1

Nov , 1 0 2015
Attn: U. S. Department of Transportation Docket Operations West Building Ground Floor, Room w12 -140 1200 New Jersey

Ave, SE Washington, DC 20590

RE: Steven Elmore REQUEST AN EXEMPTION FROM THE REQUIREMENTS OF TI TLE 14 OF THE CODE OF FEDERAL REGULATIONS SECTI ONS 61.113(a) & (b), 91.7(a) , 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & ( a)(2), AND 91.417(a) & (b) CONCERNING COMMERCIAL OPERATION OF DJ IP hantom 3 UNMANNED AIRCRAFT SYSTEMS PURSUANT TO SE CTION 333 OF THE FAA MODERNIZAT ION AND REFORM ACT OF 2012 (PUBLIC LAW 112 -95)

Steve n E lm o r e 1 1 2 L o u i e l an e J a c k s o nv i l l e , N C 28540 9 1 0

- 3 7 6

- 9 2 3 52 **TABLE OF CONTENTS** Page GLOSSARY OF ABBREVIATIONS...................................................................................3

SUMMARY...................................................................................................................... .....4

I N TRODUCTION AND INTERESTS OF PETITIONER....................................................4

B ACKGROUND................ ....................................................................................................4

B ASI S FOR PETITION..........................

. .......................... . . . .................................................5

NAME AND ADDRESS OF PETIT I O NER

. . ..................... ..................................................6

THE SPECI FI C SECTIONS OF 14 C.F.R

. FROM WHI CH STEVEN ELMORE SEEKS EX EMPTI ON...........

. ........................... . ....................................................................7

THE EXTENT OF RELIEF STEVEN ELMORE SEEKS AND THE REASON TH E STEVEN ELMORE SEEKS THE REL IEF...................

............................. .... ..............10

THE REASONS WHY GRANTING STEVEN ELMORE'S REQUEST WOUL D BE IN THE PUBLIC INTEREST ....................

. .............. .........................................................12

THE REASONS WHY GRANTING THE EXEMPTI ON TO STEVEN ELMORE WOULD NOT ADVE RSELY AFFECT SAFETY.........................

. . . . ............. ....................14

SUMMARY THAT CAN BE PUBLISHED IN THE FEDERAL REGI STER....

.......... .. . .. 25

ANY ADDITIONAL INFORMATION, VIEWS, OR ARGUMENTS AVAILAB LE TO SUPPORT STEVEN ELMORE'S RE QUEST...

............. ............. ..................................25
C ONCLUSION.......................

. ........................... . .......................... . . . ........................... .........25
APPENDI CES...................................................

... ... ... ... .......................... 263 **GLOSSARY OF ABBREVIATIONS** AGL Above Ground Level AOI Area of Interest ATC Air Traffic Control ATO Air Traffic Organization AV Aerial Vehicle CFR Code of Federal Regulations COA Certificate of Authorization FAA Federal Aviation Administration FAR Federal Aviation Regulation GCS Ground Control Station GPS Global Positioning System LOL Loss of Link NAS National Airspace Sy stem NOTAM Notice to Airman PI C Pilot In Command Section 333 FAA Modernizatio n and Reform Act of 2012 (FMRA) SO Safety Observer SOP Standard Operating Procedure s UA Unmanned Aircraft UAS Unmanned Aircraft Sy stem VFR Visual Flight Rules VLOS Visual L ine of Site VMC Visual Meteorological Conditions VTOL Vertical Takeoff and Landing4 **SUMMARY** Steven Elmore seeks exemption f ro m the requirements of 14 C.F.R § § 6 1

. 1 1 3 ( a) & (b), 91.7(a), 91.121, 9 1.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 9 1

. 4 1 7 ( a) & (b), to
o p erate an Unmanned Aircraft Sy stem (DJ I Phantom 3) p ursuant to Section 333 of the FAA Mod ernization and Reform Act of 2012 (FMRA). This exemption will permit Steven Elmore to
o perate an Unmanned Aircraft Sy stem (UAS) fo r the commercial purpose o f conducting aerial
v ideo and p h o tography of construction sites, residential and commercial r eal estate, civil landscape s and events over certain areas of the United States.

**INTRODUCTION AND INTERESTS OF THE PETITIONER** The o b jective of Steven Elmore and his Unmanned Aircraft Sy stem (DJ I Phantom 3) aerial
o p erations is to p rovide a more affordable , high -qua lity production sy stem for a variety of governmental, commercial, public , and residential uses, specificallytargeting

• Construction sites before and after

• Appraisals •

Real

- estate marketing • Eco nomic development • Civic landmarks Special event coverage • Private and governmental training

I have safely flown small RC electric quadcopters recreationally for ap proximately 2 ye ars without incident.

**BACKGROUND**

Unmanned Aircraft Sy stems: DJIPhantom 3 , UAS Steven Elmore s e e k s an exempti o n t o o p e rate D JI Phant o m 3 s y ste m for compensation o r h i r e w i th i n the NAS. The D J I P h ant o m 3 i s v e rti c a l t ak eoff an d l an d i n g ( V T OL) Unm anned A i rcraft (UA) w i th a Gro un d C o ntro l Stat i o n ( G C S ) utilizing e l ectronic t ab l e t o r s m art phone s y s t e m s

. T h e D J IP hantom 3 h a s a m ax i mum gro s s w e i ght o f ap p r o x i m at e ly 2.8 lb

. wh i l e h av i n g a di a g o n a l di me n s i o n o f 23.2”, a m ax i mum s p e e d o f approximate ly 1 6

. 4 ’ f p s an d a max i mum f l y i n g h e i ght o f 4 0 0 '

. T h e DJ I Phant o m 3 is e qu ip p e d w i thfour main rotors; driven byL ithium P o l ym e r b att e ry powe r e d el ectric motors.5

The DJ I Phantom 3 th at will be operated by Steven Elmore will be registered in accordance with 49 U.S.C. 44103, Registration o fAircraft , as well as 14 C.F.R Part 47, Aircraft Registration , and marked in accordance with 14 C.F.R. P art 45, Identification and R egistration Marking

.

**BASIS FOR PETITION** Petitioner, Steven Elmore , p ursuant to the provisions of the Federal Aviation Regulations (14 C .F.R. § 1 1.61) and the FAA Modernization and Reform Act of 2012 (FMRA), Section 333, S pecial Rules for Certain Unmanned Aircraft S ystems , hereb y petitions the Administrator to commerciallyoperate the DJ I Phantom 3, UAS in the National Airspace Sy stem (NAS), and fo r an exemption f

ro m the requirements of 14 C.F.R §§ 6 1

. 1 1 3 ( a) & (b), 91 .7 (a), 91 .1 21 , 9 1. 15 1(b), 9 1

. 4 0 5 (a), 91 .407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b).
In consideration of the speed, weight, size, and limited o p erating area associated with the
unmanned aircraft and its o p eration, Steven Elmore 's o p eration of DJI Phantom 3 UAS meets the conditio n s of FMRA Section 333 and therefore, will not require an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H. Accordingly, Steven Elmore requests relief from Sections 91.405(a), 9 1.407(a)(1), 9 1

. 4 0 9 (a)(1) & (a)(2), and 91.4 17(a) & (b), as these sections set forth requirements for maintenance that only apply to aircraft with an airworthiness certificate. Steven Elmore submits that the requested relief is proper since an equivalent level of safety will be ensured. Steven Elmore will use experienced personnel or technicians to perform maintenance, alteration s, or preventive maintenance on the UAS using the methods, techniques, and p r actices p r escribed in the operating documents ( i.e., Monthly Maintenance Lo g, an d DJI P hantom 3 In str

u ction Manu al). Furthermore, Steven Elmore will document and maintain all maintenance records for the DJ I Phantom 3 UAS. The petitioner asserts that under § 61.113 (a) and (b) private pilots are limited to no n commercial
o p erations, 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 f urther indicates that the risks of operating a UAS are far less than the risk levels inherent in th e commercial activities outlined in 14 CFR p art 61, et seq., thus he requests an ex emp tio n f rom § 6 1

. 113 Private Pilot Privileges and Limitatio n s: PIC

Reg arding UAS operational training, the p etitioner states he has flown numerous practice f lights in remote areas as a hobbyist simulatin g f lights for future commercial use to gain f amiliarization with the characteristics o f his UAS’ performance under different temperature and weather conditions. He further states th at h e practices computerized simulated flights to maintain ad equate skills and response reflex time. In a supplemental request to the FAA, the p etitioner requests consideration of a 2 4 0 d ay temporary airman certificate in accordance with § 63.13, to allow him time to obtain a p rivate p ilo t certificate or to allow the FAA time to establish minimum UAS airman certificatio n standards.6 Steven Elmore also seeks an exemption from the requirements of Section 91.121, entitled Altimeter Settings , as the DJI Phantom 3 UAS will not have a typical barometric altimeter onboard. However, altitude information o f the DJI Phantom 3 UAS will be provided to the PI C
v ia Global Positioning Sy stem (GPS) equ ipment and radio communications telemetry data link, which downlinks from the UA to the GCS for active monitoring o f the flight path. This altitude information, combined with Steven Elmore 's o p eration of the DJ I Phantom 3 UAS within visual line o f sight, at or below 400 f eet AGL, will ensure a level of safety equivalent to Section 91.121.

Additionally , Steven Elmore seeks an ex emption from the requirements of Section 91.151(b), entitled Fuel requirements for flig ht in VFR conditions

. Steven Elmore submits that safetyw ill not be affected byo peration o f the DJ I Phantom 3 UAS during day light hours in visual meteorological conditions ( VMC) under v isu al f light r u les (VFR), with enough batteryp ower to f lyf or a total d

uration of approximately23 minutes

. B atteryp ower indicators are also able to sho w exactlyh ow much batteryp ower is left, as well as how much time is needed to return safely back to point of take off.

In a c c o rd ance w i th 14 C.F.R. § 11.81, S t e v e n E l m o r e pro vides th e f o l low ing information in support of its petition for exemption:

**A. Name And Address Of The Petitioner.**  The name and address of the Petitioner and point of contact is:
Steven Edward Elmore 1 12 Louie lane Jacksonville, NC 28540 9 10-376-9235 steve.e.elmore@gmail.com Steven Elmore seeks relief from Section 91.7(a), entitled Civil aircraft a irworthiness , b ecause th e DJI P hantom 3 UAS do n ot require an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H. As such, Steven Elmore submits that they will ensure that the DJI Phantom 3 UAS is in an airworthy condition, p rior to every flight, byd etermining that the UAS are in compliance with the o p erating d ocuments (i.e., Month lyMaintenance Log, and DJ I Phantom 3 I n str uction Manual), and that the aircraft are in a condition for safe flight.7

**B. T**  **he Specific**  **Sections Of**  **14 C.F.R.**  **From Which**  Steven Elmore **Seeks Exemption.** 
**1.** Steven Elmore **Seeks E**  **x e**  **m p**  **t i**  **o n**  **F rom**  **T h**  **e Requirements**  **O f**  **S e**  **c t**  **i o**  **n 61.113(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 a ct as a pilot in command (PI C) of an aircraft that is carryi ng passengers or property for compensation or hire; nor may that person, for compensation or hire, act as PI C of an aircraft. (b) A private pilot may , for compensation or hire, act as PI C of an aircraft in connection with any business or emplo ym ent if

— (1) The flight is only

incidental to that business or employ ment; and (2) The aircraft does not carry passengers or property

for compensation or hire.
**2.** Steven Elmore **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 may

operate a civil aircraft unless it is in an airworthy condition.
**3.** Steven Elmore **Seeks Exemption**  **From T**  **he Requirements**  **Of Section**  **91.121.** Section 91.121, 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 b e, by reference to an altimeter that is set, when operating

-- (1) 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)(1)(i) of this section, the current reported alti meter setting of an appropriate available station; or (iii) Inthe case of an aircraft not equipped with a radio, the elevation of the departure airport or an appropriate altimeter setting available before departure.8

**4.** Steven Elmore **Seeks Exemption**  **From T**  **he Requirements**  **Of Section**  **91.151(b).** Section 91.151, entitled Fuel 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 intended landing and, assuming normal cruising speed, to fly after that for at least 20 minutes.
**5.** Steven Elmore **Seeks E**  **x emption**  **From T**  **he Requirement**  **Of Sect**  **ion 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 inspecti ons, except as provided in paragraph (c) of this section, have discrepancies repaired as prescribed in part 43 of this chapter[.]
**6.** Steven Elmore **Seeks Exemption**  **From The**  **Requirements Of**  **Section 91.407(a)(1)**  Section 91.407, entitled Operation after maintenance, preventive maintenance, rebuilding, or alteration , subsection (a)(1), states the following: (a) No person may

o perate an y aircraft that has undergone maintenance, preventive maintenance, rebuilding, or alteration unless

-- (1) Ith as be en approved for return to service by ap erson authorized under § 43.7 of this chapter[.]
**7.** Steven Elmore **Seeks Exemption**  **From T**  **he Requirements**  **Of Sections**  **91.409(a)(1) And 91.409(a)(2).** Section 91.409, entitled Inspections , subsection (a), states the following: (a) Except as provided in paragraph (c) of this section, no person may o perate an aircraft unless, within the preceding 12 calendar months, it has had

-- (1) An annual inspection in accordance with part 43 of this chapter and has been app roved for return to service by a person authorized by

§ 43.7 of this chapter; or (2) An inspection for the issuance of an airworthiness certificate in accordance with part 21 of this chapter.9

**8.** Steven Elmore **Seeks Exemption**  **From T**  **he Requirement**  **s Of**  **Sections 91.417(a) And 91.417(b).**  Section 91.417, entitled Maintenance records , subsections (a) and (b), state the following: (a) Except for work performed in accordance with §§ 91.411 and 91.413, each registered owner or operator shall keep the following records for the periods specified 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 each engine, propeller, rotor, and appliance of an aircraft. The records must include

-- (i) A description (or reference to data acceptable to the Administrator) of the work performed; and (ii) The date of completion of the work performed; and

(iii) The signature, and certificate number of the person approving the aircraft for return to service. (2) 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 applianc e. (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 i nspection program under which the aircraft and its appliances are maintained. (v) The current status of applicable airworthiness directives (AD) and safety directives including, for each, the method of compliance, the AD or safety directive number and rev ision date. If the AD or safety directive involves recurring action, the time and date when the next action is required. (vi) Copies of the forms prescribed by § 4 3.9(d) of this chapter for each major alteration to the airframe and currentl y installed engines, rotors, propellers, and appliances.10 (b) The owner or operator shall retain the following records for the periods prescribed: (1) The records specified in paragraph (a)(1) of this section shall be retained until the work is repeated or superseded by o ther work or for 1 ye ar after the work is performed. (2) The records specified in paragraph (a)(2) of this section sh all be retained and transferred with the aircraft 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** Steven Elmore **Seeks And T he Reason**  Steven Elmore **Seeks The Relief.** 
**1. E**  **x tent**  **Of Relief**  Steven Elmore **Seeks And**  **T he**  **Reason** Stev en E lmore **Seeks Relief From Section 61.113(a) And (b).** Relief from Section 61.113(a) and (b) entitled Private pilot privileges and limitations: Pilot in command, is requested to the extent necessary t o allow a PI C 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 conduct 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 PI C of an aircraft in connec tion with an y business or employ

ment if: (1) The flight is onl y incidental to that business or employ ment; and (2) The aircraft does not carry passengers or property

for compensation or hire. As set f o rth more fully below, Steven Elmore sub mits th at an equivalent level of safety will be maintained because no PI C will be allowed to o p erate the DJIP hantom 3 UAS unless that PI C has met certain flight -h our and currencyr equirements, demonstrating that the PI C is able to safely o perate either the DJ I Ph antom 3 UAS in a manner consistent with the operations specific ations as d escribed in this exemption, including evasive and emergency maneuv ers, as well as maintaining appropriate distances from people, vessels, vehicles and structures.

Further, Steven Elmore submits that all f lights o f the DJI Phantom 3 UAS , conducted byt he PI C p ur suant to th e gr ant o f th is Petition: ( 1) will b e incidental to Steven Elmo r e bu siness; and ( 2 ) will not carryp assengers or property fo r co mpensation or hire.11

**2. E**  **x tent**  **Of Relief**  Steven Elmore **Seeks And**  **T he**  **Reaso n**  Stev en E lmore **Seeks Relief From Section 91.7(a).**
Relief f ro m Section 91.7(a) entitled Civil a ircraft a irworthiness , is requ ested to the extent requir ed to allow Steven Elmore to determine th at the DJI Phantom 3 UAS are in airworthy condition p rior to everyf light b ye n suring th at th e UAS is in compliance with the o perating d ocuments (i.e., Steven Elmore Aerial Operations Manual, Month ly Maintenan ce Lo g , and DJI Ph antom 3 I n struction Manual). Steven Elmore seeks the r equested r elief b ecause th e DJI Phantom 3 UAS d o not require an airworthiness certificate in accordance with 14 C.F.R. Part 21, Sub part H. Therefore, Steven Elmore will en sure th at th e DJIP hantom 3 UAS are in air worthy con dition based upon its compliance with th e operating d o cuments (i.e., Mo nthlyM ainten ance Lo g, and DJI Phantom 3) p rior to every f

light, and f

urther, d etermine th at the aircraft ar e in condition for safe flight, as stated in the conditions and limitations below.

**3. E**  **x tent**  **Of Relief**  Stev en Elmore **Seeks And**  **The Reaso**  **n** Stev en E lmore **Seeks Relief From Section 91.121.**
Relief from Section 9 1

. 1 2 1 , entitled Altimeter setting s , may b e r equired to allow flight
o p erations o f the DJ I Phantom 3 UAS, which utilize a b arometric pressure sensor, GPS equipment, and a r adio communications telemetry d a ta link to do wnlink altitude information f ro m the UA to th e PI C at the gro und control s tation (GC S). Since the FAA r equires that an y altitude information con cerning UAS operations be reported to air traf fic control (ATC) in feet ab ove gro un d level (AGL), Steven Elmore seeks the requ ested r elief because the DJI Phantom 3 UA’s altimete r mayb e set on the gro un d to zero feet AGL, rather than the local barometric pressure or field altitude, before each flight. Considering the limited altitude of the proposed operations, relief from 14 CFR 91.121 is sought to the extent necessary

to compl y with the applicable conditions and limitations stated below. As
more fully

s et forth herein, an equivalent level of safety will be maintained since the DJ I Phantom 3 UAS are equipped with a barometric pressure sensor and GPS equipment, which automaticall y 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 heads

- up display of the GCS.

**4. E**  **x tent**  **Of Relief**  Stev en Elmore **Seeks And**  **The Reaso**  **n** Steven Elmore **Seeks Relief From Section 91.151(b)** 
**.** Relief fro m Section 9 1 .151(b) entitled Fuel requirements for f light in VFR conditions , is
r equested to the extent required to allow flights o f the b attery po wered DJI Phantom 3 UAS d uring d ay light hours in v isu al meteorological co n ditions (VMC), un der visu al flight r u les ( VFR), for a total duration of 23 minutes. Steven Elmore seeks the requested r elief because without an exemption from Section 91.151(b), the flight time duration of th e12

batteryp owe red DJ I Phantom 3 UAS will severely constrain the practicalityo f any aerial video
o r still photo flight operations that Steven Elmorep roposes to conduct pursuant to this Petition.

Significantly, as set forth b elow, the technical specifications of the DJ I Phantom 3 UAS , the DJ I Phantom 3 o p erating documents, and Steven Elmore p ro posed o p erating limitations, ensure that Steven Elmore will safelyo perate the batteryp owered DJI Phantom 3 UAS during d ay light hours in v isual meteorol ogical conditions (VMC), under visu al flight rules (VFR), with enough b atterypower to fly for a total duration of 23 minutes

.

**5. E**  **x tent**  **Of Relief**  Stev en Elmore **Seeks And**  **The Reason**  Stev en E lmore **Seeks Relief**  **From Sections**  **9 1.405(a),**  **91.407(a)(1), 91.409(a)(1)**  **& (a)(2),**  **And 91.417(a) & (b).**  Since Sections 91.405(a), 9 1.407(a)(1), 9 1

. 4 0 9(a)(1) & (a)(2), and 91.417(a) & (b) only apply t o aircraft with an airworthiness certificate, Steven Elmore requests r elief from these Sections b ecause the DJ I Phantom 3 UAS do not r equire airworthiness certificates. As set f o rth more fully below, the DJ I Phantom 3 UAS meet the conditions of FMRA Section 333 for o p eration without
an airworthiness certificate

. Accordingly, Steven Elmore will use trained technicians to perform maintenance, alterations, or preventive maintenance on the UAS using the methods, techniques, and practices p rescribed in the UAS o perating d o cuments ( i.e., the Steven Elmor e Aerial Operations Manual, MonthlyM aintenance Lo g, and DJI P hantom 3 In struction Manual). Furthermore, Steven Elmore will document and maintain all maintenance records for the DJI Phantom 3 UAS

.

**D. The**  **Reasons W**  **hy Granting**  Steven Elmore **Request Would**  **B e**  **In The**  **Public Interest; That Is, How It Would Benefit The Public As A Whole.**  Granting the present Petition will further the public interest b ya llowing Steven Elmore to safely , efficiently , and economicallyp erform aerial video and photography of construction sites, real estate, events and civic landscape over certain areas of the United States. Additionally , u se o f th e DJ I Ph antom 3 UAS will decrease congestion o f the NAS, r educe p ollution, and provide signi ficant b en efits to the economy. Notably, the benefits of Steven Elmore 's p roposed o p eration o f the DJI P hantom 3 UAS will be r ealized without imp licating
any privacyissues.

**1. The Public Will Benefit From Decreased Congestion Of The NAS.** The D JIP hantom 3 UAS are battery p owered and serve as a safe, efficient, and economical alternative to the manned aircraft traditionally utilized to obtain aerial imagery

. By reducing the13

amount of manned aircraft needed to perform aerial acquisitions, an exemption allowing the use of a DJ I Phantom 3 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 the ground. Furthermore, by

reducing the number of manned aircraft operating in the NAS, congestion around airports caused by arriving and departing aircraft will be reduced. The DJ I Phantom 3 UAS do not require an airport to takeoff or land. Li kewise, a reduction of manned aircraft conducting aerial video and photograph y missions would result in fewer aircraft that must be handled by

air traffic control during the ground, takeoff, departure, arrival, and landing phases of flight operations.

**2. The Public Will Benefit From The Safety And Efficiency Of The**  **DJI Phantom 3 UAS.**  Conducting aerial acquisitions with the DJ I Phantom 3 UAS, instead of manned aircraft, will greatl y benefit the public by drastically

r educing the levels of air and noise pollution generated during traditional aerial video and still photography flight operations. By u sing battery

p ower and electric motors, the DJIP hantom 3 UAS produce no air pollution, and is the most viable environmentally

c onscious alternative to the cabin class, six cylinder int ernal combustion engine aircraft that are ty

pically utilized for aerial video and photograph y, while burning approximately 20 -30 gallons per hour of leaded aviation fuel. The DJ I Phantom 3 UAS , while reducing the carbon footprint of aerial acquisitions, al so eliminates noise pollution, as the UAS are propelled by battery powered electric motors, rather than an internal combustion engine. By u sing the DJ I Phantom 3 UAS to perform aerial acquisitions, the substantial risk to life and property in the air and on the ground, which is usually associated with traditional manned aircraft flight operations, will be substantially reduced or completel y eliminated. Aside from the lack of flight crew members located onboard the aircraft, the DJ I Phantom 3 UAS (weighing approximately

2 .8 pounds at their maximum gross weight with diagonal dimension of 23.2 inches , and with no fuel on board), has less physical potential for collateral damage to life and property on the ground, and in the air, compared to the manned aircraft that ty pically c onduct similar operations (weighing approximately 6 ,000 pounds with a wingspan of approximately 4 2 feet, a length of 34 feet, and a fuel capacity of 180 gallons). **3. Performing Aerial Video and Photography Operations With The DJI Phantom**  **3 UAS Will Benefit The Economy.** 
In a d dition to b eing safe and efficient, the DJIP hantom 3 UAS are also an economical alternative to u sing manned aircr aft to conduct similar aerial op erations. As such, o p er ation o f th e DJIP hantom 3 UAS will allo w Un ited States b ased companies to remain co mpetitive and contribute to growth of the U.S. economy . Specif ically, with the risin g cost o f aviation fuel and th e Env ironmental Protection Ag en cy (“EPA”) regulatory actions phasing o ut leade d aviation f uels, U. S. o wn ed an d o p erated companies mu st adopt new and alternative technologyi n order to remain competitive. Op erating th e b atteryp owered DJI Phantom 3 UA S is o n e such technologyt hat not onlya llows companies greater operational14

flexibil ity c ompared to manned aircraft, but provides such flexibility w ithout the high operational cost of a traditional manned aircraft. Byo perating the DJ I Phantom 3 UAS, companies such as Steven Elmore , can remain competitive and profitable, and ther efore, provide greater job stabilityt o employ ees and contractors, which will u ltimatelyc ontribute to growth of the U.S. economy. Improved financial p erformance of U.S. companies, through commercial use of the DJ I Phantom 3 UAS, provides a stable work f

o rc e that increases consumer spending; improves local, state, and federal tax revenues; and allows companies to invest in r esearch and development in order to remain competitive both in the United States and abroad.

**4. There Are No Privacy Issues.** Similar to the mann ed aerial acquisition f light o p erations that have been conducted fo r d ecades, StevenElmore 's p roposed o p eration o f the DJI Phantom 3 UAS will n o t imp licate anyp rivacy i ssu es. Sp ecifically , the DJI P hantom 3 UAS will be o p erated o n lyi n compliance with
o perating d ocuments ( i.e., Steven Elmore 's Aerial Operations Manu al, MonthlyM aintenance Lo g, and DJ I Phantom 3 In structio n Manu al) which requires property o wner invo lvement as well
as local law enforcement notification, and in accordance with the Federal Aviation Regulatio ns, in cluding the minimum altitud e requirements o f 14 C.F.R. § 91.119.

**E. T**  **he Reasons**  **W hy**  **Granting T**  **he Exemption**  **Would Not**  **Adversely Affect**  **Safety, Or**  **How T**  **he Exemption**  **Would Provide**  **A Level**  **Of Safety**  **At Least**  **Equal To**  **That Provided**  **B y**  **The Rule From Which** Steven Elmore **Seeks Exemption.**
**1. Reasons**  **Why The**  **DJI Phantom**  **3 UA**  **S Meet**  **The Conditions**  **Of The**  **FAA Modernization and Reform Act of 2012 (FMRA) Section 333.** 
In consideration of the size, weight, speed, and limited o p erating area associated with the
unmanned aircraft and its o p eration, Steven Elmore o p eration of the DJI Phantom 3 UAS meet the conditions of FMRA Section 333, and will not require an airworthiness certificate i n accordance with 14 C.F.R. Part 21, Subpart H. Section 333 provides authority f or 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 public, or otherwise pose a threat to national security . Specificall y, 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 Act, 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 section 334 of this Act.15 (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 (2) whether a certificate of 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 (1). (c) Requirements for Safe Operation.

--If the Secretary determines under this section that certain unmanned aircraft systems may operate safely in the natio nal airspace system, the Secretary shall establish requirements for the safe operation of such aircraft systems in the national airspace system.
In seeking th is ex emption, Steven Elmore sub mits that the DJI Phantom 3 UAS can o p erate safely i n th e NAS p ur su ant to FMRA Section 333, as d emonstrated by : (a) the ch aracteristics of the DJI Phantom 3 UAS ; (b) the pilo t certification r equirement; and (c) the specific oper atinglimitatio ns.
**a. The Specifications Of The DJI Phantom 3 UAS**  **Demonstrate Its Safe Characteristics.**  The DJ I Phantom 3 UAS do es 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 capability. **i. Technical Specifications Of The DJI**  **Phantom 3 UAS** 
**.** The technical specifications of the DJIP hantom 3 UAS are set forth by the DJ I Phantom 3 Use r Manual , att ached hereto as Appendix A

. **ii. The DJI Phantom 3 UAS**  **Global Positioning Modes Enable The UAS To Remain**  **Within A Defined Operational Area.**  The DJ I Phantom 3 UAS may be operated in both manual and global positioning flight modes. A complete description of the flight and navigational modes of the DJ I Phantom 3 UAS is provided at pages 11 of the DJ I Phantom 3 User Manual attached hereto as Appendix A

. **iii. The DJI Phantom 3 UAS**  **Are Designed For Automatic Return To Home Point Or Hover In The Event Of Loss Of The Control Link Or Navigation.**  When the Control Li nk is lost, the DJIP hantom 3 UAS will remain stationary , in flight, for 3
secon ds or more. If, after 3 seconds, the DJ I Phantom 3 UAS do es not reacquire control link data from the GCS, the UAS will assume that the Control Li nk is lost and the will return to the home position (i.e., failsafe mode) via GPS, and will descend to the take off position and shutdown.16

A complete description of the Failsaf e Functions of the DJ I Phantom 3 UAS are set forth at pages 12 through 14 of the DJ I Phantom 3 User Manual, attached hereto as Appendix A

. **iv. The DJI Phantom 3**  **GCS And Its Operation.**
A complete description of the operation and specifications of the DJIP hantom 3 GCS and flight control software is provided at pages 23 through 29 of the DJ I Phantom 3 User Manual. DJ I Phantom 3 User Manual is att ached hereto as Appendix A

. **b. Flight Op erations Of**  **DJI Phantom 3 UAS Is**  **Limited To The Line Of Sight Of A Certificated Pilot in Command With A Safety Observer.**  Stev en Elmore will be the only p er son to act as a p ilo t in command ( PI C) of the DJI P hantom 3 UAS . A d ditionally , a safetyo bserver will assist him at all times during flight time.

**c. Flights Of DJI Phantom 3 UAS**  **Will Be Conducted Pursuant To Specific Operating Limitations.**  In seeking this exemption, Steven Elmore proposes to commercially operate DJI Phantom 3 UAS for the special purpose of conducting aerial video and photographyover 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 f ollowing aircraft described in the operating documents, rotorcraft UAS weighing less than 55 pounds maximum gross weight: DJ I Phantom 3 Unmanned Aircraft Sy stems. Proposed operations of any o ther 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 photograph y. 3. The UA S may

not be flown at an indicated airspeed exceeding 20 knots.
4. The UA S must be operated at an altitude of no more than 40 0 feet above ground lev el (AGL), as indicated by

the procedures specified in the operating documents unless a special request is made and approved by A TC. All altitudes reported to ATC must be in feet AGL.
5. The UAS must be operated within v isual line of sight (VLOS) of the PI C at all times. This requires the PI C to be able to use human vision unaided by any d evice other than corrective lenses, as specified on the PI C’s FAA -issued airman medical certificate.
6. The use of first person view ( FPV) by the PI C or safety observer (SO) is not permitted.17 7. All operations must utilize a safety o bserver (SO). The SO may b e used to satisfy the VLOS requirement as long as the PI C alway s maintains VLOS capability . T he SO and PI C must be able to communi cate verball y at all times. Electronic messaging or texting is not permitted during flight operations. The PI C must be designated before the flight and cannot transfer his or her designation for the duration of the flight. The PI C must ensure that the SO c an perform the functions prescribed in the operating documents. 8. The SO must not perform any other duties beyond assisting the PI C 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 operating documents and the grant of exemption must be accessible during UAS operations and made available to the Administrator upon request. If a discrepancy

e xists between the conditions and limitations contained in the grant of exemption and the procedures outlined in the operating documents, the conditions and limitations 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 u pdate or revise its operating documents. Iti s the operator’s responsibility to track such revisions and present updated and revised documents to the Administrator upon request. The operator must also present updated and revised documents if it petitions for ex tension or amendment to the grant of exemption. If the operator determines that an y 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 FAA’s UAS Integration Office (AFS

- 80) may b e contacted if questions arise regarding updates or revisions to the operating documents. 10. Prior to each flight the PIC must inspect the UAS to ensure that it is in a condition for 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 flight. The Ground Control Station must be included in the preflight inspection. All maintenance and alterations must be properly documented in the aircraft records.
11. Any UAS that has undergone maintenance or alterations that affect the UAS operation or flight characteristics, e.g. replacement of a flight critical component, must undergo a functional test flight. The PI C who conducts the functional test flight must make an entry

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 relevant sections of the operating documents.
13. The operator must follow the UAS manufacturer’s aircraft/component, maintenance, overhaul, replacement, inspection , and life limit requirements.18 14. The operator must carry 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 UAS operated under this exemption must comply w ith all manufacturer Safety Bulletins.
16. The authorized person must make an entry i n the aircraft record of the corrective action taken against discrepancies discovered between inspections. 17. The PI C must possess at least a private pilot certificate and at least a current third

class medical certificate.
18. The operator may

n ot permit an y PI C to operate unless the PIC meets the operator’s qualification criteria and demonstrates the ability t o safel y operate the UAS in a manner consistent with how the UAS will be o perated under the exemption, including evasive and emergency m aneuvers 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). Fli ghts for the purposes of training the operator’s PI Cs are permitted under the terms of the exemption. However, training operations may o nl y be conducted during dedicated training sessions. During training, proficiency , and experience

- building flights, all persons not essential for flight operations are considered nonparticipants, and the PI C must operate the UA with appropriate distance from nonparticipants in accordance with 14 C.F.R. § 91.119. 19. UAS operations may

not be conducted during night, as defi ned in 14 C.F.R. § 1.1. All operations must be conducted under visual meteorological conditions (VMC). 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 fli ght rules (SVFR) are not authorized.
20. The UA may

n ot operate within 5 nautical miles of an airport reference point as denoted on a current FAA

- published 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. 21. The UA may

n ot 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 PI C. 22. If the UA loses communications or loses its GPS signal, it must return to a pre determined location within the planned operating area and lan d or be recovered in accordance with the operating documents.19 23. The PIC must abort the flight in the event of unpredicted obstacles or emergencies in accordance with the operating documents.
24. The PI C is prohibited from beginning a flight unless (con sidering wind and forecast weather conditions) there is enough power to fly at normal cruising speed to the intended landing point and land the UA with 25% battery power remaining.
25. The operator must obtain an Air Traffic Organization (ATO) issued Cert ificate 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 level and potential transponder requirements. 26. All aircraft operated in accordance with the exemption must be identified by serial number, 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 s pectrum used for operation
an d co ntrol o f the UA S must complyw ith the Fed eral C o mmun ications Commission (FCC) or other appropriate government ov ersight agencyr equirements.
28. The documents required fewer than 14 C.F.R. 91.9 and 91.203 must be available to the PI C at the Ground Control Station of the UAS an y time the UAS is operating. These documents must be made available to the Administrator or any l aw enforcement official upon request. 29. The UA S must remain clear an d yi eld th e right o f wayt o all manned aviatio n operations and activities at all times. 30. The UAS may

not be operated b y the PIC from any moving device or vehicle.
31. Flight operations must be conducted at least 500 feet from all nonparticipating persons (persons other than the PI C, SO, operator trainees or essential persons), vessels, vehicles, and structures unless:

a. Barriers or structures are present that sufficiently p rotect nonparticipating p ersons f ro m th e UA S and/or d eb ris in th e event o f an accident. The op erator
mu st ensure that n o nparticipating p ersons remain un der such p r o tection. If a situation arises where n onparticipating p ersons leave such protection and are with in 500 feet of the UA S , flight operations must cease immediatelyand/or; b. The aircraft is operated near vessels, vehicles or structures where the owner/controller of such vessels, vehicles or structures has granted permission and the PI C has made a safety a ssessment of the risk of o perating closer to those objects and determined that it does not present an undue hazard, and;20 c. Operations nearer to the PI C, 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 property w ith 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. Any i ncident, 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 FAA's UAS Integration Office (AFS

- 80) within 24 hours. Accidents must be reported to the National Transportation Safety B oard (NTSB) per instructions contained on the NTSB Web site: www.ntsb.gov.

**2. Reasons**  **Why An**  **Exemption From**  **The Requirements**  **Of Section**  **61.113(a) And**  **(b) Would Not Adversely Affect Safety.**  Steven Elmore submits that the equivalent level of safety established b yS ection 6 1

. 1 1 3 ( a) and (b ) will be maintained because no PIC will be allowed to operate the DJI Phantom 3 UAS unless that PI C has d emonstrated, b ym eeting minimum flight -h o ur and currency requirements, that the PIC is able to safely o perate the DJI Phantom 3 UAS in a manner consistent with the exemption, including evasive and emergency m aneuvers and maintaining appropriate distances from people, vessels, vehicles and structures.
C onsidering Steven Elmore 's p roposed area of o p erations, and the o p erating limitatio n s set fo rth

above; the p arallel n ature of p rivate p ilo t aeronautical kn owledge requirements to those o f commercial p ilot r equirements (S ee Exemption No

. 1 1062); and the airmansh ip skills necessary t o safely operate the DJ I Phantom 3 UAS, Steven Elmore submits that the additional manned airmanship experience o f a commercially certificated pilo t would not correlate to the airmanship skills necessaryf

or Steven Elmore 's specific proposed flight operations.

The FAA has previously granted relief from Section 61.113(a) and (b) specific to UAS, in circumstances similar, in all material respects, to those presented herein (e.g. Exemption Nos. 11062, 11063, 11064, 11065, 1 1066, 11067, 11080, 11109, 11110, 11112, 11136, 11138, 11150, 11153, 11156, 11158, 11159, 11160, 11161). Steven Elmore will not allow any PI C to o p erate the DJI Phantom 3 UAS unless that PI C has d emonstrated, b ym eeting minimum f light -h o ur r equire ments or the DJI Phantom 3 UAS training and currencyrequirements, that the PI C is able to safelyoperate the DJ I Phantom 3 UAS in a manner consistent with this ex emption, including evasive and emergencym aneuvers and maintaining appropriate distances from p eople, vessels, vehicles and structures. Specificall y, the PIC must have accumulated and logged, in a manner consistent with 14 C.F.R. § 61.51(b), 25 hours of total time as a UAS rotorcraft pilot (with a minimum of 5 hours of those21

hours as a UAS pilot operating the same make and model of UAS to be used for operations under the exemption). Ina ddition to the hour requirements, the PI C must accomplish 3 takeoffs and landings in the preceding 90 day s (for currency purposes).
As in Exemption Nos. 1 1 0 62, 11138, and 11153, p rio r d o cumented flight experience that was o btained in compliance with applicable regulations will ensure an equivalent level of safety d uring Stev enElmore 's p roposed o p erations. Th e Administrator has h eld that p rior do cumented f l ig ht experience that was o b tained in compliance with applicable regulations would ensure safe operations, stating as follows:
In Exemption No. 11062, the FAA required that prior to conducting operations for the purpose of motion picture filming (or similar operations), the PI C must have accumulated and logged, in a manner consistent with 14 CFR 61.51(b), 25 hours of total time as a UAS rotorcraft pilot including at least 10 hours logged as a UAS pilot with a multi

- rotor UAS. Prior to operations under Exemption No. 11062, the PI C must also have accumulated and logged a minimum of 5 hours as a UAS pilot operating the same make and m odel of UAS to be used for operations under the exemption. For clarification, the FAA considers these minimum hour requirements to be inclusive rather than additive; i.e. 5 hours make and model time may be included in the 10 hours of multi

- rotor time and the 10 hours may

b e included in the total 25 hours of UAS rotorcraft time. In addition to the hour requirements, the PI C must accomplish 3 takeoffs and landings in the preceding 90 day s (for currency

p urposes). The FAA finds that at a minimum, the flight -ho ur requirements in Exemption No. 11062 are appropriate to practice and build proficiency in the skills necessary

t o safely c onduct 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 flight time. During training, proficiency , and experience -b uilding flights the PI C is required to operate the UA with appropriate distances in accordance with 14 C.F.R 91.119.

Exemption No. 11138 at page 15. Accordingly, Steven Elmore will ensure safe operations by not allowing any PI C to o p erate the DJ I Phantom 3 UAS unless that PI C has d emonstrated, b ym eeting minimum flight -h o ur and currency r equirements, that the PIC is able to safely o perate the DJI Phantom 3 UAS in a manner consistent with the exemption, including evasive and emergencym aneuvers and maintaining appropriate distances from people, vessels, vehicles and structures.

**3. Reasons**  **Why An**  **Exemption From**  **The Requirements**  **Of Section**  **91.7(a) Would**  **Not Adversely Affect Safety.** 22

The equivalent level o f safety established bySe ction 91.7(a) will be maintained b ecause prior to everyf light, Steven Elmore will ensure that the DJI Phantom 3 UAS is in an airworthy condition b ased upon the UAS’s compliance with its o p erating documents and as stated in the conditions and limitations herein. Additionally , the FAA has previousl y granted relief from Section 91.7(a) specific to UAS, in circumstances similar, in all material respects, to those presented herei n (e.g. Exemption Nos. 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110, 11112, 11136, 11138, 11150, 11153, 11156, 11157, 11158, 11159, 11160, 11161).

**4. Reasons**  **Why An**  **Exemption From**  **The Requirements**  **Of Section**  **91.121 Would**  **Not Adversely Af** 

**fect Safety.** The equivalent lev el of safety established by S ection 91.121 will be maintained because the altitude information of th e DJ I Phantom 3 UAS will be provided to the PIC via GPS equipment and a radio co mmunications telemetryd ata link, wh ich do wnl ink s f r om the UA to the GCS fo r active mo nitoring o f the flight p ath an d altitude. Th is altitude inf ormation, combined with Steven Elmo r e o peration o f the DJ I Ph antom 3 UAS within visual line of sight, at o r b elo w 500 feet AGL, will ensure a leve l o f safetye quivalent to Section 91.121. The altitude information will be g enerated b yG PS equipment installed o nb o ard the aircraft. Prior to each flight, a zero altitude in itiation point is automaticallyestablish ed b y the UAS at ground level. The FAA h as previously granted relief from Section 91.121 specific to UAS, in circumstances similar, in all material respects, to those presented herein (e.g. Exemption Nos. 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11112, 11136, 11138, 11150, 11153, 11156, 11157, 11158, 11159, 11160, 11161).

**5. Reasons**  **Why An**  **Exemption From**  **The Requirements**  **Of Section**  **91.151(b) Would**  **Not Adversely Affect Safety.** 
A gr ant of this exemption would ensure an equivalent level of safety established by 14 C.F.R. Section 91.1 51(b) as a result of (1) the technical specifications of the DJI Phantom 3 UAS ; (2 ) the limitation s on the p ro p o sed f light operations; and (3 ) the location of the p ro posed flight
o p erations. According ly , Steven Elmore will ensure that it will safe lyoperate the battery p owered DJ I Phantom 3 UAS d uring d ay lig ht h o ur s in VFR conditions, with enough battery power to flyfor a total duration of 23 minutes. Here, as in Exemption No. 11109, the technical specifications of the DJI Phantom 3 UAS ; the limi tations on the proposed flight operations; and the location of the proposed operations, will
ensure an equivalent level of safety established by 1 4 C.F.R. Section 91.151(b). Furthermore, safety will be ensured as the DJIPhantom 3 UAS provide audible and v isual warnings to the PI C at the GCS when the UAS experiences low battery v oltage, the first warning occurring at approximately

3 3% remaining battery

p ower, and again at approximately 10% remaining battery23

power. At the critically low battery l evel, the DJ I Phantom 3 UAS will descend and land automatically

. Significantl y, previous exemptions granted by the FAA concerning Section 91.151 establish that safety is not adversel y affected when the technical characteristics and operating limitations of the UAS are considered. Relief has been granted for manned aircraft to operate at less than the minimums prescribed in Section 91.151, including Exemption Nos. 2689, 5745, and 10650. Moreover, the FAA has previously granted relief from Section 91.151 specific to UAS, in circumstances similar, in all material respects, to those presented herein (e.g. Exemption Nos. 8811, 10808, 10673, 11042, 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110, 11136, 11138, 11150, 11153, 11156, 11157, 11158, 11159, 11160, 11161).

**6. Reasons**  **Why An**  **Exemption From**  **The Requireme**  **nts Of**  **Sections 91.405(a),**  **91.407(a)(1), 91.409(a)(1)**  **& (a)(2),**  **And 91.417(a)**  **& (b)**  **Would Not**  **Adversely Affect Safety.** 
In seeking th is exemption, Steven Elmore sub mits th at the equivalent level of safety with regard to th e regulatorym aintenan ce and alteration requirements established by Sections 91.405(a), 9 1.407(a)(1), 91.409(a)(1) & ( a)(2), and 91.417(a) & (b) will be met because Steven Elmore will
u se train ed technicians to perform maintenance, alterations, o r p reventive maintenance on the UAS u sin g th e methods, techniques, an d p ractices p rescribed in the o p erating d o cuments ( i.e. , Steven Elmore Aerial Operations Manual, Mo nth lyM aintenance Log , and DJI Phantom 3 I n str uction Manual). Furthermore, Steven Elmore will do cume nt and maintain all maintenance
r ecords for the DJIP hantom 3 UAS.

Sin ce th e DJ I Phantom 3 UAS will b e inspected as p r escribed byt he o p erating d o cuments, Stev en Elmore will maintain th e equivalent level of safety established byS ections 91 .405(a) , 9 1

. 4 0 9 ( a)(1), and 91.409(a)(2). A copyo f the DJI Ph anto m 3 User Manu als are attached her eto
as Ap p endix A and B ; a cop y o f th e DJ I Phantom 3 UAS Maintenan ce LOG is attached hereto as Ap p en dixC. Likewise, th e ex emption sought will not adverselya ffect safety b ecau se Steven Elmore will u se trained technicians to p erform maintenance, alterations o r preventive maintenance on the UAS
u sing the methods, techniques, and practices prescrib ed b yt he operating documents.

Furthermore, the exemption sought would maintain an equivalent level of safety established by Sections 91.407, 91.417(a) and 91.417(b), because all maintenance of the DJIP hantom 3 UAS will be performed by

trained technicians. Maintenance will be documente d and maintained utilizing the monthly

maintenance log. Significantl y, previous exemptions granted by the FAA concerning Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b) establish that safety is not adversel y affected when the technical characteristics and operating limitations of the UAS are considered.24

I nco n sid eration of Steven Elmore 's proposed operating limitations, the operating do cuments, and th e technical aspects o f the DJ I Phantom 3 UAS , Steven Elmore sub mits that safetywill not b e adverselya ffectedb yg ranting exemption from 1 4 C.F. R

. Sections 91 .4 05 (a), 9 1

. 4 0 7 (a) ( 1 ) and (a)(2), 9 1.409(a)(2), and 9 1

. 4 1 7 (a) and (b). The FAA has p r eviously gr anted r elief specific to UAS in circumstances similar, in all material respects, to those pr esented herein (e.g. Exemp tion Nos. 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110, 11112, 11136, 11138, 11150, 11153, 11156, 11157, 11158, 11159, 1 1160, 11161). **7. The FAA May Prescribe Any Other Conditions Fo r Safe Operation.** 
In accordance with Section 333 of the FAA Modernization and Reform Act of 2012 (FMRA) and 14 C.F.R. § 21.16 entitled Special Conditions, Steven Elmore requests that the FAA prescribe special conditions for the intended operation of the DJI Phantom 3 UAS , which contain such safetys tandards that the Administrator finds n ecessary to establish a level of safety equivalent to that established b y1 4 C.F.R. Part 21, Subpart H, and 14 C.F.R §§ 6 1

. 1 1 3 ( a) & (b ), 91.7 (a), 9 1

. 121, 9 1 .151(b), 91.405(a), 91.407(a)(1), 9 1

. 4 0 9(a)(1) & (a)(2), and 91.417(a) & (b). Such special conditions will permit safe o p eration o f the UAS for the limited purpose of conducting aerial video and p h otography over certain areas of th e United States fo r compensation or hire. FMRA Section 333 sets forth the requirements f o r considering whether a UAS will create a h azard to user s of the NAS or the pub lic, or o therwise pose a threat to national security ; a nd further, provides the authori tyf or such UAS to operate without airworthiness certification in accordance with any r equirements that must be established for the safe o p eration of the UAS in the NAS. Likewise, the Administrator may p rescribe special conditions pursuant to 14 C.F.R. § 21.16, for operation of the DJ I Phantom 3 UAS , since the airworthiness regulations of 14 C.F.R. Part 21 do not contain adequate or appropriate safety standards, due to the novel or unusual design features of the aircraft. Section 21.16, entitled Special Co nditions , states the following: If the FAA finds that the airworthiness regulations of this subchapter do not contain adequate or appropriate safety standards for an aircraft, aircraft engine, or propeller because of a novel or unusual design feature of the aircraft, aircraft engine or propeller, he prescribes special conditions and amendments thereto for the product. The special conditions are issued in accordance with Part 11 of this chapter and contain such safety standards for the aircraft, aircraft en gine or propeller as the FAA finds necessary t o establish a level of safety equivalent to that established in the regulations. See 14 C.F.R. § 21.16. Therefore, in accordance with FMRA Section 333 and 14 C.F.R. § 21.16, the FAA may prescribe special condi tions for Leading Edge’s intended operation of the DJIP hantom 3 UAS , which contain such safety s tandards that the Administrator finds necessary to establish a level of safety equivalent to that established by 1 4 C.F.R. Part 21, Subpart H, and 14 C.F.R Sec tions25

61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b).

**• A**  **Summary That**  **Can Be**  **Published In**  **The Federal**  **Register, stating:**  **The Rules From Which**  Steven Elmore **Seeks Exemption:**

S teven Elmore seeks exemption fro m the requirements of 14 C.F.R Sections 6 1.113(a)&(b), 91.7(a), 91.121, 91.151(b), 9 1

. 405(a), 91.407(a)(1), 91.409(a)(1) & (a) ( 2 ), and 91.417(a) & (b).
**A Brief**  **Description Of**  **T he**  **Nature Of**  **The Exemption**  Steven Elmore **Seeks:**

This exemption will permit S teven Elmore to commercially o perate a n Unmanned Aircraft System (UAS) for the p u rpo se of conducting a erial video and photography over certain areas of the United States.

**• Any**  **Additional Information,**  **Vi ews,**  **Or Arguments**  **Available To**  **Support** Steven Elmore **Request.**

This Petition is made pursuant to the FAA Modernization and Reform Act of 2012 ( FMRA) Section 333, which dir ects th e Secretaryo f Tran spo rtation to determin e if certain UAS mayo perate safelyi n the NAS. As such, Stev enElmore 's r equest fo r exemptio n mayb e granted p ursuant to the authorityo f FMRA Section 333 an d 1 4 C.F.R. Part 11, a s set f orth abo ve.

FMRA Section 333 sets forth the requirements for considering whether a UAS will create a hazard to users of the NAS or the public, or otherwise pose a threat to national security; and further, provides the authority for such UA S to operate without airworthiness certification.
As discussed in d etail abo v e, Steven Elmore will o p erate the DJIP hantom 3 UAS safely in the NAS, without creating a hazard to u sers of the NAS, or the public, or otherwise pose a threat to national security. **CONCLUSION** As set forth herein, Steven Elmore seeks an exemption pursuant to 14 C.F.R. § 11.61 and Section 333 of the FAA Mod ernization and Reform Act of 2 0 1 2 (FMRA), which will permit safe
o peration o f the DJIP hantom 3 UAS commercial ly , without an airworthiness certificate, fo r the limited purpose of conducting aerial v ideo and photographyo ver certain areas of the United States. B yg ranting this Petition, the FAA Administrator will be fulfilling the Congressional mandate of the FAA Mo d ern ization and Reform Act of 2012, while also advancing the interests of the public, bya llowing Steven Elmore to safely, efficiently, and economically operate the DJ I Phantom 3 UAS commercially within the NAS.26

**W HEREFORE**  , in accordance with the Fed eral Aviation Regulations and the FAA Modernization and Reform Act of 2012, Section 333, Steven Elmore respectfully requests that the Administrator grant this Petition for an exemption from the requirements of 14 C.F.R Sections 61.113(a) & (b ), 91.7(a), 91.121, 9 1 .151(b), 91.405(a), 9 1

. 4 0 7 ( a)(1), 9 1

. 4 0 9(a)(1) & (a) ( 2 ), and 91.417(a) & (b), and permit Leading Edge to operate the DJI Phantom 3 UAS commercially f

o r the purpose o f conducting aerial v ideo and photography o v er certain areas of the Unit ed States. Dated: November 10, 2015 Respectfully submitted,

Steven Edward Elmore 1 12 Louie lane Jacksonville, NC 285 4 0 9 10-376-9235 steve.e.elmore@gmail.co m

Appendices :

A

– Li nk to DJ I Phantom 3 Manual: Click on link below http://download.dji

innovations.com/downloads/phantom_3/en/Phantom_3_Professional_User_Manual_v 1.2_en.pdf27