UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

FEDERAL AVIATION ADMINISTRATION
Petition for Exemption 14 CFR 11.81

IN THE MATTER OF THE PETITION FOR EXEMPTION OF FLY AWAY AERIAL IMAGING LLC FOR AN EXEMPTION SEEKING RELIEF FROM THE REQUIREMENTS OF TITLE 14 OF THE CODE OF FEDERAL REGULATIONS SECTIONS PART 21 SUBPART H, 91.103(b), 91.105, 91.109, 91.121, 91.151(b), 91.405 (a), 91.407(a)(1), 91.409(a)(1) & (a)(2), AND 91.417(a) & (b) CONCERNING COMMERCIAL OPERATION OF DJI PHANTOM 3 UNMANNED AIRCRAFT SYSTEMS PURSUANT TO SECTION 333 OF THE FAA MODERNIZATION AND REFORM ACT OF 2012 (PUBLIC LAW 112

- 95)

Submitted on August 15th, 2015

Kyle T. Gritzan 8127 Larkspur Ave NW North Canton, OH 44720 (330) 826

- 1198 kyle@flyawayimaging.com**SUMMARY**

Kyle T. Gritzan , the owner of Fly Away Aerial Imaging LLC, seeks exemption from the requirements of 14 C.F.R § 91.103(b), 91.105, 91.109, 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 allow Fly Away Aerial Imaging LLC to operate an Unmanned Aircraft System (UAS) for the commercial purpose of conducting aerial video and photography of real estat e, special events, film sets and construction sites within the United States.

**BACKGROUND**
Fly Away Aerial Imaging LLC seeks an exemption to operate DJI UAV systems for compensation or hire within the National Airspace System. Fly Away Aerial Imaging LLC desires to operate DJI PHANTOM 3 unmanned aerial systems. These Unmanned Aerial Vehicles are four bladed “quad” copters allowing for vertical takeoff and landing. The unit is powered by a Lithium Polymer battery which supplies power to four of the engines. It is controlled wirelessly through a Ground Control Station allowing it to be operated using a remote and an electronic tablet or smart phone system. The DJI PHANTOM 3 has a max speed of 29 knots, a maximum gross weight of approximately 2 pounds 11 ounce s, with dimensions of 16 inches by 16 inches standing 8 inches tall. The DJI PHANTOM 3 complies with all FCC radio frequency regulations. Fly Away Aerial Imaging LLC can provide a FCC compliance letter upon request.
If this petition is granted, DJI PHANTO M 3 systems that will be operated by Fly Away Aerial Imaging LLC will be registered in accordance with 49 U.S.C. 44103, Registration of Aircraft, and 14 C.F.R Part 47, Aircraft Registration, and marked in accordance with 14 C.F.R. Part 45, Identification

and Registration Marking.**THE SPECIFIC SECTIONS OF 14 C.F.R. FLY AWAY AERIAL**

**IMAGING LLC SEEKS EXEMPTION AND THE REASONS WHY GRANTING THIS EXEMPTION WOULD NOT ADVERSELY**  **AFFECT SAFETY.**
Petitioner, Fly Away Aerial Imaging LLC, pursuant to the provisions o f 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 commercially operate the DJI PHANTOM 3 i n the National Airspace System (NAS), and for an exemption from the following requirements:

- 14 C.F.R. Part 21, Subpart H Based on its size, weight and speed it 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.

**The Reasons Why Granting The Exemption Would Not Adversely Affect Safety:**  Fly Away Aerial Imaging LLC believes that safety will not be affected without an airworthiness certificate because the process of obtaining an airworthiness certificate is geared toward the certification of manned aircraft and not small UAVs. Small UAVs, l ike the DJI PHANTOM 3 are in a separate category of aircraft, as FMRA Section 333 recognizes.

- 14 C.F.R 91.103 (b) Fly Away Aerial Imaging LLC seeks an exemption from the requirements of Section 14 C.F.R. 91.103(b) entitled Preflight Action. If this pet ition is granted, Fly Away Aerial Imaging LLC will be operating a DJI PHANTOM 3 which does not require a runway. The DJI PHANTOM 3 takes off vertically without a runway. Therefore it is impossible for the PIC to calculate runway takeoff and landing distanc es.**Reasons Why An Exem ption From** **The Requirements Of Section**

**14 C.F.R. 91.103(b) Wou ld Not Adversely Affect Safety:**  Fly Away Aerial Imaging LLC believes that safety will be enhanced without the need for a runway. Additionally, the size and weight of t he DJI PHANTOM 3 is so small, that any takeoff or landing accident would cause minimal damage to persons or property when compared to manned aircraft takeoff and landing accidents.

- 14 C.F.R 91.105 Fly Away Aerial Imaging LLC seeks an exemption from the requirement of Section 14 C.F.R. 91.105, entitled flight crew members at stations. Because this is an Unmanned Aerial Vehicle, it is operated from the ground. Therefore, the operator has no need to we ar seat belts while flying. Fly Away Aerial Imaging LLC believes the UAV can be safely operated from the Ground Station and still maintain safety of flight.

**Reasons Why An Exem ption From** **The Requirements Of Section 14 C.F.R. 91.105 Would Not Adversely Af**  **fect Safety:** Fly Away Aerial Imaging LLC believes that UAVs are much safer because the PIC is safely on the ground. Any inflight turbulence does not affect the safety of the PIC. In the event of a crash, the PIC risks significantly less physical damage fro m the DJI PHANTOM 3 than he or she would inside a manned aircraft during a crash. For these reason s , Fly Away Aerial Imaging LLC believes that safety is actually improved by operating a UAV instead of a manned aircraft.- 14 C.F.R 91.109

Fly Away Aeria l Imaging LLC seeks an exemption from the requirement of Section 14 C.F.R. 91.105, entitled Flight Instruction; Simulated instrument flight and certain flight tests. Fly Away Aerial Imaging LLC believes that all forms of flight instruction given on the UAV can safely be given using a dual operator ground station. Using two remotes, the instructor has the ability to override the student if needed, ensuring the instructor has full control over the UAV at all times while given flight instruction. Without this exemption, it would be impossible for Fly Away Aerial Imaging LLC to give any type of UAV flight instruction.

**Reasons Why An Exem ption From** **The Requirements Of Section 14 C.F.R. 91.105 Wou**  **ld Not Adversely Affect Safety:** Fly Away Aerial Imaging LLC believ e s that the same level of safety will be maintained during flight instruction because the instructor has full control at all times while giving flight lessons. In the event that the student begins the lose control, the instructor can take over, exactly lik e it is done in manned aircraft.

- 14 C.F.R 91.121 Fly Away Aerial Imaging LLC also seeks an exemption from the requirements of Section 14 C.F.R. 91.121, entitled Altimeter Settings, as the DJI PHANTOM 3 does not have a barometric altimeter. The DJI PHANTOM 3 altimeter may be set on the ground to zero feet AGL, rather than the local barometric pressure or field altitude, before each flight. Altitude information is provided to the Pilot in Command via the telemetry data link. This information is displayed to the Pilot in Command via the ground station tablet interface. This altitude information, combined with visual line of sight will ensure a level of safety equivalent to that of Section 14 C.F. R. 91.121.**Reasons Why An Exem ption From** **The Requirements Of Section**

**14 C.F.R. 91.105 Wou ld Not Adversely**  **Affect Safety:** Fly Away Aerial Imaging LLC believe s that safety will still be maintained because the PIC still has altitude information available to him or her at all times during the flight. This, combined with attitude and ground speed information keeps the PIC aware of the UAV and its surroundings.

- 14 C.F.R 91.151(b) Fly Away Aerial Imaging LLC seeks an exemption from the requirements of Section 14 C.F.R. 91.151(b), entitled Fuel requirements for flight in VFR conditions. Fly Away Aerial Imaging LLC believes that the standard Lithium Polymer batteries that power the DJI PHANTOM 3. will be adequate for the short flights needed for this operation. The DJI PHANTOM 3 has enough battery power to fly for a total duration of approximately 13 minutes with an additional 5 minutes of reserve power for additional flying at normal speed. Fly Away Aerial Imaging LLC seeks the requested relief because without an exemption from Section 91.151(b), it would not be possible to fly a DJI PHANTOM 3. This would severely co nstrain the practicality of any aerial video or still photo flight operations that Fly Away Aerial Imaging LLC proposes to conduct pursuant to this Petition.

Furthermore, safety will be ensured as the DJI PHANTOM 3 UAV provide audible and visual warnings to the PIC at the ground station when the UAV experiences low battery voltage, the first warning occurring at approximately 33% remaining battery power, and again at approximately 10% remaining battery power. At the critically low battery level, the DJI P hantom Vision+ UAV will descend and land automatically.**Reasons Why An Exem ption From** **The Requirements Of Section**

**14 C.F.R. 91.105 Wou ld Not Adversely Affect Safety:**  Fly Away Aerial Imaging LLC believes that safety will still be maintained because the DJI PHANTOM 3 would always be flown within line of sight. This ensures that a landing can immediately be made within seconds or minutes. Additionally, the ability to take off or land vertically allows the DJI PHANTOM 3 to land on virtually any flat surface. This ensures that the DJI PHANTOM 3 will have plenty of battery reserves allowing it to always be able to safely land after a flight.

- 14 C.F.R 91.405(a), 91.407(a)(1) , 91.409(a)(1) & (a)(2), 91.417(a) & (b). Fly Away Aerial Imaging LLC requests relief from these sections as these sections set forth requirements for maintenance that only apply to aircraft with an airworthiness certificate. Fly Away Aerial Imaging LLC r equests relief from these Sections because the DJI Phantom 3 does not require airworthiness certificates as set forth in the conditions of FMRA Section 333.

A maintenance logbook will be developed to record all maintenance, alterations or repairs made on the UAV. Prior to any revenue flight, the PIC will be required to determine the DJI PHANTOM 3 UAV in a manner consistent with this exemption.

Fly Away Aerial Imaging LLC will use trained technicians to perform maintenance, alterations, or preventive maintenance on the UAVs using the methods, techniques, and practices prescribed in the UAV operating documents (Monthly Maintenance Log, and DJI PHA NTOM 3 Instruction Manual). Furthermore, Fly Away Aerial Imaging LLC will document and maintain all maintenance records for the DJI PHANTOM 3.Fly Away Aerial Imaging LLC submits that it will ensure that the DJI

PHANTOM 3 UAV are in an airworthy condit ion, prior to every flight, by determining that the UAVs are in compliance with the operating documents (Maintenance Log, and DJI PHANTOM 3 Instruction Manual), and that the aircraft is in a condition for safe flight.

**Reasons Why An Exem**  **ption From The Requirements Of Section**  **14 C.F.R. 91.105 Wou ld Not Adversely Affect Safety:**  Fly Away Aerial Imaging will carefully and meticulously operate the DJI PHANTOM 3 in accordance with the manufacturer’s operating manual. The exemption sought w ill not adversely affect safety because Fly Away Aerial Imaging LLC will use trained technicians to perform maintenance, alterations or preventive maintenance on the UAV using the methods, techniques, and practices prescribed by the operating documents. Fl y Away Aerial Imaging LLC believes that safety will not be affected because the procedures established above ensure the the DJI PHANTOM 3 will always be maintained and operated in a structured, organized and consistent manner. Using the procedures above en sures that each flight is taken with the utmost care.**The Reasons Why Granting Fly Away Aerial Im aging LLC’s Request** 

**Would Be In The Public Interest AND How It Would Benefit The Public As A Whole.** 
Reason #1. Expanding the availability of affordable aerial photos for industry
Granting this petition will further the public interest by expanding the availability of economically affordable aerial cinematography and photography. Historically, the public has used aerial photos for a variety of reasons. The se aerial photos and videos have been obtained using manned aircraft, costing hundreds and thousands of dollars per hour to operate. Granting this petition will increase the quality of aerial photography services, while at the same time decreasing the pric e. This service will allow for the following:

 enhanced and dynamic real estate marketing, benefiting property owners and real estate agents

 crop surveying for the agricultural industry (field drainage monitoring, crop insurance documentation, pesticide m onitoring, etc), which will lead to increased farming efficiency benefiting both farmers and

consumers

 i nsurance claim documentation for insurance companies such as hail damage, crop damage, bridge collapses, flooding, etc., which will benefit the insuran ce companies and consumers of insurance products

 construction progress for residential, commercial, and industrial construction companies.

 wetland and water drainage mitigation for public works departments, which will enhance the ability of civil enginee rs to plan for water drainage mitigation

 power line and pipeline utility inspection services for utility companies

- many more potential applications exist
The increased efficiency and lower cost of operating a UAV for aerial applications will benefit the economy as a whole by allowing scarce resources, such as aircraft fuel, to be used in other areas of the economy. This will ensure that the United States remains competitive on the global market for aerial applications and ensure that more jobs stay locat ed within the United States.Reason #2. Reduced Levels of Air and Noise Pollution

Using the DJI PHANTOM 3 UAV, to conduct aerial operations instead of manned aircraft will greatly benefit the public by reducing the levels of air and noise pollution. Small UAVs are much more energy efficient than traditional manned aircraft. By using battery power and electric motors, the DJI PHANTOM 3 UAV produces no air pollution, and is much more environmentally friendly that the traditional four to six

- cylinder internal combustion aircraft engines that are typically utilized for aerial video and photography. These manned aircraft burn approximately 10

- 25 gallons per hour of leaded aviation fuel. The DJI PHANTOM 3 UAV also eliminates a lot of noise pollution. The small pr opeller blades and electric motors produce only a fraction of the noise level that traditional fixed

- wing aircraft or helicopters produce.
Reason #3 Increased Public Safety
The public will b enefit from the safety and efficiency o f the DJI PHANTOM 3 UAV. T he DJI PHANTOM 3, weighing only 2 pounds 11 ounces, poses a very small threat to people and property on the ground in the event of a crash. The damage a 2 pound UAV can do is very small com pared to the damage that a 4000 lb aircraft with hundreds of gallons of fuel onboard. In other words, it has less physical potential for collateral damage to life and property compared to manned aircraft.
Reason #4. Reduced Congestion of the National Airspace System
Granting this request also benefits the public as a who le by reducing the congestion of manned aircraft, leading to decreased congestion of the NAS. By reducing the number of manned aircraft operating in the NAS, it will relieve the air traffic control system of unnecessary aircraft traffic. Because the DJI PH ANTOM 3 UAV does not need a runway or airport to operate, it would result in fewer aircraft that must be handled by air traffic control during the ground, takeoff, departure, arrival, and landing phases of flight operations. This will allow the air traffic control system to focus their resources more on the needs of other types of manned flights.**How Fly Away Aerial Im**  **aging LLC plans to operate the UAV if this**

**petition is granted**

. If this petition is granted flights of DJI PHANTOM 3 UAV will be conducted according specific o perating l imitations

1. 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. 2. The UAV must be operated at an altitude of no more than 200 AGL. 3. The UAV 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 medi cal certificate. 4. 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 messa ging or texting is not permitted during flight operations. The PIC must be designated before the flight and cannot transfer his or her designation for the duration of the flight. The PIC must ensure that the SO can perform the functions prescribed in the o perating documents. 5. The SO must not perform any other duties beyond assisting the PIC with seeing and avoiding other air traffic and other ground based obstacles/obstructions and is not permitted to operate the camera or other instruments. 6. The operating d ocuments and the grant of exemption must be accessible during UAV operations and made available to the Administrator upon request. If a discrepancy exists between the conditions and limitations contained in the grant of exemption and the procedures outline d in the operating documents, the conditions and limitations contained in the grant of exemption take precedence and must be followed.7. Prior to each flight the PIC must inspect the UAV 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 UAV, the aircraft is prohibited from operating until the necessary maintenance has been performed and the UAV 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. 8. Any UAV that has undergone maintenance or alterations that affect the UAV operation or flight characteristics, e.g. replacement of a f light critical component, must undergo a functional test flight. The PIC who conducts the functional test flight must make an entry in the aircraft records. 9. The pre

- flight inspection must account for all potential discrepancies, e.g. inoperable components , items, or equipment, not already covered in the relevant sections of the operating documents. 10. 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 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 UAV to service. 11. Each UAV op erated under this exemption must comply with all manufacturer Safety Bulletins. 12. UAV operations may not be conducted during night, as defined in 14 C.F.R. § 1.1. All operations must be conducted under visual meteorological conditions (VMC). If flight at ni ght 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. 13. The UAV may not operate within 5 nautical miles of an airport reference point as denoted on a current FAA

- published aeronautical chart, or within the lateral limits of class B, C or D airspace as denoted on a current FAA

- published aeronautical chart.14. If the UAV loses communications or loses its GPS signal, it must

return to a pre

- determined location within the planned operating area and land or be recovered in accordance with the operating documents. 15. The PIC must abort the flight in the event of unpredicted obstacles or emergencies in accordance with the operating documents. 16. The PIC is prohibited from beginning a flight unless (considering wind and forecast weather conditions) there is enough power to fly at normal cruising speed to the intended landing point and land the UA with 25% battery power remaining. 17. All aircraft operated in accordance with the exemption must be identified by serial number, registered in accordance with 14 C.F.R. part 47, and have identification (N

- Number) markings in accordance with 14 C.F.R. part 45, Subpart C. Markings must be as large as practicable. 18. The UAV must remain clear and yield the right of way to all manned aviation operations and activities at all times. 19. The UAV may not be operated by the PIC from any moving device or vehicle. 20. Flight operations must be conducted at least 500 feet from all nonparticipating persons (persons other than the PIC, SO, operator trainees or essential persons), vessels, vehicles, and structures unless: a. Barriers or structures are present that sufficien tly 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 UAV, flight operations must cease immediately and/or; b. The aircraft is operated near vessels, vehicles or structures where the owner/controller of such vessels, vehicles or structures has granted permission and the PIC has mad e 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). 21. All operations shall be conducted over private or controlled

- access property with permission from the land owner/controller or authorized representative. Permission from land owner/controller or authorized representative will be obtained for each flight to be conducted.Flight safety will be maintained because the PIC operating the DJI

PHANTOM 3 is already a ATP pilot and has demonstrated that the PIC is able to safely operate the DJI PHANTOM 3 UAV in a manner consistent with safe operation, including evasive and emergency maneuvers and maintaining appropriate distances from people, vessels, vehicles and
structures. Fly Away Aerial Imaging LLC will not allow any PIC to operate the DJI PHANTOM 3 un less that PIC has demonstrated to the PI C that he or she is able to safely operate the DJI PHANTOM 3 UAV in a manner consistent with this exemption, including evasive and emergency maneuvers and maintaining appropriate distances from people, vessels, vehicles and
structures.**Technical Specifi cations Of The DJI PHANTOM 3 UAV.** 

Fly Away Aerial Imaging desires to operate a DJI PHANTOM 3. This Unmanned Aerial Vehicle is a four bladed “quad” copter allowing for vertical takeoff and landing. The unit is powered by a Lithium Polymer battery which supplies power to four of the engines. It is controlled wirelessly through a Ground Control Station allowing it to be operated using a remote and an electronic tablet or smart phone systems. The DJI PHANTOM 3 has max speed of 29 knots, a maximum gross weight of approximately 2 pounds 11

ounces , with dimensions of 16 inches by 16 inches standing 8 inches tall. The DJI PHANTOM 3 complies with all FCC radio frequency regulations. Fly Away Aerial Imaging LLC can provide a FCC compliance letter upon request. The DJI PHANTOM 3 UAV Autonomous Flight A nd Navigation Modes Enable The UAV To Remain Within A Defined Operational Area. The DJI PHANTOM 3 UAV may be operated in both manual and fully autonomous flight modes. A complete description of the flight and navigational modes of the DJI PHANTOM 3 UAV is provided at pages 25

- 35 of the DJI PHANTOM 3 User Manual (see attachment) The DJI PHANTOM 3 UAV 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 3 UAV will remain stationary, in flight, for 3 seconds or more. If, after 3 seconds, the DJI PHANTOM 3 UAV does not reacquire control link data from the GCS, the UAV will assume that the Control Link is lost and the UAV 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 PHANTOM 3 UAV are set forth at pages 27 through 29 of the DJI PHANTOM 3 User Manual (see attachment) A complete description of the operation and specifications of the DJI PHANTOM 3 GCS and flight control software is provided at pages 32 through 43 of the DJI PHANTOM 3 User Manual.
Considering the size, weight, speed and operation capability, Fly Away Aerial Imaging LLC believes the DJI PHANTOM 3 UAV does not create a hazard to users of the NAS or the public, or otherwise pose a threat to national security. For further technical information concerning the DJI PHANTOM 3, see the attached operator’s manual**CONCLUSION**

Fly Away Aerial Imaging 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 3 UAV commercially, without an airworthiness certificate, for the limited purpose of conducting aerial video and photography over certain areas of the United States. By granting this Petition, the FAA Administrator will be fulfilling the Congressional mandate of the FAA Modernization and Reform Act of 2012,

w hile also advancing the interests of the public, by allowing Fly Away Aerial Imaging LLC to safely, efficiently, and economically operate the DJI PHANTOM 3 commercially within the NAS.
In accordance with the Federal Aviation Regulations and the FAA Modern ization and Reform Act of 2012, Section 333, Fly Away Aerial Imaging LLC respectfully requests that the Administrator grant this Petition for an exemption from the requirements of 14 C.F.R Sections 91.103(b), 91.105, 91.109, 91.121, 91.151(b), 91.405(a), 9 1.407(a)(1), 91.409(a)(1) & (a)(2), AND 91.417(a) & (b) to operate the DJI PHANTOM 3 UAV commercially for the purpose of conducting aerial video and photography over certain areas of the United States.
Dated: August 15th, 2015

Respectfully submitted, K yle Gritzan

Kyle Gritzan 8127 Larkspur Ave NW North Canton, OH 44720 (330) 826

- 1198 kyle@flyawayimaging.com