JMRketing, LLC 246 Chantrey Road
Timonium, MD 21093

410

- 567

- 5332

February 29, 2016

U.S. Department of Transportation, Docket Operations West Building Ground Floor, Room W12

- 140 1200 New Jersey Avenue, SE Washington, D.C. 20590

Re: Section 333 Exemption Request

Dear Sir or Madam:

Pursuant to Section 3 3 3 of the FAA Modernization and Reform Act of 2012 (the "Reform Act"), JMRketing, LLC ("Petitioner") hereby applies for an exemption from the Federal Aviation Regulations ("FARs") described in S ection VII below and any other exemptions necessary to allow Petitioner to operate the small Unmanned Aircraft System ("UAS") described in Section IV to take aerial images of privately held residential and commercial properties for marketing

purposes , as m ore fully described below.

I. Background on Petitioner

JMRketing, LLC has a date of incorporation of September 10, 2012 and provides marketing and communications services and consulting to businesses in a variety of

industries and markets within the United States

. As a component of these services, JMRKeting, LLC provides high

- quality digital content for use in clients’ commercial, personal and non

- profit projects across a variety of digital and traditional media.

II. Contact Information

The contact informatio n for Petitioner is as follows:

James Rafferty Principal JMRketing, LLC 246 Chantrey Road
Timonium, MD 21093 jim@jmrketing.com

III. Request for Exemption to Use UAS

Petitioner proposes to use the UAS to take aerial images (still and video) of buildingsand properties for marketing purposes and, for clients in the construction industry, for purposes of inspection of difficult

- to

- reach areas. Petitio ner proposes to operate one UAS, a DJI Phantom 3. Aerial data collecti on will be conducted under the conditions set forth herein and the Section 333 exemption grant. In that regard, the airspace will be (i) limi ted, (ii) predetermined, and (iii) controlled as to access. Petitioner will limit operations to property whose owne rs have been notified in advance and have provided consent. Operations will always occur within the line of sight of the UAS operator. Petitioner will take steps to protect the privacy of the property owners and nearby individuals. Petitioner notes that th e FAA has previously granted exemptions for similar activities for the DJI Phantom 3.

IV. Unmanned Aircraft System

DJI Phantom 3

Petitioner seeks an exemption to operate DJI systems for compensation or hire

within the NAS. The DJI Phantom 3 is a vertical takeoff and landing (VTOL) Unmanned Aircraft (UA) with a Ground Control Station (GCS) utilizing electronic tablet or smart phone systems. The DJI Phantom 3 has a maximum gross weight of approximately 1280 gram s , while having a length of 16 inches width of 16 inches, height of 8 inches, and a maximum speed of approximately 29 knots. The DJI

Phantom 3 UA is equipped with four main rotors; driven by Lithium Polymer battery powered electric motors.

The DJI Phantom 3 UA that will be operated by JMRket ing, LLC is registered in accordance with 49 U.S.C. 44103, Registration of Aircraft , as well as 14 C.F .R Part 4
7, Aircraft Registration , and marked in accordance with 14 C.P.R. Part 45, Identification and Registration Marking

. (# FA3NWWLELE)

V. Basis for Pe tition

Petitioner, JMRKeting, LLC, pursuant to the provisions of the Federal Aviation Regulations (14 C.P.R.§ 11.61) and the FAA Modernization and Reform Act of2012 (FMRA)

, Section 333, Special Rules for Certain Unmanned Aircraft Systems , hereby petition s the Administrator to commercially operate the DJI Phantom 3 UAS in the National Airspace System (NAS), and for an exemption from the requirements of 14 C.F.R §§ 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)

In consideration o f the speed, weight, size, and limited operating area associated

with the unmanned aircraft and its operation, Petitioner will meet the conditions of FMRA Section 333 and its operation, therefore, will not require an airworthiness

certificate in accordance with 14 C.P.R. Part 21, Subpart H.Accordingly, Petitioner requests relief from Sections 91.405(a), 91.407(a)(l),

91.40 9(a)(1) & (a)(2), and 91.417(a) & (b), as these sections set forth requirements

for maintenance that apply only to aircraft with an airworthiness certificate.

Petitioner submits that the requested relief is proper since an equivalent level of safety will be ensured. Petitioner will use his experience to perform maintenance, alterations, or pr eventive maintenance on the UAS using the methods, techniques and practices prescribed in the operating documents (i.e., Monthly M aintenance Log
and DJI Phantom 3 Inst ruction Manual)

. Furthermore, Petitioner will document and

maintain all maintenance records for the DJI Phantom 3 UAS

.

Relief from certain requirements of Section 61.113( a) and (b), entitled Private pilot privi leges and limitations : Pilot in command , is requested by Petitioner , to the extent necessary to allow a Pilot in Command (PIC) by meeting minimum flight

- hour and currency requirements, that the PIC is able to safely operate the DJI Phantom 3 UAS in a manner consistent with this exemption, including evasive and emergency maneuvers and maintaining appropriate distances from people, vessels, vehicles and

structures.

Petitioner seeks relief from Section 91.7(a), entitled Civil aircraft airworthiness

, because the DJI Phantom 3 U AS do es not require an airworthiness certificate in

accordance with 14 C.F .R. Part 21, Subpart H. As such, Petitioner will ensure that the

UAS is in an airworthy condition, prior to every flight, by determining that the UAS is

in com pliance with the operating documents (i.e., Monthly Maintenance Log, DJI
Phantom 3 Instruction Manual), and that the aircraft is in a condition for safe flight.

Petitioner also seeks an exemption from the requirements of Section 91.121, entitled

Alt imeter Settings

, as the DJI Phantom 3 UA will not have a typical barometric altimeter onboard. However, altitude information of the DJI Phantom 3 UA will be provided to the PIC via Global Positioning System (GPS) equipment and radio

communications telemetr y data link , which downlinks from the UA to the GCS for active monitoring of the flight path. This altitude information, combined with the PIC’s operation of the DJI Phantom 3 UAS within visual line of sight, at or below 400 feet AGL, will ensure a level o f safety equivalent to Section 91.121.

Additionally, Petitioner seeks an exemption from the requirements of Section 91.151(b), entitled Fuel requirements for flight in VFR conditions

. Petitioner submits that safety will not be affected by operation of the DJI Phantom 3 UA during daylight hours in visual meteorological conditions (VMC) under visual flight rules (VFR), with enough battery power to fly for a total duration of approximately 15 minutes to the first point of intended landing and, assu ming normal cruising speed, to fly after that for at least 4.5 minutes. In accordance with 14 C.P.R.§ 11.81, Petitioner provide s the following information in support of its petition for exemption:A. Name and Address of the Petitioner

James Rafferty , Principal

JMRketi ng, LLC 246 Chantrey Road
Timonium, MD 21093

410

- 567

- 5332 jim@jmrketing.com



### VI. The Specific Sections of 14 C.F.R. from Which Petitioner Seeks Exemption :



### 14 C.F.R. § 61.23(a) 14 C.F.R. § 61.23(c)

14 C.F.R. § 

### 61.101(e )(4)

14 C.F.R. § 

### 61.101(e)(5)

14 C.F.R. § 

### 61.113(a)

14 C.F.R. § 

### 61.315(a)

14 C.F.R. § 

### 91.7(a)

14 C.F.R. § 

### 91.119(c)

14 C.F.R. § 

### 91.121 14 C.F.R. § 91.151(a)(1)

14 C.F.R. § 

### 91.405(a) 14 C.F.R. § 91.407(a)(1) 14 C.F.R. § 91.409(a)(1) 14 C.F.R. § 91.409(a)(2) 14 C.F.R. § 91.417(a) 14 C.F.R. § 91.417(b)

VII. Statutory Authority for Requested Exemptions

This petition for exemption is submitted in accordance with Section 333 of the Reform Act. Pursuant to Section 333 of the Reform Act, the Federal Aviation

Administr ation (FAA) Administrator (the "Administrator") is to permit operation of an unmanned aircraft system where it does not create a hazard to users of the national airspace system (NAS) or the public or pose a threat to national security. Moreover,

the Federa l Aviation Act grants the Administrator general authority to grant exemptions from the agency's safety regulations and minimum standards when the Administrator decides such a requested exemption is in the public interest. See 49 U.S.C. § § 1 06( f), 44 701

- 44 716, et seq. A party requesting an exemption must explain the reasons why the exemption: (i) would benefit the public as a whole, and (ii) would not adversely affect safety or how it would provide a level of safety at least equal to the existing rul es. 14 C.F .R. § 11. 81.

VIII. Justifications for Each Exemption Request

1. 14 C.F.R. § 61.23(a), 14 C.F.R. § 61.23(c), 14 C.F.R. § 61.101(e)(4),14 C.F.R. § 61.101(e)(5), 14 C.F.R. § 61.113(a) and 14 C.F.R. § 61.315(a).

Petitioner notes that FAA requires t he Pilot in Command (PIC) to hold either an airline transport, commercial, private, recreational or sport certificate pilot license

and either a current FAA airman medical certificate or a valid U.S. driver's license issued by a state, the District of Colu mbia, Puerto Rico, a territory, a possession, or the Federal government. Petitioner will ensure that its PICs will satisfy each of these requirements. Since Petitioners' PICs will be operating UAS under the same conditions as those previously granted, an e quivalent level of safety will be met by granting these exemptions.

2. 14 C.F.R. § 91.7(a) Civil aircraft worthiness

.

Section 91.7 (a) requires that an operator determine an aircraft is in airworthy condition before a flight. Petitioner requests relief from this section provided that the operator of the UAS determines prior to each flight that the aircraft is in compliance with the applicable Operational Documents. Such pre

- flight inspection will provide the equivalent level of safety as that provided b y this section. Petitioner notes that the Administrator has granted relief from this section in previous exemptions.

3. 14 C.F .R. § 91.119(c) Minimum safe altitudes over congested and other areas

.

Section 91.119(c) establishes safe altitudes for operat ion of civil aircraft over areas other than congested areas. The Petitioner requests relief from this section with respect to those participating persons, vehicles, and structures directly involved with operations. The UAS will never operate at higher than 400 AGL. Relief from this section is warranted as operations will be conducted with adequate safety provisions as outlined herein and in the applicable Operational Documents. As a result, an equivalent level of safety will be met by granting this exemptio n. Petitioner notes that the Administrator has granted relief from this section in previous exemptions.

4. 14 C.F.R. § 91.121 Altimeter Settings

.

This regulation requires each person operating an aircraft to maintain cruising altitude by referenc e to a n altimeter that is set " ... to the elevation of the departure airport or an appropriate altimeter setting available before departure." An exemption

from this section is needed because the DJI Phantom 3 UAS does not have a barometric altimeter, but instead has a GPS altitude read out. An equivalent level of safety will be achieved by the operator, pursuant to the applicable Operational Documents, confirming the altitude of the launch site shown on the GPS altitude indicator before flight. As a result, an equ ivalent level of safety will be met by granting this exemption. Petitioner notes that the Administrator has granted relief from this section in previous exemptions.5. 14 C.F.R. § 91.151(a)(1) Fuel requirements for flight in VFR conditions

.

Section 91.1 51 (a)(1) prohibits an individual from beginning "a flight in an airplane under VFR conditions unless (considering wind and forecast weather conditions) there is enough fuel to fly to the first point of intended landing, and, assuming normal cruising speed

- (1) During the day, to fly after that for at least 30 minutes."

Complying with the 30 minute reserve would severely limit the length of the Petitioner's UAS flights and hamper operational use. Given the limitations on the UAS's proposed flight area a l onger time frame for flight in daylight conditions is reasonable. Operating the UAS in a tightly controlled area does not raise the type of risks that this section was intended to address, particularly given the size and speed
of the UAS. Petitioner believ es that an equivalent level of safety can be achieved by limiting flights to 3 0 minutes or 20% of battery power, whichever happens first. Petitioner notes that the Administrator has granted relief from this section in previous exemptions.

6. 14 C.F.R. § 91.405(a) Maintenance r equired; 14 C.F.R. § 91.407(a)(1 ) Operation after maintenance, preventive maintenance, rebuilding or alte ration; 14 C.F.R. §§ 91.409(a)(1 ) and (2) Inspections; 14 C.F.R. §§ 91.417(a) and (b) Maintenance

records.

Maintenance will be accomplished by the operator pursuant to the applicable Operational Documents. An equivalent level of safety will be achieved because the UAS are very limited in size and will carry a small payload and operate only in restricted areas for limited periods of time. If mechanical issues arise, the UAS will be operating from no higher than 400 feet AGL and can immediately land. As provided in the applicable Operational Documents, the operator will ensure that the UAS is in working order prior to initiating fli ght, perform required maintenance, and keep a log of any maintenance performed. Moreover, the operator is the person most familiar with the aircraft and best suited to maintain the aircraft in an airworthy condition to provide the equivalent level of safet y. As a result, an equivalent level of safety will be met by granting this exemption. Petitioner notes that the Administrator has granted relief from this section in previous exemptions.

7. Additional Relief

.

In addition to the exemptions listed above, the Petitioner requests exemption from such other rules and regulations as the FAA deems appropriate to enable the operations described herein. Since previous exemptions granted under Section 333 of the Reform Act have been effective for two years, the Pe titioner also requests that if the FAA issues interim or final rules applicable to the operation of any UAS included herein after the Petitioner receives a Grant of Exemption that any conditions and limitations required in such Grant that are more burdenso me than the new regulation be appropriately modified or removed.8. Expedited Process

.

Given that this exemption is similar to those that have already been granted, Petitioner requests that, if possible, this request for exemption be considered on an

ex pedited basis.

IX. Operating Parameters for UAS Use

Petitioner proposes that if the requested exemptions are granted, it will operate the UAS under the following conditions:

1. UAS operations will be conducted by a Pilot in Command (PIC). The PIC shall hol d an airline transport, commercial, private, recreational, or sport pilot certificate. The

PIC will also hold a current FAA airman medical certificate or a valid U.S. driver's license issued by a state, the District of Colombia, Puerto Rico, a territory, a possession, or the Federal government. The UAS will be in visual line of site (VLOS)

of the PIC at all times.

2. All UAS operations will utilize a visual observer ("VO"). The VO will not perform any other duties beyond assisting the PIC with seeing and avoiding air traffic and other ground

- based obstacles/obstructions.

3. The PIC and VO will be able to communicate verbally at all times.

4 . UAS will not be flown at ground speeds exceeding 100 mph.

5 . Flights will be operated at an altitude of no mor e than 400 feet above ground level.

6 . Each UAS operation will be completed within 30 minutes flight time or with 20% battery power remaining, whichever occurs first.

7 . UAS will not be operated over any person (other than participating personnel) at a n altitude that is hazardous to persons or property on the surface in the event of a UAS failure or emergency. UAS will be operated at a distance from participating buildings of at least 10 feet. Operations will be conducted at least 500 feet from nonparti cipating persons or buildings, unless barriers are in place to provide adequate protection.

8 . The UAS will abort the flight in the event of unpredicted obstacles or emergencies in accordance with the applicable Operational Document.

9 . The UAS will re main clear of, and yield the right of way to

, all other manned operations and activities at all times.10 . UAS operations will be conducted only in daylight hours

.

11 . The UAS will not be operated by the PIC from any moving device or vehicle.

12 . The UAS will 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.

13 . The applicable Operational Documents and all documents required under 14 C.F.R. § 91.9 and 91.203 will be available to the PIC at the Ground Control Station ofthe UAS any time the aircraft is operating. These documents will be made available to the Administrator upon request.

14 . Any incident, accident, or flight operation that transgresses the lateral or vertical boundaries of the operational area as defined by the applicable COA will be reported to the FAA's UAS Integration Office (AFS

- 80) within 24 hours. Accidents will be reported to the National Transportation Safety Board (NTSB).

15

. The operator will follow the procedures as outlined in its applicable Operational

Documents.

16 . Prior to each flight, pilot will inspect the UAS to ensure it is in condition for safe flight. If the inspection reveals a discrepancy, the aircraft will be prohibited from operating until the necessary maintenance has been performed and the U AS is found to be in a condition for safe flight.

17 . All operations will be conducted over private or controlled

- access property with permission from the land

- owner/ controller or authorized representative. Permission
from the land

- owner/controller or authorized representative will be obtained for each flight to be conducted.

18 . All maintenance and alterations will be properly documented in the aircraft

records.

1 9 . Any UAS that undergoes maintenance or alterations that affect the UAS operation or flight characteristics will undergo a functional flight test in accordance with the applicable Operational Documents.

20 . Petitioner will institute a rigorous maintenan ce program to ensure airworthiness of the UAS. Operator will follow the manufacturer's UAS aircraft/component, maintenance, overhaul, replacement, inspection, and life limit requirements.

21 . Each UAS will comply with all manufacturer Safety Bulletins.

X. Summary to Be Published in Federal RegisterPetitioner: JMRketing, LLC

Sections of 14 C.F.R. Affected: § 61.23(a), § 61.23(c), § 61.101(e)(4), § 61.101(e)(5), § 61.113(a), § 61.315(a) § 91.7(a); § 91.119(c); § 91.121; § 91.151(a)(l); § 91.405(a); § 91.40 7(a)(1); §§ 91.409(a)(l) and (2); §§ 91.417(a) and (b).

Description of Relief Sought: Petitioner seeks relief from the requirements of 14 C.F.R. § 61.23(a); 14 C.F.R. § 61.23(c); 14 C.F.R. § 61.101(e)(4); 14 C.F.R. § 61.101(e)(5); 14 C.F.R. § 61.113(a); 14 C.F.R. § 61.315(a); § 91.7(a);14 C.F.R. § 91.119(c); 14 C.F.R. § 91.121; 14 C.F.R. § 91.151(a)(l); 14 C.F.R. § 91.405(a); 14 C.F.R. § 91.407(a)(l); 14 C.F.R. §§ 91.409(a)(1) and (2); 14 C.F.R. §§ 91.417(a) and (b) to capture aerial images of residential and commercial sites for the purpose of providing high

- quality digital content for use in commercial, personal and non

- profit projects across a variety of digital and traditional media

.

XI. Reasons the Exemption Would Be in the Public Interest

Granting the present Petition will further the public interest by allowing Petitioner to safely, eff iciently, and economically perform aerial video and photography for

commercial use over certain areas of the United States and its territories. Additionally, use of the DJI Phantom 3 UAS will decrease congestion of the NAS, reduce pollution, and provide be nefits to the economy.

1. The Public Will Benefit From Decreased Congestion Of The NAS.

The DJI Phantom 3 UA is battery powered and serves as a safe, efficient, and economical alternative to the manned aircraft traditionally utilized to obtain aerial

i magery. By reducing the number of manned aircraft needed to perform aerial acquisitions, an exemption allowing the use of a DJI Phantom 3 UAS would reduce the amount of manned aircraft in the NAS, reduce noise and air pollution, as well as

increase the saf ety 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 DJI Phantom 3 UA does not requir e an airport to takeoff or land. Likewise, a reduction of manned aircraft conducting aerial video and photography missions would result in fewer aircraft that must be handled by air traffic control during the ground, takeoff, departure, arrival, and landin g 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 DJI Phantom 3 UAS, instead of manned aircraft, will greatly benefit the public by drastically redu cing 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 UASproduces no air pollution, and is the most viable environmentall y conscious alternative to the cabin class, six cylinder internal combustion engine aircraft that are typically utilized for aerial video and photography, while burning approximately 20

- 30 gallons per hour of leaded aviation fuel. The DJI Phantom 3 UA, whi le reducing the carbon footprint of aerial acquisitions, also eliminates noise pollution, as the UA is propelled by battery powered electric motors, rather than an internal combustion engine.

By using the DJI Phantom 3 UAS to perform aerial acquisitions, the substantial risk to life and property in the air and on the ground usually associated with traditional manned aircraft flight operations, will be substantially reduced or completely eliminated. Aside from the absence of flight crew members located onb oard the aircraft, the DJI Phantom 3 UA (weighing approximately 2 pounds 11 ounces, at maximum gross weight with lengths of 16 inches, widths of 16 inches, and with no fuel on board), has less physical potential for collateral damage to life and property

o n the ground, and in the air, compared to the manned aircraft that typically conduct similar operations (weighing approximately 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 with the DJI Phantom 3 UAS Will Benefit the Economy.

In addition to being safe and efficient, the DJI Phantom 3 UAS is also an economical alternative to using manned aircraft to conduct similar aerial operations. As such, operation of the DJI Phantom 3 UAS will allow United States

- based companies such as JMRketing, LLC, to remain competitive and contribute to the growth of the U.S. economy. Specifically, with the rising cost of aviation fuel and the Environmental

Pro tection Agency ("EPA") regulatory actions phasing out leaded aviation fuels, U.S. owned and operated companies must adopt new and alternative technology in order to remain competitive. Operating the battery

- powered DJI Phantom 3 UAS is one such technology that not only allows companies greater operational flexibility compared to manned aircraft, but provides such flexibility without the high operational cost of a traditional manned aircraft.

By operating UASs including the DJI Phantom 3, companies and ind ividuals such as the Petitioner can remain competitive and profitable, and therefore, provide greater job stability to employees and contractors, which will ultimately contribute to growth of the U.S. economy.

XII. Reasons Why Granting the Exemption Would Not Adversely Affect Safety

1. T he DJI Phantom 3 UA Meets the Conditions of the FAA Modernization and Reform Act of 2012 (FMRA) Section 333.

In consideration of the size, weight, speed, and limited operating area associatedwith the unmanned aircraft and i ts operation, Petitioner’s operation of the DJI Phantom 3 UAS meets the conditions of FMRA Section 333, and will not require an airworthiness certificate in accordance with 14 C.F .R. Part 21, Subpart H.

Section 333 provides authority for a UAS to operat e 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. 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 Act, the Secretary of Transportation shall determine if certain unmanned aircraft systems may operate safely i n 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.

(b) Assessment of Unmanned Aircraft Systems.

-- In making the determination under

subsectio n (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 si ght 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 national airspace system, the Secretary shall establish requirements for the safe operation of such aircraft systems in the national airspace system.

In seeking this exemption, Petitioner submits that the DJI Phantom 3 UAS can operate safely in t he NAS pursuant to FMRA Section 333, as demonstrated by: (a) the characteristics of the DJI Phantom 3 UAS; (b) the pilot certification requirement; and (c) the specific operating limitations.

a. The Specifications of the DJI Phantom 3 UAS Demonstrate Its Safe

Characteristics.

The DJI Phantom 3 UAS does 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 DJI Phantom 3 UAS are set forth by the DJI Phantom 3 Specifications and Data Sheet.

ii. The DJI Phantom 3 UAS Autonomous Flight And Navigation Modes Enable

The UAS To Remain Within A Defined Operational Area.

The DJI Phantom 3 UAS may be operated in both manual and fully autonomous flight modes. A complete description of the flight and navigational modes of the DJI

Phantom 3 UAS is available online at DJI Phantom 3 User Manual

.

iii. The DJI Phantom 3 UAS Is Designed For Automatic Return To Home Point Or Hover In The Event Of Loss Of The Control Link Or Navigati on.

When the Control Link is lost, the DJI Phantom 3 UA will remain stationary, in flight, for 3 seconds or more. If, after 3 seconds, the DJI Phantom 3 UA does not reacquire control link data from the GCS, the UA will assume that the Control Link is los t and the UA will return to the home position (i.e., failsafe mode) via GPS, and will descend to the takeoff position and shut down. A complete description of the Failsafe

Functions of the DJI Phantom 3 UAS is available online at DJI Phantom 3 User

Manual

.

2. Flights Of DJI Phantom 3 UAS Will Be Conducted Pursuant To Specific Operating

Limitations.

In seeking this exemption, Petitioner proposes to commercially operate DJI Phantom 3 UAS for the purpose of conducting aerial video and photography over certain areas of United States and its territories, pursuant to the specific operating

limitations noted in Section IX above. Petitioner fur ther notes that the FAA may prescribe additional conditions for safe operation of the Phantom 3 UAS.

XIII. Conclusion



### Satisfaction of the criteria provided in Section 333 of the Reform Act regarding size, weight, speed, operating capabilities, proximity to airports and populated areas, operation within visual line of sight, and national security, provide more than adequate justification for the grant of the requested exemption allowing operation of Petitioner's UAS to collect aerial images of residential and
commercial locations in the United States

. Thank you for your consideration and
attention to this matter.