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UNITED STATES OF AMERICA DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION WASHINGTON, DC

Regulatory Docket No.

**IN THE MATTER OF THE PETITION FOR EXEMPTION OF: MICHAEL J. RYAN FOR AN EXEMPTION SEEKING**  **RELIEF FROM THE REQUIREMENTS OF** TITLE 14 O F THE CODE OF FEDERAL REGULATIONS SECTIONS 61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), AND 91.417(a) & (b)
CONCERNING COMMERCIAL OPERATION DJI Inspire 1 and DJI Phantom 3 UNMANNED AIRCRAFT SYSTEMS
and a BLAN KET EXEMPTION FOR UAS OPERATION LESS THAN 55 POUNDS, DAYLIGHT OPERATION, VLOS, VFR AND BELOW 200 FEET AGL.

PURSUANT TO SECTION 333 OF THE FAA MODERNIZATION AND REFORM ACT OF 2012

(PUBLI C LAW 112

- 95) Submitted on JUNE 1 6 , 2015

MICHAEL J. RYAN 63 Peeksvil le Road, Locust Grove, GA 30148

770

- 402

- 2848 MJPRYAN@MINDSPRING.COM

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**TABLE OF CONTENTS**

GLOSSARY OF ABBREVIATIONS

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

SUMMARY

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

INTRODUCTION AN D INTERESTS OF THE PETITIONER

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

BACKGROUND

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

UNMANNED AIRCRAFT SYSTEMS: DJI PHANTOM 3 (HEREAFTER THE DJ I UAS AIRCRAFT)

........ 5

BASIS FOR PETITION

................................ ................................ ................................ ................................ ...................... 6

NAME AN D ADDRESS OF THE PETITIONER

. ................................ ................................ .............................. 6

THE SPECIFI C SECTIONS OF 14 C.F.R. FROM WHI CH MICHAEL J. RYAN SEEKS EXEMPTION.

...... 7

THE EXTENT OF RELIEF MICHAEL J. RYAN SEEKS AND THE REASON MICHAEL J. RYAN
SEEKS THE RELIEF.

................................ ................................ ................................ ................................ .......... 9

THE REASONS WHY GRANTING MICHAEL J. RYAN REQUEST WOULD BE IN THE PUBLIC

I NTEREST; THAT IS, HOW IT WOULD BENEFIT THE PUBLIC AS A WHOLE

. ................................ .... 11

THE REASONS WHY THE DJI UAS AIRCRAFT MEET THE CONDITIONS OF THE FAA MODERNIZATION AND REFORM ACT OF 2012 (FM RA) SECTION 333

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

THE REASONS WHY GRANTING THIS EXEMPTION WOULD NOT ADVERSELY AFFECT
SAFETY

................................ ................................ ................................ ................................ .............................. 1 9

CONCLUSION

................................ ................................ ................................ ................................ ................................ . 22

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**GLOSSARY OF ABBREVIATIONS** 

### COA Certificate of Authorization FAA Federal Aviation Administration FAR Federal Aviation Regu lation 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) SO Safety Observer SOP Standard Operating Procedures UA Unmanned Aircraft UAS Unmanned Aircraft System VFR Visual Flight Rules VLOS Visual Line of Site VMC Visual Meteorological Conditions VTOL V ertical Takeoff and Landing DJI UAV manufacturer ESC Electronic speed control FPV First Person View LI

- PO Lithium Polymer battery RCV Radio Controlled vehicle

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**SUMMARY**

MICHAEL J. RYAN 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 MICHAEL J. RYAN to operate an Unmanned Aircraft System (UAS) for the commercial purpose of conducting aerial video and photography in support of small business, community and charitable activities in and around the State of New York.

**INTRODUCTION A ND INTERESTS OF THE PETITIONER** 

MICHAEL J. RYAN’s primary occupation is a teacher, college professor and media scholar and has considerable experience as a UAS hobbyist. From time to time he is asked to support local community, small business, and charitabl e activities by providing commercial aerial photography or videography. In the absence of the exemption, Michael J. Ryan must decline to support these interests. The objective of MICHAEL J. RYAN and his aerial operations is to provide high quality imaging for a variety of commercial , public, and residential uses that are incidental to his primary occupation, specifically targeting :

• Marketing

• Construction sites before and after

• Appraisals

• Motion Picture Filming

• Aerial acquisitions for inspections of public and private structures.

• Building Inspection operations

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**BACKGROUND**

**Unmanned Aircraft Systems: DJI Phantom 3 (Hereafter the DJI UAS Aircraft)**  MICHAEL J. RYAN seeks an exemption to operate DJI Phantom 3 UAS systems for compensation o r hire within the NAS. The DJI Phantom 3 is a vertical takeoff and landing (VTOL) Unmanned Aircraft (UA) with a Ground Control Station (GCS) utilizing electronic tablet or smart phone
systems. DJI Phantom 3 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 30 knots. The Phantom 3 is equipped with four main rotors; driven by Lithium Polymer battery powered electric motors.

The DJI Phantom 3 will be operated by MICHAEL J. RYAN and will be registered in accordance with 49 U.S.C. 44103, Registration of Aircraft, as well as 14 C.F.R Part 47, Aircraft Registration, and marked in accordance with 14 C.F.R. Part 45, Identification and Registration Marking.

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**BASIS FOR PETITION**

Petitioner, MICHAEL J. RYAN, pursuant to the provisions of the Federal Aviation Regulations (14 C.F.R. § 11.61) and the FAA
Modern ization and Reform Act of 2012 (FMRA), Section 333, Special Rules for Certain Unmanned Aircraft Systems, hereby petitions the Administrator to commercially operate the DJI UAS Aircraft in the National Airspace System (NAS), and for an exemption from the re quirements 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 i ts operation, MICHAEL J. RYAN operation DJI UAS Aircraft 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, MICHAEL J. RYAN requests relief fr om 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.

MICHAEL J. RYAN submits that the requested relief is p roper since an equivalent level of safety will be ensured. MICHAEL J. RYAN will use experienced personnel or technicians to perform maintenance, alterations, or preventive maintenance on the UASs using the methods, techniques, and practices prescribed in t he operating documents.

Relief from certain requirements of Section 61.113(a) and (b), entitled Private pilot privileges and limitations: Pilot in co mmand, is requested by MICHAEL J. RYAN to the extent necessary to allow a Pilot in Command (PIC) with sign ificant experience in the field of UAV’s, and who has demonstrated, by meeting minimum flight

- hour and currency requirements, that the PIC is able to safely operate the DJI UAS Aircraft in a manner consistent with this exemption, including evasive and emer gency maneuvers and maintaining appropriate distances from people, vessels, vehicles and structures.

MICHAEL J. RYAN seeks relief from Section 91.7(a), entitled Civil aircraft airworthiness, because the DJI UAS Aircraft do not require an airworthiness cer tificate in accordance with 14 C.F.R. Part 21, Subpart H. As such, MICHAEL J. RYAN submits that he
will ensure the DJI

UAS Aircraft are in an airworthy condition, prior to every flight, by determining that the UASs are in compliance with the operating doc uments and that the aircraft are in a condition for safe flight.

MICHAEL J. RYAN also seeks an exemption from the requirements of Section 91.121, entitled Altimeter Settings, DJI UAS aircraft will not have a typical barometric altimeter onboard. However, altitude information of the DJI UAS Aircraft will be provided to the PIC via Global Positioning System (GPS) equipment and radio communications telemetry data link, which downlinks from the UA to the GCS for active monitoring of the flight path. This altit ude information, combined with MICHAEL J. RYAN operation of the DJI UAS Aircraft within visual line of sight, at or below 400 feet AGL, will ensure a level of safety equivalent to Section 91.121.

Additionally, MICHAEL J. RYAN seeks an exemption from the r equirements of Section 91.151(b), entitled Fuel requirements for flight in VFR conditions. MICHAEL J. RYAN submits that safety will not be affected by operation of the DJI UAS Aircraft during daylight hours in visual meteorological conditions (VMC) under v isual flight rules (VFR), with enough battery power to fly for a total duration of approximately 15 minutes to the first point of intended landing and, assuming normal cruising speed, to fly
after that for at least 5minutes.

In accordance with 14 C.F.R. § 11.81, MICHAEL J. RYAN provides the following information in support of its petition for exemption:

**Name And Address Of The Petitioner.**

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

MICHAEL J. RYAN 63 Peeksville Road., Locust Grove, GA 30148 770

- 402

- 2848 (Mobile) mjpryan@mindspring.com

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**The Specific Sections Of 14 C.F.R. From Which MICHAEL J. RYAN Seeks Exemption** 

**MICHAEL J. RYAN Seeks Exemption From The Requirements Of Section 61.113(a) And (b).**

Section 61.113, entitled Private pilo t privileges and limitations: Pilot in command, subsections (a) and (b) prescribe the following, in relevant part:

No person who holds a private pilot certificate may act as a pilot in command (PIC) of an aircraft that is carrying passenger s or property f or compensation or hire; nor may that person, for compensation or hire, act as PIC of an aircraft. A private pilot may, for compensation or hire, act as PIC of an aircraft in connection with any business or employment if

—

The flight is only incidental to that business or employment; and The aircraft does not carry passengers or property for compensation or hire.

**MICHAEL J. RYAN Seeks Exemption From The Requirements Of Section 91.7(a).**

Section 91.7, entitled Civil aircraft airworthiness, subsection (a), s tates the following:

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

**MICHAEL J. RYAN Seeks Exemption From The Requirements Of Section 91.121.**

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

Each person operating an aircraft shall maintain the cruising altitude or flight level of that aircraft, as the case may be, by re ference to an altimeter that is set, when operating

— Below 18,000 feet MSL, to

--

The current reported altimeter setting of a stat ion along the route and within 100 nautical miles of the aircraft; 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 a vailable station; or

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

**MICHAEL J. RYAN Seeks Exemption From The Requirements Of Section 91.151(b).**

Section 91.151, entitled Fuel requiremen ts for flight in VFR conditions, subsection (b), states the following:

(b) No person may begin a flight in a rotorcraft under VFR conditions unless (considering wind and forecast weather conditions) there is enough fuel to fly to the first point of intend ed landing and, assuming normal cruising speed, to fly
after that for at least 20 minutes.

**MICHAEL J. RYAN Seeks Exemption From The Requirement Of Section 91.405(a).**

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

Each owner or operator of an aircraft

—

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

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**MICHAEL J. RYAN 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), s tates the following:

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

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

**MICHAEL J. RYAN Seeks Exemption Fr om The Requirements Of Sections 91.409(a)(1) And 91.409(a)(2).** 

Section 91.409, entitled Inspections, subsection (a), states the following:

Except as provided in paragraph (c) of this section, no person may operate an aircraft unless, within the preceding 12 calendar months, it has had

-- 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 An inspection for the issuance of an airworthiness
certifica te in accordance with part 21 of this chapter.

**MICHAEL J. RYAN Seeks Exemption From The Requirements Of Sections 91.417(a) And 91.417(b).**

Section 91.417, entitled Maintenance records, subsections (a) and (b), state s the following:

Except for work perfor med 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:

Records of the maintenance, preventive maintenance, and alteration and records of t he 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

--

• A description (or referenc e to data acceptable to the Administrator) of the work performed; and

• The date of completion of the work performed; and

• The signature and certificate number of the person approving the aircraft for return to service.

• Records containing the following inf ormation:

• The total time in service of the airframe, each engine, each propeller, and each rotor.

• The current status of life

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

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

• The current inspection status of the aircraft, including the time since the last inspection required by the inspection program under which the aircraft and its appliances are main tained.

• 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 t ime and date when the next action is required.

• 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. The owner or operator shall retain th e following records for the periods prescribed: 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.

• The records specified in paragrap h (a)(2) of this section shall be retained and transferred with the aircraft at the
time the aircraft is sold. 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 t he aircraft is approved for return to service.

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**The Extent of Relief MICHAEL J. RYAN Seeks and The Reason MICHAEL J. RYAN Seeks the Relief.**

**Extent of Relief MICHAEL J. RYAN Seeks and The Reason MICHAEL J. RYAN 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 th e extent necessary to allow a PIC holding a private pilot or higher level certificate, as well as a current and valid airman medi cal 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 pri vate 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 tha t business or employment; and (2) The aircraft does not carry passengers or property for compensat ion or hire.

As set forth more fully below, MICHAEL J. RYAN submits that an equivalent level of safety will be maintained because no PIC will be allowed to operate the DJI Inspire 1,DJI Phantom 2 UAS or DJI Phantom 3 UAS unless that PIC has met certain fl ight

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

Further, MICHAEL J. RYAN submits that all flights of DJI UAS aircraft, conducted by the PIC pursuant to the grant of this Petition: (1 ) will be incidental to MICHAEL J. RYAN business; and (2) will not carry passengers or property for compensation or
hire.

**Extent of Relief MICHAEL J. RYAN Seeks and The Reason MICHAEL J. RYAN 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 MICHAEL J. RYAN to determine that the DJI UAS Aircraft are in airworthy condition prior to every flight by ensuring that the UAS is in complianc e with the operating docume nts (i.e., the MICHAEL J. RYAN Aerial Operations Manual, Monthly Maintenance Log, and DJI UAS Aircraft Instruction Manual).

MICHAEL J. RYAN seeks the requested relief because the DJI UAS Aircraft do not require an airworthiness certificate in
accordance w ith 14 C.F.R. Part 21, Subpart H. Therefore, MICHAEL J. RYAN will ensure that the DJI UAS Aircraft are in airworthy condition based upon its compliance with the operating documents (i.e., Monthly

Maintenance Log, and DJI UAS Aircraft Instruction Manual) p rior to every flight, and further, determine that the aircraft are in condition for safe flight, as stated in the conditions and limitations below.

**Extent of Relief MICHAEL J. RYAN Seeks and The Reason MICHAEL J. RYAN Seeks Relief from Section 91.121.**

Re lief from Section 91.121, entitled Altimeter settings, may be required to allow flight operations of the DJI UAS Aircraft, wh ich utilize a barometric pressure sensor, GPS equipment, and a radio communications telemetry data link to downlink altitude
inform ation 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), MICHAEL E OLSEN seeks the requested relief because the DJI UAS Aircraft altimeter may be set on the ground to zero feet AGL, rather than the local barometric pressure or field altitude, before each flight.

Considering the limited altitude of the proposed operations, relief from 14 CFR 91.12 1 is sought to the extent necessary to comply with the applicable conditions and limitations stated below. As more fully set forth herein, an equivalent level of safety wi ll be maintained since the DJI UAS Aircraft are equipped with a barometric pressure s ensor 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 inf ormation
of the UA on the heads

- up display of the GCS.

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**Extent of Relief MICHAEL J. RYAN Seeks and The Reason MICHAEL J. RYAN 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 UAS Aircr aft during daylight hours in visual meteorological conditions (VMC), under visual flight rules (VFR), for a total duration of 15 minutes to the first point of intended landing and, assuming normal cruising s peed, to fly after that for at least 5 minutes. M ICHAEL J. RYAN seeks the requested relief because without an exemption from Section 91.151(b), the flight time duration of the battery powered DJI UAS Aircraft will severely constrain the practicality of any a erial video or still photo flight operations th at MICHAEL J. RYAN proposes to conduct pursuant to this Petition.

Significantly, as set forth below, the technical specifications of the DJI UAS Aircraft operating documents, and MICHAEL J. RYAN proposed operating limitations, ensure that MICHAEL J. RYAN will safely operate the battery powered DJI UAS Aircraft during daylight hours in visual meteorological conditions (VMC), under visual flight rules (VFR), with enough battery power t o fly for a total duration of 15 minutes to the first point of intended la nding and, assuming normal cruising speed, to fly after that for
at least 5 minutes.

**Extent of Relief MICHAEL J. RYAN Seeks and The Reason MICHAEL J. RYAN Seeks Relief from Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), And 91.417(a) & (b).** 

Sin ce 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, MICHAEL J. RYAN requests relief from these

Sections because the DJI UAS Aircraft do not require airworthiness certifi cates. As set forth more fully below, DJI UAS Aircraft meet the conditions of FMRA Section 333 for operation without an airworthiness certificate.

Accordingly, MICHAEL J. RYAN will use trained technicians to perform maintenance, alterations, or preventive maintenance on the UASs using the methods, techniques, and practices prescribed in the UAS operating documents (i.e., the MICHAEL J. RYAN Aerial Operations Manual, Monthly Maintenance Log, and DJI UAS Aircraft Instruction Manual). Furthermore, MICHAEL J.
RYAN will document and maintain all maintenance records for the DJI UAS Aircraft.

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**The Reasons Why Granting MICHAEL J. RYAN Request Would Be in The Public Interest; That Is, How It Would Benefit**
**the Public as A Whole.**

Granting the present Petition will further the public interest by allowing MICHAEL J. RYAN to safely, efficiently, and economically perform aerial video and photography of construction sites, real estate, and landscape over certain areas of the United
States.

Additionally, use of the DJI U AS Aircraft will decrease congestion of the NAS, reduce pollution, and provide significant benefits to the economy. Notably, the benefits of MICHAEL J. RYAN proposed operation of the DJI UAS Aircraft will be realized without implicating any privacy issues.

**The Public Will Benefit from Decreased Congestion of The NAS.**

DJI UAS Aircraft are battery powered and serve as a safe, efficient, and economical alternative to the manned aircraft tradit ionally utilized to obtain aerial imagery. By reducing the amount of manned aircraft needed to perform aerial acquisitions, an exemption allowing the use of a DJI UAS Aircraft 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 an d departing aircraft will be reduced. The DJI UAS Aircraft do not require an airport to takeoff or land. Li kewise, a reduction of manned aircraft conducting aerial video

and photography missions would result in fewer aircraft that must be handled by air traffic control during the ground, takeof f, departure, arrival, and landing phases of flight operations.

**Th e Public Will Benefit from The Safety and Efficiency of The DJI UAS Aircraft** 

Conducting aerial acquisitions with the DJI UAS Aircraft, instead of manned aircraft, will greatly benefit the public by dras tically reducing the levels of air and noise pollutio n generated during traditional aerial video and still photography flight operations. By using battery power and electric motors, the DJI UAS Aircraft produce no air pollution, and is the most viable environmentall y 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 UAS aircraft, while reducing the carbon footprint of aerial acquisitions, also eliminates noise pollution, as the UAs are propelled by battery powered electric motors, rather than an internal combustion engine.

By using the DJI UAS Aircraft to perform aerial acquisitions, the substantial risk to life and property in the air and on the ground, which is usually associated with traditional manned aircraft flight operations, will be substantially reduced or completely eliminated. Aside from the lack of flight crew members located onboard the aircraft, the DJI UAS Aircr aft(weighing approximately 2 pounds 11 ounces and 6 pounds 7.5 ounces respectively, at their maximum gross weights with lengths of 16 inches and 17.3 inches respectively, widths of 16 inches and 17.7 inches respectively, and with no fuel on board), has les s physical potential for collateral damage to life and property on the ground, and in the air, compared to the manned aircraft that typi cally 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).

**Performing Aerial Video and Photography Operations with The DJI UAS Aircraft Will Benefit the Economy.**

In addition to being safe and efficient, the DJI UAS Aircraft are also an economical alternative to u sing manned aircraft to conduct similar aerial operations. As such, operation of the DJI UAS Aircraft will allow United States based companies, like MICHAEL E OLSEN, 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 b attery powered DJI UAS Aircraft is one such technology that not only allows companies greater operational flexibility compared to manned aircraft, but provides such flexibility without the high operational cost of a traditional manned aircraft.

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By operati ng the DJI UAS aircraft, petitioners such as MICHAEL J. RYAN 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 financia l performance of U.S. companies, through commercial use of the DJI UAS Aircraft, 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 or der to remain competitive both in the United States and abroad.

**There Are No Privacy Issues.**

Similar to the manned aerial acquisition flight operations that have been conducted for decades, MICHAEL J. RYAN proposed operation of the DJI UAS Aircraft will n ot implicate any privacy issues. Specifically, the DJI UAS Aircraft will be operated only in compliance with operating documents (i.e., the MICHAEL J. RYAN Aerial Operations Manual, Monthly Maintenance Log, and DJI UAS Aircraft Instruction Manual) which re quires property owner involvement as well as local law enforcement notification, and in accordance with the Federal Aviation Regulations, including the minimum altitude requirements of 14 C.F.R. § 91.119.

### 13

**The Reasons Why Granting the Exemption Would Not Adversely Affect Safety, Or How the Exemption Would Provide a**  **Level of Safety at Least Equal to That Provided by The Rule from Which MICHAEL J. RYAN Seeks Exemption.**

**Reasons Why The DJI UAS Aircraft 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 operati on, MICHAEL J. RYAN operation of the DJI UAS Aircraft meet the conditions of FMRA Section 333, an d 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 certification and sets forth requirements for consi dering
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:

In General.

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

Assessment of Unmanned Aircraft Systems.

-- In making the dete rmination under subsection ( Secretary shall determine, at a
minimum

—

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

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

—

If the Secretary determines unde r this section that certain u) nmanned 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 natio nal airspace system.

In seeking this exemption, MICHAEL J. RYAN submits that the DJI UAS Aircraft can operate safely in the NAS pursuant to FMRA Section 333, as demonstrated by: (a) the characteristics of the DJI UAS aircraft; (b) the pilot certification requirement; and (c) the specific operating limitations.

**The Specifications of The DJI UAS Aircraft Demonstrate Its Safe Characteristics.**

The DJI UAS Aircraft do not create a hazard to users of the NAS or the public, or otherwise pose a threat to nationa l security considering its size, weight, speed, and operational capability.

**Technical Specifications of DJI UAS Aircraft.**

The technical specifications of the DJI UAS Aircraft are set forth by t he DJI UAS aircraft User Manual

, attached hereto as Appendix A

.

The DJI UAS Aircraft Autonomous Flight and Navigation Modes Enable The UASs to Remain Within a Defined Operational Area.

The DJI UAS Aircraft may be operated in both manual and fully autonomous flight 16 modes. A complete description of the fli ght and navigational modes of the DJI UAS Aircr aft provided in the User Manual , att ached hereto as Appendix A

.

The DJI UAS Aircraft Are Designed for Automatic Return to Home Point or Hover in The Event of Loss of the Control Link or Navigation.

### 14

Wh en the Control Link is lost, the DJI UAS Aircraft will remain stationary, in flight, for 3 seconds or more. If, after 3 secon ds, the DJI UAS Aircraft do 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 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 UAS aircraft a re described in the User Manual, attached hereto as Appe n dix A.

**DJI UAS Aircraft GCS Operation.**

Phantom 3 GCS and flight control software is provided in the User Manual for the DJI UAS aircraft attached hereto as **Appendix**
**A**

**.**

**Flight Operations of DJI UAS Aircraft are Limited to The Line of Sight of a Certificat ed Pilot in Command with A Safety** 
**Observer.**

MICHAEL J. RYAN will be the only person to act as a pilot in command (PIC) of DJI UAS Aircraft.

**Flights of DJI UAS Aircraft Will Be Conducted Pursuant to Specific Operating Limitations.**

In seeking this exempti on, MICHAEL J. RYAN proposes to commercially operate DJI UAS Aircraft 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 b y this grant of exemption will be limited to the following aircraft described in the operating documents, rotorcraft UASs weighing less than 55 pounds maximum gross weight: DJI UAS AIRCRAFT. Proposed operations of any other aircraft will require a new peti tion 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 45 knots. 17

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

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

- issued airman
medical certificate.

6. T he 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 before the flight and cannot transfer his or her designation for the duration of the flight. The PI C must ensure that the SO can perform the functions prescribed in the operating documents.

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

9. he operating documents and the grant of exemption must be accessible during UAS operations and made available to the

### 15

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 proced ures 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 mu st 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 revision would affect the basis upon which the FAA granted the exemption, then the operator mu st 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 tha t it is in a condition for safe flight. If the inspection reveals a condition that affects the safe operation of the UAS, the aircraft is prohibited from operating until the necessary 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 P reflight 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 oper ation 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 fo r 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, replacemen t, inspection, and life limit requirements.

14. The operator must carry out its maintenance, inspections, and record keeping requirements, in accordance with the operating documents. Maintenance, inspection, alterations, and status of replacement/overhaul co mponent 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 UASs operated under this exemption must comply with all manufacturer Safety Bulletins.

16. The authorized person must make an entry in the aircraft record of the corrective action taken against discrepancies discovered between inspections. The operator may not permit any PIC to operate unless the PIC meets the op erator’s qualification criteria and demonstrates the ability to safely operate the UAS in a manner consistent with how the UAS will be operated under the exemption, including evasive and emergency maneuvers and maintaining appropriate distances from person s, 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 appropr iate distance from nonparticipants in accordance with 14 C.F.R. § 91.119.

17. UAS operations may not be conducted during night, as defined in 14 C.F.R.

18. § 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.

19. The UAV may not operate within 5 nautical miles of an airport reference point 19 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

### 16

must be made available to the Administrator upon request.

20. The UAV 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.

21. If the UAV loses communications or loses its GPS signal, it must return to a pre

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

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

23. The PIC i s 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 UAV with 25% battery power remaining.

24. 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 exemption. This COA will also require the operator to request a Notice to Airman (NOTAM) not more than 72 hours in advance, but not less than 48 hours prior to the operation. All operations shall be conducted in accordance with airspace requirements in the ATO issued COA including c lass of airspace, altitude level and potential transponder requirements.

25. 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) mark ings in accordance with 14 C.F.R. part 45, Subpart C. Markings must be as large as practicable.

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

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

28. The UAV must remain clear and yield the right of way to all manned aviation operations and activities at all times.

29. The UAV may not be operated by the PIC from any moving d evice or vehicle.

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

31. Barriers or structures are pre sent that sufficiently protect nonparticipating persons from the UAV 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;

32. 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 assessm ent of the risk of operating closer to those objects and determined that it does not present an undue hazard, and;

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

### 17

34. All operations shall be conducted over private or controlled

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

35. 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.

36. Acc idents must be reported to the National Transportation Safety Board (NTSB) per instructions contained on the NTSB Web site: www.ntsb.gov.

### 18

**Reasons Why an Exemption from The Requirements of Section 61.113(a) And (b) Would Not Adversely Affect Safety.**

MIC HAEL J. RYAN 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 UAS Aircraft unless that PIC has demonstrated, by meeting minimum flight

hour and currenc y requirements, that the PIC is able to safely operate the DJI UAS Aircraft in a manner consistent with the exemption, including evasive and emergency maneuvers and maintaining appropriate distances from people, vessels, vehicles and

structures.

Consideri ng MICHAEL J. RYAN proposed area of operations, and the operating limitations set forth

- above; the parallel nature of private pilot aeronautical knowledge requirements to those of commercial pilot requirements (See Exemption No. 11062); and th e airmanship skills necessary to safely operate the DJI UAS aircraft, MICHAEL J. RYAN submits that the training, preparation, practice, and experience of the Petitioner is sufficient to meet the requirements of the proposed use.

The FAA has previously granted relief f rom 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).

MICHAEL J. RYAN will not allow any PIC to operate the DJI UAS Aircraft unless the PIC has demonstrated, by meeting minimum flight

- hour requirements or the DJI UAS Aircraft training and currency requirements, that the PIC is able to safely operate the DJI UAS Aircraft in a manner consistent with 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 t o 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

app licable regulations will ensure an equivalent level of safety during MICHAEL J. RYAN proposed operations. The Administrator has held that prior documented flight experience that was obtained in compliance with applicable regulations wo uld ensure safe opera tions, 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 o perating the same make and model of UAS to be used for operations under the exemption. For clarification, the FAA considers these minimum hour requirements to be inclusive rather than additive; i.e. 5 hours make and model time may be included in the 10 hou rs of multi

- rotor 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 accomplish 3 takeoffs and landings in the preceding 90 days (for currency purposes). The FAA finds that at a minimum, the flight

- hour requirements in Exemption No. 11062 are appropriate to practice and build proficiency in the skills necessary to safely conduct the petitioner’s proposed operations. The FAA also finds that prior documented flight experience that was obtained in compliance with applicable regulations would satisfy this requirement. Training, proficiency, and experience

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

- building flights the PIC is required to operate the UAS with appropriate distances in accordance with 14 C.F.R 91.119.

Exemption No. 11138 at page 15.

Accordingly, MICHAEL J. RYAN will ensure safe operations by not allowing an y PIC to operate DJI UAS Aircraft unless that PIC has demonstrated, by meeting minimum flight

- hour and currency requirements, that the PIC is able to safely operate the DJI UAS Aircraft in a manner consistent with the exemption, including evasive and emerg ency maneuvers and maintaining appropriate distances from people, vessels, vehicles and structures.

### 19

**Reasons Why an Exemption from The Requirements of Section 91.7(a) Would Not Adversely Affect Safety.**

The equivalent level of safety established by Sectio n 91.7(a) will be maintained because prior to every flight, MICHAEL J. RYAN will ensure that DJI UAS Aircraft is in an airworthy condition based upon the UAS’s compliance with its operating documents a nd
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 ma terial respects, to those presented herein (e.g. Exemption Nos. 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110, 111 12, 11136, 11138, 11150, 11153, 11156, 11157, 11158, 11159, 11160, 11161).

**Reasons Why an Exemption from The Requirements of Section 91.121 Would Not Adversely Affect Safety.**

The equivalent level of safety established by Section 91.121 will be maintained because the altitude information of the DJI UAS Aircraft 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 altit ude information, combined with MICHAEL J. RYAN operation of the DJI UAS Aircraft within visual line of sight, at or below 400 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 point is automatically established by the UASs at ground level.

The FAA has previously granted relief from Section 91.121 specific to UAS, in 23 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).

**Reasons Why an Exemption from The Requirements of Sect ion 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 o f (1) the technical specifications of the DJI UAS Aircraft; (2) the limitations o n the proposed flight operations; and (3) the location of the proposed flight operations. Accordingly, MICHAEL J. RYAN will ensure that it will safely operate the battery powered DJI UAS Aircraft during daylight hours in VFR conditions, with enough battery power to fly for a total duration of 15 minutes to the first point of intended landing and, assuming normal cruising speed, to fly after that for at least 5 minutes.

Here, as in Exemption No. 11109, the technical specifications of the DJI UAS Aircraft UA Ss; 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 UAS Aircraft provide au dible and visual warnings to the PIC at the GCS when the UAs 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 le vel, the DJI Phantom Vision+ and DJI Phantom 3 UASs will descend and land automatically.

Significantly, previous exemptions granted by the FAA concerning Section 91.151 establish that safety is not adversely affect ed
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, 1 1156, 11157, 11158, 11159, 11160, 11161).

**Reasons Why an Exemption from The Requirements of Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), And 91.417(a) & (b) Would Not Adversely Affect Safety.** 

In seeking this exemption, MICHAEL J. RYAN 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 MICHAEL J. RYAN will use trained tech nicians to perform maintenance, alterations, or preventive maintenance on the UASs using the methods, techniques, and practices prescribed in the operating documents (i.e., the MICHAEL J. RYAN Aerial Operations Manual, Monthly Maintenance Log, and DJI UAS Aircraft Instruction Manual).

Furthermore, MICHAEL J. RYAN will document and maintain all maintenance records for the DJI UAS Aircraft UASs.

### 20

Since the DJI UAS Aircraft will be inspected as prescribed by the operating documents, MICHAEL J. RYAN will maint ain the equivalent level of safety established by Sections 91.405(a), 91.409(a)(1), and 91.409(a)(2). A copy of the D JI UAS Aircraft User
Manual is att ached hereto as Appendix A; a copy of the DJI UAS Aircraft Maintenance LOG is attached hereto as Appendix B.

Likewise, the exemption sought will not adversely affect safety because MICHAEL J. RYAN will use trained technicians to perform maintenance, alterations or preventive maintenance on the UAS using the methods, techniques, and practices prescribed by the operating documents.

Furthermore, the exemption sought would maintain an equivalent leve l of safety established by Sections 91.407, 91.417(a) and 91.417(b), because all maintenance of the DJI UAS Aircraft will be performed by trained technicians. Maintenance will be documented and maintained utilizing the monthly maintenance log.

Significant ly, previous exemptions granted by the FAA concerning Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b) establish that safety is not adversely affected when the technical characteristics and operating limitations of the
UAS are c onsidered.

In consideration of MICHAEL J. RYAN proposed operating limitations, the operating documents, and the technical aspects of the DJI UAS Aircraft, MICHAEL J. RYAN 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 speci fic to UAS in circumstances similar, in all material respects, to those presented herein (e.g. Exemption Nos. 11062, 11063, 110 64, 11065, 11066, 11067, 11080, 11109, 11110, 11112, 11136, 11138, 11150, 11153, 11156, 11157, 11158, 11159, 11160, 11161).

**The FAA May Prescribe Any Other Conditions for Safe Operation.**

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

requests that the FAA prescribe special conditions for the intended operation of the DJI UAS Aircraft UASs, which contain suc h safety standards t hat the Administrator f inds 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 c onditions 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 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 establ ished 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 UAS Airc raft UASs, since the airworthiness regulations of 14 C.F.R. Part 21 do not con tain 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 subchapter do not con tain 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 prop eller, he prescribes special conditions and amendments thereto for the product . The special conditions are issued in accordance with Part 11 of this chapter and contain such safety standards for the aircraft, aircraft engine or propeller as the FAA finds necessary t o establish a level of safety equivalent to that established in the regulations. See 14 C.F.R. § 21.16.

Therefore, in accordance with FMRA Section 333 and 14 C.F.R. § 21.16, the FAA may prescribe special conditions for Leading Edge’s intended operation of the DJI UAS Aircraft, which contain such safety standards that the Administrator finds necessary to establish a level of safety equivalent to that established by 14 C.F.R. Part 21, Subpart H, and 14 C.F.R Sections 61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b).

### 21

**A Summary That Can Be Published in The Federal Register, stating: The Rules from Which MICHAEL J. RYAN Seeks Exemption:** 

MICHAEL J. RYAN 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 MICHAEL J. RYAN Seeks:**

This exemption will permit MICHAEL J. RYAN to commercially operate an Unmanned Aircraft System (UAS) for the purpose of

c onducting aerial video and photography over certain areas of the United States.

**Any Additional Information, Views, Or Arguments Available to Support MICHAEL J. RYAN Request.**

This Petition is made pursuant to the FAA Modernization and Reform Act of 2012

(FMRA) Section 333, which directs the Secretary of Transportation to determine if certain UAS may operate safely in the NAS. As such, MICHAEL J. RYAN request for exemption may be granted pursuant to the authority of FMRA Section 333 and 14 C.F.R. Part 11, as set forth above.

FMRA Section 333 sets forth the requirements for considering whether a UAS will create a hazard to users of the NAS or the public, or otherwise pose a threat to national security; and further, provides the authority for such UAS to ope rate without
airworthiness certification.

As discussed in detail above, MICHAEL J. RYAN will operate DJI UAS aircraft safely in the NAS, without creating a hazard to users of the NAS, or the public, or otherwise pose a threat to national security.

### 22

**CONC LUS**  **ION**

As set forth herein, MICHAEL J. RYAN 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 UAS Aircraft commercially, without
an airworthi ness 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 Modernizatio n and Reform Act of 2012, while also advancing the interests of the public, by allowing MICHAEL J. RYAN to safely, efficiently, and economically operate the DJI UAS Aircraft commercially within the NAS.

WHEREFORE, in accordance with the Federal Aviation Regulations an d the FAA Modernization and Reform Act of 2012, Section 333, MICHAEL J. RYAN 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 Leading Edge to operate the DJI UAS Aircraft commercially for the purpose of conducting aerial video and photography over certain areas of the United States.

Dated: June 1 6 , 2015

Atta chments to this submission:

DJI Phantom 3 Manual

Very respectfully,

**Michael J. Ryan 63 Peeksville Road, Locust Grove, Georgia, 30248**

**770**

**- 402** 

**- 2848** 

**mjpryan@mindspring.com**

### 23

**APPENDIX**

**– A**  DJI PHANTOM 3 TECHNIC AL SPECIFICATIONS

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

- time altitude and location information to the PIC via t he linked monitor (smart phone/tablet devices)



## Specifications

Aircraft

Weight (Battery & Propellers Included) 1280 g

Max. Ascent Speed 5 m/s

Max. Descent Speed 3 m/s

Max. Speed 16 m/s (ATTI mode, no wind)

Max. Flight Altitude 6000 m

Max. Flight Time Approximately 23 minutes

Operating Temperature 0°C to 40°C

GPS Mode GPS/GLONASS

Gimbal

Controllable Range Pitch:

- 90° to + 30°

Vision Positioning

Velocity Range < 8 m/s (2 m above ground)

Altitude Range 30 cm

- 300 cm

Operating Range 30 cm

- 300 cm

Operating Environment Brightly lit (lux > 15) patterned surfaces

Camera

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

Lens FOV 94° 20mm(35mm format equivalent ) f/2.8

ISO Range 100

- 3200(video) 100

- 1600(photo)

Electronic Shutter Speed 8s

- 1/8000s

Image Max. Size 4000 x 3000

### 24

Still Photography Modes Single shot Burst shooting: 3/5/7 frames Auto Exposure Bracketing (AEB): 3/5 Bracketed frames at 0.7EV Bias Time

- lapse

S upported SD Card Types Micro SD Max. capacity: 64 GB. Class 10 or UHS

- 1 rating required

Video Recording Modes FHD:1920x1080p 24/25/30/48/50/60 HD:1280x720p 24/25/30/48/50/60

Max. Bitrate Of Video Storage 40 Mbps

Supported File Formats FAT32/exFAT Photo: JPEG, DNG Video: MP4/MOV (MPEG

- 4 AVC/H.264)

Operating Temperature Range 0°C to 40°C

© 2015 DJI. All Rights Reserved. 53

Remote Controller

Operating Frequency 2.400 GHz

- 2.483 GHz

Transmitting Distance 2000 m (Outdoor And Unobs tructed)

Video Output Port USB

Operating Temperature Range 0°C

- 40°C

Battery 6000 mAh LiPo 2S

Mobile Device Holder Tablets and smartphones

Transmitter Power(EIRP) FCC: 20 dbm; CE:16 dbm

Working Voltage 1.2 A @7.4 V

Charger

Vo ltage 17.4 V

Rated Power 57 W

Intelligent Flight Battery ( PH3

- 4480 mAh

- 15.2 V )

Capacity 4480 mAh

Voltage 15.2 V

Battery Type LiPo 4S

Energy 68 Wh

Net Weight 365 g

Operating Temperature

- 10°C

- 40°C

### 25

Max. Charging Power 100 W



### All specifications can be found in the attached user manual or at http://download.dji

innovations.com/downloads/phantom_3/en/Phant om_3_Advanced_User_Manual_v1.2_en.pdf

### 26

Appendix B

DJI PHANTOM 3 ADVANCED MAINTENANCE LOG
Screenshot below: