1 UNITED STATES OF AMERICA DEPARTMENT

OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION WASHINGTON, D.C.

IN THE MATTER OF THE PETI TION FOR EXEMPTION OF:

Sheldon S Devantier with Designetic Designs LLC (DBA Dragonfly FX)

FOR AN EXEMPTION SEEKING RELIEF FROM THE REQUIREMENTS OF

TITLE 14 OF THE CODE OF FEDERAL REGULATIONS SECTIONS 61.113(a) & (b), 91.7(a) , 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), AND 91.417(a) & (b) CONCERNING COMMERCIAL OPERATION OF DJI PHANTOM 3, DJI INSPIRE 1 AND DJI SPREADING WINGS S900 & S1000+ (W/ A2 FC)

UNMANNED AIRCRAFT SYSTEMS

PURSUANT TO SECTION 333 OF

THE FAA MODERNIZATION AND REFORM ACT OF 2012 (PUBLIC LAW 112-95)

Submitted on January 29th, 2016

Sheldon S Devantier Designetic Designs LLC (DBA Dragonfly FX)

4223 Canton Crest Dr. Katy, TX 77494 Tel: (323) 325-2200 Email: sd@dragonflyfx.com2 

### Table of Contents

GLOSSARY OF AB BREVIATIONS .............................................................................................3

SUMMARY ....................................................................................................................... ..............4

INTRODUCTION AND INTERESTS OF PETITIONER .............................................................4

BACKGROUND .................................................................................................................... .........4

BASIS FOR PETITION ............................................................................................................ ......5

NAME AND ADDRESS OF PETITIONER ...........................................................................6

THE SPECIFIC SECTIONS OF 14 C.F.R. FROM WHICH DESIGNETIC DESIGNS LLC

SEEKS EXEMPTION ..............................................................................................................7

THE EXTENT OF RELIEF DESIGNET IC DESIGNS LLC SEEKS AND THE

DESIGNETIC DESIGNS LLC SEEKS THE RELIEF ............................................................8

THE REASONS WHY GRANTING DESIGNETIC DESIGNS LLC’S REQUEST

WOULD BE IN THE PUBLIC INTEREST ..........................................................................12

THE REASONS WHY GRANTING THE EXEMPTION WOULD NOT ADVERSELY

AFFECT SAFETY ................................................................................................................. 14

SUMMARY THAT CAN BE PUBLISHE D IN THE FEDERAL REGISTER ....................25

ANY ADDITIONAL INFORMAT ION, VIEWS, OR ARGUMENTS AVAILABLE TO SUPPORT DESIGNETIC DESIGNS LLC’S REQUEST ....................................................25

CONCLUSION .................................................................................................................... ..........26

APPENDICES .................................................................................................................... ...........273 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

FC Flight Controller

GCS Ground Control Station

GPS Global Positioning System

LOL Loss of Link

NAS National Airspace System

NOTAM Notice to Airman

PIC Pilot In Command

RC Remote Control

Section 333 FAA Modernization & Reform Ac t of 2012 (FMRA) Section 333

SO Safety Observer

SOP Standard Operating Procedures

UA Unmanned Aircraft

UAS Unmanned Aircraft System

VFR Visual Flight Rules

VLOS Visual Line of Site

VMC Visual Meteorological Conditions

VTOL Vertical Takeoff and Landing4 SUMMARY

Designetic Designs 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 an Unmanned Airc raft System pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (FMRA). This exemption will Sheldon S Devantier, with Designetic De signs LLC, to operate an Unmanne d Aircraft System (UAS) for the commercial purpose of conducting aerial photography, vi deography, and cinematography for weddings, real estate, special events, film sets, television, public events, newsgathering, and land surveying, as well as create compa ny photography and videography for promotional videos and training for UAS operations ove r certain areas of the United States.

INTRODUCTION AND INTERESTS OF THE PETITIONER

Designetic Designs LLC pr ovides its clients with expertise and knowledge in production and cinematography tech nologies as well provide audio/ video solutions to present, produce, and educate. Designetic Designs LLC also provides its clients with the highest quality digital equipment for use in their commercial, personal, and non-profit multimedia projects. Designetic Designs LLC has over 5 years of professional audio, video and cinematography experience and is recognized as an expert in this fi eld. Designetic Designs LLC has over 22 years of private aviation experience, and over 3 years of professional aerial video and photography. The obj ective of Designetic Designs LLC ‘s aerial video and photography operations is to pr ovide high quality imaging for a variety of promotional, wedding, commercial, public, and reside ntial uses, specifically targeting:

 Production and Motion Picture Filming

 Television/Film

 Wedding Videography and Photography

 Real Estate Videography and Photography

 Land and Construction Surveying

 Increase public knowledge of UAS

 Provide training and promote safe UAS ope rations for resale of DJI products by doing promotional and training vide os and flight demonstrations.

BACKGROUND

Unmanned Aircraft Systems: DJI Phantom 3, DJI Inspire 1, DJI S900 & S1000+ UASs

Designetic Designs LLC seeks an exemption to operate DJI systems for compensation or
hire within the NAS. The DJI Phantom 3, DJ I Inspire 1, and DJI Spreading Wings S900 & S1000+ are vertical takeoff and landing (VTO L) Unmanned Aircraft (UA) with a Ground Control Station (GCS) utilizing electronic tablet or smart phone systems. The DJI Phantom 3 has a maximum gross weight of approximately 3 pounds , while having a length of 16 inches, width of 16 inches, height of 8 inches, and a maxi mum speed of approximately 31 knots. The DJI Inspire 1 has a maximum gross weight of 6 pounds 7.5 ounces, a length of 17.3 inches, width of 17.7 inches, height of 11.8 inches, and a maxi mum speed of approximately 42 knots. The DJI S900 has a maximum gross weight of 18 pounds, a length of approx. 50 inches, width of 50 inches, height of approx. 15 inches, and a maximum speed of approximately 42 knots.5 The DJI S1000+ has a maximum gross weight of 24 pounds 4 ounces, a length of approx. 53 inches, width of 53 inches, height of approx. 16 inches, and a maximum speed of approximately 45 knots. The DJI Phantom 3, and DJI Inspire 1UA’s are equipped with four main rotors; driven by Lithium Polymer battery powered electric moto rs. The DJI S900 UA is equipped with 6 main rotors; driven by Lithium Poly mer battery powered electric motors. The DJI S1000+ UA is equipped with 8 main rotors; driven by Lithiu m Polymer battery powered electric motors

BASIS FOR PETITION

Petitioner, Designetic Designs LLC, pursuant to the provisions of the Federal Aviation Regulations (14 C.F.R. § 11.61) and the FAA Mo dernization and Reform Act of 2012 (FMRA), Section 333, Special Rules for Certain Unmanne d Aircraft Systems, hereby petitions the Administrator to commercially operate the DJ I Phantom 3, DJI Inspire 1, DJI Spreading Wings S900 & S1000+ UAS’s in the National Airspace Syst em (NAS), and for an exemption from the requirements of 14 C.F.R §§ 61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2 ), and 91.417(a) & (b). In consideration of the speed, weight, size, and limited operating area associated with the unmanned aircraft and its opera tion, Designetic Designs LLC ‘s operation of DJI Phantom 3, DJI Inspire 1, and DJI Spreading Wings S900 & S 1000+ UAS’s meets the conditions of FMRA Section 333 and therefore, will no t require an airworthiness cert ificate in accordance with 14 C.F.R. Part 21, Subpart H. Accordingly, Designetic Designs LLC requests relief from Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), a nd 91.417(a) & (b), as these sec tions set forth requirements for maintenance that only apply to aircra ft with an airworthiness certificate. Designetic Designs LLC submits that the reque sted relief is proper since an equivalent level of safety will be ensured. Designetic Designs LLC will use experienced personnel or technicians to perform maintenance, alterations , or preventive maintenance on the UAS’s using the methods, techniques, and practices prescrib ed in the operating documents (i.e., Monthly Maintenance Log, and DJI Phantom 3, DJI Inspire 1, DJI Spreading Wings S900 & S1000+ Instruction Manuals). Furthermore, Designeti c Designs LLC will document and maintain all maintenance records for the DJI Phantom 3, DJ I Inspire 1, and DJI Spreading Wings S900 &

S1000+ UAS’s. Relief from certain requirements of Secti on 61.113(a) and (b), en titled Private pilot privileges and limitations : Pilot in command, is requested by Designetic Designs LLC to the extent necessary to allow a Pilot in Command (PIC) holding a private pilot or higher level
certificate, as well as an airman medical cert ificate, and who has demonstrated, by meeting minimum flight-hour and currency requirements, that the PIC is able to safely operate the DJI Phantom 3, DJI Inspire 1, DJI Spreading Wings S900 & S1000+ UAS’s in a manner consistent with this exemption, including evasive and emergency maneuver s and maintaining appropriate distances from people, vessels , vehicles and structures. Designetic Designs LLC seeks relief from Section 91.7(a), entit led Civil aircraft
airworthiness, because the DJI Phantom 3, DJI Inspire 1, DJI Spreading Wings S900 & S1000+ UAS’s do not require an airworthiness certificat e in accordance with 14 C.F.R. Part 21, Subpart H. As such, Designetic Designs LLC submits that he will ensure that the DJI Phantom 3, DJI Inspire 1, DJI Spreading Wings S900 & S1000+ UAS’s are in an airworthy condition, prior to every flight, by determining that the UASs are in compliance with the operating documents (i.e., Monthly Maintenance Log, and DJI Phantom 3, DJI Inspire 1, DJI Spreading Wings S900 & S1000+ Instruction Manuals), and that the ai rcraft are in a condition for safe flight.6 Designetic Designs LLC also seeks an ex emption from the requirements of Section 91.121, entitled Altimeter Settings, as the DJI Phantom 3, DJI Inspire 1, DJI Spreading Wings S900 & S1000+ UA’s will not have a typical baro metric altimeter onboard. However, altitude information of the DJI Phantom 3, DJI Insp ire 1, DJI Spreading Wings S900 & S1000+ UA’s will be provided to the PIC via Global Positioning System (GPS) equipment and radio communications telemetry data link, which dow nlinks from the UA to the GCS for active monitoring of the flight path. This altitude information, comb ined with Designetic Designs LLC’s operation of the DJI Phantom 3, DJI In spire 1, DJI Spreading Wings S900 & S1000+ UAS’s within visual line of sight, at or belo w 500 feet AGL, will ensure a level of safety equivalent to Section 91.121. Additionally, Designetic Designs LLC seeks an exemption from the requirements of Section 91.151(b), entitled Fuel requirements for flight in VFR conditions . Designetic Designs LLC submits that safety will not be affected by operation of the DJI Phantom 3, DJI Inspire 1, DJI Spreading Wings S900 & S1000+ UAs during daylight hours in visual meteorological conditions (VMC) under visual flight rules (VFR), with enough battery po wer to fly for a total duration of approximately 13 minutes to the firs t point of intended landing and, assuming normal cruising speed, to fly after that for at least 4.5 minutes. In accordance with 14 C.F.R. § 11.81, Designetic Designs LLC provides the following information in support of its petition for exemption:

A. Name And Address Of The Petitioner:

The name and address of the Petit ioner and point of contact is:

Sheldon S Devantier Designetic Designs LLC (DBA Dragonfly FX)

4223 Canton Crest Dr. Katy, TX 77494 Tel: (323) 325-2200 Email: sd@dragonflyfx.com7 B. The Specific Sections Of 14 C.F.R. From Which DESIGNETIC DESIGNS LLC seeks Exemption.

1. Designetic Designs LLC Seeks Ex emption From The Requirements Of Section 61.113(a) And (b).

Section 61.113, entitled Privat e pilot privileges and lim itations: Pilot in command, subsections (a) and (b) prescribe the following, in relevant part: (a) No person who holds a private pilot certifi cate may act as a pilot in command (PIC) of an aircraft that is carrying passenger s 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 employment if— (1) The flight is only incidental to that business or employment; and (2) The aircraft does not carry passengers or property for compensation or hire.

2. Designetic Designs LLC Seeks Exempt ion From The Requirements Of Section 91.7(a).

Section 91.7, entitled Civil airc raft airworthiness, subsecti on (a), states the following: (a) No person may operate a civil aircraft unless it is in an airworthy condition.

3. Designetic Designs LLC Seeks Exempt ion From The Requirements Of Section

91.121.

Section 91.121, entitled Altimeter settings, subs ection (a), states the following, in part: (a) Each person operating an aircraft shall mainta in the cruising altitude or flight level of that aircraft, as the case may be, by refere nce to an altimeter that is set, when operating-- (1) Below 18,000 feet MSL, to--

(i) The current reported altim eter 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 paragra ph (a)(1)(i) of this section, the current reported altimeter set ting of an appropriate available station;

or (iii) In the case of an aircraft not eq uipped with a radio, the elevation of the departure airport or an appr opriate altimeter setting av ailable before departure.

4. Designetic Designs LLC Seeks Exempt ion From The Requirements Of Section 91.151(b).

Section 91.151, entitled Fuel requirements for flight in VFR conditions , subsection (b), states the following:8 (b) No person may begin a flight in a rotorcraft under VFR conditions unless (considering wind and forecast weather condi tions) there is enough fuel to fly to the first point of intended landing and, a ssuming normal cruising speed, to fly after that for at least 20 minutes

.

5. Designetic Designs LLC Seeks Exemption From The Requirement Of Section 91.405(a).

Section 91.405, entitled Maintenance required , subsection (a), states the following: Each owner or operator of an aircraft— (a) Shall have that aircraft inspected as prescr ibed in subpart E of this part and shall between required inspections, except as pr ovided in paragraph (c) of this section, have discrepancies repaired as prescribed in part 43 of this chapter[.]

6. Designetic Designs LLC Seeks Exempt ion From The Requirements Of Section 91.407(a)(1)

Section 91.407, entitled Opera tion after maintenance, pr eventive maintenance, rebuilding, or alteration, subsecti on (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 se rvice by a person authorized under §43.7 of this chapter[.]

7. Designetic Designs LLC Seeks Exemptio n From The Requirements Of Sections 91.409(a)(1) And 91.409(a)(2).

Section 91.409, entitled Insp ections, subsection (a), states the following:

(a) Except as provided in paragraph (c) of this section, no person may operate an aircraft unless, within the precedi ng 12 calendar months, it has had --

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

or

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

8. Designetic Designs LLC Seeks Exemptio n From The Requirements Of Sections 91.417(a) And 91.417(b).

Section 91.417, entitled Mainte nance records, subsections (a) and (b), state the following:9 (a) Except for work performed in accordance with §§ 91.411 and 91.413, each registered owner or operator shall keep the following records for the periods specified in paragraph (b) of this section:

(1) Records of the maintenance, preventiv e 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 each engine, propeller, rotor, a nd appliance of an aircraft. The records must include--

(i) A description (or reference to dataacceptable to the Administrator) of the work performed; and

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

(iii) The signature, and certificate numb er of the person approving the aircraft

for return to service. (2) Records containing the following information: (i) The total time in service of the ai rframe, each engine, each propeller, and

each rotor.

(ii) The current status of life-limited parts of each airframe, engine, propeller, rotor, and appliance.

(iii) The time since last ove rhaul 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 since the last inspection required by the inspec tion program under which the aircraft and its appliances are maintained.

(v) The current status of applicable ai rworthiness directives (AD) and safety directives including, for each, the met hod of compliance, the AD or safety

directive number and revi sion date. If the AD or sa fety directive involves recurring action, the time and date wh en the next action is required.

(vi) Copies of the forms prescribed by § 43.9(d) of this chap ter for each major

alteration to the airframe and currently installed engi nes, rotors, propellers, and appliances.

(b) The owner or operator shall retain the fo llowing records for the periods prescribed:

(1) The records specified in paragraph (a)(1) of this section shall be retained until the work is repeated or superseded by ot her 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.10 (3) A list of defects furnished to a regi stered 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.

C. The Extent Of Relief Designetic Desi gns LLC Seeks And The Reason Designetic Designs LLC Seeks The Relief.

1. Extent Of Relief Designetic Design s LLC Seeks And The Reason Designetic Designs LLC Seeks Relief Fr om Section 61.113(a) And (b).

Relief from Section 61.113(a) and (b) entitled Private pi lot privileges and limitations: Pilot in command, is requested to the extent n ecessary to allow a PIC hol ding a private pilot or higher level certificate, as well as a current a nd valid airman medical certificate, and who has met certain flight-hour and currency require ments, to conduct the proposed UAS flight operations for compensation or hire. This relief is requested si nce the limitations set forth in Section 61.113(a) and (b) state That a private pilot may, for comp ensation or hire, act as PIC of an aircraft in connection with any business or employment if: (1) The flight is only incidental to that business or employment; and (2) The aircraft does not ca rry passengers or property for compensation or

hire. As set forth more fully below, Designetic Designs LLC submits that an equivalent

level of safety will be maintained because no PIC will be allowed to operate the DJI Phantom 3, DJI Inspire 1, and DJI Spreading Wings S 900 & S1000+ UAS’s unless that PIC has met certain flight-hour and currency requirements, de monstrating that the PI C is able to safely operate either the DJI Phantom 3, DJI Insp ire 1, and DJI Spreading Wings S900 & S1000+

UASs in a manner consistent with the operatio ns specifications as described in this exemption, including evasive and emergency maneuvers, as well as maintaining appropriate distances from people, vessels, vehicles and

structures. Further, Designetic Designs LLC submits that all flights of the DJI Phantom 3, DJI Inspire 1, and DJI Spreading Wings S900 & S 1000+UASs, conducted by the PIC pursuant to the grant of this Petition: (1) will be incident al to Designetic Designs LLC’s business; and (2) will not carry passengers or property for compensation or hire.

2. Extent Of Relief Designetic Designs LLC Seeks And The Reason DESIGNETIC

DESIGNS LLC Seeks Relief From Section 91.7(a).

Relief from Section 91.7(a) entitled Civil aircraft airworthiness , is requested to the extent required to allow Designetic Designs LLC to determine that the DJI Phantom 3, DJI Inspire 1, and DJI Spreading Wings S900 & S1000+ UAS’s are in airworthy condition prior to every flight by ensuring that the UAS is in compliance w ith the operating documents (i.e., the Designetic Designs LLC Aerial Operations Manual, Monthly Ma intenance Log, and DJI Phantom 3, DJI Inspire 1, and DJI Spreading Wings S900 & S1000+ Instruction Manuals). Designetic Designs LLC seeks the requested relief because the DJI Phantom 3, DJI Inspire 1, and DJI Spreading Wings S900 & S 1000+ UAS’s do not require an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H. Therefore, Designetic Designs LLC will ensure that the DJI Phantom 3, DJI Insp ire 1, and DJI Spreading Wings S900 & S1000+ UAS’s are in airworthy condition based upon its compliance with the operating documents (i.e.,11 Monthly Maintenance Log, and DJI Phantom 3, DJI Inspire 1, and DJI Spreading Wings S900 & S1000+ Instruction 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 Designetic Designs LLC Seeks And The Reason Designetic Designs LLC Seeks Relief From Section 91.121.

Relief from Section 91.121, entitled Altimeter settings, may be required to allow flight operations of the DJI Phantom 3, DJI Inspir e 1, and DJI Spreading Wings S900 & S1000+ UAS’s, which utilize a barometric pressure sens or, GPS equipment, and a radio communications telemetry data link to downlink altitude inform ation from the UA to the PIC at the ground control station (GCS). Since the FAA requires that any altitude information concerning UAS operations be reported to air tr affic control (ATC) in feet ab ove ground level (AGL), Designetic Designs LLC seeks the requested relief because the DJI Phantom 3, DJI Inspire 1, and DJI Spreading Wings S900 & S1000+ UA’s altimeter may be set on the ground to zero feet AGL, rather than the local barometric pressure or field altitude, before each flight. Considering the limited altitude of the pr oposed operations, relie f from 14 CFR 91.121 is sought to the extent necessary to comply with the applicable conditions and limitations stated below. As more fully set forth herein, an equivale nt level of safety will be maintained since the DJI Phantom 3, DJI Inspire 1, and DJI Spr eading Wings S900 & S1000+ UA’s are equipped with a barometric pressure sensor and GPS e quipment, which automatically ensures that a ground level pressure setting will be established prior to each f light, and provides the PIC with

altitude information of the UA on th e heads-up display of the GCS.

4. Extent Of Relief Designetic Designs LLC Seeks And The Reason Designetic Designs LLC Seeks Relief From Section 91.151(b).

Relief from Section 91.151(b) entitled Fuel re quirements for flight in VFR conditions, is requested to the extent required to allow fli ghts of the battery powered DJI Phantom 3, DJI Inspire 1, and DJI Spreading Wings S900 & S 1000+ UA’s during daylight hours in visual meteorological conditions (VMC), under visual f light rules (VFR), for a total duration of 14.5 minutes to the first point of intended landing a nd, assuming normal cruising speed, to fly after that for at least 5.5 minutes. Designetic Designs LLC seeks the requested relief because without an exemption from Section 91.151(b), the flight time duration of the battery powered DJI Phantom 3, DJI Inspire 1, and DJI Spreadi ng Wings S900 & S1000+ UA’s will severely constrain the practicality of any aerial video or still photo flight opera tions that Designetic Designs LLC proposes to conduct pursuant to this Petition. Significantly, as set forth below, the techni cal specifications of the DJI Phantom 3, DJI Inspire 1, and DJI Spreading Wings S900 & S1000+ UAS’s, the DJI Phantom 3, DJI Inspire 1, and DJI Spreading Wings S900 & S1000+ operating documents, and Designetic Designs LLC s proposed operating limitations, ensu re that Designetic Designs LLC will safely operate the battery powered DJI Phantom 3, DJI Inspire 1, and DJI Spreading Wings S900 & S1000+ UA’s during daylight hours in visual meteorological conditions (VMC), under visual flight rules (VFR), with enough battery power to fly for a tota l duration of 14.5 minutes to the first point of intended landing and, assuming normal cruising spee d, to fly after that for at least 5.5 minutes.12 5. Extent Of Relief Designetic Designs LLC Seeks And The Reason Designetic Designs LLC Seeks Relief From Sect ions 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 airworth iness certificate, Designetic Designs LLC requests relief from these Sections because the DJI Phantom 3, DJ I Inspire 1, and DJI Spreading Wings S900 & S1000+ UAS’s do not require airwor thiness certificates. As set forth more fully below, the DJI Phantom 3, DJI Inspire 1, and DJI Spreading Wi ngs S900 & S1000+ UAS’s meet the conditions of FMRA Section 333 for operation without an airworthiness certifi cate. Accordingly, Designetic Designs LLC will use trained technicians to perf orm maintenance, alterations, or preventive maintenance on the UASs using the met hods, techniques, and practices prescribed in the UAS operating documents (i.e., the Designetic Designs LLC Aerial Operations Manual, Monthly Maintenance Log, and DJI Phantom 3, DJI Inspire 1, and DJI Spreading Wings S900 & S1000+ Instruction Manuals). Furt hermore, Designetic Designs LLC will document and

maintain all maintenance records for the DJI Ph antom 3, DJI Inspire 1, and DJI Spreading Wings

S900 & S1000+ UASs.

D. The Reasons Why Granting Designetic Designs LLC’s Request Would Be In The Public Interest; That Is, Ho w It Would Benefit The Public As A Whole.

Granting the present Petition will further the public interest by allowing Designetic Designs LLC to safely, efficiently, and economically perform aerial video and photography for wedding films, real estate, special events, film sets, and landscape ove r certain areas of the

United States. Additionally, use of the DJI Phantom 3, DJ I Inspire 1, and DJI Spreading Wings S900 & S1000+ UAS’s will decrease conge stion of the NAS, reduce pollution, and provide significant benefits to the economy. Notably, the benefits of Designetic Designs LLC’s proposed operation of the DJI Phantom 3, DJI Inspire 1, and DJI Spreading Wings S900 & S1000+ 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, DJI Inspire 1, and DJI Spreading Wings S900 & S1000+ UA’s are battery powered and serve as a sa fe, 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 acqui sitions, an exemption allowing the use of a DJI Phantom 3, DJI Inspire 1, and DJI Spreading Wings S900 & S1000+ UAS’s would reduce the amount of manned aircraft in the NAS, reduce no ise 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, DJI Inspire 1, and DJI Spreading Wings S900 & S1000+ UA’s do not require an airport to takeoff or land. Like wise, a reduction of manned aircra ft conducting aerial video and photography missions would result in fewer aircraft that must be handled by air traffic control during the ground, takeoff, departure, arriva l, and landing phases of flight operations.13 2. The Public Will Benefit From The Safety And Efficiency Of The DJI Phantom 3, DJI Inspire 1, and DJI Spreading Wings S900 & S1000 + UAS’s.

Conducting aerial acquisitions with the DJI Phantom 3, DJI Inspire 1, and DJI Spreading Wings S900 & S1000+ UAS’s, instead of manned aircraft, will greatly benefit the public by drastically reducing the levels of air and noise pollution generated during tradit ional aerial video and still photography flight operations. By using battery power and electric motors, the DJ I Phantom 3, DJI Inspire 1, and DJI Spreading Wings S900 & S1000+ UAS’s produ ce no air pollution, and is the most viable environmentally conscious alternative to the cabin class, six-cylinder internal combustion engine aircraft that are typically u tilized for aerial video and photogr aphy, while burning approximately 20-30 gallons per hour of leaded aviation fuel . The DJI Phantom 3, DJI Inspire 1, and DJI Spreading Wings S900 & S1000+ UAs, while reducing the carbon foot print of aerial acquisitions, also eliminates noise pollution, as the UAs are propelled by battery powered electric motors, rather than an internal combustion engine. By using the DJI Phantom 3, DJI Inspire 1, and DJI Spreading Wings S900 & S1000+ UASs 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 aircra ft flight operations, will be substantially reduced or completely eliminated. Aside from the lack of flight crew members located onboard the aircraft, the DJI Phanto m 3, DJI Inspire 1, and DJI Spreading Wings S900 & S1000+ UAs (weighing approximately only 2 pounds 11 ounces to 24 pounds respectively, at their maximum gross weights, with lengths of 16 inches to 53 inches re spectively, widths of 16 inches to 53 inches respectively, and with no fuel on board), has less physical potential for collateral damage to life and property on the gr ound, and in the air, compared to the manned aircraft that typically conduc t similar operations (weighing approximately 6,000 pounds with a wingspan of approximately 42 feet, a length of 34 feet, and a fuel capacity of 180 gallons).

3. Performing Aerial Video and Photography Operations With The DJI Phantom 3, DJI Inspire 1, and DJI Spreading Wings S900 & S1000+ UASs Will Benefit The Economy.

In addition to being safe and efficient, the DJI Phantom 3, DJI Inspire 1, and DJI Spreading Wings S900 & S1000+ UASs are also an economical alterna tive to using manned

aircraft to conduct similar aerial operations. As such, operation of the DJI Phantom 3, DJI Inspire 1, and DJI Spreading Wings S900 & S1000+ UASs will allow United States based companies, like Designetic Designs LLC, to remain competit ive and contribute to growth of the U.S. economy. Specifically, with the ri sing cost of aviation fuel a nd the Environmental Protection Agency (“EPA”) regulatory actions phasing out leaded aviation fu els, U.S. owned and operated companies must adopt new and alternative technol ogy in order to remain competitive. Operating the battery powered DJI Phantom 3, DJI Insp ire 1, and DJI Spreading Wings S900 & S1000+ UASs is one such technology that not only allo ws companies greater operational flexibility compared to manned aircraft, but provides such fl exibility without the high operational cost of a

traditional manned aircraft. By operating the DJI Phantom 3, DJI In spire 1, and DJI Spreading Wings S900 & S1000+ UASs, companies such as Designetic Designs LLC, can remain competitive and profitable, and therefore, provide greater job st ability 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 DJ I Phantom 3, DJI Inspire 1, and DJI Spreading14 Wings S900 & S1000+ UASs, provides a stable wo rkforce that increases consumer spending; improves local, state, and federal tax revenues; and allows companie s to invest in research and development in order to remain competitiv e both in the United States and abroad.

4. There Are No Privacy Issues.

Similar to the manned aerial acquisition fli ght operations that have been conducted for decades, Designetic Designs LLC ’ s proposed operation of the DJI Phantom 3, DJI Inspire 1, and DJI Spreading Wings S900 & S1000+ UASs will not implicate any privacy issues. Specifically, the DJI Phantom 3, DJI Inspir e 1, and DJI Spreading Wings S900 & S1000+ UASs will be operated only in compliance with operating documents (i.e., the Designetic Designs LLC Aerial Operations Manual, Monthly Maintenance Log, and DJI Phantom 3, DJI Inspire 1, and DJI Spreading Wings S900 & S1000+ Instruction Manuals) which requires property owner i nvolvement as well as local law enforcement notification, and in accordance with the Federal Aviation Regulations, including the minimum altitude requirements of 14 C.F.R. §91.119.

E. The Reasons Why Granting The Exemption Would Not Adversely Affect Safety, Or How The Exemption Would Provide A Le vel Of Safety At Least Equal To That Provided By The Rule From Which Designetic Designs LLC Seeks Exemption.

1. Reasons Why The DJI Phantom 3, DJI Inspire 1, and DJI Spreading Wings

S900 & S1000+ UASs Meet The Conditions Of The FAA Modernization and Reform Act of 2012 (FMRA) Section 333.

In consideration of the size, weight, sp eed, and limited operating area associated

with the unmanned aircraft and its operation, Designetic Designs LLC ’s operation of the DJI Phantom 3, DJI Inspire 1, and DJI Spread ing Wings S900 & S1000+ UASs meet the 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 wit hout airworthiness certification and sets forth requirements for c onsidering whether a UAS will create a hazard to users of the NAS or the public, or otherwise po se a threat to national security. Specifically, FMRA Section 333 states the following, in part:

(a) In General.--Notwithstanding any other requ irement of this subtitle, and not later than 180 days after the date of en actment 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 required 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 Secret ary shall determine, at a minimum--

(1) which types of unmanned aircraft sy stems, if any, as a result of their size, weight, speed, operational capab ility, proximity to airports and populated15 areas, and operation within vi sual line of sight do not create a hazard to users of the national airspace sy stem or the public or pose a threat to national security; and

(2) whether a certificate of wa iver, certificate of authorization, or airworthiness certification under section 44704 of title 49, United States Code, is required for the ope ration of unmanned aircra ft systems identified under paragraph (1).

(c) Requirements for Safe Operation.--If the Secretary determin es under this section that certain unmanned aircraft system s may operate safely in the national airspace system, the Secretary shall establis h requirements for the safe operation of such aircraft systems in the national airspace system.

In seeking this exemption, Designetic Designs LLC submits that the DJI Phantom 3 and DJI Inspire 1UASs can operate safely in the NAS pursuant to FMRA Section 333, as demonstrated by: (a) the characteristics of the DJI Phantom 3, DJI Inspire 1, and DJI Spreading Wings S900 & S1000+ UASs; (b) th e pilot certification requirement; and (c) the specific operating limitations.

a. The Specifications Of The DJI Phantom 3, DJI Inspire 1, and DJI Spreading Wings S900 & S1000+ UASs Demonstrat e Its Safe Characteristics.

The DJI Phantom 3, DJI Inspire 1, an d DJI Spreading Wings S900 & S1000+ UASs

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, DJI Inspire 1, and DJI Spreading Wings S900 & S1000+ UASs, and DJI A2 FC.

The technical specifications of the DJ I Phantom 3, DJI Inspire 1, and DJI Spreading Wings S900 & S1000+ UASs are set forth by the DJI Phantom 3, DJI Inspire 1, and DJI Spreading Wings S900 & S1000+ Specifications and Data Sheet, attached hereto as Appendices A, B, C, D, E and F.

ii. The DJI Phantom 3, DJI Inspire 1, and DJI Spreading Wings S900 & S1000+ UASs Autonomous Flight And Navigation Modes Enable The UASs To Remain Within A Defined Operational Area.

The DJI Phantom 3, DJI Inspire 1, and DJI Spreading Wings S900 & S1000+ UASs may be operated in both manua l and fully autonomous flight modes. A complete description of the flight and naviga tional modes of the DJI Phantom 3, DJI Inspire 1, and DJI Spreading Wings S900 & S1000+ UASs is provided at pages 25-35 of the page 11-14 of the DJI Phantom 3, pages 12-16 and 45- 50 of the DJI Inspire 1, and pages 23, 30-31 and 33-37 of the A2 FC (used for the DJI Spreading Wings S900 & S1000+ UAVs) User Manuals, attached hereto as Appendices G, H, I, J, K and L.16 iii. The DJI Phantom 3, DJI Inspire 1, and DJI SpreadingWings S900 & S1000+ UASs Are Designed For Automatic Re turn To Home Point Or Hover In The

Event Of Loss Of The Cont rol Link Or Navigation.

When the Control Link is lost, the DJI Phantom 3, DJI Inspire 1, and DJI Spreading Wings S900 & S1000+ UAs will remain stationary, in flight, for 3 seconds or more. If, after 3 seconds, the DJI Phantom 3, DJI Inspire 1, and DJI Spreading Wings S900 & S1000+ UAs do not reacquire control link data from the GCS, the UAs will assume that the

Control Link is lost and the UAs 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 2 UAS are set forth at pages 27-29, pages 12-14 for the DJI Ph antom 3, pages 13-15 for the DJI Inspire 1, and pages 30-31 of the A2 FC (used for the DJI Spreading Wings S900 & S1000+ UAVs) User Manuals, attached hereto as Appendices G, H, I, J, K and L.

b. Flight Operations Of DJI Phantom 3, DJI Inspire 1, and DJI Spreading Wings S900 & S1000+ UASs Ar e Limited To The Line Of Sight Of A Certificated PIC With A Safety Observer.

Sheldon S Devantier is a commercially rated pilot, and De signetic Designs LLC will only utilize certificated pilots who possess a cu rrent and valid airman medical certificate to act as a pilot in command (PIC) of the DJ I Phantom 3, DJI Inspire 1, and DJI Spreading Wings S900 & S1000+UASs. Additionally, a safe ty observer will assist all pilots during flight time.

c. Flights Of DJI Phantom 3, DJI Inspire 1, and DJI Spreading Wings S900 &

S1000+UASs Will Be Conducted Pursuant To Specific Operating Limitations.

In seeking this exemption, Designetic Designs LLC proposes to commercially operate DJI Phantom 2, DJI Phantom 3, DJI Inspire 1, and DJI Spreading Wings S900 & S1000+ UASs for the special purpose of conducting ae rial 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 UASs weighing less than 55 pounds’ maximum gross weight: DJI Phantom 3, DJI Inspire 1, and DJI Spreading Wings S900 & S1000+ UASs. Prop osed operations of any other aircraft will require a new petition or a petition to amend this grant.

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

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

4. The UA must be operated at an altitude of no more than 500 feet above ground level (AGL), as indicated by the procedur es specified in the operating documents17 unless a special request is made and approved by ATC. All altitudes reported to

ATC must be in feet AGL.

5. The UAs 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 unaided by any device other than corrective lenses, as specifie d on the PIC’s FAA-issued airman medical

certificate.

6. All operations must utilize a safety observer (SO). The SO may be used to satisfy

the VLOS requirement as long as the PIC always maintains VLOS capability. The

SO and PIC must be able to communicat e verbally at all times. Electronic messaging or texting is not permitted duri ng 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.

7. The SO must not perform any other du ties beyond assisting the PIC with seeing

and avoiding other air traffic and other ground based obstacles/obstructions and is not permitted to operate the camera or other instruments.

8. The operating documents and the grant of exemption must be accessible during UAS operations and made available to the Administrator upon request. If a discrepancy exists between the conditions and limitations contai ned 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 fo llow the procedures as outlined in its operating documents. The operator may update or revise its operating documents. It is the operator’s responsibility to tr ack such revisions and present updated and

revised documents to the Administrato r 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 operato r 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 contac ted if questions arise regarding updates or revisions to the operating documents.

9. Prior to each flight the PI C must inspect the UAS to ensu re that it is in a condition for safe flight. If the inspec tion reveals a condition that affects the safe operation of the UAS, the aircraft is prohibited from operating until the necessary maintenance has been performed and the UAS is found to be in a condition for safe flight.

10. Any UAS that has undergone maintenan ce or alterations that affect the UAS operation or flight characteri stics, e.g. replacement of a flight critical component, must undergo a functional test flight. Th e PIC who conducts the functional test flight must make an entry in the aircraft records.18 11. 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 documents.

12. The operator must follow the UAS manufacturer’s aircraft/component, maintenance, overhaul, replacement, inspection, and life limit requirements.

13. The operator must carry out its mainte nance, inspections, and record keeping requirements, in accordance with the operating documents. Maintenance, inspection, alterations, and st atus of replacement/overh aul component parts must be noted in the aircraft records, includ ing total time in service, description of work accomplished, and the signature of the authorized person returning the

UAS to service.

14. Each UASs operated under this exempti on must comply with all manufacturer Safety Bulletins.

15. The authorized person must make an entr y in the aircraft record of the corrective action taken against discrepancie s discovered between inspections.

16. The PIC must possess at least a private pilo t certificate and at le ast a current thirdclass medical certificate.

17. The operator may not permit any PIC to operate unless the PIC meets the operator’s qualification criter ia and demonstrates the ability to safely operate the

UAS in a manner consistent with ho w the UAS will be operated under the exemption, including evasive and emer gency maneuvers and maintaining appropriate distances from persons, ve ssels, vehicles and structures. PIC qualification flight hours must be logged in a manner consistent with 14 C.F.R. § 61.51(b). Flights for the purposes of trai ning the operator’s PICs are permitted under the terms of the exemption. Howe ver, training operations may only be conducted during dedicated tr aining sessions. During trai ning, proficiency, and experience-building flights, all persons not essential for flight operations are considered nonparticipants , and the PIC must operate the UA with appropriate distance from nonparticipants in accordance with 14 C.F.R. §91.119.

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

19. The UA may not operate within 5 nautical miles of an airport reference point as denoted on a current FAA-published aeronautic al chart unless a letter of agreement with that airport’s management is obt ained, and the operation is conducted in accordance with a NOTAM as required by th e operator’s COA. The letter of agreement with the airport management must be made available to the Administrator upon request.19 20. The UA may not be operated less than 500 feet below or le ss than 2,000 feet horizontally from a cloud or when visibility is less than 3 statute miles from the

PIC.

21. If the UA loses communications or loses its GPS signal, it must return to a predetermined location within the planned ope rating area and land or be recovered in accordance with the operating documents.

23. The PIC must abort the flight in the ev ent of unpredicted obstacles or emergencies in accordance with the operating documents.

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 operator must obtain an Air Traffic Organization (ATO) issued Certificate of Waiver or Authorization (COA) prior to conducting any operations under the grant of exemption. This COA will also require the operator to request a Notice to Airman (NOTAM) not more than 72 hours in advance, but not less than 48 hours prior to the operation. All operations shall be conduc ted in accordance with airspace requirements in the ATO issued COA including class of airspace, altitude level and potential tr ansponder requirements.

26. All aircraft operated in accordance with the COA exemption must be identified by serial number, registered in accordance with 14 C.F.R. part 47, and have identification (N- Number) markings in accordance with 14 C.F.R. part 45, Subpart C. Markings must be as large as practicable.

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.

29. The UA must remain clear and yield the right of way to all manned aviation operations and activit ies at all times.

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

31. Flight operations must be conducted at least 500 feet from all nonparticipating persons (persons other than the PIC, SO, operator train ees or essential persons), vessels, vehicles, and structures unless:

a. Barriers or structures are present that sufficiently protect nonparticipating persons from the UA and/or debris in the event of an accident. The operator must ensure that nonparticipating pers ons remain under such protection. If a situation arises where nonparticipati ng persons leave su ch protection and are within 500 feet of the UA, f light operations mu st cease immediately and/or;20 b. The aircraft is operated near vessel s, vehicles or st ructures where the owner/controller of such vessels, ve hicles or structures has granted permission and the PIC has made a safety assessment of the risk of operating closer to those objects and dete rmined 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 pr ivate 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 that transgresses the lateral or vertical boundaries of the operational area as defi ned by the applicable COA must be reported to the FAA's UAS Integra tion Office (AFS-80) within 24 hours. Accidents must be reported to the Nati onal Transportation Safety Board (NTSB) per instructions contained on the NTSB Web site: www.ntsb.gov

.

2. Reasons Why An Exemption From The Requirements Of Section 61.113(a) And (b) Would Not Adversely Affect Safety.

Designetic Designs LLC submits that the equivalent le vel of safety established by Section 61.113(a) and (b) will be maintain ed because no PIC will be allowed to operate the DJI Phantom 3, DJI Inspire 1, and DJI Spreading Wings S900 & S1000+

UASs unless that PIC has demonstrate d, by meeting minimum flight-hour and currency requirements, that the PIC is able to safely operate the DJI Phantom 3, DJI Inspire 1, and DJI Spreading Wings S900 & S1000+ UAS in a manner consistent with the exemption, including evasive and emergency maneuvers and maintaining appropriate distances fr om people, vessels, vehi cles and structures. Considering DESIGNETIC DESIGNS LLC’s proposed area of operations, and the operating limitations set forth-above; the parall el nature of privat e pilot aeronautical knowledge requirements to those of comme rcial pilot requirements (See Exemption No.11062); and the airmanship skills necessary to safely operate the DJI Phantom 3, DJI Inspire 1, and DJI Spreading Wings S900 & S1000+ UAS, Designetic Designs LLC submits that the additional manned airmanship experience of a commercially certificated pilot would not correlate to the airmanship skills necessary for DESIGNETIC DESIGNS LLC’s specifi c proposed flight operations. The FAA has previously granted relief fr om Section 61.113(a) a nd (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).

Designetic Designs LLC will not allow any PIC to operate the DJI Phantom 3, DJI Inspire 1, and DJI Spreading Wings S900 & S 1000+ UAS unless that PIC has demonstrated, by meeting minimum flight-hour requirements or the DJI Phantom 3, DJI Inspire 1, and DJI Spreading Wings S900 & S1000+ UAS training a nd currency requirements, that the PIC is21 able to safely operate the DJI Phantom 2 or DJI Inspire 1 UAS in a manner consistent with this exemption, including evas ive and emergency maneuvers and maintaining appropriate distances from people, vessels , vehicles and structures. Specifically, the PIC must have accumulate d 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 hours as a UAS pilot operating the same make and model of UAS to be used for operations under the exemption). In additi on to the hour requirements, the PIC must accomplish 3 takeoffs and landings in the preceding 90 days (for currency purposes). As in Exemption Nos. 11062, 11138, and 11153, prior documented flight experience that was obtained in compliance with applicable regulations will ensure an equivalent level of safety during Designetic Designs LLC’s propos ed 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 conducti ng operations for the purpose of motion picture filming (or si milar 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 opera tions 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 UA S to be used for operations under the exemption. For clarification, the FAA cons iders 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 requireme nts, the PIC must accomplish 3 takeoffs and landings in the preceding 90 days (for currency purposes). The FAA finds that at a minimum, the f light-hour requirements in Exemption No. 11062 are appropriate to practi ce and build proficiency in the skills necessary to safely conduct the petitioner’s proposed ope rations. The FAA also finds that prior documented flight experience that was obt ained in compliance with applicable regulations would satisfy this requireme nt. Training, proficiency, and experience building flights can also be conducted under the grant of exemption to accomplish the required flight time. During tr aining, proficiency, and e xperience-building flights the PIC is required to operate the UA with appr opriate distances in accordance with 14 C.F.R 91.119. Exemption No. 11138 at page 15.

Accordingly, Designetic Designs LLC will ensure safe operations by not allowing any PIC to operate the DJI Phantom 3, DJI Inspire 1, and DJI Spreading Wings S900 &

S1000+ UAS unless that PIC has demonstrat ed, by meeting minimum flight-hour and currency requirements, that the PIC is able to safely operate the DJI Phantom 3, DJI Inspire 1, and DJI Spreading Wings S900 & S1000+ UAS in a manner consistent with the exemption, including evasive and emergency maneuvers and maintaining appropriate distances fr om people, vessels, vehi cles 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 establis hed by Section 91.7(a) will be maintained22 because prior to every flight, DESIGNETI C DESIGNS LLC will ensure that the DJI Phantom 3, DJI Inspire 1, and DJI Spreading Wings S900 & S1000+ UAS is in an airworthy condition based upon th e UAS’s compliance with its operating documents and

as stated in the conditi ons and limitations herein. Additionally, the FAA has previously granted relief from Section 91.7(a) specific to UAS, in circumstances similar, in all material respects, to those presented herein (e.g. Exemption Nos. 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110, 11112, 11136, 11138, 11150, 11153, 11156, 11157, 11158, 11159, 11160, 11161).

4. Reasons Why An Exemption From The Requirements Of Section 91.121 Would Not Adversely Affect Safety.

The equivalent level of safety esta blished by Section 91.121 will be maintained

because the altitude information of th e DJI Phantom 3, DJI Inspire 1, and DJI Spreading Wings S900 & S1000+ UAs will be pr ovided to the PIC via GPS equipment and a radio communications telemetry data link, wh ich downlinks from the UA to the GCS for active monitoring of the flight path and altitude. This altitude information, combined with Designetic Designs LLC’s operation of the DJI Phantom 3, DJI Inspire 1, and DJI Spreading Wings S900 & S1000+ UAs within visu al line of sight, at or below 500 feet AGL, will ensure a level of safety equivalent to Section 91.121. The altitude information will be generated by GPS equipment installed onboard the aircraft. Prior to each flight, a zero altitude initiation point is automatically established by the UASs at ground level.

The FAA has previously granted relief from Section 91.121 specific to UAS, in circumstances similar, in all material respects , to those presented herein (e.g. Exemption Nos. 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11112, 11136, 11138, 11150, 11153, 11156, 11157, 11158, 11159, 11160, 11161).

5. Reasons Why An Exemption From The Requirements Of Section 91.151(b) Would Not Adversely Affect Safety.

A grant 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) th e technical specifications of the DJI Phantom 2, DJI Phantom 3, DJI Inspire 1, and DJI Spreading Wings S900 & S1000+ UASs; (2) the limitations on the proposed flight operations; and (3) the location of the proposed flight operations. Accordingly, Designe tic Designs LLC will ensure th at it will safely operate the battery powered DJI Phantom 3, DJI Inspir e 1, and DJI Spreading Wings S900 & S1000+ UAs during daylight hours in VFR conditions, with enough battery power to fly for a total duration of 13.5 minutes to the first point of intended landing and, assuming normal cruising speed, to fly after that for at least 4.5 minutes. Here, as in Exemption No. 11109, the tech nical specifications of the DJI Phantom 3, DJI Inspire 1, and DJI Spreading Wings S900 & S1000+ UASs; the limitations on the proposed flight operations; and the location of th e proposed operations, will ensure an equivalent level of safety established by 14 C.F.R. Section 91.151(b). Furthermore, safety will be ensured as the DJI Phantom 2 and DJI Inspire 1 UASs provide audible and visual warnings to the PIC at the GCS when the UAs experiences low battery voltage, the first warning occurring at appr oximately 33% remaini ng battery power, and23 again at approximately 10% remaining battery powe r. At the critically low battery level, the DJI Phantom and DJI Inspire 1 UASs will descend and land automatically. Significantly, previous exemptions granted by the FAA concerning Section 91.151 establish that safety is not a dversely affected when the techni cal 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. Moreover, the FAA has previous ly granted relief from Section 91.151 specific to UAS, in circumstances similar, in a ll material respects, to those presented herein (e.g. Exemption Nos. 8811, 10808, 10673, 11042, 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110, 11136, 11138, 11150, 11153, 11156, 11157, 11158, 11159, 11160, 11161).

6. Reasons Why An Exemption From Th e 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, Designetic Desi gns LLC submits that the equivalent level of safety with regard to the regulatory main tenance and alteration requirements established by Sections 91.405(a), 91.407(a)(1), 91.409(a)(1 ) & (a)(2), and 91.417(a) & (b) will be met because Designetic Designs LLC will use tr ained technicians to perform maintenance, alterations, or preventive ma intenance on the UASs using the methods, techniques, and practices prescribed in the operating documen ts (i.e., the Designetic Designs LLC Aerial Operations Manual, Monthly Maintenance L og, and DJI Phantom 3, DJI Inspire 1, and DJI Spreading Wings S900 & S1000+ Instru ction Manual). Furthermore, Designetic Designs LLC will document and maintain all maintenance records for the DJI Phantom 3, DJI Inspire 1, and DJI Spreading Wings S900 & S1000+ UASs.

Since the DJI Phantom 3, DJI Inspire 1, and DJI Spreading Wings S900 & S1000+ UASs will be inspected as prescribed by the operating documents, Designetic Designs LLC 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, DJI Inspire 1, and DJI Spreading Wings S900 & S1000+ User Manuals ar e attached hereto as Appendices A, B, C, D, E and F; a copy of the DJI Phantom 2 and DJI Inspire 1 UAS Maintenance LOG is attached hereto as Appendix G. Likewise, the exemption sought will not a dversely affect safety because Designetic Designs LLC will use trained technicians to pe rform maintenance, alterations or preventive maintenance on the UAS using the methods, t echniques, and practices prescribed by the operating documents. Furthermore, the exemption sought would maintain an equivalent level of safety established by Sections 91.407, 91.417(a) and 91.417( b), because all maintenance of the DJI Phantom 2, DJI Phantom 3, DJI Inspire 1, a nd DJI Spreading Wings S900 & S1000+ UASs will be performed by trained technicians. Maintenance will be documented and maintained utilizing the monthly maintenance log. Significantly, previous exemptions granted by the FAA concerning Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b) esta blish that safety is not adversely affected when the technical characte ristics and operating limitations of the UAS are24 considered. In consideration of Designetic Design s LLC’s proposed operating limitations, the operating documents, and the technical aspe cts of the DJI Phantom 3, DJI Inspire 1, and DJI Spreading Wings S900 & S1000+ UASs, Designetic Designs LLC 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 circ umstances similar, in all material respects, to those presented herein (e.g. Exemption Nos. 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110, 11112, 11136, 11138, 11150, 11153, 11156, 11157, 11158, 11159, 11160, 11161).

7. The FAA May Prescribe Any Other Conditions For Safe Operation.

In accordance with Section 333 of the FAA Modernization and Reform Act of 2012 (FMRA) and 14 C.F.R. § 21.16 entitled Sp ecial Conditions, Designetic Designs LLC requests that the FAA prescribe special condit ions for the intended operation of the DJI Phantom 3, DJI Inspire 1, and DJI Spreadi ng Wings S900 & S1000+ UASs, which contain such safety standards that the Administrator fi nds necessary to estab lish a level of safety equivalent to that established by 14 C.F.R. Part 21, Subpart H, a nd 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 fo rth 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 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 prescrib e special conditions pur suant to 14 C.F.R. § 21.16, for operation of the DJI Phantom 3, DJI Inspire 1, and DJI Spreading Wings S900 & S1000+ UASs, since th e 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: If the FAA finds that the airworthiness regul ations of this subchapter do not contain adequate or appropriate safety standards for an aircraft, ai rcraft engine, or propeller because of a novel or unusual design featur e of the aircraft, aircraft engine or propeller, he prescribes special conditions and amendments thereto for the product. The special conditions are issued in accord ance 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 S with Designetic Designs LLC intended operation of the DJI Phantom 3, DJI Inspire 1, an d DJI Spreading Wings S900 & S1000+ UASs, which contain such safety standards that the Administrator finds necessary to establish a level of safety equivalent to that establis hed by 14 C.F.R. Part 21, Subpart H, and 14 C.F.R25 Sections 61.113(a) & (b), 91.7(a), 91. 121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b).

F. A Summary That Can Be Published In The Federal Register, stating: The Rules From Which Designetic Designs LLC Seeks Exemption:

Designetic Designs LLC seeks exemption from the requirements of 14 C.F.R Sections 61.113(a)&(b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a )(1) & (a)(2), and 91.417(a) & (b).

A Brief Description Of The Nature Of The Exemption Designetic Designs LLC

Seeks: This exemption will permit Designetic Designs LLC to commercially operate an Unmanned Aircraft System (U AS) for the purpose of conduc ting aerial video, photography and cinematography including photo and/or vi deo for television, public events, newsgathering, real estate and land surveying over certain areas of the United States. As well as assist with company promotional vi deos and training demonstrations for UAS operations.

G. Any Additional Information, Views, Or Arguments Available To Support Designetic Designs LLC’s Request.

This Petition is made pursuant to th e FAA Modernization and Reform Act of 2012 (FMRA) Section 333, which direct s the Secretary of Transporta tion to determine if certain UAS may operate safely in the NAS. As su ch, Designetic Designs LLC’s request for exemption may be granted pursuant to the authority of FMRA Section 333 and 14 C.F.R. Part 11, as set forth

above. FMRA Section 333 sets forth the requirements for considering whether a UAS will

create a hazard to users of the NAS or the public, or otherwise pose a threat to national security; and further, provides the authority for such UAS to operate without airworthiness

certification. As discussed in detail above, Designetic Designs LLC will operate the DJI Phantom3, DJI Inspire 1, and DJI Spreading Wings S900 & S1000+ UASs safely in the NAS, without creating a hazard to users of the NAS, or the pub lic, or otherwise pose a threat to national security.26 CONCLUSION

As set forth herein, Designetic Desi gns LLC seeks an exemption pursuant to 14 C.F.R. § 11.61 and Section 333 of the F AA Modernization and Reform Act of 2012 (FMRA), which will permit safe operation of the DJI Phantom 3, DJI Inspire 1, and DJI Spreading Wings S900 & S1000+ UASs commercia lly, without an airwor thiness certificate, for the limited purpose of conducting aerial vide o and photography over certain areas of the United States. By granting this Petition, the FAA Administrator will be fulfilling the Congressional mandate of the FAA Moderniza tion and Reform Act of 2012, while also advancing the interests of the public, by a llowing Designetic Designs LLC to safely, efficiently, and economically operate the DJI Phantom 2, DJI Phantom 3, DJI Inspire 1, and DJI Spreading Wings S900 & S1000+ UASs commercially within the NAS.

WHEREFORE , in accordance with the Federal Aviation Regulations and the FAA Modernization and Reform Act of 2012, Sec tion 333, Designetic Designs LLC respectfully requests that the Administrator grant this Peti tion for an exemption from the requirements of 14 C.F.R Sections 61.113(a) & (b), 91.7(a ), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b), and permit Sheldon Devantier to operate the DJI Phantom 3, DJI Inspire 1, and DJI Spreading Wings S900 & S1000+ UASs commercially for the purpose of conducting aerial video and phot ography over certain areas of the United

States.

Dated: January 29th, 2016

Respectfully submitted,

_______________________________

Sheldon S Devantier Designetic Designs LLC (DBA Dragonfly FX)

4223 Canton Crest Dr. Katy, TX 77494 (323) 325-2200 sd@dragonflyfx.com27 Appendices:

A – DJI Phantom 3 Specifications Data Sheet B – DJI Inspire 1 Specifications Data Sheet C – DJI S900 Specifications Data Sheet D – DJI S1000+ Specifications Data Sheet E – DJI A2 Flight Controller Data Sheet

F – DJI Phantom 3 Manufacturer’s User Manual G – DJI Inspire 1 Manufacturer’s User Manual

H – DJI S900 Manufacturer’s User Manual

I – DJI S1000+ Manufacturer’s User Manual

J – DJI A2 FC Manufacturer’s User Manual K – Monthly Maintenance Log

APPENDIX – A

DJI PHANTOM 3 TECHNICAL SPECIFICATIONS

Designetic Designs LLC only utilizes safe and reliable UASs. DJI is an industry leader in small UAS production. DJI UASs are loaded w ith ground breaking software enabling the user to set parameters which will not allow f light into controlled airspace. Parameters can also be set to limit flight to no higher than a predetermined and set altitude as well as limit flight to a predetermined and set distance. In addition, DJI softwa re provides real-time

altitude and location information to the PI C via the linked monitor (smart phone/tablet devices)

1.1 DJI Phantom 3

1.1.1 Aircraft 1.1.1.1 Supported Battery – DJI 5200mAH LiPo Battery 1.1.1.2 Weight (Battery & Propell ers Included) – 2lbs 11.810oz (1242g) 1.1.1.3 Hover Accuracy (Ready to Fl y) – Vertical: .8m; Horizontal: 2.5m 1.1.1.4 Max Yaw Angular Velocity - 200 0 /s 1.1.1.5 Max Tilt Angel - 35 0
1.1.1.6 Max Ascent Speed – 6m/s 1.1.1.7 Max Descent Speed – 2m/s 1.1.1.8 Max Flight Speed – 15m/s (NOT RECOMMENDED)

1.1.2 Gimbal 1.1.2.1 Working Current – Static: 750mA; Dynamic: 900mA 1.1.2.2 Control Accuracy - ±0.03 0
1.1.2.3 Controllable Range – Pitch: -90 0 - 0 0
1.1.2.4 Maximum Angular Speed – Pitch: 90 0 /s2829 APPENDIX – B

DJI INSPIRE 1 TECHNICAL SPECIFICATIONS

Designetic Designs LLC only utilizes safe and reliable UASs. DJI is an industry leader in small UAS production. DJI UASs are loaded w ith ground breaking software enabling the user to set parameters which will not allow f light into controlled airspace. Parameters can also be set to limit flight to no higher than a predetermined and set altitude as well as limit flight to a predetermined and set distance. In addition, DJI softwa re provides real-time

altitude and location information to the PI C via the linked monitor (smart phone/tablet devices)30 2.2 DJI Inspire 1313233 APPENDIX – C

DJI SPREADING WINGS S900 TEC HNICAL SPECIFICATIONS

Designetic Designs LLC only utilizes safe and reliable UASs. DJI is an industry leader in small UAS production. DJI UASs are loaded w ith ground breaking software enabling the user to set parameters which will not allow f light into controlled airspace. Parameters can also be set to limit flight to no higher than a predetermined and set altitude as well as limit flight to a predetermined and set distance. In addition, DJI softwa re provides real-time

altitude and location information to the PI C via the linked monitor (smart phone/tablet devices)3435 APPENDIX – D

DJI SPREADING WINGS S1000+ TECHNICAL SPECIFICATIONS

Designetic Designs LLC only utilizes safe and reliable UASs. DJI is an industry leader in small UAS production. DJI UASs are loaded w ith ground breaking software enabling the user to set parameters which will not allow f light into controlled airspace. Parameters can also be set to limit flight to no higher than a predetermined and set altitude as well as limit flight to a predetermined and set distance. In addition, DJI softwa re provides real-time

altitude and location information to the PI C via the linked monitor (smart phone/tablet devices)3637 APPENDIX – E

DJI A2 FLIGHT CONTROLLER TECHNICAL SPECIFICATIONS (USED AS THE FC FOR DJI SP READING WINGS S900 & S1000+)

Designetic Designs LLC only utilizes safe and reliable UASs. DJI is an industry leader in small UAS production. DJI UASs are loaded w ith ground breaking software enabling the user to set parameters which will not allow f light into controlled airspace. Parameters can also be set to limit flight to no higher than a predetermined and set altitude as well as limit flight to a predetermined and set distance. In addition, DJI softwa re provides real-time

altitude and location information to the PI C via the linked monitor (smart phone/tablet devices)38 APPENDIX – F

DJI Phantom 3 Manufacturer’s User Manual

APPENDIX – G

DJI Inspire 1 Manufacturer’s User Manual

APPENDIX – H

DJI Spreading Wings S900 Manufacturer’s User Manual

APPENDIX – I

DJI Spreading Wings S1000+ Manufacturer’s User Manual

APPENDIX – J

DJI A2 Flight Controller Manufacturer’s User Manual39 APPENDIX – K

MONTHLY MAINTENANCE LOG

UAS:$ Da te I ssu e

Dis c o vere d Da te I ssu e

A dd re ss e d I ssu e D e s cr ip t ion & M ain te nan ce Condu cte d M a i n t e nan ce P er f o rme d B y: (Pr in t & Si g n)

Sof tw a re ( U pda te s)

A i r f r a me

En g in e s

Pr op e ll er s

Ca mer a ( G i m bal)

Landin g ( Ge a r)

Vib r a t ion(Da m p e nin g)

O t h er: