1

UNITED STATES OF AMERI CA DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION WASHINGTON, DC Regulatory

Docket No. _______________
**IN THE MATTER OF THE PETITION FOR EXEMPTION OF: Klein Creative**  **Media , Inc.**  **FOR AN EXEMPTION SEEKING RELIEF FROM THE REQUIREMENTS OF TITLE 14 OF THE CODE OF FEDERAL REGULATIONS SECTIONS**  **21 subpart H,**  **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 COMMERCI**  **AL OPERATION OF THE DJI**  **PHANTOM 3 PROFESSIONAL**  **UNMANNED AIRCRAFT SYSTEM PURSUANT TO SECTION 333 OF**  **THE FAA MODERNIZATION AND REFORM ACT OF 2012 (PUBLIC LAW 112** 
**- 95)**  Submitted on July

28, 2015
**Klein Creative Media**  **1620 Spreckels Lane, Redondo Beach, CA 902 78** 2

**TABLE OF CONTENTS** GLOSSARY OF ABBREVIATIONS 3
SUMMARY 4
IN TRODUCTION AND INTEREST OF PETITIONERS 4
BACKGROUND 5
BASI S FOR PETITION 5
NAME AND ADDRESS OF PETITIONERS 7
THE SPECIFI C SECTIONS OF 14 C.F.R. FROM WHI CH KLE IN CREATIVE MEDIA SEEKS EXEMPTI ON 8
THE EXTENT OF RELIEF KLEIN CREATIVE MEDIA SEEK AND THE REASON KLEI N CREATIVE MEDIA SEEKS THE RELIEF 11 THE REASONS WHY GRANTING REQUEST WOULD BE IN THE PUBLIC IN TEREST 14
THE REASONS WHY GRANTING THE EXEMPTI ON WOULD NOT ADVERSELY AFFECT SAFETY 16
A SUMMARY THAT CAN BE PUBLISHED INTHE FEDERAL REGI STER 28 CONCLUSION 29 APPENDIX 303 **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 Sy stem NOTAM Notice to Airman PI C 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 Sy stem VFR Visual Flight Rules VLOS Visual L ine of Site VMC Visual Meteorological Conditions VTOL Vertical Takeoff and Landing4

**SUMMARY** Marci Klein, owner of Klein Creative Media , seeks exemption from the requirements of 14 C.F.R §§ 21 subpart H, 61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b), to operate an Unmanned Aircraft Sy stem pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (FMRA). This exemption will permit Klein Creative Media to operate an Unmanned Aircraft Sy stem (UAS) for the commercial purpose of conducting aerial video and photograph y to be used in television and web based commercials, educational videos, real estate tours, tourism promotion, and nature awareness over cert ain areas of the United States.
**INTRODUCTION AND INTEREST OF THE PETITIONER** Marci Klein is the owner of Klein Creative Media , located Redondo Beach, California. Klein Creative Media was incorporated October of 2013

. Prior to incorporation, for over 30 years Marci Klein has provided video content for broadcast television clients, business clients, non

- profits and government agencies. She is a member of the Directors Guild of America, the Producer’s Guild of America and has numerous Emmy nominations and an award for her work with the Blind Children’s Center

. Klein Creative has worked on hundreds of videos with an expertise in video marketing, non - profit fundraising videos, city agency videos, commercials, web videos, and kickstarter campaigns . Production s have been all over the United S tates, and in Mexico with a perfect client safety record. In the past we have provided aerial videography from helicopters, both in the US and abroad. The goal of Klein Creative Media is to be able to provide that same perspective for our clients, without the need for a commercial aircraft. With DJIPhantom 3 professional UAV, we have found a more affordable, safer means to deliver high

- quality video to our clients. Klein Creative Media has two contractors who are expe rienced RC pilots with over 40 years experience combined. Marci Klein has 1 ye ar experience and has been in flight school with RotoFX and is also studyi ng with Unmanned Experts. She has flown recreationally

without incident. Klein Creative Media is a ctivel y involved in Leadership Redondo Beach, an Ambassador to the Redondo Beach Chamber and the Manhattan Beach Chamber. She is also a volunteer for the Special Oly mpics Home Town Host program as well as the Parsons Project for Kids to Revamp the Children’s libraries. The objective of Klein Creative Media is to provide high quality imaging for a variety

of commercial and public uses, specificall y targeting :

 Educational Videos
 Safety and Training
 Non Profit fundraising videos
 Environmental Tourism Vid eo
 Real Estate5

 In creasing public knowledge of USA and promote safe UAS Operations
 Creation of commercial messages for television and websites

**BACKGROUND** Unmanned Aircraft Sy stems: DJIPhantom 3, UAS Klein Creative Media seeks an exemption to operate DJ I Phantom 3 sy stem for compensation or hire within the NAS. The DJIP hantom 3 is vertical takeoff and landing (VTOL) Unmanned Aircraft (UA) with a Ground Control Station (GCS) utilizing electronic tablet or smart phone syst ems. The DJIP hantom 3 has a maximum gross weight of approximately

2 .8 lb. while having a diagonal dimension of 23.2”, a maximum speed of approximately

16.4’fps and a maximum flying height of 400'. The DJ I Phantom 3 is equipped with four main rotors; drive n by L ithium Poly

mer battery

p owered electric motors. The DJ I Phantom 3 that will be operated by T he ALTEK MEDIA GROUP 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**
Pet itioner, Marci Klein of Creative Media pursuant to the provisions of the Federal Aviation Regulations (14 C.F.R. § 11.61) and the FAA Modernizati on and Reform Act of 2012 (FMRA), Section 333, Special Rules for Certain Unmanned Aircraft Systems , hereb y petition the Administrator to commerciall y operate the Phantom 3 Professional UAS in the National Airspace S ys tem (NAS), and for an exemption from th e requirements of 14 C.F.R §§ 21 subpart H, 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 operation Klein Creative Media ’s operation of the DJI Phantom 3 Professional UAS meets 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.
Ac cordingl y, Klein Creative Media Media 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 onl y appl y to aircraft with an airworthiness certificate

. Klein Creative Media submits that the requested relief is proper since an equivalent level of safety will be ensured. Klein Creative Media 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 documents (i.e.,6

Monthly Maintenance Log, and DJ I Phantom 3 Pro fessional Instruction Manual). Furthermore , Klein Creative Media will document and maintain all maintenance records for the DJ I Phantom 3 Professional UAS. Relief from certain requirements of Section 61.113(a) and (b), entitled Private pilot privileges and limitations: Pilot in command, is requested by Klein Creative Media to the extent necessary

to allow a Pilot in Command (PIC) holding an airman medical certificate, and who has demonstrated, b y meeting minimum flight

- hour and currency requirements, th at the PIC is able to safel y operate the DJ I Phantom 3 Professional UAS in a manner consistent with this exemption, including evasive and emergency maneuvers and maintaining appropriate distances from people, vessels, vehicles and structures. Klein Creati ve Media seeks relief from Section 91.7(a), entitled Civil aircraft airworthiness , because the DJ I Phantom 3 Professional UAS does not require an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H. As such, Klein Creative Media submi ts that they will ensure that the DJ I Phantom 3 Professional UAS is in an airworth y condition, prior to every flight, b y determining that the UAS are in compliance with the operating documents (i.e., Monthly Maintenance Log, and DJ I Phantom 3 Professional Instruction Manual), and that the aircraft are in a condition for safe flight. Klein Creative Media also seeks an exemption from the requirements of Section 91.121, entitled Altimeter Settings , as the DJ I Phantom 3 Professional UA will not have a typical barometric altimeter onboard. However, altitude information of the DJ I Phantom 3 Professional UA S will be provided to the PI C via Global Positioning System (GPS) equipment and radio communications telemetry data link, which downlinks from the UA to the GC S for active monitoring of the flight path. This altitude information, combined with Klein Creative Media ’s operation of the DJ I Phantom 3 Professional UA S within visual line of sight, at or below 500 feet AGL, will ensure a level of safety equivalent to Section 91.121. Additionally , Klein Creative Media seeks an exemption from the requirements of Section 91.151(b), entitled Fuel requirements for flight in VFR conditions

. Klein Creative Media submits that safety

will not be affected by

operation of the DJ I Phantom 3 Professional UA during daylight hours in visual meteorological conditions (VMC) under visual flight rules (VFR), with enough battery power to fl y for a total duration of approximately 13.5 minutes to the first point of intended landing and, assuming normal cruising speed, to fl y after that for at least 4.5 minutes. In accordance with 14 C.F.R. § 11.81, Klein Creative Media provides the following information in support of their petition for exemption:7



### A. Name and Address Of The Petitioner
Marci Klein Klein Creative Media 1620 Spreckels Lane, Redondo Beach, CA 90278 marci@kleincreativemedia.com8



### B. The Specific Sections Of 14 C.F.R. From Which **Klein Creative**  **Media Seeks Exemption.** 
**1. Klein**  **Creative Media Seeks Exemption From The Requirements Of Section Part**  **21, Subpart H** 14 C.F.R. Part 21, Subpart H, establishes the procedural requirements for the issuance of airworthiness certificates as required b y 14 C.F.R. §91.203(a)(1)
**2. Klein**  **Creative Media Seeks Exemption From The Requirements Of Section**  **61.113(a) and (b).** Sectio n 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 (PI C) of an aircraft that is carrying passengers or property for compensation or hire; nor may that person, for compensation or hire, act as PI C of an aircraft. **(b)** A private pilot may , for compensation or hire, act as PIC of an aircraft in connection with any business or employ

ment if

— **(1)** The flight is only

incidental to that business or employ ment; and **(2)** The aircraft does not carry passengers or property

for compensation or hire.
**3. Klein**  **Creative Media Seeks Exemption From The Requirements Of Section**  **91.7(a).** Section 91.7, entitled civil aircraft airworthiness , subsection (a), states the following: **(a)** No person may

operate a civil aircraft unless it is in an airworthy condition.
**4. Klein**  **Creative Media Seeks Exemption From The Requirements Of Section**  **91.121.** Section 91.121, entitled Altimeter settings, subsection (a), states the following, in part: **(a)** Each person operating an aircraft shall maintain the cruising altitude or flight level of that aircraft, as the case may be, by reference to an altimeter that is set, when ope rating

-- **(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)** Inthe case of an aircraft not equipped with a radio, the elevation of the departure airport or an appropriate altimeter setting available before departure.
**5. Klein**  **Creat ive Media**  **Seeks Exemption From The Requirements Of Section 91.151(b).** 9

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.
**6. Klein**  **Creative Media Seeks Exemption From The R** **equirement Of Section 91.405(a).**  Section 91.405, entitled Maintenance required, subsection (a), states the following: Each owner or operator of an aircraft

— **(a)** Shall have that aircraft inspected as prescribed in subpart E of this part and shall between r equired inspections, except as provided in paragraph (c) of this section, have discrepancies repaired as prescribed in part 43 of this chapter[.]
**7. Klein**  **Creative Media Seeks Exemption From The Requirements Of Section**  **91.407(a)(1)** Section 91.407, entitl ed Operation after maintenance, preventive maintenance, rebuilding, or alteration , subsection (a)(1), states the following: **(a)** No person may

operate any

aircraft that has undergone maintenance, preventive maintenance, rebuilding, or alteration unless

-- **(1 )**  It has been approved for return to service b y a person authorized under § 43.7 of this chapter[.]
**8. Klein**  **Creative Media Seeks Exemption From The Requirements Of Sections**  **91.409(a)(1) And 91.409(a)(2).** Section 91.409, entitled Inspections , subsection (a), states the following: **(a)** Except as provided in paragraph (c) 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 b y 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.
**9. Klein**  **Creative Media Seeks Exemption From The Requi**  **rements Of Sections 91.417(a) And 91.417(b).**  Section 91.417, entitled Maintenance records , subsections (a) and (b), state the following: (a) Except for work performed in accordance with §§ 91.411 and 91.413, each registered owner or operator shall keep the following records for the periods specified in paragraph (b) of this section:10

(1) Records of the maintenance, preventive maintenance, and alteration and records of the 100

- hour, annual, progressive, and other required or approved inspections, as approp riate, for each aircraft (including the airframe) and each engine, propeller, rotor, and appliance of an aircraft. The records must include

--

(i) A description (or reference to data acceptable to the Administrator) of the work performed; and (ii) The dat e of completion of the work performed; and (iii) The signature, and certificate 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 each 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 sp ecified time basis. (iv) The current inspection status of the aircraft, including the time since the last inspection required b y the inspection program under which the aircraft and its appliances are maintained. (v) The current status of applicable airworthiness directives (AD) and safety directives including, for each, the method of compliance, the AD or safety directive number and revision date. If the AD or safety directive involves recurring action, the time and date when the next action is required. (v i) Copies of the forms prescribed b y § 43.9(d) of this chapter for each major alteration to the airframe and currently installed engines, rotors, propellers, and appliances. (b) The owner or operator shall retain the following records for the periods presc ribed: (1) The records specified in paragraph (a)(1) of this section shall be retained until the work is repeated or superseded b y 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 registered 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.11



### C. The Extent Of Relief **Klein Creative Media**  **Seeks And The Reason Klein**  **Creative Media Seek** **s The Relief.**
**1. Klein**  **Creative Media Seeks Exemption From The Requirements Of Section Part**  **21, Subpart H** Given the size and limited operating area associated with the UAS to be utilized by the Klein Creative Media , an exemption from Part 21 Subpart H meets the requirements of an equivalent level of safety under Part 11 and Section 333 of the Reform Act. The Federal Aviation Act (49 U.S.C.§ 44701(f)) and Section 333 of the Reform Act both authorize the FAA to exempt aircraft from the requirement for an airworthiness certificate, upon consideration of the size, weight, speed, operational capability , and pro ximity to airports and populated areas of the particular UAS. In all cases, an anal ys is of these criteria demonstrates that the UAS operated without an airworthiness certificate, in the restricted environment and under the conditions proposed will be at l east as safe, or safer, than a conventional rotorcraft operating with an airworthiness certificate without the restrictions and conditions of the proposed UAS operations.
**2. Extent Of Relief Klein**  **Creative Media Seeks And The Reason**  **Klein Creative**  **Media S**  **eeks 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 valid airman medical certificate, and wh o 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 comp ensation or hire, act as PIC of an aircraft in connection with any business or employ

ment if: (1) The flight is only incidental to that business or employ ment; and (2) The aircraft does not carry passengers or property

for compensation or hire. As set forth more full y below, Klein Creative Media submits that an equivalent level of safety will be maintained because no PIC will be allowed to operate the DJ I Phantom 3 Professional UAS unless that PI C has met certain flight

- hour and currency requirements, dem onstrating that the PIC is able to safel y operate the DJ I Phantom 3 Professional UAS in a manner consistent with the operations specifications as described in this exemption, including evasive and emergency maneuvers, as well as maintaining appropriate di stances from people, vessels, vehicles and structures. Further, Klein Creative Media submits that all flights of the DJ I Phantom 3 Professional UAS, conducted b y the PIC pursuant to the grant of this Petition: (1) will be incidental to12

Klein Creative Media ’s business; and (2) will not carry passengers or property

for compensation or hire.

**3. Extent Of Relief Klein**  **Creative Media Seeks And The Reason**  **Klein Creative**  **Media 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 Klein Creative Media to determine that the DJ I Phantom 3 Professional UAS are in airworth y condition prior to every flight by ensuring that the UAS is in compliance with the operating docum ents (i.e., the Monthly Maintenance Log, and DJ I Phantom 3 Professional Instruction Manual). Klein Creative Media seeks the requested relief because the DJ I Phantom 3 Professional UA does not require an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H. Therefore, Klein Creative Media will ensure that the DJ I Phantom 3 Professional UAS is in airworth y condition based upon its compliance with the operating do cuments (i.e., Monthly Maintenance Lo g, and DJI Phantom 3 Professional In struction Manual) prior to every

flight, and further, determine that the aircraft are in condition for safe flight, as stated in the conditions and limitations below.
**4. Extent Of Re lief**  **Klein Creative Media**  **Seeks And The Reason Klein**  **Creative Media**  **Seeks Relief From Section 91.121.** Relief from Section 91.121, entitled Altimeter settings, may be required to allow flight operations of the DJ I Phantom 3 Professional UAS, which utilize a barometric pressure sensor, GPS equipment, and a radio communications telemetry data link to downlink altitude information from the UA to the PI C at the ground control station (GCS). Since the FAA requires that any altitude information concerning UAS op erations be reported to air traffic control (ATC) in feet above ground level (AGL), Klein Creative Media seeks the requested relief because the DJ I Phantom 3 Professional UA’s altimeter may be set on the ground to zero feet AGL , rather than the local barom etric 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 comply

with the applicable conditions and limitations stated below. As more f

ully set forth herein, an equivalent level of safety will be maintained since the DJ I Phantom 3 Professional UA S is equipped with a barometric pressure sensor and GPS equipment, which automatically ensures that a ground level pressure setting will be estab lished prior to each flight, and provides the PIC with altitude information of the UA on the heads

- up display of the GCS.13

**5. Extent Of Relief Klein**  **Creative Media Seeks And The Reason**  **Klein Creative**  **Media 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 DJ I Phantom 3 Professional UA during daylight hours in visual meteorological conditions (VMC) , under visual flight rules (VFR), 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. Klein Creative Media seeks the requested relief because without an exemption from Section 91.151(b), the flight time duration of the battery powered DJ I Phantom 3 Professional UA S will severel y constrain the practicality of any aerial video or still photo flight operations that Klein Creative Media proposes to conduct pursuant to this Petition. Significantl y, as set forth below, the technical specifications of the DJ I Phantom 3 Professional UAS, the DJI Phantom 3 Professional operating documents, and Klein Creative Media ’s proposed operating limitations, ensure that Kle in Creative Media will safel y operate the battery powered DJ I Phantom 3 Professional UA 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 13.5 minutes to the first point of intended landing and, assuming normal cruising speed, to fl y afte r that for at least 4.5 minutes.
**6. Extent Of Relief Klein**  **Creative Media Seeks And The Reason**  **Klein Creative**  **Media 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) onl y apply to aircraft with an airworthiness certificate, Klein Creative Media requests relief from these Sections because the DJ I Phantom 3 Professional UAS does not require an airworthiness certificate. As set fo rth more full y below, the DJ I Phantom 3 Professional UAS meets the conditions of FMRA Section 333 for operation without an airworthiness certificate. Accordingl y, Klein Creative Media will use trained technicians to perform maintenance, alterations, or preventive maintenance on the UAS using the methods, techniques, and practices prescribed in the UAS operating documents (i.e., Monthly Maintenance Lo g, and DJI Phantom 3 Professional In struction Manual). Furthermore, Klein Creative Media will document and m aintain all maintenance records for the DJ I Phantom 3 Professional UAS.14



### D. The Reasons Why Granting **Klein Creative Media**  **’s Request Would Be In The Public Interest; or How It Would Benefit The Public As A**  **Whole.** Granting the present petition will further the public interest b y allowing Klein Creative Media to safel y, efficiently , and economicall y perform aerial video and photograph y of wilderness, real estate, and landscapes over certain areas of the United States

. Furthermore, it will benefit the public as a whole by increasing awareness tourism, and stimulating the econom y of a highl y tourism dependent area. Additionally , use of the DJ I Phantom 3 Professional UAS will decrease congestion of the NAS, and reduce p ollution. Notably , the benefits of Klein Creative Media ’s proposed operation of the DJI Phantom 3 Professional UAS will be realized without implicating any privacy issues. **1. The Public Will Benefit From Decreased Congestion Of The NAS.** The DJ I Phantom 3 Professional UAs are battery 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 ex emption allowing the use of a DJI Phantom 3 Professional UAS 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, b y reducing the number of manned aircraft operating in the NAS, congestion around airports caused b y arriving and departing aircraft will be reduced. The DJI Phantom 3 Professional UA S do not require an airport to takeoff or land. L ikewise, a reduction of manned airc raft conducting aerial video and photography missions would result in fewer aircraft that must be handled b y 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**  **Professional UAS.**  Conducting aerial acquisitions with the DJI Phantom 3 Professional UAS, instead of manned aircraft, will greatly benefit the public by drasticall y reducing the levels of air and noise pollution generated during traditional aerial video and still photography flight operations. By

using battery

power and electric motors, the DJ I Phantom 3 Professional UAS produces no air pollution, and is the most viable environmentall y conscious alternative to the cabin class, six cylinder internal combustion engine aircraft that are ty picall y utilized for aerial video and photography, whi le burning approximately 20

- 30 gallons per hour of leaded aviation fuel. The DJ I Phantom 3 Professional UA, while reducing the carbon footprint of aerial acquisitions, also eliminates noise pollution, as the UAs are propelled b y battery powered electric mo tors, rather than an internal combustion engine. By u sing the DJ I Phantom 3 Professional UAS to perform aerial acquisitions, the substantial risk to life and property in the air and on the ground, which is usuall y15

associated with traditional manned aircraft flight operations, will be substantially reduced or completel y eliminated. Aside from the lack of flight crew members located onboard the aircraft, the DJ I Phantom 3 Professional UA S (weighing approximately 2.8 pounds at their maximum gross weight wi th diagonal dimension of 23.2 inches, and with no fuel on board), has less phy sical potential for collateral damage to life and property o n the ground, and in the air, compared to the manned aircraft that ty pically c onduct similar operations (weighing approximately 6 ,000 pounds with a wingspan of approximately 4 2 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**  **Professional UAS Will Benefit The Economy.**  In addition to being safe and efficient, the DJ I Phantom 3 Professional UAS is also an economical alternative to using manned aircraft to conduct similar aerial operations. As such, operation of the DJI Phantom 3 Professional UAS will allow United States based companies, like Klein Creative Media , to remain competitive and contribute to growth of the U.S. econom y. Specifically, with the rising cost of aviation fuel and the Environmental Protection Agency (“EPA”) regulatory

act ions phasing out leaded aviation fuels, U.S. owned and operated companies must adopt new and alternative technology

in order to remain competitive. Operating the battery powered DJI Phantom 3 Professional UAS is one such technology that not only

allows companies greater operational flexibility

compared to manned aircraft, but provides such flexibility without the high operational cost of a traditional manned aircraft. By operating the DJ I Phantom 3 Professional UAS, companies such Klein Creative Media , can remain competitive and profitable, and therefore, provide greater job stability to employees and contractors, which will ultimately contribute to growth of the U.S. econom y. Improved financial performance of U.S. companies, through commercial use of the D JI Phantom 3 Professional UAS, provides a stable workforce that increases consumer spending; improves local, state, and federal tax revenues; and allows companies to invest in research and development in order to remain competitive both in the United State s and abroad. Additionally , by

allowing operation of the DJ I Phantom 3 Professional , Klein Creative Media will be able to more easil y work with local and state tourism agencies to showcase the beauty and wildness of a very tourism based economy, therefor improving the econom y of both state and local businesses. **4. There Are No Privacy Issues.** Similar to the manned aerial acquisition flight operations that have been conducted for decades, Klein Creative Media ’s proposed operation of the DJ I Phantom 3 Prof essional UAS will not implicate any privacy issues. Specifically , the DJI Phantom 3 Professional UAS will be operated only in compliance with operating documents (i.e., Monthly Maintenance Lo g, and DJI Phantom 3 Professional In struction Manual), which re quires property owner involvement as well as local law enforcement notification, and in16

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 No **t Adversely Affect Safety, Or How The Exemption Would Provide A Level Of**  **Safety At Least Equal To That Provided By The Rule From Which Klein**  **Creative Media Seek** **s Exemption. 1. Reasons Why The DJI**  **Phantom 3 Professional**  **UA Meets 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, Klein Creative Media s’s operation of the DJ I Phantom 3 Professional UAS meets 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 without airworthiness ce rtification and sets forth 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. Specificall y, FMRA Section 333 states the following, in part: (a ) In General. N

otwithstanding any other requirement of this subtitle, 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 sys tem 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 Secretary shall d etermine, at a minimum (1 ) which types of unmanned aircraft 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 under paragraph (1). (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 of such aircraft systems in the national airspace system. In seeking this exemption, Klein Creative Media submits that the DJ I Phantom 3 Professional UAS can operate safel y in the NAS pur suant to FMRA Section 333, as demonstrated b y: (a) the characteristics of the DJ I Phantom 3 Professional UAS; (b) the pilot certification requirement; and (c) the specific operating limitations.17

**a. The Specifications Of The DJI Phantom 3**  **Professional UAS Demonstrates Its**  **Safe Characteristics.** The DJ I Phantom 3 Professional UAS does 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 Professional**  **UAS.** The technical specifications of the DJ I Phantom 3 Professional UAS are set forth by the DJI Phantom 3 Professional Specifications and Data Sheet.
**ii. The DJI Phantom 3 Professional**  **UAS Aut onomous Flight And Navigation**  **Modes Enable The UAS To Remain Within A Defined Operational Area.** The DJ I Phantom 3 Professional UAS may be operated in both manual and fully autonomous flight modes. A complete description of the flight and navigational modes of the DJ I Phantom 3 Professional UAS is provided at pages 12

- 16 and 45

- 50 of the DJ I Phantom 3 Professional User Manual, attached hereto as Exhibit B.
**iii. The DJI Phantom 3**  **Professional UAS Is Designed For Automatic Return To**  **Home Point Or Hover In The Event Of Loss Of The Control Link Or Navigation.**  When the Control L ink is lost, the DJI Phantom 3 Professional UA will remain stationary , in flight, for 3 seconds or more. If, after 3 seconds, DJ I Phantom 3 Professional UA do not reacquire control link data from the GCS, the UA will assume that the Control L ink is lost and the UA 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 DJ I Phantom 3 Professional UAS are set forth at pages 13 through 15 of the DJ I Phantom 3 Professional User Manual, attached hereto as Exhibit A.
**iv. The DJI Phantom 3**  **Professional GCS And Its Operation.**  A complete description of the operation and specifications of the DJ I Phantom 3 Professional GCS and flight control software is provided at pages 40 through 47 of the DJI Phantom 3 Professional User Manual. DJ I Phantom 3 Professional User Manual is attached hereto as Exhibit A. **b. Flight Operations Of DJI Phantom 3**  **Professional UAS is Limited To The Line Of**  **Sight Of A Certificated Pilot in Command With A Safety Observer.** Klein Creative Media will only

utilize certificated pilots to act as a pilot in command (PI C) of the DJ I Phantom 3 Professional UAS. Ad ditionally , a safety observer will assist all pilots during flight time. **c. Flights Of The DJI Phantom 3**  **Professional UAS Will Be Conducted Pursuant To**  **Specific Operating Limitations.**18

In seeking this exemption, Klein Creative Media proposes to commercial ly operate the DJI Phantom 3 Professional UAS for the special purpose of conducting aerial video and photograph y 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: DJ I Phantom 3 Professional Unmanned Aircraft Sy stems. Proposed operations of any other aircraft will require a new petition or a petition to amend this grant. 2. UAS operations under this exemption will be limited to conducting operations for the purpose of aerial video and photography

. 3. The 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 b y the procedures specified in the operating documents unless a special request is made and approv ed b y 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 PI C at all times. This requires the PIC to be able to use human vision unaided b y an y device other than corrective lenses, as specified on the PI C’s FAA

- issued airman medical certificate. 6. The use of first person view (FPV) b y the PI C or safety observer (SO) is not permitted. 7. All operations must utilize a safety observer (SO). The SO may be used to satisfy the VLOS requ irement as long as the PIC alway s maintains VL OS capability . The SO and PI C must be able to communicate verbally at all times. Electronic messaging or texting is not permitted during flight operations. The PI C must be designated before the flight and canno t 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 assisting the PI C with seeing and avoiding other air traffic and other ground based obstacles/obstructions and is not permitted to operate the camera or other instruments. 9. The operating documents and the grant of exemption must be accessible during UAS operations and made available to the Administrator upon request. If a discrepancy exists between the conditions and limitations contained in the grant of exemption and the procedures outlined in the operating documents, the conditions and limitations contained in the grant of exemption take precedence and must be followed. Otherwise, the operator must follow the procedures as outlined in its operating documents. The operator may update or revise its operating documents. It is the operator’s responsibility to track such19

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 (AF S

- 80) may be contacted if questions arise regarding updates or revisions to the operating documents.

10. Prior to each flight the PI C must inspect the UAS to ensure that it is in a condition for safe flight. If the inspection reveals a condition that aff ects 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. The Ground Control Station must be included in the preflight inspection. All maintenance and alterations must be properl y documented in the aircraft records. 11. Any UAS that has undergone maintenance or alterations that affect the UAS operation or flight characteristics, e.g. replacement of a flight critical component, must undergo a functional test flight. The PIC who conducts the functional test flight must make an entry

in the aircraft records. 12. The pre

- flight inspection must account for all potential discrepancies, e.g. inoperable components, items, or equipment, not already covered in the relevant sections of the operating documents. 13. The operator must follow the UAS manufacturer’s aircraft/component, maintenance, overhaul, replacement, inspection, and life limit requirements. 14. The operator must carry out its maintenance, inspections, and record keeping requirements, in accordance with the operating documents. Maintenance, inspection, alterations, and status 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 authorized 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 discovered between inspections. 17. The PI C must meet possess at least a current medical certificate. 18. The operator may

not permit any

PIC to operate unless the PI C meets the operator’s qualification criteria and demonstrates the ability to safel y 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,20

vehicles and structures. PIC qualification flight hours must be logged in a manner consistent with 14 C.F.R. § 61.51(b). Flights for the purposes of training the operator’s PI Cs are permitted under the terms of the exemption. However, training operations may only be conducted during dedicated training sessions. During training, proficiency , and experience

- building flights, all persons not essential for flight operations are considered non - participants, and the PI C must operate the UA with appropriate distance from nonparticipants in accordance 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 at 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 chart unless a letter of agreement with that airport’s management is obtained, and the operation is conducted in accordance with a NOTAM as required by the operator’s COA. The letter of agreement wi th the airport management must be made available to the Administrator 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 PI C.
22 . If the UA loses communications or loses its GPS signal, it must return to a pre

determined location within the planned operating area and land or be recovered in accordance with the operating documents. 23. The PI C must abort the flight in the event of unpredicted obstacles or emergencies in accordance with the operating documents. 24. The PI C is prohibited from beginning a flight unless (considering wind and forecast weather conditions) there is enough power to fl y atnormal cruising speed to the inten ded 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 CO A 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 in cluding class of airspace, altitude level and potential transponder requirements. 26. All aircraft operated in accordance with the exemption must be identified by serial number, registered in accordance with 14 C.F.R. part 47, and have identification (N

Number) markings in accordance with 14 C.F.R. part 45, Subpart C. Markings must be as large as practicable.21

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 PI C 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. The UA must remain clear and yi eld the right of way to all manned aviation operations and activities at all times. 30. The UAS may

not be operated b y the PIC from any moving device or vehicle. 31. Flight operations must be conducted at least 500 feet from all nonparticipating persons (persons other than the PI C, SO, operator trainees or essential persons), vessels, vehicles, and structures unless: a. Barriers or structures are present that sufficiently protect nonparticipating persons from the UA and/or debris in the event of an accident. The operator must ensure that nonparticipating persons remain under such protection. I f a situation arises where nonparticipating persons 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 PI C has made a safety assessment of the risk of operating closer to those objects and determined that it does not present an undue hazard, and; c. Operations nearer to the PI C, SO, operator trainees or essential persons do not present an undue hazard to those persons per § 91.119(a). 32. All operation s 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 that transgresses the lateral or vertical boundaries of the operational area as defined b y the applicable COA must be reported to the FAA's UAS Integration Office (AFS

- 80) within 24 hours. Accidents must b e reported to the National Transportation Safety Board (NTSB) per instructions contained on the NTSB Web site: www.ntsb.gov

. **2. Reasons Why An Exemption From The Requirements Of Section 21 Subpart H Would Not Adversely Affect Safety.** 22

Klein Creative Media submits that the equivalent level of safety established by

Section 61.113(a) and (b) will be maintained because The UAS to be operated hereunder weighs less than 55 lbs. fully

loaded, carries neither a pilot nor passenger, carries no explosive materials or flammable liquid fuels, and operates exclusively within a secured area. Unlike other civil aircraft, the proposed operations in this petition for exemption will be controlled and monitored by the operator, pursuant to the Manual's requirements

. These safety enhancements, which already appl y to civil aircraft operated in connection with existing inspection operations, provide a greater degree of safety to the public and property owners than conventional operations conducted with airworthiness c ertificates issued under 14 C.F.R. Part 21, Subpart H. Lastl y, application of these same criteria demonstrates that there is no credible threat to national security posed b y the UAS, due to its size, speed of operation, location of operation, lack of explo sive materials or flammable liquid fuels, and inability to carry a substantial external load. **3. Reasons Why An Exemption From The Requirements Of Section 61.113(a) And (b) Would Not Adversely Affect Safety.**  Klein Creative Media submits that the equivale nt level of safety established by

Section 61.113(a) and (b) will be maintained because no PIC will be allowed to operate the DJ I Phantom 3 Professional UAS unless that PI C has demonstrated, by meeting minimum flight

- hour and currency

requirements, that the PIC is able to safel y operate the DJ I Phantom 3 Professional UAS in a manner consistent with the exemption, including evasive and emergency

maneuvers and maintaining appropriate distances from people, vessels, vehicles and structures. Considering Klein C reative Media ’s 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 ski lls necessary to safel y operate the DJ I Phantom 3 Professional UAS, Klein Creative Media submits that the additional manned airmanship experience of a commerciall y certificated pilot would not correlate to the airmanship skills necessary for Klein Creative Media ’s 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, 110 65, 11066, 11067, 11080, 11109, 11110, 11112, 11136, 11138, 11150, 11153, 11156, 11158, 11159, 11160, 11161). Klein Creative Media will not allow any PIC to operate the DJ I Phantom 3 Professional UAS unless that PI C has demonstrated, by meeting minimum fl ight

- hour requirements or the DJ I Phantom 3 Professional UAS training and currency requirements, that the PI C is able to safel y operate the DJI Phantom 3 Professional UAS in a manner consistent with this exemption, including evasive and23

emergency

maneuver s and maintaining appropriate distances from people, vessels, vehicles and structures. Specificall y, the PI C 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 hours 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 PI C must accomplish 3 takeoffs and landings in the preceding 90 day s (for currenc y 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 Klein Creative Media ’s proposed operations. The Admi nistrator 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 p urpose of motion picture filming (or similar operations), the PI C 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 including at least 10 hours logged as a UAS pilot with a multi

- rotor UAS. Prior to operations under Exemption No. 11062, the PI C 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 operations under the exemption. For clarification, the FAA considers these minimum hour requirements to be inclusive rather than additive; i.e. 5 hours make and model time may be included in the 10 hours 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 day s (for currency

purposes). The FAA finds that at a minimum, the flight

- hour requirements in Exemption No. 11062 are appropriate to practice and build proficien cy in the skills necessary

to safely conduct the petitioner’s proposed operations. The FAA also finds that prior documented flight experience that was obtained in compliance with applicable regulations would satisfy this requirement. Training, proficiency, and experience

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

- building flights the PI C is required to operate the UA with appropriate distances in ac cordance with 14 C.F.R 91.119. Exemption No. 11138 at page 15. Accordingl y, Klein Creative Media will ensure safe operations b y not allowing any P IC to operate the DJ I Phantom 3 Professional UAS unless that PI C has demonstrated, by meeting minimum flight

- hour and currency requirements, that the PI C is able to safel y operate the DJ I Phantom 3 Professional UAS in a manner consistent with the exemption, including evasive and emergency maneuvers and maintaining appropriate distances from people, vessels, vehicles and structures. **4. Reasons Why An Exemption From The Requirements Of Section 91.7(a) Would**24

**Not Adversely Affect Safety.** The equivalent level of safety established b y Section 91.7(a) wi ll be maintained because prior to every

flight, Klein Creative Media will ensure that the DJ I Phantom 3 Professional UAS is in an airworth y condition based upon the UAS’s compliance with its operating documents and as stated in the conditions and limitatio ns 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). **5. Reasons Why An Exemption From The Requirements Of Section 91.121 Would Not Adversely Affect Safety.**  The equivalent level of safety established b y Section 91.121 will be maintained because the altitude information of the DJ I Phantom 3 Professional U A will be provided to the PI C via GPS equipment and a radio communications telemetry data link, which downlinks from the UA to the GCS for active monitoring of the flight p ath and altitude. This altitude information, combined with Klein Creative Media ’s operation of the DJ I Phantom 3 Professional U A within visual line of sight, at or below 500 feet AGL , will ensure a level of safety equivalent to Section 91.121. The altitud e information will be generated b y 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). **6. 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. Se ction 91.151(b) as a result of (1) the technical specifications of the DJ I Phantom 3 Professional UAS; (2) the limitations on the proposed flight operations; and (3) the location of the proposed flight operations. Accordingl y, Klein Creative Media will ens ure that it will safely

operate the battery

powered DJ I Phantom 3 Professional U A 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 cr uising speed, to fly after that for at least 4.5 minutes. Here, as in Exemption No. 11109, the technical specifications of the DJ I Phantom 3 Professional UAS; 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 the DJ I Phantom 325

Professional UAS provides audible and visual warnings to the PI C at the GCS when the UA experiences low battery v oltage, the first warning occurring at approximately 33% remaining battery

power, and again at approximately 10% remaining battery

power. At the criticall y low battery level, the DJ I Phantom 3 Professional UAS will descend and land automatically

. Significantl y, previous exemptions granted b y the FAA concerning Section 91.151 establish that safety is not adversel y affected when the technical characteristics and operating limitations of the UAS are considered. Relief has been granted for manned aircr aft to operate at less than the minimums prescribed in Section 91.151, including Exemption Nos. 2689, 5745, and 10650. Moreover, the FAA has previously granted relief from Section 91.151 specific to UAS, in circumstances similar, in all material respects, to those presented herein (e.g. Exemption Nos. 8811, 10808, 10673, 11042, 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110, 11136, 11138, 11150, 11153, 11156, 11157, 11158, 11159, 11160, 11161). **7. Reasons Why An Exemption From The Requiremen ts Of Sections91.405(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, Klein Creative Media 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 91.417(a) & (b) will be met because Klein Creative Media 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. Operations Manual, Monthly Maintenance Lo g, and DJI Phantom 3 Professional In struction Manual). Furthermore, Klein Creative Media will document and maintain all maintenance records for the DJ I Phantom 3 Professional UAS. Since the DJ I Phantom 3 Professional UAS will be inspected as prescribed by the operating documents, Klein Creative Media will maintain the equivalent level of safety established by

Sections 91.405 (a), 91.409(a)(1), and 91.409(a)(2). A cop y of the DJ I Phantom 3 Professional User Manual is attached hereto as Exhibit C and D; a cop y of the DJI Phantom 3 Professional UAS Maintenance LOG is attached hereto as Exhibit C. Likewise, the exemption sought w ill not adversel y affect safety because Klein Creative Media 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. Furtherm ore, 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 3 Professional UAS will be performed by trained technicians. Maintenance will be documented and maintained utilizing the monthly maintenance log. Previous exemptions granted b y the FAA concerning Sections 91.405(a), 91.407(a)(1),26

91.409(a)(1) & (a)(2), and 91.417(a) & (b) establish that safety is not adversely affected when the technical c haracteristics and operating limitations of the UAS are considered. In consideration of Klein Creative Media proposed operating limitations, the operating documents, and the technical aspects of the DJ I Phantom 3 Professional UAS, Klein Creative Media subm its that safety will not be adversel y affected b y 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 mat erial 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). **8. The FAA May Prescribe Any Other Conditions For S afe 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, Klein Creative Media requests that the FAA prescribe special conditions for the intended operation of the DJ I Phantom 3 Professional UAS, which contain such safety standards that the Administrator finds necessary

to establish a level of safety equivalent to that established b y 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 cond ucting 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, 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 Administrato r may prescribe special conditions pursuant to 14 C.F.R. § 21.16, for operation of the DJ I Phantom 3 Professional UAS, since the airworthiness regulations of 14 C.F.R. Part 21 do not contain adequate or appropriate safety standards, due to the novel or unu sual design features of the aircraft. Section 21.16, entitled Special Conditions, states the following: If the FAA finds that the airworthiness regulations of this subchapter do not contain adequate or appropriate safety standards for an aircraft, aircraf t engine, or propeller 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 Klein Creative Media intended operation of the DJ I Phantom 3 Professional27

UAS, which contain such safety standards that the Administrator finds necessary to establish a leve l of safety equivalent to that established by 14 C.F.R. Part 21, Subpart H, and 14 C.F.R Sections 61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b).



### F. **A Summary That Can Be Published In The Federal Register, stating:**  **The Rules From Which Klein**  **Creative Media Seeks Exemption:**  Klein Creative Media seeks exemption from the requirements of 14 C.F.R Sections 21 Subpart H, 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 Exemptions Klein**  **Creative Media Seeks:**  This exemption will permit Klein Creative Media to commercially operate an Unmanned Aircraft System (UAS) for the purpose of conducting aerial video and photography over certain areas of the United States. **Any Additional Information, Views, Or Arguments Available To Support Klein**  **Creative Media Request.**  This Petition is made pursuant to the FAA Modernization and Reform Act of 2012 (FMRA) Section 333, which directs the Secretary of Transportation to determine if certain UAS may

operate safel y in the NAS. As such, Klein Creative Media ’s request for exemption may

be granted purs uant 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 s ecurity; and further, provides the authority for such UAS to operate without airworthiness certification. As discussed in detail above, Klein Creative Media will operate the DJ I Phantom 3 Professional UAS safel y in the NAS, without creating a hazard to users of the NAS, or the public, or otherwise pose a threat to national security.28

**CONCLUSION** As set forth herein, Klein Creative Media 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 DJ I Phantom 3 Professional UAS commercially , without an airworthiness certificate, for the limited purpose of conducting aerial video and photograph y over certain areas of the United States. By granting this Petition, the FAA Administrator will be fulfilling the Congressional mandate of the FAA Modernization and Reform Act of 2012, while also advancing the interests of the public, by allowing Klein Creative Media to safely , efficiently , and economically operate the DJ I Phantom 3 Professional UASs commerciall y within the NAS.
**I** n accordance with the Federal Aviation Regulations and the FAA Modernization and Reform Act of 2012, Section 333, Klein Creative Media resp ectfull y requests that the Administrator grant this Petition for an exemption from the requirements of 14 C.F.R Sections 21 Subpart H, 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 per mit Klein Creative Media to operate the DJ I Phantom 3 Professional UASs commerciall y for the purpose of conducting aerial video and photograph y over certain areas of the United States. Dated: July

28, 2015 Respectfully , Marci Klein Klein Creative Media 1620 Spreckels Lane, Redondo Beach, CA 90278 (310)990

- 412029

Appendices: A

– DJ I Phantom 3 Professional Specifications Data Sheet
APPENDIX

– A
**DJI PHANTOM 3**  **PROFESSIONAL TECHNICAL SPECIFICATIONS**  Klein Creative Media only utilizes safe and reliable UASs. DJ I is an industry leader in small UAS production. DJIUASs are loaded with ground breaking software enabling the user to set parameters which will not allow flight into controlled airspace. Parameters can also be set to limit flight to no higher than a predetermined and set altitude as well as limit flight to a predetermined and set distance. In addition, DJIsoftware provides real

time altitude and location information to the PI C via the linked monitor (smart phone/t ablet devices)
2.2 DJI Phantom 3 Professional 2.2.1 Aircraft 2.2.1.1 Model

– T600 2.2.1.2 Weight (Battery

Included)

– 6lbs 7.5291oz (2935g) 2.2.1.3 Hovering Accuracy (GPS Mode)

– Vertical: 0.5m; Horizontal: 2.5m 2.2.1.4 Max Angular Velocity

– Pitch: 3000 /s; Yaw: 1500/s 2.2.1.5 Max Tilt Angle

- 350 2.2.1.6 Max Ascent Speed

– 5m/s 2.2.1.7 Max Descent Speed

– 4m/s 2.2.1.8 Max Speed

– 22m/s (ATTI mode, no wind

– NOT RECOMMENDED) 2.2.1.9 Max Flight Altitude

– 4500m 2.2.1.10 Max Wind Resistance

– 10m/s 2.2.1.11 Max Flight Time

– Approximately 18 minutes 2.2.1.12 Motor Model

– DJI3510 2.2.1.13 Propeller Model

– DJI1345 2.2.1.14 Operating Temperature Range

– 140F to 1040F (

- 100C to 400C) 2.2.1.15 Dimensions

– 17 1

⁄4” x 17 3⁄4” x 12” 2.2.2 Gimbal 2.2.2.1 Model

– ZENMUSE X3 2.2.2.2 Output Power (with camera)

– Static: 9W; In Motion: 11W 2.2.2.3 Operating Current

– Static: 750mA; In Motion: 900mA 2.2.2.4 Angular Vibration Range

- ±0.030 2.2.2.5 Mounting

– Detachable 2.2.2.6 Controllable Range

– Pitch:

- 900to +300; P an: ±3200 2.2.2.7 Mechanical Range

– Pitch:

- 1250to 450; Pan: ±3300 2.2.2.8 Max Controllable Speed

– Pitch: 1200/s; Pan: 1800/s 2.2.3 Camera 2.2.3.1 Name

– X3 2.2.3.2 Model

– FC350 2.2.3.3 Total Pixels

– 12.76M 2.2.3.4 Effective Pixels

– 12.4M 2.2.3.5 Imag e Max Size

– 4000x3000 2.2.3.6 I SO Range

– 100

- 320030

2.2.3.7 Field of View

- 940 2.2.3.8 CMOS

– Sony

EXMOR 1/2.3” 2.2.3.9 HD Video Recording

– UHD(4K): 4096x2160p24/25, 3840x2160p24/25/30; FHD: 1920x1080p24/25/30/48/50/60; HD: 1280x720p24/25/30/48/50/60
2. 2.3.10 Operating Temperature Range

- 320F

- 1040F (00C

- 400C) 2.2.4 Transmitter 2.2.4.1 Name

– C1 2.2.4.2 Operating Frequency

– 5.728

- 5.850GHz; 2.400

- 2.483GHz 2.2.4.3 Communicating Distance (unobstructed)

– 2000m 2.2.4.4 Output Power

– 9W 2.2.4.5 Operati ng Temperature Range

- 140F to 1040F (

- 100C to 400C) 2.2.4.6 Battery

– 600mAh L iPo 2S
B

– DJ I Phantom 3 Professional User Manual