1 February 8 , 2016

Attn: U. S. Department of Transportation Docket Operations West Building Ground Floor, Room w12

- 140 1200 New Jersey Ave, SE Washington, DC 20590

RE : PREMIER DRONE PRODUCTIONS , LLC

REQUEST S AN EXEMPTION FROM THE REQUIREMENTS OF TITLE 1 4 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 OPERATION OF DJI Phantom 3 4k and Inspire 1 Pro UNMANNED
AIRCRAFT SYS TEMS PURSUANT TO SECTION 333 OF THE FAA MODERNIZATION AND REFORM ACT OF 2012 (PUBLIC LAW 112

- 95)

Robert McChesney
Managing Partner and Chief Pilot

FAA Private Pilot SEL # 3406645

UAS Certificate #FA3K44RW9R
PREMIER DRONE PRODUCTIO NS , LLC

PO Box 451 Gotha, FL 34 734 407

- 744

- 1163 bob@premierdroneproductions.com2 TABLE OF CONTENTS

GLOSSARY OF ABBREVIATIONS.

................................ ................................ ................. 3

SUMMARY.

................................ ................................ ................................ ................................ . 4

INTRODUCTION AND INTERESTS OF PETITIONER.

................................ .................. 4

BACKGROUND.

................................ ................................ ................................ .......................... 5

BASIS FOR PET ITION.

................................ ................................ ................................ ....... 5

NAME AND ADDRESS OF PETITIONER.

................................ ................................ ....... 7

THE SPECIFIC SECTIONS OF 14 C.F.R. FROM WHICH PREMIER DRONE
PRODUCTIONS SEEKS EXEMPTION......................................................

... ... 7

THE EXTENT OF RELIEF PREMIER DRONE PRODUCTIONS SEEKS AND THE

REASON PREMIER DRONE PRODUCTIONS SEEKS TH E RELIEF...

......................... 1 1

THE REASONS WHY GRANTING PREMIER DRONE PRODUCTIONS’ REQUEST

WOULD BE IN THE PUBLIC INTEREST

................................ ................................ ........ 14

THE REASONS WHY GRANTING THE EXEMPTION TO PREMIER DRONE

PRODUCTIONS WOULD NOT ADVERSELY AFFECT SAFETY.

............................... 16

SUMMARY THAT CAN BE PUBLISHED IN THE FEDER AL REGISTER.

................. 27

CONCLUSION.

................................ ................................ ................................ ..................... 28

APPENDICES...

................................ ................................ ................................ .................... 293 GLOSSARY OF ABBREVIATIONS

AGL Above Ground Level

AOI Area of Interest

ATC Air Traffic Control

ATO Air Traffic Organization

AV Aerial Vehicle

CFR Code of Federal Regulations

COA Certificate of Authorization

FAA Federal Aviation Administration

FAR Federal Aviation Regulation

GCS Ground Control Station

GPS Global Positioning System

LOL Loss of Link

NAS National Airspace System

NOTAM Notice to Airman

PIC Pilot In Command
Section 333 FAA Modernization and Reform Act of 2012 (FMRA)

SO Safety Observer

SOP Standard Operating Procedures

UA Unmanned Aircraft

UAS Unmanned Aircraft System

VFR Visual Flight Rules

VLOS Visual Line of Site

VMC Visual Meteorological Conditions

VTOL Vertical Takeo ff and Landing4 SUMMARY
PREMIER DRONE PRODUCTIONS LLC 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 Unmanned Aircraft Systems (DJI Phantom 3 and Inspire 1 Pro) pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (FMRA). This exemption will permit PREMIER DRONE
PRODUCTIONS to operate Unmanned Aircraft Systems (UASs) for the commercial purpose of conduct ing aerial video and photography of construction sites, residential and commercial real estate, civil landscapes and events over certain areas of the United States.

INTRODUCTION AND INTERESTS OF THE
PETITIONER

PREMIER DRONE PRODUCTIONS is a newly establish ed group headed by a former US Naval Aviator and private pilot (Commanding Officer of a US Navy squadron with over 2000 logged flight hours in various US Navy and civilian aircraft) and a world renowned photographer and digital videographer. Each has over thirty years’ successful experience in their respective fields. Building on our success in aviation and photographic excellence we bring experience in all skill sets for the aerial drone business. These include safe aviation leadership, flight preparat ion, flight training, flight standardizations, best aviation maintenance practices and “by the book” flight operations. On the production side, we provide expert digital photograph and videography techniques

and products for commercial and private sector businesses, non

- profit and federal agencies. PREMIER DRONE PRODUCTIONS ’ staff have worked on thousands of productions over the past 30 years in all types of locations with a perfect client and employee safety record. The objective of PREMIER DRONE PRODUCT IONS and our Unmanned Aircraft Systems (DJI Phantom 3 4k and Inspire 1 Pro ) aerial operations is to provide safe flight operations and high

- quality video products for a variety of governmental, commercial, public, and residential uses, specifically targeti ng:

• Construction sites before and after

• Appraisals

• Real

- estate marketing

• Economic development

• Civic landmarks

• Special event coverage

• Private and governmental training

• Golf course and golf related properties

• Commercial Real Estate Development

Our staff has safely flown DJI Phantom quadcopters recreationally for approximately 2 years without incident.5 BACKGROUND

Unmanned Aircraft Systems: DJI Phantom 3, UAS

PREMIER DRONE PRODUCTIONS seeks an exemption to operate DJI Phantom 3 4k and Inspire 1 UAS system s for compensation or hire within the NAS. The DJI Phantom 3 4k and Inspire 1 UASs are vertical takeoff and landing (VTOL) Unmanned Aircraft (UA) with a Ground Control Station (GCS) utilizing electronic tablet or smart phone systems.

Unmanned Aircraft Sys tems: DJI Phantom 3 4k, UAS

The DJI Phantom 3 4k UAS has a maximum gross weight of approximately 2.8 lbs. while having a diagonal dimension of 23.2”, a maximum speed of approximately 16.4’fps and a maximum flying height of 400'. The DJI Phantom 3 4k is equ ipped with four main rotors; driven by Lithium Polymer battery powered electric motors.

Unmanned Aircraft Systems: DJI Inspire 1, UAS

The DJI Inspire 1 UAS has a maximum gross weight of approximately 7.7 lbs. while having a diagonal dimension of 22.8”, a m aximum speed of approximately 54fps and a maximum flying height of 400 feet. The DJI Phantom Inspire 1 is equipped with four main rotors; driven by Lithium Polymer battery powered electric motors.

The DJI Phantom 3 4k and Inspire 1 UASs that will be operat ed by PREMIER DRONE
PRODUCTIONS will be registered in accordance with 49 U.S.C. 44103, Registration of Aircraft , as well as 14 C.F.R Part 47, Aircraft Registration , and marked in accordance with 14 C.F.R. Part 45, Identification and Registration Marking.

BASIS FOR PETITION

Petitioner, PREMIER DRONE PRODUCTIONS , pursuant to the provisions of the Federal Aviation Regulations (14 C.F.R. § 11.61) and the FAA Modernization and Reform Act of 2012 (FMRA), Section 333, Special Rules for Certain Unmanned Aircraft Systems , hereby petitions the Administrator to commercially operate the DJI Phantom 3 4k and Inspire 1 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),

91.40 5(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b).

In consideration of the speed, weight, size, and limited operating area associated with the unmanned aircraft and its operation, PREMIER DRONE PRODUCTIONS operation of

DJI Phantom 3 4k and Ins pire 1 UASs meet the conditions of FMRA Section 333 and therefore, will not require an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H.6 Accordingly, PREMIER DRONE PRODUCTIONS 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.

PREMIER DRONE PRODUCTIONS submits that the requested relief is proper since an equivalent l evel of safety will be ensured. PREMIER DRONE PRODUCTIONS will use experienced personnel or technicians to perform maintenance, alterations, or preventive maintenance on the UAS using the methods, techniques, and practices prescribed in the operating docum ents (i.e., Monthly Maintenance Log, and DJI Phantom 3 4k and Inspire 1 UASs Instruction Manuals). Furthermore, PREMIER DRONE PRODUCTIONS will

document and maintain all maintenance records for the DJI Phantom 3 4k and Inspire 1

UASs.

Relief from certain re quirements of Section 61.113(a) and (b), entitled Private pilot privil eges and limitations: Pilot in C ommand , is requested by PREMIER DRONE

PRODUCTIONS to the extent necessary to allow a Pilot in Command (PIC) holding a private pilot or higher level certif icate, as well as an airman medical certificate, and who has demonstrated, by meeting minimum flight

- hour and currency requirements, that the PIC is able to safely operate the DJI Phantom 4k and Inspire 1 UASs in a manner consistent with this exemption, i ncluding evasive and emergency maneuvers and maintaining appropriate distances from people, vessels, vehicles and structures.

PREMIER DRONE PRODUCTIONS Seeks relief from Section 91.7(a), entitled Civil aircraft airworthiness , because the DJI Phantom 3 4k and Inspire 1 UASs do not require an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H. As such,

PREMIER DRONE PRODUCTIONS submits that they will ensure that the DJI Ph antom 3 4k and Inspire 1 UASs are in an airworthy condition, pri or to every flight, by determining that the UAS are in compliance with the operating documents (i.e., Monthly Maintenance Log, Pre

- Flight Checklists and DJI Phantom 3 4k and Inspire 1 UASs Instruction Manuals), and that the aircraft are in a condition for safe flight. PREMIER

DRONE PRODUCTIONS also seeks an exemption from the requirements of Section 91.121, entitled Altimeter Settings , as the DJI Phantom 3 4k and Inspire 1 UASs will not have a typical barometric altimeter onboard. However, altitude informa tion of the DJI

Phantom 3 4k and Inspire 1 UAS s 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 of the flight path. This al titude information, combined with PREMIER DRONE PRODUCTIONS’ operation of the DJI Phantom 3 4k and Inspire 1 UASs within visual line of sight, at or below 400 feet AGL, will ensure a level of safety equivalent to Section 91.121.

Additionally, PREMIER DRONE PRODUCTIONS Seeks an exemption from the requirements of Section 91.151(b), entitled Fuel requirements for flight in VFR7 conditions

. PREMIER DRONE PRODUCTIONS submits that safety will not be affected by operation of the DJI Phantom 3 4k and Inspire 1 UAS s 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 23 minutes. Battery power indicators are also able to show exactly how much battery powe r is left, as well as how much time is needed to return safely back to point of take off.

In accordance with 14 C.F.R. § 11.81, PREMIER DRONE PRODUCTIONS provides the following information in support of its petition for exemption:

E. Name And Address Of Th e Petitioner.

The name and address of the Petitioner and point of contact is:

Robert McChesney
Managing Partner and Chief Pilot

FAA Private Pilot SEL # 3406645

sUAS Certificate
#FA3K44RW9R
PREMIER DRONE PRODUCTIONS LLC

PO Box 451 Gotha, FL 34 743 407

- 744

- 1163 bob@premierdroneproductions.com

F. The Specific Sections Of 14 C.F.R. From Which PREMIER DRONE
PRODUCTIONS Seeks Exemption.

1. PREMIER DRONE PRODUCTIONS 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 aircr aft that is carrying passengers or property for compensation or hire; nor may that person, for compensation or hire, act as
PIC of an aircraft.

(b) A private pilot may, for compensation or hire, act as PIC of an aircraft in connection with any business or empl oyment if

—
(1) The flight is only incidental to that business or employment; and8 (2) The aircraft does not carry passengers or property for compensation or hire.

2. PREMIER DRONE PRODUCTIONS Seeks Exemption From The Requirements Of Section 91.7(a).

Section 91.7, enti tled Civil aircraft airworthiness , subsection (a), states the following:

(a) No person may operate a civil aircraft unless it is in an airworthy
condition.

3. PREMIER DRONE PRODUCTIONS Seeks Exemption From The Requirements

Of Section 91.121.

Section 91.121, e ntitled 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 of the aircraft;

(ii) If there is no station within the area prescribed in paragraph (a)(1)(i) of this section, the current reported altimeter setting of an appropriate available station; or

(iii) In the case of an aircraft not equipped with a radio, the elevation of the departure airport or an appropriate altimeter setting available before departure.

4. PREMIER DRONE PRODUCTIONS Seeks Exemptio n From The Requirements Of Section 91.151(b).

Section 91.151, entitled Fuel requirements for flight in VFR conditions

, subsection (b), states the following:

(b) No person may begin a flight in a rotorcraft under VFR conditions unless (considering wind and forecast weather conditions) there is enough fuel to fly

to the first point of intended landing and, assuming normal cruising speed, to fly after that for at least 20 minutes.

5. PREMIER DRONE PRODUCTIONS Seeks Exemption From The Requirement

Of Section 91.40 5(a).

Section 91.405, entitled Maintenance required , subsection (a), states the9 following: Each owner or operator of an aircraft

—
(a) Shall have that aircraft inspected as prescribed in subpart E of this part and shall between required inspections, except as p rovided in paragraph (c) of this section, have discrepancies repaired as prescribed in part 43 of this chapter[.]

6. PREMIER DRONE PRODUCTIONS 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 ser vice by a person authorized under § 43.7 of this chapter[.]

7. PREMIER DRONE PRODUCTIONS 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 pro vided in paragraph (c) of this section, no person may operate an aircraft unless, within the preceding 12 calendar months, it has had

--
(1) An annual inspection in accordance with part 43 of this chapter and has been approved for return to service by a person authorized by § 43.7 of this chapter; or

(2) An inspection for the issuance of an airworthiness certificate in accordance with part 21 of this chapter.

8. The PREMIER DRONE PRODUCTIONS Seeks Exemption From The Requirements Of Sections 91.417(a) And 91.417(b).

S ection 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 pa ragraph (b) of this section:

(1) Records of the maintenance, preventive maintenance, and alteration

and records of the 100

- hour, annual, progressive, and other required or approved inspections, as appropriate, for each aircraft (including the airframe) and eac h engine, propeller, rotor, and appliance of an aircraft.

The records must include

--10 (i) A description (or reference to data acceptable to the Administrator) of the work performed; and

(ii) The date of completion of the work performed; and

(iii) The signature, and certi ficate number of the person approving the

aircraft for return to service.

(2) Records containing the following information:

(i) The total time in service of the airframe, each engine, each propeller, and each rotor.

(ii) The current status of life

- limited parts of eac h airframe, engine, propeller, rotor, and appliance.

(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 of the aircraft, including the time

si nce 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 A D or safety directive number and revision date. If the AD or safety directive involves recurring action, the time and date when the next

action is required.

(vi) Copies of the forms prescribed by § 43.9(d) of this chapter for each major alteration to the airfra me 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) of this section shall be retained until the work is repe ated or superseded by other work or for 1 year after the work is performed.

(2) The records specified in paragraph (a)(2) of this section shall be

retained and transferred with the aircraft at the time the aircraft is sold.

(3) A list of defects furnished to a reg istered owner or operator under § 43.11 of this chapter shall be retained until the defects are repaired and the aircraft is approved for return to service.

B. The Extent Of Relief PREMIER DRONE PRODUCTIONS Seeks And The11 Reason PREMIER DRONE PRODUCTIONS See ks The Relief.

1. Extent Of Relief PREMIER DRONE PRODUCTIONS Seeks And The Reason

PREMIER DRONE PRODUCTIONS Seeks Relief From Section 61.113(a) And (b).

Relief from Section 61.113(a) and (b) entitled Private pilot privileges 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 employm ent if: (1) The flight is only incidental to that business or employment; an d (2) The aircraft does not carry passengers or property for compensation

or hire.

As set forth more fully below, PREMIER DRONE PRODUCTIONS submits that an equivalent level of safe ty will be maintained because no PIC will be allowed to operate

the DJI Phantom 3 4k and Inspire 1 UAS s unless that PIC has met certain flight

- hour and currency requirements, demonstrating that the PIC is able to safely operate either the

DJI Phantom 3 4k and Inspire 1 UAS s in a manner consistent with the operations specifications as described in this exemption, including evasive and emergency maneuvers, as well as maintaining appropriate distances from people, vessels, vehicles

and structures.

Further, PR EMIER DRONE PRODUCTIONS submits that all flights of the DJI

Phantom 3 4k and Inspire 1 UAS s , conducted by the PIC pursuant to the grant of this Petition: (1) will be incidental to PREMIER DRONE PRODUCTIONS’ business; and (2) will not carry passengers or pr operty for compensation or hire

C. The Extent Of Relief PREMIER DRONE PRODUCTIONS Seeks And The

Reason PREMIER DRONE PRODUCTIONS Seeks The Relief.

1. Extent Of Relief PREMIER DRONE PRODUCTIONS Seeks And The Reason

PREMIER DRONE PRODUCTIONS Seeks Relief From Sec tion 61.113(a) And (b).

Relief from Section 61.113(a) and (b) entitled Private pilot privileges 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 employment if:12 (1) The flight is only incidental t o that business or employment; and (2) The aircraft does not carry passengers or p roperty for compensation or hire.

As set forth more fully below, PREMIER DRONE PRODUCTIONS submits that an equivalent level of safety will be maintained because no PIC will be allowed to operate

the DJI Phantom 3 4k and Inspire 1 UAS s unless that PIC has m et certain flight

- hour and currency requirements, demonstrating that the PIC is able to safely operate either the

DJI Phantom 3 4k and Inspire 1 UAS s in a manner consistent with the operations specifications as described in this exemption, including evasi ve and emergency maneuvers, as well as maintaining appropriate distances from people, vessels, vehicles

and structures.

Further, PREMIER DRONE PRODUCTIONS submits that all flights of the DJI

Phantom 3 4k and Inspire 1 UAS s , conducted by the PIC pursuant to the grant of this Petition: (1) will be incidental to PREMIER DRONE PRODUCTIONS’ business; and (2) will not carry passengers or property for compensation or hire.

2. Of Relief PREMIER DRONE PRODUCTIONS Seeks And The Reason

PREMIER DRONE PRODUCTIONS Seeks Re lief From Section 91.7(a).

Relief from Section 91.7(a) entitled Civil aircraft airworthiness , is requested to the extent required to allow PREMIER DRONE PRODUCTIONS to determine that the DJI

Phantom 3 4k and Inspire 1 UAS s are in airworthy condition prior to every flight by ensuring that the UAS is in compliance with the operating documents (i.e., PREMIER

DRONE PRODUCTIONS Aerial Operations Manual, Monthly Maintenance Log, and

DJI Phantom 3 Instruction Manual).

PREMIER DRONE PRODUCTIONS seeks the requested relief because the DJI

Phantom 3 4k and Inspire 1 UAS s do not require an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H. Therefore, PREMIER DRONE

PRODUCTIONS will ensure that the DJI Phantom 3 4k and Inspire 1 UAS s are in

airwort hy condition based upon its compliance with the operating documents (i.e., Monthly Maintenance Log, and DJI Phantom 3 4k and Inspire 1 UAS Manuals ) 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 PREMIER DRONE PRODUCTIONS Seeks And The Reason

PREMIER DRONE PRODUCTIONS Seeks Relief From Section 91.121.

Relief from Section 91.121, entitled Altimeter settings, may be required to allow flight

o perations of the DJI Phantom 3 4k and Inspire 1 UAS s , 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). Sin ce the FAA requires that any altitude information concerning UAS operations be reported to air traffic control (ATC) in feet above ground level (AGL), PREMIER13 DRONE PRODUCTIONS seeks the requested relief because the DJI Phantom 3 4k and Inspire 1 UA’s alti meter 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 of the proposed operations, relief from 14 CFR 91.121 is sought to the extent necessary to co mply 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 4k and Inspire 1 UAS s are equipped with a barometric pressure sensor and GPS equipmen t, which automatically ensures that a ground level pressure setting will be established prior to each flight, and provides the

PIC with altitude information of the UA on the heads

- up display of the GCS.

4. Extent Of Relief PREMIER DRONE PRODUCTIONS Seeks And The Reason

PREMIER DRONE PRODUCTIONS Seeks 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 4k

a nd Inspire 1 UAS s during daylight hours in visual meteorological conditi ons (VMC), under visual flight rules (VFR), for a total duration of 11

- 23 minutes. PREMIER

DRONE PRODUCTIONS seeks the requested relief because without an exemption

from Section 91.151 (b), the flight time duration of the
battery powered DJI Phantom 3 4k and Inspire 1 UAS s will severely constrain the practicality of any aerial video or still photo flight operations that PREMIER DRONE

PRODUCTIONS proposes to conduct pursuant to this Petit ion.

Significantly, as set forth below, the technical specifications of the DJI Phantom 3 4k and Inspire 1 UAS s , the DJI Phantom 3 4k and Inspire 1 UAS ’ operating documents, and

PREMIER DRONE PRODUCTIONS’ proposed operating limitations, ensure that

PREMIER DRONE PRODUCTIONS will safely operate the battery powered DJI

Phantom 3 4k and Inspire 1 UAS s during daylight hours in visual meteorological conditions (VMC), under visual flight rules (VFR), with enough battery power to fly for

a total duration of 15 or 23 minutes.

5. Extent Of Relief PREMIER DRONE PRODUCTIONS Seeks And The Reason

PREMIER DRONE PRODUCTIONS 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, PREMIER DRONE PRODUCTIONS requests relief from these Sections because the DJI Phantom 3 4k and Inspire 1 UAS s do not require airworthiness certificates. As set forth more f ully below, the DJI Phantom 3 4k and Inspire 1 UAS s meet the conditions of FMRA Section 333 for operation without an airworthiness certificate. Accordingly, PREMIER DRONE PRODUCTIONS will use trained technicians to perform maintenance, alterations, or prev entive maintenance on

the UAS s using the methods, techniques, and practices prescribed in the UAS ’ operating14 documents (i.e., the PREMIER DRONE PRODUCTIONS Aerial Operations Manual s , Monthly Mai ntenance Logs, and DJI Phantom 3 4k and Inspire 1 UAS ’ Instruc tion

Manual s ). Furthermore, PREMIER DRONE PRODUCTIONS will document and

maintain all maintenance records for the DJI Phantom 3 4k and Inspire 1 UAS s

.

D. The Reasons Why Granting PREMIER DRONE PRODUCTIONS 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 PREMIER

DRONE PRODUCTIONS to safely, efficiently, and economically perform aerial video and photography of construction sites, real estate, e vents and civic landscape over certain
areas of the United States.

Additionally, use of the DJI Phantom 3 4k and Inspire 1 UAS s will decrease congestion of the NAS, reduce pollution, and provide significant benefits to the economy. Notably,

the benefits of PREMIER DRONE PRODUCTIONS’ proposed operation of the DJI

Phantom 3 4k and Inspire 1 UAS s will be realized without implicating any privacy

issues.

1. The Public Will Benefit From Decreased Congestion Of The NAS.

The DJI Phantom 3 4k and Inspire 1 UAS s are ba ttery powered and serve as a safe, efficient, and economical alternative to the manned aircraft traditionally utilized to obtain aerial imagery. By reducing the amount of manned aircraft needed to perform aerial acquisitions, an exemption allowing the use of a DJI Phantom 3 4k and Inspire 1

UAS s would reduce the amount of manned 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 of manned aircraft operating in the NAS, congestion around airports caused by arriving and departing aircraft will be reduced. The

DJI Phantom 3 4k and Inspire 1 UAS s do not require an airport to takeoff or land. Likewise, a reduction of manned aircraft conducting a erial video and photography missions would result in fewer aircraft that must be handled by air traffic control during the ground, takeoff, departure, arrival, and landing phases of flight operations.

2. The Public Will Benefit From The Safety And Efficiency Of The DJI Phantom 3
UAS.

Conducting aerial acquisitions with the DJI Phantom 3 4k and Inspire 1 UAS s , instead of manned aircraft, will greatly benefit the public by drastically reducing the levels of air and noise pollution generated during traditional a erial video and still photography flight operations. By using battery power and electric motors, the DJI Phantom 3 and Inspire 1

UAS s produce no air pollution, and is the most viable environmentally conscious alternative to the cabin class, six

- cylinder in ternal combustion engine aircraft that are15 typically utilized for aerial video and photography, while burning approximately 20

- 30 gallons per hour of leaded aviation fuel. The DJI Phantom 3 4k and Inspire 1 UAS s , while reducing the carbon footprint of aeri al acquisitio ns, also eliminate noise pollution,

as the UAS s are propelled by battery powered electric motors, rather than an internal

combustion engine.

By using the DJI Phantom 3 4k and Inspire 1 UAS s 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 aircra ft, the DJI Phantom 3 4k UAS (weighing approximately 2.8 pounds at

its maximum gross weight with diagonal dimension of 23.2 inches, and with no fuel on board) and the DJI Inspire 1 Pro (weighing approximately 7.7 pounds at its maximum gross weight with dia go nal dimension of 22.8 inches, and with no fuel on board) , have less physical potential for collateral damage to life and property on the ground, and in the air, compared to the manned aircraft that typically conduct similar operations (weighing approxima tely 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 4k and Inspire 1 UAS s Will Benefit The Economy.

In addition to b eing safe and efficient, the DJI Phantom 3 UAS are also an economical

alternative to using manned aircraft to conduct similar aerial operations. As such, operation of the DJI Phantom 3 4k and Inspire 1 UAS s will allow United States based companies, like PR EMIER DRONE PRODUCTIONS , to remain competitive and contribute to growth of the U.S. economy. Specifically, with the rising cost of aviation fuel and the Environmental Protection Agency (“EPA”) regulatory actions phasing out leaded aviation fuels, U.S. owne d and operated companies must adopt new and alternative technology in order to remain competitive. Operating the battery powered DJI

Phantom 3 4 k and Inspire 1 UAS s is one such technology that not only allows companies greater operational flexibility com pared to manned aircraft, but provides such flexibility without the high operational cost of a traditional manned aircraft.

By operating the DJI Phantom 3 UAS, companies such as PREMIER DRONE

PRODUCTIONS , can remain competitive and profitable, and therefor e, provide greater job stability to employees and contractors, which will ultimately contribute to growth of the U.S. economy. Improved financial performance of U.S. companies, through

commercial use of the DJI Phantom 3 4k and Inspire 1 UAS s , provides a s table 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.

4. There Are No Privacy Issues

.16 Similar to the manned aerial acquisition flight operations that have been conducted for decades, PREMIER DRONE PRODUCTIONS’ proposed operation of the DJI Phantom

3 4k and Inspire 1 UAS s will not implicate any privacy issues. Specifically, the DJI

Phantom 3 4k and Inspire 1 UAS s will be operated only in compliance with operating documents (i.e., PREMIER DRONE PRODUCTIONS Aerial Operations Manual s , Monthly Maintenance Log s , and DJI Phantom 3 4k and Inspire 1 UAS’s Instruction

Manual s ) which requires propert y owner involvement as well as local law enforcement

notif ication, 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 Provided By The Rule From Which PREMIER DRONE PRODUCTIONS Seeks Exemption.

1. Reasons Why The DJI Phantom 3 4k and Inspire 1 UASs Meet The Conditions

Of The FAA Modernization and Reform Act of 2012 (FMRA) Section 333.

In consideration of the size, weight, speed, and limited operating area associated with the unmanned aircraft and its operation, PREMIER DRONE PRODUCTIONS operation of

the DJI Phantom 3 and Inspire 1 UAS s meet s t he conditions of FMRA Section 333, and will not require an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H.

Section 333 provides authority for a UAS to operate without airworthiness certification and sets forth requirements for co nsidering whether a UAS will create a hazard to users of the NAS or the public, or otherwise pose a threat to national security. Specifically, FMRA Section 333 states the following, in part:

(a) In General.

-- Notwithstanding any other requirement of this subtit le, and not later than 180 days after the date of enactment of this Act, the Secretary of Transportation shall determine if certain unmanned aircraft systems may operate safely in the national airspace system before completion of the plan and rulemaking re quired by section 332 of this Act or the guidance required by section 334 of this Act.
(b) Assessment of Unmanned Aircraft Systems.

-- In making the determination under subsection (a), the Secretary shall determine, at a minimum

--
(1) which types of unmanned aircraf t systems, if any, as a result of their size, weight, speed, operational capability, proximity to airports and populated areas, and operation within visual line of sight do not create a hazard to users of the national airspace system or the public or

pose a threat to national security; and

(2) whether a certificate of waiver, certificate of authorization, or airworthiness certification under section 44704 of title 49, United States Code, is required for the operation of unmanned aircraft systems identified unde r paragraph (1).17 (c) Requirements for Safe Operation.

-- If the Secretary determines under this section that certain unmanned aircraft systems may operate safely in the national airspace system, the Secretary shall establish requirements for the safe operation o f such aircraft systems in the national airspace system.

In seeking this exemption, PREMIER DRONE PRODUCTIONS submits that the DJI

Phantom 3 4k and Inspire 1 UAS s can operate safely in the NAS pursuant to FMRA Section 333, as demonstrated by: (a) the chara cteristics of the DJI Phantom 3 4k and Inspire 1 UAS s ; (b) the pilot certification requirement; and (c) the specific operating

limitations.

a. The Specifications Of The DJI Phantom 3 UAS Demonstrate Its Safe
Characteristics.

The DJI Phantom 3 4k and Inspire 1 UAS s do not create a hazard to users of the NAS or the public, or otherwise pose a threat to national security considering its size, weight, speed, and operational capability.

i. Technical Specifications Of The DJI Phantom 3 UAS.

The technical specifications of the DJI Phantom 3 4k and Inspire 1 UAS s are set forth by

the DJI Phantom 3 4k and Inspire 1 UAS ’s User Manual s , attached hereto as Appendix

A.

ii. The DJI Phantom 3 4k and Inspire 1 UAS ’ s Global Positioning Modes

Enable The UAS s To Remain Within A Defined Operational Area.

The DJI Phantom 3 4k and Inspire 1 UAS s may be operated in both manual and global positioning flight modes. A complete description of the flight and navigational modes of
the DJI Phantom 3 4k and Inspire 1 UAS s is provided at page 11 of t he DJI Phantom 3

User Manual and page 15 of the DJI Inspire 1 User Manual attached hereto as Appendix

A.

iii. The DJI Phantom 3 4k and Inspire 1 UAS s Are 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 4k and Inspire 1 UAS s will remain stationary, in flight, for 3 seconds or more. If, after 3 seconds, the DJI Phantom 3 4k and Inspire 1 UAS s do not reacquire control link data from the GCS, the UAS will as sume that the Control Link is lost and the will return to the home position (i.e., failsafe mode) via GPS, and will descend to the takeoff position and shutdown.
A complete description of the Failsafe Functions of the DJI Phantom 3 4k and Inspire 1

UAS s ar e set forth on pages 12 through 14 of the DJI Phantom 3 4k User Manual and 14 through 18 of the Inspire 1 User Manual , attached hereto as Appendix A.

iv. The DJI Phantom 3 GCS And Its Operation.

A complete description of the operation and specifications of the DJI Phantom 3 4k and18 Inspire 1 GCS s and flight control software is provided at pages 23 through 29 of the DJI
Phantom 3 4k User Manual and pages 25 through 34 of the DJI Inspire 1 Pro User

Manual . DJI Phantom 3 4k and Inspire 1 Pro User Manual s are attach ed hereto as Appendix A.

b. Flight Operations Of DJI Phantom 3 4k and Inspire 1 UAS s Is Limited To The Line Of Sight Of A Certificated Pilot in Command With A Safety

Observer.

PREMIER DRONE PRODUCTIONS ’ certified pilot staff will be the only persons to act

a s a pilot in command (PIC) of the DJI Phantom 3 4k and Inspire 1 UAS s . Additionally, a safety observer will assist him at all times during flight time and will remain in hand

held radio contact.

c. Flights Of DJI Phantom 3 4k and Inspire 1 UAS s Will Be Conduc ted Pursuant To Specific Operating Limitations.

In seeking this exemption, PREMIER DRONE PRODUCTIONS proposes to commercially operate DJI Phantom 3 UAS for the special purpose of conducting aerial

video and photography over certain areas of United States, pursuant to the following specific operating limitations.

1. Operations authorized by this grant of exemption will be limited to the following aircraft described in the operating documents, rotorcraft UAS weighing less than 55 pounds maximum gross weight: DJI Phantom 3 4k and Inspire 1 Unmanned Aircraft Systems. Proposed operations of any other aircraft will require a new petition or a petition to amend this grant.

2. UAS ’ s operations under this exemption will be limited to conducting operations for the purpose of aerial video and photography.

3. The UAS s may not be flown at an indicated airspeed exceeding 20 knots.

4. The UA S s must be operated at an altitude of no more than 400 feet above ground level (AGL), as indicated by the procedures specified in the operating

do cuments unless a special request is made and approved by ATC. All altitudes reported to ATC must be in feet AGL.

5. The UAS s must be operated within visual line of sight (VLOS) of the PIC at all times. This requires the PIC to be able to use human vision unai ded 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). Th e SO may be used to satisfy the VLOS requirement as long as the PIC always maintains VLOS19 capability. The SO and PIC must be able to communicate verbally at all times. Electronic messaging or texting is not permitted during flight operations. The PIC

must be designated before the flight and cannot transfer his or her designation for the duration of the flight. The PIC must ensure that the SO can perform the functions prescribed in the operating documents.

8. The SO must not perform any other duties beyond assi sting 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 operati ons 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. If the 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 grant 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 s to ensure that it is in a condition for safe flight. If the inspection reveals a condition that affects the safe operation of the UAS s , the aircraft are prohibited from operating until the necessary maintenance has been performed and the UAS s are 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

docume nted 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

fu nctional 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 of the operating document s.

13. The operator must follow the UAS s manufacturer’s aircraft/component, maintenance, overhaul, replacement, inspection, and life limit requirements.20 14. The operator must carry out its maintenance, inspections, and record keeping requirements, in accordance wi th the operating documents. Maintenance, inspection, alterations, and status of replacement/overhaul component parts must be noted in the aircraft records, including total time in service, description of work accomplished, and the signature of the authoriz ed person returning the UAS

to service.

15. Each UAS operated under this exemption must comply with all manufacturer Safety Bulletins.

16. The authorized person must make an entry in the aircraft record of the corrective action taken against discrepancies discover ed between inspections.

17. The PIC must possess at least a private pilot certificate and at least a current

third

- class medical certificate.

18. The operator may not permit any PIC to operate unless the PIC meets the operator’s qualification criteria and demonst rate s 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

qu alification flight hours must be logged in a manner consistent with 14 C.F.R. § 61.51(b). Flights for the purposes of training the operator’s PICs are permitted under the terms of the exemption. However, training operations may only be conducted during de dicated 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 acco rdance with 14 C.F.R. § 91.119.

19. UAS operations may not be conducted during night, as defined in 14 C.F.R. § 1.1. All operations must be conducted under visual meteorological conditions (VMC). If flight at night is required, a special request will be made a t the FAA office closest to proposed area of operations. Flights under special visual flight rules (SVFR) are not authorized.

20. The UA may not operate within 5 nautical miles of an airport reference point as denoted on a current FAA

- published aeronautical ch art 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

Admi nistrator upon request.

21. The UA may not be operated less than 500 feet below or less than 2,000 feet horizontally from a cloud or when visibility is less than 3 statute miles from
the PIC.21 22. If the UA loses communications or loses its GPS signal, it must retu rn to a

pre

- determined location within the planned operating area and land or be recovered in accordance with the operating documents.

23. The PIC must abort the flight in the event of unpredicted obstacles or emergencies in accordance with the operating docu ments.

24. The PIC is prohibited from beginning a flight unless (considering wind and forecast weather conditions) there is enough power to fly at normal cruising speed to the intended landing point and land the UA with 25% battery power remaining.

25. The operato r 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.

26. Al l 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 lar ge as practicable.

27. Before conducting operations, the radio frequency spectrum used for operation and control of the UA must comply with the Federal Communications Commission (FCC) or other appropriate government oversight agency requirements.

28. The documents required fewer than 14 C.F.R. 91.9 and 91.203 must be available to the PIC at the Ground Control Station of the UAS any time the UAS is operating. These documents must be made available to the Administrator or any law enforcement official upon request.

29. Th e UA must remain clear and yield the right of way to all manned aviation operations and activities at all times.

30. The UAS s may not be operated by the PIC from any moving device or
vehicle.

31. Flight operations must be conducted at least 500 feet from all

nonpa rticipating 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 e vent of an accident. The operator must ensure that nonparticipating persons remain under such protection. If a situation arises where nonparticipating persons22 leave such protection and are within 500 feet of the UA, flight operations must cease immediately and/or;

b. The aircraft is operated near vessels, vehicles or structures where the owner/controller of such vessels, vehicles or structures has granted permission and the PIC has made a safety assessment of the risk of operating closer to those objects and d etermined that it does not present an undue hazard, and;

c. Operations nearer to the PIC, SO, operator trainees or essential persons do not present an undue hazard to those persons per § 91.119(a).

32. All operations shall be conducted over private or controlled

- access property with permission from the land owner/controller or authorized representative. Permission from land owner/controller or authorized representative will be obtained for each flight to be conducted.

33. Any incident, accident, or flight operation th at transgresses the lateral or vertical boundaries of the 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 Boar d (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.

PREMIER DRONE PRODUCTIONS submit s 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 4k and Inspire 1 UAS s unless that PIC has demonstrated, by meeting minimum flight

- hour and currenc y requirements, that the PIC is able to safely operate the DJI Phantom 3 4k and Inspire 1 UAS s in a manner consistent with the exemption, including evasive and emergency maneuvers and maintaining appropriate distances from people, vessels, vehicles and str uctures.

Considering PREMIER DRONE PRODUCTIONS’ proposed area of operations, and the operating limitations set forth

- above; the parallel nature of private 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 4k and Inspire 1 UAS s , PREMIER DRONE PRODUCTIONS submits that the additional manned airmanship experience of a commercially certificated pilot would not correlate

to the airm anship skills necessary for PREMIER DRONE PRODUCTIONS specific proposed flight 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).23 PREMIER DRONE PRODUCTIONS will not allow any PIC to operate the DJI

Phantom 3 4k and Inspire 1 UAS s un less that PIC has demonstrated, by meeting minimum flight

- hour requirements or the DJI Phantom 3 4k and Inspire 1 UAS ’s training and currency requirements, that the PIC is able to safely operate the DJI

Phantom 3 4k and Inspire 1 UAS s in a manner consisten t with this exemption, including evasive and emergency maneuvers and maintaining appropriate distances from people, vessels, vehicles and structures.

Specifically, the PIC must have accumulated and logged, in a manner consistent with 14 C.F.R. § 61.51(b), 25 hours of total time as a UAS rotorcraft pilot (with a minimum of

5 hours of those as a UAS pilot operating the same make and model of UAS to be used for operations under the exemption). In addition to the hour requirements, the PIC must accomplish 3 tak eoffs 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 duri ng PREMIER DRONE PRODUCTIONS’ 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 of motion picture filming (or similar operations), the PIC must have accumulated and logged, in a manner consistent with 14 CFR 61.51(b ), 25

hours of total time as a UAS rotorcraft pilot incl uding 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 of UAS to be used for

o perations under the exemption. For clarification, the FAA considers these minimum hour requirements to be inclusive rather than additive; i.e. 5 hours make and model time may be included in the 10 hours of multi

- rotor time and the 10 hours may be included in the total 25 hours of UAS rotorcraft time. In addition to the hour requirements, the PIC must accomplish 3 takeoffs and landings in the preceding 90 days (for currency purposes). The FAA finds that at a minimum, the 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 regulati ons would satisfy this requirement. Training, proficiency, and experience

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

building flights the PIC is r equired to operate the UA with appropriate distances

in accordance with 14 C.F.R 91.119.

Accordingly, PREMIER DRONE PRODUCTIONS will ensure safe operations by not allowing any PIC to operate the DJI Phantom 3 4k and Inspire 1 UAS s unless that PIC24 has demon strated, by meeting minimum flight

- hour and currency requirements, that the PIC is able to safely operate the DJI Phantom 3 4k and Inspire 1 UAS s in a manner consistent with the exemption, including evasive and emergency maneuvers and maintaining appropria te 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, PREMIER DRONE PRODUCTIONS will ensure that the DJI

Phantom 3 4k and Inspire 1 UAS s are in an airworthy condition based upon the UAS’s compliance with its operating documents and as stated in the conditions and limitations

herein.

Addition ally, 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

t he altitude information of the DJI Phantom 3 4k and Inspire 1 UAS s 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 of the flight path and altitude.

T his altitude information, combined with PREMIER DRONE PRODUCTIONS’ operation of the DJI Phantom 3 4k and Inspire 1 UAS s within visual line of sight, at or below 500 feet AGL, will ensure a level of safety equivalent to Section 91.121. The

altitude informat ion 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 Exemp tion From The Requirements Of Section 91.151(b)

Would Not Adversely Affect Safety.

A grant of this 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 of the DJI

Ph antom 3 4k and Inspire 1 UAS s ; (2) the limitations on the proposed flight operations; and (3) the location of the proposed flight operations. Accordingly, PREMIER DRONE

PRODUCTIONS will ensure that it will safely operate the battery powered DJI Phantom25 3 4 k and Inspire 1 UAS s during daylight hours in VFR conditions, with enough battery power to fly for a total duration of 15 minutes for the Inspire 1 Pro or 23 minutes for

Phantom 3 4k.

Here, as in Exemption No. 11109, the technical specifications of the DJI Phantom 3 4k and Inspire 1 UAS s ; the limitations on the proposed flight operations; and the location of the 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 t he DJI Phantom 3 4k and Inspire 1 UAS s provide s 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% remaini ng battery power. At the critically low battery level, the DJI Phantom 3 4k and Inspire 1 UAS s will descend and land automatically.

Significantly, previous exemptions granted by the FAA concerning Section 91.151 establish that safety is not adversely affec ted when the technical characteristics and operating limitations of the UAS are considered. Relief has been granted for manned aircraft to operate at less than the minimums prescribed in Section 91.151, including Exemption Nos. 2689, 5745, and 10650. Moreo ver, 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, 1106 5, 11066, 11067, 11080, 1 1109, 11110, 11136, 11138, 11150, 11153, 11156, 11157, 11158, 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, PREMIER DRONE PRODUCTIONS submits 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

91.4 17(a) & (b) will be met because PREMIER DRONE PRODUCTIONS 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., PREM IER DRONE PRODUCTIONS ’ Aerial Operations Manual, Monthly Maintenance Log, and DJI Phantom 3 4k and Inspire 1 Pro Instruction

Manual s ). Furthermore, PREMIER DRONE PRODUCTIONS will document and

maintain all maintenance records for the DJI Phantom 3 4k and In spire 1 UAS s

.

Since the DJI Phantom 3 4k and Inspire 1 UAS s will be inspected as prescribed by the operating documents, PREMIER DRONE PRODUCTIONS will maintain the equivalent level of safety established by Sections 91.405(a), 91.409(a)(1), and 91.409(a)(2) . A copy
of the DJI Phantom 3 4k and Inspire 1 UAS User Manuals are attached hereto as Appendix A and B; a copy of the DJI Phantom 3 4k and Inspire 1 UAS ’s Maintenance LOG is attached hereto as Appendix C.26 Likewise, the exemption sought will not adversely affect safety because PREMIER

DRONE PRODUCTIONS will use trained technicians to perform maintenance, alterations or preventive maintenance on the UAS using the methods, techniques, and practices prescribed by the operating documents.

Furthermore, the exemp tion sought would maintain an equivalent level of safety established by Sections 91.407, 91.417(a) and 91.417(b), because all maintenance of the

DJI Phantom 3 4k and Inspire 1 UAS s will be performed by trained technicians.

Maintenance will be documented an d 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 techn ical characteristics and operating limitations of the

UAS are considered.

In consideration of PREMIER DRONE PRODUCTIONS’ proposed operating limitations, the operating documents, and the technical aspects of the DJI Phantom 3 and Inspire 1 UASs, PREMIER DRO NE PRODUCTIONS submits 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), 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 Pres cribe Any Other Conditions For Safe Operation

.

In accordance with Section 333 of the FAA Modernization and Reform Act of 2012 (FMRA) and 14 C.F.R. § 21.16 entitled Special Conditions, PREMIER DRONE

PRODUCTIONS requests that the FAA prescribe special condi tions for the intended operation of the DJI Phantom 3 4k and Inspire 1 UAS s , 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 of the UAS for the limited purpose of conducting aerial video and photography over certain areas of the

United States for compensation or hire. FMRA Section 333 sets forth the requirements for considering whether a UAS will create a hazard to users of the NAS or the public, or otherwise pose a threat to national security; and further, p rovides the authority for such UAS to operate without airworthiness certification in accordance with any requirements that must be established for the safe operation of the UAS in the NAS.

Likewise, the Administrator may prescribe special co nditi ons pursuant to 14
C.F.R. § 21.16, for operation of the DJI Phantom 3 4k and Inspire 1 UAS s , 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 of the aircraft. Section 21.16, entitled Special Conditions, states the following:27 If the FAA finds that the airworthiness regulations of this subchapter do not contain adequate or appropriate safety standards for an aircraft, aircraft engine, or propelle r because of a novel or unusual design feature of the 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 of this chapter and contain such safety 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 PREMIER DRONE PRODUCTIONS intended operation

of the DJI Phantom 3 4k and Inspire 1 UAS s , which contain such safety standards that the Administrator finds necessary to establish a level of safety e quivalent 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).

• A Summary That Can Be Published In The Federal Register, s tating: The

Rules From Which PREMIER DRONE PRODUCTIONS Seeks Exemption:

PREMIER DRONE PRODUCTIONS LLC seeks exemption from the

req uirements of 14 C.F.R Sections 61.113(a)&(b), 91.7(a), 91.121, 91.1 51(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b).

• A Brief Description Of The Nature Of The Exemption PREMIER DRONE

PRODUCTIONS Seeks:

This exemption will permit PREMIER DRONE PRODUCTIONS LLC to commercially operate Unmanned Aircraft System s (UAS s ) for the purpose of conducting aerial vid eo and photography over certain areas of the United States.

• Any Additional Information, Views, Or Arguments Available To Support

PREMIER DRONE PRODUCTIONS’ Request.

This Petition is made pursuant to the FAA Modernization and Reform Act of 2012 (FMRA) Sect ion 333, which directs the Secretary of Transportation to determine if certain
UAS s may operate safely in the NAS. As such, PREMIER DRONE PRODUCTIONS’ 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 of the NAS or the public, or otherwise pose a threat to national security; and further, provides the authority for such UAS to op erate without airworthiness certification.28 As discussed in detail above, PREMIER DRONE PRODUCTIONS will operate the DJI
Phantom 3 4k and Inspire 1 UAS s safely in the NAS, without creating a hazard to users of the NAS, or the public, or otherwise pose a th reat to national security.

CONCLUSION

As set forth herein, PREMIER DRONE PRODUCTIONS seeks an exemption pursuant

to 14 C.F.R. § 11.61 and Section 333 of the FAA Modernization and Reform Act of 2012 (FMRA), which will permit safe operation of the DJI Phanto m 3 4k and Inspire 1 UAS s commercially, without an airworthiness certificate, for the limited purpose of conducting aerial video and photography over certain areas of the United States. By granting this Petition, the FAA Administrator will be fulfilling th e Congressional mandate of the FAA Modernization and Reform Act of 2012, while also advancing the interests of the public, by allowing PREMIER DRONE PRODUCTIONS to safely, efficiently, and economically operate the DJI Phantom 3 4k and Inspire 1 UAS s commer cially within the NAS.

WHEREFORE , in accordance with the Federal Aviation Regulations and the FAA Modernization and Reform Act of 2012, Section 333, PREMIER DRONE
PRODUCTIONS respectfully requests that the Administrator grant this Petition for an exemption from the requirements of 1 4 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 PREMIER DRONE PRODUCTIONS to operate the DJI Phantom 3 4k and Inspir e 1 UAS s commercially for the purpose of conducting aerial video and photography over certain areas of the United States.

Dated: February 9 , 2016

Respectfully submitted,

Robert McChesney
Managing Partner and Chief
Pilot

FAA Private Pilot SEL # 3406645

U AS Certificate #FA3K44RW9R
PREMIER DRONE PRODUCTIONS , LLC

PO Box 451 Gotha, FL 34734 407

- 744

- 1163 bob@premierdroneproductions.com29 Appendices :

A

– Link s to DJI Phantom 3 4k and Inspire 1 Pro User Manual s : Click on the hot link s below

.

DJI Phantom 3 4k

http://www.manualslib.com/manual/979955/Dji

- Phantom

- 3

- Professional.html

B

– Links to DJI Phantom 3 and Inspire 1 Pro User Man uals

Inspire 1 Pro User Manual

http://www.manualslib.com/manual/895190/Dji

- Inspire

- 1.html#manual

C

– Link to Drone Log Book Web Site for Maintenance, Flight Log tra cking IAW FARs

Drone Log Book

https://www.dronelogbook.com/homePage/index.php