirements for considering whether a UAS will create a hazard to users of the NAS or the public, or otherwise pose a threat to national 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 day s after the date of enactment of this Act, the Secretary of Transportation shall determine if certain unmanned aircraft systems may operate safely

in t he national airspace system before completion of the plan and rule making required by section 332 of this Act or the guidance required bv section 334 of this Act. (b) Assessment of Unmanned Aircraft Sy stems .

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

— (1) which ty

pes of unmanned aircraft sy stems, 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 securit y; 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 s ys tems identified under paragraph (1). (c) Requirements for Safe Operation .

-- If the Secretary determines under this section that certain unmanned aircraft systems may operate safel y in the national airspace s ys tem, the Secretary shall establish requirements for the safe operation of such aircraft systems in the national airspace sy stem.
In seeking this exemption, Nathan J. Curtis submits that the DJI Phantom 2 UAS can operate safely

in the NAS pursu ant to FMRA Section 333, as demonstrated by : (a) the characteristics of the DJI Phantom 2 UAS; (b) the pilot certification requirement; and (c) the specific operating limitations.
a. The Specifications Of The DJI Phantom 2 UAS Demonstrates I ts Safe Charact eristics.
The DJ I Phantom 2 UAS does not create a hazard to users of the NAS or the public, or otherwise pose a threat to national security considering its size, weight, speed, and operational capability, i. Technical Specifications Of The DJ I Phantom 2 UA S. The technical specifications of the DJ I Phantom 2 UAS are set forth by the DJI Phantom 2 Specifications and Data Sheet, attached hereto as Exhibit. ii. The DJI Phantom 2 UAS Autonomous Flight And Navigation Modes Enable The UAS To Remain Within A Define d Operational Area.
The DJ I Phantom 2 UAS may be operated in both manual and full y autonomous flight modes. A complete description of the flight and navigational modes of the DJI Phantom 2 UAS is provided at pages 23

- 32 and 42

- 44 of the DJI Phantom 2 User Manual, attached hereto as Exhibit B. iii. The DJ I Phantom 2 UAS Is Designed For Automatic Return To Home Point Or Hover In The Event Of Loss Of The Control L ink Or Navigation. When the Control Link is lost, the DJI Phantom 2 UA will remain stationary, in flight, for 3 seconds or more. If, after 3 seconds, DJ I Phantom 2 UA do es not reacquire control link data from the GCS, the UAS will assume that the Control Link is lost and the UA will return tothe home position (i.e., failsafe mode) via GPS, and will de scend to the takeoff position

and shutdown. A complete description of the Failsafe Functions of the DJI Phantom 2 UAS are set forth at pages 27 through 29 of the DJI Phantom 2 User Manual, attached hereto as Exhibit A.

iv. The DJ I Phantom 2 GCS And Its O peration. A complete description of the operation and specifications of the DJI Phantom 2 GCS and flight control software is provided at pages 42 through 49 of the DJI Phantom 2 User Manual. DJI Phantom 2 User Manual is attached hereto as Exhibit A. b. Fli ght Operations Of DJ I Phantom 2 UAS is Limited To The Line Of Sight Of A Certificated Pilot in Command With A Safety Observer. Nathan J. Curtis will act as a pilot in command (P IC ) of the DJ I Phantom 2 UAS. Additionally, a safet y observer will assist durin g flight time. c. Flights Of The DJ I Phantom 2 UAS Will Be Conducted Pursuant To Specific Operating Limitations.
In seeking this exemption, Nathan J. Curtis proposes to commerciall y operate the DJ I Phantom 2 UAS 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, rotorc raft UAS ’ s weighing less than 55 pounds maximum gross weight: DJI Phantom 2 Unmanned Aircraft Sy stems. Proposed operations of any other aircraft will require a new petition or a petition to amend this grant.
2. UAS operations under this ex emption will be limi ted 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 UAS must be operated at an altitude of no more than 400 feet above ground level (AGL), as indicated by

t he procedures specified in the operating documents unless a special request is made and approved by ATC. All altitudes reported to ATC must be in feet AGL.
5. The UAS must be operated within visual line of sight (VL OS) of the PI C at all times. This requires t

he P IC to be able to use human vision unaided by any device other than corrective lenses, as specified on the PI C' s FAA issued airman medical certificate.
6. The use of first person view (FPV) by the PIC or safety observer (SO) is not permitted.
7. All operation s must utilize a safety observer (SO). The SO may be used to satisfy the VL OS requirement as long as the PIC always maintains VLOS capabilit y. The SO and PIC must be able to communicate verbally at all times. Electronic messaging or texting is notpermitte d 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 o ther duties bey

ond assisting the PI C 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. If a discrepancy exists between the conditions and limitations contained in the grant of exemption and the procedures outlined in the operating documents, the conditions and limitations contained in the grant of exemption take precedence and must be followed. Otherwise, the operator must follow the procedures as outlined in its operating documents. The operator 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 ex emption. If the operator determines that an y update or revision would affect the basis upon which the FAA granted the exemption, then the operator must petition for amendment to its grant of exemption. The FAA's UAS Integration Office (AFS80) may be contac ted if questions arise regarding updates or revisions to the operating documents.
10. Prior to each flight the PI C 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 o f the UAS, the aircraft is prohibited from operating until the necessary maintenance has been performed and the UAS is found to be in a condition for safe flight. The Ground Control Station must be included in the preflight inspection. All maintenance and alterations must be properly documented in the aircraft records.
11. 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 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 keep ing requirements, in accordance with the operating documents. Maintenance, inspection, alterations, and status of replacement/overhaul component parts must be noted in the aircraft records, including total time in service, description of work accomplished, and the signature of the authorized person returning the UAS to service.
15. Each UAS operated under this exemption must comply with all manufacturer Safet y Bulletins.16. The authorized person must make an entry in the aircraft record of the corrective action ta ken against discrepancies discovered between inspections.

17. The operator may

not permit any

P IC to operate unless the PIC meets the operator's qualification criteria and demonstrates the ability to safely operate the UAS in a manner consistent with how the UAS will be operated under the exemption, including evasive and emergency

maneuvers and maintaining appropriate distances from persons, vessels, vehicles and structures. PIC qualification flight hours must be logged in a manner consistent with 14 C.F.R. § 61.51(b). Flights for the purposes 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 non

- participants, and the P IC must operate the UA with appropriate distance from nonparticipants in accordance with 14 C.F.R. § 91.119.
18. UAS operations may

not be conducted during night , as defined in 14 C.F.R. § 1.1. All operations must be conducted under visual meteorological conditions (VMC). If flight at night is required, a special request will be made at the FAA office closest to proposed area of operations. Flights under special v isual flight rules (SVFR) are not authorized.
19. 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 b y the operator's COA. The letter of agreement with the airport management must be made available to the Administrator upon request.
20. The UA may not be operated less than 500 feet below or l ess than 2,000 feet horizontally

from a cloud or when visibility is less than 3 statute miles from the PI C.
21. 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.
22. The PIC must abort the flight in the event of unpredicted obstacles or emergencies in accordance with the operating documents.
23. 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.
24. The operator must obtain an Air Traffic Organization (ATO) issued Certificate of Waiver
or A uthorization (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.
25. All aircraft operated in accordance with the exemption must be identified by s erial 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 aslarge as practicable.

26. 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.
27. The documents required fewer than 14 C.F.R. 91.9 and 91.203 must be available to the PI C at the Ground Control Station of the UAS any time the UAS is operating. These documents must be made available to the Administrator or an y law enforcement official upon request.
28. The UA must remain clear and yi eld the right of way to all manned aviation operations and activities at all times.
29. The UAS may

not be operated by

the PI C from any moving device or vehicle.
30. Flight operations must be conducted at least 500 feet from all nonparticipating persons (persons other than the PIC, SO, operator trainees or essentia l 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 rem ain 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 P IC has made a safety assessment of the risk of operating closer to those objects and determined that it does not present an undue hazard, and;

c. Operations neare

r to the PIC, SO, operator trainees or essential persons do not present
an undue hazard to those persons per § 91.119(a).
31. All operations shall be conducted over private or controlled

- access property with permission from the land owner/controller or authorized representative. Permission from land owner/ controller or authorized representative will be obtained for each flight to be conducted. 32. 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

. Nathan J. Curtis submits that the equivalent level of safet y established by Section 61.113(a) and (b) will be maintained because no PIC will be allowed to operate the DJI Phantom 2 UAS unless that PI C has demonstrated, by meeting minimum flight

hour and currency

requirements, that the PI C is able to safel y operate the DJI Phantom 2 UAS in a manner consistent wi th the exemption, including evasive andemergency maneuvers and maintaining appropriate distances from people, vessels, vehicles and structures. Considering Nathan J. Curtis 's proposed area of operations, and the operating limitations set forth above; the parallel nature of private pilot aeronautical knowledge requirements to those of commercial pilot requirements (See Exemption No. 11062); and the airmanship skills necessary to safel y operate the DJ I Phantom 2 UAS, Nathan J. Curtis submits that the additio nal manned airmanship experience of a commercially certificated pilot would not correlate to the airmanship skills necessary for Nathan J. Curtis specific proposed flight operations. The FAA has previously

granted relief from Section 61.113(a) and (b) spec ific 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). Nathan J. Curtis will not allow an y P IC to operate the DJ I Phantom 2 UAS unless that PI C has demonstrated, by meeting minimum flight

- hour requirements or the DJ I Phantom 2 UAS training and currency requirements, that the PI C is able to safel y operate the DJ I Phantom 2 UAS in a manner consistent with this exemption, including evasive and emergency maneuvers and maintaining appropriate distances from people, vessels, vehicles and structures. Specifically , the PI C must have accumulated and logged, in a manner consistent wi th 14 C.F.R. § 61.51(b), 25 hours of total time as a UAS rotorcraft pilot (with a minimum of 5 hours of those hours as a UAS pilot operating the same make and model of UAS to be used tor operations under the exemption). In addition to the hour requirements , the PI C must accomplish 3 takeoffs and landings in the preceding 90 day s (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 Nathan J. Curtis '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 Ex emption 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 U AS rotorcraft pilot including at least 10 hours logged as a UAS pilot with a multi

- rotor UAS. Prior to operations under Exemption No. 11062, the PI C must also have accumulated and logged a minimum of 5 hours as a UAS pilot operating the same make and model of UAS to be used for operations under the exemption. For clarification, the FAA considers these minimum hour requirements to be inclusive rather than additive; i.e. 5 hours make and model time may be included in the 10 hours of multi

- rotor time and the 1 0 hours may be included in the total 25 hours of UAS rotorcraft time. In addition to the hour requirements, the PIC must accomplish 3 takeoffs and land ings in the preceding 90 days (f or currency

purposes). The FAA finds that at a minimum, the flight

-hour
r equirements 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 requirement. 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 PI C is required to operate the UA with appropriate distances in accordance with14 C.F.R 91.119.

Exemption No. 11138 at page 15. Accordingl y, Nathan J. Curtis will ensure safe operations by not allowing any P IC to operate the DJ I Phantom 2 UAS unless that PIC has demonstrated, by meeting minimum flight

- hour and currency

requirements, that the PIC is able to safel y operate the DJI Phantom 2 UAS in a manner consistent with the exemption, including evasive and emergency

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

3. Reasons Why

An Exemption From The Requirements Of Section 91.7(a) Would Not Adversely Affect Safety

. The equivalent level of safety established by Section 91.7(a) will be maintaine d because prior to every

flight, Nathan J. Curtis will ensure that the DJI Phantom 2 UAS is in an airworthy condition based upon the UAS's compliance with its operating documents and as stated m 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. 11062,11063,11064,11065,11066,11067,11080,11109,11110,11112,11136,11138,11 150, 11153,1115 6,11157,11158,11159,11160,11161).

4. Reasons Why

An Exemption From The Requirements Of Section 91.121 Would Not Adversel y Affect Safet y. The equivalent level of safety established by

Section 91.121 will be maintained because the altitude information of the DJ I Phantom 2 UA will be provided to the PIC via GPS equipment and a radio communications telemetry data link, which downlinks from the UA to the GCS for active monitoring of the flight path and altitude. This altitude information, combined with Nathan J. Curtis Productions^ operation of the DJ I Phantom 2 UA within visual line of sight, at or below 500 feet AGL, will ensure a level of safety equivalent to Section 91.121. The altitude information will be generated by GPS equipment installed onboard the aircr

aft. Prior to each flight, a zero altitude initiation point is automatically established by

the UAS at ground level. The FAA has previously granted relief from Section 91.121 specific to UAS, in circumstances similar, in all material respects, to those pre sented herein (e.g. Exemption Nos. 11062,11063, 11064,11065,11066,11067,11080,11109,11112,11136,11138,11150,11153,11156,11 157, 11158,11159,11160,11161).

5. Reasons Why

An Exemption From The Requirements Of Section 91.151(b) Would Not Adversel y Affect Safe ty

. A grant of this exemption would ensure an equivalent level of safety established by 14 C.F.R. Section 91.151(b) as a result of (1) the technical specifications of the DJI Phantom 2 UAS; (2) the limitations on the proposed flight operations; and (3) th e location of the proposed flight operations. Accordingly, Nathan J. Curtis will ensurethat it will safely operate the battery powered DJ I Phantom 2 UA during day light hours in VFR conditions, with enough battery power to fly for a total duration of 15 minutes to the first point of intended landing and, assuming normal cruising speed, to fl y after that for at least 4.5 minutes. Here, as in Exemption No. 11109, the technical specifications of the DJI Phantom 2 UAS; the limitations on the proposed flight operations; and the location of the proposed operations, will ensure an equivalent level of safety established by 14 C.F.R. Section 91.151(b). Furthermore, safety will be ensured as the DJI Phantom 2 UAS provides audible and visual warnings to the PI C at the GCS when the UA experiences low battery voltage, the first warning occurring at approximately 33% remaining battery power, and again at approximately

10% remaining battery power. At the critically low battery

level, the DJI Phantom 2 UAS will descend and l and 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 minimums 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 m aterial respects, to those presented herein (e.g. Exemption Nos. 8811,10808,10673,11042,11062,11063,11064,11 065,11066,11067,11080,11109,1110

, 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 Safet

y.
In seeking this exemption, Nathan J. Curtis 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 Nathan J. Curtis will use trained technicians to perform maintenance, alterations, or preventive maintenance on the UAS using the methods, techniques, and practices prescribed in the operating documents (i.e., the Nathan J. Curtis 's Aerial Operations Manual, Monthly

Maintenance Log, and DJ I Phantom 2 In struction Manual). Furthermore. Nathan J. Curtis Productions will document and ma intain all maintenance records for the DJI Phantom 2 UAS.
Since the DJI Phantom 2 UAS will be inspected as prescribed by the operating documents, Nathan J. Curtis 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 User Manuals are attached hereto as Exhibit C and D: a copy of the DJI Phantom 2 UAS Maintenance LOG is attached hereto as Exhibit C. Likewise, the exemption sought will not adversely affect safety because Nat

han J. Curtis 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 trained technicians willperform all maintenance of the DJI Phantom 2 UAS . Maintenance will be documented

and maintained utilizing the monthly maintenance log. Significa ntly, 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 Nathan J. Curtis 's proposed operating limitations, the operating documents, and the technical aspects of the DJI Phantom 2 UAS, Nathan J. Curtis submits that safety will not be adversely affected b y granting exemption from 14 C.F.R. Sections 91.405(a), 91.407(a)(1) and (a)(2), 91.409(a)(2), and 91.417(a) and (b). The FAA has previousl y granted relief specific to UAS in circumstances similar, in all material respects, to those presented herein (e.g. Exemption Nos. 11062,11063 ,11064,11065,11066,11067,11080,11109,11110,11112, 11136,11138,11150,11153, 11156,11157,11158,11159,11160, 11161). 7. The FAA May

Prescribe Any

Other Conditions For Safe Operation. In accordance with Section 333 of the FAA Modernization and Reform Act of 20 12 (FMRA) and 14 C.F.R. § 21.16 entitled Special Conditions, Nathan J. Curtis request that the FAA prescribe special conditions for the intended operation of the DJI Phantom 2 UAS, which contain such safet y standards that the Administrator finds necessary to establish a level of safet

y equivalent to that established by 14 CF.R. Part 21, Subpart H, and 14 CF.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 perm it 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. FMRA Section 333 sets forth the requirements for considering whether a UAS will create a hazard to users of the NAS or the public, or otherwise pose a threat to national security ; and further, provides the authority for such UAS to operate without airworthiness certification in accordance with
an y requirements that must be established for the safe operation of the UAS in the NAS. Li kewise, the Administrator may prescribe special conditions pursuant to 14 C.F.R. § 21.16, for operation of the DJI Phantom 2 UAS, since the airworthiness regulations of 14 CF.R. Part 21 do not contain adequate or appropri ate 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 appropria

te safet y standards for an aircraft, aircraft engine, or propeller because of a novel
or unusual design feature of the aircraft, aircraft engine or propeller, he prescribes special conditions and amendments thereto for the product. The special conditions a re 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 CF.R. § 21.16, the FAA may prescribe special conditions for Nathan J. Curtis intended operation of the DJI Phantom 2 UAS, which contain such safety standards that the Administrator finds necess ary to establish a level of safety equivalent to that established by 14 CF.R. Part 21, Subpart H, and 14 CF.R Sections 61.113(a) & (b), 91.7(a), 91.121,91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b).• A Summary That Can Be Published I

n The Federal Register, stating:

• The Rules From Which Nathan J. Curtis Seeks Exemption: Nathan J. Curtis seeks exemption from the requirements of 14 C.FJR 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 Nathan J. Curtis Seeks: This exemption will permit Nathan J. Curtis to commercially operate an Unmanned Aircraft S ys tem (UAS) for the purpose of conducting aerial video and photography over certain areas of the United States.

• Any Additional Information, Views, Or Arguments Available To Support Nathan J. Curtis Request. This Petition is made pursuant to the FAA Modernization and Reform Act of 2012 (FMRA) Section 333, which directs the Secretary of Transportation to determine if certain UAS may operate safely

in the NAS. As such, Nathan J. Curtis '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 airworthines s certification. As discussed in detail above, Nathan J. Curtis will operate the DJI Phantom 2 UAS 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

A s set forth herein, Nathan J. Curtis 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 UAS commercially, without an airworthiness
c ertificate, 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 Nathan J. Curtis to safely, efficiently, and economically operate the DJI Phantom 2 UASs commerciall y within the NAS. WHEREFORE, in accordance with the Federal Aviation Regulations and the FAA Modernization and Reform Act of 2012, Section 333, Nathan J. Curtis 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 Nathan J. Curtis to operate the DJ I Phantom 2 UASs commerciall y for the purpose of conducting aerial video and photography over certain areas of the United States.

Dated: October 6, 2015
Res pectf ully submitted.
Nathan J. Curtis

Nathan J. Curtis 835 East 300 North #200, Richfield, UT 84701Appendices:

A

- DJ I Phantom 2 Specifications Data Sheet APPENDIX

- A
DJ I PHANTOM 2 TECHNI CALSPECI FICATI ONS http://www.dji.com/product/phantom

- 2

- vision

- plus/spec

B

- Nathan J. Curtis only

utilizes safe and reliable UASs. DJIis an industry leader in small UAS production. DJIUASs are loaded with ground breaking software enabling the user to set parameters which will not allow flight into controlled airspace. Parameters can also be set to limit flight to no higher than a predetermined and set altitude as well as limit flight to a predetermined and set distance. In addition, DJI software provides real

- time altitude and location information to the PI C via the linked monitor (smartphone/tablet devices)
DJI PHANTOM 2 USER MANUAL http://www.dji.com/product/phantom

- 2

- vi sion

- plus/download
C

- DJI Phantom 2 Maintenance Log
APPENDIX

- C
DJI PHANTOM 2 Maintenance Lo g