U.S. DepartmentofTransportation Docket Management System 1200 New Jersey Avenue SE Washington, DC20590 February 17,2016

Re: Exemption Request under Section 333 ofthe FAA Reform Act and Part II ofthe FAA Regulations and certain parts oftheFARs. Dear Sir or Madam: Request: In order to provide safe and environmentally-friendly aerial videography and photography for public and business interests, I, David W. Lamb, pursuant to Section 333 ofthe FAA Modernization and Reform Act of2012 ("FRMA"), would like to formally submit for exemptions from the following Section 333 regulations:



### • 14 C.F.R. Part21 

### • 14C.F.R. 45.23(b) 

### • 14C.F.R. 61.113(a) and (b) 

### • 14 C.F.R.91.7(a) 

### • 14C.F.R. 91.9(b)(2) 

### • 14C.F.R. 91.119(c), • 14 C.F.R. 91.121 , 

### • 14 C.F.R. 91.15l(a)(l), 

### • 14C.F.R. 91.203(a) and (b), • 14C.F:R.91.405(a), 

### • 14 C.F.R. 91.407(a)(l), 

### • 14C.F.R.91.409(a)(l)and(2), • 14C.F.R. 91.417(a) and (b) I am requesting these exemptions so that I may safely operate the DJI Phantom 3 Professional UAS commercially along the guidelines ofthe accompanyingoperator's manual as well as FAA guidelines for UAS flight. Proposed UAS and Operations The DJI Phantom 3 Professional weighs 2.8 pounds, will always be flown under 400 feet limited via software by its GPS and barometric sensors, is electrically powered by a lithium ion battery, carries no combustible fuel or crew, and will be transported in proper storage to and from all flight areas (in accordance with FAA guide!ines).The aforementioned proposed exemptions would allowme to operatethe DJI Phantom 3 Professional UAS for commercial purposes ofaerial videography and photography as a service to public and business interests, including: real

-estate photography and videography, wedding and private individual photography and videography, public and commercial photography and videography, and agricultural photography and videography. All privileges will be exercised within the borders ofthe continental United States

. As evidenced by recent Exemption Nos. 12045 and 

### 12058, the FAA recently approved similar use ofthe DJI Phantom 3 Professional UAS

. These particular UAS have been proven reliable and safe flying machines managed by gyroscopically-stabilized flight, ground detection, GPS-aided navigation, a built-in compass, blinking LED lights, a manual and automatic failsafe "Return To Home" mode for returning to the point of takeoff , and propeller guards in orderto protect both the UAS and the environment. This particular model combines state

-of-the-art, proven technology with high quality manufacturing and user-friendly control to ensure safe operation and easy maintenance and care. Specific section(s) of 

### 14CFR which

### I seekreliefandthe reason(s) 

### I seekrelief: 

### 14 C.F.R. Part21:Airworthiness Certificates Given the size and limited operating area associated with the UAS to be utilized, an exemption from Part 21 meets the requirements ofan equivalent level ofsafety under Part 11 and Section 333 ofthe Reform Act. As evidenced in Exemption No. 12045, "in all cases, an analysis ofthese criteria demonstrates that the UAS operated without an airworthiness certificate, in the restricted environment and under the conditions proposed will be at least as safe, or safer,than conventional aircraft operating with an airworthiness certificate without restrictions andconditions proposed." 

### 14 C.F.R

. 45.23:Display ofmarks: general Because the 

## Dn Phantom 3 Professional does not have a cabin, cockpit, pilot station, fuselage, boom, ortail on which to mark large words, numbers, orphrases, I request exemption from the above regulation

.However, in efforts to comply with the above regulation I will affix my registration number ( FA3R9YYNMC) to the outside ofthe aircraft in letters/numbers large enough to inspect easily

. 

### 14 C.F.R. 61.113(a) & (b): 

### Privatepilotprivileges andlimitations: Pilot in command Under 

### § 61.113 (a) and (b), certified private pilots are limited to noncommercial operations

. However, I am able to achieve an equivalent level ofsafety throughcurrentFAA regulations ofUAS operation without such a certification because ofthe above mentioned safety features ofthe DJI Phantom 3. According to Exemption No. 12045 in which the DJI Phantom 3 Professional was authorized for similar operation, "The FAA has previously declared that additional manned airship experience ofa commercially certified pilot would not correlate to the airmanship skills necessary for similarly proposed operations in previously issued exemptions to this regulation through Exemption Nos. 11062 and 11138." Therefore, bearing any pilot certification or license will not ensure remote piloting skills ofa UAS; the risks ofoperating this UAS are far Jess than the risk levels inherent in commercial activities with traditional aircraft given the DJI Phantom's safety features and the limited range and speed ofthe UAS. The FAA has approved a similar exemption to the above rule as evidenced in Exemption No. 12058.



### 14 C.

### F R 91

. 7: Civilaircraftairworthiness Currently there is no certificate applicable to this UAS, and therefore it will be up to myself, David Lamb, to determine the airworthiness ofthe DJI Phantom 3 in accordance with its official operating manual. Written and signed pre and post-flight inspections of the propellers, motors, frame, landing stands, camera and gimbal unit, connected tablet devices, a compass calibration and properly ensured GPS locks as indicated by the DJI Phantom's display of "Safe to Fly" message will be performed before and after each flight, accurate records ofwhich will be kept with the UAS's storage and transportation system at all times. These records will be dated and will include the total flight time of each flight. 

### 14 C.F.R. 91.9 (b)(2): Civil aircraftjlight manual, marking, andplacard requirements
As evidenced in Exemption 12045, sincethere are "nopilots orpassengers on board this aircraft, and given its size, this regulation is inapplicable. An equivalent level ofsafety will be achieved by maintaining a safety/flight manual with the operator." In addition to the official safety/flight manual provided by DJI upon purchase ofthe Phantom 3, following the FAA regulations for UAS operations will ensure a high level ofsafety. 

### 14 C.F.R. 91.119(c): Minimum safe altitudes I, David Lamb will ensure that the UAS does not operate any higher than 400 feet at ground level by setting the maximum altitude at 400 feet in DJI's pilot application and ensuring this is set before each flight as part ofthe pre-flight inspection. I will not fly overcongested areas or directly above unprotected people ormoving vehicles. I will plan operations before hand for proper flight safety and proper height analysis as to avoid collisions. The GPS and barometric sensors equipped on the DJI Phantom 3 will ensure accurate altitude readings, the output ofwhich will be fed to my tablet device in real time as I operate the UAS.

### 14 C.F.R. 91.121: Altimeter settings The

### Dn Phantom 

### 3 utilizes the latest GPS technologies as well as a barometric sensor with live data outputtothe tablet device attached to the transmitter

. An equivalent level ofsafety and accurate altimetertelemetry will be achieved by using this. 

### 14 C.F.R. 91

.151 (a)(l): Fuel Requirements/or flight in VFRconditions The DJI Phantom 3 is electrically-powered by lithium ion batteries which are made by DJI specifically for this particular UAS. They are rated as providing no longer than 25 minutes offlight time. Therefore, due to the limitations ofthe batteries, it is currently impossible to comply with part 91.151. 

### 14 C.F.R

. 91.203(a) and (b): 

### Civilaircraft: Certifications required Currently, there are no procedures for providing airworthiness certificates for the mentioned UAS

. I, David Lamb, however will always fly safely while having the manuals ofthe DJI Phantom 

### 3 and abiding by FAA regulations for UAS operation. 

### 14 C.F.R. 91.405(a): Maintenance Required, 14 C.F.R. 91.407 (a)(l): Operation after maintenance,preventive maintenance, rebuilding, or alteration, 14 C.

### F.R. 91.409( a)(l) and (2): Inspections & 

### 14 C.F.R. 91.41 7 (a) and (b):

### Maintenance records Maintenance inspections may be required and should be granted since they apply to aircraft with an airworthiness certificate. However I, David Lamb, will perform both preflight and post-flight inspections ofthe UAS before and after each flight as outlined in the operating documents. I ,David Lamb, will also follow manufacturer recommendations from said operating documents and keep a written record ofany maintenance done to the UAS. 

### Public Interest and PublicSafety: Aerial photography and videography provided tothe public allows for amore Cost-effective, safe, and environmentally-friendly method to capturing imagery than its alternative: manned aircraft and helicopters. The latter are expensiveto operate and maintain, create a high level ofnoise, and are much more hazardous due to size and combustible fuel

- especially ifflown at low altitudes required for some operations. I, David Lamb, in addition to using my UAS for commercial endeavors, will also gladly offer my services free ofcharge upon request and with proper coordination to any official search and rescue or emergency services organization to benefitthe public. Because of this, an increase ofcommercial activity and a gaining ofmore detailed understanding of private and/or farm land would help local and area communities by: reducing pollution, risk, and operating costs by alternative aerialvideo andphotography services such as manned airplanes and helicopters, reducing carbon

**~missions** and traffic congestion by vehicles looking to view properties such as real

-estate orfarm land, and increase visibility to local attractions thereby bolstering local commerce and tourism.Given that there is no fuel and no crew on this UAS, that it weighs under three pounds and has propeller guards, as well as having a low maximum speed (less than 25mph), safe operation ofthis craft does not pose any immediate danger to the environment, wildlife, infrastructure or people. DJI has built in a "No Fly Zone" for major cities and points of interest that have registered as a "do not fly zone." Operation ofthe Phantom 3 cannot happen in these locations, as any flight capabilities becomes blocked by the UAS itselfif within range and the operator is notified. Given its GPS and ground-sensing capabilities, a failsafe "Return To Home" mode will safely return the craft to the operator at the push ofa single button or automatically when the craft is either low on power or operating outside ofits transmitter's range. This ensures that the craft will not remain airborne in unsafe conditions and pose any public danger.
Summary I, David W. Lamb, am seeking exemption from the following rules: 14 C.F.R. Part 21, 14 C.F.R. 45.23(b), 14 C.F.R. 61.113(a), 14 C.F.R. 91.7(a), 14 C.F.R. 91.9(b)(2), 14 C.F.R. 91.1 19(c), 14 C.F.R. 91.121, 14 C.F.R. 91.15l(a)(l), 14 C.'F.R. 91.203(a) and (b), 14 C.F.R. 91.405(a), 14 C

.F.R. 91.407(a)(l), 14 C.F.R. 91.409(a)(l) and (2), 14 C.F.R. 91.417(a) and (b). With the exemptions ofthe mentioned rules I, David Lamb, will be seeking to make my UAS photography/videography services available to public and commercial interests. The FAA has authorized similar operations under Exemption Nos. 12045 and 12053. Alternatively, public and commercial interests had previously sought the use ofmanned aircraft to achieve what I can offer in a safer, more costefficient and environmentally-friendly manner by not using combustible fuel, flying at safeheights and strictly following the usage recommendations from DJI. These include but are not limited to:

• Flying the DJI Phantom 3 safely in accordance with its operator'smanual • Always flying below 400 feet, using the DJI Phantom's altitude limiter to ensurethis. • Completing thorough inspection ofUAS before and after flights and keeping inspection records with the craft at alltimes • Keeping the UAS in visual sight at all times when in operation • Using an observerto assist ifneeded • Remaining safely clearofand do not interfere with manned aircraft operations • Not flying directly over unprotected persons ormoving vehicles • Not flying within 5 miles ofan airport orcontrol tower • Not flying in adverse weather conditions such ashigh winds, rain, or impaired visibility •Notflyingundertheinfluenceofalcohol ordrugs• Ensuring the operating environment issafe • Not flying over sensitive infrastructure orproperty such aspower stations, water treatment facilities, correctional facilities,etc. • Checking and following all local laws and ordinances before flying over private property • Not conducting surveillance orphotographing persons in areas where there is an expectation ofprivacy withoutthe individual's permission.

I thank you for your time and effort in processing this request and look forward to cooperating with the FAA in its continued commitment for the safe operation ofUAS. Sincerely, David Lamb 900 Oak St. Junction city Oregon 97448 daveandkimlamb@comcast.net 541-513
-4474