SUMMARY

JOSEPH GRINDSTAFF/PHOTODRONE seeks exemption from the requirements of 14 C

. F.R §§ 61

. 1 13 (a) & (b) , 91

. 7(a) , 91

. 121 , 91

. 151 (b) , 91

. 405(a) , 91

. 407(a)(1) , 91

. 409(a)(l) & (a)(2), and 91

. 417(a) & (b) , to operate an Unmanned Aircraft System pursuant to Section 333 of the FAA Modernization and Reform Act of2012 (FMRA). This exemption will permit JOSEPH GRINDSTAFF/PHOTODRONE to operate an Unmanned Aircraft System (UAS) fo r the commercial purpose of cond ucting aerial video and photography for marketing , film sets , real estate photography , commercials , special events, wedding cinematography , and landscape over certain areas of the United States

.

INTRODUCTION AND INTERESTS OF THE PETITIONER My name is JOSEPH GRINDSTAFF/PHOTODRONE and I am the Manager and owner of PC Boys and a startup company called Photodrone

. I also hold a Commercial Flight Attendant certificate . I am also a retired USAF Avionics Aviation Systems Specialist. JOSEPH GRINDSTAFF/PHOTODR ONE is also a drone builder and operator (pilot ) with expertise and knowledge in aspects of building , programing and operating multiple ty pes of UAS'S along with camera set up and operation

. JOSEPH GRINDSTAFF/PHOTODRONE is also an experienced photographe r who now wishes to provides clients with the highest quality digital content for use in their commercia l , personal , and non

- profit multimedia projects. JOSEPH GRINDSTAFF/PHOTODRONE has approximately 25 years of Radio Controlled aircraft experience inc luding helicopters. The objective of JOSEPH GRINDSTAFF/PHOTODRONE aerial video and photography operations is to provide high quality imaging for a variety of commercial , public , and residential uses , along with testing of repaired drones for clients in a safe testing location away from all obstacles and people at all times. JOSEPH GRINDSTAFF/PHOTODRONE will also provide knowledge of sUAS to others and promote safe sUAS operations and conduct all filming operations under 200 feet

. Currently JOSEPH GRINDSTAFF/PHOTODRONE operates for noncommercial purposes a DJI Phantom 3 with FAA certification # FA3FATCW. JOSEPH GRINDSTAFF/ PHOTODRONE does not hold a pilot’s license or certificates, however in compliance with FAA regulations, will hire FAA certified pilots during operation of SUAS for commercial purposes Former exemptions granted by The FAA for sUAS are as follows: DJI

– Phantom 3: FAA 333 Exemption: 11783, 11788, 11711, 11696 DJI

– Inspire 1: FAA 333 Exemption: 11710, 11711, 11712, 11714BACKGROUND

Unmanned Aircraft Systems : DJI Phantom 3 Plus, DJI Inspire 1 JOSEPH GRINDSTAFF/PHOTODRONE seeks an exemption to operate DJI systems for compensation or hire within the NAS

. The DJI Phantom 3 and DJI Inspire I are vertical takeoff and landing (VTOL) Unmanned Aircraft (UA) with a Ground Control Station (GCS) utiliz ing electronic tablet or smart phone systems. The DJI Phantom 3 has a maximum gross weight of approximately 3 pounds , while having a length of 17 inches width of 17 inches , height of 8 inches, and a maximum speed of approximately 16m/s

. The DJI Inspire 1 has a maximum gross weight of 6 pounds 7.5 ounces , a length of 17.3 inches , width of 17.7 inches , height of 11.8 inches , and a maximum speed of approximately 42 knots. The DJI Phantom 2 and DJI Inspire I UA ' s are equipped with four main rotors ; driven by electric motors powered by a Lithium Polymer battery

. The DJI Phantom 3 and DJI Inspire 1 sUAS ' s that will be operated by JOSEPH GRINDSTAFF/PHOTODRONE will be registered in accordance with 49 US.C 44103 , Registration of Aircraft , as well as 14 CF

. R Part 47, Aircraft Registration, and marked in accordance with 14 CF.R Part 45 , Identification and Registration Markings

.

BASIS FOR PETITION Petitioner, JOSEPH GRINDSTAFF/PHOTODRONE , pursuant to the provisions of the Federal Aviation Regulations (14CF.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 and the DJI Inspire 1 sUAS in the Na tional Airspace System (NAS) , and for an exemption from the requirements of 14 CF.R §§ 61

. 113(a) & (b) , 91

. 7(a), 91

. 119, 91

. 121 , 91

. l51(b) , 91

. 405(a) , 91

. 407(a)(I), 91

. 409(a)(I) & (a)(2), and 91

. 417(a) & (b). In consideration of the speed , weight, size, and limited operating area associated with the unmanned aircraft and its operation , JOSEPH GRINDSTAFF/PHOTODRONE operation of DJI Phantom 3 and DJI Inspire 1 sUAS's meets the conditions of FMRA Section 333 and therefore, will not require an airworthiness certificate in accordance with 14 CF.R Part 21 , Subpart H

. Accordingly, JOSEPH GRINDSTAFF/PHOTODRONE requests relief from Sections 91

. 405(a) , 91

. 407(a)(I) , 91

. 409(a)(I) & (a)(2), and 91

. 417 (a) & (b), as these sections set forth requi rements for maintenance that only apply to aircraft with an airworthiness certificate. JOSEPH GRINDSTAFF/PHOTODRONE submits that the requested relief is proper since an equivalent level of safety will be ensured

. JOSEPH GRINDSTAFF/PHOTODRONE will use experienced personnel or technicians to perform maintenance, alterations, or preventive maintenance on the sUAS using the methods , techniques , and practices prescribed in the operating documents (i.e., Monthly Maintenance Log , and DJI Phantom 3 and DJI I nspire 1 Instruction Manual). Furthermore , JOSEPH GRINDSTAFF/PHOTODRONE will document and maintain all maintenance records for the DJI Phantom 3 and DJI Inspire 1 sUAS.

Relief from certain requirements of Section 61

. 113( a) and (b) , entitled Private pi lot privileges and limitations : Pilot in command , is requested by JOSEPH GRINDSTAFF/PHOTODRONE to the extent necessary to allow a Pilot in Command (PIC) holding a private pilot or higher levelcertificate , as well as an airman medical certificate , and who has demonstrated , by meeting

minimum flight

- hour and currency requirements. JOSEPH GRINDSTAFF/PHOTODRONE certifies that as the PIC, is able to safely operate the DJI Phantom 3 and DJI Inspire 1 sUAS in a manner consistent with this exemption , including evasive and emergency maneuvers and maintaining appropriate distances from people , vessels , vehicles and structures.
JOSEPH GRINDSTAFF/PHOTODRONE seeks relief from Section 91

. 7(a) , entitled Civil aircraft airworthiness , because the DJI Phant om 3 and DJI Inspire 1 sUAS do not require an airworthiness certificate in accordance with 14 C

. F.R

. Part 21 , Subpart H

. As such , JOSEPH GRINDSTAFF/PHOTODRONE submits that he will ensure that the DJI Phantom 3 and DJI Inspire I sUAS are in an airworth y condition , prior to every flight , by determining that the sUAS are in compliance with the operating documents (i

. e ., Monthly Maintenance Log , and DJI Phantom 1 and DJI Inspire 1 Instruction Manual) , and that the aircraft are in a condition for safe flight

. JOSEPH GRINDSTAFF/PHOTODRONE also seeks an exemption from the requirements of Section 91

. 121 , entitled Altimeter Settings , as the DJI Phantom 3 and DJI Inspire 1 UAs will not have a t y pical barometric altimeter onboard. However , altitude inform ation of the DJI Phantom 3 and DJI Inspire 1 UAs will be provided to the PIC via Global Positioning S y stem ( GPS) equipment and radio communications telemetr y data link , which downlinks from the UA to the GCS for active monitoring of the flight path. Thi s altitude information , combined with JOSEPH GRINDSTAFF/PHOTODRONE operation of the DJI Phantom 3 and DJI Inspire 1 sUAS w i thin visual line of sight , at or below 500 feet AGL , will ensure a level of safet y equivalent to Section 91

. 121

. Additionall y, JOSEPH GRINDSTAFF/PHOTODRONE seeks an e x emption from the requirements of Section 91

. 151(b ), entitled Fuel requirements for flight in VFR conditions

. JOSEPH GRINDSTAFF/PHOTODRONE submits that safety will not be affected by operation of the DJI Phantom 3 and DJI Inspire 1 sUAS ' s during da y light hours in v isual meteorological conditions (YMC) under visual flight rules (VFR) , with enough batter y power to fl y for a total duration of approximatel y 15.5 minutes to the first point of intended landing and , a ssuming normal cruising speed , t o f l y after th a t for at least 4

. 5 minutes. In accordance with 14 C

. F.R

. § 1 1

. 81, JOSEPH GRINDSTAFF/PHOTODRONE provi d es the fol l owing i n format i on in support of its peti t ion for e x emption: A
. N ame And Address Of T he Petitioner.

The name and address of the Petitioner and point o f contact is: JOSEPH GRINDSTAFF/PHOTODRONE 5432 Prince Edward Ave. El Paso, TX. 79924 915

- 491

- 5809 Jgrind520@aol.com

B . The Specific Sections Of 14 C
. F.R . from Which JOSEPH GRINDSTAFF/PHOTODRONE Seeks Exemption.
1. JOSEPH GRINDSTAFF/PHOTODRONE Seeks Exemption From The Requirements Of Section 61
. 1I3(a) and (b).Section 61

. 113, entitled Private pilot privileges and limitations: Pilot in command , Subsections ( a) and (b) prescribe the following , in relevant part :
a. No person who holds a private pilot certificate may act as a pilot in command (PIC ) of an aircraft that is carrying passengers or property for compensation or hire; nor may that person , for compensation or hire , act as PIC of an aircraft

. b. A private pilot may , for compensation or hire , act as PIC of an aircraft in connection with any business or emplo y ment if

1

. The flight is only incidental to that business or employment; and II

. The aircra f

t does not carr y passengers or propert y for compensation or hire

. 2. JOSEPH GRINDSTAFF/PHOTODRONE Seeks Exemption From The Requirements Of Section 91.7(a). Section 91

. 7 , entitled civil aircraft airworthiness , subsection (a) , states the following: (a) No person ma y operate a civil aircraft unless it is in an airworthy condition. 3. JOSEPH GRINDSTAFF/PHOTODRONE Seeks Exemption From The Requirements Of Section 91
. 121
.
a. Section 91

. 1 21 , entitled Altimeter settings , subsection (a) , states the following , in part: (a) Each person operating an aircraft shall maintain the cruising altitude or flight level of that aircraft , as the case may be, by reference to an altimeter that is set , when operating

- Below 18 , 000 feet MSL , to

- (i) The current reported altimeter setting of a station along the route and within 100 nautical miles of the aircraft ; (ii) If there is no station within the area prescribed in paragraph (a)(l)(i) of this section , the current reported altimeter setting of an app ropriate available station ; (iii)In the case of an aircraft not equipped with a radio , the elevation of the departure airport or an appropriate altimeter setting available before departure

. 4. JOSEPH GRINDSTAFF/PHOTODRONE Seeks Exemption From The Requirements Of Section 91.151(b). Section 91.151 , entitled F uel requirements for flight in VFR conditions , subsection (b) , states the following : (b) No person may begin a flight in a rotorcraft under VFR conditions unless (considering wind and forecast weather conditions) there is enough fuel to fly to the first point of i ntended landing and , assuming normal cruising speed , to fl y after that for at least 20 minutes

. 5. JOSEPH GRINDSTAFF/PHOTODRONE Seeks Exemption From The Requirement Of Section 91
. 405(a). Section 91

. 405 , entitled Maintenance required , subsection (a) states the following: Each owner or operator of an aircraft:

a. Shall have that aircraft inspected as prescribed in subpart E of this part and shall between required inspections , except as provided in paragraph ( c) of this section , have discrepancies repaired as prescribed in part 43 of this chapter6. JOSEPH GRINDSTAFF/PHOTODRONE Seeks Exemption From The Requirements Of Section 91
. 407(a) Section 91

. 407 , entitled Operation after maintenance , preventive maintenance , rebuilding , or alteration ;
a. Subsection (a)(1), states the following : No person may operate any aircraft that has undergone maintenance , preventive maintenance , rebuilding , or alteration unless

-- (1) It has been approved for return to service by a person authorized under §43.7 of this chapter 7. JOSEPH GRINDSTAFF/PHOTODRONE Seeks Exemption From The Requirements Of Sections 91
. 409(a)(1) And 91
. 409(a)(2).

a. Section 91.409 , entitled Inspections , subsection (a) , states the following : L Except as provided in paragraph (c) of this section , no person may operate an

aircraft unless , within the preceding 12 calendar months , it has had

- (1) An annual inspection in accordance with pa r t 43 of this chapter and has been approved for return to service b y a person authorized b y § 43.7 of this chapter ; or (2) An inspection for the issuance of an airworthiness certificate in accordance with part 21 of this chapter

. 8. JOSEPH GRINDSTAFF/PHOTODRONE Seeks Exemption From The Requirements Of Sections 91
. 417(a) And 91
. 417(b).

a. S ection 91

. 417 , entitled Maintenance records , subsections (a) and (b) , state the following : L E x cept for work performed in accordance with §§ 91

. 411 and 91

. 413 , each

registered owner or operator shall keep the following records for the periods speci f ied in paragraph (b) of this section : (1) Records of the maintenance , preventive maintenance, and alteration and records of the 100 hour , annual , progressive , and other required or approved inspections , as appropriate , for each aircraft (including the airframe) and e ach engine , propeller , rotor , and appliance of an aircraft

. The records must include ( a) A description (or reference to data acceptable to the Administrator) of the work performed; and ( b) The date of completion of the work performed; and ( c) The signature , and certificate number of the person approving the aircraft for return to service

. Records containing the following information : (i) The total time in service of the airframe , each engine , each propeller , and each rotor

.(ii) The current status of life

- limited parts of each airframe , engine , propeller , rotor , and appliance

. (iii)The time since last overhaul of all items installed on the aircraft which are required to be overhauled on a specified time basis. (iv)The current inspection status of the aircraft , including the time since the last inspection required by the inspection program under which the aircraft and its appliances are maintained

. ( v) The current status of applicable a i rworthiness directives (AD) and safety directives in c luding , for each , th e method of compliance , the AD or safety directive number and revision date. If the AD or safet y directive involves recurring action , the time and date when the ne x t action is required

. (vi)Copies of the forms prescribed by § 43

. 9(d) of this chapter for each major alteration to the airframe and currentl y installed engines , rotors , propellers , and appliances.

b

. The owner or operator shall retain the following records for the periods prescribed : (1) The records specified in par agraph (a)(l) of this section shall be retained until the work is repeated or superseded b y other work or for I year after the work is performed

. (2) The records specified in paragraph (a)(2) of this section shall be retained

and transferred with the a ircraft at the time the aircraft is sold. (3) A list of defects furnished to a registered owner or operator under § 43.11 of

this chapter shall be retained until the defects are repaired and the aircraft is approved for return to service. C

. The Extent Of Relief JOSEPH GRINDSTAFF/PHOTODRONE Seeks And The Reason JOSEPH GRINDSTAFF/PHOTODRONE Seeks The Relief.
1. Relief From Section 61
. 1l3(a) And (b):

a. Relief from Section 61

. 113( a) and (b) entitled Pri v ate pilot privileges and limitations: Pilot in command

, is requested to the extent necessary to allow a PIC holding a private pilot or higher level certificate , as well as a current and valid airman medical certificate , and who has met certain flight

- hour and currency requirements , to conduc t the proposed UAS flight operations for compensation or hire

. This relief is requested since the limitations set forth in Section 61.113(a) and (b) state that a private pilot may , for compensation or hire, act as PIC of an aircraft in connection with a ny business or employment if : (1) The flight is only incidental to that business or employment ; and (2) The aircraft does not carry passengers or property for compensation or hire. As set forth more fully below , JOSEPH GRINDSTAFF/PHOTODRONE submits tha t an equivalent level of safety will be maintained becauseno PIC will be allowed to operate the DJI Phantom 3 UAS or DJI Inspire 1 UAS unless that PIC has met certain flight

- hour and currency requirements , demonstrating that the PIC is able to safel y operate either the DJI Phantom 3 or DJI Inspire 1 UAS in a manner con s istent with the operations specifications as described in this exemption , including evasive and emergency maneuvers , as well as maintaining appropriate distances from people , vessels , vehicles and structures

. Further , JOSEPH GRINDSTAFF/PHOTODRONE submits that all flights of the DJI Phantom 3 and DJI Inspire 1 sUAS , conducted by the PIC pursuant to the grant of this Petition : (1) will be incidental to JOSEPH GRINDSTAFF/PHOTODRONE 's b usiness ; and (2) will not carry passengers or propert y for compensation or hire

. b. Relief from Section 91. 7( a) entitled Civil aircraft airworthiness , is requested to the e x tent required to allow JOSEPH GRINDSTAFF/PHOTODRONE to determine that the Dll Phantom 3 and DJI Inspire 1 sUAS are in airworthy condition prior to ever y flight b y ensuring that the UAS is in compliance with the operating documents (i.e

. , JOSEPH GRINDSTAFF/PHOTODRONE Aerial Operations Manual , Monthl y Maintenance Log , and Dfl Pha ntom 3 and OJI Inspire 1 Instruction Manual)

. JOSEPH GRINDSTAFF/PHOTODRONE seeks the requested relief because the DJI Phantom 3 and DJI Inspire 1 sUAS do not require an airworthiness certificate in accordance with 14 C

. F

. R Part 21 , Subpart H

. Therefore , JOSEPH GRINDSTAFF/PHOTODRONE will ensure that the DJI Phantom 3 and DJI Inspire 1 sUAS are in airworth y condition based upon its compliance with the operating documents (i

. e. , Monthl y Maintenance Log , and DJI Phantom 3 and OJI Inspire 1 User Manuals ; prior to every flight , and further , determine that the aircraft are in condition for safe flight , as stated in the conditions and limitations below

. Relief from Section 91

. 121 , entitled A ltimeter settings , may be required to allow flight operat ions of the DJ I Phantom 3 and DJI Inspire 1 sUAS , which utilize a barometric pressure sensor , GPS equipment , and a radio communications telemetr y data link to downlink altitude information from the UA to the PIC at the ground control station (GCS). Since the FAA requires that an y altitude information concerning UAS operations be reported to air traffic control (ATC) in feet above ground level (AGL) , JOSEPH GRINDSTAFF/PHOTODRONE seeks the requested relief because the DJI Phantom 3 and DJI Inspire 1 UA ' s altimeter may be set on the ground to zero feet AGL , rather than the local barometric pressure or field altitude , before each flight

. Considering the limited altitude of the proposed oper a tions , relief from 14 CFR 91

. 121 is sought to the extent necessary to comply with the applicable conditions and limitations stated below

. As more full y set forth herein , an equivalent level o f safety will be maintained since the Dll Phantom 2 and DJI I nspire 1 UAs are equipped with a barometric pressure sensor and GPS equipment , which automatically ensures that a ground level pressure setting will be established prior to each flight, and provides the PIC with altitude information of the UA on the hea ds

- up display of the GCS

. c. Relief from Section 91.151 (b) entitled Fuel requirements for flight in VFR conditions , is requested to the extent required to allow flights of the battery powered OJI Phantom 3 and OJI Inspire 1 sUAS during daylight hours in visual meteorological conditions (VMC) , under visual flight rules (VFR) , for a total du r ation of appro x imately 15.5 minutes to the first point of intended landing and , assuming normal cruising speed , to fly after that for at le ast 4.5 minutes

. JOSEPH GRINDSTAFF/PHOTODRONE seeks the requested relief because without an exemption from Section 91.151 (b) , the flight time duration of the battery powered OJI Phantom 3 andOJI Inspire 1 UAs will severely constrain the practicality of an y aerial video or still photo flight operations that JOSEPH GRINDSTAFF/PHOTODRONE proposes to conduct pursuant to this Pet i tion. Significantl y, as set forth below , the technical specifications ofthe OJI Phantom 3 and DJI Inspire 1 sUAS , the DJI Phant om 3 and OJI Inspire 1 operating documents , and the operating limitations proposed by JOSEPH GRINDSTAFF/PHOTODRONE , ensure that JOSEPH GRINDSTAFF/PHOTODRONE will safe l y operate the battery powered DJI Phantom 3 and DJI Inspire 1 sUAS during daylight ho urs in visual meteorological conditions (VMe) , under visual f light rules (VFR) , with enough battery power to fly for a total duration of 13.5. minutes to the first point of intended landing and , assuming normal cruising speed , to fl y after that for at least 4

. 5 minutes

. d. Sections 91

. 405(a) , 91

. 407(a)(1) , 91

. 409(a)(1) & (a)(2) , and 91

. 417(a) & (b) only apply to aircraft with an airworthiness certificate , JOSEPH GRINDSTAFF/PHOTODRONE requests relief f rom these Sections because the DJI Phantom 3 and DJI Inspire 1 sUAS do not require airworthiness certificates

. As set forth more full y below , the DJI Phantom 3 and DJI Inspire 1 sUAS meet the conditions of F MRA Section 333 for operation without an airwo rthiness certificate

. Accordingly , JOSEPH GRINDSTAFF/PHOTODRONE will use trained technicians to perform maintenance , alterations , or preventive maintenance on the sUAS using the methods , techniques, and practices prescribed in the UAS operating document s (i

. e. , JOSEPH GRINDSTAFF/PHOTODRONE Aerial Operations Manual , Monthly Maintenance Log , and DJI Phantom 3 and DJI Inspire 1 Instruction Manual)

. Furthermore , JOSEPH GRINDSTAFF/PHOTODRONE will document and maintain all maintenance records for the DJI Phantom 3 and D J I Inspire 1 sUAS. D. The Reasons Why Granting JOSEPH GRINDSTAFF/PHOTODRONE Request Would Be In The Public Interest: That Is, How It Would Benefit The Public As A Whole.
Grantin g the presen t Petition will further the public interest by allowing JOSEPH GRINDSTAFF/PHOTODRONE to safely , efficiently , and economicall y perform aerial video and photography of construction sites , real estate, and landscape over certain areas of the Un ited States

. Additionall y , use of the DJI Phantom 3 and DJI Inspire 1 sUAS will decrease congestion of the NAS , reduce pollution , crashes and accidents caused by pi l ot error and provide significant benefits to the econom y
. Notably , the benefits of JOSEP H GRINDSTAFF’ s/PHOTODRONE’S proposed operation of the DJI Phantom 3 and DJI Inspire 1 sUAS will be realized without conflicting with or violation of an y privac y issues

. 1. The Public Will Benefit From Decreased Congestion Of The NAS. The DJI Phantom 3 and DJI Inspire 1 UAs are battery powered and serve as a safe , efficient , and economical alternative to the manned aircraft traditionall y utilized to obtain aerial imagery

. By reducing the amount of manned aircraft needed to perform aerial acquisitions , an exemption allowing the use of a DJI Phantom 3 or DJI Inspire 1 UAS would reduce the amount of manned aircraft in the NAS , reduce noise and air pollution , as well as increase the safety of life and property in the air and on theground

. Furthermore , b y reducing the number of manned aircraft operating in the NAS , congestion around airports caused by arri v ing and departing aircraft will be reduced

. The DJI Phantom 3 and DJI Inspire 1 UAs do not require an airport to takeoff or land

. Likewise , a reduct ion of manned aircraft conducting aerial video and photography missions would result in fewer aircraft that must be handled b y air traffic control during the ground , t a keoff , departure , arrival , and landing phases of flight operations. 2. The Public Will Benefit From The Safety And Efficiency Of The DJI Phantom 3 and DJI Inspire 1 sUAS.Conducting aerial media acquisitions with the DJI Phantom 3 and DJI Inspire 1 sUAS , instead of manned aircraft , will greatl y benefit the public b y drasticall y reducing the levels of air and noise pollution generated during traditional aerial video and still photography flight operations

. By using battery power and electric motors , the DJI Phantom 3 and DJI Inspire 1 sUAS produce no air pollution , and is the most viable en v ironmentall y conscious alternative to the cabin class , six cylinder internal combustion engine aircraft that are typically utilized for aerial video and photography which bum approximately 20

- 30 gallons per hour of leaded aviat ion fuel. The DJI Phantom 3 and DJI Inspire 1 UAs , while reducing the carbon footprint of aerial acquisitions , also eliminate noise pollution, as the UAs are propelled by battery powered electric motors , rather than an internal combustion engine. By usi ng the DJI Phantom 3 and DJI Inspire 1 sUAS to perform aerial acquisitions , the substantial r isk to life and property in the air and on the ground , which is usually associated with traditional manned aircraft flight operations , will be substantiall y red uced or completely eliminated. Aside from the lack of flight crew members located onboard the aircraft , the DJI Phantom 3 and DJI Inspi r e 1 UAs (weighing approximatel y 2 pounds 14 ounces and 6 pounds 7.5 ounces respectivel y , at their maximum gross weig hts with lengths of 16 inches and 17

. 3 inches respectivel y , widths of 16 inches and 17.7 inches respectively , and with no fuel on board) , has less physical potential for collateral damage to life and propert y on the ground , and in the air , compared to the manned aircraft that typically conduct similar operations (weighing approximatel y 6 , 000 pounds with a wingspan of approximately 42 feet , a length of 34 feet , and a fuel capacity of 180 gallons)

. 3. Performing Aerial Video and Photography Operations Wit h The DJI Phantom 3 and DJI Inspire 1 sUAS Will Benefit The Economy. In addition to being safe and efficient , the DJI Phantom 3 and DJI Inspire 1 sUAS are also an economical alternative to using manned aircraft to conduct similar aeri a l operations. As such , operation of the DJI Phantom 3 and DJI Inspire 1 sUAS will allow United States based companies , such as JOSEPH GRINDSTAFF/PHOTODRONE to remain competitive and contribute to growth of the U

. S. economy. Specificall y , with the rising cost of aviation fuel and the E nvironmental Protection Agency ("EPA" ) regulator y actions phasing out leaded aviation fuels , U

. S

. owned and operated companies must adopt new and alte r native technolog y in order to r emain competitive. Operating the battery powered DJI Phantom 3 and DJI Inspire 1 sUAS utilizes technolog y that not onl y allows companies greater operational flexibilit y compared to manned aircraft , but provides such flexibili t y without the high operational co st of a traditional manned aircraft

. By operating the DJI Ph a ntom 3 and DJI Inspire 1 sUAS , companies such as JOSEPH GRINDSTAFF/PHOTODRONE can remain competitive and profitable , and therefore , provide greater job stabilit y to employees and contractors , which will ultimatel y contribute to growth of the U

. S

. economy
. Improved financial performance o f U

. S. companies , through commercial use of the DJI Phantom 3 and DJI I nsp i re 1 s U AS , pro v ides a stable workforce that increases consumer spending ; improves local , state , and federal tax revenues ; and allows companies to invest in research and development in order to remain competitive both in the Uni t ed States and abroad

. a. There is limited competition of sUAS type aircraft legally licensed to operate in the El Paso Texas region for this purpose, therefore operation of the DJI Phantom 3 and DJI Inspire 1 will greatly benefit the local community and provide an alternative to expensive fuel powered large aircra ft that currently provide similar types of services.b. JOSEPH GRINDSTAFF/PHOTOTDRONE further benefit the local economy by hiring FAA certified pilots, thus providing a source of employment in an area that the requirements for certified pilots is limited and will be a significant avenue for pilots to pursue additional income. There Are No Privac y Issues. Similar to the manned aerial media acquisition flight operations that have been conducted for decades , JOSEPH GRINDSTAFF/PHOTODRONE proposed operation of the DJI Phantom 3 and DJI Inspire 1 sUAS would not implicate any privacy issues

. Specifically , the DJI Phantom 3 and DJI Inspire 1 sUAS will be operated only in compliance with operating documents (i

. e ., JOSEPH GRINDSTAFF/PHOTODRONE Aerial Operation s Manual , Monthly Maintenance Log , and DJI Phantom 3 and DJI Inspire 1 Instruction Manual) which requires propert y owner involvement as well as local law enforcement notificat i on , and i n accordance with the Federal Aviation Regulations , including the mi nimum altitude requirements of 14 C

. F. R

. § 91

. 119

. E

. The Reasons Why Granting The Exemption Would Not Adversely Affect Safety, Or How The Exemption Would Provide A Level Of Safety At Least Equal To That Provided By The Rule From Which JOSEPH GRINDSTAFF /PHOTODRONE Seeks Exemption.
1. Reasons Why The DJI Phantom 3 and DJI Inspire 1 sUA V Meet The Conditions Of The FAA Modernization and Reform Act of2012 (FMRA) Section 333.
2. In consideration of the size , weight, speed , and limited operating area associated with the unmanned aircraft and its operation , JOSEPH GRINDSTAFF/PHOTODRONE ' s operation of the DJI Phantom 3and DJI Inspire 1 sUAS meet the conditions of FMRA Section 333 , and will not require an airworthiness certi ficate in accordance with 14 C.F.R

. Part 21 , Subpart H

. Section 333 provides authority for a UAS to operate without airworthiness certification and sets forth requirements for considering whether a UAS will create a hazard to users of the NAS or the pub lic, or otherwise pose a threat to national security. Specifically , FMRA Section 333 states the following , in part.

a. In General

. -- Notwithstanding any other requirement of this subtitle , and not later than 180 days after the date of enactment of this Ac t, the Secretary of Transportation shall determine if certain unmanned aircraft systems may operate safely in the national airspace system before completion of the plan and rulemaking required by section 332 of this Act or the guidance required by sect ion 334 of this Act

. b. Assessment of Unmanned Aircraft Systems.

-- In making the determination under subsection (a) , the Secretary shall determine , at a minimum

1. Which types of unmanned aircraft systems , if any , 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 national airspace system or the public or pose a threat to national security ; and whether a certificate o f waiver, certificate of authorization , or airworthiness certification under section 44704 of title 49 , United States Code , is required for the operation of unmanned aircraft systems identified under paragraph (J).

c. Requirements for Safe Operation.

-- If the Secretary determines under this section that certain unmanned aircraft systems may operate safely in thenational airspace system, the Secretary shall establish requirements for the sate operation of such aircraft systems in the national airspace s ystem. In seeking this exemption , JOSEPH GRINDSTAFF/PHOTODRONE submits that the DJI Phantom 3 and DJI Inspire 1 sUAS can operate safely in the NAS pursuant to FMRA Section 333 , as demonstrated by: (a) the characteristics of the DJI Phantom 2 and DJI Ins pire 1 sUAS , (b) the pilot certification requirement and (c) the specific operating limitations

. L The Specifications Of The DJI Phantom 3 and DJI Inspire 1 sUAS

Demonstrate Its Safe Characteristics. The DJI Phantom 3 and DJI Inspire 1 sUAS do not create a hazard to users of the NAS or the public , or otherwise pose a threat to national security considering its size , weight , speed , and operational capabilit y
. 11. Technical Specifications Of The DJI Phantom 3 and DJI Inspire 1 sUAS. The DJI Phantom 3 and DJI Inspire 1 Specifications and Data Sheet , attached hereto as E xhibits A and B , set the technical specifications of the DJI Phantom 3 and DJI Inspire 1 sUAS forth

. iii

. The DJI Phantom 3 and DJI Inspire 1 sUAS Autonomous Flight And

Navigation Modes Enable The sUAS To Remain Within A Defined Operational Area. The DJI Phantom 3 and DJI Inspire 1 sUAS may be operated in both manual and fully autonomous flight modes. A complete description of the flight and na vigational modes of the DJI Phantom 3 and DJI Inspire 1 sUAS is provided at pages 25

- 35 of the DJI Phantom 3 and pages 12

- 16 and 45

- 50 of the DJI Inspire I User Manuals , attached hereto as Exhibit C and D. IV

. The DJI Phantom 3 and DJI Inspire 1 sUAS Ar e 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 and DJI Inspire 1 UAs will remain stationary , in flight , for 3 seconds or more

. If , after 3 seconds , the DJI Phantom 3 and DJI Inspire 1 UAs do not reacquire control link data from the GCS , the UAs will assume that the Control Link is lost and the UAs will return to the home position (i

. e., failsafe mode) via GPS, and will descend to the takeo ff position and shutdown

. A complete description of the Failsafe Functions of the DJI Phantom 3 UAS are set forth at pages 27 and 28 and for the DJI Inspire 1 at pages 13 through 15 of the DJI Phantom 3 along with complete DJI Inspire 1 User Manuals , a ttached hereto as Exhibit C and D.

v. The DJI Phantom 3 and DJI Inspire 1 Ground Control Station ("GCS") And It's Operation. A complete description of the operation and specifications of the DJI Phantom 3 and DJI Inspire 1 GCS and flight control software is provided at pages 32 through 44 of the DJI Phantom 3 User Manual and pages 23 through 33 of the DJI Inspire 1 User Manual

. DJI Phantom 3 and DJI Inspire 1 User Manuals are attached hereto as Exhibits C and D. VI

. Flight Operations Of DJI Phantom 3 and DJl lnspire 1 sUAS Are Limited To

The Line Of Sight Of A Certificated Pilot in Command With A Safety Observer. vii

. AERIAL JOSEPH GRINDSTAFF/PHOTODRONE will only utilize certificated pilots who

poss ess a current and valid airman medical certificate to act as a pilot in command(PIC) of the DJI Phantom 2 and Dfl Inspire 1 sUAS

. Additionally, a safety observer will assist all pilots during flight time. (PIC) of the DJI Phantom 3 and DJI Inspire 1 sUAS

. Additionally, a safety observer will assist the pilot during flight time. viii

. Flights Of DJI Phantom 3 and DJI Inspire 1 sUAS Will Be Conducted Pursuant To Specific Operating Limitations. In seeking this exemption , JOSEPH GRINDSTAFF/PHOTODRONE proposes to commercially operate DJI Phantom 3 and DJI Inspire 1 UAs for the special purpose of conducting aerial video and photography over certain areas of United States , pursuant to the following specific operating limitations : 1. Operations authorized by this grant of exemption will be limited to the following aircraft described in the operating documents , rotorcraft sUAS weighing less than 55 pounds maximum gross weight: DJI Phantom 2 and on Inspire 1 Unmanned Aircraft Systems

. Proposed operations of any other aircraft will require a new petition or a petition to amend this grant

. 2. UAS operations under this exemption will be limited to conducting operations for the purpose of aerial video and photography

. 3. The UAs may not be flown at an indicated airspeed exceeding 20 knots. 4. The UA must be operated at an altitude of no more than 500 feet above ground level (AGL) , as indicated by the procedures specified in the operating documents unless a special request is made and approved b y A TC. All altitudes reported to ATC must be in feet AGL

. 5. The UAs 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 medical certificate. 6. The use of first person view (FPV) by the PIC or safety observer (SO) is not permitted. 7. All operations must utilize a safety observer (SO). The SO may be used to satis fy 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 messaging or texting is not permitted during flight operations. The PIC must be designated before t he 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 operating documents. 8. 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.9. The ope r ating documents and the grant of exemption must be accessible during U AS 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 outlined in the operating documents , the conditions and li mitations contained in the grant of exemption take precedence and must be followed. Otherwise , the operator must follow the procedures as outlined in its operating documents. The operator may update or revise its operating documents. It is the operator 's responsibility to track such re v isions and present updated and revised documents to the Administrator upon request

. The operator must a l so present updated and revised documents if it petitions for e x tension or amendment to the grant of exemption

. If the operator determines that any update or revision would affect the basis upon which the FAA granted the exemption , then the operator must petition for amendment to its grant of exemption. The F AA's UAS Integration O f fice ( AFS

- 80) may be contacted if questions arise regarding updates or rev i sions to the operating documents

. 10. Prior to each flight the PIC must inspect the UAS to ensure that it is in a condition f or safe flight

. If the inspection reveals a condition that affects the safe operation of the UAS , the aircraft is prohibited from operating until the necessary maintenance has been performed and the UAS is found to be in a condition for safe fl i ght

. T he Ground Control Station must be included in the preflight inspection

. All maintenance and alterations must be properly documented in the aircraft reco r ds. 11. An y UAS that has undergone maintenance or alterations that affect the UAS operation or fl i ght characteristics, e

. g
. replacement of a flight critical component , must undergo a functional test flight

. T he PIC who conducts the functional test flight must make an entr y in the aircraft records. 12. The pre

- flight inspection must account for all potential discrepancies , e.g
. inoperable components , items , or equipment , not already covered in the rele v ant sections of the operating documents

. 13. The operator must follow the UAS manufacturer's aircraft / component , maintenance , overhaul , replacement , inspection , and life limit requirements. 14. The operator must carr y 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 UAS to service

. 15. Each sUAS operated under this exemption must compl y with all manufacturer Safety Bulletins

. 16. The authorized person must make an entr y in the aircraft record of the correcti v e action taken against discrepancies discovered between inspections.
The PIC must possess at least a private pilot certificate and at least a current third

- class medical certificate

.17. The operator may not permit any PIC to operate unless the PIC meets the operator's qualification criteria and demonstrates the ability to safely operate the UAS in a manner consistent with how the UAS will be operated under the exemption, including evasive and emergency maneuvers and maintaining appropriate distances from persons, vessels, vehicles and structures. PIC qualification flight hours must be logged in a manner consistent with 14 C.F.R. § 61.51 (b). Flights for the purposes of training the operator's PICs are permitted under the terms of the exemption. However, training operations may only be conducted during dedicated training sessions. During training, proficiency, and experience

- buildi ng flights, all persons not essential for flight operations are considered nonparticipants, and the PIC must operate the UA with appropriate distance from nonparticipants in accordance with 14 C.F.R. §91.119

. 18. UAS 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 (YMC). If flight at night 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.

. 19. The 

### VA may not operate within 5 nautical miles of an airport reference point as denoted on a current FAA

- pub l ished aeronautical chart unless a letter of agreement with that airport's management is obtained , and the operation is conducted in accordance with a NOTAM as required by the operator's COA

. The letter of agreement with the airport management must be made available to the Administrator upon request
20. The UA 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

. 21. If the UA 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. 22. The PIC must abort the flig ht in the event of un predicted obstacles or emergencies in accordance with the operating documents.

17. 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 

### VA with 25 battery power remaining. 18. The operator must obtain an Air Traffic Organization (ATO) issued Certificate of Waiver or Authorization (COA) prior to conducting any operations under the grant of exemption. This COA will also require the operator to request a Notice to Airman (NOTAM) not more than 72 hours.in advance , but not less than 48 hours prior to the operation

. All operations shall be conducted in accordance with airspace requirements in the ATO issued COA including class of airspace, altitude leve l and potential transponder requirements. 26. All aircraft operated in accordance with the exemption must be identified by serial nu mber , 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. 27. Before conducting operations , the radio frequency spectrum use d for operation and control of the UA must compl y with the Federal Communications Commission (FCC) or other appropriate government oversight agency requirements. 28. The documents required fewer than 14 C

. F.R

. 91

. 9 and 91

. 203 must be available to the PIC at the Ground Control Station of the UAS any time the UAS is operating

. These documents must be made available to the Administrator or an y law enforcement official upon request

. 29. The UA must remain clear and yield the right of way to all manned aviation operations and activities at all times. 30. T he UAS may not be operated b y the PIC from an y moving de v ice or vehicle

. 31. 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 su f ficientl y protect nonparticipating persons from the UA 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 withi n 500 feet ofthe UA , fl i ght operations must cease immediatel y and / or ; b. The aircraft is operated near vessels , vehicles or structures where the owner / controller of such v essels , vehicles or structures has granted permission and the PIC has made a safety assessment ofthe 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)

. 32. All operations shall be conducted over private or controlled

- access propert y 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

. 33. An y incident , accident , or flight operation that transgresses the lateral or vertical boundaries of the operational area as defined by the applicable COA must be reported to the F AA's UAS Integration Office (AFS

- 80)hours of multi

- rotor time and the 10 hours may be included in the total 25 hours of

UAS rotorcraft time. In addition to the hour requirements, the PIC must accomplish 3 takeoffs and landings in the preceding 90 days (for currency purposes). The FAA finds that at a minimum, the flight hour requirements in Exemption No. 11062 are appropriat e to practice and build proficiency in the skills necessary to safely conduct the petitioner's proposed operations. The FAA also finds that prior documented flight experience that was obtained in compliance with applicable regulations would satisfy this requirement. Training, proficiency, and experience building flights can also be conducted under the grant of exemption to accomplish the required night time. During training, proficiency, and experience

- building flights the PIC is required to operate t he UA with appropriate distances in accordance with 14 C.F.R 91.119. Exemption No. 11138 at page 15. Accordingly, JOSEPH GR INDSTAFF/PHOTODRONE will ensure safe operations by not allowing any PIC to operate the DJI Phantom 3 or DJI Inspire 1 U AS unless that PIC has demonstrated, by meeting minimum flight

- hour and currency requirements, that the PIC is able to safely operate the Dll Phantom 3 or DJI Inspire 1 UAS in a manner consistent with the exemption, including evasiv e and emergency maneuvers and maintaining appropriate distances from people, vessels, vehicles and structures.

CONCLUSION JOSEPH GRINDSTAFF/PHOTODRONE seeks an exemption pursuant to 14 C.F.R § 11.61 and Section 333 of the FAA Modernization and Reform Act of 20 12 (FMRA), which will permit safe operation of the DJI Phantom 3 and DJI Inspire 1 sUAS commercially. Without an airworthiness certificate, for the limited purpose of conducting aerial video a nd 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 20 12, while also advancing the interests of the public, by JOSEPH GRINDSTAFF/PHOTODRONE to safely, efficiently, and economically operate the DJI Phantom 3 and DJI Inspire 1 sUAS commercially within the NAS. WHEREFORE, in accordance with the Federal Aviation Regulations and the FAA Modernization and Reform Act of20 12, Section 333, JOSEPH GRINDSTAFF/PHOTODRONE respectfully requests that the Administrator grant this Petition for an exemption from the requirements of 14 C.F.R Sections 61.113(a) & (b), 9L7(a}, 91.121, 91.151 (b), 91.405(a), 91.407(a)(l), 91.409( a)(l) & (aX2), and 91.417(a) & (b») and pennit JOSEPH GRINDSTAFF/PHOTODRONE to operate the DJI Phantom 3 and DJI Inspire 1 sUAS commercially for the purpose of conducting aerial video and photography over certain areas of the United States.

Dated: January 26,2016 Submitted by: JOSEPH GRINDSTAFF/PHOTODRONE