Drone Productions, LLC

400 Emery Drive, Suite 300

Birmingham, AL 35244

(205) 222-2732

 E-mail - Ryan@droneproductions.com

June 7, 2015

U.S. Department Of Transportation

Docket Management System

1200 New Jersey Ave, S.E.

Washington, DC 20590

REF: Exemption Request Section 333 of the FAA Reform Act

Dear Sir / Madam:

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (the "Reform

Act") nd 14 C.F.R. Part 11, Drone Productions, LLC seeks an exemption from Federal Aviation

Regulations ("FARs") detailed below for the DJI Phantom 3 Unmanned Aircraft System

manufactured by DJI of Shenzhen, China. The requested exemption would support an application

for a commercial Certificate ofAuthorization. 

The exemption would permit Drone Productions, LLC to purse its commercially the following

industries / activities:

1. Construction Monitoring with Aerial Photography

2. Construction Surveying with Differential Photography Method

3. Aerial Photography for Motion Picture and Television Industry

4. Real Estate Aerial Photography

5. Product Demonstrations and Marketing

The DJIPhantom 3 system consists of a lightweight (1280 grams) battery operated aircraft,

based on a small hand-held remote control operating on 2.4 GHz and is CE and FCC compliant. In

addition to the remote control, the DJI Phantom 3 offers the pilot with First Person Viewing "FPV"

via integral 2.4 Ghz connection and ground control receiver. The aircraft carries an onboard video

and still camera. The aircraft will be operated in the field with both a Pilot in Command (PIC) and

a ground-based Visual Observer (VO) in accordance with FAA Policy N 8900.227 Section 14

"Operational Requirements for UAS". 

Operations will occur under a Certificate of Authorization (COA) in accordance with FAA

policy for flights at or below 200', during daytime Visual Flight Rules conditions, with a visual line

of sight to the pilot, and a least 5 nautical miles from an airport with an operation control tower, at

least 3 nautical miles from an airport with a published instrument flight procedure without an

operational control tower, at least 2 nautical miles from an airport without a published flight

procedure or an operational control tower, and at least 2 nautical miles from a heliport with a

published instrument flight procedure. Flights requiring an additional COA for operations outside

the policy parameters listed above will be coordinated with the FAA. 

The PIC will meet the requirements outlined in FAA Policy N 8900.227 Section 16

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Personnel Qualifications. Additionally, the PIC will perform maintenance on the system and will

complete a course of maintenance instruction as part of their initial training. Due to the simplicity

of the system, we do not anticipate the need for a supplemental pilot. We submit that the

combination of the aircraft's light weight, historically demonstrated flight performance, fully

qualified flight crew and strict operation under the guidelines established in 8900.227, the FAA can

have confidence that the operation will have an equivalent or greater level of safety of manned

aircraft performing the same mission.

Drone Productions, LLC is a Alabama based single entity Limited Liability Company. 

Drone Productions, LLC is wholly owned by Ryan Nelson, and is a disregarded entity for the

purposes of federal tax. 

The regulations from which the exemption is requested are as follows:

- 14 CFR Part 21

- 14 CFR 91.203

- 14 CFR 45.23, 45.29

- 14 CFR 91.9

- 14 CFR 61.113,61.133

- 14 CFR 91.11 9

- 14 CFR 91.121,91.151

- 14 CFR Subpart E (91.401- 91.417)

-FAA Policy 8900.227 Paragraph 16(c)(4) and Paragraph 16(e)(1)

We are prepared to modify or amend any part of this request to satisfy the need for an

equivalent level of safety. We look forward to working with your office. Please contact us at any

time if you require additional information or clarification.

Sincerely,

Drone Productions

Ryan Nelson

President

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EXEMPTION REQUESTS AND EQUIVALENT LEVEL OF SAFETY

Drone Productions, LLC Systems requests an exemption from the following regulations as well as

any additional regulations that may technically apply to the operation of the sUAV System:

14 CFR Part 21, Airworthiness Certificates

This part establishes the procedures for the issuance of an airworthiness certificate. While the FAA

continues to work to develop airworthiness standards for Unmanned Aerial Systems, we request an

FAA Modernization and Reform Act, Section 333 Exemption be issued for the DJI Phantom 3 sUAS

under the following provisions:

14 CFR 45.23 Display of marks; general and 45.29 Size of marks.

These regulations provide that each aircraft must display "N" and the aircraft's registration number

in letters at least 3 inches high. Additionally, the aircraft must display the word "EXPERIMENTAL"

in letters at least 2 inches high near the entrance to the cabin, cockpit, or pilot station. The sUAV

does not have an entrance in which the word "EXPERIMENTAL" can be placed, and may not have

a registration number assigned to it by the FAA. We propose to achieve an equivalent level of safety

by including the word "EXPERIMENTAL" in the placard on the top of the aircraft, where the PIC,

VO and others in the vicinity of the aircraft while it is preparing for launch will be able to see the

designation. Additionally, we feel that the permanent placard will provide the aircraft's registration

information at the ground station.

14 CFR 61.113 Private pilot privileges and limitations: Pilot in Command and 61.133

Commercial pilot privileges and limitations.

The regulation provides that no person that holds a Private Pilot certificate may act as pilot in

Command of an aircraft for compensation or hire. Subparagraph (b) allows a private pilot to act as

pilot in command of an aircraft in connection with any business or employment if: (1) The flight is

only incidental to that business or employment; and (2) The aircraft does not carry passengers or

property for compensation or hire. Our proposed operations require that the PIC must hold at least

a Private Pilot Certificate issued by the FAA and since the aircraft cannot carry passengers or

property, we feel we meet the intent of 61.113 Subparagraph (b) even though the intent of this

application is to conduct a business.

14 CFR 91.7 Prohibits the Operation of an aircraft without an airworthiness certificate.

As no such certificate will be applicable in the form contemplated by the FARs, this Regulation is

inapplicable.

14 CFR 91.9 Civil aircraft flight manual, marking, and placard requirements.

This regulation provides that no person may operate an aircraft unless a current, approved flight

manual is in the aircraft. We assume that the intent of this requirement is to ensure that flight manual

information is available to the aircrew while operating the aircraft. We request an exemption to this

requirement since the aircraft is not only too small to carry documentation, the documentation would

not be available to the crew during flight operations. To obtain an equivalent level of safety and meet

the intent of91.9, we propose that a current, approved sUAS Flight Manual must be available to the

crew at the ground station anytime the aircraft is in, or preparing for, flight.

14 CFR 91.109 Flight Instruction; Simulated instrument flight and certain flight tests

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The regulation states that "No person may operate a civil aircraft that is being used for flight

instruction unless that aircraft has fully functioning dual controls." The sUAS System ground-based

control station consists of a small hand-held radio transmitter and while it does not offer a second

set of "controls", both the student and instructor can, and will, operate the single set of controls

simultaneously. With both student and instructor having "hands-on" the controls during flight, we

feel that this technique meets the intent 91.109 and provides an equivalent level of safety.

14 CFR 91.119 Minimum safe altitudes: General.

The regulation states that over sparsely populated areas the aircraft cannot be operated closer than

500 feet to any person, vessel, vehicle, or structure. Since the typical mission of the sUAS would be

photography or survey of persons, vessels, vehicles or structures it would be necessary to operate

closer than 500 feet to the items listed. Operations will only be flown over property or persons where

permission has been obtained and careful pre-planned has been performed. The aircraft will be

operated at a low altitude allowing, if a power unit fails, an emergency landing without undue hazard

to persons or property on the surface. Therefore we maintain that due to the small size of the UAS,

the hazard to persons, vehicles and structures is minimal compared to manned aircraft, which should

be considered in granting the exemption.

14 CFR 91.121 Altimeter settings.

The regulation requires that aircraft shall maintain cruising altitudes by reference to an altimeter

setting available within 100 NM of the aircraft. The sUAS will always fly below 600 feet AGL and

will not need to maintain cruising altitudes in order to prevent conflict with other aircraft. An Above

Ground Level altimeter measurement above the takeoff point is transmitted via radio from the sUAS

on-board computer to the display screen held by the PIC, providing a constantly updated AGL

readout.

14 CFR 91.151 Fuel requirements for flight in VFR conditions.

The regulation provides that no person may begin a flight in an airplane under day-VFR conditions

unless there is enough fuel to fly to the first point of intended landing and to fly after that for at least

30 minutes. We feel the intention of this paragraph is to provide an energy reserve as a safety buffer

for delays to landing. The sUAS are battery operated and the maximum duration of flight from a

single battery charge is 18-25 (depending on which sUAS and method of flight) minutes with a 20%

reserve. Since the aircraft will never fly more than 1 NM from the point of intended landing, a full

battery charge at launch will ensure that we meet the reserve energy requirement of this paragraph.

We request an exemption to the word "fuel" and ask for an equivalent interpretation with the word

"energy". We also request exemption from the 30 min reserve and ask that our reserve will be to fly

the mission to the point of intended landing and have at least a 20% battery reserve after that.

14 CFR 91.203(a) & (b) Civil aircraft: Certifications required.

The regulation provides that an airworthiness certificate, with the registration number assigned to

the aircraft and a registration certificate must be aboard the aircraft. Additionally, subparagraph (b)

provides that the airworthiness certificate be "displayed at the cabin or cockpit entrance so that it is

legible to passengers or crew." The sUAS is too small to carry documentation, does not have an

entrance, and is not capable of carrying passengers or crew. To obtain an equivalent level of safety

and meet the intent of91.203, we propose that documents deemed appropriate for this aircraft by the

FAA will be collocated with the crew at the ground control station and available for inspection upon

request. In order to identify the aircraft, we propose that the information found on airworthiness and

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registration certificates be permanently affixed to the aircraft via placard containing the following

information plus the word "EXPERIMENTAL" to satisfy the requirement of 14 CFR 45.23.

14 CFR Subpart E (91.401- 91.417)- Maintenance, Preventive Maintenance, Alterations

The regulation provides that the operator is primarily responsible for maintaining the aircraft in an

airworthy condition, including compliance with part 39 and 43. Paragraphs 91.407 and 91.409

require that the aircraft be "approved for return to service by a person authorized under 43.7" after

maintenance and inspection. It is our intention that the PIC perform maintenance and inspection of

the aircraft and "be authorized to approve the aircraft for return to service." The PIC will ensure that

the aircraft is in an airworthy condition prior to every flight and in addition, conduct detailed

inspections after every two hours of flight. Maintenance performed by the PIC is limited to repairing

small cracks, replacing a propeller, checking electrical connections and updating software and

firmware for the on-board computer. All other maintenance will be performed by the manufacturer

or their designated repair facility. The PIC will document work performed in accordance with

91.417. We feel that due to the size, construction, and simplicity of the aircraft, the PIC can ensure

an equivalent level of safety.

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