January 22 , 2016

Elmer’s Aviation, LLC 3600 Rennie School Road Traverse City, MI 49685 U.S. Department of Transportation Docket Management System 1200 New Jersey Avenue SE Washington, DC 20590 Re: Exemption Request Under Section 333 of the FAA Reform Act and Part 11 of the Federal Aviation Regulations Dear Sir or Madam, Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (the “Reform Act”) and 14 C.F.R. Part 11, Elmer’s Aviation, LLC seeks an exempti on from Federal Aviation Regulations (“FARs”) listed below for one (1) DJI Phantom 2 Professional and one (1) DJI Phantom 3 Advanced, quadcopters manufactured by DJI - Innovations. The requested summary exemption would support an application for a “blanket” commercial Certificate of Authorization to use the system to capture aerial photography and videography. Both DJI Phantom syste ms consist of a lightweight (2.8 lb) battery operated aircraft, a tablet- based ground control station and/or RC Controller, and associated communications equipment. The aircraft carries an onboard gimbaled camera that allows it to obtain photographs and video . The requested exemption would permit Elmer’s Aviation, LLC to pursue its commercial interests in providing services to cli ents using a small advanced UAS in the following areas: • Real Estate/Architecture • Construction Site Inspection • Marketing • Surveying/Mapping • Sporting Events • Special Events/FestivalsThe regulations from which the exemption is requested are as follows:

- 14 CFR Part 21

- 14 CFR 91.203

- 14 CFR 45.10

- 14 CFR 45.11

- 14 CFR 45.23, and 45.29

- 14 CFR 91.9

- 14 CFR 61.101(e)4 and (5)

- 14 CFR 61.113, 61.133

- 14 CFR 61.23(a)

- 14 C FR 61. 3 and 61.315(a)

- 14 CFR 91.109, 91.119

- 14 CFR 91.121, 91 .151

- 14 CFR 91.203 (a) & (b), 91.205, and 91.215

- 14 CFR Subpart E (91.401 - 91.417 , and 91.7(a) , and 91.9 (b)(2) )

- FAA Policy 8900.227 Paragraph 16(c)(4) and Paragraph 16(e)(1) **Unmanned Aircraft System** UAS are often seen as superior to helicopters as an aerial video gathering platform due to the smaller size of the devices, lower fuel emissions, more affordable equipment and personnel cost, reduced noise, and a much smaller environmental impact which pro motes public safety. In the unlikely event of a crash, an UAS system would be a smaller risk to the public at large versus a fueled manned aircraft. Elmer’s Aviation, LLC is petitioning for an exemption to operate one (1) DJI Phantom 2 and one (1) DJI Ph antom 3 Advanced (DJI P2 and DJI P3) with a built- in stabilized HD camera and the following GPS safety features : • Restricts the height Above Ground Level (AGL) to a specified user generated height. • Restricts the radius of flight from the ground station to a user- generated distance. • Restricts operations within designated Class B, C, and D airspace including a no -fly zone feature. The DJI Phantoms also have a failsafe function that is triggered in the event communications are lost between the UAS and the main controller transmitter. In the unlikely event this occurs, the UAS will return to its point of takeoff and land safety. If communications are restored, the PIC can regain control of flight and land manually. These specifications meet with the Model Aircraft Operating Standards (AC 91 - 57) as set below: 1. The petitioner will only operate its UAS in line - of- sight of a P ilot in Command (PIC) and/or ground based Visual O bserver (VO) and will operate at sites that are ‘sufficient distance’ from po pulated areaswithin the sterile area described in the FOPM. Such operations will

ensure that the UAS will “not create a hazard to users of the national airspace system or the public.” The orientation of flights will be such that the PIC or VO always has a visual on the rear mounted LED flight Indicator. Additional safety features on the DJI Phantom 2 and 3 include an automatic return -to - home feature enacted upon low battery level. 2. When flying the UAS withi n three (3) miles of an airport the operator will give the right- of- way to any manned aircraft
. 3. Pre -flight inspection would include checki ng battery condition/level in the transmitter, control tablet, and UAS; a visual/operational check of the propellers; a visual/operational check of the aircraft; a vis ual/operational check of the motors; a visual/operational check of the transmitting radio control unit; a visual/operational check of the camera and gimbal unit ; and a visual/operational check of the vision positioning system. A check for power- lines, antennas , and other overhead objects would also be performed. Wind and weather conditions would be monitored and be taken into account as a factor for flying. 4. The radio frequency of the DJI Phantom 2 and DJI Phantom 3 is in the 2.400 to 2.483 GHz rang e. M aximum takeoff weight approximately 3000g. Max Ascent/decent speed 5 m/s. Maximum flight Velocity 16 m/s. The UAS to be operated by the petitioner weighs less than 3 pounds, including all payload (i.e. battery, camera, lens, and stabilized gimbal). 5. The PI C will have a minimum of 15 hours flying time with DJI equipment . 6. Flights will be terminated when battery energy levels reach 25%, allowing sufficient reserve flight time to safely land the UAS. If battery drops below a user specified level the UAS will automatically return to its takeoff point and land safely. 7. The UAS will be programmed so it will not be operated at an altitude that exceeds 400 feet AGL, and not more than 20 0 feet above a significantly elevated geographic position from which videography/ photography is planned. 8. The intended use of these DJI Phantom s 2 and 3 is to aide in visual surveys of sites, record development for marketing purposes, etc . 9. All photo/video flights would have the date, time, GPS coordinates along with the camera metadata recorded in an in - app flight log on the mobile device serving as the in -flight monitor /tablet. This flight log records flight path, altitude, flight time, number of images shot,amount of video shot, date, time, and total flight distance. Each

ind ividual flight has the capability of playing back (in - app) in real time and is synced across devices via DJI’s in - app User Center. 10. Given the small size of the UAS and the restricted sterile environment within which it will operate, Elmer’s Aviation , LLC’s operations will adhere to the Reform Act’s safety requirements. 11. The DJI Phantom 2 and DJI Phantom 3 Advanced will never be willingly flown in the flight path of manned aircraft. W ith the first condition listed, always keeping a visual line of sight, being of utmost importance to providing a significant level of public safety. In summary, Elmer’s Aviation, LLC respectfully request exemption from regulations specified above, under Section 333 to enable Elmer’s Aviation , LLC to operate efficient, limited, and low - risk commercial UAS operations for the activities stated above, respecting at all times the space and privacy of citizens and property, while keeping airspace safe. Granting this request would be in good public interest by giving an opportunity for real estate photographers and sporting event photographers to offer safer, unique views, and m ore competitively priced aerial photography to the general public. By using the DJI P2 and P3 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. Asid e from the lack of flight crew members located onboard the aircraft, the DJI P2 and P3 UAS (weighing approximately 3 pounds maximum gross weight with dimensions of 22 inches square each , and with no fuel on board), has less physical potential for collatera l damage to life and property on the ground and in the air compared to the manned aircraft that typically conduct similar operations (weighing approximately 3000 pounds with a wingspan of approximately 42 feet, a length of 34 feet, and a fuel capacity of 5 0 gallons). We are willing and able to modify or amend any part of this request to satisfy the need for an equivalent level of safety. We look forward to working with your office. Please feel free to contact us at any time if you require additional inform ation or clarification. Best regards,
Elmer’s Aviation , LLC Eric Ritchie 3600 Rennie School Road Traverse City, MI 49685 eritchie @teamelmers.com ( 231 ) 943 - 3443Also Attached: Phantom 3 User Manual