1 UNITED STATES OF AMERICA DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION

WASHI NGTON, D.C.

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

**CX5 VIDEO**  **& PHOTOGRAPHY**  **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**  **OP ERATION**  **OF DJI** 

**PHANTOM 3**  **UNMANNED AIRCRAFT**  **SYSTEM PURSUANT**  **TO SECTION**  **333 OF**  **T HE**  **FAA MODERNIZATION**  **AND REFORM**  **ACT OF**  **2012**

**(PUBLIC LAW**  **112**
**- 95)** 

Submitted on November 27, 2015 CX5 VIDEO AND PHOTOGRAPHY Michael Chavez [owner/operator] 635 Bel

-aire dr. Dinuba CA 93618 Cell [559]859

-9369

**TABLE OF**  **CONTENTS** Page GLOSSARY OF ABBREVIATIONS...................................................................................3
SUMMARY...........................................................................................................................42

INTRODUCTION AND INTERESTS OF PETITIONER....................................................4
BACKGROUND....................................................................................................................4
BASIS FOR PETITION.........................................................................................................4
NAME AND ADDRESS OF PETITIONER.............................................................6 THE SPECIFIC SECTIONS OF 14 C.F.R. FROM WHICH CX5 VIDEO AND PHOTOGRAPHY SEEKS EXEMPTION.....................................................................6 THE EXTENT OF RELIEF CX5 VIDEO AND PHOTOGRAPHY SEEKS AND THE REASON CX5 VIDEO AND PHOTOGRAPHY SEEKS THE RELIEF

.........9 THE REASONS WHY GRANTING CX5 VIDEO AND PHOTOGRAPHY REQUEST WOULD BE IN THE PUBLIC INTEREST

.............................. 11 THE REASONS WHY GRANTING THE EXEMPTION WOULD NOT ADVERSELY AFFECT SAFETY..........................................................................13 SUMMARY THAT CAN BE PUBLISHED IN THE FEDERAL REGISTER......22 ANY ADDITIONAL INFORMATION, VIEWS, OR ARGUMENTS AVAILABLE TO SUPPORT CI

NEMA CAPTURE VIDEOGRAPHY’S REQUEST.........................23 CONCLUSION....................................................................................................................23 APPENDICES

........................................................................ . ............... .24

**GLOSSARY OF**  **ABBREVIATIONS** AGL Above Ground Level AOI Area of Interest ATC Air Traffic Control ATO Air Traffic Organization AV Aerial Vehicle CFR Code ofFederal Regulations COA Certificate of Authorization FAA Federal Aviation Administration FAR Federal Aviation Regulation GCS Ground Control Station3

GPS Global Positioning System LOL Loss of Link NAS National Airspace System PIC Pilot In Command Section 333 FAA Modernization and Reform Act of 2012 (FMRA) Section 333 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 Landing

**SUMMARY** CX5 VIDEO AND 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 me to operate an Unmanned Aircraft System (UAS) for the commercial purpose of conducting aerial video and photography for of construction sites, real estate, landscape, and special events over certain areas ofthe United States.

**INTRODUCTION AND**  **INTERESTS OF**  **TH E**  **PETITIONER** CX5 VIDEO AND PHOTOGRAPHY, provides its clients with expertise and knowledge in the fields ofphotography and videography. CX5 VIDEO AND PHOTOGRAPHY, has been in business for 1 year and has worked with many clients on special events and weddings. CX5 VIDEO AND PHOTOGRAPHY, is experienced in all aspects ofvideography and photography

. The objective of CX5 VIDEO AND PHOTOGRAPHY’s aerial video and photography operations is to provide low cost, high quality imaging for a variety of commercial and residential customers. As well as to provide search and rescue services as required with local emergency management and to increase the public’s knowledge ofUAS and promote safe UAS operations.4 **BACKGROUND** Unmanned Aircraft Systems: DJI Phantom 3
CX5 VIDEO AND PHOTOGRAPHY, seeks an exemption to operate DJI systems for compensation or hire within 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 1280 gram, 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 UA is equipped with four main rotors; driven by Lithium Poly mer battery powered electric motors. The DJI Phantom 3 UA that will be operated by CX5 VIDEO AND PHOTOGRAPHY, will be registered in accordance with 49 U.S.C. 44103, Registration ofAircraft, 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, CX5 VIDEO AND PHOTOGRAPHY, pursuant to the provisions ofthe Federal Aviation Regulations (14 C.F.R. § 11.61) and the FAA Modernization and Reform Act of 2012 (FMRA), Section 333, Special Rulesfor Certain UnmannedAircraft Systems, hereby petitions the Administrator to commercially operate the DJI Phantom 3 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 ofthe speed, weight, size, and limited operating area associated with the unmanned aircraft and its operation, CX5 VIDEO AND PHOTOGRAPHY, will meet the conditions ofFMRA Section 333 and therefore, will not require an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H. Accordingly, CX5 VIDEO AND 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. CX5 VIDEO AND PHOTOGRAPHY, submits that the requested relief is proper since an equivalent level of safety will be ensured. Petitioner will use his experience to perform maintenance, alterations, or preventive maintenance on the UAS using the methods, techniques, and practices prescribed in the operating documents (i.e., Monthly Maintenance Log, and DJI Phantom 3 Instruction Manual). Furthermore, Petitioner will document and maintain all maintenance records for the DJI Phantom 3 UAS. Relief from certain requirements of Section 61.113(a) and (b), entitled Privatepilot privileges and limitations: Pilot in command, is requested by CX5 VIDEO AND PHOTOGRAPHY, to the extent necessary to allow a Pilot in Command (PIC) 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 maintaining appropriate distances from people, vessels, vehicles and structures. CX5 VIDEO AND PHOTOGRAPHY, seeks relief from Section 91.7(a), entitled Civil aircraft airworthiness, because the DJI Phantom 3 UAS do not require an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H. As such, CX5 VIDEO AND PHOTOGRAPHY, will ensure that the UAS is in an air worthy condition, prior to every flight,5

by determining that the UAS are in compliance with the operating documents (i.e., Monthly Maintenance Log, and DJI Phantom 3 Instruction Manual), and that the aircraft are in a condition for safe flight. CX5 VIDEO AND PHOTOGRAPHY, also seeks an exemption from the requirements of Section 91.121, entitled Altimeter Settings, as the DJI Phantom 3 UA will not have a ty pical barometric altimeter onboard. However, altitude information ofthe DJI Phantom 3 UA 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 ofthe flight path. This altitude information, combined with my operation ofthe DJI Phantom 3 UAS within visual line of sight, at or below 400 feet AGL, will ensure a level of safety equivalent to Section 91.121.Additionally, CX5 VIDEO AND PHOTOGRAPHY, seeks an exemption from the requirements of Section 91.151(b), entitled Fuel requirement sforflight in VFR conditions

. CX5 VIDEO AND PHOTOGRAPHY, submits that safety will not be affected by operation ofthe DJI Phantom 3 UA 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 15 minutes to the first point of intended 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, CX5 VIDEO AND PHOTOGRAPHY, provides the following information in support of its petition for exemption:

**A. Name**  **And Address**  **Of The**  **Petitioner:**
CX5 VIDEO AND PHOTOGRAPHY Michael Chavez [owner/operator] 635 Bel

-aire dr Dinuba CA 93618 Cell: [559]859

-9369 Email: AmazingWeddingMovies@gmail.com **B. The**  **Specific Sections**  **Of 14**  **C.F.R. from**  **Which CX5**  **VIDEO AND**  **PHOTOGRAPHY, Seeks**  **Exemption. 1.**  **CX5 VIDEO**  **AND PHOTOGRAPHY,**  **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 (PIC) 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.6

(b) 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. **2. CX5**  **VIDEO AND**  **PHOTOGRAPHY, 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. CX5**  **VIDEO AND**  **PHOTOGRAPHY, 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 ofthe aircraft; (ii) Ifthere is no station within the area prescribed in paragraph (a)(1)(i) ofthis 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 ofthe departure airport or an appropriate altimeter setting available before departure. **4. CX5**  **VIDEO AND**  **PHOTOGRAPHY, Seeks**  **Exemption From**  **The Requirements**  **Of Section**  **91.151(b ).**  Section 91.151, entitled Fuel requirementsforflight in VFR conditions, subsection (b), states the following: (b ) No person may begin aflight in a rotorcraft under VFR conditions unless (considering wind andforecast weather conditions) there is enoughfuel tofly to the firstpoint ofintended landing and, assuming normal cruising speed, tofly after that for at least 20 minutes. **5. CX5**  **VIDEO AND**  **PHOTOGRAPHY, Seeks**  **Exemption From**  **The Requirement**  **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 ofthis part and shall between required inspections, except as provided in paragraph (c) ofthis section, have discrepancies repaired as prescribed in part 43 ofthis chapter[.]7

**6. CX5**  **VIDEO AND**  **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 § 43.7 of this chapter. **7. CX5**  **VIDEO AND**  **PHOTOGRAPHY, 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: (a) Except as provided in paragraph (c) ofthis 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 ofthis chapter and has been approved for return to service by a person authorized by § 43.7 ofthis chapter; or (2) An inspection for the issuance of an airworthiness certificate in accordance with part 21 ofthis chapter. **8. CX5**  **VIDEO AND**  **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) ofthis section: (1) Records ofthe maintenance, preventive maintenance, and alteration and records ofthe 100

-hour, annual, progressive, and other required or approved inspections, as appropriate, for each aircraft (including the airframe) and each engine, propeller, rotor, and a

ppliance of an aircraft. The records must include

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

-limited parts of each airframe, engine, propeller, rotor, and appliance.8 (iii) The time since last overhaul of all items installed on the aircraft which are required to be overhauled on a specified time basis. (iv) The current inspection status ofthe 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. Ifthe AD or safety directive involves recurring action, the time and date when the next action is required. (vi) Copies ofthe forms prescribed by § 43.9(d) ofthis chapter for each major alteration to the airframe and currently 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) ofthis 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) ofthis 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 ofthis chapter shall be retained until the defects are repaired and the aircraft is approved for return to service. **C. The**  **Extent Of**  **Relief CX5**  **VIDEO AND**  **PH OTOGRAPHY,**  **Seeks And**  **The Reason**  **CX5 VIDEO**  **AND PHOTOGRAPHY,**  **Seeks The**  **Relief. 1.**  **Extent Of**  **Relief CX5**  **VIDEO AND**  **PHOTOGRAPHY, Seeks**  **And The**  **Reason CX5**  **VIDEO AND**  **PH OTOGRAPHY,**  **Seeks Relief**  **From Section**  **61. 113(a)**  **And (b).**  Relief from Section 61.113(a) and (b) entitled Privatepilotprivileges and limitations: Pilot in command, is requested to the extent necessary to allow a PIC holding a private pilot or higher level certificate, as well as a current and valid airman medical certificate, 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 fully below, CX5 VIDEO AND PHOTOGRAPHY, submits that an equivalent level of safety will be maintained because no PIC will be allowed to operate the DJI Phantom 3 UA except for the petitioner. Further, CX5 VIDEO AND PHOTOGRAPHY, submits that all flights ofthe DJI Phantom 3 UAS, conducted by the PIC pursuant to the grant ofthis Petition: (1) will be incidental to petitioner and (2) will not carry passengers or property for compensation or hire.9

**2. Extent**  **O f**  **Relief CX5**  **VIDEO AND**  **PHOTOGRAPHY, Seeks**  **And The**  **Reason CX5**  **VIDEO AND**  **PH OTOGRAPHY,**  **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 CX5 VIDEO AND PHOTOGRAPHY, to determine that the DJI Phantom 3 UAS is in airworthy condition prior to every flight by ensuring that the UAS is in compliance with the operating documents (i.e., Operations Manual, Monthly Maintenance Log, and DJI Phantom 3 Instruction Manual). CX5 VIDEO AND PHOTOGRAPHY, seeks the requested reliefbecause the DJI Phantom 3 UAS do not require an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H. Therefore, CX5 VIDEO AND 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 are in condition for safe flight, as stated in the conditions and limitations below.
**3. Extent**  **Of Relief**  **CX5 VIDEO**  **AND PHOTOGRAPHY,**  **Seeks And**  **The Reason**  **CX5 VIDEO**  **AND PH** **OTOGRAPHY, Seeks**  **Relief From**  **Section 91.121.**  Relief from Section 91.121, entitled Altimeter settings, may be required to allow flight operations ofthe DJI Phantom 3 UAS, 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), CX5 VIDEO AND PHOTOGRAPHY, seeks the requested relief because the DJI Phantom 3 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 ofthe 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 equivalent level of safety will be maintained since the DJI Phantom 3 UA 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 provides the PIC with altitude information ofthe UA on the heads

-up display ofthe GCS.
**4. Extent**  **Of Relief**  **CX5 VIDEO**  **AND PHOTOGRAPHY,**  **Seeks And**  **The Reason**  **CX5 VIDEO**  **AND PH** **OTOGRAPHY, Se** **eks 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 DJI Phantom 3 UA during daylight hours in visual meteorological conditions (VMC), under visual flight rules (VFR), for a total duration of 15 minutes to the first point of intended landing and, assuming normal cruising speed, to fly after that for at least 4.5 minutes. CX5 VIDEO AND PHOTOGRAPHY, seeks the requested reliefbecause without an exemption from Section 91.151(b), the flight time duration ofthe battery powered DJI Phantom 3 UA will severely constrain the practicality of any aerial video or still photo flight operations that CX5 VIDEO AND PHOTOGRAPHY, proposes to conduct pursuant to this Petition.10

Significantly, as set forth below, the technical specifications ofthe DJI Phantom 3 UAS, the DJI Phantom 3 operating documents, and CX5 VIDEO AND PHOTOGRAPHY, proposed operating limitations, ensure that CX5 VIDEO AND PHOTOGRAPHY, will safely operate the battery powered DJI Phantom 3 UA during daylight hours in visual meteorological conditions (VMC), under visual flight rules (VFR), 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 fly after that for at least 4.5 minutes.
**5. Extent**  **Of Relief**  **CX5 VIDEO**  **AND PHOTOGRAPHY,**  **Seeks And**  **The Reason**  **CX5 VIDEO**  **AND PH** **OTOGRAPHY, 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, CX5 VIDEO AND PHOTOGRAPHY, requests relief from these Sections because 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, CX5 VIDEO AND PHOTOGRAPHY, will perform maintenance, alterations, or preventive maintenance on the UASs using the methods, techniques, and practices prescribed in the UAS operating documents (i.e., the Operations Manual, Monthly Maintenance Log, and DJI Phantom 3 Instruction Manual). Furthermore, CX5 VIDEO AND PHOTOGRAPHY, will document and maintain all maintenance records for the DJI Phantom 3 UAS.
**D. The**  **Reasons Why**  **Granting CX5**  **VIDEO AND**  **PHOTOGRAPHY ’** **s Request**  **Would Be**  **In The**  **Public Interest** **; That**  **Is, How**  **It Would**  **Benefit The**  **Public As**  **A Whole.**  Granting the present Petition will further the public interest by allowing CX5 VIDEO AND PHOTOGRAPHY, to safely, efficiently, and economically perform aerial video and photography of construction sites, real estate, landscape, and special events over certain areas of the United States. Additionally, use ofthe DJI Phantom 3 UAS will decrease congestion ofthe NAS, reduce pollution, and provide significant benefits to the economy
. Notably, the benefits of CX5 VIDEO AND PHOTOGRAPHY, proposed operation ofthe 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 UA is battery powered and serves as a safe, efficient, and economical alternative to the manned aircraft traditionally utilized to obtain aerial imagery

. By reducing the amount ofmanned aircraft needed to perform aerial acquisitions, an exemption allowing the use of a DJI Phantom 3 UAS would reduce the amount ofmanned aircraft in the NAS, 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 ofmanned aircraft operating in the NAS, congestion around airports caused by arriving and departing aircraft will be reduced. The DJI Phantom 3 UA does not require an airport to takeoff or land. Likewise, a reduction ofmanned aircraft conducting aerial video and photography missions would result in fewer aircraft that11

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**  **3UAS.** Conducting aerial acquisitions with the DJI Phantom 3 UAS, instead ofmanned aircraft, 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 produces no air pollution, and is the most viable environmentally conscious alternative to the cabin class, six cylinder internal combustion engine aircraft that are ty pically utilized for aerial video and photography, while burning approximately 20

-30 gallons per hour of leaded aviation fuel. The DJI Phantom 3 UA, while reducing the carbon footprint of aerial acquisitions, also eliminates noise pollution, as the UA 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 completely eliminated. Aside from the lack of flight crew members located onboard the aircraft, DJI Phantom 3 UA (weighing approximately 2 pounds 11 ounces, at maximum gross weights with lengths of 16 inches, widths 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 ty pically 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 Video**  **and Photography**  **Operations With**  **The DJI**  **Phantom 3**  **UAS Will**  **Benefit The**  **Economy.**
In addition to being safe and efficient, the DJI Phantom 3 UAS is also an economical alternative to using manned aircraft to conduct similar aerial operations. As such, operation of the DJI Phantom 3 UAS will allow United States based companies, like CX5 VIDEO AND PHOTOGRAPHY, to remain competitive and contribute to growth ofthe 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 competitive. Operating the battery powered DJI Phantom 3 UAS is one such technology that not only allows companies greater operational flexibility compared to manned aircraf t, but provides such flexibility without the high operational cost of a traditional manned aircraft. By operating the DJI Phantom 3 UAS, companies such as CX5 VIDEO AND PHOTOGRAPHY, can remain competitive and profitable, and therefore, provide greater job stability to employees and contractors, which will ultimately contribute to growth ofthe U.S. economy. Improved financial performance ofU.S. companies, through commercial use ofthe DJI Phantom 3 UAS, provides a stable workforce that increases consumer spending; improves local, state, and federal tax revenues; and allows companies to invest in research and development in order to remain competitive both in the United States and abroad.12

**4. There**  **Are No**  **Privacy Issues.**  Similar to the manned aerial acquisition flight operations that have been conducted for decades, CX5 VIDEO AND PHOTOGRAPHY, proposed operation ofthe DJI Phantom 3 UAS will not implicate any privacy issues. Specifically, DJI Phantom 3 UAS will be operated only in compliance with operating documents (i.e., the Operations Manual, Monthly Maintenance Log, and DJI Phantom 3 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**  **Equal To**  **That Provid** **ed By**  **The Rule**  **From Which**  **I Seek**  **Exemption. 1.**  **Reasons Why**  **The DJI**  **Phantom 3**  **UA Meets**  **The Conditions**  **Of The**  **FAA Modernization**  **and Reform**  **Act of**  **2012 (FMRA)**  **Section 333.**  In consideration ofthe size, weight, speed, and limited operating area associated with the unmanned aircraft and its operation, my operation ofthe DJI Phantom 3 UAS meets the conditions ofFMRA 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 ofthe 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 ofthis subtitle, and not later than 180 days after the date ofenactment ofthis Act, the Secretary ofTransportation shall determine ifcertain unmanned aircraft systems may operate safely in the national airspace system before completion oftheplan and rule making required by section 332 ofthis Act or the guidance required by section 334 ofthis Act. (b ) Assessment of Unmanned Aircraft Systems.

--In making the determination under subsection (a

), the Secretary shall determine, at a minimum

-- (1 ) which types ofunmanned aircraft systems, ifany, as a result oftheir size, weight, speed, operational capability, proximity to airports andpopulated areas, and operation within visual line ofsight do not create a hazard to users ofthe national airspace system or thepublic orpose a threat to national security; and (2 ) whether a certificate ofwaiver, certificate ofauthorization, or airworthiness certification under section 44704 oftitle 49, United States Code, is required for the operation ofunmanned aircraft systems identified underparagraph (1 ). (c) Requirementsfor Safe Operation.

--Ifthe Secretary determines under this section that certain unmanned aircraft systems may operate safely in the national airspace13 system, the Secretary shall establish requirementsfor the safe operation ofsuch aircraft systems in the national airspace system. In seeking this exemption, CX5 VIDEO AND PHOTOGRAPHY, submits that the DJI Phantom 3 UAS can operate safely in the NAS pursuant to FMRA Section 333, as demonstrated by: (a) the characteristics ofthe DJI Phantom 3 UAS; (b) the pilot certification requirement; and (c) the specific operating limitations.

**a. The**  **Specifications Of**  **DJI Phantom**  **3 UAS**  **Demonstrates Its**  **Safe Characteristics.**  The DJI Phantom 3 UAS does not create a hazard to users ofthe NAS or the public, or otherwise pose a threat to national security considering its size, weight, speed, and operational capability

. **i. Technical**  **Specifications Of**  **The DJI**  **Phantom 3**  **UAS.** The technical specifications ofthe DJI Phantom 3 UAS is set forth by the DJI Phantom 3 Specifications and Data Sheet.

**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 operated in both manual and fully autonomous flight modes. A complete description ofthe flight and navigational modes ofthe DJI Phantom 3 UAS is available on-line at DJI Phantom 3 User Manual

.

**iii. The**  **DJI Phantom**  **3 UAS**  **Is 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 DJI Phantom 3 UA will remain stationary, in flight, for 3 seconds or more. If, after 3 seconds, the DJI Phantom 3 UA does not reacquire control link data from the GCS, the UA will assume that the Control Link is lost and the UA will return to the home position (i.e., failsafe mode) via GPS, and will descend to the takeoffposition and shutdown. A complete description ofthe Failsafe Functions ofthe DJI Phantom 3 UAS is available on-line at DJI Phantom 3 User Manual

.

**a. Flights**  **Of DJI**  **Phantom 3**  **UAS Will**  **Be Conducted**  **Pursuant To**  **Specific Operating**  **Limitations.**
In seeking this exemption, CX5 VIDEO AND PHOTOGRAPHY, proposes to commercially operate DJI Phantom 3 UAS for the purpose of conducting aerial video and photography over certain areas ofUnited States, pursuant to the following specific operating limitations:14

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 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 UA may not be flown at an indicated airspeed exceeding 20 knots.
4. The UA must be operated at an altitude ofno more than 400 feet above ground level (AGL), as 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 UA must be operated within visual line of sight (VLOS) ofthe PIC at all times. This requires the PIC to be able to use human vision unaided by any device other than corrective lenses, as specified 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 ofthe 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 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 the 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. Ifthe 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 grant15 of exemption. The FAA’s UAS Integration Office (AFS

-80) may be contacted if questions arise regarding updates or revisions to the operating documents.
10. Prior to each flight the PIC must inspect the UAS to ensure that it is in a condition for safe flight. Ifthe inspection reveals a condition that affects the safe operation ofthe 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 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 ofthe operating documents. 13. The operator must follow the UAS manufacturer’s aircraft/component, maintenance, overhaul, replacement, inspection, and life limit requirements.
14. The operator must carry out its maintenance, inspections, and record keeping requirements, in accordance with the operating documents. Maintenance, inspection, alterations, and status ofreplacement/overhaul component parts must be noted in the aircraft records, including total time in service, description ofwork accomplished, and the signature ofthe authorized person returning the UAS to service.
15. Each UASs operated under this exemption must comply with all manufacturer Safety Bulletins.
16. The authorized person must make an entry in the aircraft record ofthe corrective action taken against discrepancies discovered between inspections.
17. The operator may not permit any PIC to operate unless the PIC meets the operator’s qualification 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, vehicles 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 ofthe exemption. However, training operations may only 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. § 91.119.16

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 400 feet below or less than 2,000 feet horizontally from a cloud or when visibility is less than 3 statute miles from the PIC.
21. Ifthe UA loses communications or loses its GPS signal, it must return to a predetermined location within the planned operating area and land or be recovered in accordance with the operating documents.
22. The PIC must abort the flight in the event ofunpredicted 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 cruising speed to the intended landing point and land the UA with 25% battery power remaining.
24. 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 the 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 airspace, altitude level and potential transponder requirements.
25. 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.
26. Before conducting operations the radio frequency spectrum used for operation and control ofthe UA must comply with the Federal Communications Commission (FCC) or other appropriate government oversight agency requirements.
27. 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 ofthe UAS any time the UAS is operating.17 These documents must be made available to the Administrator or any law enforcement official upon request.
28. The UA must remain clear and yield the right ofway to all manned aviation operations and activities at all times.
29. The UAS may not be operated by the PIC from any moving device or vehicle.
30. 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 ofthe 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 ofthe 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).
31. 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.
32. Any incident, accident, or flight operation that transgresses the lateral or vertical boundaries ofthe operational area as defined by the applicable COA must be reported to the FAA's UAS Integration Office (AFS

-80) within 24 hours. Accidents must be 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.**  CX5 VIDEO AND PHOTOGRAPHY, 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 DJI Phantom 3 UAS except CX5 VIDEO AND PHOTOGRAPHY, and 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.18

Considering CX5 VIDEO AND PHOTOGRAPHY’s, proposed area of operations, and the operating limitations set forth

-above; the parallel nature ofprivate pilot aeronautical knowledge requirements to those of commercial pilot requirements (See Exemption No. 11062); and the airmanship skills necessary to safely operate the DJI Phantom 3 UAS, CX5 VIDEO AND PHOTOGRAPHY, submits that the additional manned airmanship experience of a commercially certificated pilot would not correlate to the airmanship skills necessary for CX5 VIDEO AND PHOTOGRAPHY’s, specific proposed f light 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 Nos. 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110, 11112, 11136, 11138, 11150, 11153, 11156, 11158, 11159, 11160, 11161). CX5 VIDEO AND PHOTOGRAPHY, will not allow any PIC to operate the DJI Phantom 3 UAS except petitioner and that PIC has demonstrated, by meeting minimum flight

hour requirements or DJI Phantom 3 UAS training 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 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 oftotal 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 ofUAS 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 regulations will ensure an equivalent level of safety during my proposed operations. The Administrator has held that prior documented flight experience that was obtained in compliance with applicable regulations would ensure safe operations, stating as follows: In Exemption No. 11062, the FAA required that prior to conducting operations for the purpose ofmotion picture filming (or similar operations), the PIC must have accumulated and logged, in a manner consistent with 14 CFR 61.51(b), 25 hours oftotal time as 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 ofUAS to be used for operations under the exemption. For clarification, the FAA considers these minimum hour requirements to be inclusive rather than additive; i.e. 5 hours make and model time may be included in the 10 hours ofmulti

-rotor time and the 10 hours may be included in the total 25 hours ofUAS 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 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 that 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

-building19

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, CX5 VIDEO AND 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.
**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, CX5 VIDEO AND PHOTOGRAPHY, will ensure that the DJI Phantom 3 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. 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 ofthe DJI Phantom 3 UA 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 ofthe flight path and altitude. This altitude information, combined with my operation ofthe DJI Phantom 3 UA 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 UAS 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 ofthis exemption would ensure an equivalent level of safety established by 14 C.F.R. Section 91.151(b) as a result of (1) the technical specifications ofthe DJI Phantom 3 UAS; (2) the limitations on the proposed flight operations; and (3) the location ofthe proposed flight operations. Accordingly, CX5 VIDEO AND PHOTOGRAPHY, will ensure that it will safely operate the battery powered DJI Phantom 3 UA during daylight hours in VFR conditions,20

with enough battery power to fly for a total duration of 15 minutes to the first point of intended landing and, assuming normal cruising speed, to fly after that for at least 4.5 minutes. Here, as in Exemption No. 11109, the technical specifications ofthe DJI Phantom 3 UAS; 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, safety will be ensured as the DJI Phantom 3 UAS provides audible and visual warnings to the PIC at the GCS when the UAS experiences low battery voltage, the first warning occurring at approximately 33% remaining battery power, and again at approximately 10% remaining battery power. At the critically low battery level, the DJI Phantom3 UAS will descend and land automatically. Significantly, previous exemptions granted by the FAA concerning Section 91.151 establish that safety is not adversely affected when the technical characteristics and operating limitations ofthe UAS are considered. Reliefhas 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, 11 158, 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, CX5 VIDEO AND PHOTOGRAPHY, submit 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 CX5 VIDEO AND PHOTOGRAPHY, will use trained technicians to perform maintenance, alterations, or preventive maintenance on the UAS using the methods, techniques, and practices prescribed in the operating documents (i.e., the Operations Manual, Monthly Maintenance Log, and DJI Phantom 3 Instruction Manual). Furthermore, I will document and maintain all maintenance records for DJI Phantom 3 UAS. Likewise, the exemption sought will not adversely affect safety because CX5 VIDEO AND PHOTOGRAPHY, will use my experience 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 ofthe DJI Phantom 3 UAS will be performed by me. Maintenance will be documented and maintained utilizing the monthly maintenance log. Significantly, previous exemptions granted by the FAA concerning Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b) establish that safety is not adversely affected when the technical characteristics and operating limitations ofthe UAS are considered. In consideration ofmy proposed operating limitations, the operating documents, and the technical aspects ofthe DJI Phantom 3 UAS, I submit 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), 91.409(a)(2),21

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, 11112, 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 ofthe FAA Modernization and Reform Act of 2012 (FMRA) and 14 C.F.R. § 21.16 entitled Special Conditions, CX5 VIDEO AND PHOTOGRAPHY, requests that the FAA prescribe special conditions for the intended operation of DJI Phantom 3 UAS, which contain such safety standards that the Administrator finds necessary to establish a level of safety equivalent to that established by 14 C.F.R. Part 21, Subpart H, and 14 C.F.R §§ 61.113(a) & (b), 91.7 (a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b). Such special conditions will permit safe operation ofthe UA for the limited purpose of conducting aerial video and photography over certain areas ofthe United States for compensation or hire. FMRA Section 333 sets forth the requirements for considering whether a UAS will create a hazard to users ofthe 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 established for the safe operation ofthe UAS in the NAS. Likewise, the Administrator may prescribe special conditions pursuant to 14 C.F.R. § 21.16, for operation of the DJI Phantom 3 UAS, 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 ofthe aircraft. Section 21.16, entitled Special Conditions, states the following: If the FAA finds that the airworthiness regulations ofthis subchapter do not contain adequate or appropriate safety standards for an aircraft, aircraft engine, or propeller because of a novel or unusual design feature ofthe aircraft, aircraft engine or propeller, he prescribes special conditions and amendments thereto for the product. The special conditions are issued in accordance with Part 11 ofthis chapter and contain such saf ety 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 CX5 VIDEO AND PHOTOGRAPHY,’s intended operation of DJI Phantom 3 UAS, which contain such safety standards that the Administrator finds necessary to establish a level of safety equivalent to that established by 14 C.F.R. Part 21, Subpart H, and 14 C.F.R Sections 61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b).

**F. A**  **Summary That**  **Can Be**  **Published In**  **The Federal**  **Register, stating:**  **The Rules**  **Fro m**  **Which I**  **Seek Exemption:** 22

CX5 VIDEO AND PHOTOGRAPHY, seeks exemptionfrom the requirements of14 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 N** **ature Of**  **The Exemption**  **I Seek:** 
This exemption willpermit CX5 VIDEO AND PHOTOGRAPHY, to commercially operate an UnmannedAircraft System (UAS)for thepurpose ofconducting aerial video and photography over certain areas ofthe United States.

**G. Any**  **Addi tional**  **Information, Views,**  **Or Arguments**  **Available To**  **Support CX5**  **VIDEO AND**  **PHOTOGRAPHY, 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 safely in the NAS. As such, CX5 VIDEO AND PHOTOGRAPHY’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 ofthe 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. As discussed in detail above, CX5 VIDEO AND PHOTOGRAPHY, will operate the DJI Phantom 3 UAS safely in the NAS, without creating a hazard to users ofthe NAS, or the public, or otherwise pose a threat to national security

.

**CONCLUSIO N**  As set forth herein, CX5 VIDEO AND PHOTOGRAPHY, seeks an exemption pursuant to 14 C.F.R. § 11.61 and Section 333 ofthe FAA Modernization and Reform Act of 2012 (FMRA), which will permit safe operation ofthe DJI Phantom 3 UAS commercially, without an airworthiness certificate, for the limited purpose of conducting aerial video and photography over certain areas ofthe United States. By granting this Petition, the FAA Administrator will be fulfilling the Congressional mandate ofthe FAA Modernization and Reform Act of 2012, while also advancing the interests ofthe public, by allowing CX5 VIDEO AND PHOTOGRAPHY, to safely, efficiently, and economically operate the DJI Phantom 3 UAS commercially within the NAS.
**WHEREFORE**, in accordance with the Federal Aviation Regulations and the FAA Modernization and Reform Act of 2012, Section 333, CX5 VIDEO AND PHOTOGRAPHY, respectfully requests that the Administrator grant this Petition for an exemption from the requirements of 14 C.F.R Sections 61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b), and permit CX5 VIDEO AND PHOTOGRAPHY, to operate the DJI Phantom 3 UAS commercially for the purpose of conducting aerial video and photography over certain areas ofthe United States. Dated: July 6, 201523 Respectfully submitted

CX5 VIDEO AND PHOTOGRAPHY Michael Chavez [owner\operator] 635 Bel

-aire dr. Dinuba CA 93618 Cell: [559]859

-9369 APPENDICES: Appendix A

– Phantom 3 Technical Specifications Appendix B

- Phantom 3 Pre

-Flight Inspection Check List Appendix C

– Phantom Flying Flowchart Appendix D

– Monthly Maintenance Log

**APPENDIX A** 
**DJI PHANTOM**  **3 TECHNICAL**  **SPECIFICATIONS**
**CX5 VIDEO**  **AND PH** **OTOGRAPHY**, only 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 information to the PIC via the linked monitor (smart phone/tablet devices).
Phantom 3 Purchased from DJI General Specs. **Weight (Including**  **Battery And**  **Propellers)** 1280 g **Diagonal Size**  **(Including Propellers)**  590 mm **Max Ascent**  **Speed** 5 m/s **Max Descent**  **Speed** 3 m/s **Hover Accuracy**  Vertical: +/

- 10cm Horizontal: +/

- 1m **Max Speed**  16 m/s (ATTI mode, no wind)24

**Max Altitude**  **Above Sea**  **Level** 6000 m **Operating Temperature**  0°C to 40°C **GPS Mode**  GPS/GLONASS Camera **Sensor** Sony EXMOR 1/2.3” Effective pixels: 12.4 M (total pixels: 12.76 M) **Lens** FOV 94° 20 mm (35 mm format equivalent) f/2.8, focus at ∞ **ISO Range**  100

-3200 (video) 100

-1600 (photo) **Shutter Speed**  8s

-1/8000s **Image Max**  **Size** 4000 x 3000 **Still Photography**  **Modes** Single Shot Burst Shooting: 3/5/7 shots Auto Exposure Bracketing (AEB): 3/5 Bracketed Frames at 0.7EV Bias Time

-lapse **Video Recording**  **Modes** Phantom 3 Professional UHD: 4096x2160p 24/25, 3840x2160p 24/25/30 FHD: 1920x1080p 24/25/30/48/50/60 HD: 1280x720p 24/25/30/48/50/60 **Supported SD**  **Card Types**  Micro SD Max capacity: 64 GB. Class 10 or UHS

-1 rating required **Max Bitrate**  **Of Video**  **Storage** 60 Mbps **Supported File**  **Formats** FAT32/exFAT Photo: JPEG, DNG Video: MP4, MOV (MPEG

-4 AVC/H.264) **Operating Temperature**  0°C to 40°C Gimbal **Controllable Range**  Pitch

-90° to +30° **Stabilization** 3

-axis (pitch, roll, yaw) Vision Positioning **Max Velocity**  Less than 8 m/s (when 2 m above ground) **Altitude Range**  30 cm-300 cm **Operating Range**  30 cm-300 cm25

**Operating Environment**  Surface with clear pattern and adequate lighting (Lux > 15) Remote Controller **Operating Frequency**  2.400 GHz

-2.483 GHz **Max Distance**  2000m (outdoors and unobstructed) **Video Output**  **Port** USB **Operating Temperature** 1.1 **APPENDIX B** 

Phantom 3 Pre

-Flight Inspection Check List
Pre

-Flight Check List ο Visual inspection for defects ο Batteries fully charged and checked

- Transmitter, UAS, iPad, iPhone, approved/compatible device ο Props tightened and locked ο SD card in camera ο Lens cap removed (As necessary) ο Antennae up and parallel ο Transmitter turned on (press once, release, then press and hold for 3 seconds) ο Ensure Transmitter is in P Mode ο UAS turned on (press once, release, then press and hold for 3 seconds) ο Flick the transformation switch on transmitter up and down 4 times quickly to convert from travel mode to flight mode or use the app ο DJI Pilot app quit and restarted, no other running apps on iPad ο Tap bar at top of app (Safe to Fly GPS) for full status ο Maps are cached (move the map around, zoom in an out) ο Minimum return height adjusted (check for tallest object and set accordingly) ο UAS placed in safe launch and recover position ο Home point reprogrammed via app ο Area clear ofpeople / obstructions Flight Check List ο Hover close for 20 seconds. Look / Listen for defects ο Confirm expected stick operation ο Monitor battery power ο Monitor signal strength ο Keep line

-of

-sight with UAS
o Ensure area/zone of intended flight path is clear of other aerial traffic.

o Ensure area/zone of intended flight path is clear of any electrical/power lines

o Ensure atmospheric conditions are optimal for safe operation ofUAV/UAS Select a safe zone to “ditch” the UAV/UAS in the event an emergency landing is required26 **APPENDIX C** 27 **APPENDIX D**