AERIAL AND SEA VENTURES, LLC’s Petition For Exemption Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 For Commercial Use Of A DJI Phantom 3 Professional Remotely Piloted Quadcopter sUAS For Aerial Photography

FAA Rules Docket:

___________________

NAME AND ADDRESS OF APPLICANT COUNSEL FOR APPLICANT AERIAL AND SEA VENTURES, LLC Brant C. Hadaway 970 Lake Carillon Drive DIAZ REUS & TARG, LLP Suite 300 3400 Miami Tower St. Peter s burg, FL 33716 100 Southeast Second Street Bseither@gmail.com Miami, Florida 33131 Telephone (305) 375

- 9220 Facsimile (305) 375

- 8050 bhadaway @ diazreus.comAerial and Sea Ventures, LLC Petition For Exemption January 8 , 201 6

2 A. Petition Summary Aerial and Sea Ventures, LLC (“Aerial”) hereby respectfully requests expedited approval and necessary exemptions from the Federal Aviation Administration’s (“FAA”) airworthiness certification and related requirements (i.e., 49 U.S.C. § 44704, 14 C.F.R. P ar t 21, and 14 C.F.R. §§ 45.23(b), 91.7(a), 91.9(b)(2), 91.103, 91.119, 91.121, 91.151( a ) (1) , 91.203(a)

- (b), 91.405(a), 91.407(a)(1), 91.409(a)(2), and 91.417(a)

- (b) ) for the purpose of operating its remotely

- piloted quad copter, a DJI Phantom 3 Professional (“DJI”), to provide aerial photography and video

related services in the United States. The DJI is a highly successful, safe, efficient, and effective small unmanned aircraft system (“ s UAS”) . The DJI is a consumer grade small r otorcraft in the quadcopter configuration. Aerial seeks the exemptions to bring the commercial benefits of the
DJI to its business and its clients

. Aerial seeks the exemptions pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (the “FMRA”) , Pub. Law 112

– 95 ( hereinafter, “ Section 333 ” ) , 49 U.S.C. §
40101 , and the FAA’s general exemption authority under 49 U.S.C. § 44701 (f) (“Section 44701(f)”). The requested exemptions satisfy the applicable statutory criteria and policies, will serve the public interest, w ill not adversely affect safety, and w ill provide a level of safety at least equal to the existing airworthi ness and related regulations. Aerial asks that its Petition be granted on an expedited basis. The exemptions Aerial seeks in this Petition are all similar in all material respects to those requested in , for example, Grant for Exemption Nos. 11062, 11109, 11112, 11213, and 13050. The reasons stated by the FAA for granting Exemption Nos. 11062, 11109, 11112, 11213, and 13050 also apply to the present Petition. Moreover, as fully explained below, a grant of exemption for Aerial is in the public interest.Aerial and Sea Ventures, LLC Petition For Exemption January 8 , 201 6

3 B. Background 1. Aerial Applicant Aerial is a Florida l imited l iability c ompany, based in St. Petersburg, Florida.
See Aerial’s Entity Detail, a ttached as Exhibit “1

. ” Aerial intends to use the DJI for the purposes of aerial photography, cinematography, videography, and other related services in the United
States. Aerial intends to offer its services to private individuals and businesses, for aerial videography and photography of private events , and to real estate companies seeking to enhance their for

- sale listing s with aerial pictures and videos. 2. DJI The DJI is one of the world’s most popular sUAS

. The DJI is a remotely

- piloted quadcopter controlled by a trained, on

- site pilot using a radio transmitter. The DJI is powered by

a 6000mAh LiPo 2S ba ttery. See DJI’s Specifications, attached as Exhibit “2.” The DJI is approximately 1 f oo t and 11 inches (590mm) in diagonal size. See id. It weights less than 46oz (1280g) , and is designed to carry a 4K camera and DJI Lightbridge image transmission technology, which makes HD live

- streaming possible over distances up to 1.2 miles

. See id. The DJI’s maximum speed is 30 knots (16m/s) and has a maximum climb rate of less than 1200 feet per minute (5 m/s)

. S ee id. C. Relevant Statutory Authority 1. Section 333 Section 333(a) provides that the FAA “shall determine if certain unmanned aircraft systems may operate safely in the national airspace system before completion of the [comprehensive] plan and rulemaking required by section 332 of this Act or the guidanceAerial and Sea Ventures, LLC Petition For Exemption January 8 , 201 6

4 required by section 334 o f the Act.” In section 332(b)(1), Congress expressly described Section 333 as a pathway for “expedited operational authorization.” Section 333(b) identifies several factors that the FAA should consider in determining whether a UAS should be approved for certain uses in the NAS. These include UAS that, “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 [NAS] or the
p ublic pose a threat to national security.” Based upon these factors, and for purposes of this Petition , the FAA may determine that “airworthiness certification under section 44704 of title 39, United States Code” is not required for operation of UAS for c ertain uses. See Section 333(b) (2)

. In making that determination, the FAA “shall [also] establish requirements for the safe operation of” the UAS in the NAS. See Section 333(c). 2. Section 44701(f) In addition, the FAA Administrator has general authority to grant exemptions from its safety regulations and minimum standards when the Administrator decides a requested exemption is in the public interest. See 49 U.S.C. § 44701(f) (authorizing the grant of exemptions from a requirement of regulations prescribed pursuant to section 44701(a)

- (b) and sections 44702

- 4471(6). A party requesting an exemption must explain the reasons why the exemption (a) would benefit the public as a whole, and (b) would not a dversely affect safety (or how it would provide a level of safety at least equal to the existing rules)

. S ee 14 C.F.R. § 11.81; FAA, Petition for Exemptions , hhtp://www.faa.gov/regulations_policies/rulemaking/petition/#exemptions (last visited January 8 , 201 6 ).Aerial and Sea Ventures, LLC Petition For Exemption January 8 , 201 6

5 For the reasons shown below, Aerial’s petition qualifies for expedited approval of the requested exemptions under Sections 333 and 44701(f), subject to the proposed requirements for safe operation of the DJI in the NAS.
D. The DJI Satisfies The Statutory Criteria For Approval Under Section 333 The DJI is a type of s UAS that qualifies for expedited approval under Section 333 for the aerial photography and video uses proposed by Aerial. Each of the statutory criteria and other potentially relevant factors are also satisfied: 1. Section 333(b)(1) Criteria

a. Size The DJI is approximately 1 foot and 11 inches (590mm) in diagonal size. See DJI’s Specifications, attached as Exhibit “2.” b. Weight The DJI has an advertised weight of less tha n 46 oz (1280g) and is designed to carry aloft a high definition camera

. See id.

c. Speed The DJI has an advertised maximum speed of 30 knots ( 16m/s ) and a maximum climb rate of less than 1200 feet per minute (5 m/s). See id. d. Operational capability The DJI is a highly successful consumer grade small rotorcraft in the quadcopter configuration. It is powered by four electric motors with a distance between motors of less than 14 inches (350mm). See id. I t utilizes an internal inertial measuring unit (“IMU”) with integrated barometric sensor augmented with global positioning system (“GPS”) to maintain its geospatial orientation and position. See DJI’s Professional User Manual, attached as Exhibit “3

. ”Aerial and Sea Ventures, LLC Petition For Exemption January 8 , 201 6

6 It is controlled primari ly through an FCC certified radio control (“RC”) unit. See id. Real time video and telemetry information is transmitted back to a ground control station allowing the operator and/or PIC, camera imagery, and control camera angle. See id. It has failsafe modes of operation for either lo ss of RC or GPS signal. See id. Altitude can be limited by the onboard limits flights times to approximately 23 minutes. See id. The onboard flight controller will warn the pilot via telemetry and external lighting cues before reaching a low battery st ate. See id. An automatic termination of flight and landing will be initiated when the battery reaches a predetermined low state. See id.

e. Proximity to Airpo r ts/Populated Areas /Altitude Operations will be performed only at the request , and with the authorization and permission , of cli ents or their authorized agents, in predetermined areas , within proximity only of
persons who are participating in the activity or event being photographed or videotaped , and away from the general public, airports, helic opters, and vehicular traffic

. If a requested operation falls within 5 miles of an airport, Aerial will notify ATC and, if required , filing a NOTAM

. Operations will be limited to Class G airspace , at altitudes no greater than 2 00 feet AGL , which is well below the airspace where manned vehicles operate. Aerial will only use the DJI for photograph y and video

- related activities, in good weather and always within the pilot in command’s (“PIC”) line

- of

- sight. This will allow the PIC to be able to use human vision unaided by any device other than corrective lenses. Aerial will utilize a visual observer (“VO”) that will be positioned at the opposite side of the photographed or videotaped area, who will be in constant communication with the PIC to ensure that the DJI is always within line

- of

- sight and to help identify and alert the PIC of any potential obstacles on the ground or in the air

.Aerial and Sea Ventures, LLC Petition For Exemption January 8 , 201 6

7 f. Safety Systems The DJI is equipped with a failsafe Return

- To

- Home function that is automatically activated when the remo te control signal is lost for more than three seconds. See id. Similarly, the Return

- To

- Home function activates in the event of low battery. See id. The Return

- To

Home process may be interrupted and the operator may regain control of the aircraft if th e remote controller signal connection is re

- established. See id.
I n addition to using GPS for location accuracy, the DJI employs the DJI Vision Positioning System, which uses ultrasound and image data to help the aircraft maintain its position in relation to its immediate surroundings

. See id. With the help of Vision Positioning, the DJI can hove r in place more precisely and fly in environments where a GPS signal is not available. The DJI is also equipped with front and rear LED lights, ens uring that it is always visible while in the air. See id.
E. The DJI Also Qualifies For The Requested Exemption Under Section 44701(f) The DJI and its proposed uses also satisfy the requirements and policies for exemption under Section 44701(f) from the F AA’s related safety regulations. See also 14 C.F.R. § 11.81 (setting forth pe t ition requirements). 1. Public Interest Benefits As noted above, the DJI can enhance safety and reduce environmental impact as compared to similar operations conducted with manned aircraft of greater proportions, which carry a crew and flammable fuel. Additionally, the use of the DJI in order to facilitate commerce could lead to economic growth by bringing the benefits to aerial photography and videography to individuals and businesses for whom such services were previously cost

- prohibitive whenAerial and Sea Ventures, LLC Petition For Exemption January 8 , 201 6

8 conducted from manned aircraft. Operations for Aerial will enable property owners or their agent s to obtain enhanced perspective s of characteristics, amenities, and benefits of their subjects that cannot be displayed through ground level videography/photography. It will allow private event organizers to add value to events at a substan tial savings in cost, with greater flexibility, less noise, and greater safety, as compared to similar services provided by manned aircraft. 2. No Adverse Safety Effects For the reasons set forth in Part D, above, g ranting the Petition will not adversely affect aviation safety or pose any undue risks to the public. Aerial intends to use the DJI only for strictly controlled photograph y and video

- related activities, expressly authorized by Aerial’s clients or their agents. Aerial commits to us ing the DJI at altitudes no greater than 200 feet
AGL , and to notif y ATC if the DJI’s operations fall within 5 miles of an airport.
F. DJI’s Pilot in Command (“PIC”) Aerial’s PIC, Albert Seither (“Mr. Seither”), is a licensed airline transport pilot (“ATP”) and holds a first class medical certificate. See Mr. Seither’s ATP and medical certificate, attached as Composite Exhibit “4.” Mr. Seither has over 32 years of experience in the aviation industry as an ATP pilot, and has logged over 23,000 hours as the PIC of Boeing s 737 , in addition to numerous general aviation aircrafts , for Southwest Airline s and Pres i dential Airways

. Mr. Seither’s qualifications mean that he has been tested to the highest level of piloting ability, far in excess of the sport pilot rating currently permitted for operation of sUAS under Section 333. Thus, the DJI that Aerial intends to use for its commercial activit ies will be piloted by a highly trained and qualified PIC, capable of maintaining the safety of the rotorcraft’s operation at all times.Aerial and Sea Ventures, LLC Petition For Exemption January 8 , 201 6

9 Prior to each flight, Mr. Seither will inspect the DJI to ensure that it is in a condition for safe flight. If the i nspection reveals a condition that affects the safe operation of the DJI, the quadcopter will not be operated until the necessary maintenance has been performed and the DJI is found to be in a condition for safe flight. Additionally, Mr. Seither will be a ssisted by a VO to ensure that the DJI is always within line

- of

- sight and to help identify and advise Mr. Seither of any potential obstacles on the ground or in the air

. G. Description of the Relief Sought 1. 14 C.F.R. Part 21: Airworthiness Certification
FAR Part 21 , Subpart H, established procedural requirements for certifications under Section 44704, including airworthiness certificates. Both Sections 333 and 44701(b) authorize the FAA to exempt the aircraft from airworthiness certification under this Part. As shown above, the DJI meets the criteria for exemption from Part 21 , Subpart H, based upon consideration of its size, weight, speed, operational capability, and proximity to airports and populated areas. See Section 333. Furthermore, the proposed use of the DJI without an airworthiness certificate in the restricted operating environmen t and conditions identified in this Petition would be at least as safe or safer than conventional aircraft operating with an airworthiness certificate, and would bring m ultiple benefits to the public. Therefore, Aerial requests an exemption from Part 21 , Subpart H ’s requirements for airworthiness certification. 2. 14 C.F.R. § 45.23(b): Marking Requirements Section 45.23(b) requires that , for limited, restricted, or light

- sport category aircraft, markings indicating the aircraft category must be displayed “near each entrance to the cabin, cockpit, or pilot station.” Exemption from § 45.23(b) is warranted because the DJI has noAerial and Sea Ventures, LLC Petition For Exemption January 8 , 201 6

10 entrance to the cabin, cockpit, or pilot station on which the required marking can be displayed. Thus, Aerial requests an exemption to § 45.23(b)

. 3. 14 C.F.R. § 91.7(a): Civil Aircraft Airworthiness The FAA has previously granted relief from Section 91. 7(a) specific to sUAS, in circumstances similar, in all material respects, to those presented herein (e.g. Exemption Nos. 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11112, 11136, 11138, 11150, 11153, 11156, 11157, 11158, 11159, 11160, 11161, 13050). Section 9 1.7 (a) requires that a civil aircraft be in an airworthy condition to be operated. The DJI is a consumer grade rotorcraft in the quadcopter configuration that has been widely used, in complete safety, for operations that are similar or identical to the op erations intended to be conducted by Aerial

. Aerial requests an exemption to Section 91.7(a) because the DJI does not require an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H. Therefore, Aerial will ensure the DJI is in airwor thy condition based upon its compliance with the DJI’s Professional User Manual , which includes a comprehensive preflight safety protocol for operation of each unit. See DJI’s Professional User Manual , attached as Exhibit “ 3 .” Aerial will use trained technicians to perform maintenance, alterations, or preventive maintenance of the DJI using the methods, techniques or practices prescribed in the DJI operating documents (i

. e . Monthly Maintenance Log and DJI Phantom 3 Professional User Manual). Furthermore, Aerial will document and maintain all maintenance records for the DJI. Aerial therefore requests an exemption to the airworthiness certificate requirement of Section 91.7(a). 4. 14 C.F.R. § 91.9(b)(2): Civil Aircraft Flight Manual in the Aircraft Section 91.9(b)(2) prohibits a person from operating a civil aircraft “[f]or which an Airplane or Rotorcraft Flight Manual is not required by § 21.5 of this chapter, unless there isAerial and Sea Ventures, LLC Petition For Exemption January 8 , 201 6

11 available in the aircraft a current approved Airplane Rotorcraft Flight Manual, approved manual materials, markings, and placards, or any combination thereof.” Given its size, configuration, and load capacity, the DJI has no capacity or capability to carr y such manual. Furthermore, there is no pilot on board the DJI, making an on

- board manual unnecessary. Therefore, Aerial requests an exemption from § 91.9(b)(2) ’s flight manual requirements.
5. 14 C.F.R. § 91.103: Preflight Action Section 91.103 requires a pilot in command to become familiar with specific information before each flight, including information contained in the FAA

- approved Flight Manual on board the aircraft. As no FAA

- approved Flight Manual will be provided, Aerial requests an exemption fro m § 91.103. 6. 14 C.F.R. § 91.119: Minimum Safe Altitudes Section 91.119 prescribes the minimum safe altitudes under which aircraft may not operate, including 500 feet above the surface and away from any person, vessel, vehicle, or structure in non

- congested areas. See 14 C.F.R . § 91 .119(c). Since Aerial intends to operate t he DJI at altitudes at or below 200 feet AGL, Aerial requests an exemption from the minimum safe altitude requirement.
7. 14 C.F.R. § 91.121: Altimeter Settings The FAA has previously granted relief from Section 91.121 specific to sUAS, in circumstances simi lar, 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, 13050). Section 91.121 requires a person operating an aircraft to maintain cruising altitude or flight level by reference to an altimeter that is set to the elevation of the departure airport orAerial and Sea Ventures, LLC Petition For Exemption January 8 , 201 6

12 barometric pressure. The DJI does not have a barometric altimeter, b ut rather its location is determined using GPS, the DJI’s altitude information will be provided to the PIC via GPS equipment and radio communications telemetry data link, which downlinks from the DJI to the ground control station (“GCS”) for active monito ring of the flight path. Additionally, the PIC will constantly monitor the DJI’s height thus ensuring operation at safe altitudes. For these reason s , Aerial requests an exemption to § 91.121’s altimeter requirements. 8. 14 C.F.R. § 91.203(a)&(b): Carrying Civil Aircraft Certification and Registration Section 91.203 requires a civil aircraft to have “ within it . . . [a]n appropriate and current airworthiness certificate” that must be “displayed at the cabin or cockpit entrance so that it is legible to passen gers or crew.” (Emphasis added). In addition to the fact that Aerial is seeking and exemption from the airworthiness certificate requirement, an exemption to this regulation is necessary because the DJI (1) has a load capacity and size such that it cannot carry such certification with it, (2) does not have a cabin or cockpit entrance at which such a certificate could be displayed, and (3) there are no passengers or crew for whom the certificate need be displayed. Thus, Aerial requests an exemption to § 91

. 203(a)&(b). 9. 14 C.F.R. § 91.405(a); 91.407(a)(1); 91.409(a)(2); 91.417(a)&(b): Maintenance Inspections The FAA has previously granted relief from Sections 91.405(a); 91.407(a)(1); 91.409(a)(2); 91.417(a)&(b) specific to sUAS, in circumstances similar, in a ll material respects, to those presented herein (e.g. Exemption Nos. 11062, 11063, 11064, 11065, 11066, 11067,Aerial and Sea Ventures, LLC Petition For Exemption January 8 , 201 6

13 11080, 11109, 11112, 11136, 11138, 11150, 11153, 11156, 11157, 11158, 11159, 11160, 11161, 13050). These regulations specify maintenance and ins pection standards in reference to 14 C.F.R.
Part 43. See, e.g. , 14 C.F.R. § 91 .405(a) (stating that each owner or operator of an aircraft “[s]hall have that aircraft inspected as prescribed in subpart E of this part and shall between required inspections . . . have discrepancies repaired as prescribed in part 43 of this chapter”). An exemption to these regulations is needed because Part 43 and these sections apply only to aircraft with an airworthiness certificate, which the DJI will not have

. See id

. § 43.1(a). The DJI meets the conditions of FMRA Section 333 for operation without an airworthiness certificate. Accordingly, Aerial will use trained technicians to perform maintenance, alterations, or preventive maintenance on the DJI using the methods, techniques, and practices prescribed in the DJI for operating documents (i

. e ., Monthly Maintenance Log and DJI Phantom 3 Professional User Manual). Furthermore, Aerial will document and maintain all maintenance records for the DJI. 10. 14 C.F.R. § 91.151(a)( 1) : Fuel Requirements for Flights in VFR Conditions Section 91.151(a) prescribes that “[ n ] o person may begin a flight in an airplane under visual flight rules (VFR) conditions unless (considering wind and forecast weather conditions) there is enough fuel t o fly to the first point of intended landing and, assuming normal cruising speed, (1) during the day, to fly after that for at least 30 minutes.”

. The DJI is a battery

- operated rotorcraft , and therefore does not carry liquid fuel. The DJI batteries provide 23 minutes of powered flight , which is the approximate duration of the flights that Aerial will conduct to carry out its video and photography

- related operations. Aerial requests an exemption to § 91.151(a)(1) , and further allege s that the DJI is equipped with aAerial and Sea Ventures, LLC Petition For Exemption January 8 , 201 6

14 safety feature that warrants the exemption. T he DJI is equipped with an onboard flight controller that will warn the pilot via telemetry and external lighting cues before reaching a low battery state. An automatic termination of flight an d landing will be initiated when the battery reaches a predetermined low state. See DJI’s Professional User Manual, attached as Exhibit “3

. ”
H. Summary That Can be Published in The Federal Register Aerial seeks exemption from the requirements of 49 U.S.C. § 44704, 14 C.F.R. Part 21, and 14 C.F.R. §§ 45.23(b), 91.7(a), 91.9(b)(2), 91.103, 91.119, 91.121, 91.151(a)(1), 91.203(a)

- (b), 91.405(a), 91.407(a)(1), 91.409(a)(2), and 91.417(a)

- (b)) for the p urpose of operating its remotely

- piloted quadcopter, the DJI Phantom 3 Professional (“DJI”), to provide aerial photography and video

- related services in the United States.
I. Conclusion For all the reasons shown above, the DJI satisfies the relevant statutory criteria and related factors for expedited approval pursuant to Section 333. Accordingly, Aerial requests that the foregoing relief be granted on an expedited basis for the purpose of operating the DJI to provide commercial aerial photography, c inematography, videography, and other related services in the United States. If you have any further questions after considering the information provided above, please feel free to contact us.

Sincerely,

Brant C. Hadaway

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