**U.S. Department of Transportation**

Docket Management System 1200 New Jersey Avenue SE Washington, DC 20590 January 30

, 2016 Re: Exemption Request under Section 333 of the FAA Reform Act and Part 11 of the FAA Regulations and certain parts of the FARs. Dear Sir or Madam: **Request:** In order to provide safe and environmentally-friendly aerial Videography and Photography for and public business interests, I, Jamal A. Warner, pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 ("FRMA"), w ould like to formally submit for exemptions from the following Section 333 regulations: • 14 C.F.R. Part 21 • 14 C.F.R. 45.23(b) • 14 C.F.R. 61.113(a) and (b) • 14 C.F.R. 91.7(a) • 14 C.F.R. 91.9(b)(2) • 14 C.F.R. 91.119(c), • 14 C.F.R. 91.121, • 14 C.F.R. 91.151(a)(l), • 14 C.P.R. 91.203(a) and (b), • 14 C.F:R. 91.405(a), • 14 C.F.R. 91.407(a)(l), • 14 C.F.R. 91.409(a)(l) and (2), • 14 C.P.R. 91.417(a) and (b)I am requesting these exemptions so that I may safely operate the **3DR Solo** UAS commercially along the

guidelines of the accompanying operator's manual as well as FAA guidelines for UAS flight and safety guidelines set by the Academy of Model Aeronautics (AMA). **Proposed UAS and Operations** The **3DR Solo** weighs less than five pounds, will always be flown under 400 feet limited via software by its GPS and barometric sensors, is electrically powered by a lithium ion battery, carries no combustible fuel or crew, and will be transported in proper storage to and from all flight are as (in accordance with FAA guidelines). The aforementioned proposed exemptions would allow me to operate the 3DR Solo UAS for commercial purposes of aerial Videography and Photography as a service to public and business interests, including: real - estate Ph otography and Videography, wedding and private individual Photography and Videography, public and commercial Photography and Videography, and agricultural Photography and Videography. As evidenced by recent Exemption Nos. 12045 and 12058, the FAA recently approved similar use of such UAS. These particular UAS have been proven reliable and safe flying machines managed by gyroscopically- stabilized flight, ground detection, GPS- aided navigation, a built - in compass, blinking LED lights, a manual and automatic failsafe "Return t o Home" mode for returning to the point of takeoff, and propeller guards in order to protect both the UAS and the environment. This particular model combines state - of-the - art, proven technology with high quality manufacturing and user-fri endly cont rol to ensure safe operation, easy maintena nce and care. All operations will utilize a visual observer (VO). The UA will be operated within the visual line of sight (VLOS) of the PIC(Jamal A. Warner) and VO at all times. The VO and PIC(Jamal A. Warner) will be able to communicate verbally at all times; The PIC(Jamal A. Warner) will be the only PIC of this aircraft. The PIC(Jamal A Warner) will ensure that the VO can perform the duties required of the VO. **Specific section(s) of 14 CFR which I se ek relief and the reason(s) I seek relief:**  **14 C.F.R. Part 21: Airworthiness Certificates** Given the size and limited operating area associated with the UAS to be utilized, an exemption from Part 21 meets the requirements of an e quivalent level of safety und er Part 11 and Section 333 of the Reform Act. As eviden ced in Exemption No. 12045, "in all cases, an analysis of these criteria demonstrates t hat the UAS operated without an airworthiness certificate, in the restricted environment an d under the conditions proposed will be at least as safe, or safer, than conventional aircraft operating with an airworthiness certificate without restrictions and conditions proposed." **14 C.F.R. 45.23: Display of marks:** Because the 3DR Solo does not have a cabin, cockpit, pilo t station, fuselage, boom, or tail on which to mark large words, numbers, or phrases, I request exemption from the above regulation. However, in effo rts to comply with the above regulation and those set by the Academy of Model Ae ronautics (AMA), I will affix a small label to the external hull of the UAS indicati ng my name, address, and my AMA Member Number**14 C.F.R. 61.113(a) & (b): Private pilot privileges an**  **d limitations** :

Pilot in command Under § 61.113 (a) and (b), certified private pilo ts are limited to noncommercial operations. However, I am able to achieve an equivalent level of safety through current FAA regulations of UAS operation and AMA safety guid elines (outlined in the summary of this document) without such a certifi cation becaus e of the above mentioned safety features of the 3DR Solo . According to Exemption No. 12045 in which a similar UAS was authorized for similar operation, "The FAA has previously declared that additional manned airship experience of a commerciall y certified pilot would not correlate to the airmanship skills necessary fo r similarly proposed operations in previously issued exemptions to this regulation t hrough Exemption Nos. 11062 and 11138." Therefore, bearing any pilot certification or license wil l not ensure remote piloting skills of a UAS; the risks of operating this UAS ar e far less than the risk levels inherent in commercial activities with traditional aircraft given the 3DR Solo 's safety features and the limited range and speed of the UAS. Th e FAA has approved a similar exemption to the above rule as evidenced in Exemption No. 12058. **14 C.F.R 91.7: Civil aircraft airworthiness** Currently there is no certificate applicable to this UAS, and therefore it will be up to myself, Jamal A. Warner, to determine the airworthiness of the 3DR Solo in accordance with its official operating manual. Written and signed pre and post -flight inspections of the propellers, motors, frame, landing stands, camera an d gim bal unit, connected mobile devi ce , a compass ca libration and properly ensured GPS locks as indicated by the 3DR Solo 's display of "Safe to Fly" message will be perfor med before and after each flight, accurate records of which will be kept with the U AS's storage and transportation system at all times. T hese records will be logged and will i nclude the total flight time of each flight. **14 C.F.R. 91.9 (b)(2): Civil aircraft flight manual, marking, and placard requirement**  s As evidenced in Exemption 12045, since there are "no pil ots or passengers on board thi s aircraft, and given its size, this regulation is inapplicable . An equivalent level of safety will be achieved by maintaining a safety/flight manual wit h the operator." In addition to the official safety/flight manual provided by 3DR upon purchase of the Solo, following the AMA guidelines for safe flight operati ons and the FAA regulations for UAS operations will ensure a high level of safety. **14 C.F.R. 91.119(c): Minimum safe altitudes** I, Jamal A. Warner will ensure that the UAS does not oper ate any higher than 400 feet at ground level by setting the maximum altitude at 400 feet in 3DR Solo's pilot application and ensuring this is set before each flight as part of the pre -fl ight inspection. I will not fly over congested areas or directly above unprotected p eople or moving vehicles. I will plan operations before hand for proper flight safety and pro per height analysis as to avoid collisions. The GPS and barometric sensors equipped on the 3DR Solo will ensure accurate altitude readings, the output of which wil l be fed t o my tablet device in real time as I operate the UAS. **14 C.F.R. 91.121: Altimeter settings**The 3DR Solo utilizes the latest GPS technologies as well as a barometric sensor with live data output to

the tablet device attached to the transmitter. An equivalent level of safety and accurate altimeter telemetry will be achieved by using this. **14 C.F.R. 91.151(a)(1): Fuel Requirements for flight in VFR conditions** The 3DR Solo is electrically- powered by lithium ion batteries which are made by 3DR specifically for this particular UAS. They are rated as providing no longer than 25 minutes of flight time (no load) and 20 minutes of flight time with camera and gimbal . Therefore, due to the limitations of the batteries, it is currently impossible to comply wi th part 91.151. **14 C.F.R. 91.203(a) and (b): Civil aircraft: Certifications required** Currently, there are no procedures for providing airworthiness certificates for the mentioned UAS. I, Jamal A. Warner, however will alw ays fly safely while having the manu als of the 3DR Solo and abiding by FAA re gulations for UAS operation and AMA safety guidelines. **14 C.F.R. 91.405(a): Maintenance Required, 14 C.F.R. 91.407(a)(l): Operation after**  **maintenance, preventive maintenance, rebuilding, or alt**  **eration, 14 C.F.R. 91. 409(a)(l)**  **and (2): Inspections & 14 C.F.R. 91.417 (a) and (b): Maintenance records**  Maintenance inspections may be required and should be granted sinc e they apply to aircraft with an airworthiness certificate. However I, Jamal A. Warner, will perform both preflight and post -flight inspections of the UAS before and a fter each flight as outlined in the operating documents. I, Jamal A. Warner, will also follow manufacturer recommendations from said operating documents and keep a digital record of any maintenan ce done to the UAS. **Public Interest and Public Safety:** Aerial photography and videography provided to the public allows for a more cost- effective, safe, and environmentally-friendly metho d to capturing imagery than its alternative: manned aircraft and helicopters. The latt er are expensive to operate and maintain, create a high level of noise, and are much more hazardous due to size and combustible fuel - especially if flown at low altitudes r equired for some operations. I, Jamal A. Warner, in addition t o using my UAS for commerc ial endeavors, will also gladly **offer my services free of charge upon request** and with prop er coordination to any official search and rescue or emergency services organization to benefit the public. Because of this, an increase of commercial activity and a gaining of more detailed understanding of private and/or farm land would help local and area communities by: reducing pollution, risk, and operati ng costs by alternative aerial V ideo graphy an d Photography services such as manned airplanes and helicopters, reducing carbon emis sions and traffic congestion by vehicles looking to view properties such as real - estate or farm land, and i ncrease visibility to local attractions thereby bolster ing local commerce and tourism. Given that ther e is no fuel and no crew on this UAS, th at it weighs under five pounds and has propeller guards, as well as having a low maximum speed (less than 60 mph), safe operation of this craft does not pose any immediate dange r to the environment, wildlife, infrastr ucture or people.Given its GPS a nd ground - sensing capabilities, a failsafe "Return t o Home" mode will safely return the

cr aft to the operator at the push of a single button or automatically when the craft is e ither low on power or operating outside of it s transmitter's range. This ensures that the craft will not remain airborne in unsafe conditions and pose any public danger. **Summary** I, Jamal A. Warner, am seeking exemption from the followin g rules: 14 C.F .R. Part 21, 14 C.F.R. 45.23(b), 14 C.F.R. 61.11 3(a), 14 C.F.R. 91.7(a), 14 C.F.R. 91.9(b)(2), 14 C.F.R. 91.119(c), 14 C.F.R. 91.121, 14 C.F.R. 91.151(a)(l), 14 C.P.R. 91.203(a) and (b), 14 C.F.R. 91.405(a), 14 C.F.R. 91.407(a)(1), 14 C.F.R. 91.409(a)(l) and (2), 14 C.F.R. 91.417(a) and (b). With the exemptions of the mentioned rules I, **Jamal A. Warner**, will be seeking to make my UAS Photography/V ideography services available to public and commercial interests. The FAA has authorized similar operations under Exemption Nos. 12045 and 12053. Alt ernatively, public and commercial interests had previously sought the use of manned aircraft to achieve what I can offer in a safer, more cost - efficient and environmentally-friendly manner by not using combustib le fuel, flying at safe heights, no t carrying a crew and strictly following the usage recommendations from 3DR and safety procedures by the Academy of Model Aeronautics. These include but are not limited to: • Flying the 3DR Solo safely in accordance with its operator's manual • Maintaining active a nd full membership in t he Academy of Model Aeronautics (AMA), which provides' a high level of insurance and training programs to its members. • Always flying below 400 feet, using the 3DR Solo 's altitude limiter to ensure this. • Completing thorough inspection of UAS before and after flights and keeping inspection records with the craft at all times • Keeping the UAS in VLOS ( visual line of sight ) at all times when in operation with an VO(Visual Observer) • Remaining safely clear of and do not interfere wit h manned aircraft operations • Not flying directly over unprotected persons or moving vehicles • Not flying within 5 miles of an airport or control tower • Not flying in adverse weather conditions such as high winds, rain, snow, fog or impaired visibility • Not flying under the influence of alcohol or drugs • Ensuring the operating environment is safe • Not flying over sensitive infrastructure or property such as power st ations, water treatment facilities, correctional facilities, etc.• Checking and follo wing all local laws and ordina nces before flying over private property

• Not conducting surveillance or photographing per sons in areas where there is an expectation of privacy without the individual's permission **In addition to these above general standard s, I,**  **Jamal A. Warner, will follow and abide by the following 3DR’s manufacturer**  **safety guidelines:**
**FLIGHT CHECK** It’s good practice to perform a thorough pre -flight check every time you fly. Do the propellers, landing gear or other parts of your Solo show signs of wear? Are all the LEDs working? Has the compass been calibrated (the Solo app can walk you through this)? Is the battery charged and properly installed? Anything in the motors that might cause obstruction? Spinning props can cause injury — make sure the propellers are disarmed before handling your drone. With Solo, turning those spinning props off is as easy as hitting the “power” button on your controller. Before you take off, make sure you’re at a safe distance from your drone. And, unless you’re using the “Selfie” Smart Shot, avoid taking off with the drone facing towards you (“nose in”). This isn’t only for the obvious don’t -fly- at -your-face reasons, but also because when the drone is facing you the command sticks become inverted: “Forward” on th e stick actually appears to send the drone backwards, towards you. It’s easy to get disoriented. **IN FLIGHT** The best way to assure a successful flight is to keep your drone within visual line of sight at all times. Always watch your drone . Keeping visual track of your drone and its orientation at all times will go a long way towards preventing crashes and loss of control. Fly under 400 ft. (100 m). Not only is this an FAA regulation and ensures your flight doesn’t interfere with manned flights in your area , but it helps you maintain line of sight. To give you an idea of how high 400 feet is, the Statue of Liberty is 300 feet tall and the Washington Monument is 555 feet tall. Maintain a safe distance from people, vehicles, buildings and other major structure s or geographical features. Maintain a distance of 5 miles from airports (per FAA regulations) so as not to interfere with manned flights. It’s also a good idea to make sure no structures come between you and your drone that **CROWDS** It’s your job to ensure the safety of the people around you, and you should avoid flying over people and crowds at all times. Should you lose control or battery power, your drone may fall and strike someone. Though our drones are relatively low -weight and the chances of them doi ng serious harm are quite slim, the sharp spinning propellers can do damage, and the drone itself can cause a scare or a nasty bump on the head. So please: Steer clear of crowds, and make sure your drone maintains a safe distance fro m spectators**NO -**  **FLY ZON ES** 

Regulations on when and where to fly might seem complex and subject to frequent changes. Thankfully the FAA plans to launch an app called B4UFLY, which will advise drone users of any flight restrictions in their area, based on their GPS location. It’s o ur expectation that the FAA, whose mission it is to ensure a safe national airspace, will keep this database accurate and up to date. If you’d rather go the private route, you can also check out Airmap , an app that serves much the same purpose. We highly r ecommend that all 3DR users reference a resource like these apps before they fly. That said, here’s a cursory rundown on what’s off currently off- limits to drones in the US. This isn’t only for the safety of those around you, but for your own — violations of some of these spaces could get you thrown in jail. o Airspace above 400 ft o Airspace within 5 miles of an airport or airbase o Certain sensitive metropolitan and government areas (e.g., Washington DC; Manhattan) o National parks and recreation areas o Sensitive in frastructure (e.g. dams) o Many stadiums and arenas o Major public events, as the FAA determines case - by- case (e.g., the Super Bowl, the Boston Marathon)
**FAILSAFES** While we can’t ever rely entirely on technology to prevent accidents or bad behavior, as an inn ovative and conscientious company we do know there are some steps we can take to help ensure safe and successful flights. Here are the failsafes we’ve built into Solo — many are on all 3DR drones. o Auto takeoff/land — Solo offers pushbutton takeoff and landing o “Pause” button — an emergency airbrake that immediately stops Solo mid -flight and brings it to a hover o “Return Home” — push this button (with the image of a house) on Solo’s controller and Solo will automatically fly to a height of 50 feet and return to its po int of takeoff, where it will auto - land o Loss of GPS signal — If this happens in a mode that requires GPS, Solo will switch to manual flight mode o Loss of connection to controller — Solo returns home to land o Low battery — Solo first alerts you to a low battery; if you don’t bring it home, it will then come home to land o Common sense — duh**11.3 Regulatory Compliance 11.3.1 U.S.**

- FCC (Federal Communication Commission) 3DR Solo FCC: 2ADYD - S111A 3DR Solo Controller FCC: 2ADYD -AT11A This device complies with Part 15 of the FCC rules. Operation is subject to the following two conditions: (1) This device may not cause harmful interference, and (2) this device must accept any interference received, including interference that may cause undesired operation. Changes or modifications not expressly approved by 3D Robotics could void the user’s authority to operate the equipment. **Radiation Exposure Statement** : The Solo system has been tested to ensure compliance with FCC - mandated limits for general population radio freq uency (RF) exposure for an uncontrolled environment. These limits ensure that no harmful effects will result from operating Solo according to the standard operating procedures described in this manual. **UAS Information:** Make: **3DR** Year: **2016** Model : **Solo** FAA UAS Certificate Number: **FA3H9XTNKA** FAA Registration Issue Date: **01/29/16** FAA Registration Expiration Date: **01/29/2019** I thank you for your time and effort in processing t his request. Sincerely, Jamal A. Warner 522 Kalmia Sq NE Leesburg, VA 20176 571 - 526 - 8044