### 1 D

- Drones LLC



### UNITED STATES OF AMERICA DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION

WASHINGTON, DC

IN THE MATTER OF THE PETITION FOR EXEMPTION OF:



### D

- Drones LLC

FOR AN EXEMPTION SEEKING RELIEF FROM THE REQUIREMENTS OF TITLE 14 OF THE CODE OF FEDERAL REGULATIONS SECTIONS 61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), AND 91.417(a) & (b) CONCERNING COMMERCIAL OPERATI ON OF DJI PHANTHOM 3 PROFESSIONAL & DJI PHANTOM 2 VISION+ UNMANNED AIRCRAFT SYSTEMS PURSUANT TO SECTION 333 OF THE FAA MODERNIZATION AND REFORM ACT OF 2012 (PUBLIC LAW 112

- 95)

D

- Drones LLC 185 Bricknell Ln. Coppell, TX 75019 Ph: 469

- 233

- 4694

### 2 TABLE OF CONTENTS

GLOSSARY OF ABBREVIA TIONS

................................ ................................ ................................ ................................ ................................ .......................... 3

SUMMARY

................................ ................................ ................................ ................................ ................................ ................................ ................................ ......... 4

INTRODUCTION AND INT ERESTS OF THE PETITI ONER

................................ ................................ ................................ ................................ .............. 4

BASIS FOR PETITION

................................ ................................ ................................ ................................ ................................ ................................ ..................... 5

A. NAME AND ADDRESS OF THE PETITIONER

................................ ................................ ................................ ................................ ............................ 7

B. THE SPECIFIC SECT IONS OF 14 C.F.R. FR OM WHICH D

- DRONES LLC SEEKS EXEMPTION

................................ ......................... 7

C. THE EXTENT OF REL IEF D

- DRONES LLC SEEKS AND THE REASON D

- DRONES LLC SEEKS THE RELIEF

................................ 10

D. THE REASONS WHY G RANTING D

- DRONES LLC REQUEST WOULD BE IN THE INTEREST; THAT I S, HOW IT WOULD BENEFIT THE PUBLIC A S A WHOLE.

................................ ................................ ................................ ................................ ................................ .................. 13

E. THE REASONS WHY G RANTING THE EXEMPTIO N WOULD NOT ADVERSEL Y AFFECT SAFETY, OR HOW THE EXEMPTION WOULD PROV IDE A LEVEL OF SAFET Y AT LEAST EQUAL TO THAT PROVIDED BY THE RULE FROM WH ICH D

- DRONES LLC SEEKS EXEMPTION

................................ ................................ ................................ ................................ ................................ ................. 15

F. A SUMMARY THAT CA N BE PUBLISHED IN TH E FEDERAL REGISTER S TATING: THE RULES FR OM WHICH D

- DRONES LLC SEEKS EXEMPTION

................................ ................................ ................................ ................................ ................................ ................................ ........... 25

G. ANY ADDITIONAL IN FORMATION, VIEWS, OR ARGUMENTS AVAILABLE TO SUPPORT D

- DRONES LLC 'S REQUEST

................................ ................................ ................................ ................................ ................................ ................................ ................................ .............................. 25

H. IF YOU WANT TO EX ERCISE THE PRIVILEGE S OF YOUR EXEMPTION OUTSIDE THE UNITED S TATES, THE REASON WHY YOU NEED TO DO S O.

................................ ................................ ................................ ................................ ................................ ................................ 25

CONCLUSION

................................ ................................ ................................ ................................ ................................ ................................ .............................. 26

APPENDIX

................................ ................................ ................................ ................................ ................................ ................................ ................................ ....... 27

### 3 GLOSSARY OF ABBREVIATIONS

AGL Above Ground Level

AOI Area of Intere st

ATC Air Traffic Control

ATO Air Traffic Organization

AV Aerial Vehicle

CFR Code of Federal Regulations

COA Certificate Of Authorization

DJI2+ DJI Phantom 2 Vision+

DJI3P DJI Phantom 3 Professional

FAA Federal Aviation Administration

FAR Federal Aviation Regulation

GCS Ground Control Station

GPS Global Positioning System

LOL Loss Of Link

NAS National Airspace System

NOTAM Notice To Airman

PIC Pilot In Command

Section 333 FAA Modernization and Reform Act of 2012 (FMRA) Section 333

SO Safety Observer

SOP Standard Operating Procedures

UA Unmanned Aircraft

UAS Unmanned A ircraft System

VFR Visual Flight Rules

VLOS Visual Line Of Site

VMC Visual Meteorological Conditions

VTOL Vertical Take

- Off and Landing

### 4 SUMMARY

D

- Drones LLC 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 to ope rate an Unmanned Aircraft System (UAS) for the commercial purpose of conducting aerial video and photography of construction sites, real estate and landscape over certain areas of the United States.



### INTRODUCTION AND INTERESTS OF THE PETITIONER

D

- Drones LLC provides his clients with expertise and knowledge in advanced photography and video solutions to increase efficiency, productivity and effectiveness. D

- Drones LLC has over 9 yea rs of experience in Photography and Video Technology. He has over 5 years recreational and hobby experience in all aspects of aerial video and photography.

The objective of D

- Drones LLC ’s aerial video and photography operations is to provide high quality imaging for a variety of commerc ial, public and residential uses specifically targeting:

• Construction sites before, after and during the different phases

• Appraisals Real

- estate & marketing/advertising

• Aerial acquisitions used for inspections of public and private structures.

• Search a nd Rescue operations

• Flood prevention/monitoring

### 5 BACKGROUND

Unmaned Aircraft Systems: DJI Phantom 2 Vision+ (DJI2+) & DJI Phantom 3 Professional (DJI3P) UAS's

D

- Drones LLC seeks an exemption to operate DJI 2+ & DJI3P systems for compensation or hire within the NAS. The DJI2+ and DJI3P are vertical take off and landing (VTOL) Unmanned Aircraft (UA) with a Ground Contr ol Station (GCS) Utilizing a 2.4G hz Remote Control system

. The DJI2+ has a maximum gross weight (inclu ding Battery, Camera and Propellers) of approximately 2 pounds 12 ou nces, while having a width of 11.2 in ches and a height of 7 inches, and a m aximum speed of approximately 5 m/s.

The DJI3P has a maximum gross weight (including Battery, Camera and Propelle rs) of 2 pounds 13 ounces, a length of 12 .3 inches, width of 11.5 inches, height of 7.1 inches, and a maximum speed of Approximately 5 m/s

. Both units are equipped with 4 main rotors utilizing Lithium Polymer batteries to power the electric motors. Both u nits has also GPS and intelligent safety landing sensors to prevent any accidents and ensure safety flights during operations, detecting any malfunctions, battery problems and returning automatically to the safety take

- off/landing location. Their maximum time on air is approx. 15 minutes.

The DJI Phantom 2 Vision+ (DJI2+) & DJI Phantom 3 Professional (DJI3P) UAS's that will be operated by D

- Drones LLC 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, D

- Drones LLC , pursuant to the provisions of the Federal Aviation Regulations (14 C.F.R. § 11.61) and the FAA Modernization and Reform Act of 2012 (FMRA), Section 333, Special Rules for Certain Unmanned Aircraft Systems , hereby petitions the Administrator to commercia lly operate the DJI Phantom 2 Vision+ (DJI2+) & DJI Phantom 3 Professional (DJI3P) UAS's 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, D

- Drones LLC ’s operation of DJI Phantom 2 Vision+ (DJI2+) & DJI Phantom 3 Professional (DJI3P) UAS's 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, D

- Drones LLC 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.

### 6 D

- Drones LLC submits that the requested relief is proper since an equivalent level of safety will be ensured. D

- Drones LLC will use experienced personnel or technicians to perform maintenance, alterations, or preventive maintenance on the UAS's using the methods, techniques, and practices prescribed in the ope rating documents (i.e., Monthly Maintenance Log, and DJI Phantom 2 Vision+ (DJI2+) & DJI Phantom 3 Professional (DJI3P) Instruction Manual).

Furthermore, D

- Drones LLC will document and maintain all maintenance records for the DJI Phantom 2 Vision+ (DJI2+) & DJI Phantom 3 Professional (DJI3P) UAS's.

Relief from certain requirements of Section 61.113(a) and (b), entitled Private pilot privileges and limitations: Pilot in command , is requested by D

- Drones LLC to the extent necessary to allow a Pilot in Command (PIC) holding a private pilot or higher level certificate, as well as an airman medical certificate, and who has demonstrated, by meeting minimum flight

- hour and current requirements, that the PIC is ab le to safely operate the DJI Phantom 2 Vision+ (DJI2+) & DJI Phantom 3 Professional (DJI3P) UAS's in a manner consistent with this exemption, including evasive and emergency maneuvers and maintaining appropriate distances from people, vessels, vehicles and structures.

D

- Drones LLC seeks relief from Section 91.7(a), entitled Civil aircraft airworthiness , because the DJI Phantom 2 Vision+ (DJI2+) & DJI Phantom 3 Professional (DJI3P) UAS's do not require an airworthiness certificate in accordance wi th 14 C.F.R. Part 21, Subpart H. As such, D

- Drones LLC submits that he will ensure that the DJI Phantom 2 Vision+ (DJI2+) & DJI Phantom 3 Professional (DJI3P) UAS's are in an airworthy condition, prior to every flight, by determining that the UAS 's are in compliance with the operating documents (i.e., Monthly Maintenance Log, DJI Phantom 2 Vision+ (DJI2+) & DJI Phantom 3 Professional (DJI3P) Instruction Manual), and that the aircraft are in a condition for safe flight. D

Drones LLC also seeks an exemption from the requirements of Section 91.121, entitled Altimeter Settings , as the DJI Phantom 2 Vision+ (DJI2+) & DJI Phantom 3 Professional (DJI3P) UAS's will not have a typical barometric altimeter onboard. However, altitude informati on of the DJI Phantom 2 Vision+ (DJI2+) & DJI Phantom 3 Professional (DJI3P) UAS's will be provided to the PIC via Global Positioning System (GPS) equipment and radio communications telemetry data link, which downlinks from the UAS to the GCS for active mo nitoring of the flight path. This altitude information, combined with D

Drones LLC ’s operation of the DJI Phantom 2 Vision+ (DJI2+) & DJI Phantom 3 Professional (DJI3P) UAS's within visual line of sight, at or below 400 feet AGL, will ensure a le vel of safety equivalent to Section 91.121.

Additionally, D

- Drones LLC seeks an exemption from the requirements of Section 91.151(b), entitled Fuel requirements for flight in VFR conditions

. D

- Drones LLC submits that safety will not be affected by operation of the DJI Phantom 2 Vision+ (DJI2+) & DJI Phantom 3 Professional (DJI3P) UAS's during daylight hours in visual meteorological conditions (VMC) under visual flight rules (VFR), with enough battery power to fly for a total duration of approximately 10 minutes for the intended photo shoot and, assuming normal cruising speed, to fly after that for at least 2.5 minutes for recovery and landing.

### 7 In accordance with 14 C.F.R. § 11.81, D

- Drones LLC provides the following informa tion in support of its petition for exemption:

A. Name And Address Of The Petitioner

The name and address of the Petitioner and point of contact is:

D

- Drones LLC

185 Bricknell Ln. Coppell, Texas 75019

Ph. 469

- 233

- 4694

Email: rolomeli @ d

- drones.com

B. The Specific Sections Of 14 C.F.R. From Which D

- Drones LLC seeks Exemption

1. D

- Drones LLC Seeks Exemption From The Requirements Of Section 61.113(a) And (b). Section 61.113, entitled Private pilot privileges and limitations: Pilot in command , subsections (a) and (b) prescribe the following, in relevant part:

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

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

2 D

- Drones LLC Seeks Exemption From The Requirements Of Section 91.7(a).

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

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

3. D

- Drones LLC Seeks Exemption From The Requirements Of Section 91.121.

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

### 8 (a) Each person operating an aircraft shall maintain the cruising altitude or flight level of that aircraft, as the case may be, by reference to an altimeter that is set, when operating

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

--
(i) The current reported altimeter s etting 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 depart ure.

4. D

- Drones LLC Seeks Exemption From The Requirements Of Section91.151(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 un der VFR conditions unless (considering wind and forecast weather conditions) there is enough fuel to fly to the first point of intended landing and, assuming normal cruising speed, to fly after that for at least 20 minutes.

5. D

- Dr ones LLC Seek s Exemption From The Requirement Of Section91.405(a).

Section 91.405, entitled Maintenance required , subsection (a), states the following:

Each owner or operator of an aircraft

—
(a) Shall have that aircraft inspected as prescribed in subpart E of this p art and shall between required inspections, except as provided in paragraph (c) of this section, have discrepancies repaired as prescribed in part 43 of this chapter[.]

6. D

- Drones LLC Seeks Exemption From The Requirements Of Section 91.407(a)(1)

Section 91.407, entitled Operation after maintenance, preventive maintenance, rebuilding, or alteration ,subsection (a)(1), states the following:

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

--
(1) It has been approved for return to service by a person authorized under § 43.7 of this chapter.

### 9 7. D

- Drones LLC Seeks Exemption From The Requirements Of Sections 91.409(a)(1) And 91.409(a)(2).

Section 91.409, entitled Inspections , subsection (a), states the following: (a) Except as provided in paragraph (c) of this section, no person may operate an aircraft unles s, 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 issuan ce of an airworthiness certificate in accordance with part 21 of this chapter.

8. D

- Drones LLC Seeks Exemption From The Requirements Of Sections 91.417(a) And 91.417(b).

Section 91.417, entitled Maintenance records , subsections (a) and (b), st ate the following:

(a) Except for work performed in accordance with §§ 91.411 and 91.413, each registered owner or operator shall keep the following records for the periods specified in paragraph (b) of this section:

(1) Records of the maintenance, preve ntive 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, propeller, rotor, and appliance of an aircraft. The records must include

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

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

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

(2) Records containing the following information:

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

(ii) Th e current status of life

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

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

(iv) The current in spection status of the aircraft, including the time since the last inspection required by the inspection program under which the aircraft and its

### 10 appliances are maintained.

(v) The current status of applicable airworthiness directives (AD) and safety dire ctives 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 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 re tained until the defects are repaired and the aircraft is approved for return to service.

C. The Extent Of Relief D

- Drones LLC Seeks And The Reason D

- Drones LLC Seeks The Relief.

1. Extent Of Relief D

- Drones LLC Seeks And The Reason D

- Drones LLC Seeks Relief From Section 61.113(a) And (b). Relief from Section 61.113(a) and (b) entitled Private pilot privi leges and limitations: Pilot in command , is requested to the extent necessary to allow a PIC holdin g 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 compensation or hire, act as PIC of an aircraft in connection with any business or employment if: (1) The flight is only incidental to that business or employment; and (2) The aircraft does not carry passengers or property for compensation or hire.

As set forth more fully below, D

- Drones LLC submits that an equivalent level of safety will be maintained because no PIC will be allowed to operate DJI Phantom 2 Vision+ (DJI2+) or DJI Phantom 3 Professional (DJI3P) UAS's unless that PIC has met certain flight

- hour and current requirements, demonst rating that the PIC is able to safely operate either the DJI Phantom 2 Vision+ (DJI2+) or DJI Phantom 3 Professional (DJI3P) UAS's in a manner consistent with the operations specifications as described in this exemption, including evasive and emergency man euvers, as well as maintaining appropriate distances from people, vessels, vehicles and structures.

Further, D

- Drones LLC submits that all flights of the DJI Phantom 2 Vision+ (DJI2+) & DJI Phantom 3 Professional (DJI3P) UAS's, conducted by the PIC pursuant to the grant of this Petition: (1) will be

### 11 incidental to D

- Drones LLC 's business; and (2) will not carry passengers or property for compensation or hire.

2.Extent Of Relief D

- Drones LLC Seeks And The Reason D

- Drones LLC Seeks Relief From Section 91.7(a).

Relief from Section 91.7(a) entitled Civil aircraft airworthiness , is requested to the extent required to allow D

- Drones LLC to determine that the DJI Phantom 2 Vision+ (DJI2+) & DJI Phantom 3 Professional (DJI3P) UAS's are in airworthy condition prior to every flight by ensuring that the UAS is in compliance with the operating documents (i.e., the Monthly Maintenance Log and DJI Phantom 2 Vision+ (DJI2+) & DJI Phantom 3 Professional (DJI3P) ins truction manuals.

D

- Drones LLC seeks the requested relief because the DJI Phantom 2 Vision+ (DJI2+) & DJI Phantom 3 Professional (DJI3P) UAS's do not require an airworthiness certificate in accordance with C.F.R. Part 21, Subpart H.

Therefore, D

- Drones LLC will ensure that the DJI Phantom 2 Vision+ (DJI2+) & DJI Phantom 3 Professional (DJI3P) UAS's are in airworthy condition based upon its compliance with the operating documents (i.e., Monthly Maintenance Log, and DJI Phantom 2 Vision+ (DJI2+) & DJI Phantom 3 Professional (DJI3P) Instruction Manual) prior to every flight, and further, determine that the aircraft are in condition for safe flight, as stated in the conditions and limitations below.

3. Extent Of Relief D

- Drones LLC Seeks And The Reason D

- Drones LLC Seeks Relief From Section 91.121.

Relief from Section 91.121, entitled Altimeter settings, may be required to allow flight operations of the DJI Phantom 2 Vision+ (DJI2+) & DJI Phantom 3 Professional (DJI3P) UAS's, 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 reported to air traffic control (ATC) in feet above ground level (AGL), D

- Drones LLC seeks the requested relief because the DJI Phantom 2 Vision+ (DJI2+) & DJI Phantom 3 Professional (DJI3P) UAS’s altimete r may be set on the ground to zero feet AGL, rather than the local barometric pressure or field altitude, before each flight.

Considering the limited altitude of the proposed operations, relief from 14 CFR 91.121 is sought to the extent necessary to compl y with the applicable conditions and limitations stated below. As more fully set forth herein, an equivalent level of safety will be maintained since the DJI Phantom 2 Vision+ (DJI2+) & DJI Phantom 3 Professional (DJI3P) UAS's are equipped with a barometri c pressure sensor and GPS equipment, which automatically ensures that a ground level pressure setting will be established prior to each flight, and provides the PIC with altitude information of the UA on the heads

- up display of the GCS.

4. Extent Of Relie f D

- Drones LLC Seeks And The Reason D

- Drones LLC Seeks Relief From Section

### 12 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+ (DJI2+) & DJI Phantom 3 Professional (DJI3P) UAS's during daylight hour s in visual meteorological conditions (VMC), under visual flight rules (VFR), for a total duration of 10 minutes to the first point of intended landing and, assuming normal cruising speed, to fly after that for at least 2.5 minutes. D

Drones LLC seeks the requested relief because without an exemption from Section 91.151(b), the flight time duration of the battery powered DJI Phantom 2 Vision+ (DJI2+) & DJI Phantom 3 Professional (DJI3P) UAS's will severely constrain the practicality of any aerial video or still photo flight operations that D

- Drones LLC proposes to conduct pursuant to this Petition.

Significantly, as set forth below, the technical specifications of the DJI Phantom 2 Vision+ (DJI2+) & DJI Phantom 3 Professional (DJI3P) UA S's, DJI Phantom 2 Vision+ (DJI2+) & DJI Phantom 3 Professional (DJI3P) operating documents and D

- Drones LLC 's proposed operating limitations, ensure that D

Drones LLC will safely operate the battery powered DJI Phantom 2 Vision+ (DJI2+ ) & DJI Phantom 3 Professional (DJI3P) UAS's during daylight hours in visual meteorological conditions (VMC), under visual flight rules (VFR), with enough battery power to fly for a total duration of 10 minutes to the first point of intended landing and, a ssuming normal cruising speed, to fly after that for at least 2.5 minutes.

5.Extent Of Relief D

- Drones LLC Seeks And The Reason D

- Drones LLC Seeks Relief From Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), And 91.417(a) & (b)

. Since Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b) only apply to aircraft with an airworthiness certificate, D

- Drones LLC requests relief from these Sections because the DJI Phantom 2 Vision+ (DJI2+) & DJI Phantom 3 Professional (DJI3P) UAS's do not require airworthiness certificates. As set forth more fully below, the DJI Phantom 2 Vision+ (DJI2+) & DJI Phantom 3 Professional (DJI3P) UAS's meet the conditions of FMRA Section 333 for operation without an air worthiness certificate.

Accordingly, D

- Drones LLC will use trained tech nicians to perform maintenance, alterations, or preventive maintenance on the UAS's using the methods, techniques, and practices prescribed in the UAS operating documents (i. e., the Aerial Operations Manual, Monthly Maintenance Log, and DJI Phantom 2 Vision+ (DJI2+) & DJI Phantom 3 Professional (DJI3P) Instruction Manual).

Furthermore, D

- Drones LLC will document and maintain all maintenance records for the DJI Phant om 2 Vision+ (DJI2+) & DJI Phantom 3 Professional (DJI3P) UAS's.

### 13 D. The Reasons Why Granting D

- Drones LLC Request Would Be In The Interest; That Is, How It Would Benefit The Public As A Whole. Granting the present Petition will further the public interest by allowing D

- Drones LLC to safely, efficiently, and economically perform aerial video and photography of construction sites, real estate, and landscape over certain areas of the Unit ed States

. Additionally, use of the DJI Phantom 2 Vision+ (DJI2+) & DJI Phantom 3 Professional (DJI3P) UAS's will decrease congestion of the NAS, reduce pollution, and prov ide significant benefits to the economy. Notably, the benefits of D

- Drones LLC 's proposed operation of the DJI Phantom 2 Vision+ (DJI2+) & DJI Phantom 3 Professional (DJI3P) UAS's will be realized without implicating any privacy issues.

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

The DJI Phantom 2 Vision + (DJI2+) & DJI Phantom 3 Professional (DJI3P) UAS's 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 the DJI Phantom 2 Vision+ (DJI2+) & DJI Phantom 3 Professional (DJI3P) UAS's would reduce the amount of manned aircraft in the NAS, reduce noise and air pollution, as well as increase the safety of life and property in the air and on the ground.

Furthermore, by reducing the number of manned aircraft operating in the NAS, congestion around airports caused by arriving and departing aircraft will be reduced. The DJI Phantom 2 Vision+ (DJI2+) & DJI Phantom 3 Professional (DJI3P) UAS's 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 t he ground, takeoff, departure, arrival, and landing phases of flight operations.

2. The Public Will Benefit From The Safety And Efficiency Of The DJI Phantom 2 Vision+ (DJI2+) & DJI Phantom 3 Professional (DJI3P) UAS's.

Conducting aerial acquisitions wit h the DJI Phantom 2 Vision+ (DJI2+) & DJI Phantom 3 Professional (DJI3P) UAS's instead of manned aircraft, will greatly benefit the public by drastically reducing the levels of air and noise pollution generated during traditional aerial video and still pho tography flight operations. By using battery power and electric motors, the DJI Phantom 2 Vision+ (DJI2+) & DJI Phantom 3 Professional (DJI3P) UAS's 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

- 3 0 gallons per hour of leaded aviation fuel. The DJI Phantom 2 Vision+ (DJI2+) & DJI Phantom 3 Professional (DJI3P) UAS's, while reducing the carbon footprint of aerial acquisitions, also eliminates noise pollution, as the UA's are propelled by battery powe red electric motors, rather than an internal combustion engine.

By using the DJI Phantom 2 Vision+ (DJI2+) & DJI Phantom 3 Professional (DJI3P) UAS's to perform aerial acquisitions, the substantial risk to life and property in the air and on the ground, w hich 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

### 14 DJI Phantom 2 Vision+ (DJI2+) & DJI Phantom 3 Professional (DJI3P) UAS's (weighing approximately 2 pounds 12 ounces and 2 pounds 13 ounces respectively, at their maximum gross weights with respectively (and with no fuel on board) has less physical potential for collateral damage to life and property on the ground, and in the air, compared to the manned aircraft that typically conduct similar operations (weighing approximately 6,000 pounds, and a fuel capacity of 180 gallons.

3. Performing Aerial Video and Photography Operations With The DJI Phantom 2 Vision+ (DJI2+) & DJI Phantom 3 Professional (DJI3P) UAS's Will Benefit The Economy.

In addition to being safe and efficient, the DJI Phantom 2 Vision+ (DJI2+) & DJI Phantom 3 Professional (DJI3P) UAS's are also an economical alternative to using manned aircraft to conduct similar aerial operations. As such, operation of the DJI Phantom 2 Vision+ (DJI2+) & DJI Phantom 3 Professional (DJI3P) UAS's will allow United States based companies, like D

- Drones LLC 's 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 fuels, U.S. owned and operated companies must adopt new and alternative technology in order to remain competitive. Operating the battery powered DJI Phantom 2 Vision+ (DJI2+) & DJI Phantom 3 Professional (DJI3P) UAS's 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+ (DJI2+) & DJI Phantom 3 Professional (DJI3P) UAS's, companies s uch as D

- Drones LLC 's 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. companie s, through commercial use of the DJI Phantom 2 Vision+ (DJI2+) & DJI Phantom 3 Professional (DJI3P) UAS's, provides a stable workforce that increases consumer spending, improves local, state, and federal tax revenues and allows companies to invest in resea rch and development in order to remain competitive both in the United States and abroad.

4.There Are No Privacy Issues.

Similar to the manned aerial acquisition flight operations that have been conducted for decades, D

Drones LLC 's proposed operation of the DJI Phantom 2 Vision+ (DJI2+) & DJI Phantom 3 Professional (DJI3P) UAS's will not implicate any privacy issues. Specifically, the DJI Phantom 2 Vision+ (DJI2+) & DJI Phantom 3 Professional (DJI3P) UAS's will be operated only in compliance with operating documents (i.e. Aerial Operations Manual, Monthly Maintenance Log, and DJI Phantom 2 Vision+ (DJI2+) & DJI Phantom 3 Professional (DJI3P) Instruction Manual's) which requires property owner in volvement as well as local law enforc ement notification, and in accordance with the Federal Aviation Regulations, includin g the minimum altitude requireme nts of 14 C.F. R. § 91.119.

### 15 E. The Reasons Why Granting The Exemption Would Not Adversely Affect Safety, Or How The Exemption Would Prov ide A Level Of Safety At Least Equal To That Provided By The Rule From Which D

- Drones LLC Seeks Exemption.

1. Reasons Why The DJI Phantom 2 Vision+ (DJI2+) & DJI Phantom 3 Professional (DJI3P) UAS's Meet The Conditions Of The FAA Modernization a nd 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, D

- Drones LLC ’s operation of the DJI Phantom 2 Vision+ (DJI2+) & DJI Phantom 3 Professional (DJI3P) UAS's meet the conditions of FMRA Section 333, and will not require an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H.

Section 333 provides authority for a UAS to operate without airworthiness cert ification 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.

-- Not withstanding any other requirement of this subtitle, and not later than 180 days after the date of enactment of this Act, the Secretary of Transportation shall determine if certain unmanned aircraft systems may operate safely in the national airspace syste m before completion of the plan and rulemaking required by section 332 of this Act or the guidance required by section 334 of this Act.

(b) Assessment of Unmanned Aircraft Systems.

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

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

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

(c) Requirements for Safe Operation.

-- If the Secretary determines under this section that certain unmanned aircraft systems may operate safely in the national airspace system , the Secretary shall establish requirements for the safe operation of such aircraft systems in the national airspace system.

In seeking this exemption, D

- Drones LLC submits that the DJI Phantom 2 Vision+ (DJI2+) & DJI Phantom 3 Professional (DJ I3P) UAS's can operate safely in the NAS pursuant to FMRA Section 333, as demonstrated by: (a) the characteristics of the DJI Phantom 2 Vision+ (DJI2+) & DJI Phantom 3 Professional (DJI3P) UAS's; (b) the pilot certification requirement; and (c) the specifi c operating limitations.

### 16 a. The Specifications Of The DJI Phantom 2 Vision+ (DJI2+) & DJI Phantom 3 Professional (DJI3P) UAS's Demonstrate Its Safe Characteristics.

The DJI Phantom 2 Vision+ (DJI2+) & DJI Phantom 3 Professional (DJI3P) UAS's 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+ (DJI2+) & DJI Phantom 3 Professional (DJI3P) UAS's.

The technical specifications of the DJI Phantom 2 Vision+ (DJI2+) & DJI Phantom 3 Professional (DJI3P) UAS's are set forth by the DJI Phantom 2 Vision+ (DJI2+) & DJI Phantom 3 Professional (DJI3P) Specifications and Data Sheet, attached hereto as Exhibit A and B.

ii. The DJI Phantom 2 Vision+ (DJI2+) & DJI Phantom 3 Professional (DJI3P) UAS's Autonomous Flight And Navigation Modes Enable The UAS's To Remain Within A Defined Operational Area.

The DJI Phantom 2 Vision+ (DJI2+) may be operated in both manual and fully autonomous flight modes. The DJI Phantom 3 Professional (DJI3P) may be operated in manual flight mode only. A complete de scription of the flight and navigational modes of the DJI Phantom 2 Vision+ (DJI2+) & DJI Phantom 3 Professional (DJI3P) UAS's is provided in the user manual

, attached hereto as Exhibit C and D.

ii i. The DJI Phantom 2 Vision+ (DJI2+) & DJI Phantom 3 Professional (DJI3P) UAS's Are Designed For Automatic Return To Home Point Or Hover In The Event Of Loss Of The Control Link Or Navigation.

When the Control Link is lost, the DJI Phantom 2 Vision+ (DJI2+) & DJI Phantom 3 Professional (DJI3P) will remain stationary in flight, for 3 seconds or more. If, after 3 seconds, the DJI Phantom 2 Vision+ (DJI2+) & DJI Phantom 3 Professional (DJI3P) due not reacquire control link data from the GCS, the UAS will assume that the Control Link is lost and the UAS will return to the home posit ion (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+ (DJI2+) & DJI Phantom 3 Professional (DJI3P) UAS's are set forth on respective user man ual as Exhibit C and D.

iv. The DJI Phantom 2 Vision+ (DJI2+) & DJI Phantom 3 Professional (DJI3P) GCS And Its Operation.

A complete description of the operation and specifications of the DJI Phantom 2 Vision+ (DJI2+) & DJI Phantom 3 Professional (DJI3P) GCS and flight control software is provided on respective user manual as Exhibit C and D.

User Manual: The DJI Phantom 2 Vision+ (DJI2+) & DJI Phantom 3 Professional (DJI3P) User Manuals are attached hereto as Exhibits C and D.

### 17 b. Flight Operations Of DJI Phantom 2 Vision+ (DJI2+) & DJI Phantom 3 Professional (DJI3P) UAS's Are Limited To The Line Of Sight Of A Certificated Pilot in Command With A Safety Observer.

D

- Drones LLC will only utilize certificated pilots who possess a current and val id airman medical certificate to act as a pilot in command (PIC) of the DJI Phantom 2 Vision+ (DJI2+) & DJI Phantom 3 Professional (DJI3P) UAS's. Additionally, a safety observer will assist all pilots during flight time.

c. Flights Of DJI Phantom 2 Vision+ (DJI2+) & DJI Phantom 3 Professional (DJI3P) UAS's Will Be Conducted Pursuant To Specific Operating Limitations.

In seeking this exemption, D

- Drones LLC proposes to commercially operate DJI Phantom 2 Vision+ (DJI2+) & DJI Phantom 3 Professional (DJI3P) UAS's 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 fol lowing aircraft described in the operating documents, rotorcraft UAS's weighing less than 20 pounds maximum gross weight: DJI Phantom 2 Vision+ (DJI2+) & DJI Phantom 3 Professional (DJI3P) Unmanned Aircraft Systems. Proposed operations of any other aircraf t will require a new petition or a petition to amend this grant.

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

3. The UA may not be flown at an indicated airspeed exceeding 20 knots.

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

5. The UA's 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 th an corrective lenses, as specified on the PIC’s FAA

- issued airman medical certificate.

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

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

8. The SO must not perform any other duties beyond assisting the PIC w ith 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

### 18 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 petit ions for extension or amendment to the grant of exemption. If the operator determines that any 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 (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 inspecti on reveals a condition that affects the safe operation of the UAS, the aircraft is prohibited from operating until the necessary maintenance has been performed and the UAS is found to be in a condition for safe flight. The Ground Control Station must be in cluded 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

co mponents, 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 accordance with the operating documents. M aintenance, 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's operated under this exemption must comply with all manufacturer Safety Bulletins.

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

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

- class medical cert ificate.

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, in cluding 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

### 19 the purposes of trainin g the operator’s PIC's 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 fligh t 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 op erations 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 autho rized.

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

21. The UA may not be operated less than 500 feet below or less than 2,000 feet horizo ntally 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 accor dance with the operating documents.

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

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

25. The operator must obtain an Air Traffic Organization (ATO) issued Certificate of Waiver or Au thorization (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 opera tions 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 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 as large as practicable.

27. Before conducting operations, the radio frequency spectrum used for operation and control of the UAS 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 availab le to the PIC at the

### 20 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 UAS must remain clear and yield the right of way to al l 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, ve hicles, and structures unless:

a. Barriers or structures are present that sufficiently protect nonparticipating persons from the UAS 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 n ear 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 undue hazard, and;

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

32. All operations shall be conducted over private or controlled

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

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

- 80) within 24 hours. Accidents must be r eported 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.

D

- Drones LLC 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+ (DJI2 +) or DJI Phantom 3 Professional (DJI3P) UAS's 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+ (DJI2+) or DJI Phantom 3 Professional (DJI3P) UAS in a manner consistent with the exemption, including evasive and emergency maneuvers and maintaining appropriate distances from people, vessels, vehicles and structures.

Considering D

- Drones LLC ’s proposed area of operations, and the operating limitations set forth

above; the parallel na ture of private pilot aeronautical knowledge requirements to those of commercial pilot requirements (See Exemption No. 11062); and the airmanship skills necessary to safely operate the DJI Phantom 2 Vision+ (DJI2+) & DJI Phantom 3 Professional (DJI3P) UAS, D

- Drones

### 21 LLC submits that the additional manned airmanship experience of a commercially certificated pilot would not correlate to the airmanship skills necessary for D

- Drones LLC 's specific proposed flight operations.

The FAA has prev iously 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, 111 50, 11153, 11156, 11158, 11159, 11160, 11161).

D

- Drones LLC will not allow any PIC to operate the DJI Phantom 2 Vision+ (DJI2+) or DJI Phantom 3 Professional (DJI3P) UAS unless that PIC has demonstrated, by meeting minimum flight

- hour requiremen ts of the DJI Phantom 2 Vision+ (DJI2+) or DJI Phantom 3 Professional (DJI3P) UAS training and currency requirements, that the PIC is able to safely operate the DJI Phantom 2 Vision+ (DJI2+) & DJI Phantom 3 Professional (DJI3P) UAS in a manner consistent w ith this exemption, including evasive and emergency maneuvers and maintaining appropriate distances from people, vessels, vehicles and structures.

Specifically, the PIC must have accumulated and logged, in a manner consistent with 14 C.F.R. § 61.51(b), 25 hours of total time as a UAS rotorcraft pilot (with a minimum of 5 hours of those hours as a UAS pilot operating the same make and model of UAS to be used for operations under the exemption). In addition to the hour requirements, the PIC must accomplish 3 takeoffs and landings in the preceding 90 days (for currency purposes).

As in Exemption Nos. 11062, 11138, and 11153, prior documented flight experience that was obtained in compliance with applicable regulations will ensure an equivalent level of safety during D

- Drones LLC ’s proposed operations. The Administrator has held that prior documented flight experience that was obtained in compliance with applicable regulations would ensure safe operations, stating as follows:

In Exemption No. 11062, the FAA required that prior to conducting operations for the purpose of motion picture filming (or similar operations), the PIC must have accumulated and logged, in a manner consistent with 14 CFR 61.51(b), 25 hours of total time as a UAS rotorcraft pilot including at least 10 hours logged as a UAS pilot with a multi

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

- rotor time and the 10 hours may be inclu ded in the total 25 hours of UAS rotorcraft time. In addition to the hour requirements, the PIC must accomplish 3 takeoffs and landings in the preceding 90 days (for currency purposes). The FAA finds that at a minimum, the flight

- hour requirements in Exemp tion 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 regu lations 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 PIC is required to operate the UA with appropriate distances in accordance with 14 C.F.R 91.119.

Exemption No. 11138 at page 15.

### 22 Accordingly, D

- Drones LLC will ensure safe operations by not allowing any PIC to operate the DJI Phantom 2 Vision+ (DJI 2+) or DJI Phantom 3 Professional (DJI3P) 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+ (DJI2+) or DJI Phantom 3 Professional (DJI3P) 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 Ad versely Affect Safety.

The equivalent level of safety established by Section 91.7(a) will be maintained because prior to every flight, D

- Drones LLC will ensure that the DJI Phantom 2 Vision+ (DJI2+) or DJI Phantom 3 Professional (DJI3P) UAS is i n an airworthy condition based upon the UAS’s compliance with its operating documents and as stated in the conditions and limitations herein. Additionally, the FAA has previously granted relief from Section 91.7(a) specific to UAS, in circumstances similar , in all material respects, to those presented herein (e.g. Exemption Nos. 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110, 11112, 11136, 11138, 11150, 11153, 11156, 11157, 11158, 11159, 11160, 11161).

4. Reasons Why An Exemption From The Re quirements Of Section 91.121 Would Not Adversely Affect Safety.

The equivalent level of safety established by Section 91.121 will be maintained because the altitude information of the DJI Phantom 2 Vision+ (DJI2+) & DJI Phantom 3 Professional (DJI3P) UAS' s 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 D

- Drones LLC 's operation of the DJI Phantom 2 Vision+ (DJI2+) & DJI Phantom 3 Professional (DJI3P) UA's within visual line of sight, at or below 400 f eet AGL, will ensure a level of safety equivalent to Section 91.121. The altitude information will be generated by GPS
eq uipment installed on board the aircraft. Prior to each flight, a zero altitude initiation point is automatically established by the UAS's at gr ound level. The FAA has previou sly 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).

5. Reasons Why An Exemption From The Requirement s Of Section 91.151(b) Would Not Adversely Affect Safety.

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 Vision+ (DJI2+) & DJI Phantom 3 Professional (DJI3P) UAS's; (2) the limitations on the proposed flight operations; and (3) the location of the proposed flight operations. Accordingly, D

- Drones LLC will ensure that he will safely operate the battery powered DJI Phantom 2 Vision+ (DJI2+) & DJI Phantom 3 Professional (DJI3P) UA's during daylight hours in VFR conditions, with enough battery power to fly for a total duration of 10 minutes to the first point of intended landing and, assuming normal cruising speed, to fly after that for at least 2.5 minutes.

Here, as in Exemption No. 11109, the technical specifications of DJI Phantom 2 Vision+ (DJI2+) & DJI

### 23 Phantom 3 Professional (DJI3P) UAS's the limitations on the proposed flight operations and the location of the proposed operations, will ensure an equivalent level of safety established by 14 C.F.R. Section 91.151(b). Furthermore, safety will be ensured as the DJI Phantom 2 Vision+ (DJI2+) & DJI Phantom 3 Professional (DJI3P) UAS's provide audib le and visual warnings to the PIC at the GCS when the UA's 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 leve l, the DJI Phantom 2 Vision+ (DJI2+) & DJI Phantom 3 Professional (DJI3P) UAS's will descend and land automatically.

Significantly, previous exemptions granted by the FAA concerning Section 91.151 establish that safety is not adversely affected when the t echnical 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 h as 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, 1113 6, 11138, 11150, 11153, 11156, 11157, 11158, 11159, 11160, 11161).

6. Reasons Why An Exemption From The Requirements Of Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), And 91.417(a) &(b) Would Not Adversely Affect Safety.

In seeking this exempti on, D

- Drones LLC 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 D

- Drones LLC will use trained technicians to perform maintenance, alterations, or preventive maintenance on the UAS's using the methods, techniques, and practices prescribed in the operating documents i.e., the Operations Manual, Monthly Maintenance Log, and DJI Phantom 2 Vision+ (DJI2+) & DJI Phantom 3 Professional (DJI3P) Instruction Manual. Furthermore, D

- Drones LLC will document and maintain all maintenance records for the DJI Phantom 2 Vision+ (DJI2+) & DJI Phantom 3 Professional (DJI3 P) UAS's.

Since the DJI Phantom 2 Vision+ (DJI2+) & DJI Phantom 3 Professional (DJI3P) UAS's will be inspected as prescribed by the operating documents, D

- Drones LLC will maintain the equivalent level of safety established by Sections 91.405(a), 91.409(a)(1), and 91.409(a)(2). A copy of the DJI Phantom 2 Vision+ (DJI2+) & DJI Phantom 3 Professional (DJI3P) User Manuals are attached hereto as Exhibit C and D; a copy of the DJI Phantom 2 Vision+ (DJI2+) & DJI Phantom 3 Professional (DJI3P) UAS Maintenance LOG is attached hereto as Exhibit E.

Likewise, the exemption sought will not adversely affect safety because D

- Drones LLC will use trained technicians to per form maintena nce, 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 9 1.407, 91.417(a) and 91.417(b), because all maintenance of the DJI Phantom 2 Vision+ (DJI2+) & DJI Phantom 3 Professional (DJI3P) UAS's will be performed by trained technicians. Maintenance will be documented and maintained utilizing the monthly maintenanc e 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

### 24 technical characteristics and operating limitatio ns of the UAS are considered.

In consideration of D

- Drones LLC 's proposed operating limitations, the operating documents, and the technical aspects of the DJI Phantom 2 Vision+ (DJI2+) & DJI Phantom 3 Professional (DJI3P) UAS's, D

- Drones LLC 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).

7. The FAA May Prescribe Any Other Cond itions For Safe Operation.

In accordance with Section 333 of the FAA Modernization and Reform Act of 2012 (FMRA) and 14 C.F.R. § 21.16 entitled Special Conditions, D

- Drones LLC requests that the FAA prescribe special conditions for the intended operation of the DJI Phantom 2 Vision+ (DJI2+) & DJI Phantom 3 Professional (DJI3P) UAS's, 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 UA's 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 any requirements that must be established for the safe operation of the U AS 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+ (DJI2+) & DJI Phantom 3 Professional (DJI3P) UAS's, since the airworthiness regulations of 14 C.F.R. Part 21 do not contain adequate or appropriate safety standards, due to the novel or unusual design features of the aircraft. Section 21.16, entitled Special Conditions, states the following:

If the FAA finds that the airworthiness regulations of this subchapt er 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 aircraft, aircraft engine or propeller, it may prescribe special conditions and amendments thereto for the product. The special conditions are issued in accordance with Part 11 of this chapter and contain such safety standards for the aircraft, aircraft engine or propeller as the FAA finds necessary to establish a level of safety equivalent to that est ablished in the regulations.

See 14 C.F.R. § 21.16. Therefore, in accordance with FMRA Section 333 and 14 C.F.R. § 21.16, the FAA may prescribe special conditions for D

- Drones LLC ’ s intended operation of the DJI Phantom 2 Vision+ (DJI2+) & DJI P hantom 3 Professional (DJI3P) UAS's, which contain such safety standards that the administrator finds necessary to establish a level of safety equivalent to that established by 14 C.F.R. Part 21, Subpart H, and 14 C.F.R Sections 61.113(a) & (b), 91.7(a), 9 1.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b).

### 25 F. A Summary That Can Be Published In The Federal Register stating: The Rules From Which D

- Drones LLC Seeks Exemption:

D

- Drones LLC seeks exemption from the requirements of 14 C.F.R Sections 61.113(a)&(b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b).

A Brief Description Of The Nature Of The Exemption D

- Drones LLC Seeks:

This exemption will permit D

- Drones LLC to commercially operate an Unmanned Aircraft System (UAS) for the purpose of conducting aerial video and photography over certain areas of the United States.

G. Any Additional Information, Views, Or Argume nts Available To Support D

- Dr ones LLC 's 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 t he NAS. As such, D

- Drones LLC 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 poses a threat to national security and further, provides the authority for such UAS to operate without airworthiness certification.

As discussed in detail above, D

- Drones LLC will operate t he DJI Phantom 2 Vision+ (DJI2+) & DJI Phantom 3 Professional (DJI3P) UAS's safely in the NAS, without creating a hazard to users of the NAS, or the public, or otherwise pose a threat to national security.

H

. If you want to exercise the privileges of your exemption outside the United States, the reason why you need to do so

.

D

- Drones LLC would like to exercise the privilege of any granted exemption to operated outside the United States, such as Mexico or Canada only in those cases where his aeri al photograp hy and video services are hired directly from USA customers in the United States in the Construction industry ,with operations or participating in big construction projects in those countries, to operate on contractual basis only in those two c ountries for specific cases

, operating only the listed UAS in this petition such as DJI Phantom 2 Vision+ (DJI2+) & DJI Phantom 3 Professional (DJI3P)

In any case, D

- Drones LLC will have to comply with the existing safety rules from FAA Moderniza tion and Reform Act of 2012 (FMRA) Section 333 as well as for any additional local or country specific regulations to operate safely any UAS in those countries and in accordance to this petition exemption.

### 26 CONCLUSION

As set forth herein, D

- Drones LLC seeks an exemption pursuant to 14 C.F.R. § 11.61 and Section 333 of the FAA Modernization and Reform Act of 2012 (FMRA), which will permit safe operation of the DJI Phantom 2 Vision+ (DJI2+) & DJI Phantom 3 Professional (DJI3P) UAS's commercially, without an airworthiness certificate, for the limited purpose of conducting aerial video and photography over certain areas of the United States. By granting this Petition, the FAA Administrator will be fulfilling the Congressional mandate of the FAA Moder nization and Reform Act of 2012, while also advancing the interests of the public, by allowing D

- Drones LLC to safely, efficiently, and economically operate the DJI Phantom 2 Vision+ (DJI2+) & DJI Phantom 3 Professional (DJI3P) UAS's commercially within the NAS.



### WHEREFORE , in accordance with the Federal Aviation Regulations and the FAA Modernization and Reform Act of 2012, Section 333, D

- Drones LLC respectfully requests that the Administrator grant this Petition for an exemption from t he 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 D

- Drones LLC to operate the DJI Phantom 2 Vision+ (DJI2+) & DJI Phantom 3 Profession al (DJI3P) UAS's commercially for the purpose of conducting aerial video and photography over certain areas of the United States.

Dated: July 3rd , 2015

Respectfully submitted,

D

- Drones LLC

185 Bricknell Ln Coppell, TX 75019

Ph. 469

- 233

- 4694

### 27 APPENDI X 

## :

A

– DJI Phantom 2 Vision+ Specifications

B

– DJI Phantom 3 Professional Specifications

C

– DJI Phan tom 2 Vision+ User Manual

D

– DJI Phantom 3 Professional User Manual

E

- Monthly Maint en ance Log

### 28 APPENDIX

– A

DJI Phantom 2 Vision + TECHNICAL SPECIFICATIONS

D

- Drones LLC only utilizes safe and reliable UAS's. DJI is an industry leader in small UAS production. DJI UAS's are loaded with ground breaking software enabling the user to set parameters which w ill 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 PIC via the linked monitor

. Link to technical Specifications: http://www.dji.com/product/phantom

- 2

- vision

- plus/spec

Aircraft:

• Supported Battery: DJI 5200mAh LiPo Battery

• Weight (Battery & Propellers Included : 1242g

• Hover Accuracy (Ready To Fly) : Vertical: 0.8m; Horizontal: 2.5m

• Max Yaw Angular Velocity : 200°/s

• Max Tiltable Angle : 35°

• Max Ascent / Descent Speed : Ascent: 6m/s; Descent: 2m/s

• Max Flight S peed : 1 5m/s

• Diagonal Motor

- Motor Distance : 350mm

Gimbal:

• Working Current : Static : 750mA; Dynamic : 900mA

• Control Accuracy : ±0.03°

• Controllable Range : Pitch :

- 90 °- 0 °

• Maximum Angular Speed : Pitch : 90°/s

Camera:

• Sensor Size : 1/2.3"

• Effective Pixels : 14 Megapixels



### • Resolution : 4384 × 3288

• HD Recording : 1080p30 & 720p

Remote Control:



### • O perating Frequency : 5.728 GHz

- 5.85 GHz



### • Communication Distance (Open Area) : CE Compliance: 400m; FCC Compliance: 800m



### • Receiver Sensitivity (1%PER) :

- 93dBm



### • Transmitter Power : CE Compliance: 25mW; FCC Compliance: 100mW



### • Working Voltage : 120 mA@3.7V



### • Built

- In LiPo Battery Working Current/Capacity : 3.7V, 2000mAh

### 29 APPENDIX

– B

DJI Phantom 3 Professional TECHNICAL SPECIFICATIONS

D

- Drones LLC only utilizes safe and reliable UAS's. DJI is an industry leader in small UAS production. DJI UAS's are loaded with ground breaking software enabling the user to set parameters which will not allow flight into controlled airspace. Parameters can also be se t 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 PIC via the linked monitor

. Link to technical Specifications: http://www.dji.com/product/phantom

- 3/spec

Aircraft:

• Weight (Including Battery And Propellers) : 1280 g

• Diagonal Size (Including Propellers) : 590 mm

• Hover Accuracy (Ready To Fly) : Vertical: 0.1m; Horizontal: 1 .5m

• Supported Battery: DJI 5200mAh LiPo Battery

• GPS Mode : GPS/GLONASS

• Max Ascent / Descent Speed : Ascent: 5m/s; Descent: 3 m/s

• Max Flight Speed : 16 m/s

Gimbal:

• Controllable Range : Pitch :

- 90 ° +3 0 °

• Stabilization: 3

- axis (pitch, roll, yaw)

Camera:

• Sensor Size : Sony EXMOR 1/2.3” Effective pixels: 12.4 M (total pixels: 12.76 M)

• ISO Range: 100

- 3200 (video) 100

- 1600 (photo)



### • Shutter Speed: 8s

- 1/8000s

• Image Max Size : 4000 x 3000

Vision Positioning:

• Max Velocity : Less than 8 m/s (when 2 m above ground)

• Altitude Range : 30 cm

- 300 cm

• Operating Range : 30 cm

- 300 cm

• Operating Environment : Surface with clear pattern and adequate lighting (Lux > 15)

Remote Control:



### • O perating Frequency : 2.400 GHz

- 2.483 GHz



### • Max Distance: 20 00m (outdoors and unobstructed)



### • Receiver Sensitivity (1%PER) :

- 101 dBm ±2 dBm



### • Transmitter Power (EIRP) : CE Compliance: 16dBm ; FCC Compliance: 20dBm



### • Working Voltage : 1.2 A @7.4 V



### • Built

- In LiPo Battery Working Current/Capacity : 6000 mAh LiPo 2S

### 30 APPENDIX

– C

DJI Phantom 2 Vision+

- Manufacturer's User Manual

Link to Manufacturer User Manual: http://www.dji.com/product/phantom

- 2

- vision

- plus/download



### APPENDIX

– D

DJI Phantom 3 Professional

- Manufacturer’s User Manual

Link to Manufacturer User Manual: http://www.dji.com/product/phantom

- 3/download

### 31 APPENDIX

- E

D

- Drones LLC Monthly Maint en ance and Repair Log

Maintenance Log ID:

Aircraft:

Hours:

Date: Previous maintenance Log ID:

Date Issue Discovered Date Issue Resolved Issue De s cription/Maint en ance Conducted Repair/Maint en ance Performed By

Airframe

Motors

Propellers

Flight Control Update

Gimbal

Firmware Update

Camera

Radio Control

Misc ellaneo us