1 UNITED STATES OF AMERI CA DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION

WASHI NGTON, DC

Regulatory

Docket No.

______________

**IN THE MATTER OF THE PETITION FOR EXEMPTION**  **OF :** 

**STATIC ELECTRIC FOR AN EXEMPTION SEEKING RELIEF 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)(1), 91.409(a)(1) & (a)(2), AND 91.417(a) & (b)**  **CONCERNING COMMERCIAL**  **OPERATION OF**  **DJI Phantom 3 Professional UNMANNED AIRCRAFT SYSTEMS**  **PURSUANT TO SECTION 333 OF**  **THE FAA**  **MODERNIZATION AND REFORM ACT OF 2012** 

**(PUBLIC LAW 112** 

**- 95)** 

**Submitted on J uly**  **13 ,**  **2015** STATI C ELECTRIC 551 Trust drive Bayfi eld, CO 81122 505

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- 35922 **TABLE OF CONTENTS**  Page GLOSSARY OF ABBREVIATIONS 3 SUMMARY 4 IN TRODUCTION AND INTERESTS OF PETITIONER 4 BACKGROUND 4 BASI S FOR PETITION 5 NAME AND ADDRESS OF PETITIONER 6
THE SPECIFI C SECTIONS OF 14 C.F.R. FROM WHI CH STATIC ELECTRI C SEEKS EXEMPTION 7
THE EXTENT OF RELIEF STATIC ELECTRIC SEEKS AND THE REASON STATIC ELECTRIC SEEKS THE RELIEF 10
THE REASONS WHY GRANTING STATIC ELECTRIC ’ S REQUEST WOULD BE I N THE PUBLIC INTEREST 13
THE REASONS WHY GRANTING THE EXEMPTI ON WOULD NOT ADVERSELY AFFECT SAFETY 15
SUMMARY THAT CAN BE PUBLISHED IN THE FEDERAL REGISTER 27 ANY ADDITIONAL INFORMATION, VIEWS, OR ARGUMENTS AVAILABLE TO SUPPORT STATI C ELECTRIC REQUEST 27
CONCLUSION 28
APPENDICES 283 **GLOSSARY OF ABBREVIATIONS**  AGL Above Ground Level AOI Area of Interest ATC Air Traffic Control ATO Air Traffic Organization AV Aerial Vehicle CFR Code of Federal Regulations COA Certificate of Authorization FAA Federal Aviation Administration FAR Federal Aviation Regulation GCS Ground Control Station
GPS Global Positioning System LO L Lo ss of Link NAS National Airspace System NOTAM Notice to Airman
PIC Pilot In Command Section 333 FAA Modernization and Reform Act of 2012 (FMRA)
SO Safety Observer
SOP Standard Operating Procedures
UA Unmanned Aircraft
UAS Unmanned Aircraft System VFR Visual Flight Rules
VLOS Visual Line of Site
VMC Visual Meteorological Conditions
VTOL Vertical Takeoff and Landing4 **SUMMARY** STATI C ELECTRIC seeks 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), to operate an Unmanned Aircraft System pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (FMRA). This exemption will permit STATI C ELECTRIC to operate an Unmanned Aircraft System (UAS) for the commercial purpose of conducting aerial video and photography of construction sites, real estate, landscaping and farming areas, and utility line inspection and construction support in certain areas of the United States.

**INTRODUCTION AND INTERESTS OF THE PETITIONER**  STATI C ELECTRIC provides their clients with expertise and knowledge in electrical construction projects. The objective of STATIC ELECTRIC i s to incorporate the use of (UAS) to support electrical contractors, cl ients as well as the utility , farming, search and rescue and real estate industry with aerial videos and photography to increase productivity as well as improving safety and supporting timel y assistance in the repairs of interrupted power sources. The owne r , Scott Erickson , is a licensed electrical contractor with 37 years electrical utility

experience. STATIC ELECTRIC will provide high quality aerial imaging for a variety of commercial, public, and residential usage , targeting:

• Construction both commercial and private sites before and after

• Real

- estate marketing

• Electric Utilities

• Landscaping and F arming

• Search and Rescue operations

**BACKGROUND** Unmanned Aircraft Systems: DJIPhantom 3 Professional STATI C ELECTRIC seeks an exemption to operate DJ I systems for compensation or hire within the NAS. The DJI Phantom 3 Professional is a vertical takeoff and landing (VTOL) Unmanned Aircraft (UA) with a Ground Control Station (GCS) utilizing electronic tablet or smart phone systems. The DJ I Phantom 3 Professional has a gross weight less than 10 pounds, a diagonal length of 23 inches, and a maximum speed of approximately

36 knots. The DJ I Phantom 3 Professional UAs are equipped with four main rotors; driven b y Li thium Poly mer battery

powered electric motors.5

The DJ I Phantom 3 Professional that will be operated by STATIC ELECTRI C 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 Registration Marking

. **BASIS FOR PETITION**  Petitioner, STATI C ELECTRIC , pursuant to the provisions of the Federal Aviation Regulations (14 C.F.R. § 11.61) and the FAA Modernization and Reform Act of 2012 (FMRA), Section 333, Special Rules for Certain Unmanned Aircraft Systems , hereb y petitions the Administrator to commercially operate the DJIPhantom 3 Professional UASs 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 of the speed, weight, size, and limited operating area associated with the unmanned aircraft and its operation, STATI C ELECTRIC operation of DJI Phantom 3 Professional and UASs meets the conditions of FMRA Section 333 and therefore, will not require an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H. Accordingl y, STATIC ELECTRIC requests relief from Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b), as these sections set forth requirements for maintenance that onl y apply to aircraft with an airworthiness certificate. STATI C ELECTRIC submits that the requested relief is proper since an equivalent level of safety will be ensured. STATI C ELECTRIC will use experienced personnel or technicians to perform maintenance, alterations, or preventive maintenance on th e UASs using the methods, techniques, and practices prescribed in the operating documents (i.e., Monthly Maintenance Lo g, and DJ I Phantom 3 Professional In struction Manual). Furthermore, STATIC ELECTRIC will document and maintain all maintenance records fo r the DJ I Phantom 3 Professional UASs. Relief from certain requirements of Section 61.113(a) and (b), entitled Private pilot privileges and limitations: Pilot in command, is requested by STATI C ELECTRIC to the extent necessary

to allow a Pilot in Command (PI C) holding a private pilot or higher level certificate, as well as an airman medical certificate, and who has demonstrated, by meeting minimum flight

- hour and currency requirements, that the PIC is able to safel y operate the DJ I Phantom 3 Professional UASs in a6

manner consistent with this exemption, including evasive and emergency maneuvers and maintaining appropriate distances from people, vessels, vehicles and structures. STATI C ELECTRIC seeks relief from Section 91.7(a), entitled Civil aircraft airworthiness , because the DJIPhantom 3 Professional UASs do not require an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H. As such, STATI C ELECTRIC w ill ensure that the DJ I Phantom 3 Professional UASs are in an airworthy condition, prior to every flight, by determining that the UASs are in compliance with the operating documents (i.e., Monthly Maintenance Log, and DJ I Phantom 3 Professional Instruction Manual), and that the aircraft are in a condition for safe flight.
STATI C ELECTRIC also seeks an exemption from the requirements of Section 91.121, entitled Altimeter Settings , as the DJ I Phantom 3 Professional UAs will not have a typical barometric altimeter onboard. However, altitude information o f the DJ I Phantom 3 Professional UAs will be provided to the PIC via Global Positioning System (GPS) equipment and radio communications telemetry data link, which downlinks from the UA to the GCS for active monitoring of the flight path. This altitude information, combined with STATIC E LECTRIC ’s operation of the DJI Phantom 3 Professional UASs within visual line of sight, at or below 400 feet AGL, will ensure a level of safety equivalent to Section 91.121. Additionally , STATI C ELECTRIC seeks an exemptio n from the requirements of Section 91.151(b), entitled Fuel requirements for flight in VFR conditions

. STATIC ELECTRI C submits that safety will not be affected by operation of the DJ I Phantom 3 Professional UAs 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 13.5 minutes to the first point of intended landing and, assuming normal cruising speed, to fl y after that for at least 4.5 minutes. In accordance with 14 C.F.R. § 11.81, STATI C ELECTRIC provides the following information in support of its petition for exemption:

**A. Name and Address of**  **STATIC ELECTRIC Owners**  **/Operator** SCOTT E ERICKSON 551 Trust Drive Bayfi eld, CO 81122 50 5

- 330

- 3592 deuce.03@hotmail.com7

**B. The Specific Sections Of 14 C.F.R. From Which**  **STATIC ELECTRIC Seeks**  **Exemption.**

**1. STATIC ELECTRIC**  **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 the following, in relevant part: (a) No person who holds a private pilot certificate may act as a pilot in command (PI C) of an aircraft that is carrying passengers or property for compensation or hire; nor may that person, for compensation or hire, act as PIC of an aircraft. (b) A private pilot may , for compensation or hire, act as PI C of an aircraft in connection with any business or employment if

— (1) The flight is onl y incidental to that business or employment; and (2) The aircraft does not carry passengers or property

for compensation or hire.
**2. STATIC ELECTRIC**  **Seeks Exemption From The**  **Requirements Of**  **Section 91.7(a).**  Section 91.7, entitled Civil aircraft airworthiness , subsection (a), states the following: (a) No person may

operate a civil aircraft unless it is in an airworthy condition.
**3. STATIC ELECTRIC**  **Seeks Exemption From The Requirements**  **Of Section**  **91.121.** Section 91.121, entitled Altimeter settings, subsection (a), states the following, in part: (a) Each person operating an aircraft shall maintain the cruising altitude or flight level of that aircraft, as the case may be, by reference to an altimeter that is set, when operating

-- (1) Below 18,000 feet MSL, to

-- (i) The current reported altimeter setting of a station along the route and within 100 nautical miles of the aircraft;8 (ii) If there is no station within the area prescribed in paragraph (a)(1)(i) of this section, the current reported altimeter setting of an appropriate available station; or (iii) In the case of an aircraft not equipped with a radio, the elevation of the departure airport or an appropriate altimeter setting available before departure.
**4. STATIC ELECTRIC**  **Seeks Exemption From The**  **Requirements Of Section 91.151(b).**  Section 91.151, entitled Fuel requirements for flight in VFR conditions , subsection (b), states the following: (b ) No person may begin a flight in a rotorcraft under VFR conditions unless (considering wind and forecast weather conditions) there is enough fuel to fly to the first point of intended landing and, assuming normal cruising speed, to fly after that for at least 20 minutes. **5. STATIC ELECTRIC**  **Seeks Exemption From The Requirement Of**  **Section 91.405(a).**  Section 91.40 5, entitled Maintenance required, subsection (a), states the following: Each owner or operator of an aircraft

— (a) Shall have that aircraft inspected as prescribed in subpart E of this part and shall between required inspections, except as provided in paragraph (c) of this section, have discrepancies repaired as prescribed in part 43 of this chapter.
**6. STATIC ELECTRIC**  **Seeks Exemption From The Requirements Of**  **Section 91.407(a)(1)**  Section 91.407, entitled Operation after maintenance, preventive maintenance, rebuilding, or alteration , subsection (a)(1), states the following: (a) No person may

operate any

aircraft that has undergone maintenance, preventive maintenance, rebuilding, or alteration unless

-- (1) It has been approved for return to service by a person authorized under § 43.7 of this chapter. **7. STATIC ELECTRIC**  **Seeks Exemption From The Requirements Of**  **Sections 91.409(a)(1) And 91.409(a)(2).**  Section 91.409, entitled Inspections , subsection (a), states the following:9 (a) Except as provided in paragraph (c) of this section, no person may operate an aircraft unless, within the preceding 12 calendar months, it has had

-- (1) An annual inspection in accordance with part 43 of this chapter and has been approved for return to service by a person authorized by § 43.7 of this chapter; or (2) An inspection for the issuance of an airworthiness certificate in accordance with part 21 of this chapter.
**8. STATIC ELECTRIC**  **Seeks Exemption From The Requirements Of**  **Sections 91.417(a) And 91.417(b).**  Section 91.417, entitled Maintenance records , subsections (a) and (b), state the following: (a) Except for work performed in accordance with §§ 91.411 and 91.413, each registered owner or operator shall keep the following records for the periods specified in paragraph (b) of this section: (1) Records of the maintenance, preventive maintenance, and alteration and records of the 100

- hour, annual, progressive, and other required or approved inspections, as appropriate, for each aircraft (including the airframe) and each engine, propeller, rotor, and appliance of an aircraft. The records must include

-- (i) A description (or reference to data acceptable to the Administrator) of the work performed; and (ii) The date of completion of the work performed; and (iii) The signature and certificate number of the p erson approving the aircraft for return to service. (2) Records containing the following information: (i) The total time in service of the airframe, each engine, each propeller, and each rotor. (ii) The current status of life

- limited parts of each airframe, engine, propeller, rotor, and appliance. (iii) The time since last overhaul of all items installed on the aircraft which are required to be overhauled on a specified time basis.10 (iv) The current inspection status of the aircraft, including the time since the last inspection required by the inspection program under which the aircraft and its appliances are maintained. (v) The current status of applicable airworthiness directives (AD) and safety directives including, for each, the method of compliance, the AD or safety directive number and revision date. If the AD or safety directive involves recurring action, the time and date when the next action is required. (vi) Copies of the forms prescribed by § 43.9(d) of this chapter for each major alteration to the airframe and currentl y installed engines, rotors, propellers, and appliances. (b) The owner or operator shall retain the following records for the periods prescribed: (1) The records specified in paragraph (a)(1) of this section shall be retained until the work is repeated or superseded by other work or for 1 year after the work is performed. (2) The records specified in paragraph (a)(2) of this section shall be retained and transferred with the aircraft at the time the aircraft is sold. (3) A list of defects furnished to a registered owner or operator under § 43.11 of this chapter shall be retained until the defects are repaired and the aircraft is approved for return to service. **C. The Extent Of**  **Relief STATIC ELECTRIC**  **Seeks And The Reason STATIC ELECTRIC**  **Seeks The Relief.** 
**1. Extent Of Reli**  **ef STATIC ELECTRIC**  **Seeks And**  **The Reason**  **STATIC ELECTRIC Seeks Relief From Section 61.113(a) And**  **(b).** Relief from Section 61.113(a) and (b) entitled Private pilot privileges and limitations: Pilot in command, is requested to the extent necessary to allow a PI C holding a private pilot or higher level certificate, as well as a current and valid airman medical certificate,11

and who has met certain flight

- hour and currency requirements, to conduct the proposed UAS flight operations for compensation or hire. This relief is requested since the limitations set forth in Section 61.113(a) and (b) state that a private pilot may , for compensation or hire, act as PIC of an aircraft in connection with any business or employ

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

for compensation
or hire. As set forth more full y below, STATI C ELECTRIC submits that an equivalent level of safety will be maintained because no PIC will be allowed to operate the DJ I Phantom 3 Professional UAS unless that PIC has met certain flight

- hour and currency requirements, demonstrating that the PIC is able to safel y operate either the DJI Phantom 3 Professional UAS in a manner consistent with the operations specifications as described in this exemption, including evasive and emergency maneuvers, as well as maintaining appropriate distances from people, vessels, vehicles and structures. Further, STATI C ELECTRIC submits that all flights of the DJ I Phantom 3 Professional UASs, conducted by the PIC pursuant to the grant of this Petition: (1) will be incidental to STATIC E LECTRIC ’s business; and (2) will not carry passengers or property for compensation or hire.

**2. Extent Of Relief**  **STATIC ELECTRIC**  **Seeks And**  **The Reason**  **STATIC ELECTRIC Seeks Relief From Section**  **91.7(a).** Relief from Section 91.7(a) entitled Civil aircraft airworthiness , is requested to the extent required to allow STATIC ELECTRI C to determine that the DJ I Phantom 3 Professional UASs are in airworthy condition prior to every flight by ensuring that the UAS is in compliance with the operating documents (i.e., the STATI C ELECTRIC Aerial Operations Manual, Monthly Maintenance Lo g, and DJIPhantom 3 Professional In structi on Manual).
STATI C ELECTRIC seeks the requested relief because the DJ I Phantom 3 Professional UASs do not require an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H. Therefore, STATI C ELECTRIC will ensure that the DJ I Phantom 3 P rofessional UASs are in airworthy condition based upon its compliance with the operating documents (i.e., Monthly Maintenance Log, and DJ I Phantom 3 Professional Instruction Manual) prior to every flight, and further, determine that the aircraft are in condition for safe flight, as stated in the conditions and limitations below.12 **3. Extent Of Relief**  **STATIC ELECTRIC Seeks And The Reason**  **STATIC ELECTRIC Seeks Relief From Section**  **91.121.** Relief from Section 91.121, entitled Altimeter settings, may be required to allow flight operations of the DJ I Phantom 3 Professional UASs, which utilize a barometric pressure sensor, GPS equipment, and a radio communications telemetry data link to downlink altitude information from the UA to the PIC at the ground control station (GCS). Since the FAA requires that any altitude information concerning UAS operations be reported to air traffic control (ATC) in feet above ground level (AGL), STATIC ELECTRI C seeks the requested relief because the DJ I Phantom 3 Professional UA ’ s altimeter may be set on the ground to zero feet AGL, rather than the local barometric pressure or field altitude, before each flight. Considering the limited altitude of the proposed op erations, relief from 14 CFR 91.121 is sought to the extent necessary to comply

with the applicable conditions and limitations stated below. As more fully set forth herein, an equivalent level of safety will be maintained since the DJ I Phantom 3 Profession al UAs are equipped with a barometric pressure sensor and GPS equipment, which automatically ensures that a ground level pressure setting will be established prior to each flight, and provides the PIC with altitude information of the UA on the heads

- up display of the GCS.
**4. Extent Of Relief**  **STATIC ELECTRIC Seeks**  **And The**  **Reason STATIC ELECTRIC**  **Seeks Relief From Section 91.151(b).**  Relief from Section 91.151(b) entitled Fuel requirements for flight in VFR conditions, is requested to the extent required to allow flights of the battery powered DJ I Phantom 3 Professional UAs during daylight hours in visual meteorological conditions (VMC), under visual flight rules (VFR), for a total duration of 13.5 minutes to the first p oint of intended landing and, assuming normal cruising speed, to fly after that for at least 4.5 minutes. STATI C ELECTRIC seeks the requested relief because without an exemption from Section 91.151(b), the flight time duration of the battery powered DJ I Ph antom 3 Professional UAs will severel y constrain the practicality of any aerial video or still photo flight operations that STATI C ELECTRIC proposes to conduct pursuant to this Petition. Significantl y, as set forth below, the technical specifications of the DJ I Phantom 3 Professional UASs, the DJIPhantom 3 Professional operating documents, and STATI C ELECTRIC ’ s proposed operating limitations, ensure that STATIC ELECTRI C will safel y operate the13

battery powered DJ I Phantom 3 Professional UAs during daylight hours in visual meteorological conditions (VMC), under visual flight rules (VFR), with enough battery power to fl y for a total duration of 13.5 minutes to the first point of intended landing and, assuming normal cruising speed, to fl y afte r that for at least 4.5 minutes.

**5. Extent Of Relief**  **STATIC ELECTRIC Seeks**  **And The**  **Reason STATIC ELECTRIC**  **Seeks Relief From Sections 91.405(a), 91.407(a)(1),91.409(a)(1)**  **& (a)(2), And 91.417(a) & (b).**  Since Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a) (2), and 91.417(a) & (b) only apply to aircraft with an airworthiness certificate, STATI C ELECTRIC requests relief from these Sections because the DJIPhantom 3 Professional UASs do not require airworthiness certificates. As set forth more fully below, the DJ I Phantom 3 Professional UASs meet the conditions of FMRA Section 333 for operation without an airworthiness certificate. Accordingl y, STATI C ELECTRIC will use trained technicians to perform maintenance, alterations, or preventive maintenance on the UASs using the methods, techniques, and practices prescribed in the UAS operating documents (i.e., the STATI C ELECTRIC Aerial Operations Manual, Monthly Maintenance Lo g, and DJIPhantom 3 Professional Instruction Manual). Furthermore, STATI C ELECTRIC will document and maintain all maintenance records for the DJ I Phantom 3 Professional UASs.
**D. The Reasons Why Granting**  **STATIC ELECTRIC Request**  **Would Be In The Public Interest; That Is, How It Would**  **Benefit The Public As A Whole.**  Granting the present Petition wil l further the public interest by allowing STATI C ELECTRIC too safely , efficiently , and economically perform aerial video and photography for contractors, clients as well as the utility, farming, search and rescue and real estate industry

ov er certain areas of the United States. Additionally , use of the DJIPhantom 3 Professional UASs will decrease congestion of the NAS and provide significant benefits to the economy . Notabl y, the benefits of STATI C E LECTRIC ’ s proposed operation of the DJ I Phantom 3 Professi onal UASs will be realized without implicating any privacy issues.

**1. Performing Aerial Video and Photography Operations With The**  **DJI Phantom 3 Professional**  **UASs Will Benefit The Economy.** 
In addition to being safe and efficient, the DJ I Phantom 3 Professional UASs are also an economical alternative to using manned aircraft to conduct similar aerial operations. As such, operation of the DJI Phantom 3 Professional UASs will allow United States based companies, like STATIC ELECTRIC to remain14

competitive and contribute to growth of the U.S. economy . U.S. owned and operated companies must adopt new and alternative technology in order to remain competitive.
**2. There Are No Privacy**  **Issues.** Similar to the manned aerial acquisition fli ght operations that have been conducted for decades, STATIC ELECTRI C proposed operation of the DJ I Phantom 3 Professional UASs will not implicate any

privacy issues. Specificall y, the DJIPhantom 3 Professional UASs will be operated onl y in compliance with operating documents (i.e., the STATI C ELECTRIC Aerial Operations Manual, Monthly Maintenance Lo g, and DJIPhantom 3 Professional 1 Instruction Manual) which requires property owner involvement as well as local law enforcement notification, and in accordance with the Federal Aviation Regulations, including the minimum altitude requirements of 14 C.F.R. § 91.119.
**E. The Reasons Why Granting The Exemption Would Not Adversely Affect**  **Safety, Or How The Exemption Would Provide A Level Of Safety At Least Eq**  **ual To That**  **Provided By The Rule From Which STATIC ELECTRIC**  **Seeks Exemption.** 
**1. Reasons Why The**  **DJI Phantom 3 Professional UAs Meet**  **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 associated with the unmanned aircraft and its operation, STATIC ELECTRI C operation of the DJIPhantom 3 Professional UASs meet the conditions of FMRA15

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 operate without airworthiness certification and sets forth requirements for considering whether a UAS will create a hazard to users of the NAS or the public, or otherwise pose a threat to national security. 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 Secretar y of Transportation shall determine if certain unmanned aircraft systems may operate safely in the national airspace system before completion of the plan and rulemaking required by section 332 of this Act or the guidance required by section 334 of this Act. (b) Assessment of Unmanned Aircraft Systems.

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

-- (1) which types of unmanned aircraft systems, if any, as a result of their size, weight, speed, operational capabilit y, proximity to airports and populated areas, and operation within visual line of sight do not create a hazard to users of the national airspace system or the public or pose a threat to national security; and (2) whether a certificate of waiver, certificate of authorization, or airworthiness certification under section 44704 of title 49, United States Code, is required for the operation of unmanned aircraft systems identified under paragraph (1 ). (c) Requirements for Safe Operation.

--If the Secretary determines und er 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, STATI C ELECTRIC submits that the DJIPhantom 3 Professional UASs can operate safel y in the NAS pursuant to FMRA Section 333, as demonstrated b y: (a) the characteristics of the DJ I Phantom 3 Professional UASs; (b) the pilot certification requirem ent; and (c) the specific operating limitations.

**a. The Specifications Of The**  **DJI Phantom 3 Professional UASs**  **Demonstrate Its Safe Characteristics.** 16

The DJIPhantom 3 Professional UASs do not create a hazard to users of the NAS or the public, or otherwise pose a threat to national security considering its size, weight, speed, and operational capability

.

**i. Technical Specifications Of The**  **DJI Phantom 3 Professional UAS**  **s.** The technical specifications of the DJ I Phantom 3 Professional are set forth by the DJ I Phantom 3 Professional 1 User Manual, attached hereto as Appendix A

.

**ii. The**  **DJI Phantom 3 Professional UASs Autonomous**  **Flight And Navigation Modes Enable The UASs To Remain Within**  **A Defined Operational**  **Area.**
The DJIPhantom 3 Professional UASs may b e operated in both manual and fully autonomous flight modes. A complete description of the flight and navigational modes of the DJ I Phantom 3 Professional UASs is provided in the DJI Phantom Professional User Manual, attached hereto as Appendix A

.

**iii. The**  **DJI Phantom 3 Professional**  **UASs Are Designed For**  **Automatic Return To Home Point Or Hover In The Event Of Loss**  **Of The Control Link Or Navigation.**  When the Control Link is lost, the DJIPhantom 3 Professional UAs will remain stationary , in flight, for 3 seconds or more. If, after 3 seconds, the DJ I Phantom 3 Professional UAs do not reacquire control link data from the GCS, the UAs will assume that the Control Link is lost and the UAs will return to the home position (i.e., fai lsafe mode) via GPS, and will descend to the takeoff position and shutdown. A complete description of the Failsafe Functions of the DJIPhantom 3 Professional UASs is provided in the DJI Phantom Professional User Manuals, attached hereto as Appendix A

. **iv. The**  **DJI Phantom 3 Professional GCS And Its**  **Operation.** A complete description of the operation and specifications of the DJIP hantom 3 Professional GCS and flight control software is provided in the DJI Phantom Professional User Manuals, attached hereto as Appendix A

.

**b. Flight Operations Of**  **DJI Phantom 3 Professional UASs**  **Are Limited To The Line Of Sight Of A Certificated Pilot in Command**  **With A Safety**  **Observer.** STATI C ELECTRIC operators operating under this exemption will be the only operators to act as a pil ot in command (PIC) of the DJ I Phantom 3 Professional UASs. Additionally , a safety observer will assist him during flight time.17 **c. Flights Of**  **DJI Phantom 3 Professional UASs Will Be**  **Conducted Pursuant To Specific Operating**  **Limitations.**
In seekin g this exemption, STATI C ELECTRIC proposes to commercially operate DJ I Phantom 3 Professional UASs for the special purpose of conducting aerial video and photography over certain areas of United States, pursuant to the following specific operating limitati ons:

1. Operations authorized b y this grant of exemption will be limited to the following aircraft described in the operating documents, rotorcraft UASs weighing less than 55 pounds maximum gross weight: DJIPhantom 3 Professional Unmanned Aircraft Systems. Proposed operations of any other aircraft will require a new petition or a petition to amend this grant. 2. UAS operations under this exemption will be limited to conducting operations for the purpose of aerial video and photography. 3. The UAs may not be flown at an indicated airspeed exceeding 35 knots. 4. The UA must be operated at an altitude of no more than 400 feet above ground level (AGL).
5. The UAs must be operated within visual line of sight (VLOS) of the PIC at all times. This requires the PIC to be able to use human vision unaided by an y device other than corrective lenses, as specified on the PI C’s FAA

- issued airman medical certificate.
6. All operations must utilize a safety observer (SO). The SO may be used to s atisfy the VLOS requirement as long as the PIC always maintains VLOS capability . The SO and PIC must be able to communicate verbally at all times.
7. Electronic messaging or texting is not permitted during flight operations. The PI C must be designated before the flight and cannot transfer his or her designation for the duration of the flight. The PIC must ensure that the SO can perform the functions prescribed in the operating documents.
8. The SO must not perform any other duties beyond assisting the PIC with
s eeing and avoiding other air traffic and other ground based obstacles/obstructions and is not permitted to operate the camera or other instruments.
9. The operating documents and the grant of exemption must be accessible during UAS operations and made available to the Administrator upon request. If a discrepancy

exists between the conditions and limitations contained in the18 grant of exemption and the procedures outlined in the operating documents, the conditions and limitations contained in the grant of exemption take precedence and must be followed. Otherwise, the operator must follow the procedures as outlined in its operating documents. The operator may update or revise its operating documents. It is the operator ’ s responsibility to track such revisions and present updated and revised documents to the Administrator upon request. The operator must also present updated and revised documents if it petitions for extension or amendment to the grant of exemption. If the operator determines that any update or revision would affect the basis upon which the FAA granted the exemption, then the operator must petition for amendment to its grant of exemption. The FAA ’ s UAS Integration Office (AFS

- 80) may be contacted if questions arise regarding up dates or revisions to the operating documents.
10. Prior to each flight the PI C must inspect the UAS to ensure that it is in a condition for safe flight. If the inspection reveals a condition that affects the safe operation of the UAS, the aircraft is prohibited from operating until the necessary maintenance has been performed and the UAS is found to be in a condition for safe flight. The Ground Control Station must be included in the preflight inspection. All maintenance and alterations must be properl y documented in the aircraft records.
11. Any UAS that has undergone maintenance or alterations that affect the UAS operation or flight characteristics, e.g. replacement of a flight critical component, must undergo a functional test flight. The PIC who conducts the functional test flight must make an entry in the aircraft records. 12. The pre

- flight inspection must account for all potential discrepancies, e.g. inoperable components, items, or equipment, not already covered in the relevant sections of the operating do cuments. 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 accordance with the operating documents. Maintenance, inspection, alterations, and status of replacement/overhaul component parts must be noted in the aircraft records, including total time in service, description of work accomplished, and the signature of the authorized person returning the UAS to service.
15. Each UASs operated under this exemption must comply with all manufacturer Safety Bulletins.20 16. The authorized person must make an entry in the aircraft record of the corrective action taken ag ainst discrepancies discovered between inspections.
17. The operator may

not permit any

PI C to operate unless the PIC meets the operator’s qualification criteria and demonstrates the ability to safel y operate the UAS in a manner consistent with how the UAS will be operated under the exemption, including evasive and emergency maneuvers and maintaining appropriate distances from persons, vessels, vehicles and structures. PI C qualification flight hours must be logged in a manner consistent with 14 C.F.R. § 61. 51(b). Flights for the purposes of training the operator’ s PICs are permitted under the terms of the exemption. However, training operations may onl y be conducted during dedicated training sessions. During training, proficiency , and experience

-building fli ghts, all persons not essential for flight operations are considered nonparticipants, and the PIC must operate the UA with appropriate distance from nonparticipants in accordance with 14 C.F.R. § 91.119. 18. UAS operations may

not be conducted during night, as defined in 14 C.F.R. § 1.1. All operations must be conducted under visual meteorological conditions (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.
19. The UA may 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 NOTAM as required by the operator’s COA. The letter of agreement with the airport management must be made available to the Administrator upon request. 20. The UA may not be operated less than 500 feet below or less than 2,000 feet horizontally

from a cloud or when visibility is less than 3 statute miles from the PI C. 21. If the UA loses communications or loses its GPS signal, it must return to a pre - determined location within the planned operating area and land or be recovered in accordance with the operating documents.
22. The PIC must abort the flight in the event of unpredicted obstacles or emergencies in accordance with the operating documents.
23. The PIC is prohibited from beginning a flight unless (considering wind and forecast weather conditions) there is enough power to fly at normal cruising21 speed to the intended landing point and land the UA with 25% battery power remaining.
24. All aircraft operated in accordance with the exemption must be identified by serial number, registered in accordance with 14 C.F.R. part 47, and have identification (N

- Number) markings in accordance with 14 C.F.R. part 45, Subpart C. Markings must be as large as practicable.

25. The documents required fewer than 14 C.F.R. 91.9 and 91.203 must be available to the PIC at the Ground Control Station of the UAS any time the UAS is operating. These documents must be made available to the Administrator or any law enforcement official upon request. 26. The UA must remain clear and yi eld the right of way to all manned aviation operations and activities at all times.
27. The UAS may

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

a. Barriers or structures are present that sufficiently protect nonparticipating persons from the UA and/or debris in the event of an accident. The operator must ensure that nonparticipating persons remain under such protection. If a situation arises where nonparticipating persons leave such protection and are within 500 feet of the UA, flight operations must cease immediately and/or; b. The aircraft is operated near vessels, vehicles or structures where the owner/controller of such vessels, vehicles or structures has granted permission and the PIC has made a safety assessment of the risk of operating closer to those objects and determined that it does not present an undue hazard, and;

c. Operations nearer to the PI C, SO, operator trainees or essential persons do not present an undue hazard to those persons per § 91.119(a).
29. All operations shall be conducted over private or controlled

- access property with permission from the land owner/controller or authorized representative. Permission from land owner/controller or authorized representative will be obtained for each flight to be conducted.22 30. Any incident, accident, or flight operation that transgresses the lateral or vertical boundaries of the operational area as defined by the applicable COA must be reported to the FAA's UAS Integration Office (AFS

- 80) within 24 hours. Accidents must be reported to the National Transportation Safety Board (NTSB) per instructions contained on the NTSB Web site : www.ntsb.gov.
**2. Reasons Why An Exemption From The Requirements Of**  **Section 61.113(a) And (b) Would Not Adversely Affect**  **Safety.** STATI C ELECTRIC submits that the equivalent level of safety established by Section 61.113(a) and (b) will be maintained because no PIC will be allowed to operate the DJ I Phantom 3 Professional UASs unless that PI C has demonstrated, by meeting minimum flight

- hour and currency

requirements, that the PIC is able to safely operate the DJI Phantom 3 Professional UAS in a manner consistent with the exemption, including evasive and emergency

maneuvers and maintaining appropriate distances from people, vessels, vehicles and structures. Considering STATIC E LECTRIC ’s proposed area of operations, and the operating limitations set forth

- above; the parallel nature of private pilot aeronautical knowledge requirements to those of commercial pilot requirements (See Exemp tion No. 11062); and the airmanship skills necessary to safel y operate the DJIPhantom 3 Professional UAS, STATI C ELECTRIC submits that the additional manned airmanship experience of a commerciall y certificated pilot would not correlate to the airmanship s kills necessary for STATI C E LECTRIC ’ s specific proposed flight operations. The FAA has previously

granted relief from Section 61.113(a) and (b) specific to UAS, in circumstances similar, in all material respects, to those presented herein (e.g. Exemption N os. 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110, 11112, 11136, 11138, 11150, 11153, 11156, 11158, 11159, 11160, 11161).
STATI C ELECTRIC will not allow any PI C to operate the DJ I Phantom 3 Professional UAS unless that PIC has demonstrated, b y meetingminimum flight

- hour requirements or the DJIPhantom 3 Professional UAS training and currency requirements, that the PIC is able to safel y operate the DJIPhantom 3 Professional UAS in a manner consistent with this exemption, including evasive and emergency maneuvers and maintaining appropriate distances from people, vessels, vehicles and structures. Specificall y, the PI C must have accumulated and logged, in a manner consistent with 14 C.F.R. § 61.51(b), 25 hours of total time as a UAS rotorcraft pilot (with a minimum of 5 hours of those hours as a UAS pilot operating the same make and model of UAS to be used for operations under the exemption). In addition to the hour requirements, the PIC must accomplish 3 takeoffs and landings in the preceding 90 days (for currency purposes).23

As in Exemption Nos. 11062, 11138, and 11153, prior documented flight experience that was obtained in compliance with applicable regulations will ensure an equivalent level of safety during STATI C ELECTRIC ’ 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 of motion picture filming (or similar operations), the PIC must have accumulated and logged, in a manner consistent with 14 CFR 61.51(b), 25 hours of total time as a UAS rotorcraft pilot including at least 10 hours logged as a UAS pilot with a multi

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

- rotor time and the 10 hours may be included in the total 25 hours of UAS rotorcraft time. In addition to the hour requirements, the PIC must accomplish 3 takeoffs and landings in the preceding 90 days (for currency purposes). The FAA finds that at a minimum, the flight

- hour requirements in Exemption No. 11062 are a ppropriate to practice and build proficiency in the skills necessary to safel y conduct the petition er’ s proposed operations. The FAA also finds that prior documented flight experience that was obtained in compliance with applicable regulations would satisf y this requirement. Training, proficiency, and experience

-building flights can also be conducted under the grant of exemption to accomplish the required flight time. During training, proficiency, and experience building flights the PI C is required to operate the UA with appropriate distances in accordance with 14 C.F.R 91.119.
Accordingl y, STATIC ELECTRIC will ensure safe operations by not allowing any PI C to operate the DJ I Phantom 3 Professional UAS unless that PIC has demonstrated, by meeting minimum flight

- hour and currency requirements, that the PI C is able to safel y operate the DJ I Phantom 3 Professional 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 of safety established by Section 91.7(a) will be maintained because prior to every

flight, STATI C ELECTRIC will ensure that the DJ I Phantom 3 Professional UAS is in an airworthy condition based upon the UAS ’ s compliance with its operating documents and as stated in the conditions and limitations herein.24

Additionally , the FAA has previously granted relief from Section 91.7(a) 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, 11110, 11112, 11136, 11138, 11150, 11153, 11156, 11157, 11158, 11159, 11160, 11161).

**4. Reasons Why An Exemption From The Requirements Of Section**  **91.121 Would Not Adversely Affect**  **Safety.** The equivalent level of safety established by Section 91.121 will be maintained because the altitude information of the DJ I P hantom 3 Professional UAs will be provided to the PIC via GPS equipment and a radio communications telemetry data link, which downlinks from the UA to the GCS for active monitoring of the flight path and altitude. This altitude information, combined with STATIC ELECTRI C ’ s operation of the DJ I Phantom 3 Professional UAs within visual line of sight, at or below 400 feet AGL, will ensure a level of safety equivalent to Section 91.121. The altitude information will be generated by GPS equipment installed onboard the aircraft. Prior to each flight, a zero altitude initiation point is automatically established by the UASs 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, 11112, 11136, 11138, 11150, 11153, 11156, 11157, 11158, 11159, 11160, 11161).

**5. Reasons Why An Exemption From The Requirements Of**  **Section 91.151(b) Would**  **Not Adversely Affect Safety.**  A grant of this 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 of the DJI Phantom 3 Professional UASs; (2) the limitations on the proposed flight operations; and (3) the location of the proposed flight operations. Accordingl y, STATIC ELECTRIC will ensure that it will safely operate the battery powered DJ I Phantom 3 Professional UAs during daylight hours in VFR conditions, with enough battery power to fly

for a total duration of 13.5 minutes to the first point of intended landing and, assuming normal cruising speed, to fl y after that for at least 4.5 minutes. Here, as in Exemption No. 11109, the techni cal specifications of the DJ I Phantom 3 Professional UASs; the limitations on the proposed flight operations; and the location ofthe proposed operations, will ensure an equivalent level of safety established by 14 C.F.R. Section 91.151(b). Furthermore, sa fety will be ensured as the DJ I Phantom 3 Professional UASs provide audible and visual warnings to the PI C at the GCS when the UAs experiences low battery

voltage, the first warning occurring at approximately 33% remaining battery power, and again at appro ximately 10% remaining battery

power. At the25

critically low battery

level, the DJ I Phantom Vision+ UASs will descend and land automatically

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

**6. Reasons Why An Exemption From The Requirements Of**  **Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), And 91.417(a) & (b)**  **Would Not**  **Adversely Affect Safety.**  In seeking this exemption, STATI C ELECTRIC submits that the equivalent level of safety with regard to the regulatory maintenance and alteration requirements 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 STATIC ELECTRI C will use trained technicians to perform maintenance, alterations, or preventive maintenance on the UASs using the methods, techniques, and practices prescribed in the operating documents (i.e., the STATIC ELECTRIC Aerial Operations Manual, Monthly Maintenance Lo g, and DJIPhantom 3 Professional and DJI Inspire 1 In structionManual). Furthermore, STATIC ELECTRIC will document and maintain all maintenance records for the DJ I Phantom 3 Professional UASs. Since the DJ I Phantom 3 Professional UASs will be inspected as prescribed by the operating documents, STATI C ELECTRIC will maintain the equivalent level of safety established by

Sections 91.405(a), 91.409(a)(1), and 1.409(a)(2). A cop y of the DJI Phantom 3 Professional User Manuals are attached hereto as Appendix A

. Likewise, the exemption sought will not adversel y affect safety because STATI C ELECTRIC will use trained technicians to perform maintenance, alterations or preventive maintenance on the UAS using the methods, techniques, and practices prescribed by the operating documents. Furthermore, the exemption sought would maintain an equivalent level of safety established by

Sections 91.407, 91.417(a) and 91.417(b), because all maintenance of the DJIPhantom 3 Professional UASs will be performed by trained technicians. Maintenance will be documented and maintained utilizing the monthly maintenance log. Significantl y, previous exemptions granted by the FAA concerning Sections 91.405(a),26

91.407 (a) (1), 91.409(a) (1) & (a) (2), and 91.417(a) & (b) establish that safety is not adversel y affected when the technical characteristics and operating limitations of the UAS
are considered.
In consideration of STATI C ELECTRIC ’ s proposed operating limitations, the operating documents, and the technical aspects of the DJ I Phantom 3 Professional UASs, STATI C ELECTRIC submits that safety will not be adversely affected by granting exemption from 14 C.F.R. Sections 91.405(a), 91.407(a) (1) and (a) (2), 9 1.409(a) (2), and 91.417(a) and (b). The FAA has previously granted relief 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, 11110, 111 12, 11136, 11138, 11150, 11153, 11156, 11157, 11158, 11159, 11160, 11161).
**7. The**  **FAA May Prescribe Any Other Conditions For Safe**  **Operation.**
In accordance with Section 333 of the FAA Modernization and Reform Act of 2012 (FMRA) and 14 C.F.R. § 21.16 entitled Special Conditions, STATI C ELECTRIC requests that the FAA prescribe special conditions for the intended operation of the DJ I Phantom 3 Professional UASs, 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 §§ 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 of the UAs for the limited purpose of conducting aerial video and photography over certain areas of the United States for compensation or hire. FMRA Section 333 sets forth the requirements for considering whether a UAS will create a hazard to users of the NAS or the public, or otherwise pose a threat to national security ; and further, provides the authority for such UAS to operate without airworthiness certification in accordance with any requirements that must be estab lished for the safe operation of the UAS in the NAS. Likewise, the Administrator may prescribe special conditions pursuant to 14 C.F.R. § 21.16, for operation of the DJ I Phantom 3 Professional UASs, since the airworthiness regulations of 14 C.F.R. Part 21 do not contain adequate or appropriate safety standards, due to the novel or unusual design features of the aircraft. Section 21.16, entitled Special Conditions, states the following:
If the FAA finds that the airworthiness regulations of this subchapter do not contain adequate or appropriate safety standards for an aircraft, aircraft engine, or propeller because of a novel or unusual design feature of the aircraft, aircraft engine or propeller, he prescribes special conditions and amendments thereto for the product.27 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 of safety equivalent to that established in the regulations. See 14 C.F.R. § 21.16. Therefore, in accordance with FMRA Section 333 and 14 C.F.R. § 21.16, the FAA may prescribe special conditions for STATIC ELECTRIC’S intended operation of the DJ I Phantom 3 Professional UASs, 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)( 1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b).

**• A Summary That Can Be Published In The Federal**  **Register, stating: The Rules From Which**  **STATIC ELECTRIC Seeks Exemption:**  STATIC ELECTRIC seeks 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). **A Brief Description Of The Nature Of The Exemption STATIC ELECTRIC**  **AERIAL PHOTOGRAPHY LLC Seeks:**  This exemption will permit STATIC ELECTRIC to commerciall y 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**  **STATIC ELECTRIC ’**  **s Request.** 

This Petition is made pursuant to the FAA Modernization and Reform Act of 2012 (FMRA) Section 333, which directs the Secretary of Transportation to determine if certain UAS may

operate safel y in the NAS. As such, STATI C ELECTRIC ’ s request for exemption may

be granted pursuant to the authority of FMRA Section 333 and 14 C.F.R. Part 11, as set forth above. FMRA Section 333 sets forth the requirements for considering whether a UAS will create a hazard to users of the NAS or the public, or otherwise pose a threat to national security; and further, provides the authority for such UAS to operate without airworthiness certification.28

As discussed in detail above, STATIC ELECTRIC will operate the DJI Phantom 3 Professional UASs safely in the NAS , w i thout creating a hazard to users of the NAS, or the public, or otherwise pose a threat to national security. 

### CONCLUSION As set forth herein, STATIC ELECTRIC seeks an exemption pursuant to 14 C

. F

. R. 

### § 11.61 and Section 333 of the FAA Modernization and Reform Act of 2012 (FMRA) , which w i ll permit safe operation of the DJI Phantom 3 Professional UASs commercially, without an airworthiness certificate , for the limited purpose of conducting aerial video and photography over certain areas of the United States. By granting this Petition , the FAA Administrator will be fulfilling the Congressional mandate of the FAA Modernization and Reform Act of 2012, while also advancing the interests of the public, by allowing STATIC ELECTRIC to safely , efficiently , and economically operate the DJI Phantom 3 Professional UASs commercially within the NAS

.



### WHEREFORE **,** in accordance with the Federal Aviation Regulations and the FAA Modernization and Reform Act of 2012, Section 333, STATIC ELECTRIC respectfully requests that the Administrator grant this Petition for an exemption from the requirements of 14 C

. F.R Sections 61.l 13(a) & (b), 91.7(a), 91.121 , 91.15l (b) , 91.405(a), 91.407(a)(l ), 91.409(a)(l ) & (a)(2) , and 91.417(a) & (b), and permit STATIC ELECTRIC to operate the DJI Phantom 3 Professional UASs commercially for the purpose of conducting aerial video and photography over certain areas of the United States. Dated: July 15 , 2015 Respectfully submitted,

Scott E Erickson Static Electric Owner/Operator 551 Trust Drive Bayfield, CO 81122 505

- 320

- 3592
Attachments: Completed application for exemption Link to DJI Professional Users Manual DJI Phantom 3 Professional Specifications Signature page