July 5 2015

Attn: U.S. Department ofTransportation Docket Operations West Building Ground Floor, Room w12-140 1200 New Jersey Ave, SE Washington, DC 20590

RE: David B Hogan dba. VinShadow Group LLC REQUEST AN EXEMPTION FROM THE REQUIREMENTS OF TITLE 14 OF THE CODE OF FEDERAL REGULATIONS SECTIONS 61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(l), 91.409(a)(1) & (a)(2), AND 91.417(a) & (b) CONCERNING COMMERCIAL OPERATION OF DJI Phantom 3 UNMANNED AIRCRAFT SYSTEMS PURSUANT TO SECTION 333 OF THE FAA MODERNIZATION AND REFORM ACT OF 2012 (PUBLIC LAW 112-95)

David B Hogan President VinShadow Group LLC 648 W Watersville Rd Mount Airy, Maryland 21771 (301)-829-9357 dbh@vinshadow.com

TABLE OF CONTENTS

GLOSSARY OF ABBREVIATIONS

...................................................................................3

SUMMARY

...........................................................................................................................4

INTRODUCTION AND INTERESTS OF PETITIONER

....................................................4

BACKGROUND

....................................................................................................................4

BASIS FOR PETITION

............................_. ............................................................................5

1 PageNAME AND ADDRESS OF PETITIONER

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

THE SPECIFIC SECTIONS OF 14 C.P.R. FROM WHICH THE ALTEK MEDIA GROUP SEEKS EXEMPTION

............................................................................................................

### ? THE EXTENT OF RELIEF VINSHADOW GROUP LCC SEEKS AND THE REASON VINSHADOW GROUP LLC SEEKS THE RELIEF

....................................:

.................. 10 THE REASONS WHY GRANTING VINSHADOW GROUP LLC'S REQUEST WOULD BE IN THE PUBLIC INTEREST

..................................................................................... 12 THE REASONS WHY GRANTING THE EXEMPTION TO VINSHADOW GROUP LLC WOULD NOT ADVERSELY AFFECT SAFETY

.............................................................. 14 SUMMARY THAT CAN BE PUBLISHED.IN THEFEDERAL REGISTER.

..................25 ANY ADDITIONAL INFORMATION, VIEWS, OR ARGUMENTS AVAILABLE TO SUPPORT VINSHADOW GROUP' LLC'S REQUEST

... ':

....................:

............................25 CON.CLlJSION.,

.............................

### ~··.•.............'

.. :.•....:

... :,··········:·:

.......:

..........,....

### ~·······················25 APPENDICES

........**·~** ....................................·.·: ....•.........•...·..**~·.** :

.. :. :

...·.·........ 26

AGL AOI ATC ATO AV CFR COA FAA FAR· GCS GPS LOL NAS NOTAM PIC Section 333 

## so SOP UA UAS VFR VLOS VMC VTOL . \'

GLOSSARY OFABBREVIATIONS: Above Ground Level Area ofInterest Air Traffic Control Air Traffic Organization Aerial Vehicle Code ofFederal Regulations Oerl:ificate ofAuthorization

. FederalAviation Administration

Federal·Aviation Regulation · Ground Control Station Global Positioning System Loss ofLink National Airspace System Notice to Airman Pilot In Command FAA Modernization and Reforni Act of2012 (FMRA) Safety Observer StandardOperating**Proc~dures** Unmanned Aircraft Unmanned Aircraft System Visual Flight Rules,. Visual Line ofSite Visual Meteorological Conditions Vertical Takeoffand Landing

2. SUMMARY

. 

### David B Hogan, dba. VinShadow Group LLC hereafter referred to as VinShadow Group LLC seeks exemption from therequirements of14

### C.F.R §§ 61.113(a) & 

### (b), 91.7(a), 9L121,91.151(b), 91.405(a), 91.407(a)(l), 91.409(a)(1) & 

### (a)(2), and 91.417(a)' & 

### (b), to operate an**Unm~mned** 

### Aircraft System (DJI Phantom 3) pursuant to Section 333 ofthe FAA Modeniization and Reform Act of 2012 (FMRA). This exemption will permit VINSHADOW GROUP LLC to operate an Unmanned Aircraft System (UAS) for the commercial purpose of conducting aerial video and photography of construction sites, residential and commercial real estate, civil landscapes and events over certain areas ofthe United States.' '

..· ."· , ':: INTRODUCTION AND INTERESTS OF THKPETITIONER 

### VinShadow Group LLC has since 1984 provided their clients (which include private sector businesses and commercial construction, alongwithlocal state and federal agencies) with expertise and knowledge in the General Construction. VinShadow Group LLC has worked on hundreds of large scale projects where there is both a desire and a need for video and photographic records. In the past we have supplied our client's.aerial video and ph0tography using commercial aircraft services. The objective of VinShadow Group LLC. 

### and our Unmanned Aircraft System (DJI Phantom 3) aerial operations is to provide a more affordable, high-qualityproduction system for a variety ofprivate, governmental, commercial, public, and residential uses, specifically targeting
• Construction sites before and after
• Appraisals
• Real-estate marketing
• Economic development
• Civic landmarks
• Special event coverage • Private and governmental training

We safely flown small RC electric quadcopters, hobby aircraft and cars recreationally for approximately 17 years without incident.BACKGROUND 

### Unmanned Aircraft Systems: DJI Phantom 3, UAS VINSHADOW GROUP LLC seeks an exemption ·

## to 'operate DJI Phantom 3 system

.for compensation orhire within the NAS. The DJI Phantom 3.is vertical takeoffand 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 ofapproximately 2.8 lb. while having a diagonal dimension of 23.2", a maximum speed of approximately 16.4'fps and a

3maximum flying height of400'. The DJI Phantom 3 is equipped with four main rotors; driven by Lithium Polymerbattery powered electric motors. The DJI Phantom 3 that will be operated by VINSHADOW GROUP LLC will be registered in accordance with 49 U.S.C. 44103, 

### Registration of Aircraft, as well as 14 C.F.R Part 47, 

### Aircraft Registration, and marked in" accordance· with 14 C.F.R. Part 45, 

### Identification. and Registratio,n Marking.· ·
BASIS FOR PETITION Petitioner, VINSHADOW GROUP LLC, pursuant to the provisions of the Federal Aviation Regulations (14'C.F.R. § 11.61) and the FAA Modernization andReform Act of2012

**(FMRA)~** Section 333, 

### Special Rules for Certain Unmanned Aircraft Systems, hereby petitions the Administrator to commercially operate theDJI Phantom 3, UAS in the National Airspace System (NAS), and for an exemption from the requirem{mts of 14 C.F.R §§ 61.1i3(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 of the speed, weight, size, and linlited operating area associated with

**th~.** unmanned aircraft and its operation, VINSHADOW GROUP LLCoperation ofDJI Phantom 3 UAS meets the conditions ofFMRA Section 333 and therefore, will not require an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H. Accordingly, VINSHADOW GROUP LLC requests relieffrom Sections 91.405(a), 91.407(a)(l), 91.409(a)(1) & (a)(2), and 91.417(a) & (b), as these sections set forth requirements for maintenance that only apply to aircraft with an airworthiness certificate. YINSHADOW GROUP LLC submits that the requested reliefis proper since an equivalent level of safety will be ensured. VINSHADOW GROUP LLC will use experienced personnel or technicians to perform maintenance, alterations, or preventive maintenance on the UAS using the methods, techniques, and practices prescribed in the operating documents (i.e., Monthly Maintenance Log, and DJI Phantom 3 Instruction Manual). Furthermore, VINSHADOW GROUP LLC will document and maintain all maintenance records for the DJI Phantom 3 UAS. Relieffrom certainrequirements ofSection 61.113(a) and (b), entitled

### Privatepilot privileges and limitations: Pilot in command, is requested by VINSHADOW GROUP LLC to the extent necessary to allow a Pilot in Command (PIC) holding a private pilot or higher level certificate, as well as an airman medical certificate, and who has demonstrated, by meeting minimum flighthour and currency requirements, that ,the

**PI~** is· able to safely operate the DJI Phantom UAS in a manner consistent with this exemption, including evasive and emergency maneuvers and maintaining appropriate distances frompeople, vessels,.vehicles and structures

.. VINSHADOW GROUP LLC seeks relief from Section 91.7(a), entitled 

### Civil aircraft airworthiness, because the DJI Phantom 3 .UAS do not require an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpap: H. As such, VINSHADOW: GROUP LLC submits that theywillensure that the DJI Phantom 3 UAS is in an airworthy condition, priorto every flight, by determining that the UAS are in compliance with the operating documents (i.e., Monthly Maintenance Log, and DJI Phantom 3 Instruction Manual), and that the aircraft are in a condition for safe flight. · VINSHADOW GROUP LLC also seeks an exemption from the requirements ofSection 91.121, entitled

### AltimeterSettings, as the DJI Phantom 3 UAS will not have a typical barometric altimeter onboard. However, altitude informatioti'ofthe DJI Phantom 3 UAS will be' provided to the PIC via Global Positioning System (GPS) equipment arid radio communications telemetry data link, which downlinks·from the UA to the GCS for active monitoring ofthe flight path. This altitude

4information,

### c~mbined**~ith** VINSHADOW GROUP,LLC's operation oftheDJI Phantom 3 UAS within visual line of sight, at or belo.w 400 feet AGL, will ensure a level of safety**equiv~.lent** to Section 91.121.

.. · · . . . Additionally, VIN$HADOW

### GROU~ LLC seeks an

### e~emption from: the requirements.of

### Se~tion 91.151(b), entitled 

### Fuel requirement; for flight in VFR conditions. VINSHADOW GROUI,l LLC submits that safety will not be affected by operation ofthe DJI Phantom 3 UAS during daylight hours in visual meteorological conditions (VMC) under visual flight rules: (VFR), with enough battery power to fly for a total d;uration ofapprpxitp.ately 23 mintJtes. <Battery po'Yer indicators

are also able to show exactlyhow**mm~h** batterypower is left, as well as how much time is needed to return safelyback to point oftake off. · . . . In accordance with 14 C.F.R. § 11.81, ,VIN.SHADOW GROUP LLC**provid~s** the following information in support ofits petition for exemption:

. .I 

### A, Name And Address Of.Ihe Petitioner.

. . , '· The name and address ofthe.Petitioner and point ofcontact is: David B Hogan ·· · · President

Oavid B Hogan, dba. VinShadow Group LLC 648 W Watersville Rd Mount Airy, Maryland 21771 (301 )-829-9357 dbh@vinshadow.com



### B. The Specific Sections Of 

### 14 C.F:R. From**Whi~h** 

### VINSHADOW GROUP LLC Seeks Exemption. · 1. VINSHADOW GROUP LLC Seeks Exemption From The Requirements Of Section 61.113{a) And (b). · ' · Section 61.113, entitled Private pilot privileges and limitations: 

### Pilot in command, subsections (a) and (b) prescribe tlie· following, inrelevant'part: (a) No person who holds a·private pilot certificate may act

### ~sa pilot ih cormhand (PIC) ofan aircraft that is carrying passengers orproperty for compensation orhire; normay that person, for compensation orhire, act as PIC ofan aircraft. (b) A privatepilotmay, fqr cpmpensation orhire, act as PIC ofan aircraft in connection with anybusiness or employment if-

. (1) The flight is only incidental to that business or employment; and (2) The aircraft does not carry**pass~ngers** orproperty for compensation or hire. 

### 2. VINSHADOW GROUP LLC Seeks Exemption From '{he Requirements Of Section 91.7(a). · . · · Section 91.7, entitled 

### Civil aircraft airworthiness, subsection (a), states the following:

5(a) No person may operate a civil aircraft unless it is in an airworthy condition. 3. VINSHADOW GROUP LLC Seeks Exemption From The Requirements Of Section 91.121.Section 91.121, entitled Altimeter settings, subsection (a), states the f9llowip_g, in part: (a) Each person operating an aircraft shall maintain the cruising altitude or flight level of that aircraft, as the case may be, by reference to an altimeter that is set, when operating-- (1) Below 18,000 feet MSL,

**to~-** . (i) The current reported aitl.meter setting ofa station along the route and within 1

00 nauticaJ miles ofthe aircraft;

. (ii) Ifthere is no station within the area

**prescrib~d** inparagraph (a)(l)(i) ofthis section, the

**curre~treported** alti.meter settingofan appropriate available station;
or

(iii) In the case ofari aircraft not equipped with a radio, the elevation ofthe departure airport or an appropriate altimeter setting availablebefore departure.

4. VINSHADOW GROUP LLC Seeks Exemption From The Requirements Of Section 91.15l(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 enoughfuel tofly to the firstpoint of intended landing and, 'assi.tming normal cruising speed, tofly after that for at least 20 minutes. · 5. VINSHADOW GROUP LLC Seeks Exemption From The



### R~quirement Of Section 91A05(a).

. . · · .· · · ·

. Section 91.405, entitled 

### Maintenance

**r~quired,** subsection (a), states the following: Each
owner or operator ofan aircraft-·· (a) Shall have that aircraft inspected as prescribed iri subpart E ofthis part and shall between required inspections, except as provided in paragraph (c) ofthis section, have discrepancies repaired as prescribed in part 43 ofthis chapter[.] 6. VINSHADOW GROUP {;LC Seeks ·Exemption From The Requirements Of Section 91A07(a)(l)

. Section 91.407, entitled 

### Operation after maintenance,preventivemaintenance, rebuilding,
oralteration, subsection (a)(1), statesthe following: (a) No person may operate any aircraft that has undergone maintenance, preventive maintenance, rebuilding, or alteration unless-- (1) It has been approved for return to service by a person authorized under§ 43.7 ofthis chapter[.] 7. VINSHADOW GROUP LLC Seeks Exemption From The Requirements Of Sections 91.409(a)(l) And 91.409(a)(2). Section 91.409, entitled

### Inspections, subsection (a), states the following: (a) Except as providedinparagraph (c) ofthis section, nopersonmayoperate an aircraft unless, withinthe preceding 12 calendarmonths, it has had

-- (1) An annual inspection in accordance with part 43 ofthis chapter and has been approved for return to service by

## aperson authorized by§ 43.7 ofthis chapter; or

6(2) An inspection for'the issuance of

# an aiiworthinyss certificate in accordance with part 21 ofthis chapter.

8. VINSHADOW GROUP LLC Seeks Exemption

### F~on1 The Requirements Of Sections 91.417(a) And 91.417(b). · · · .

. Section 91.417, entitled**Maint~nance** 

### 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) ofthis section: ' · · (1) Records ofthe maintenance,**prev~'n.tive**lllaintenance, and alteration andrecords ofthe 100-hour, annual, progressive, andother required or approved inspections,
as appropriate, for each aircraft (Including the airframe) andeach engine, propeller, rotor, and appliance ofan aircraft, The recon;ls must include-- (i) A description (or

### r~ferenc~ fo data

### ac~ept~ble to the Administrator) ofthe work performed; and ''

- - - (ii) The date of**~ompletion** ofthe wo*performed; and

· (iii) The signature, and certificate number ofthe person approving the aircraft for return to service. · (2) Records containing the followinginformation: (i) Thetotaltime in service ofthe airframe, each engine, each

### pr~peller: and each rotor.

(ii) The current status oflife-limited parts ofeach airframe, engine, propeller, rotor, and appliance.

-

(iii}The time since**las~** overhaul ofallitems installed on the aircraft which are required to be overhauied on a

### spe~ified**tim~** basis. ' ' (iv) The current inspection status ofthe aircraft, iQ.cluding the time since the lastinspectionrequiredbythe**inspe~tion** programunderwhichthe aircraft and its appliances.are maintained.

. (v) The current status of

### applicab~e**ai~orthiness** directives (AD) and safety directives including, for- each, the method of compliance, the Ab or safety

. directive**nu~ber** and**revi~joq_** date. Jf the, AD or, safety directive involves recurring action, the time arid date- whenthe next action is required.

-

(vi) Copies ofthe forms prescribed by§ 43.9(d) oftb,is chapter for each major alterationto the airframe and currentlyinstalled engines, rotors, propellers, and appliances.

(b) The owner or operator shall retain the following records for the periods prescribed: (l) The records sp.ecified in paragraph (a)(1) ofthis section. shall be**ret~ined** until the work is repeated or superseded by other work orf()r 1 year after the work is performed.

. , (2} The_ records specified in paragraph (a)(2) ofthis section shall be retained and transferred with the aircraft fl,t the time the aircraft is sqld. , (3) A list ofdefects 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.

7C. The Extent Of Relief VI:NSHADOW GROUP LLC Seeks And The Reason The VINSHADOW GROUP LLC Seeks 'fhe Relief. , . 1. Extent OfReliefTheVINSHADQW GR()UPLLC Seeks And The Reason VINSHADOW GROUP LLC Seeks ReliefFrom Section 61.1l3(a) And (b). · Relief from Section 6L113(a) and (b) entitled 

### Private pilotprivileges and limitations: Pilot in command, is requested to the extent necessaryto allow a PICholdinga privatepilot orhigher

**~evel** certificate, as well as a current andValid ai.rman medical ceriifi·c'ate, and who has metcertain flighthour and currencyrequirements; to coriduct theproposed.UAS flight operationsfor compensation
orhire. This reliefis



### requ~sted **sine~** thelimitations set forth in s·ection 61.113(a) and (b) statethat aprivate pilot }llay, for compensation or hire, act as PIC ofan aircraft in connection with any business or emplqyrnentif: (1) Theflightis onlyinCidental tothatbusiness oremployment; arid (2) Theaircraft does not carry passengers orproperty forcoll1perisatjon orhire.

. .. . ·. .. . ... ·•

. : •

. . .. As set forth more fully below, VINSHADOW GROUP LLC submits tqat anequivalent levelof safetywill bemaintainedbecauseno PIC will beallowed to opera'tetheDJIPhantom 3 UAS unless that PIC has met certain flight-hour and currencyrequirements, demonstrating that the PIC is able to safely operate either the DJI Phantom 3 .UAS in a manner· cpnsistent with the operations specifications as described in



### thi~ 

## eX:

**emptio~,** includlngevasive and



### ~n1erg~ncy maneuvers, as well
as maintaining appropriate distances from people., vessels, vehicles and structures. Further, VrNSHAOOW GROUP LLC submits ·that ali· flights of the DJI·Phantom 3 UAS, conductedbythe PIC pursuantto the grant ofthis Petition: (1) willbeincidental to VINSHADOW GROUP LLC's business; and (2) will n'ot



### ca~y **pa~sengers** orproperty for compensation orhire.

2. Extent Of Relief VINSHADOW GROUP LLC Seeks And The Reason VINSHADOW GROUP LLC Seeks Relief

# From se'ction91.7(a).. ··· . •·. • .· · , . Relieffrom Section 91.7(a) entitl'ed 

### Ctvitairerdftair-worthiness, is requested to the extentrequired to allow VINSHADOW GROUP LLC to determine that the.DJI Phantom 3 UAS are in airworthy condition prior to every flightby e.rtsuri.hg that the UAS is iii compliance with the operating documents (i.e., VINSHADOW GROUP LLCAeriat Operations Manual, Monthly Maintenance Log, and DJI Phantom'3 Ihstructioti'Mamial).

. · ·· · ·· VINSHADOW GROUP LLC

**syeks,th~** requested reliefbecause the

## n:n Phantom3 UAS do not requite an airworthiness 'certificate in accordance with 14 C.F.R. Part 

### 2(Subpart H. Therefore, VINSHADOW GROUP.LLC willensure that theDJI Phantom 3 UAS are in airworthy condition basedupon its compliance with the operating documents (i.e., MonthlyMaintenance Log, and DJI Phantom 3) prior to every flight, and further, deterinine that the aircraft are in condition for safe flight, as stated in the conditions and limitations below.

.
3. Extent Of Relief VINSHADOW GROUP LLC Seeks And The Reason VINSHADOW GROUP LLC Seeks ReliefFrom Section 91.121. · Relieffrom Section 91.121; entitled Altimeter settings, mayberequired to allow flight operations ofthe DJI Phantom 3 UAS, which utilize a barometric pressure sensor,' GPS equipment, and a radio communications'telemetrydatalirik: to downlink altitude information from the UAto the PIC at the ground control station (GCS).: S'ince the FAA requires ·that any altitude information concerning UAS operations be reported to air traffic control (ATC) in feet above ground level (AGL), VINSHADOW GROUP LLCseeks the requested reliefbecause the DJI Phantom 3 UA's

8altimeter may be set on the ground to zero feet AGL, rather than the local barometric pressure or field altitude, before each flight.

. . Considering the limited altitude ofthe proposed operations, relieffrom 14 CPR 91.121 is sought to the

### ext~nt necess.ary to comply with the applicable conditions and limitations stated below. As**~ore** fully set forth herein, an equivalent 'le:vel ofsafety

# will bemaintained since the DJI Phantom 3 UAS are equipped with a barometric.pressure sensor and.GPS equipment, which automatically
ensures that a

### gro~nd levelpresstire setting 

### will be

### ~~tablished prior to each ·flight, and provides the PIC with altitude information ofthe UA ori the h,eads-:up display oftheGCS.



### 4. Extent Of Relief VINSHADOW GROUP LLC Seeks And The Reason VINSHADOW GROUP LLC Seeks ReliefFrom Section 9i.t5l(b). · ·· · Relieffrom Section 91.151

### (b) entitled_F{tel

### ~~quirements for flight inVFRconditions, is requested to the extent required to allow flights.

## dftlie 'battery

### pow~red bJIPhantom 3 UAS' during daylight hours in yis,ual meteorological conditions (VMC), il.nder visual 'flight rules (VFR), for a total duration of23 minutes

.. VINSHADOW GROUP LLC seeks the requested**reliefbecau~e** without
an .exemption from Section 91.J5·1 (b);the_flight**tirp.~ durat~on**  ofthe batterypoweredDJI Phantol}l 3 UAS will severely constrainthe practicality_of any aeri,a_l video or still photo flight operations that VINSHADOW**G~,OUP** LLC proposes.to conduct**!m~suant** to this Petition. · . . Significantly, as set forth }?elow, the technical specifications ofthe DJI Phantom 3 UAS, theDJI Phantom 3 operating. documents, and VINSHADOW GROUP LLC's proposed operating limitations, ensure that VINSHADOW GROUP LLC will safely operate the battery powered DJI Phantom 3 UAS during daylight hours in visual meteorological conditions (VMC), under'visual flight rules (VFR), with enough batterypower to fly for a total duration of23 minutes. 

## S. Extent Of Relief VIN.SHADOW GROUP

### L'LC:S~e]fs-**~nd_,** The

### Reas~m VINSHAJ)OW GROUP LLC Seeks ReliefF:romSections 91.40S(a), 91.407(a)(l), 91.409(a)(1) & 

### (a)(2), And 91.417(a) & 

### (b). · . ·· . · ' · · · ·. · Since Sections 91.405(a), 91.407(a)(1), SH.409(a)(1) & (a)(2), and 91.417(a) & (b) only apply to aircraft with an airworthiness certificate, VrNSHADo'W'bROUPLLC requests relieffrom these Sections because the DJI Phantom 3 UAS do not require ain.vorthiness certificates. As set forth
more fullybelow, the DJI Phantom 3 UAS**meetth~** conditioi).sofFMRA Section 333 for operation without an airworthi.ness certificate. Accordingly, VINSHADOW GROUP LLC will use trained techniciansto perform maintenance, alterations, or preven,tive mainte.nance on the UAS using the methods, techniques, and practices prescribed in the .UAS operating documents (i.e., the VINSHADOW GROUP LLC Aerial Operations. Manual, Monthly Maintenance Log, and DJI Phantom 3 Instruction Manual). Furthermore,**VIN~HADOW** GROUP LLC will document and maintain all maintenance records for the DJI Phantom 3 UAS.



### D. The Reasons Why Granting VINSHADOW GRQtTP LLC**~equest** 

### Would Be In The Public Interest; ThatIs, How It

### Would.Benefit The Public As A Whole. Granting the present Petition will further the public interestby allowing VINSHADOW GROUP LLC to safely, efficiently, and economicallyperform aerialvideo and photographyofconstruction sites, real estate., e.v:ents. and civic landscape over certainareas oftheUnited States. Additionally, use of _the. ,DJI Phantom 3 UAS • will decrease. congestion of the NAS, reduce pollution, and provide significantbenefits to the ec()n,omy. Notably, the benefits ofVINSHADOW

9GROUP LLCsproposed operation oftheDJIPhal}-tom 

### 3UAS willberealized without implicating any privacyissues.

1.· The Public Will Benefit·From Decreased Congestion OfThe NAS. The DJI Phantom 3 UAS are qattery powered and ser\re as a safe, efficient, and economical alternative to 'the manned aircraft

**traditi~nally** utilized to obtain aerial ir#agery. By reducing the amount ofmanned aircraft needed to perf orin aerial acquisitions, an exemption allowing the use ofa DJI Phantom 3 UAS would reduce the amount ofmarnied aircraft in the NAS, reduce noise and air pollution, as well as increase the safety oflife and property in the air and on the ground. Furthermore, byreducing the number ofmanned aircraft operating inthe NAS, congestion around airports causedby arriving and departing aircraft will bereduced. The DJI Phantom 3 UAS do not require an airport to takeoffor land. ·.Likewise, a reduction ofmaimed aircraft conducting aerial vi,deo and photography missions would result in fewer aircraft that must be handled by air traffic control during the ground, takeoff, departure, am val, and landing phases offlight

**operations~** 2. The Public WillBenefit From The Safety And EfficiencyOfThe DJI Phantom 3 UAS. Conducting aerial acquisitions with the'DJI Ph8;ritoi11 3 UAS, instead of manned aircraft, will greatly benefit the public by drastically reduCing the levels of'air and no'ise pollution generated during traditional aerial video and still photography flight



### oper~ttions. Byusing batterypower and electric motors, the bJI Pharitoin 3 UAS produce no 

## air pollution, and is the most viable environmentally conscious aiternative to the cabin class, six cylinderinternal combustion engine aircraft that are typically utilized for aerial video and photography, while burning approximately 20-30 gallons perhour ofleaded aviation fuel. The DJIPhantom3 UAS, whilereducingthe carbon footprint ofaerial

**acquisitions~** also eliminates noise pollution, as the UAS are propelledbybattery powered electric motors, rather than an internal'dombtistion engine.. '

. ' ' By using the I)JI Phantom 3 UAS 

## to 'perforin'aerial acquisitions, the substantial risk to life and property in the air and on the ground, which is usually associated with traditionalmanned aircraft flight. operations, will be substantially reduced ¢r completely eliminated. Aside from the lack of flight crew members located onboatd the aircraft, the 

## ·nn Phantom 3 UAS (weighing approximately'2.8 pounds at their maximum gross weight with diagonal dimension of23.2 inches, and with no fuel on board), has less physical potential for collateraldamage to life and property
on 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 of34 feet, anda 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 are also an economical alternative to using manned aircraft to conduct similar aerial operations. As such, operation of the DJI Phantom 3 UASwill allow United States based companies, like TheALTEKMEDIA GROUP, to remain competitive and contribute to growth ofthe U.S. economy. Specifically, with the rising cost ofaviation fuel and theEnvironmental ProtectionAgency ("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 DJlPhantom 3 UAS is
one such technology that not only 'allows companies greater operatiortal flexibility compared to

10manned aircraft, but provides such flexibility'without the high operational cost of a traditional manned aircraft. By operating the DJI Phantom 3 UAS, companies such as The ALTEK MEDIA GROUP, can remain competitive and profitable, and therefore, pt;ovide greaterjob stability to employees and contractors, which will ultimately contribute to growth ofthe U.S. economy. Improved financial perforffian;ce ofU.S. companies, through

**commer~ial,use pft~e**  DJI Phantom3 UAS, provides 

# a stable workforce thatincreases consumer spending; improvys focal, state, and federal tax :revenues; and allows companies to invest in research and development in order to

**rem~in** competitive both in the United States and

**abroad~** · · · · · ·



### 4. There Are No Privacy Issues.

. Similar to the manned aerial

**acquisitio~** flight operations>that have been conduCted for decades, VINSHADOW GROUP LLC's proposed opetationoftiieDJI

**Pha~tohl** 

## 3UAS

# will not implicate anyprivacyissues.

**Sp~cificaliy,** "the DJI Pharitoill 

### J U

### As willbe operated onlyin compliance with operating docurrients (i.e., VINSHADOW o'ROUP LLC Aerial Operations Manual, Monthly Maintenance Log,

.and DJI ;J?hjintom _3 Instruction Manual) which requ_ires property owner involvement as well as local taw enforcement notl:qcatiop, and in accordance with the Federal Aviation Regulations, including the ininimuni altitude requirements of 

## 14 C.F.R. § 91.119.

. 

### E. The Reasons Why GrantingThe

**Exemptio~** 

### Woul,d NotAdversely Affect Safety, Or How The .Exemption

**Wo~ld** 

### Provide A Level OfSafety At·Least Eqmtl To that Provided By The Rule FromWhich VINSHADOW

**GROUP-LL~** 

### Seeks Exemption.

. 1. Reasons Why The DJI Phantom 3 UAS Meet The Conditions OfThe FAA Modernization and Reform Act of2012 (FMRA) Section 333.

. . . . · · In consideration of the



### ~ize, **weight~** speed,

.and



### limit~d openitiO:g area ass<;)cia ted with the uninanned aircra'ft



### ~nd its operation, VINSBADOW, GROUP LLC's operation ofthe



### DJ~ Phantom 3 UAS meet the conditions QfFMRA Section3:33, arid wilt'not



### r~qujre an airworthiness certificate in accordance with 14 C.P.R. Part 21, Subpart H.

. . . . · . . Section 333 l?rovides authority for 

## aUAS to· operate 'Yithovt airworthiness



### ~ertification and sets forth requirements for considering whether a UAS wiil create.

# a hazard to users ofthe NAS or the public, or otherwise pose a thre(!.t t.o national security: Specifically, FMRA Section 333 s'tates the following, in part:

. _ , - , . .. . _. . . . (a) In ()eneral.--Notwithstanding any other

**requ~rement** of this subtitle, and not later than 180 daysafter the date 'of enactment of this Act, the

**S~~·retmy.**of Transportation shalldetermine 

### if certain unmannedaircraftsystems may operate safely in the national airspace system before completion a/theplan and rulemakingrequired by section 332 of thisActor the guidance required by section 334 of thisAct, (b) Assessment ofUnmanned 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 ofthe national airspace system or (he public orpose a threat to national secu,rity; and ,., (2).whether a certificate of waiver, certificate of authorization, orairworthiness certification undersection 44704 of title 49, UnitedStates Code, is required for the operation of unmanned aircraft systems identified underparagraph (1).

11(c) Requirementsfor Safe Operation.--Ifthe Secretary determines under this section that certain unmanned aircraft

**system~** may operate safeiy in the national airspace system, the Secretary shall estal?lish requirements for the safe operation ofsuch aircraft systems.in the national airspace system.

.. · In seeking this exemption, VJNSHADOW GROUP LLC submits that the DJI Phantom 3 UAS can operate safely in the NAS ·purs.uant 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

**opera~ing** limitations. · 

### a. The Specifications OfThe DJI Phantom

### 3UAS Demonstrate ItsSafe Characteristics. The DJI Phantom 3 UAS does not create a hazard to users ofthe NAS or the public, or otherwise pose a threat to national securityconsi.dering its size, weight, speed, and operational capability. i. 

### Technical Specifica,tions OfThe I)JI Phantom 3 UAS. The technical



### spe~{fic.ations ofthe PJfi'hantorri 3 :UAS are set forth by the DJI Phantom 3 User Manual, attached hereto as Appendix

# A: ,. .·.· .. ii. 

### The DJI Phantom 3 UAS GlQbal Positioning Modes Enable The UAS To Remain Within A Defined Operational Area. The I?JI Phantom 3 UAS maybe operated in both manual and global positioning flight modes. A complete qescriptto:p. ofthe flight

**an~** navigationafmodes

**oft~e** DJI Phantom 3 UAS is provided at pages 11 ofthe DJIPhantom 3 User Manual attached hereto as Appendix A. · 

### iii. The DJI Phantom 3 UASAre

**Design~d** 

### For

**Autom~tic** 

### Return To Home Point Or Hover In The Event OfLoss OfThe Contr.ol Link Or Navigation. When the Control Link is

**lost~** the DJI Phantom 3 UAS will remain stationary, in flight, for 3 seconds or more. If, after 3 seconds, the DJIPhantom 3 UAS does not reacquire control link data from the GCS, the UAS will assume that the.Control Linkis lost and the will return to the home position (i.e., failsafe mode) via GPS, and will descend'tothe takeoffposition and shutdown. A complete description ofthe



### Fails~fe,Functions

**oft~e** DJI Phantom 

## 3UAS are set forth at pages 12 through 14 ofthe DJI Phantoin 3 User Mariual, attachedhereto as Appendix A.



### . iv. The DJI Phantom 3 GCSAnd Its Opefation:

. · '

. A complete description ofthe operation

**~nd** specifications ofthe DJI Phantom 3 GCS and flight control software is provided at pages 23. thfough 29 ofthe DJI Phantom 

## 3 User Manual. DJI Phantom 3 User Manual is attached h;ereto as Appendix A.

. 

### b. Flight Operations OfDJlPharitom'3 

### UAS Is Lirliited To The Line OfSight OfA Certificated Pilot iri

**C~riuriand** 

### With A Safety Observer. ·· . ·· VINSHADOW GROUP LLC video production staffwill be the only persons to act as a pilot in command (PIC) ofthe D1I Phantom 3 UAS. Additionally, a safety observer will assist him at all times during flight time.

. . 

### c. Flights OfDJI Phantom 3 UAS WillBe Conducted Pursuant To Specific Operating Limitations. In seeking this exemption, VINSHADOW GRO\JP LLC proposes to commercially operate DJI Phantom 3 UAS fdr the special purpose ofconducting aerial video and photography over certain
areas ofUnited States, pursuant to the following specific operating limitations. 1. Operations authorized by this grant of exemption will be limited to the following

· aircraft desdi.bed in the operating documents, rotorcraft 

## uAs weighing less than 55

pounds maximum gross weight: DJI Phantom 3 Unmanned Aircraft Systems. Proposed operations of any other aircraft will require a new petition or 

# apetition to amend this grant.

122. UAS

### oper~tionsunderthis exemptioil will belimitedto conducting operations for the purpose ofaeriai video and photography. · ' ·.· · · · 3. The UAS maynot be flown at 

### an indicated airspeed eXceeding 20 knots. 4. The UA must be operated at an altitude,

## ofno more than 400 feet above ground level

. (AGL), as indicatedby the procedures, specified ih the operating documents un1ess a**spe~ial** request is made and approved byATC. All altitudes reported to ATC mustbe in

feet AGL. · · ' ' · · '

. · · 5. The UAS mustbe operated witpinvisualline ofsight (VLOS) ofthe

### PIC at all times. This requires the PIC to beable

# to ·use

### 'h~Hnari vision unaided by any device other than corrective lenses, as specified on the PIC's FAA-issued airman medical certificate. 6. Theuse offirst

### personvi~w (FPV)bythe PI Corsafetyobserver (SO) is notpeimitted. 7. All operations m;ust**utilizea·saf~~y·observer** 

### (Sp):**Th~** 

## s·o maybe\isM to'satisfy the VLOS requirement as'long as the PIC always'maihtains VLOS**'capability~** The SO and PIC .must be ab}.e to communicate verbally.at ali'times'. Eledroriicmessaging or'texting is not pertD:itted, duringflight operations. The P1C must be designated before the flight and cannot transfer his or ,her designation for the duration ofthe'flight. The PIC must
ensure that the"S.O

### c~n perforirdhe

### fu11ctio~s.prescribed in-theoperating documents. 8. The 

## so' must not perfoim any other duties b'eyond assisting the PIC with seeing arid avoiding· other air traffie and other 'grmmd 1Jased, obstaCles/obstructions and is not permitted to operate the camera'**0~ oth~r**  instruments. '

.,· ' ' ' '

. 9. The operating documents and the grant ofexemptio'n mustbe accessible during UAS operations and made available to the Administratorupon**request~** Ifa discrepancy exists between the conditions and limitations**~o'nta,ine,d** in the grant of exemption and the procedur:es outlined in

. the operating q()cvimints, tlie conditions and limitations

.. containedin the grantofe.xemption take**'preced~nce** anq must be followed. Otherwise;

the operator must 'follqw the procedures 

### as, outlined 

### 'il1' its ,operating documents. The operator mayupdate orrevise its operating

### do~riments. 

### Itis the operator's responsibility

·' .• • .! ! "' ,'

. '

. to track such revisions and present updatedand revised documents to· the Administrator upon request.

.The operator 1nust also

### pr~~ent updated and revised documents if it petitions for· extension or amend111ent to ·the. grant· of ·.exemption. If the·· operator determines that any update or,

### re~lsion wouLd

### ~ffect .the b.asis upon which the FAA granted the exemption; then the operator,must petition for amendmentto its'grant of exemption. The.FAA's UAS.'Integratlon,Office'(AFS_-80) riuiybe co"niacted ifquestions arise regarding updates orrevisionsto the operating documents. · · ·

10. Prior to each flight the PIC must inspect the UAS to ensure thatit is in a condition for safe flight. Ifthe inspectionreveals a conditionthat affects the safe operation ofthe UAS, the aircraft is prohibited from operatinguntil the necessarymaintenancehas been performed and theUAS is found to beina conditionfor safe flight. The Ground Control Station**mu~t"be** included jn the preflight**insp~ction.** All.maintenan9e and alterations must beproperly**document~d** in the aircraft records. · . ·

11. Any UAS that has undergone maintenance or alterations that affect the UAS operationor :flight**characteristi~s,** e.g, replacement o(a flight critica,l component, must undergo a funGtional test flight. The PIC who conducts the,.functional test flight must

•

. • •

. • '

. <t < make an.entryin**th~ aircra~**  records. ·

1312. The pre-flight inspection must account for all potential discrepancies, e.g. inoperable components, ·items, or equipment, not already covered in the relevant sections ofthe operating documents. · 13. The operator must follow the UAS manufacturer's aircraft/component, maintenance, overhaul, replacement, inspection, and life limit requirements. 14. The operator must carry out its maintenance, inspections, and record keeping

**requirements~.** in

**accord~nce** with the operating documents. Mainteml.nce, inspection, alterations, and status ofreplacement/overhaul component parts must be noted in the aircraft



### r~cords, inclriding total time in ser\rice, description ofworkaccomplished, and the signature ofthe authorized person returning the UAS to service.

. 15. EachUAS operatedunderthis exemptionmust complywith all manufacturer Safety

Bulletins. · · ·

. 16. theauthorized personmust



### mak~ an entry in the aircraft record ofthe corrective action taken against discrepimcies discovered betweeninspections. 17. The PIC must possess at least a private pilot certificate and at least a clirrent thirdclass medical certificate. · 18. The operatormaynotperinit anyPIC to operateunless the PIC meets the operator's qualification criteria and demonstrates the abilityto safelyoperatetheUAS in a manner consistent with how the UAS'will be operated under the exemption, including evasive and emergency maneuvers and maintaining appropriate ·distances from persons, vessels, vehicles and structUres. PIC qualification flight hours must be logged in a manner consistent with 14 C.P.R. § 61.51(b). Flights for the purposes oftraining the operator's PICs are permitted under 'the terms of the exemption. However, training operations may onlybe conducted during dedicated training sessions. During training, proficiency, and experience-building

**flights~** 'all persons not essential for flight operations are considered nonparticipants, and the 

### PiC must operate the UA with appropriate distance ftbm nonparticipants in accordance with 14C.F.R. 

### § 91.119. 19. UAS operations may not be conducted during night, as defined in 14 C.P.R. § 1.1. All operations must be conducted under visual m'eteorologiCal 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 'flight rules (SVFR) are not authorized. · · - · ·· 20. The 

### DAmaf not 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 NOT AM as requiredbythe operator's COA. The letter ofagreement withthe airportmanagementmustbemade available to theAdministratoruponrequest. 21. The UA may not be operated less than 500 feet below or less than 2,000 feet horizontally from a cloud or when visibility is less than 3 statute miles from the PIC. 22. Ifthe UA loses communications or loses its GPS signal, it must return to a predetermined location within the planned operating area and land or be recovered in accordance with the operating documents. 23. The PIC must abort the flight in the event ofunpredicted obstacles or emergencies in accordance with the operating documents

.



# . '

1424: The PIC is prohibited from

### beghinirig~ flight uniess (considering

### ,~ind and forecast weather conditions) there is enough powerto fly**a~** normal cruising speed to the**inte~ded** landing point,and land the UA

# with**25~** batterypower remaining. 

### 25. The operatormust :obtain an Air Traffic Organization (ATO)**is~ued** Certificate of Waiver or Autl}orization (COA) prior to conducting any operations under the grant of exemption. This CO-A- will**11~s()** require *he**oper~tor** 'to**r~quest** aNotice to Airman (NOTAM) not m()re than 7'2,. hours In advance,"but not less than 48 hours prior to the operation. All operatibns shallbe condticted in'accordance with airspace requirements in the ATO issued COA inchiding class of airspace, altitude level and potential transponder requirements.

. . · . 26. All aircraftoperated in accordance with the exemption mustbe identified by serial number, registeredin accordance with 14 C.F.R. part 47, and pave idtmtification (NNumber) markings in accordance with 

## 14 C.P.R. part 45, SubpartC. Markings mustbe as large as practicable. · , · · ··. · . · . · ' 27. Before conducting operations, the radio frequency spectruin used for operation and control ofthe ,UAmust comply with the.Federal Communicatiolis Commission (FCC)
or other appropriate government oversight agency requirements. 28. Thedocuments required fewer than 14C.F.R.'91.9 and 91.203 mustbe available to the PIC at th¢ Ground O;mtrol Station o(the.UAS anytimetheQAS is operating. These documents mustbemade**availabh~** to theAchninistrator ()r anylaw enforcement official upon request. · , · · 29. The UA mustremain clear and yield the right of way to all manned aviation operations and activities at all times. · . . . · 30.The UAS may not beopenitedbyt}le PiCfrom anymoving device-or vehicle. 31. Flight operations must

# be.**co,~ducied.,~t~east** 5Q() feet from all nonparticipating persons (persons otherthanthe PIC,SO,**oper~tor**trainees oressentialpersons), vessels, vehicles, and structure&.unle&s: · .. · · . ·. , · · a. Barriers or,structUres 

# are present that' sufficiently protect nonparticipating .persons frotn the UA**an~llor** debris in.the**e~ent** ofan accident. The operatormust
ensure that no:oparticipating personsremCJinunder such protection. Ifa situation arises where nonparticipating persons leave such protection and are within 500 feet ofthe UA, flight operations must Gease immediatelyand/or;

### .b~ The aircraft is' operated near vessels,

### ~ehiGles'**o~** structures where the owner/controller of such vessels, vehicles or structures has granted permission and the PIC has made a safety assessment oftherisk ofoperating closer to those objects and deterln1ned that it**doe~** not present an undue hazard, and;
c. Operations nearer to the PIC, SO, operatortrainees or essential persons do not present an undue hazard to tho&e persons per § 91.119(a). 32. All operations shall be.conducted over**priv~te** or controlled-access property with permission from. the land owner/controller or authorizeq representative. Permission from land owner/controller or authorized representative will be obtained for each flight to beconsfucted, 33. Any incident, accident, or flight operation that transgresses the lateral or vertical boundaries ofthe 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

15reported to the National Transportation Safety Board (NTSB) per instructions contained on the NTSB Web site: www.ntsb.gov.

2. Reasons WhyAn Exemption From The Requirements O(Section 61.113(a) And (b) Would Not Adversely Affect Safety. · .· · .· · VINSHADOW.GROUP LLC ·submits that the equivalent level of safety established by Section 61.113(a) and (b) will be maint;:tined because no PIC will be allowed to operate the DJI Phantom 3 UAS unless that PIC has

**deinonst;r~ted,** by.

**md~ting'** minimum flight-hour and currency requirements, that the PIC is able to 'safelyoperate the 

## .dn Phantom 3 UAS in a maimer consistent with the exemption, including evasive and emergency maneuvers and maintaining appropriate distances from people, vessels, vehicles and structures.

. Considering VINSHADOW GROUP LLC's proposed area, of operations, and the operating limitations set fqrth-above; · the· parallel nature of private pilot aeronautical knowledge requirements to those of commercial pilot requirements (See Exemption No. 11062); and the airmanship skills necessary to safely operate the DJI Phantom 3 UAS, VINSHADOW GROUP LLC submits that the additional manned airmanship experience of a commercially certificated pilot would not correlate to the airmanship skills necessary for VINSHADOW GROUP LLC's specific proposed flight operations. The FAA ha; 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, 11066; 1'1067, 11080, 11109, 11110, 11112, 11136,11138, 11150, 11153, 11156, 11158, 11159, 11160, 11161).

. VINSHADOW GROUP LLC will not allow anyPICto operate the DJI Phantom 3 UAS unless that PIC has demonstrated, by meeting minimum flight-hour requirements ot the DJI Phantom 3 UAS training and currency requirements; thatthe PIC is able to safelyoperate the DJI Phantom 3 UASinamaimer consistent withthis exemp#on, inCluding evasive·and emergencymaneuvers and maintaining appropriate distances frompeople,' vessels, vehicles and structures. Specifically, the PIC must have accumulated and logged, in a manner consistent with 14 C.F.R. § 61.51(b), 25 hours oftotal time as a UAS rotorcraft pilot (with a minimum of 5 hours ofthose hours as 

## aUAS pilot operating the same make·and model o(UAS to be usedfor operations under the exemption)

.. In addition to the hour requirements, the .PIC must accomplish 3 takeoffs and landings in the preceding90 days (for curtencyp1Jrposes). ' As in Exemption Nos

.. 11062, j 1'138, and 

### 1'1 153, prior documented flight experience that was obtained in corilpliance with'applicable regulations will ensure anequivalentlevel ofsafety during VINSHADOW GROUP LLC's proposed operations. The Administrator has held that prior documented flight experience that was obtained 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 ofmotion picture filming (or similar operations), the PIC must have accumulated and logged, in a manner consistent with 14 CFR 61.51 (b), 25 hours oftotal time as aU AS rotorcraft pilot including at least 10 hours logged as a UAS pilot witha multi-rotor UAS. Prior to operations under Exemption No. n062, the PIC must also have accumulated and logged a minimum of5 hours as a UAS pilot operating the same make and model ofUAS 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 maybe included in the 10 hours ofmulti-rotor time and the 10 hours maybe included in the total 25 hours ofUAS rotorcraft time. In addition to the hourrequirements,

16

### the PIC must accomplish 3 takeoffs 

## and**l~dings** in the preceding 90days (for currency purposes). The FAA finds that at a minimum, the fli!iht-hour requirefuents in Exemption No. 11062 are appropriate to_practice and build proficiency in the skills necessaryto**saf~ly** 

### conduct the petitioner's proposed operations. The FAA also finds that prior documented flight experiencethat was obtained incompli;mce with applicableregulations would satisfy this requirement. Traini.ng, 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-building flightsthe PIC is**req~ired** 

### to operate the UA with appropriate distances in accordance with 14 C.F.R 91.119. · Exemption No. 11138 at page 15. · · · Accordingly, VINSHADOW GROUP 'LLC will ensure safe operations by not allowing any PIC to operate the DJI Phantom 3 UASunless that PIChasdemonstrated, bymeeting minimum flighthour and currency requirements, that the PIC is able to safely operate the DJI Phantom 3 UAS in
a manner consistent with the exemption, including evasive and emergency maneuvers 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.

. . . . .. . . . . . 

### The equivalent level ofsafety established by Section 9l.:?;(a) 

# will be maintained because prior to every flight, VINSHADOW GROUP LLC will ensure that.the DJI Phantom 3 VAS is in an airworthy conditionbased upon the UAS's compliance with its operating documents and as stated in the conditions and limitations herein.

. Additionally, the FAA has previously. granted relief:'fiorh Section 91.7(a) specific toUAS, iri circumstances.similar, in allmatenal·respects, to those presented herein (e.g. Exemption Nos, 11062, 11063, 11064, 11065, 11066, 11067, 11080,,11109, 11110, 11112,11136, 11138, 11150, 11153,11156,11157,11158,11159, 11160,1(161). <,' • ' •
4.

## ~easons Why An Exemption From The

## R~qui~~lllents Of Section 91.121 Would Not Adversely Affect Safety. · · · . . . .**~** . 

### The equivalent level of safety established**py,'Se~tior·** 

### 91.12J will be maintained because the altitude information ofthe DJI ,Phantom 3 UAS• will be provided to the PIC via GPS equipment and a radio comriiunications telemetry data link, which downlinks from, theUA to the GCS for active monitoring of the flight path and altitude. This altitude information, combined with VINSHADOW GROUP LLC's operation ofthe DJI Phantom 3 UAS withinvisualline ofsight, at orbelow 400 feet AGL, will ensure a level ofsafety equivalent to Section 91.121. The altitude informationwill be generatedbyGPS equipmentinstalled onboardthe aircraft. Priorto each flight,
a zero altitude initiation point is automatically established bythe l]AS at ground level. The FAA has 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, 1H 

### 12, 11136, 11138, 11150, 11153, 11156, 11157, 11158,11159, 11160.,.11161).

5. Reasons Why An Exemption From The Requirements OfSection 91.151(b) Would Not Adversely Affect Safety. 

### A grant ofthis exemption would ensure an equivalent level of safety established by 14 C.F.R. Section 91.151(b) as a result of(1) the technical specifications ofthe DJI Phantom 3 UAS; (2) the

17limitations ontheproposed flight operations; and (3) the location oftheproposed flight operations. Accordingly, VINSHADOW GROUP LLC. will ensure that it will safely .operate the battery powered DJI Phantom 3 UAS during daylighthours inVFRconditions,withenoughbatterypower to fly for a total duration of23 minutes.

. ·· · Here, as in Exemption No.ll109,.the technical specifications ofthe DJIPhantom 3 UAS; the limitations on the proposed .flight operatiqns; and the location of the proposed operations, will
ensure an equivalent level of

**s~fetYestab.Ush,ed** by 14 C.F.R., Section

**91.~51(b).** Furthermore, safety will be ensured as the DJLPhanto;m 

### 3 UAS proyiqe audible and visual warnings to the PIC at the GCS when the UAS experiences



### lo~ 

# . battery voltage, the first warning occurring at approximately 33% remaining battery power, and again at approximately 10% remaining battery power. At the critically low battery level, the. DJI Phantom 3 UAS will descend and land automatically. Significantly, previous exemptions granted by the FAA conce11;1i.ng Section 91..151 establish that safety is not adversely affected when the technical characteristics and operating limitations ofthe 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, q136, 11138,11150,11153,.1.1156,11151,11158,11159, 11160;1116l).

6. Reasons Why An Exemption From The Requirements Of Sections 91.405(a), 91.407(a)(l), 91.409(a)(l) & (a)(2), And 91.417(a) & (b) Would Not Adversely Affect Safety.

. · · · · · · In seekingthis exemption, VINSHADOWGROUP. LLC submits.tl;lqtthe equivalent level ofsafety with regard to the regulatory maintenanceand alteration requiren1ents established by Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) &. (a)(2), and 91.417(a) & (b) will be met because VINSHADOW GROUP LLC will use trained technicians to



### perfo~ maintenance, alterations, or preventive maintenance onthe UAS using themethods, techniques, and practices prescribed inthe operating documents (i:e., VINSHADOW GROUP LLC Aerial Operations Manual, Monthly Maintenance Log, and DJI Phantom 3 Instruction Manual). Furthermore, VINSHADOW GROUP LLC will document and maintain all maintenance records for the DJI Phantom 3 UAS. Since the DJI Phantom 3 UAS 

# will be



### insp~cted as prescribed by the operating documents, VINSHADOW GROUP LLC will maintain the equivalent level ofsafety established by Sections 91.405(a), 91.409(a)(l), and 91.409(a)(2). A copy ofthe DJI Phantom 3 UserManuals are attached hereto as Appendix A and B; a copy ofthe DJI Phantom 3 UAS Maintenance LOG is attached hereto as Appendix C. Likewise, the exemption sought will not adversely affect safety because The ALTEK MEDIA GROUP will use

.trained technicians to perform maintenance, alterations or preventive maintenance on the UAS using the methods, techniques, and practices prescribedbythe operating documents. Furthermore, the exemption sought would maintain an equivalent level of safety established by Sections 91.407, 91.4l7(a) and·9L417(b), because all maintenance oftheDJI Phantom 3 UAS will be performed by trained technicians. Maintenance will be documented and maintained utilizing the monthly maintenance log.

18Significantly, previous exemptions granted by the FAA. concyming Sections 91.405(a), 91.407(a)(l), 91.409(a)(1) 

### & (a)(2), alld 91.417(a) & (b)

### est~blish that safety. is not adversely affected wheri the technical chanicteristics and operating limitations oftheUAS are considered. In consideration ofVINSBADOW GROUP LLC's prpposed operating limitations, the operating documents, and the technical aspects 

## ofthe DJI Phahtoin 

## 3UAS VINSHADOW GROUP LLC submits that safetywill not be adversely affected by**gra~ting** ex.'emptioii from 14 C.F.R. Sections 91.405(a), 91.407(a)(1) and· (a)(2), 91.409(a)(2), 

## arid 91Ai7(a}

### and (b). TheFAA haspreviously granted reliefspecific to UAS in circumstances simifar, in all materialrespects, to those presented herein (e.g. Exemption Nos. 11062, 11063, '11064, 11065, 11066, 11067, 11080, 11109, 11110, 11112, 11136, 11138, 11150, 11153, 11156, 11157, 11158, 11159, 11160, 

## n 161). 7. The FAA May Prescribe Any Other Conditions For Safe Operation. In accordance with Section 333 ofthe FAA Modernization and Reform Act of2012 (FMRA) and 14 C.F.R. § 21.16 entitled SpecialConditions, VINSHADOW GROUP'LLCrequests thatthe FAA prescribe special conditions for the intended operation 

### Ofthe DJI Phantom 3 UAS, which contain such safety standards thatthe Administratorfinds necessaryto establish a level ofsafety equivalent to that established by 14 C.F.R. Part 21, Subpart 

### H, and 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). Such special conditions will permit safe 'operation ofthe UAS for the limited purpose of conducting aerial video and photography over certain areas ofthe United States·for compensation. or hire. FMRA Section 333 sets forth therequiterrients'for considering

### ~hether a UASwill 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 l)AS to operate without airworthiness certification in accordance with anyrequirements that inustbe established for the safe operation ofthe UAS in the NAS. Likewise,

. the Admi.pistrator 

### may. ,prescribe special

. conditions pursuant to · 14 C.F.R. § 21.16, for' operation of'the DJi Phantom3l)AS, since the airworthiness regulations of 14 C.F.R: Part 21 do not contain adequate 'or appn;)pn,ate safety standards,

# due to the novel orunusual design features ofthe aircraft. Sectiol). 21.16, entitled Special Con.Qitioris, states the following:

. If the FAA finds that the

### ain\rorthiri~ss regaJatiob.s of this subchapter do not contain

adequate or appropriate

.safety standards for

.an'aircraft, .aircraft' engine, or propeller because ofa novel or un_usual design featUre o(the aircraft, aircraft engine or propeller, he prescribes

.special .·**con<;lit~ons** and amendmeri.ts 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 engine or propeller as the FAA ·finds necessary to establish a level ofsafety 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 conditions for Leading Edge's intended operation of the DJI Phantom 3 UAS, which contain such safety standards that the Administrator finds necessary to establish a level of safety equivalent to that established by 14 C.F.R. Part 21, Subpart H, and 14 C.F.R Sections 61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(l), 91.409(a)(l) & (a)(2), and 91.417(a) &, (b).
• A :Su.mmary ;fha..t Can Be Published In J;'he Federal·l{egister, stating: The Rules From**Whic~** VINSHADOW GROUP LLG Seeks**E;x:emptio~:**

. . : . . . VINSHADOW GROUPLLCseeks exemptionfrom the requirements of 14 C.F.R Sections 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).

19A BriefDescription OfThe Nature OfThe Exemption VINSHADOW GROUP LLC Seeks: This exemption will permit VINSHADOW GROUP LLC to commercially operate an Unmanned Aircraft System (UAS) for the purpose of conducting aerial video and photography over certain areas of the United States.

• Any Additional Information, Views, Or Arguments Available To Support VINSHADOW GROUP LLC's Request. This Petition is made pursuant to the FAA Modernization and Reform Act of2012 (FMRA) Section 333, which directs the Secretary ofTransportation to determine ifcertain UAS may operate safely in the NAS. As such, VINSHADOW GROUP LLC's request for exemption maybe granted pursuant to the authority ofFMRA Section 333 and 14 C.P.R. Part 11, as set forth above. FMRA Section 333 sets forth therequireme:t,J,ts, for

**consid~ring** whether aU AS will create a hazard to users of the NAS or the p{iblic, dr otherwise pose 

# athreat 

### to national security; and further, provides the authority for such UAS to operate without airworthiness certification. As discussed in detail above VINSHADOW GROUP LLC will operate the DJI Phantom 3 UAS safely in the NAS, without creating a hazard to users ofthe NAS, or the public, or otherwise pose a threat to national security. CONCLUSION As set forth herein, VINSHADOW GRQUP LLC seeks an exemption pursuant to 14 C.P.R. § 11.61

**~nd** Section 333 ofthe 

## FAA Modernization arid Reform Act of2012 (FMRA), which will permit safe operation of the DJI Phantom 3 UAS ·commercially, without an airworthiness certificate, for the limited purpose ofconducting aerial video and photography over certain areas of the United States. By granting this Petition, the FAA Administrator will be fulfilling the Congressional mandate ofthe FAAModernization and Reform Act of2012, while also advancing the interests ofthe public, by allowing VINSHADOW GROUP LLC to safely, efficiently, and economically operate the DJI Phantom 3 UAS cqmmercially within the NAS. WHEREFORE, in accordance with the Federal Aviation Regulations and the FAA Modernization and Reform Act of2012,.,Section 333, VINSHADOW GROUP LLC respectfully requests thatthe 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, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b), and permit Leading Edge to operate the DJI Phantom 3 UAS commercially for thepurpose ofconducting aerial video andphotography over certain areas ofthe United States, Dated: July 5 2015 · Respectfully submitted,

David B Hogan President VinShadow Group LLC 648 W Watersville Rd Mount Airy, Maryland 21771 (301)-829-9357 dbh@vinshadow.com. Appendices: A- Link to DJI Phantom 3 Manual: Clickon linkbelow,http://download.djiinnovations.com/downloads/phantom 3/en/Phantom 3 Professional User Manual vl.2 en.pdf
20