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 FAA Regulations and certain parts of the F ARs. Dear Sir or Madam: Request: In order to provide safe and environmentally

- friendly aerial videography

and photography

for and public business interests, I , Josh Futterman , pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 ("FRMA"), would 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 Imay safely operate the DJ I Phantom 3 Professional UAS commerciall y along the guidelines of the accompanying operator's manual as well as P AA guidelines for U AS flight and safet y guidelines set by the Academ y of Model Aeronautics (AMA). **Proposed UAS and Operations** The DJ I Phantom 3 Professional weig hs less than three pounds, will alway s be flown under 400 feet limited via software by its GPS and barometric sensors, is electricall y powered b y a lithium ion battery , carries no combustible fuel or crew, and will be transported in proper storage to and f rom all flight areas (in accordance with FAA guidelines). The aforementioned proposed exemptions would allow me to operate the DJ I Phantom 3 Professional UAS for commercial purposes of aerial videograph y and photograph y as a service to public and business interests,including: travel photography and videograph y, real estate photograph y and videograph y , public

and commercial photography and videograph y. As evidenced b y recent Exemption Nos. 12045 and 12058, the FAA recently approved similar use of the DJ I Phantom 3 Professional UAS. These particular UAS have been proven reliable and safe flying machines managed by gy roscopically

- stabilized flight, ground detection, GPS

aided navigation, a built

- in compass, blinking LED lights, a manual and automatic failsaf e "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 qualit y manufacturing and user

- friendl y c ontrol to ensure safe operation and eas y maintenance and care. **Specific section(s) of 14 CFR which I seek 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 equivalent level of safet y under Part 11 and Section 333 of the Reform Act. As evidenced in Exemption No. 12045, "in al l cases, an anal ys is of these criteria demonstrates that the UAS operated without an airworthiness certificate, in the restricted environment and 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: general Because the DJ I Phantom 3 Professional does not have a cabin, cockpit, pilot station, fuselage, boom, or tail on which to mark large w ords, numbers, or phrases, I request exemption from the above regulation. However, in efforts to comply with the above regulation and those set by the Academ y of Model Aer onautics (AMA), I will affix a small label to the external hull of the UAS indicating my

name, address, and my

AMA Member Number. 14 C.F.R. 61.113(a) & (b): Private pilot privileges and limitations: Pilot in command Under § 61.113 (a) and (b), certified private pilots are limited to noncommercial operations. However, I am able to achiev e an equivalent level of safet y through current FAA regulations of UAS operation and AMA safet y guidelines (outlined in the summary of this document) without such a certification because of the above mentioned safet y features of the DJIPhantom 3. Accordin g to Exemption No. 12045 in which the DJIPhantom 3 Professional was authorized for similar operation, "The FAA has previousl y declared that additional manned airship experience of a commercially

certified pilot would not correlate to the airmanship skills necessary for similarly proposed operations in previously issued exemptions to this regulation through Exemption Nos. 11062 and 11138." Therefore, bearing an y pilot certification or license will not ensure remote piloting skills of a UAS; the risks of ope rating this UAS are far less than the risklevels inherent in commercial activities with traditional aircraft given the DJI Phantom's safet y features and the limited range and speed of the UAS. The 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 my self, Josh Futterman , to determine the airworthiness of the DJIPhantom 3 in accord ance with its official operating manual. Written and signed pre and post

- flight inspections of the propellers, motors, frame, landing stands, camera and gimbal unit, connected tablet devices, a compass calibration and properl y ensured GPS locks as indicate d by the DJ I Phantom's display of "Saf e to Fl y" message will be perfor

med before and after each flight, accurate records of which will be kept with the UAS's storage and transportation sy stem at all times. These records will be dated and will include the t otal flight time of each flight. 14 C.F.R. 91.9 (b)(2): Civil aircraft flight manual, marking, and placard requirements As evidenced in Exemption 12045, since there are "no pilots or passengers on board this aircraft, and given its size, this regulation is inapplicable. An equivalent level of safety will be achieved by maintaining a safet y/ flight manual with the operator." In addition to the official safet y/ flight manual provided b y DJ I upon purchase of the Phantom 3, following the AMA guidelin es for safe flight operations and the FAA regulations for UAS operations will ensure a high level of safet y. 14 C.F.R. 91.119(c): Minimum safe altitudes I, Josh Futterman, will ensure that the UAS does not operate an y higher than 400 feet at ground level by setting the maximum altitude at 400 feet in DJI's pilot application and ensuring this is set before each flight as part of the pre

- flight inspection. I will not fly over congested areas or directly above unprotected people or moving vehicles. Iwill pl an operations before hand for proper flight safety

and proper height anal ys is as to avoid collisions. The GPS and barometric sensors equipped on the DJIPhantom 3 will ensure accurate altitude readings, the output of which will be fed to m y tablet device i n real time as I operate the UAS. 14 C.F.R. 91.121: Altimeter settings The DJ I Phantom 3 utilizes the latest GPS/GL ONASS technologies as well as a barometric sensor with live data output to the tablet device attached to the transmitter. An equivalent l evel of safet y and accurate altimeter telemetry will be achieved b y using this. 14 C.F.R. 91.151(a)(1): Fuel Requirements for flight in VFR conditions The DJ I Phantom 3 is electricall y - powered by lithium ion batteries which are made by DJ I specificall y for this particular UAS. They are rated as providing no longer than 25 minutes of flight time. Therefore, due to the limitations of the batteries, it is currentl y i mpossible to comply with part 91.151. 14 C.F.R. 91.203(a) and (b): Civil aircraft: Certif ications requiredCurrently , there are no procedures for providing airworthiness certificates for the mentioned

UAS. I , Evan Brown, however will alway s fl y safely while having the manuals of the DJ I Phantom 3 and abiding by FAA regulations for UAS operat ion and AMA safet y 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 alteration, 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 since they apply to aircraft with an airworthiness certificate. However , I, Josh Futterman , will perform both preflight and post

flight inspections of the UAS before and af ter each flight as outlined in the operating documents. I, Josh Futterman , will also follow manufacturer recommendations from said operating documents and keep a written record of an y maintenance done to the UAS. **Public Interest and Public Safety:** Aeri al photograph y and videograph y provided to the public allows for a more cost

- effective, safe, and environmentally

- friendl y method to capturing imagery than its alternative: manned aircraft and helicopters. The latter are expensive to operate and maintain, create a high level of noise, and are much more hazardous due to size and combustible fuel

- especiall y if flown at low altitudes required for some operations. I, Josh Futterman , in addition to using m y UAS for commercial endeavors, will also gladl y offer my services free of charge upon request and with proper 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 understandin g of private and/or farm land would help local and area communities by : reducing pollution, risk, and operating costs b y alternative aerial video and photograph y services such as manned airplanes and helicopters, reducing carbon emissions and traffic conge stion by vehicles looking to view properties such as real

- estate or farm land, and increase visibility to local attractions thereb y bolstering local commerce and tourism. Given that there is no fuel and no crew on this UAS, that it weighs under three pounds and has propeller guards, as well as having a low maximum speed (less than 25mph), safe operation of this craft does not pose any immediate danger to the environment, wildlife, infrastructure or people. DJ I has built in a "No Fly Zone" for major cities and points of interest that have registered as a "do not fly zone." Operation of the Phantom 3 cannot happen in these locations, as any flight capabilities becomes blocked by the UAS itself if within range and the operator is notified. Given its GPS and ground

- sensing ca pabilities, a failsafe "Return t o Home" mode will safel y return the craft to the operator at the push of a single button or automatically when the craft is either low on power or operating outside of its transmitter's range. This ensures that the craft will not remain airborne in unsafe conditions and pose an y public danger. **Summary** I, Evan Brown, am seeking exemption from the following rule s: 14 C.F .R. Part 21, 14 C.F.R. 45.23(b), 14 C.F.R. 61.113(a), 14 C.F.R. 91.7(a), 14 C.F.R. 91.9(b)(2), 14 C.F.R. 91.119(c), 14C.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, Josh Futterman , will be seeking to make my UAS photograph y/videography services available to public and commercial interests. The FAA has authorized similar operations under Exemption Nos. 12045 and 12053. Alternativel y, 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

- friendl y manner by not using combustible fuel, flying at safe heights and strictly following the usage recommendations from DJIand safet y procedures by the Academy of Model Aeronautics. These include but are not limited to: • Flying the DJIPhantom 3 safel y in accordance with its operator's manual

• Maintaining active and full membership in the Academ y of Model Aeronautics (AMA), which provides' a high level of insurance and training programs to its members. • Alway s fl yi ng below 400 feet, using the DJ I Phantom'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 visual sight at all times when in operation • Using an observer to assist if needed • Remaining safel y clear of and do not interfere with 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, 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 stations, water treatment facilities, correctional facilities, etc.

• Checking and following all local laws and ordinances before fl yi ng over private property • Not conducting surveillance or photographing persons in areas where there is an expectation of privacy without the individual's permission In addition to these a

bove general standards, I, Evan Brown, will follow and abide b y the following AMA safet y guidelines: A. [DEFINIT ION]: A "model aircraft" is a non

- human

- carrying aircraft capable of sustained flight in the atmosphere. [This includes UAS such as the Dll Ph antom 3]. 1. Model aircraft will not be flown: (a) In a careless or reckless manner. (b) At a location where model aircraft activities are prohibited. 2. Model aircraft pilots will: (a) Yield the right of way to all human

- carrying aircraft. (b) See and avoid all aircraft and a spotter must be used when appropriate. (AMA Document #540

- D.) (c) Not fl y higher than approximately 400 feet above ground level or within five miles of an airport.(d) Not interfere with operations and traffic pattern s at any airport, heliport or seaplane base. (e) Not exceed a take off weight, including fuel, of 55 pounds. (AMA Document 520

- A.) (f) Ensure the aircraft is identified with the name and address or AMA number of the owner on the inside or affixed to the outside of the model aircraft. (g) Not operate aircraft with metal

- blade propellers or with gaseous boosts (AMA Document #555.) (h) Not operate model aircraft while under the influence of alcohol or while using an y drug that could adversel y affect the pilot's abilit y to safel y control the model. (i ) Not operate model aircraft carrying py rotechnic devices that explode or bum, or an y device which propels a projectile or drops an y object that creates a hazard to persons or propert y. (j) Not operate a turbine

- powered aircraft, unless in compliance with the AMA turbine regulations. (AMA Document #510

- A.)

3. Model aircraft will not be flown in AMA sanctioned events, air shows or model demonstrations unless: (a) The aircraft, control system and pilot skills have successfully demonstrated all maneuvers intended or anticipated prior to the specific event. (b) An inexperienced pilot i s assisted by an experienced pilot.
4. When and where required b y rule, helmets must be properl y worn and fastened. They must be OSHA, DOT, ANSI, SNELL or NOCSAE approved or compl y with comparable standards. B. RADIO CONTROL (RC) 1. All pilots shall avoid flying directly over unprotected people, vessels, vehicles or structures and shall avoid endangerment of life and propert y of others. 2. A successful radio equipment ground

- range check in accordance with manufacturer's recommendations will be comp leted before the first flight of a new or repaired model aircraft. 3. At all flying sites a safety line(s) must be established in front of which all flying takes place. (AMA Document #706.) (a) Onl y personnel associated with flying the model aircraft are allowed at or in front of the safet y line. (b) At air shows or demonstrations, a straight safety line must be established. ( c) An area away

from the safet y line must be maintaine d for spect ators. (d) Intentional fl yi ng behind the safet y line is prohibited. 4. RC model aircraft must use the radio

- control frequencies currentl y allowed by the Federal Communications Commission (FCC).5. RC model aircraft will not knowingl y operate within thr ee (3) miles of any pre

- existing fl yi ng

site without a frequency

- management agreement. (AMA Documents #922 and #923.) 6. With the exception of events flown under official AMA Competition Regulations, excluding takeoff and landing, no powered model may be flown outdoors closer than 25 feet to an y individual, except for the pilot and the pilot's helper(s) located at the flight line. 7. Under no circumstances may a pilot or other person touch an outdoor model aircraft in flight while it is still under powe r, except to divert i t from striking an individual. 8 . The pilot of an RC model aircraft shall: (a) Maintain control during the entire flight, maintaining visual contact without enhancement other than by corrective len ses prescribed for the pilot. (b ) Fl y using the assistance of autopilot or stabilization sy stem onl y in accordance with the procedures outlined in AMA Document #560. C. FREE FLIGHT 1. Must be at least 100 feet downwind of spectators and automobile parking when the model aircraft is launched. 2. L aunch area must be clear of all individuals except mechanics, officials, and other fliers. 3. An effective device will be used to extinguish any [fire] on the model aircraft. 4. The fl yi ng area must be clear of all utility wires or poles and a model aircraft will not be flown closer than 50 feet to an y above

- ground electric utility lines. 5. The fl yi ng area must be clear of all nonessential participants and spectators before the engine is started. I thank yo u for your time and effort in processing this request and look forward to cooperating with the FAA in its continued commitment for the safe operation of UAS. Sincerel y, Josh Futterman P.O. Box 3761 Crested Butte, CO 81224 Josh@travelcb.com (303) 915

- 9000