UNI TED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

FEDERAL AVIATION ADMINISTRATION
WASHINGTON, DC

Reg ulatory Docket No. _______________

IN TH E MATTER OF THE PETITION FOR EXEMPTION OF:

HIFLY PHOTOGRAPHY FOR A N E XEMPTION S EEKING R ELIEF F ROM T HE REQUIREMENTS O F

TITLE 1 4 OF THE C ODE O F F EDERAL R EGULATIONS SECTIONS 61.113(a) & (b), 9 1 .7(a), 9 1 .121, 9 1.151(b), 9 1.405(a), 9 1.407(a)(1), 9 1.409(a)(1) & (a)(2), A ND 9 1.417(a) & ( b) CO NCERNIN G COMMERCIAL O PERATION OF : DJI PHANTOM 2 VISION+, DJI PHANTOM 3 & DJI INSPIRE 1

UNMANNED AIRCRAFT SYSTEMS PURSUANT TO SECTION 333 OF

(PUBLIC LAW 112

- 95) THE FAA MODERNIZATION AND REFORM ACT OF 2012

Submitted on September 18 , 2 015 HiFly Photography 525 S School Suit e 2 10, Fayetteville AR 72701 214

- 864

- 6512Peti tion for Exemption Page 1 of 26 TABLE OF CONTENTS

SUMMA RY

......................................................................................................................................................................................... 2 INTRODUCTION AND INT ERESTS OF THE PETITI ONER

........................................................................................ 2
BACKGROUND

............................................................................................................................................................................... 2
BASIS FOR PETITION

.................................................................................................................................................................. 3
A. NAME AND ADDRESS OF THE PETIT IONER.

.......................................................................................................... 4
B. THE S PECIFIC S ECTION S OF 1 4 C .F.R. F ROM WHICH HIFLY PHOTOGRAPHY SE EKS EXEMPTION.

........................................................................................................................................................................... 5
C. THE E XTENT OF RE LIEF SOUGHT BY HIFLY PHOTOGRAPHY:

............................................................. 8
D. THE R EASONS W HY GR AN TING HIFLY PHOTOGRAPHY R EQUEST WOUL D BE I N THE PUBLIC INTEREST; THAT IS, HOW IT WOULD B ENEFIT THE PUBLIC AS A WHOLE. .........................10
E. THE REASONS WHY GRAN TING THE EXEMPTION WOULD NOT ADVERSELY A FFECT SAFETY, OR HOW THE EXEMPTION WOULD PROVIDE A LEVE L OF SAFETY AT LEAST EQUA L TO THAT PROVIDED B Y

TH E RU LE FROM W HICH HIFLY PHOTOGRAPHY SE EKS E XEMPTION. ...........12
F. RE ASONS WHY AN EXEMPTION FROM THE R EQUIREMENTS OF SECTI ON 61.113(A) AND (B) WOULD NOT ADVERSELY AFFECT SAFETY. .........................................................................................................19 G. REASONS WHY AN EXEMPTION FROM THE REQUIREMENTS OF SECTION 91.7(A) WOUL D NOT ADVERSELY AFFECT SAFETY. ......................................................................................................................................21 H. REASONS WHY AN EXEMP TION FROM THE REQUIR EMENTS OF SECTION 91.121 WOULD NOT ADVERSELY AFFECT SAFETY. ......................................................................................................................................21
I. REASONS WHY AN EXEMP TION FROM THE REQUIR EMENTS OF SECTION 91 .151(B) WOULD NOT ADVERSELY AFFECT SAFETY. ...........................................................................................................................21 J. REASONS WHY AN EXEMP TION FROM THE REQUIR EMENTS OF SECTIONS 9 1.405(A), 91.407(A)(1), 91.409 (A)(1) & (A)(2), AND 91.417 (A) & (B) WOULD NOT ADVERSELY AFFECT SAFETY. 22
K. THE FAA MAY PRESCRIB E ANY OTHER CONDITIO NS FOR SAFE OPERATION.

................................ . 23
L. CONCLUSION ........................................................................................................................................................................25
M. APPENDICES: ........................................................................................................................................................................26Pe tition for Exemption Page 2 of 26 SUMMARY

HIFLY PHOTOGRAPHY seeks exemption from the requirements of 14 C.F.R §§ 61.113(a) & (b), 91.7(a), 91.119 (c), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b), to operate an Unmanned Aircraft System pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (FMRA). This exemption will permit HIFLY PHOTOGRAPHY to operate an Unmanned Aircraft System (UAS) for the

comme rcial purpose of conducting aerial video and photography of real estate, commercial properties and landscape s o ver certain areas within t he United States.

INTRODUCTION AND INTERESTS OF THE PETITIONER

HIFLY PHOTOGRAPHY seeks to establish and provid e a service provider based company capable of providing high quality aerial images and videos to its clients with the safest and most cost effective means available. The focus o f HIFLY PHOTOGRAPHY i s to provide t hese services to the following commerc ial markets :
 Ae rial Photography and Videography  Real Estate Marketing and Promotions  Commercial Advertising and Marketing  Residential and Commercial Property Inspections , Appraisals and Survey  Commercial Agriculture

. BACKGROUND

HIFLY PHOTOGRAPHY seeks an exemption to operate DJI systems for compensation or hire within the NAS. The DJI Phantom 2 Vision+, Phantom 3, DJI Inspire platforms are VTOL ( ve rtical takeoff and landing ) Unmanned Aircraft (UA) with a Ground Control Station (GCS) utilizing electronic tablet or smart phone systems. The DJI Phantom 2 Vision+ and Phantom 3 have a maximum gross weight of approximately 2 pounds 11 ounces, with the dimensions of 16x16 inches wide, height of 8 inches, and a maximum speed of approximately 31 knots. The DJI Inspire 1 has a maximum 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+, Phantom 3, DJI Inspire systems are driven by rechargeable Lithium Polymer battery powered electric motors that drive four main ro tors.Peti tion for Exemption Page 3 of 26

The DJI Phantom 2 Vision+, Phantom 3, DJI Inspire 1 UAs that will be operated by HIFLY PHOTOGRAPHY 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, HIFLY PHOTOGRAPHY , pursuant to the provi sions of the Federal Aviation Regulations (14 C.F.R. § 11.61) and the FAA Modernization and Reform Act of 2012 (FMRA), Section 333, Special Rules for Certain Unmanne d Aircraft Systems, hereby petitions the Administrator to commercially operate the DJI Phantom 2 Vision+, DJI Inspire 1 UAs 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, HIFLY PHOTOGRAPHY operation of DJI Phantom 2 Vision+, Phantom 3, DJI Inspire 1 UAs meets the conditions of FMRA Section 333 and ther efore, will not require an airworthiness certificate in accordance

w ith 14 C.F.R. Part 21, Subpart H.
Accordingly, HIFLY 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.

HIFLY PHOTOGRAPHY submits that the requested relief is proper since an equivalent level of safety will be ensured. HIFLY PHOTOGRAPHY 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 docume nts (i.e., Monthly Maintenance Log, and DJI Phantom 2 Vision+, DJ I Inspire 1, Phantom 3 Instruction Manual s) . Furthermore, HIFLY PHOTOGRAPHY will document and maintain all maintenance records for the D

JI Phantom 2 Vision+, Phantom 3, DJI Inspire 1 UAs

. Relief from certain requirements of Section 61.113(a) and (b), entitled Private pilot privileges and limitations: Pilot in command , is requested by HIFLY 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 certif icate, 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+, Phantom 3, DJI Inspire 1 UAs in a manner consistent with this exemption, including evasive and eme rgency maneuvers and maintaining appropriate distances from people, vessels, vehicles and structures.Petition for Exemption Page 4 of 26

HIFLY PHOTOGRAPHY seeks relief from Section 91.7(a), entitled Civil aircraft airworthiness , because the DJI Phantom 2 Vision+, Phantom 3, DJI Inspi re 1 UAs do not require an airworthiness certificate in accordance with 14 C.F.R. Par t 21, Subpart H. As such, HIFLY PHOTOGRAPHY submits that he will ensure that the DJI Phantom 2 Vision+, Phantom 3, DJI Inspire UAs are 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 Vision+, Phantom 3, DJI Inspire I nstruction Manual), and that the aircraft are in a condition for safe flight.

HIFLY PHOTOGRAPHY also seeks an exemption from the requirements of Section 91.121, entitled Altimeter Settings , as the DJI Phantom 2 Vision+, Phantom 3, DJI Inspire 1 UAs will not have a typical barometric altimeter onboard. However, altitude information of the DJI Phantom 2 Vision+, Phantom 3, DJI Inspire UAs will be provided to the PIC via Global Positioning System (GPS) equipment and radio communications telemetry data l ink, which downlinks from the UA to the GCS for active monitoring of the flight path. This altitude information, combined with HIFLY PHOTOGRAPHY’s operation of the DJI Phantom 2 Vision+, Phantom 3, DJI Inspire 1 UAs w ithin visual line of sight, at or below 500 feet AGL, will ensure a level of safety equivalent to Section 91.121.
Additionally, HIFLY PHOTOGRAPHY seeks an exemption from the requirements of Section 91.151(b), entitled Fuel requirements for flight in VFR conditions

. HIFLY PHOTOGRAPHY submits that safety will not be affected by operation of the DJI Phantom 2 Vision+, Phantom 3, 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 t otal duration 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, HIFLY PHOTOGRAPHY provides the following i nformation in support o f its petition for exemption:

A. Name and Address o f t he P etitioner. The na me a nd a ddress of the P etitioner a nd poi nt of c ontact is: Chris Stoddart HIFLY PHOTOGRAPHY 525 S School Suite 210 Fayetteville, AR 72701 (214)864-6512 Email: contact@hiflyphotography.comPeti tion for Exemption Page 5 of 26

B. The Sp ecific Se ctions Of 1 4 C .F.R
. From W hich HIFLY PHOTOGRAPHY Seeks E xemption.

B.01 HIFLY PHOTOGRAPHY Seeks E xemption F rom The R equirements O f Se ct ion 6 1.113(a) A nd (

b). Section 61.113, entitled Private pilot privileges and limitations: Pilot in command, subsections (a) and (b) prescribe the following, in relevant part: (a) No pe rson 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 emp loyment 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.

B.02 HIFLY PHOTOGRAPHY Seeks E xemption F rom The R equirements O f Se ct ion 9 1.7(a). S ecti on 9 1.7, entitled Civil

a ircraft a irworthiness

, s ubsection ( a), s tates t he f ollowing: (a) No person ma y

ope rate a c ivil a ircraft unless i t is i n an airworthy c ondition.

C.03 HIFLY PHOTOGRAPHY Se eks E xemption F rom The R equirements O f Se ct ion 9 1.119 (

b). Section 91.119(b) e stablishes s afe a ltitudes f or o perations o f

c ivil a ircraft

o ver congested a reas a nd i s d efined a s f ollows:

“ (b) Over congested areas. Over any congested area of a city, town, or settlement, or over any open air assembly of persons, an al titude of 1,000 feet above the highest obstacle within a horizontal radius of 2,000 feet of the aircraft. ”
HIFLY PHOTOGRAPHY seeks relief from this exemption as our main operating within the Tampa Bay community is widely considered a “congested area” depicted on a VFR Sectional Chart by a “yellow” color shade. The UAS will be operating within a restricted area around our point of interest preventing

non -p articipating people to be well clear and safe of our operations. HIFLY PHOTOGRAPHY has

no in tent ion of operating our UAS above 400 feet in height above and no t beyond the are a of interest. This confined operating work space will support that safe operations within a congested community can be safely accomplished. We also plan to have placards or self -s tanding signs notifying the general public that UAS operations are operatin g overhead and please stand clear. HIFLY PHOTOGRAPHY is focused on maintaining a high degree of safety in all aspects of our flight operations and any foreign body such as person or vehicle which enters our restricted area of operation would cause an im mediate suspension of flight operations until that obstacle can be cleared.Peti tion for Exemption Page 6 of 26

B.04 HIFLY PHOTOGRAPHY Seeks E xemption F rom The R equirements O f Se ct ion 9 1.121. S ection 91.121,

e ntitled A ltimeter s ettings, subsection ( a), states t he f ollow ing, in part: (a) E ach person operating a n aircraf

t shall ma intain the cruising a ltitude or f

light level of tha t aircraft, a s the

case m ay b e, b y r eference t o an a ltimeter

t hat i s set, w hen o perating

--

C.Below 1 8,000 f eet M SL, t o
-- (i) The current reported altimeter set ting of a station along the route and within 100 nautical miles of the aircraft; (ii) If there is no station within the area prescribed in paragraph (a)(1)(i) of this section, the current reported altimeter setting of an appropriate available station; or (iii) In the case of an aircraft not equipped with a radio, the elevation of the departure airport or an appropriate altimeter setting available before departure.

B.05 HIFLY PHOTOGRAPHY Seeks E xemption F rom The R equirements O f Se ct ion 9 1.151(b). S ectio n 91.151, entitled Fuel requirements f or f light in VFR conditions, s ubsection(b), s tates t he following: (b) No pers on may

be gin a f light in a rotorcraft

u nder V FR

c onditions u nless (c onsidering w ind a nd f orecast weather c onditions) there i s e nough fuel to fly to the f irst point of

i ntended l anding

a nd, a ssuming

nor mal cruising s peed, to fly

a fter t hat f or a t l east 3 0 m inutes.

C.06 HIFLY P HOTOGRAPHY Seeks E xemption F rom The R e quirement Of Se ction 9 1.405(a). S ection 91.405,

e ntitled Maintenance

r equired , subsection (a), s tates the f ollowing: E ach owner o r ope rator o f a n aircraft

— Shal l 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 discr epancies repaired as prescribed in part 43 of this chapter[.]

B.07 HIFLY PHOTOGRAPHY Seeks E xemption Fr om The R equirements O f Section 9 1.407(a)(1) Section 91.407, e ntitled O peration a fter m ainte nance, p reventive maintenance, r ebuilding, o r alteration, s ubsection ( 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[.]

B.08 HIFLY PHOTOGRAPHY Seeks E xemption F rom The R equirements O f Se ctions 9 1.409(a)(1) A nd 91.409(a)(2). Se ction 9 1.409, e ntitled Inspections , subse ction ( a), s tates t he following: (a) Except as pr ovided i n paragraph (c) of thi s s ection, no person may ope rat e a n aircraft unless, w ithin the pr eceding 1 2 c alendar mon ths, i t has ha d

--Peti tion for Exemption Page 7 of 26 (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 in spection for the issuance of an airworthiness certificate in accordance with part 21 of this chapter.

B.09 HIFLY PHOTOGR APHY Seeks E xemption F rom The R equirements O f Se ct ions 9 1.417(a) A nd 91.417(b). Se ction 9 1.417, e ntitled Maintenance re cords , subsec tions ( a) a nd (b), state t he f ollowing: (a) Except f or w ork p erformed i n a ccordance w ith §§ 91.411 a nd 9 1.413, e ach r egistered o wner o r o perator shall k eep the f

ollowing r ecords for the pe riods specified in paragraph (b) of thi s section: (1) Re cords of the 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, prop eller, 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 (ii) The date of completion of the work performed; and (iii) The signature, and ce rtificate 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

- li mited 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 airc raft, including the time since the last inspection required by 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 safety directive number and revision date. If the AD or safety directive involves recurring action, the time and date when the next action is required. (vi) Copies of the forms prescribed by § 43.9(d) of this chapter for each major alteration to the airframe and currently installed engines, rotors, propellers, and appliances.
(b) The owner or operator shall retain the following records for the periods prescribed: (1) The records specified in paragraph (a)(1) of this section shall be retained until the work is repeated or superseded by other work or for 1 year after the completed project.
(2) The records specified in paragraph (a)(2) of this section shall be retained and transferred with the aircraft at the time the a ircraft is sold.Peti tion for Exemption Page 8 of 26 (3) A list of defects furnished to a registered owner or operator under § 43.11 of this chapter shall be retained until the defects are repaired and the aircraft is approved for return to service.

C. The Ex tent O f

R elief Sought by HIFLY PHOTOGRAPHY :

C.01 Extent

O f R elief HIFLY PHOTOGRAPHY Seeks An d The R eason HIFLY PHOTOGRAPHY 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 private pilot or higher level certificate, as well as a current and valid airman medical certificate, and who has met certain flight

- hour and currency requirements, to conduct the proposed UAS flight operations for compensation or hire.
This relief is requested since the limitations set forth in Section 61.113(a) and (b) state that a private pilot may, for

c ompe nsation or hire, act as PIC of an aircraft in connection with any business or emplo yment if: (1) The flight is only incidental to that business or employment; and (2) The aircraft does not carry passengers or property for compensat

ion or hire.
As set forth more fully below, HIFLY PHOTOGRAPHY submits that an equivalent level of saf ety will be maintained because no PIC will be allowed to operate the DJI Phantom 2 Vision+, Phantom 3, or DJI Inspire 1 UAS unless that PIC has met certain flight -h our and currency requirements, demonstrating that the PIC is able to safely operate either t he DJI Phantom 2 Vision+, Phantom 3, or DJI Inspire 1 UAS in a manner consistent with the operations specifications as described in this exemption, including evasive and emergency maneuvers,

as we ll as maintaining appropriate distances from people, vessels , vehicles and structures.

Further, HIFLY PHOTOGRAPHY submits that all flights of the DJI Phantom 2 Vision+, Phantom 3, DJI Inspire 1 UAs , conducted by the PIC pursuant to the grant of this Petition: (1) will be incidental to HIFLY PHOTOGRAPHY‘s b usiness; and (2) will not carry passengers or property for compensation or hire.

C.02 Extent

O f R elief HIFLY PHOTOGRAPHY Seeks An d The R eason HIFLY PHOTOGRAPHY Seeks Relief From Section 91.7(a).
Relief from Section 91.7(a) entitled Civil aircra ft airworthiness , is requested to the extent required to allow HIFLY PHOTOGRAPHY to determine that the DJI Phantom 2 Vision+, Phantom 3, DJI Inspire 1 UAs are in airworthy condition prior to every flight by ensuring that the UAS is in compliance with the operating documents (i.e., HIFLY PHOTOGRAPHY Aerial Operations Manual, Monthly Maintenance Log, and DJI Phantom 2 Vision +, Phantom 3, DJI Inspire I nstruction Manual).Pe tition for Exemption Page 9 of 26

HIFLY PHOTOGRAPHY seeks the requested relief because the DJI Phantom 2 Vis ion+, Phantom 3, DJI Inspire 1 UAs do not require an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H. Therefore, HIFLY PHOTOGRAPHY will ensure that the DJI Phantom 2 Vision+, Phantom 3, DJI Inspire 1 UAs are in airworthy condition based upon its compliance with the operating documents (i.e., Monthly Maintenance Log, and DJI Phantom 2 Vision+, Phantom 3, DJI Inspire Instruction Manual) prior to every flight, and further, determine that t he aircraft are in condition for safe fli ght, as stated in the c onditions and limitations below.

C.03 Extent

O f R elief HIFLY PHOTOGRAPHY Seeks An d The R eason HIFLY PHOTOGRAPHY Seeks Relief From Section 91.121.
Relief from Section 91.121, entitled Altimeter settings, may be required to all ow flight operations of the DJI Pha ntom 2 Vision+, Phantom 3, DJI Inspire 1 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 any altitude information concerning UAS operations be

r eported to air traffic control (ATC) in feet above ground level (AGL), HIFLY PHOTOGRAPHY seeks the requested relief because the DJ I Phantom 2 Vision+, Phantom 3, DJI Inspire 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.

C onsidering the limited altitude of the proposed operations, relief fro m 14 CFR 91.121 is sought to the extent

ne cessary to comply with the applicable conditions and limitations stated below. As more fully set forth herein, an

e quivalent level of safety will be maintained since the DJI Phantom 2 Vision+, Phantom 3, DJI Inspir e 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 di splay of the GCS.

C.04 Extent

O f R elief HIFLY PHOTOGRAPHY Seeks An d The R eason HIFLY PHOTOGRAPHY Seeks Relief From Section 91.151(b).
Relief from Section 91.151(b) entitled Fuel requirements for flight in VFR conditions, is requested to the extent required to allow flights of the battery powered DJI Phantom 2 Vision+, Phantom 3, DJI Inspire 1 UAs during daylight hours in visual meteorological conditions (VMC), under visual flight rules (VFR), for a total durat ion 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 minute s. HIFLY PHOTOGRAPHY seeks the requested relief because without an exemption from Section 91.151(b), the flight ti me duration of the battery powered DJI Phantom 2 Vision+, Phantom 3, DJI Inspire 1 UAs will severely constrain the practicality of any aerial video or still photo flight operations that HIF LY PHOTOGRAPHY p roposes to conduct pursuant to this Petition.Petiti on for Exemption Page 10 of 26

Significantly, as set forth below, the technical specifications of the DJI Phantom 2 Vision+, Phantom 3, DJI Inspire 1 UAs , the DJI Phantom 2 Vision+, Phantom 3, DJI Inspire operating documents, and HIFLY PHOTOGRAPHY’s proposed operating limitations, ensure that HIFLY PHOTOGRAPHY will safely operate the battery powered DJI Phantom 2 Vision+, Phantom 3, DJI Inspire 1 UAs d uring daylight hours in visual meteorological conditions (VMC), under visual flight rules (VFR), with enough battery power to f ly 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.

C.05 Extent

O f R elief HIFLY PHOTOGRAPHY Seeks An d The R eason HIFLY 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, HIFLY PHOTOGRAPHY reque sts relief from these Sections because the DJI Phantom 2 Vision+, Phantom 3, DJI Inspire 1 UAs do not require airworthiness certificates. As set forth more fully below, the DJI Phant om 2 Vision+, Phantom 3, DJI Inspire 1 UAs meet the conditions of FMRA Sec tion 333 for operation without an airworthiness certificate. Accordingly, HIFLY PHOTOGRAPHY will use trained technicians to perform maintenance, alterations, or preventive maintenance on the UAs using the methods, techniques, and practices prescribed in the UAS operating documents (i.e., the HIFLY PHOTOGRAPHY Aerial Operations Manual, Monthly Maintenance Log, and DJI Phantom 2 Vision+, Phantom 3, DJI Inspire Instruction Manual). Furthermore, HIFLY PHOTOGRAPHY will document and maintain all ma intenance records for the DJI Phantom 2 Vision+, Phantom 3, DJI Inspire 1 UAs

.

D. The R easons W hy

G ranting HIFLY PHOTOGRAPHY Request Woul d Be I n The P ublic I nterest; That Is, How It Would Benefit The Public As A Whole.
Granting the present Petition will further the public interest by allowing HIFLY PHOTOGRAPHY to safely, efficiently, and economically perform comme rcial aerial photography and videography services to the general public and local government entities. As tourism is a major economic al factor in the State of Florida, the ability to effectively market our state not only boosts our local economy but also the national economy as well. We look to work with local Florida tourism boards to help provide stunning aerial photography and video graphy at cost effective price points that will promote our state as a magnet for tourism for years to come.
Additionally, use of the DJI Phantom 2 Vision+, Phant om 3, DJI Inspire 1 UAs will decrease congestion of the NAS, reduce pollution, and provide si gnificant benefits t o the economy. Notably, the benefits of H IFLYPeti tion for Exemption Page 11 of 26

PHOTOGRAPHY’s p roposed o peration of t he DJI Phantom 2 V

ision+, P hantom 3, D

JI I nspire platforms will

b e
r ealized without

im plicating

a ny p rivacy is sues.

D.01 The P ublic W

ill Benefit F rom D ecreased C ongesti on Of T he NA S.

The DJI Phantom 2 Vision+, Phantom 3, DJI Inspire 1 UAs are battery powered and serve as a safe, efficient,

a nd economical alternative to the manned aircraft traditionally utilized to obtain aerial imagery. By reducing the

a mount of manned aircraft needed to perform aerial acquisitions, an exemption allowing the use of a DJI Phantom 2 Vi sion+ or DJI Inspire 1 UAS would reduce the amount of manned aircraft in the NAS, reduce noise and air pol lution, as well as increase the safety of life and property in the air and on the ground.
Furthermore, by reducing the n umber of manned aircraft operating in the NAS, congestion around airports

c aused by arriving and departing aircraft will be reduced. The DJI Phantom 2 Vision+, Phantom 3, DJI Inspire pl atforms do not require an airport to takeoff or land. Likewise, a reduc tion of manned aircraft conducting aerial video and photography missions would result in fewer aircraft that must be handled by air traffic control during the g round, takeoff, departure, arrival, and landing phases of flight operations.

D.0 2 The Public Will Be nefit From The Safety And Efficiency Of The DJI Phantom 2 Vision+ & DJI Inspire 1 UAs

.

Con ducting aerial photography operations with the DJI Phantom 2 Vision+, Phantom 3, DJI Inspire 1 UAs , instead of manned aircraft, will greatly benefit the public by d rastically 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+, Phantom 3, DJI Inspire 1 UAs produce no air pollution, and is the most viable environmentally conscious alternative to the cabin class, six cylinder internal combustion engine aircraft that are typically utilized for aerial video and photography, while burning approximately 20

- 30 gallons per hour of leaded aviation fuel. The DJI Phantom 2 Vision+, Phantom 3, DJI Inspire 1 UAs , while reducing the carbon footprint of aerial photography operations , 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 Vision+, Phantom 3, DJI Inspire 1 UAs to perform aerial photography operations , 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 and/ or completely eliminated. Aside from the lack of flight crew members located onboard the aircraft, the DJI Phantom 2 Vision+, Phantom 3, DJI Inspire 1 UAs (weighing approximately 2 pound s 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 noPetiti on for Exemption Page 12 of 26 fuel on board), has far less kinetic and 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 a fuel capacity of 180 gallons).

D.03 Performing Aerial Video and Photography Operations With The DJI Phantom 2 Vision+, Phantom 3, DJI Inspire Platforms Will Benefit The Economy.
In addition to being safe and efficient, the DJI Phantom 2 Vision+, Phantom 3, DJI Inspire 1 UAs are also an

e c onomical alternative to using manned aircraft to conduct similar aerial operations. As such, operation of the DJI Phantom 2 Vision+, Phantom 3, DJI Inspire 1 UAs will allow United States based companies, like HIFLY 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 Agency (“EPA”) regulatory actions phasing out leaded aviation fu els, U.S. owned and operated companies must adopt new and alternative technology in order to

re main competitive. Operating the battery powered DJI Phantom 2 Vision+, Phantom 3, DJI Inspire 1 UAs is one such technology that not only allows companies greate r 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 Vision+, Phantom 3, DJI Inspire 1 UAs, companies such as HIFLY PHOTOGRAPHY, can remain competitive and profitable, and therefore, provide greater job stability to employees and contractors, which will ultimately contribute to growth of the U.S. economy. Improved financial performance of U.S. companies, through commercia l use of the DJI Phantom 2 Vision+, Phantom 3, DJI Inspire 1 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.

E. The Reasons Why Granting The Exemption Would Not Adversely Affect Safety, Or How The Exemption W ould P rovide A L evel O f S afety

A t L east E qual

T o T hat P rovided B y

T he R ule F rom Which HIFLY PHOTOGRAPHY Seeks E xemption.

E.01 Reasons Why The DJI Phantom 2 Vision+, Phantom 3, 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 limited operating area associated with the unmanned aircraft and its operation, HIFLY PHOTOGRAPHY’s operation of the DJI Phantom 2 Vision+, Phantom 3, DJI Inspire 1 UAs meet the conditions of FMRA Section 333, and will not require an airworthiness certificate in accordance with 1 4 C.F.R. Part 21, Subpart H.Pe tition for Exemption Page 13 of 26 Section 333 provides authority for a UAS to operate without airworthiness certification and sets forth requirements for considering whether a UAS will create a hazard to users of the NAS or the public, or otherwise pose a thre at 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 after the date of enactment of this Act, the Secretary of Transpor tation 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 ) Asse ssment 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, p roximity 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 security; and
(2 ) whether a certificate of waiver, certificate o f 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 determi nes under this section that certain unmanned aircraft systems may operate safely in the national airspace system, the Secretary shall establish requirements for the safe operation of such aircraft systems in the national airspace system.
In seeking this exemption, HIFLY PHOTOGRAPHY submits that the DJI Phantom 2 Vision+, Phantom 3, DJI Inspire 1 UAs can operate safely in the NAS pursuant to FMRA Section 333, as demonstrated by: (a) the characteristics of the DJI Phantom 2 Vision+, Phantom 3, DJI Inspire 1 UAs ; (b) the pilot certification requirement; and (c) the s pecific operating limitations. (a) . T he Specifications Of The DJI Phantom 2 Vision+, Phantom 3, DJI Inspire 1 UAs Demonstrate Its Safe Characteristics.

Th e DJI Phantom 2 Vision+, Phantom 3, DJI Inspire 1 UAs do not create a hazard to users of the NAS or the public, or otherwise pose a threat to national security considering its size, weight, speed, and operational capability. i. Technical Specifications Of The DJI Phantom 2 Vision+, Phantom 3, DJI Inspire 1 UAs

.Petition for Exemption Page 14 of 26 The technical specifications of the DJI Phantom 2 Vision+, Phantom 3, DJI Inspire 1 UAs are set forth by the DJI Phantom 2 Vision+, Phantom 3, DJI Inspire Specifications and Data Sheet, attache d hereto as Appendix M.01, M.02 and M.03

. ii. The DJI Phantom 2 Vision+, Phantom 3, DJI Inspire 1 UAs Autonomous Flight And Navigation Modes Enable The UAs To Remain Within A Defined Operational Area.

The DJI Phantom 2 Vision+, Phantom 3, DJI Inspire 1 UAs 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+ , Phantom 3 , DJI Inspire 1 UAs is provided in the User Manuals. iii . The DJI Phantom 2 Vision+, Phantom 3, DJI Inspire 1 UAs Are Designed For Automatic Return To H ome P oint or hover in the event of loss of the control link or navigation

.

When the Co ntrol Link is lost, the DJI Phantom 2 Vision+, Phantom 3, DJI Inspire 1 UAs will remain stationary, in flight, for 3 seconds or more. If, after 3 seconds, the DJI Phantom 2 Vision+ , Phantom 3 , DJI Inspire 1 UAs do not reacquire control link data from the GCS, the UAs will assume that the Control Link is lost and the UAs will

r eturn to the home position (i.e., failsafe mode) via GPS, and will descend to the takeoff position and shutdown.
A complete description of the Failsafe Functions of the DJI Phantom 2 Vision+ UAS are set forth in the DJI Phantom 2 Vision+, Phantom 3, DJI Inspire 1 User Manuals, attached hereto in the Appendix M.01

- M.03

. A complete description of the operation and specifications of the DJI Phantom 2 Vision+, Phantom 3, DJI Inspire 1 GCS and flight control software is provide d in the DJI Phantom 2 Vision+ , Phantom 3 , DJI Inspire 1 User Manuals are attached hereto as Appendix M.01

- M.03

. (b) . Flight Operations Of DJI Phantom 2 Vision+, Phantom 3, DJI Inspire 1 UAs a re limited to the line of sight o f a certificated pilot in command with a safety observer.

(c). F lights O f DJI Phantom 2 V ision+, Phantom 3, DJI I nspire 1 U As Will B e C onducted Pur suant T o Specific O perating

L imitations. HIFLY PHOTOGRAPHY will only utilize certificated Commercial pilots who possess a current and valid airman medical certificate to act as a pilot in command (PIC) of the DJI Phantom 2 Vision+, Phantom 3, DJI Inspire 1 UAs . Additionally, a safety observer will assist all pilots during flight ti me. Both of our pilots are FAA Certified Pilots – one holding a Commercial Multi Engine Airplane rating and the other one an Airline Tr ansport Pilot rating.

In seeking this exemption, HIFLY PHOTOGRAPHY proposes to commercially operate the DJI Phantom 2 Vi sion+, Phantom 3, DJI Inspire platforms for the special purpose of conducting aerial video and photography

over c ertain areas of United States, pursuant to the following specific operating limitations:Peti tion for Exemption Page 15 of 26 1. Operations authorized by this grant of exemption w ill be limited to the following aircraft described in the operating documents, rotorcraft UAs weighing less than 55 pounds maximum gross weight: DJI Phantom 2 Vision+, Phantom 3, DJI Inspire Unmanned Aircraft Systems. Proposed operations of any other aircr aft will require a new petition or a petition to amend this grant.

2. UAS operations under this exemption will be limited to conducting operations for the purpose of aerial video and photography.

3. The UAs may not be flown at an indicated airspeed exceeding 35 mph

.

4. T he 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 request is made and approved by ATC. All altitudes reported to ATC must be in feet AGL.

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

- issued airman medical certificate.

6. The u se of first person view (FPV) by the PIC or safety observer (SO) is not permitted.
7. All op erations 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 fl ight 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 S O must not perform any other duties beyond assisting the PIC with see ing and avoiding other air traffic and other ground based obstacles/obstructions and is not permitted to operate the camera or other instruments.
9. The ope rating documents and the grant of exemption must be accessible during UAS operations and made avai lable 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 a nd present updatedPeti tion for Exemption Page 16 of 26 and revised documents to the Administrator upon request. The operator must also present updated and revised documents if it petitions for extension or amendment to the grant of exemption. If the operator determines that any update or rev ision 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 revisions to the operating documents.

10. Prior to each flight the PIC must inspect the UAS to ensure that it is in a condition for safe flight. If the inspection reveals a condition that affects the safe operation of the UAS, the aircraft is prohibited from operatin g 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 airc raft 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 t est 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 keeping requirements, in accord ance 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 a uthorized person returning the UAS to service.

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

16. The authorized person must make an entry in the aircraft record of the corrective action taken against dis crepancies discovered between inspections.

17. The PIC must possess at least a private pilot certificate and at least a current third - class medical certificate.Pe tition for Exemption Page 17 of 26 18. The operator may not permit any PIC to operate unless the PIC meets the operator’s qualification criteria and demonstrates the ability to safely 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 distance s 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 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. § 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 visual flight rules (SVFR) are not authorized.

20 . The UA may not operate within 5 nautical miles of an airport re ference 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 agree ment with the airport management must be made available to the Administrator upon request.

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

22 . If the UA loses communications or loses its GPS signal, it must return to a 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 th e 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 of Waiver or Authorization (COA) prior to conducting any operations under the grant of exemp tion. This COA will also require the operator to request a Notice to Airman (NOTAM) not more than 72 hours in advance, but notPe tition for Exemption Page 18 of 26 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 number, registered in accordance with 14 C.F.R. part 47, and have identification (N - Number) markings in accordance with 14 C.F.R. part 45, Subpart C. Markings must be as large as practicable.

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

28 . The documents required fewer than 14 C.F.R. 91.9 and 91.203 must be available to the PIC at the Ground Control Station of the UAS any time the UAS is operating. These documents must be made available to the Administrator or any law enforcement official upon request.

29 . The UA must remain clear and yield 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 determined that it does not present an un due 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).Petiti on for Exemption Page 19 of 26 32. All operations shall be conducted over private or controlled

- access property with permissio n 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. A ny incident, accident, or flight operation that transgresses the late ral 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 instruction s contained on the NTSB Web site: www.ntsb.gov

.

F. Reas ons Why An Exemption From The Requirements Of Section 61.113(a) And (b) Would Not Adversely Affect Safety.

HIFLY PHOTOGRAPHY submits that the equivalent level of safety established by Section 61.113(a) and (b) will be maintained because no PIC will be allowed to operate the DJI Phantom 2 Vision+, Phantom 3, DJI Inspire 1 UAs unless that PIC has demonstrated, by meeting minimum flight -h our and currency requirement s, t hat the PIC is able to safely operate the DJI Phantom 2 Vision+ or DJI Inspire 1 UAS in a manner consistent with the exemption, including evasive and emergency maneuvers and maintaining appropriate distances from people, vessels, vehic les and structures.
Considering HIFLY PHOTOGRAPHY’s proposed area of operations, and the operating limitations set forth -a bove; 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 safely oper ate the DJI Phantom 2 Vision+, DJI Phantom 3, and DJI Inspire 1 UAS, HIFLY PHOTOGRAPHY submits that the additional manned airmanship experience of a commercially certificated pilot would not correlate to the airmanship skills necessary for HIFLY PHOTOGRAPHY’s s pec ific proposed flight operations.
The FAA has previously granted relief from Section 61.113(a) and (b) specific to UAS, in circumstances similar, in all material respects, to those presented herein (e.g. Exemption Nos. 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110, 11112, 11136, 11138, 11150, 11153, 11156, 11158, 11159, 11160, 11161).

HIFLY PHOTOGRAPHY will not allow any PIC to operate the DJI Phantom 2 Vision+ or DJI Inspire 1 UAS unless that PIC has demonstrated, by meeting minimum flight -h our requirements or the DJI Phantom 2 Vision+ or DJI Inspire 1 UAS training and currency requirements, that the PIC is able to safely operate the DJI Phantom 2 Vision+ or DJI Inspire 1 UAS in a manner consistent with this exemption, including evasive and emergency maneuvers and maintaining appropriate distances from people, vessels, vehicles and
structures.Pe tition for Exemption Page 20 of 26

Specifically, the PIC must have accumulated and logged, in a manner consistent with 14 C.F.R. § 61.51(b), 25 hou rs of total time as a UAS rotorcraft pilot (with a minimum of 5 hours of those hours as a UAS pilot operating the

s ame make and model of UAS to be used for operations under the exemption). In addition to the ho ur requirements,
t he 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 HIFLY PHOTOGRAPHY’s proposed operations. The Administrator has held that prior documented flight experience that

w as obtained in compliance with applicable regulations would ensure safe operations, st ating as follows:
In Exemption No. 11062, the FAA required that prior to conducting operations for the purpose of motion pi cture 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 logged as a UAS pilot with a

m ulti

- 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 t he 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

a dditive; i.e. 5 hours make and model time may be included in the 10 hours of mu lti

- r otor time and the 10 hours may be included in the total 25 hours of UAS rotorcraft time. In addition to the hour requirements, the PIC must

a ccomplish 3 takeoffs and landings in the preceding 90 days (for currency purposes). The FAA finds that at a mi n imum, the flight

- hour requirements in Exemption No. 11062 are appropriate to practice and build proficiency in
t he skills necessary to safely conduct the petitioner’s proposed operations. The FAA also finds that prior documented flight experience that was o btained 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

r equired flight time. During training, proficien cy, and experience

- building flights the PIC is required to operate the U A with appropriate distances in accordance with 14 C.F.R 91.119.
Accordingly, HIFLY PHOTOGRAPHY will ensure safe operations by not allowing any PIC to operate the DJI Phantom 2 Vision+ or DJI Inspire 1 UAS unless that PIC has demonstrated, by meeting minimum flight

hour and currency requirements, that the PIC is able to safely operate the DJI Phantom 2 Vision+ or DJI Inspire 1 UAS in a manner consistent with the exemption, including evasive and emergency maneuvers and maintaining appr opriate distances from people, vessels, vehicles and structures.Peti tion for Exemption Page 21 of 26 G. 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, HIFLY PHOTOGRAPHY will ensure that the DJI Phantom 2 Vision+ 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 here in (e.g. Exemption Nos. 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110, 11112, 11136, 11138, 11150, 11153, 11156, 11157, 11158, 11159, 11160, 11161).

H. Rea sons Why An Exemption From The Requirements Of Section 91.121 Would Not Adversely Aff ect Safety.

T he equivalent level of safety established by Section 91.121 will be maintained because the altitude information of the DJI Phantom 2 Vision+, Phantom 3, DJI Inspire 1 UAs w ill be provided to the PIC via GPS equipment and a

r adio communications telemetry data link, which downlinks from the UA to the GCS for active monitoring of the flight path and altitude. This altitude informati on, combined with HIF LY PHOTOGRAPHY’s operation of the DJI Phantom 2 Vision+, Phantom 3, DJI Inspire 1 UAs wit hin 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 aircraft. Prior to each flight, a zero altitude initiation poi nt is automatically established by the UAs a t 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, 11109, 11112, 11136, 11138, 11150, 11153, 11156, 11157, 11158, 11159, 11160, 11161).

I. Rea sons Why An Exemption From The Requirements Of Section 91.151(b) Would Not Adversely Affect Safety.
A gr ant 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 Vision+, Phantom 3, DJI Inspire 1 UAs ; (2) the limitations on the proposed flight operations; and (3) the location of the proposed flight operations. Accordingly,Petiti on for Exemption Page 22 of 26

HIFLY PHOTOGRAPHY will ensure that it will safely operate the battery powered DJI Phantom 2 Vision+, Phantom 3, 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 aft er that for at least 4.5 minutes.
Here, as in Exemption No. 11109, the technical specifica tions of the DJI Phantom 2 Vision+, Phantom 3, DJI Inspire 1 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). Furtherm ore, safety will be ensured as the DJI Phantom 2 Vision+, Phantom 3, DJI Inspire 1 UAs provide audible and visual

war nings to the PIC at the GCS when the UAs experiences low battery voltage, the first warning occurring at approximately 33% remaining batter y power, and again at approximately 10% remaining battery power. At the critically low battery level, the DJI Phantom Vision+ and DJI Inspire 1 U As w ill descend and land automatically.
Significantly , previous exemptions granted by the FAA concerning Sect ion 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 material respects, to those presented herein (e.g. Exemption Nos. 8811, 10808, 10673, 11042, 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110, 11136, 11138, 11150, 11153, 11156, 11157, 11158, 11159, 11160, 11161).

J. Reas ons 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, HIFLY 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 HIFLY PHOTOGRAPHY will use trained technicians to perform maintenance, alterations, or preventive maintenance on the UAs using the methods, techniques, and practices prescribed i n the operating d ocuments (i.e., the HIFLY PHOTOGRAPHY Aerial Operations Manual, Monthly Maintenance Log, and DJI Phantom 2 Vision+, Phantom 3, DJI Inspire Instruction Manual). Furthermore, HIFLY PHOTOGRAPHY will document and maintain all mainten ance records for the DJI Phantom 2 Vision+, Phantom 3, DJI Inspire 1 UAs

.

Since the DJI Phant om 2 Vision+, Phant om 3 , DJI Inspire 1 UAs will be inspected as prescribed by the operating d ocuments, HIFLY PHOTOGRAPHY w ill maintain the equivalent leve l of safety established by SectionsPetiti on for Exemption Page 23 of 26

91.405(a), 91.409(a)(1), and 91.409(a)(2). A copy of the DJI Phantom 2 Vision+, Phantom 3, DJI Inspire U ser Manuals are attached hereto as Exhibit C and D; a copy of the DJI Phantom 2 Vision+, Phantom 3, DJI Inspire 1 UAs M aintenance LOG is attached hereto as Exhibit E.
Likewise, the exemption sought will not adversely affect safety because HIFLY PHOTOGRAPHY will use trained technicians to perform maintenance, alterations or preventive maintenance on the UAS using th e methods, techniques, and practices prescribed by the operating documents.

Fur thermore, 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+, Phantom 3, DJI Inspire 1 UAs will be performed by trained technicians. 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 limitat

ions of the UAS are considered.

In consideration of HIFLY PHOTOGRAPHY‘s proposed operatin g limitations, the operating documents, and the technical aspects of the DJI Phantom 2 Vision+, Phantom 3, DJI Inspire 1 UAs , HIFLY PHOTOGRAPHY submits that safety will not be adversely affected by granting exemption from 14 C.F.R. Sections 91.405(a), 91.407(a)(1) and (a)(2), 91.409(a)(2), and 91.417(a) and (b). The FAA has previously 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).

K. The F AA

M ay Prescribe A ny

O ther C onditions F or S afe O peration.

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, HIFLY PHOTOGRAPHY requests that the FAA prescribe special conditions for the intended operation of the DJI Phantom 2 Vision+, Phantom 3, DJI Inspire 1 UAs , 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. FMRA Section 333 sets forth the requireme nts for considering whether a UAS will create a hazard to users ofPeti tion for Exemption Page 24 of 26

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.
Likewise, the Administrator may prescribe special conditions pursuant to 14 C.F.R. § 21.16, for operation of the DJI Phantom 2 Vision+, Phantom 3, DJI Inspire 1 UAs , si nce the airworthiness regulations of 14 C.F.R. Part 21 do not contain adequate or appropriate safety standards, due to the novel or unusual des ign features of the aircraft. Section 21.16, entitled Special Conditions, states the following:

If the FAA find s that the airworthiness regulations of this subchapter do not contain adequate or appropriate safety standards for an aircraft, aircraft engine, or propeller because of a novel or unusual design feature of the ai rcraft, aircraft engine or propeller, he pr escribes 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 ai rcraft, aircraft engine or propeller as the FAA finds necessary to establish a level of safety equivalent to that established in the regulations. S ee 14 C.F.R. § 21.16.
Therefore, in accordance with FMRA Section 333 and 14 C.F.R. § 21.16, the FAA may prescribe special condi tions for Leading Edge’s intended operation of the DJI Phantom 2 Vision+, Phantom 3, DJI Inspire 1 UAs ,
w hich contain such safety standards that the Administrator finds necessary to establish a level of safety equivalent to th at 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)

. This exemption will permit HIFLY 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. Any Additional Information, Views, Or Arguments Available To Support HIFLY PHOTOGRAPHY . This Petition is made pursuant to the FAA Modernization and Reform Act of 2012
(FM RA) Section 333 , which directs the Secretary of Transportation to determine if certain UAS may operate safely in the NAS. As such, HIFLY PHOTOGRAPHY request for exemption may be granted pursuant to the authority of FMRA Section 333 and 14 C.F.R. Part 11, as set fort h 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 op erate witho ut airworthiness certification.Petition for Exemption Page 25 of 26

As discussed in detail above, HIFLY PHOTOGRAPHY will operate the DJI Phantom 2 Vision+, Phantom 3, DJI Inspire 1 UAs safely in the NAS, without creating a hazard to users of the NAS, or the public, or otherwise pose a t hreat to national security.

L. CONCLUSION

As set forth herein, HIFLY PHOTOGRAPHY 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 Pha ntom 2 Vision+, Phantom 3, DJI Inspire 1 UAs 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 Petit ion, the FAA Administrator wi ll be fulfilling the Congressional mandate of the FAA Modernization and Reform Act of 2012, w hile also advancing the interests of the public, by allowing HIFLY PHOTOGRAPHY to safely, efficiently, and economically operate the DJI Phantom 2 Vision+, Phantom 3, DJI Inspire 1 UAs commercially within the NAS.

Wherefore , in accordance with the Federal Aviation Regulations and the FAA Modernization and Reform Act of 2012, Sec tion 333, HIFLY 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 HIFLY PHOTOGRAPHY to operate the DJI Phantom 2 Vision+, Phantom 3, DJI Inspire 1 UAs commercially for the purpose of conducting aerial photography

a nd videography

o ver c ertain areas of the United States.

Date d: September 18 , 2 015 Respectfully

s ubmitted
Chris Stoddart

HIFLY PHOTOGRAPHYPetiti on for Exemption Page 26 of 26 M. Appendices: M.01 DJI Phantom 2 Vision+ User Manual M.01a Specifications

M.02 DJI Phantom 3 User Manual M.02a Specifications

M.03 DJI Ins pire 1 User Manual M.03a Specifications