UNITED STATES OF AMERICA DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION

ADMINISTRATION WASHINGTON, DC

IN THE MATTER OF THE PETITION FOR EXEMPTION OF: Sound Aerial Photography FOR AN EXEMPTION SEEKING RELIEF FROM THE REQUIREMENTS OF TITLE 14 OF THE CODE OF FED ERAL REGULATIONS SECTIONS 61.129(c) , 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 OFTHEDJI PHANTOM 3 UNMANNED AIRCRAFT SYSTEM PURSUANT TO SECTION 333 OF THE FAA MODERNIZATION AND REFORM ACT OF 2012 (PUBLIC LAW 112

-95) Submitted on November 12, 2015 By, Bryce Witkowski 12918 77 th AVE E Puyallup, WA 98373 253

- 732

- 1560 Bryce.witkowski@yahoo.com

GLOSSARY OF ABBREVIATIONS AGL Above Ground Level AOI Area of Interest ATC Air Traffic Control ATO Air Traffic Organization AV Aerial Vehicle CFR Code of Federal Regulations COA Certificate of Authorization FAA Federal Aviation Administration FAR Federal Aviation Regulation GCS Ground Control Station GPS Global Positioning System LOL Loss of Link NAS National Airspace 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 VLO S Visual Line of Site VMC Visual Meteorological ConditionsVTOL Vertical Takeoff and Landing

DJI UAV manufacturer ESC Electronic speed control FPV First Person View LI

- PO Lithium Polymer battery RCV Radio Controlled vehicle

SUMMARY Bryce Witkowski , operating under the company t itle, Sound Aerial Photography 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 Sound Aerial Photography to operate an Unmanned Aircraft System (UAS) for the commercial purpose of conducting aerial video and photography for Marketing, film sets, real estate photography, commercials, special events, wedding cinematography, marine photography, roofing inspection, and landscape imaging over certain areas of the United States.
INTRODUCTION AND INTERESTS OF THE PETITIONER My name is Bryce Witkowski , and I am an Airline pilot for Horizon Airlines. I also am a flight instructor who is devoted to increase safety margins in the National Airspace System. I have years on experience flying RVC’s The obje ctive of Sound Aerial Photography is to provide superior aerial imaging for a wide range of industries and events while promoting safe UAS operations and promoting public knowledge of UAS’s as well as providing a high level of knowledge about UAS’s.
BACKGROUND Unmanned Aircraft Systems: DJI Phantom 3UAS : Sound Aerial Photography seeks an exemption to operate the DJI system for compensation or hire wit hin the NAS. The DJI Phantom 3 is a vertical takeoff and landing (VTOL) Unmanned Aircraft (UA) with a Ground Control Station (GCS) utilizing electronic tablet or smart phone systems. The DJI Phantom 3 has a maximum gross weight of approximately 2 pounds 14 ounces, while having a length of 16 inches width of 16 inches, height of 8 inches, and a maximum speed of approximately 29 knots. The DJI Phantom 3 UAS is equipped with four main rotors; driven by a Lithium Polymer battery powered electric motor. The DJ I Phantom 3 UAS that will b e operated by Sound Aerial Photography 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, Identifi cation and Registration Markings.
BASIS FOR PETITION Petitioner, Sound Aerial Photography, 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, hereby petitions the Administrator to commercially operate theDJI Phantom 3 UAS in the National Airspace System (NAS), and for an exemption from the requirements

of 14 C.F.R §§ 61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b). In consideration of the speed, weight, size, and limited operating area associated with the unmanned aircraft and its operation, Sound Aerial Photography’s’ operation of DJI Phantom 3 UAS 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. Accordingly, Sound Aerial Photography 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 only apply to aircraft with an airworthiness certificate. Sound Aerial Photography submits that the requested relief is proper since an equivalent level of safety wil l be ensured. Sound Aerial Photography 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 Manual). Furthermore, Sound Aerial Photography will document and maintain all maintenance records for the DJI Phantom 3. Relief from certain requirem ents of Section 61.129 (c), entitled Com mercial pilot privileges and limitations with helicopter rating : Pilot in command, is requested by Sound Aerial Photography the extent necessary to allow a Pilot in Command (PIC) holding a private pilot or higher level certificate, as well as an airman med ical certificate, and who has demonstrated, by meeting minimum flight

- hour and currency requirements, that the PIC is able to safely operate the DJI Phantom 3 UAS in a manner consistent with this exemption, including evasive and emergency maneuvers and mai ntaining appropriate distances from people, vessels, vehicles and structures. Sound Aerial Photography seeks relief from Section 91.7(a), entitled Civil aircraft airworthiness, because the DJI Phantom 3 UAS does not require an airworthiness certificate i n accordance with 14 C.F.R. Part 21, Subpart H. As such, Sound Aerial Photography submits that they will ensure that the DJI Phantom 3 UAS is in an airworthy condition, prior to every flight, by determining that the UAS is in compliance with the operating documents (i.e., Monthly Maintenance Log, and DJI Phantom 3Instruction Manual), and that the aircraft is in a condition for safe flight. Sound Aerial Photography also seeks an exemption from the requirements of Section 91.121, entitled Altimeter Settings, as the DJI Phantom 3 UAS will not have a typical barometric altimeter onboard. However, altitude information of the DJI Phantom 3 UAS will be provided to the PIC via Global Positioning System (GPS) equipment and radio communications telemetry data link, which downlinks from the UAS to the GCS for active monitoring of the flight path. This altitude information, c ombined with Sound Aerial Photography’s operation of the DJI Phantom UAS within visual line of sight, at or below 500 feet AGL, will ensure a leve l of safety equivalent to Section 91.121. Additionally, Sound Aerial Photography seeks an exemption from the requirements of Section 91.151(b), entitled Fuel requirements for flight in VFR conditions. Sound Aerial Photography submits that safety will not be affected by operation of the DJI Phantom 3 UAS during daylight hours in visual meteorological conditions (VMC) under visual flight rules (VFR), with enough battery power to fly for atotal duration of approximately 15.5 minutes to the first point of int ended landing and, assuming normal

cruising speed, to fly after that for at least 4.5 minutes. In accordance with 14 C. F.R. § 11.81, Sound Aerial Photography provides the following information in support of its petition for exemption: A. Name And Addre ss Of The Petitioner. The name and address of the Petitioner and point of contact is: Bryce Witkowski 12918 77 th AVE E Puyallup, WA 98373 253

- 732

- 1560 Byce.witkowski@yahoo.com

A. The Specific Sections Of 14 C.F. R. From Which Sound Aerial Photography Seeks Exemption. 1. Sound Aerial Photography Seeks Exemption From Th e Requirements Of Section 61.129(c). Section 61.129(c), entitled Aeronautical experience for helicopter rating

. As a current commercial pilot I, Bryce Witkowski, will conduct safe and diligen t flight operations with a UAS as I have done with fixed wing aircraft. I, Bryce Witkowski, Currently poses all certificates and rating to operate single and multi engine land, airplane. I will transfer that knowledge to operate a UAS in compliance with a ll applicable FAR’s, with a priority in avoiding conflict in the National Airspace System . I will maintain a First Class Medical Certificate.
2 . Sound Aerial Photography Seeks Exemption From The Requirements Of Section 91.7(a). Section 91.7, entitled Civi l aircraft airworthiness, subsection (a), states the following: (a) No person may operate a civil aircraft unless it is in an airworthy condition. 3. Sound Aerial Photography Seeks Exemption From The Requirements Of Section 91.121. Section 91.121, entitl ed 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

-- Below 18,000 feet MSL, to

- (i) The current reported altimeter setting of a station along the route and within 100 nautical miles of the aircraft; (ii) If there is no station within the area prescribed in paragraph (a)(1)(i) of this section, the current reported 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. Sound Aerial Photogra phy 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. Sound Aerial Photography Seeks Exemption From The Req uirement Of Section 91.405(a). Section

91.405, entitled Maintenance required, subsection (a), states the following: Each owner or operator of an aircraft

— (a) Shall have that aircraft inspected as prescribed in subpart E of this part and shall between re quired inspections, except as provided in paragraph (c) of this section, have discrepancies repaired as prescribed in part 43 of this chapter[.] 6. Sound Aerial Photography 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 § 43.7of this chapter[.] 7. Sound Aerial Photography Seeks Exemption From The Requirements Of Sections 91.409(a)(1) And 91.409(a)(2). Section 91.409, ent itled Inspections, subsection (a), states the following: (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 wit h 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. Sound Aerial Photography 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 person approving the aircraft for return to service. 2. Records containing the following information: (i) The total time i n 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 whi ch are required to be overhauled on a specified time basis. (iv) The current inspection status of the aircraft, including the time since the last inspection required by the 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 d ate 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 currently installed engines, rotors, propellers, and appliances. 3. The owner or operator shall retain th e following records for the periods prescribed: (i) 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. (ii) The records specified i n paragraph (a)(2) of this section shall be retained and transferred with the aircraft at the time the aircraft is sold. (iii) 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. B.The Extent Of Relief Sound Aerial Photography Seeks And Th e Reason Sound Aerial Photography Seeks The Relief. 1. Extent Of Relief Sound Aerial Photography Seeks And The Reason Sound Aerial Photography Seeks Relief From Section 61.129(c) . Relief from Section 61.129(c) enti tled Commercial pilot privileges: Aeronautical experience for a helicopter rating : Stating p ilot in command of a rotorcraft must log a certain number of flight experience and pass the appropriate practical test to operate a rotorcraft. As set forth more fully below, Sound Aerial Photography submits that an equivalent level of safety will be maintained because no PIC will be allowed to operate the DJI Phantom 3UAS unless th at PIC has met certain flight

- hour and currency requirements, demonstrating that the PIC is able to safely operate the DJI Phantom 3 UAS in a manner consistent with the operations specifications as described in this exemption, including evasive and emergen cy maneuvers, as well as maintaining appropriate distances from people, vessels, vehicles and structures. Furth ermore, Sound Aerial Photography submits that all flights of the DJI Phantom 3 UAS, conducted by the PIC pursuant to the grant of this Petition: (1) will be incidental to Sound Aerial Photography business; and (2) will not carry passengers or property for compensation or hire. 2. Extent Of Relief Christopher Mergenthaler Seeks And The Reason Sound Aerial Photography Seeks Relief From Section 91.7 (a). Relief from Section 91.7(a) entitled Civil aircraft airworthiness, is requested to the extent required t o allow Sound Aerial Photography to determine that the DJI Phantom 3 UAS is in airworthy condition prior to every flight by ensuring that the UAS i s in compliance with the operating documents ( i.e., Sound Aerial Photography Aerial Operations Manual, Monthly Maintenance Log, and DJI Phantom 3 Instruction Manual, Pre

- Flight Chec klist). Sound Aerial Photography seeks the requested relief because the DJI Phantom 3 UAS does not require an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H. The refore, Sound Aerial Photography will ensure that the DJI Phantom 3 UAS is in airworthy condition based upon its compliance with the operating documents (i.e., Monthly Maintenance Log, and DJI Phantom 3 Instruction Manual) prior to every flight, and further, determine that the aircraft is in condition for safe flight, as stated in the conditions and limitations below.
3. Extent Of Relief Sound Ae rial Photography Seeks And The Reason Sound Aerial Photography Seeks Relief From Section 91.121. Relief from Section 91.121, entitled Altimeter settings, may be required to allow flight operations of the DJI Phantom 3 UAS, which utilizes a barometric press ure 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 reporte d to air traffic control (ATC) in feet above ground level (AGL), Sound Aerial Photography seeks the requested relief because the DJI Phantom 3 UAS’s altimeter may be set on the ground to zero feet AGL, rather than the local barometric pressure or field alt itude, beforeeach flight. Considering the limited altitude of the proposed operations, 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 e quivalent level of safety will be maintained since the DJI Phantom 3 UAS is 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 provide s the PIC with altitude information of the UA on the heads

- up display of the GCS. 4. Extent Of Relief Sound Aerial Photography Seeks And The Reason Sound Aerial Photography s eeks Relief From Section 91.151(b). Relief from Section 91.151(b) entitled Fue l requirements for flight in VFR conditions, is requested to the extent required to allow flights of the battery powered DJI Phantom 3 UAS during daylight hours in visual meteorological conditions (VMC), under visual flight rules (VFR), for a total duratio n of 15.5 minutes to the first point of intended landing and, assuming normal cruising speed, to fly after that for at least 4.5 m inutes. Sound Aerial Photography seeks the requested relief because without an exemption from Section 91.151(b), the flight ti me duration of the battery powered DJI Phantom 3 UAS will severely constrain the practicality of any aerial video or still photo flight operatio ns that Sound Aerial Photography proposes to conduct pursuant to this Petition. Significantly, as set forth below, the technical specifications of the DJI Phantom 3 UAS, the DJI Phantom 3 UAS’s operating documents, and proposed operating limitations, ensu re that Sound Aerial Photography 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 battery power to fly for a total duration of 15.5 minutes to the first point of intended landing and, assuming normal cruising speed, to fly after that for at least 4. 5 minutes.
5. Extent Of Relief Sound Aerial Photography s eeks And The Reason Sound Aerial Photography s eeks 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 certi ficate, Sound Aerial Photography requests relief from these Sections because the DJI Phantom 3 UAS does not require airworthiness certificates. As set forth more fully below, the DJI Phantom 3 UAS meets the conditions of FMRA Section 333 for operation without an airworthiness certificate. Accordingly, Sound Aerial Photography will use trained technicians to perform maintenance, alterations, or preventive maintenance on the UAS usi ng the methods, techniques, and practices prescribed in the UAS operating documents (i.e., Sound Aerial Photography Aerial Operations Manual, Monthly Maintenance Log, DJI Phantom 3 Instruction Manual, PreFlight Checklist). Furth ermore, Sound Aerial Photography will document and maintain all maintenance records for the DJI Phantom 3UAS. C. The Reasons Why Sound Aerial Photography’s Request Would Be In The Public Interest; That Is, How It Would Benefit The Public As A Whole. Granting the present Petition w ill further the public interest by
a llowing Sound Aerial Photography to safely, efficiently, and economically perform aerial video and photography of construction sites, real estate, and landscape, boats, and events over certain areas of the United States. Additionally, use of the DJI Phantom 3 UAS will decrease congestion of the NAS, reduce pollution, crashes and accidents caused by pilot error and provide significant benefits to the economy. Notably, the benefi ts of Sound Aerial Photography’s proposed ope ration of the DJI Phantom 3 UAS will be realized without implicating any privacy issues. 1. The Public Will Benefit From Decreased Congestion Of The NAS. The DJI Phantom 3 UAS is battery powered and serves as a safe, efficient, and economical alternative t o the manned aircraft traditionally utilized to obtain aerial imagery. By reducingthe amount of manned aircraft needed to perform aerial acquisitions, an exemption allowing the use of

a DJI Phantom 3 UAS would reduce the amount of manned aircraft in the N AS, reduce noise and air pollution, as well as increase the safety of life and property in the air and on the ground. Furthermore, by reducing the number of manned aircraft operating in the NAS, congestion around airports caused by arriving and departing aircraft will be reduced. The DJI Phantom 3 does not require an airport to takeoff or land. Likewise, a reduction of manned aircraft conducting aerial video and photography missions would result in fewer aircraft that must be handled by air traffic control during the ground, takeoff, departure, arrival, and landing phases of flight operations. 2. The Public Will Benefit From The Safety And Efficiency Of The DJI Phantom 3 UAS. Conducting aerial acquisitions with the DJI Phantom 3 UAS, instead of manned ai rcraft, will greatly benefit the public by drastically reducing the levels of air and noise pollution generated during traditional aerial video and still photography flight operations. By using battery power and electric motors, the DJI Phantom 3 UAS prod uces no air pollution, and is the most viable environmentally conscious alternative to the cabin class, six cylinder internal combustion engine aircraft that are typically utilized for aerial video and photography, while burning approximately 20

- 30 gallons per hour of leaded aviation fuel. The DJI Phantom 3 UAS, while reducing the carbon footprint of aerial acquisitions, also eliminates noise pollution, as the UAS is propelled by battery powered electric motors, rather than an internal combustion engine.
By using the DJI Phantom 3 UAS to perform aerial acquisitions, the substantial risk to life and property in the air and on the ground, which is usually associated with traditional manned aircraft flight operations, will be substantially reduced or completel y eliminated. Aside from the lack of flight crew members located onboard the aircraft, the DJI Phantom 3 (weighing approximately 2pounds 14 ounces at its maximum gross weight, with a length of 16 inches, and a width of 16 inches, and with no fuel on board) , has less physical potential for collateral damage to life and property on the ground, and in the air, compared to the manned aircraft that typically conduct similar operations (weighing approximately 6,000 pounds with a wingspan of approximately 42 feet, a length of 34 feet, and a fuel capacity of 180 gallons). 3. Performing Aerial Vi deo and Photography Operations with the DJI Phantom 3 UAS w ill Benefit The Economy. In addition to being safe and efficient, the DJI Phantom 3 UAS is also an economical alt ernative to using manned aircraft to conduct similar aerial operations. As such, operation of the DJI Phantom 3 UAS will allow United States based compani es, like Sound Aerial Photography, to remain competitive and contribute to growth of the U.S. economy. Specifically, with the rising cost of aviation fuel and the Environmental Protection Agency (“EPA”) regulatory actions phasing out leaded aviation fuels, U.S. owned and operated companies must adopt new and alternative technology in order to remain compet itive. Operating the battery powered DJI Phantom 3 UAS is one such technology that not only allows companies greater operational flexibility compared to manned aircraft, but provides such flexibility without the high operational cost of a traditional manne d aircraft. By operating the DJI Phantom 3 UAS, companies such as Sound Aerial Photography, can remain competitive and profitable, and therefore, provide greater job stability to employees and contractors, which will ultimately contribute to growth of the U.S. economy. Improved financial performance of U.S. companies, through commercial use of the DJI Phantom 3 UAS, provides a stable workforce that increases consumerspending; improves local, state, and federal tax revenues; and allows companies to invest i n research

and development in order to remain competitive both in the United States and abroad. 4. There Are No Privacy Issues. Similar to the manned aerial acquisition flight operations that have been conducted for dec ades, Sound Aerial Photography’s prop osed operation of the DJI Phantom 3 UAS will not implicate any privacy issues. Specifically, the DJI Phantom 3 UAS will be operated only in compliance with operating documents (i.e., Sound Aerial Photography Aerial Operations Manual, Monthly Maintenance Lo g, DJI Phantom 3 and Instruction Manual, Pre

- Flight Checklist) which requires property owner involvement as well as local law enforcement notification, and in accordance with the Federal Aviation Regulations, including the minimum altitude
R equirements 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 Equal To That Provided By The Rule From Which Sound Aerial Photography Seeks Exemption.
1. Reasons Why The DJI Phantom 3 UAS Meets The Conditions Of The FAA Modernization and Reform Act of 2012 (FMRA) Section 333. In consideration of the size, weight, speed, and limited operating area associated with the unmanned aircraft and its opera tion, Sound Aerial Photography’s operation of the DJI Phantom 3 UAS meets the conditions of FMRA Section 333, and will not require an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H. Section 333 provides authority for a UAS to 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 p art: (a) In General.

-- Notwithstanding any other requirement of this subtitle, and not later than 180 days after the date of enactment of this Act, the Secretary of Transportation shall determine if certain unmanned aircraft systems may operate safely in t he 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 capability, proximity to airports and populated areas, and operation within visual line of sight do not create a hazard to users of the national airspace system or the public or pose a threat to national security; and whether a certificate of waiver, certificate of authorization, or airworthiness certification under section 44704 of title 49, United Sta tes Code, is required for the operation of unmanned aircraft systems identified under paragraph (1). (c) Requirements for Safe Operation.

-- If the Secretary determines under this section that certain unmanned aircraft systems may operate safely in the nati onal airspace system, the Secretary shall establish requirements for the safe operation of such aircraft systems in the national airspace system.In seeking this exemption, Sound Aerial Photography submits that the DJI Phantom 3 UAS can operate

safely i n the NAS pursuant to FMRA Section 333, as demonstrated by: (a) the characteristics of the DJI Phantom 3 UAS; (b) the pilot certification requirement; and (c) the specific operating limitations. a. The Specifications Of The DJI Phantom 3 UAS Demonstrates Its Safe Characteristics. The DJI Phantom 3 UAS does not create a hazard to users of the NAS or the public, or otherwise pose a threat to national security considering its size, weight, speed, and operational capability. i. Technical Specifications Of Th e DJI Phantom 3 UAS. The technical specifications of the DJI Phantom 3 UAS is set forth by the DJI Phantom 3 Specifications and Data Sheet, attached hereto as Exhibit A. ii. The DJI Phantom 3 UAS’ Autonomous Flight And Navigation Modes Enable The UAS To Remain Within A Defined Operational Area. The DJI Phantom 3 UAS may be ope rated in both manual and fully autonomous flight modes. A complete description of the flight and navigational modes of the DJI Phantom 3 UAS is provided at pages 25

- 35 of the DJI Phantom 3 User Manual, attached hereto as Exhibit B. iii. The DJI Phantom 3 UAS is Designed For Automatic Return To Home Point Or Hover In The Event OfLoss Of The Control Link Or Navigation. When the Control Link is lost, the DJI Phantom 3 UAS will
rema in stationary, in flight, for 3 seconds or more. If, after 3 seconds, the DJI Phantom 3 UAS does 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., failsafe mo de) via GPS, and will descend to the takeoff position and shutdown. A complete description of the Failsafe Functions of the DJI Phantom 3 UAS are set forth at pages 27 through 29 of the DJI Phantom User Manual, attached here to as Exhibit B. iv. The DJI Ph antom 3GCS And Its Operation. A complete description of the operation and specifications of the DJI Phantom 3GCS and flight control software is provided at pages 32 through 43 of the DJI Phantom 3 User Manual. DJI Phantom 3 User Manual is attached hereto a s Exhibit B. b. Flight Operations Of DJI Phantom 3 UAS is Limited To The Line Of Sight Of A Certificated Pilot in Command With A Safety Obse rver. Sound Aerial Photography will only utilize certificated pilots who possess a current and valid airman medica l certificate to act as a pilot in command (PIC) of the DJI Phantom 3 UAS. Additionally, a safety observer will assist all pilots during flight time. c. Flights Of DJI Phantom 3 UAS Will Be Conducted Pursuant To Specific Operating Limitations. In seeking this
exe mption, Sound Aerial Photography proposes to commercially operate the DJI Phantom 3 UAS for the special purpose of conducting aerial video and photography over certain areas of United States, pursuant to the following specific operating limitations : 1.Operations authorized by this grant of exemption will be limited to the following aircraft described in the operating documents, rotorcraft UASs weighing less than 55 pounds maximum gross weight: DJI Phantom 3 Unmanned Aircraft System. Proposed operat ions 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 a n indicated airspeed exceeding 20 knots.4. The UAS must be operated at an altitude of no more than 500 feet above ground level (AGL), as

indicated by the procedures specified in the operating documents unless a special request is made and approved by ATC. All altitudes reported to ATC must be in feet 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 any device other than corrective lenses, as speci fied on the PIC’s FAA

- issued airman medical certificate. 6. The use of first person view (FPV) by the PIC or safety observer (SO) is not permitted. 7. All operations must utilize a safety observer (SO). The SO may be used to satisfy 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. Electronic messaging or texting is not permitted during flight operations. The PIC 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 seeing and avoiding oth er 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 Administ rator upon request. If a discrepancy exists between the conditions and limitations contained in the grant of exemption and the procedures outlined in the operating documents, the conditions and limitations contained in the grant of exemption take precedenc e 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 an d 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 th e 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 updates or revisions to the operating documen ts. 10. Prior to each flight the PIC must inspect the UAS to ensure that it is in a condition for safe flight. If the inspection reveals a condition that affects the safe operation of the UAS, the aircraft is prohibited from operating until the necessary maintenance has been performed and the UAS is found to be in a condition for safe flight. The Ground Control Station must be included in the preflight inspection. All maintenance and alterations must be properly documented in the aircraft records.
11. Any UAS that has undergone maintenance or alterations that affect the UAS operation or flight characteristics, e.g. replacement of a flight critical component, must undergo a functional test flight. The PIC who conducts the functional test flight must mak e an entry in the aircraft records. 12. The pre

-flight inspection must account for all potential discrepancies, e.g. inoperable components, items, or equipment, not already covered in the relevant sections of the operating documents.13. The operator must follow the UAS manufacturer’s aircraft/component, maintenance, overhaul,

replacement, inspection, and life limit requirements. 14. The operator must carry out its maintenance, inspections, and record keeping requirements, in accorda nce 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 au thorized person returning the UAS to service. 15. Each UAS operated under this exemption must comply with all manufacturer Safety Bulletins. 16. The authorized person must make an entry in the aircraft record of the corrective action taken against discre pancies discovered between inspections. 17. The PIC must possess at least a private pilot certificate and at least a current third

- class medical certificate. 18. The operator may not permit any PIC to operate unless the PIC meets the operator’s qualifica tion criteria and demonstrates the ability to safely 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, vehicl es and structures. PIC 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 flights, 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. 19. 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. 20. The UAS 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 manageme nt must be made available to the Administrator upon request. 21. The UAS 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. If the UAS loses co mmunications 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 of unpredicted obstacles or emergencies in accordance with the operating documents. 24. The PIC is prohibited from beginning a flight unless (considering wind and forecast weather conditions) there is enough power to fly at normal cruising speed to the intended landing point and land the UA with 25% battery power remaining.25. The operator must obtain an Air Traffic Organization (ATO) issued Certificate of Waiver or

Authorization (COA) prior to conducting any operations under the grant of exemption. This COA will also require t he operator to request a Notice to Airman (NOTAM) not more than 72 hours in advance, but not less than 48 hours prior to the operation. All operations shall be conducted in accordance with airspace requirements in the ATO issued COA including class of airs pace, altitude level and potential transponder requirements. 26. All aircraft operated in accordance with the exemption must be identified by serial number, registered in accordance with 14 C.F.R.part 47, and have identification (N

- Number) markings in
acc ordance with 14 C.F.R. part 45, Subpart C. Markings must be as large as practicable. 27. Before conducting operations, the radio frequency spectrum used for operation and control of the UA must comply with the Federal Communications Commission (FCC) or ot her appropriate government oversight agency requirements. 28. 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. 29. The UA must remain clear and yield the right of way to all manned aviation operations and activities at all times. 30. The UAS may not be operated by the PIC from any moving device or vehicle. 31. Flight operations must be conducted at least 500 feet from all nonparticipating persons (persons other than the 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 prot ection. 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/control ler 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 PIC, SO, operator trainees or essential persons do not present an undue hazard to those persons per § 91.119(a). 32. All operations shall be conducted over private or controlled

- access property with permission from the land owner/controller or authorized represent ative. Permission from land owner/controller or authorized representative will be obtained for each flight to be conducted. 33. Any incident, accident, or flight operation that transgresses the lateral or vertical boundaries of the operational area as d efined 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. Re asons Why These exemptions would not adversely affect public safety. N o PIC will be allowed to operate the DJI Phantom 3 UAS unless that PIC has demonstrated, by meeting minimum flight

- hour and currency requirements, that the PIC is able to safely operate the DJI Phantom 3 UAS in a mannerconsistent with the exemption, including evasive and emergency maneuvers and maintaining

appropriate distances from people, vessels, vehicles and str uctures. The FAA has previously granted relief from Section 61.113(a) and (b) specific to UAS, in circumstances similar, in all material respects, to those presented herein (e.g. Exemption Nos. 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110, 11112, 11136, 11138, 11150, 11153, 11156, 11158, 11159, 11160, 11161). S ound Aerial Photography will not allow any PIC to operate the DJI Phantom 3 UAS unless that PIC has demonstrated, by meeting minimum flight

- hour requirements and the DJI Phantom 3 UAS training and currency requirements, that the PIC is able to safely opera te the DJI Phantom 3 UAS in a manner consistent with this exemption, including evasive and emergency maneuvers and maintaining appropriate distances from people, vessels, vehicles and structures. Specifically, the PIC must have accumulated and logged, in a manner consistent with 14 C.F.R. § 61.51(b), 25 hours of total time as a UAS rotorcraft pilot (witha 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). As in Exemption Nos. 11062, 11138, and 11153, prior documented flight experience that was obtained in compliance with applicable regul ations will ensure an equivalent level of safety during Sound Aerial Photography’s proposed operations. The Administrator has held that prior documented flight experience that was obtained in compliance with applicable regulations would ensure safe operati ons, 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 ope rating 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 flighthour requirements in Exemption No. 11062 are appropriate to practice and build proficiency in the skills necessary to safely conduct the petitioner’s proposed operations. The FAA also finds that prior documented flight experience th at was obtained in compliance with applicable regulations would satisfy this requirement. Training, proficiency, and experience

- building flights can also be conducted under the grant of exemption to accomplish the required flight time. During training, proficiency, and experience

- building flights the PIC is required to operate the UA with appropriate distances in accordance with 14 C.F.R 91.119. Exemption No. 11138 at page 15. Accordingly, Sound Aerial Photography will ensure safe operations by not allowing any PIC to operate the DJI Phantom 3 UAS unless that PIC has demonstrated, by meeting minimum flight

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

CO NCLUSIONSound Aerial Photography seeks an exemption pursuant to 14 C.F.R. § 11.61 and Section 333 of the FAA

Modernizatio n and Reform Act of 2012 (FMRA), which will permit safe operation of the DJI Phantom 3 UAS 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 Sound Aerial Photography to safely, efficiently, and eco nomically operate the DJI Phantom 3 UAS commercially within the NAS. Therefore, in accordance with the Federal Aviation Regulations and the FAA Modernization and Reform Act of 2012, Section 333, Christopher Mergenthaler respectfully requests that the Admin istrator grant this Petition for an exemption from the requirements of 14 C.F.R Se ctions 61.129(c) , 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 Sound Aerial Photography to operate the DJI Phan tom 3 UAS commercially for the purpose of conducting aerial video and photography over certain areas of the Uni ted States. Dated: November 12, 2015 Submitted by Bryce Witkowski

APPENDIX

–A DJI PHANTOM 3 TECHNICAL SPECIFICATIONS Sound Aerial Photography utilizes safe and reliable UASs. DJI is an industry leader in small UAS production. DJI UASs are loaded with ground breaking software enabling the user to set parameters which will not allow flight into controlled airspace. Parameters can also be set to limit flight to no higher than a predetermined and set altitude as well as limit flight to a predetermined and set distance. In addition, DJI software provides real

-time altitude and location i nformation to the PIC via the linked monitor (smart phone/tablet devices) 1.1DJI Phantom 3 1.2 1.1.1 Aircraft 1.1.1.1 Supported Battery

– DJI 6000AH LiPo Battery 1.1.1.2 Weight (Battery & Propellers Included)

–2lbs 11.810oz (1242g)
1.1.1.3 Hover Accuracy (Ready to Fly)

–Vertical: .8m; Horizontal: 2.5m 1.1.1.4 Max Yaw Angular Velocity

- 200/s 1.1.1.5 Max Tilt Angel

- 35 1.1.1.6 Max Ascent Speed

–6m/s 1.1.1.7 Max Descent Speed

–2m/s 1.1.1.8 Max Flight Speed

– 15m/s (NOT RECOMMENDED) 1.1.2 Gimbal 1.1.2.1 Working Current

–Static: 750mA; Dynamic: 900mA 1.1.2.2 Control Accuracy

-±0.03 1.1.2.3 Controllable Range

– Pitch:

-90

-01.1.2.4 Maximum Angular Speed

– Pitch: 90/s

1.1.3 Camera 1.1.3.1 Operating Temperature Range

- 32F

- 104F (0C

-40C)
1.1.3.2 Sensor Size

– 1/2.3” 1.1.3.3 Effective Pixels

– 14M 1.1.3.4 Resolution

–4384x3288 4.1.3.5 HD Video Recording

– 1080p30 & 720p 4.1.3.6 Recording Field of View

- 110/85
APPENDIX

- B
DJI PHANTOM 3USER MANUAL http://www.dji.com/product/phantom

- 3/downlo ad