By letter dated June 8, 2015, Mr. Thomas Gunnels, Owner of Hivemind LLC, 726 Lockwood NE Apt. 2, Grand Rapids, Michigan, petitioned the Federal Aviation Administration (FAA) for an exemption from part 21, subpart H; and Sections 45.23(b), 61.113(a) and (b), 91.7(a), 91.9(b)(2), 91.103(b), 91.109, 91.119, 91.121, 91.151(a), 91.203(a) and (b), 91.405(a), 91.407(a)(1), 91.409(a)(2), and 91.417(a) and (b) of Title 14, Code of Federal Regulations (14 CFR).

The proposed exemption would allow Thomas Gunnels to operate the DJI Phantom 3 Professional quad-copter unmanned aircraft system (UAS) to conduct aerial videography and cinematography to enhance his current video production company, which works to provide the highest quality services for local businesses such as real estate agents, construction companies, environmental conservation groups seeking aerial documentation of natural resources and natural landscapes, and local event organizers seeking aerial documentation of planned events, including augmenting wedding videography services with aerial photography and

video.

The petitioner supports his request with the following information: The petitioner has provided the following information – contained in his petition and supporting documentation including: 1) Supplemental Response for Petition, 2) Phantom 3 Professional Quick Start Guide v1.0, 3) Phantom 3 Professional Manual v.1.2, 4) Phantom 3 Intelligent Flight Battery Safety Guidelines v1.0 and 5) Phantom 3 Safety Guidelines

and Disclaimer

.

The FAA has organized the petitioner’s information into four sections: 1) the unmanned aircraft system (UAS), 2) the UAS Pilot In Command (PIC), 3) the UAS operating parameters and 4) Public Interest.

Unmanned Aircraft System

The petitioner states he plans to operate a UAS, the DJI Phantom 3 Professional, which is comprised of an unmanned aircraft (UA or PHANTOM) and a transportable ground station.

The Phantom is referred to as a quad-copter with a maximum gross weight of 3 pounds, with battery and propellors attached. It is equipped with four rotors that are driven by electric motors powered by batteries. The UA hasa maximum airspeed of 30 knots. The Phantom 3 Professional represents the next generation of DJI quadcopters. It comes equipped with a failsafe Return-To-Home Function that is automatically activated should the remote controller signal be lost for more than three seconds. The Return- to-Home process may be interrupted and the operator may regain control of the aircraft if the remote controller signal connection is re-established. It not only Returns-To-Home if remote controller signal is lost, but in the case of a low battery. Beyond using GPS for location accuracy, the DJI Phantom 3 also employs the DJI Vision Positioning System, which uses ultrasound and image data to help the aircraft maintain its current position. With the help of Vision Positioning, the Phantom 3 Professional can hover in place more precisely and fly indoors or in other environments where a GPS signal is not available. The Phantom 3 is also equipped with front and rear LED lights, ensuring that it is always visible while in the air.

Petitioner makes the following representations of operational enhancements which he proposes to abide by to ensure this exemption will provide a level of safety at least equal to existing rules: • He will only operate in reasonably safe environments that are strictly controlled, are away from power lines, elevated lights, airports and actively populated areas; and

• He will conduct extensive preflight inspections and protocols, during which safety carries primary importance.

The petitioner states that given the size, weight, speed, and limited operating area associated with the aircraft to be utilized by him, an exemption from 14 CFR part 21, Subpart H (Airworthiness Certificates) and § 91.203 (a) and (b) (Certifications required), subject to certain conditions and limitations, is warranted and meets the requirements for an equivalent level of safety under 14 CFR part 11 and Section 333 of P.L. 112-95 (Section 333).

Petitioner requests an exemption from § 45.23 Marking of the aircraft because his UA will not have a cabin, cockpit or pilot station on which to mark certain words or phrases. Further, he states that two-inch lettering is difficult to place on such a small aircraft with dimensions smaller than the minimal lettering requirement. Regardless of this, petitioner states that he will mark his UAS in the largest possible lettering by placing the word “Experimental” on its fuselage as required by § 45.29(f) so that he or anyone assisting him as a spotter will see the markings.The petitioner states that an exemption from §§ 91.405(a), 91.407(a)(1), 91.409(a)(2) and 91.417(a) and (b) Maintenance inspections may be required and should be granted since they only apply to aircraft with an airworthiness certificate. However, the petitioner states as a safety precaution he will perform a preflight inspection of his UAS before each flight as outlined in his operating documents.

UAS Pilot in Command (PIC)

The petitioner asserts that under § 61.113 (a) and (b) private pilots are limited to non commercial operations, however he can achieve an equivalent level of safety as achieved by current regulations because his UAS does not carry any pilots or passengers. Further, he states that, while helpful, a pilot license will not ensure remote control piloting skills. He further indicates that the risks of operating a UAS are far less than the risk levels inherent in the commercial activities outlined in 14 CFR part 61, et seq., thus he requests an exemption from § 61.113 Private Pilot Privileges and Limitations: Pilot in command.

Regarding UAS operational training, the petitioner states he has flown numerous practice flights in remote areas as a hobbyist simulating flights for future commercial use to gain familiarization with the characteristics of his UAS’ performance under different temperature and weather conditions. He further states that he practices computerized simulated flights to maintain adequate skills and response reflex time.

In addition, the petitioner has an active membership with the AMA (Academy of Model Aeronautics) which provides the following liability

coverage:

• Liability Coverage for the Operation of Model Aircraft, Boats, Cars,

and Rockets • $2,500,000 Comprehensive General Liability Protection for model activities for members, clubs, site owners, and sponsors • $25,000 Accident/Medical Coverage for members • $10,000 Maximum Accidental Death Coverage for members • $1,000 Fire, Theft, and Vandalism Coverage for members • Primary Site Owner Insurance• Information how to obtain Non Profit status to retain income as a Tax Exempt organization under IRS Section 501(c)(3) • Accumulated assets ($11 million)

In conclusion, the ability to use a lightweight UAS to capture photos and video as necessary for clients acts as a much safer alternative to other methods, such as helicopters with combustible gas propulsion systems.