January 21 , 2016

U.S. Department of Transportation Docket Management System 1200 New Jersey Avenue SE Washington, DC 20590

Re: Exemption Request under Section 333 of the FAA Reform Act and Part 11 of the FAA Regulations and certain parts of the FARs.

Dear Sir or Madam:

In order to provide safe and non

- polluting aerial videography and photography for public

, private, non

- profit, and business interests, I, David Levy, dba Levy Media Works, would like to receive exemptions from the following Section 333 regul ations:

14 C.F.R. § 61.23(a) and (c) 14 C.F.R. § 61.101(e)(4) and (5) 14 C.F.R. § 61.113(a) 14 C.F.R. § 61.315(a) 14 C.F.R. § 91.7(a) 14 C.F.R. § 91.119(c) 14 C.F.R. § 91.121 14 C.F.R. § 91.151(a)(1) 14 C.F.R. § 91.405(a) 14 C.F.R. § 91.407(a)(1) 14 C.F .R. § 91.409(a)(1) and (2) 14 C.F.R. § 91.417(a) and (b)

so that I may operate the DJI Inspire 1 and DJI Phantom 3 Professional Small UAS s according to the guidelines of the relevant operator’s manuals, pre

- flight, flight, and takeoff/landing checklists (Appendix A), as well as FAA guidelines for Small UAS flight s

.

The DJI Inspire 1 weighs 6.47 pounds, while the DJI Phantom 3 Professional weighs 2.82 pounds. Both will always be flown under 400 AGL , are electrically powered by lithium ion batteries, carry no combustible fuel or crew, and will be transported in proper storag e to and from all flight areas in a ccordance with FAA guidelines.

These pr oposed exemptions would allow my business to use the DJI Inspire 1 and DJI Phantom 3 Professional , to provide ae rial videography and photography as a commercial service to public, private, non

- prof it, and business entities, in support of the following activities:

• Action sports

• Agriculture/crop surveying

• Architecture and construction

• Bridge inspections

• Cinematography and photography• Closed

- s et motion picture and television filming

• Data collection for utility infrastructures

• Emergency services

• Engineering surveys

• Environmental assessment

• Geological surveying

• Government assistance

• GPS global mapping

• Insurance inspectio ns

• Land surveying and mapping

• Livestock monitoring

• Marketing and advertising

• Mining

- related surveys

• News gathering and television production

• Oil and gas title research and exploration

• Public, non

- profit and commercial photography and videography

• Real

- esta te photography and videography

• Roof Inspections

• Scientific research

• Search and rescue under the authority and support of local authorities

• Sporting events

• Thermal imaging and videography

• UAS education and training

• Wedding and private individual photography and videography

• Wildlife and forestry monitoring

Pursuant to exemption No. 12045 (Viglianti), the FAA recently approved similar use of the DJI Phantom 3 Professional Small UAS. Many other exemptions have been approved for the DJI Inspire 1 , including Ex emption No. 12583 . These Small UASs have been proven to be reliable and safe flying machines

, managed by gyroscopically

- stabilized flight, ground detection, GPS

aided navigation, a built

- in compass, blinking LED lights, and manual and automatic failsafe

m odes for returning to the controll er in order to protect both the Small UAS , other objects, and the environment. These model s combine state

- of

- the

- art, proven technology with high quality manufacturing and user

- friendly control s to ensure safe operation an d easy maintenance.

Specific section or sections of 14 CFR which I seek relief and the reason I seek relief are described below:

14 C.F.R. § 61.23(a) and (c): Medical Certificates: Requirement and duration

This regulation sets forth medical certificate re quirements for pilots

- in

- command of aircraft in that a holder must have a first

- class medical certificate when exercising the PIC privileges of an airline transport pilot certificate. Furthermore, the requirement states that the PIC must hold at least a se cond

- class medical certificate when exercising PIC privileges of a commercial pilot certificate, or must hold at least a third

- class medical certificate when exercising PIC privileges of a private pilot certificate, recreational pilot certificate, or fligh t instructor certificate. It also states that a person must hold and possess either a medical certificate issued under § 61.67 or aU.S. driver's license when exercising the privileges of a PIC of a sport pilot certificate in a light

sport aircraft other t han a glider or balloon. The FAA is granting relief from § 61.23(a) to allow any pilot that holds one of the pilot’s certificates (discussed above) to operate a Small UAS with a U.S. issued driver’s license, in lieu of an FAA

- issued medical certificate. Th e FAA is also granting relief from § 61.23(c) to allow sport pilot certificate holders to operate aircraft other than LSA with a U.S. issued driver’s license. The FAA has issued the following exemptions to this regulation: Exemption Nos.11278, 11275, 11269 , 11267, 11260, 11256, 11253, 11252, 11240 and 11230.

Given the size of the Small UASs, their structure, the limited flight area, and the safety features integrated in the autopilot (among others a flight termination system), David Levy, dba Levy Media Wo rks, believ es that an equivalent level of s afety can be reached if the operator has a valid driver's license.

14 C.F.R. § 61.101(e)(4) and (5): Recreational pilot privileges and limitations

This section limits recreational pilots to non

- commercial opera tions and that they may not act as pilot in command of a recreational aircraft for compensation or hire, or in the furtherance of a business. Unlike a conventional aircraft that carries the pilot and passengers, the Small UAS is remotely controlled with no living thing on board. The area of operation will be predetermined and in a protected flight area under the permission of the property representative, and all flights will be planned and coordinated in advance. The FAA has issued the following exemptions to this regulation: Exemption Nos.11278, 11275, 11269, 11267, 11260, 11256, 11253, 11252, 11240 and 11230.

14 C.F.R. § 61.113(a) & (b): Private pilot privileges and limitations: Pilot in command

This section limits private pilots to non

- commercial operat ions and that they may not act as pilot in command of an aircraft that is carrying passengers or property for compensation or hire. Unlike a conventional aircraft that carries the pilot and passengers, the Small UAS is remotely controlled with no living th ing on board. The area of operation will be predetermined and in a protected flight area under the permission of the property representative, and all flights will be planned and coordinated in advance. The FAA has issued the following exemptions to this

re gulation: Exemption Nos.11278, 11275, 11269, 11267, 11260, 11256, 11253, 11252, 11240 and 11230.

14 C.F.R. § 61.315(a) : What are the privileges and limits of my sport pilot certificate?

This section limits sport pilots to non

- commercial operations and that they may not act as pilot in command of an aircraft that is carrying passengers or property for compensation or hire, or in the furtherance of a business. They also may not carry more than one passenger, fly at night, and under other restrictions that are outside of the scope of intended flights of the Small UAS. Unlike a conventional aircraft that carries the pilot and passengers, the Small UAS is remotely controlled with no living thing on board. The area of operation will be predetermined and in a prote cted flight area under the permission of the property representative, and all flights will beplanned and coordinated in advance. The FAA has issued the following exemptions to this regulation: Exemption Nos.11278, 11275, 11269, 11267, 11260, 11256, 11253, 11252, 11240 and 11230.

14 C.F.R § 91.7: Civil aircraft airworthiness

The regulation requires that no person may operate a civil aircraft unless it is in airworthy condition. As there will be no airworthiness certificate issued for the aircraft, should t his exemption be granted, no FAA regulatory standard will exist for determining airworthiness. Given the size of the aircraft for maintenance and use of preflight actions as prescribed by the aircraft’s manufacturer prior to each flight, and given the FAA’ s prior approval of the same types of aircraft to be used in previous exemptions to this requirement (as set forth in Exemptions Nos. 11278, 11275, 11267, 11260, 11253 and 11230) we believe we can maintain a high standard of safety and due regard as to the aircraft’s airworthiness during flight operations. The FAA has issued the following exemptions to this regulation: Exemption Nos.11278, 11275, 11269, 11267, 11260, 11256, 11253, 11252, 11240 and 11230.

David Levy, dba Levy Media Works, will determine the airworthiness of the DJI Inspire 1 and the DJI Phantom 3 Professional in accordance with its official operating manual. Pre & post

flight inspections of the propellers, motors, frame, landing stands, camera and gimbal will be performed before and after ea ch flight, a nd recorded in the flight logs.

14 C.F.R. § 91.119(c): Minimum safe altitudes

Section 91.119 establishes safe altitudes for operation of civil aircraft. Section 91.119 (d) allows helicopters to be operated at less than the minimums prescribed, provided the person operating the helicopter complies with any route or altitudes prescribed for helicopters by the FAA. As this exemption is for Small UASs that are rotorcraft and the exemption requests authority to operate at altitudes up to 400 feet AG L, an exemption may be needed to allow such operations. As set forth herein, the Small UA S will never operate at higher than 400 feet AGL, will always be operated under VLOS of both the PIC and VO, its area of operation will be predetermined and in a prote cted flight area under the permission of the property representative, all flights will be planned and coordinated in advance

, and the Small UA S will remain clear of, and give way to all manned aviation operations and activities at all times. The equivalent level of safety will be achieved given the size, weight, speed of the Small UAS as well as the location where it is operated and under the conditions previously stated. Compared to flight operations with aircraft or rotorcraft weighting far more than the maximum 55pounds proposed herein and the lack of flammable fuel, any risk associated with these operations is far less than those presently presented with conventional aircraft operating at or below 500 feet AGL. In addition, the low

altitude operations of the Small UA S will ensure separation between these Small UAS operations and the operations of conventional aircraft that must comply with Section 91.119. The FAA has issued the following exemptions to this regulation: Exemptions Nos. 11278, 11275, 11269, 11267, 11260, 11256, 11253, 11252, 11240 and 11230.14 C.F.R. § 91.121: Altimeter settings

This regulation requires each person operating an aircraft to maintain cruising altitude by reference to an altimeter that is set “...to the elevation of the depar ture airport or an appropriate altimeter setting available before departure.” The DJI Inspire 1 and the DJI Phantom 3 Professional utilize electronic GPS with a barometric sensor with live data output to the mobile device attached to the transmitter, whic h provides an equivalent level of safety

. An equivalent level of safety will be achieved by the operator, pursuant to the manufacturer’s published procedures and live flight data monitoring, confirming the altitude of the launch site shown on the GPS alti tude indicator before flight. In the event that the GPS altit ude read out system becomes non

- functional during flight, the Small UAS s will also have a pre

- programmed maximum flight limit of 400 feet programmed into them so that they may not fly above
unap proved altitude limits. The FAA has issued the following exemptions to this regulation: Exemptions Nos. 11278, 11275, 11269, 11267, 11260, 11256, 11253, 11252, 11240 and 11230.

14 C.F.R. § 91.151(a)(1): Fuel Requirements for flight in VFR conditions

Sect ion 91.151 (a) prohibits an individual from beginning “a flight in an airplane under VFR conditions unless (considering wind and forecast weather conditions) there is enough fuel to fly to the first point of intended landing, and, assuming normal cruising speed

– (1) During the day, to fly after that for at least 30 minutes; or (2) At night, to fly after that for at least 45 minutes.”

The LiPo battery powering the DJI Inspire 1 Small UAS provides approximately 15

- 20 minutes of powered flight while the LiPo battery powering the DJI Phantom 3 Professional provides approximately 25 minutes of flight. The PIC will not begin a flight unless there is enough available power for the Small UAS to conduct the intended operation and to operate after that for at least five minutes or with the reserve power recommended by the manufacturer if greater. Applicant believes that an exemption from 14 CFR §91.151(a) falls within the scope of prior exemptions, and that flight with less than 25 minutes of reserve does not engende r the type of risks that Section 91.151(a) was intended to alleviate given the size and speed of the small UAS. Similar exemptions have been granted to other operations, including Exemptions Nos. 11278, 11275, 11269, 11267, 11260, 11256, 11253, 11252, 1124 0 and 11230.

14 CFR § 91.405 (a); 407 (a) (1); 409 (a) (1) & (2); 417(a) & (b): Maintenance Inspections.

These regulations require that an aircraft operator or owner “shall have that aircraft inspected as prescribed in subpart E of this part and shall be tween required inspections, except as provided in paragraph (c) of this section, have discrepancies repaired as prescribed in part 43 of this chapter...,” and others shall inspect or maintain the aircraft in compliance with Part 43. Given that these sectio ns and Part 43 apply only to aircraft with an airworthiness certificate, these sections will not apply to the applicant. An equivalent level of safety will be achieved because these Small UASs are very limited in size and will carry a small payload and ope rate only in restricted areas for limited periods of time. If mechanical issues arise, the Small UAS can land immediately and will be operating from no higher than 400 feet AGL and within VLOS of the PIC and VO. Prior to each flight, the PIC must conduct a pre

- flight inspection and determine thatthe Small UAS is in a condition for safe flight. The pre

- flight inspection must account for all potential discrepancies, e.g. inoperable components, items, or equipment. If the inspection reveals a condition that a ffects the safe operation of the Small UAS, the aircraft is prohibited from operating until the necessary maintenance has been performed and the Small UAS is found to be in a condition for safe flight. The operator must follow the Small UAS manufacturer’s maintenance, overhaul, replacement, inspection, and life limit requirements for the aircraft and aircraft components ( see Appendices B, C, D 1 and D2 ) . The FAA has issued the following exemptions to this regulation: Exemptions Nos. 11278, 11275, 11269, 1126 7, 11260, 11256, 11253, 11252, 11240 and 11230.

Public Interest

Aerial photography and videography provided commercially to the public using Small UASs allows for a more cost

- effective and environmentally

- friendly method of capturing imagery than its alte rnative s , i.e., manned aircraft and helicopters. The latter are expensive, create lots of noise, and are much more hazardous due to their size and use of combustible fuel. Given that there is no fuel and no crew on the Small UASs, that they weigh less tha n seven pounds, and have a low maximum speed (less than 50mph), safe operation of these UASs does not pose a significant danger to the environment, wildlife, or pe ople. Given its GPS and ground

- sensing capabilities, a “return” mode will safely return the c raft to the operator at the push of a button or automatically when the craft is low on power. To ensure that the Small UAS will not remain ai rborne in unsafe conditions, it s “return to home” function automatically returns the aircraft to where it took off from (where the home point was set ) , prior to takeoff.

Furthermore, the ideal height range for an aesthetically pleasing aerial image or video is between 15ft

- 100ft AGL, because it provides both detail as well as a unique, above

- ground perspective of buil dings, property, landmarks, human actors and activities. This height range was previously impossible to obtain using manned fixed

- wing aircraft or helicopters, and is very expensive to obtain using a crane or other traditional filmmaking equipment. The p rimary benefit to U.S.

- based businesses using Small UASs is their low

- cost, safety, and non

- polluting energy source, and the imaging is proving to be both highly utilitarian and aesthetically engaging.

Education

I am a 27

- year

- old college

- educated busin ess owner and read, speak, write, and understand the English language. I possess a va lid California driver’s license.

I attended the “ Drones, DATA X Conference ” in Santa Cruz, CA on May 1st, 2015 to learn more about the industry, and it was there that I w as first made aware of Section 333 by the FAA representative.

I attended and completed the DARTdrones 3

- part Certification C ourses on November 21st 2015, at the Hyatt Place, in Fremont, CA in Silicon Valley, CA from 9am

- 5:30pm (see Appendix E ) . The curric ulum for the three courses included the following :1) UAV Basic Training The DARTdrones UAV Basic Training certifies pilots on the Federal Aviation Administration rules, regulations, and safety:

• The Federal Aviation Administration

◦ Know Before You Fly

◦ Rules for Recreational, Commercial, and Government Users

◦ The 333 Exemption

◦ FAA Proposed Rules for sUAS

• Safety

◦ #FlySmart

◦ Planning Your Flight

◦ Emergency Procedures

◦ Checklists

◦ Flight Log

◦ Weather Considerations

◦ Identifying Hazardous Obstacles

◦ Insurance

• Location Ch ecklist

– Where and when can you fly legally?

◦ Abiding By FAA Flight Restrictions

◦ Identifying Restricted Areas

◦ Temporary Flight Restrictions

◦ Airspace Basics

◦ Privacy Considerations

• Equipment Considerations

◦ Top Drones on the Market

◦ Fixed Wing Versus Multi

- cop ter

◦ Battery Considerations

◦ Cameras and Gimbals

• Why Drones Get a Bad Reputation

◦ How to Avoid Pilot Disorientation

◦ Understanding Capability of Equipment

◦ How to Avoid Fly Aways

◦ How to Not Make It In the News

2) Phantom 3 & Inspire 1 Training: Part I The DART drones Phantom 3 & Inspire 1 Training: Part I course teaches new Phantom and Inspire pilots everything they need to know to be confident in launching, flying, and landing safely. The course includes two hours of a classroom coverage and hands

- on flying tim e with an Expert Flight Captain. The flying session is limited to eight students so that new pilots get quality flight time with the Flight Captain.

• Aircraft Components

• First Flight Basics

• Flight Modes and Vision Positioning

• Calibration Considerations

• Emer gency Procedures

– Fail Safe, Return to Home, and Fly Aways• The Language of Lights

• DJI User Settings

– Simulator and Flight Recorder

• Firmware Updates

• Handouts

– Location Checklist, Pre

- Flight Checklist, Equipment Checklist, Take Off Checklist, Practice Exe rcises, and Flight Log

3) Phantom 3 & Inspire 1 Training: Part II The DARTdrones P hantom 3 & Inspire 1 Training: Part II course teaches drone pilots about the hundreds of settings and features of the DJI Go App that will be used during flight. The

course includes two hours of a classroom coverage and hands

- on flying time with an Expert Flight Captain. The flying session is limited to eight students so that the pilots get quality flight time with the DARTdrones Flight Captain.

• DJI Go App Settings

• Failsafe Settings

• Return to Home Features

• Gain and Expo Tuning

• RC Control Settings

• Master Stick Mode

• Intelligent Navigation Features

• Course Lock

– Aircraft Fixes Forward Nose Orientation

• Home Lock

– Aircraft Follows Direct Path to Home Point

• Point of Interest

– Air craft Circles Designated Point

• Follow Me

– Aircraft follows the mobile device

• Way Points

– Aircraft Flies Along Programmed Flight Path

Flight Logs

David Levy, dba Levy Media Works has maintained a comprehensive and continuous Flight Log detailing every S mall UAS flight conducted from January 1st, 2014 to the p resent, with the following data (see Appendices F 1, F2 and F3 f or complete Flight Logs) :

• Date

• Small UAS Make & Model

• Pre

- Flight Check Conducted

• Flight Check Conducted

• Post Flight Check Conducted

• Loca tion, Maintained Line of Sight (LOS)

• Used FPV

• Exact Time of Day in military time

• Flight Duration (in minutes)

• Weather Conditions

• Wind Speed (mph)

• Remarks, Procedures, Maneuvers, or Notes about specifics of each individual flight.Registrations

David Levy , dba Levy Media Works filed an AC Form 8050

- 1 with the FAA in Oklahoma and paid the $5 registration fee to register the DJI Phantom3 Professional . I received a registration card dated 9/25/2015, active for a three year period, with Nationality Registrati on Marks ‘N5999S’ which has been placed in a visible location on the aircraft. Due to increased popularity of Small UASs as of December 2015, the FAA required all recreational owners to register their Small UASs. I registered the same aircraft with the F AA as a hobbyist because I was still in the process of creating this document for exemption for Section 333. I received a Small UAS Certificate of Registration # FA33RFTRMM, dated 12/30/2015, which has been placed in a visible location on the aircraft.

Dav id Levy, dba Levy Media Works filed an AC Form 8050

- 1 with the FAA in Oklahoma and paid the $5 registration fee to register the DJI Inspire 1 . I received a registration card dated 10/7/2015 , active for a three year period, with Nationality Registration Ma rks ‘N595ML’ which has been placed in a visible location on the aircraft. Due to increased popularity of Small UAS s as of December 2015, the FAA required all recreational owners to register their Small UASs. I registered the same aircraft with the FAA as a hobbyist because I was still in the process of creating this document for exemption for Section 333. I received a Small UAS Certificate of Regis tration # FA33RFTRMM, dated 12/30/2015, which has been placed in a visible location on the aircraft.

Small U AS Flight Experience

David Levy of Levy Media Works has been flying Small UAS s since January 1, 2014 and has reached the two year mark as of January 1, 2016.

My first Small UAS was a DJI Phantom 2 Vision , which I flew 44 times for a total of 712mins (11. 87hrs). Sold & Upgraded to a DJI Phantom 2 Vision+.

My second Small UAS was a DJI Phantom 2 Vision+ , which I flew 191 times for a total of 2834mins (47.23hrs). Sold & Upgraded to a DJI Inspire1.

My third Small UAS is a DJI Inspire 1 , which I’m currently us ing. I’ve flown it 72 times for a total of 871mins ( 14.52hrs ).

My fourth Small UAS is a DJI Phantom 3 Professional , which I’m currently using, I’ve flown 42 times for a total of 503mins ( 8.38hrs ).

My experience to date includes a total of 349 flights and 8 4 hours flight time. This is more than double the number of hours required for a sport (20hrs), recreational (30hrs), or private (40hrs) pilot’s license.

David Levy of Levy Media Works has knowledge of the appropriate airspace rules and procedures for saf ely piloting Small UASs; has in

- depth knowledge of the flight characteristics and operational limitations of the two Small UASs in the present application; and has completed the available training, certification, registration s , and flight time to move beyo nd the hobbyist orstudent level. Due to the significant differences involved in piloting a Small UAS versus a manned fixed

- wing aircraft, I believe the requirement that a Small UAS operator possess a pilot’s license is not only illogical but presents an undue hardship with regard to cost. In addition, t he Small UAS is significantly smaller, lighter , and more maneuverable than an Ultralight aircraft

, which do es not require that the operator have a pilot’s license.

Summary

David Levy, dba Levy Media Wor ks, is seeking exemption from the following rules:

14 C.F.R. § 61.23(a) and (c) 14 C.F.R. § 61.101(e)(4) and (5) 14 C.F.R. § 61.113(a) 14 C.F.R. § 61.315(a) 14 C.F.R. § 91.7(a) 14 C.F.R. § 91.119(c) 14 C.F.R. § 91.121 14 C.F.R. § 91.151(a)(1) 14 C.F.R. § 91.405(a) 14 C.F.R. § 91.407(a)(1) 14 C.F.R. § 91.409(a)(1) and (2) 14 C.F.R. § 91.417(a) and (b)

With the exemptions of the above rules David Levy, dba Levy Media Works, will be seeking to make my Small UAS photography/videography services available to public

, private, non

- profit, and business interests that had previously required the use of manned aircraft to achieve what I can now offer in a safer, more cost

- efficient and non

- polluting manner. This is achieved with the use of Small UASs which do no t using combustible fuel, fly at safe heights and strictly follow the safety and operational recommendations from the manufacturer DJI and the FAA. These include but are not limited to:

• Flying the DJI Phantom 3 Pro and DJI Inspire 1 safely and according t o its operator’s manual

• Always flying below 40 0 feet

• Thorough ly inspecting the Sma ll UAS before and after flights

• Keeping the Small UAS in visual sight at all times when in operation

• Using an observer to assist if needed

• Remain ing safely clear of and not i nterfering with manned aircraft operations

• Not intentionally fly ing dangerously over unprote cted persons or moving vehicles

• Contact ing an airport or control tower before flying within 5 miles of their vicinity

• Not flying in adverse weather conditions such as high winds, rain, or impaired visibility

• Not flying under th e influence of alcohol or drugs

• Ensuring th e operating environment is safe

• Not flying over sensitive infrastructure or property such as power stations, water treatment

facilities, correctional facilities, etc.

• Check ing and follow ing all local laws and ordinances before flying over private property

• N ot conduct ing surveillance or photograph ing persons in areas where there is an expectation of

privacy

, without the individual's permission.I am ho ping for your approval and look forward to hearing from you regarding this application.

Sincerely,

David R. Levy dba Levy Media Works 4468 Merlin Way Soquel, CA 95073 david@levymediaworks.com

ADDENDA Appendix A: Flight Checklists Appendix B: Inspire 1 Maintenance Manual Appendix C: Inspire 1 Safety Guidelines and Disclaimer (same for Phantom 3 Pro) Appendix D 1 : Intelligent Flight Battery Safety Guidelines : Inspire 1 Appendix D2: Intelligent Fligh t Battery Safety Guidelines : Phantom 3 Pro Appendix E : DARTdrones Certificate of Training Appendix F 1 : Levy M edia Works Flight Logs 2014 Appendix F2 : L evy Media Works Flight Logs 2015 Appendix F3: L evy Media Works Flight Logs 2016