1 UNITED STATES OF AMERI CA DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION

WASHI NGTON, DC
Regulatory

Docket No.___________

**IN THE MATTER OF THE PETITION FOR EXEMPTION OF:**

**TEJA F. BERBERICH (“PETITIONER”)**  **FOR AN EXEMPTION SEEKING RELIEF FROM THE REQUIREMENTS OF TITLE 14 OF THE CODE OF FEDERAL REGULATIONS SECTIONS 61.101(e)(4) & (5),**  **61.113(a) & (b), 61.23(a), 61.315(a), 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 A DJI PHANTOM 3 UNMANNED AIRCRAFT SYSTEMS**  **PURSUANT TO SECTION 333 OF THE FAA MODERNIZATION AND REFORM ACT OF 2012 (PUBLIC LAW 112**  **- 95)** 

Submitted on December 14 , 2015 Teja Berberich 1316 Edwards Dr. Downingtown, PA 19335 Tel: (717) 314
- 2078 Teja@designdorf.net2 **TABLE OF CONTENTS**

GLOSSARY OF ABBREVIATIONS .................................................................................. ............ .......... ..... .. ... 3 SUMMARY .................................................................................................................... ...... .............. .... . . ... 4 INTRODUCTION AND INTERESTS OF PETITIONER . .................................. ................ ........................... ..... . .. 4 BACKGROUND .................................................................................................................. .. ................. ... .... 5 BASIS FOR PETITION ............................. ........................................................................... .................. .. . ... .. 5 NAME AND ADDRESS OF PETITIONER . ................................................ ...................................... ... .7 THE SPECIFIC SECTIONS OF 14 C.F.R. FROM WHICH PETITIONER SEEKS EXEMPTION .............. . .. . 8 THE EXTENT OF RELIEF PETITIONER SEEKS AND THE REASON PETITIONER SEEKS THE RELIEF ... 1 2 THE REASONS WHY GRANTING PETITIONER ’S REQUEST WOULD BE IN THE PUBLIC INTEREST . ..1 7 THE REASONS WHY GRANTING THE EXEMPTION WOULD NOT ADVERSELY AFFECT SAFETY .. ..... 20 SUMMARY THAT CAN BE PUBLISHED IN THE FEDERAL REGISTER ........................ .... ..................... .... 37 ANY ADDITIONAL INFORMATION, VIEWS, OR ARGUMENTS AVAILABLE TO SUPPORT PETITIONER ’ S R EQUEST.................................................................................... ... ...... ................ . ...3 7 CONCLUSION ................................................................................................................. .... ...... ............ .....3 8 APPENDICES.................................................................................... ..................................................................... ... . . 393 **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) Se ction 333 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** Teja F. Berberich (“Petitioner”) seeks exemption from the requirements of 14 C.F.R §§ 61.101(e)(4) and (5), 61.315(a), 61.23(a), 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 Teja F. Berberich to operate an Unmanned Aircraft Sy stem (UAS) for the commercial purpose of conducting aerial video and photography of construction sites, building inspections, agricultural lands, outdoor recreational facilities, real estate, special events, and landscapes within the United States.

**INTRODUCTION AND INTERESTS OF THE PETITIONER** Teja F. Be rberich will provide his clients with high quality digital content for use in their commercial, personal, and non
- profit multimedia projects. Petitioner has years of photograph y experience and will use state
- of
- the
- art technology

to make high quality

video and photo productions for any client. Petitioner has worked for the past 14 years as a Rotorcraft Flight Test Engineer. Petitioner has over 4 years recreational/hobby experience in all aspects of aerial video and photograph y. The objective of Petitioner’s aerial video and photography operations is to provide high quality

imaging for a variety

of commercial, public, and residential uses, specificall y targeting:

 Aerial event filming and photography  High structure and construction inspections
 Promotional vide os for businesses, non
- profits & government entities
 Photo and video production for real estate marketing
 Search and Rescue5 **BACKGROUND** Unmanned Aircraft Sy stems: DJI Phantom 3 UAS Petitioner seeks an exemption to operate DJ I sy stems for compensation or hire within the NAS. The DJ I Phantom 3 is are vertical takeoff and landing (VTOL) Unmanned Aircraft (UA) with a Ground Control Station (GCS) utilizing electronic tablet or smart phone s ystems. The Phantom 3 is an electric powered rotary wing UAS that is capable of transmitting live airborne video images and location information to a Ground Control Station (GCS). T he Phantom store s the photographs and data on board and makes them available for download after completion of the flight. The Phantom 3 weight is 2. 8 pounds and is 14 in x 14 in x 6 in. Itis well under the 55 lbs mandated in the FMRA. The Phantom has a maximum cruising speed of 31 knots. Itis battery powered, ha s a flight endurance of 2 3 minutes and can operate in temperatures ranging from 0° to 40° C. T he Phantom 3 ha s omni
- directional antenna with a range of 2. 0 km and operating in the 2.420

– 2.483 GHz frequency range. The Phantom 3, that 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** The petitioner, Teja F. Berberich , pursuant to the provisions of the Federal Aviation Regulations (14 C.F.R. § 11.61) and the FAA Modernization and Reform Act of 2012 (FMRA), Section 333, Special Rules for Certain Unmanned Aircraft Systems , hereb y petitions the Administrator to commercial ly

operate the DJI Phantom 3 in the National Airspace S ys tem (NAS), and for an exemption from the requirements of 14 C.F.R §§ 61.101(e)(4) and (5), 61.315(a), 61.23(a), 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 , the DJ I Phantom 3 UA S meets the conditions of FMRA6

Section 333 and therefore, will not require an airworthiness cer tificate in accordance with 14 C.F.R. Part 21, Subpart H. Accordingl y, Petitioner’s 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. Petitioner submits that the requested relief is proper since an equivalent level of safety will be ensured. Petitioner will use experienced personnel and technicians to perform maintenance, alterations, or preventive maintenance on the UASs using the methods, techniques, and practices prescribed in the operating documents (i.e., Monthly Maintenance Log, Phantom 3 In struction Manual). Furthermore, Petitioner will document and maintain all maintenance records for the DJI Phantom 3 UAS. Relief from certain requirements of Section 61.101(e)(4) and (5) entitled Recreational pilot privileges and limitations: Pilot in command, and from Section 61.315(a) entitled Wh at are the privileges and limits of my sport pilo t certificate , and from Section 61.23(a) entitled Medical certificates: Requirements and duration , is requested by the Petitioner to the extent necessary to allow a Pilot in Command (PI C) holding a sport pilot or higher level certificate, as well as a vali d driver’s license, and who has demonstrated, b y meeting minimum flight
- hour and currency requirements, that the PIC is able to safel y operate the DJ I Phantom 3 UA in a manner consistent with this exemption, including evasive and emergency maneuvers and m aintaining appropriate distances from people, vessels, vehicles and structures. Petitioner seeks relief from Section 91.7(a), entitled Civil aircraft airworthiness , because the DJ I Phantom 3 UAS do not require an airworthiness certificate in accordance w ith 14 C.F.R. Part 21, Subpart H. As such, Petitioner submits that it will ensure that the DJ I Phantom 3 UA is in an airworth y condition, prior to every flight, b y determining that the UA is in compliance with the operating documents (i.e., Monthly Mainten ance Log, and DJ I Phantom 3 Instruction Manual), and that the aircraft is in a condition for safe flight.7

Petitioner also seeks an exemption from the requirements of Section 91.121, entitled Altimeter Settings , as the DJ I Phantom 3 UA will not have a ty pical barometric altimeter onboard. However, altitude information of the DJ I Phantom 3 UA 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 GCS for active monitoring of the flight path. This altitude information, combined with Petitioner ’s skilled operation of the DJ I Phantom 3 UAS within visual line of sight, at or below 4 00 feet AGL, will ensure a level of safety equivalent to Sec tion 91.121. Petitioner also seeks an exemption from the requirements of Section 91.151(b), entitled Fuel requirements for flight in VFR conditions
. Petitioner submits that safety will not be affected b y operation of the DJ I Phantom 3 UA during daylight hours in visual meteorological conditions (VMC) under visual flight rules (VFR), with enough battery power to fly

for a total duration of approximately

15 minutes to the first point of intended landing and, assuming normal cruising speed, to fl y after that for at least 5 minutes. In accordance with 14 C.F.R. § 11.81, Teja Berber ich provides the following information in support of his petition for exemption:

**A. Name A**  **nd Address Of The Petitioner.** The name and address of the Petitioner and point of contact i s: Teja F. Berberich 1316 Edwards Dr. Downingtown, PA 19335 Tel: ( 717 ) 314
- 2078 Email: Teja@designdorf.net8

**B. The Specific Sections Of 14 C.F.R. From Which**  **Petitioner Seeks Exemption.**  **1. Petitioner**  **Seeks Exemption From The Requirements Of Section 61.101(e)(4) and (5).** Section 61.101, entitled Recreational pilot privileges and limitations: Pilot in command, subsection (e)(4) and (5) prescribe the following, in relevant part: (e) Except as provided in paragraphs (d) and (i) of this section, a recreational pilot may not act as pilot in command of an aircraft

— (4) For compensation or hire ; (5) In furtherance of a business ;
**2. Petitioner**  **Seeks Exemption From The Requirements Of Section 61.23(a).** Section 61.23(a), entitled Operations requiring a medical certificate: Requirements and duration , subsection (a) prescribe the following, in relevant part: (a) Except as provided in paragraphs (b ) and ( c ) of this section, a person - (3) Must hold at least a third
- class medical certificate
- (i) When exercising the privileges of a private pilot certificate;
**3. Petitioner**  **Seeks Exemption From The Requirements Of Section 61.315(a).**  Section 61.315(a), entitled Wh at are the privileges and limits of my sport pilot certificate , subsection (a) prescribe the following, in relevant part: (c ) You may

not act as pilot in command of a light
- sport aircraft: (2) For compensation or hire. (3) In furtherance of a business.

— **4. Petitioner**  **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.9

**5. Petitioner**  **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 operating
-- (1) Below 18,000 feet MSL , to -- (i) The current reported altimeter setting of a station along the route and within 100 nautical miles of the airc raft; (ii) If there is no station within the area prescribed in paragraph (a)(1)(i) of this section, the current reported altimeter setting of an appropriate available station; or (iii) In the case of an aircraft not equipped with a radio, the elevation of the departure airport or an appropriate altimeter setting available before departure.
**6. Petitioner**  **Seeks Exemption From The Requirements Of**  **Section 91.151(b).** Section 91.151, entitled Fuel requirements for flight in VFR conditions, subsection (b), states the following: (b ) No person may begin a flight in a rotorcraft under VFR conditions unless (considering wind and forecast weather conditions) there is enough fuel to fly to the first point of intended landing and, assuming normal cruising speed, to fly after that for at least 20 minutes. **7. Petitioner**  **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

—10

(a) Shall have that aircraft inspected as prescribed in subpart E of this part and shall between required inspections, except as provided in paragraph (c) of this section, have discrepancies repaired as prescribed in part 43 of this chapter[.] **8. Petitioner**  **Seek s**  **Exemption From The Requirements Of Section 91.407(a)(1)**  Section 91.407, entitled Operation after maintenance, preventive maintenance, rebuilding, or alteration , subsection (a)(1), states the following: (a) No person may

operate any

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

— (i) It has been approved for return to service b y a person authorized under § 43.7 of this chapter [.]
**9. Petitioner**  **Seeks Exemption From The Requirements Of Sections 91.409(a)(1) a nd**  **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. **10. Petitioner**  **Seeks Exemption From The Requirements 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:11

(1) Records of the maintenance, preventive maintenance, and alteration and records of the 100
- hour, annual, progressive, and other required or approved inspections, as appropriate, for each aircraft (including the airframe) and 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 date 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 informatio n: (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 specified 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 safety12 directive number and revision date. If the AD or safety directive involves recurring action, the time and date when the next action is required. (vi) Copies of the forms prescribed 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 prescribed: (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 ye ar 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 retain ed until the defects are repaired and the aircraft is approved for return to service. **C. The Extent Of Relief Petitioner**  **Seeks And The Reason Petitioner**  **Seeks The Relief. 1.**  **Extent Of Relief Petitioner**  **Seeks And The Reason Petitioner**  **Seeks Relief From Section 61.113(a) and**  **(b).** Relief from Section 61.113(a) and (b) entitled Private pilot privileges and limitations: Pilot in command, is requested to the extent necessary to allow a PIC holding a private pilot or higher level certificate, as well as a current and valid airman medical certificate, and who has met certain flight
- hour and currency requirements, to conduct the proposed UAS flight operations for compensation or hire.13

This relief is requested since the limitations set forth in Section 61.113(a) and (b) state that a private pilot may , for compensation or hire, act as PIC of an aircraft in connection with any business or employ

ment if: (1) The flight is only incidental to that business or employ ment; and (2) The aircraft does n ot carry passengers or property

for compensation or hire. As set forth more full y below, Petitioner submits that an equivalent level of safety will be maintained because no PIC will be allowed to operate the Phantom 3 UAS unless that PI C has met certain flight
- hour and currency requirements, demonstrating that the PI C is able to safel y operate the DJIPhantom 3 UAS in a manner consistent with the operations specifications as described in this exemption, including evasive and emergency maneuvers, as well a s maintaining appropriate distances from people, vessels, vehicles and structures. Further, Petitioner submits that all flights of the DJIPhantom 3 UAS, conducted by the PI C pursuant to the grant of this Petition: (1) will be incidental to Petitioner business; and (2) will not carry

passengers or property for compensation or hire. **2. Extent Of Relief**  **Petitioner Seeks And The Reason**  **Petitioner Seeks Relief From**  **Section 61.23(a).** Relief from Section 61.23(a), entitled Operations requiring a medical certificate: Requirements and duration, is requested to the extent required to necessary to allow a PI C holding a sport pilot certificate or higher level certificate, as well as a current and valid driver’s license, to conduct the proposed UAS flight operation s for compensation or hire. This relief is requested since the limitations set forth in Section 61.23(a) otherwise require the PIC of any flight for compensation or hire to hold a comprehensive FAA issued medical certificate. In Exemption No. 11213 to Aeryon Labs, Inc., the FAA “finds that, because of the risk mitigations established in the conditions and limitations of this exemption, a person that holds a U.S. issued driver’s license who is operating a UAS will not adversel y affect safety. The FAA is granting relief from § 61.23(a) to allow any pilot that holds one of the pilot’s certificates discussed above to operate a UAS under this14

exemption with a U.S. issued driver’s license, in lieu of an FAA
- issued medical certificate. The FAA is also granting reli ef from § 61.23(c) to allow sport pilot certificate holders to operate aircraft other than L SA with a U.S. issued driver’s license under this exemption.” **3. Extent Of Relief**  **Petitioner Seeks And The Reason**  **Petitioner Seeks Relief From**  **Section 61.315(a).** Re lief from Section 61.315(a) entitled What are the privileges and limits of my sport pilot certificate , is requested to the extent necessary to allow a PI C holding a sport pilot or higher level certificate to conduct the proposed UAS flight operations for c ompensation or hire. This relief is requested since the limitations set forth in Section 61.315(a) restrict a sport pilot from acting as the PI C of any flight for compensation or hire, or for the furtherance of any business. In Exemption No. 11213 to Aeryo n Labs, Inc., the FAA re
assessed the level of pilot certificate that would be appropriate for the petitioner’s operations. In evaluating this petition, similar to the evaluation of the private and commercial pilot certificates in Exemption No. 11062, the agency compared the aeronautical knowledge requirements of the recreational and sport pilot certificates to those of the private pilot certificate. They found that the aeronautical knowledge requirements that would be applicable to a UAS operation for a re creational pilot and sport pilot certificate are substantially similar as those for a private pilot certificate. Additionally , similar to the private and commercial pilot certificates, holders of recreational and sport pilot certificates are subject to sec urity screening by

the Department of Homeland Security (DHS). Therefore, because they must demonstrate aeronautical knowledge relevant to UAS operations and are subject to DHS screening, factors that were considered b y the FAA in allowing private pilot operations under previous exemptions, the FAA now determines that holders of recreational and sport pilot certificates may

serve as the PI C for UAS operations.15

**4. Extent Of Relief**  **Petitioner Seeks And**  **The Reason Petitioner 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 Petitioner to determine that the DJI Phantom 3 UAS is in airworth y condition prior to every

flight by ensuring that the UAS is in compliance with the operating documents (i.e., the DJ I Phantom 3 Maintenance Manual, Monthly Maintenance Lo g, and DJI Phantom 3 Instruction Manual). Petitioner seeks the requested re lief because the DJ I Phantom 3 UAS d oes not require an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H. Therefore, Petitioner will ensure that the DJI Phantom 3 UAS is in airworthy condition based upon its compliance with the operating documents (i.e., Monthly Maintenance Log, and DJ I Phantom 3 Instruction 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. **5. Extent Of Relief**  **Pe titioner**  **Seeks And The Reason Petitioner**  **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 UAS, which utilize a barometric pressure sensor, GPS equipm ent, 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 operations be reported to air traffic control (ATC) in feet above ground level (AGL), Petitioner seeks the requested relief because the DJ I Phantom 3 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 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 full y set forth herein, an equivalent level of safety will be m aintained since the DJI Phantom 3 UAs are equipped with a barometric pressure16

sensor and GPS equipment, which automatically ensures that a ground level pressure setting will be established prior to each flight, and provides the PI C with altitude informatio n of the UA on the heads
- up display of the GCS. **6. Extent Of Relief**  **Petitioner Seeks And**  **The Reason Petitioner 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 e xtent required to allow flights of the battery powered DJ I Phantom 3 UA during daylight hours in visual meteorological conditions (VMC), under visual flight rules (VFR), for a total duration of 15 minutes to the first point of intended landing and, assuming normal cruising speed, to fl y after that for at least 5 minutes. P etitioner 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 UA will severel y constrain the practicality of any aerial video or still photo flight operations that th e Petitioner proposes to conduct pursuant to this Petition. Significantl y, as set forth below, the technical specifications of the Phantom 3 UAS and operating documents, and Petitioner ’s proposed operating limitations, ensure that Petitioner will safely operate the battery powered DJIPhantom 3 UA during daylight hours in visual meteorological conditions (VMC), under visual flight rules (VFR), with enough battery

power to fly

for a total duration of 15 minutes to the first point of intended landing and, a ssuming normal cruising speed, to fl y after that for at least 5 minutes.
**7. Extent Of Relief**  **Petitioner Seeks And The Reason**  **Petitioner 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, Petitioner requests relief from these Sections because the DJ I Phantom 3 UAS does not require airworthiness certificates. As17

set forth more full y below, the DJ I Phantom 3 UAS meets the conditions of FMRA Section 333 for operation without an airworthiness certificate. Accordingl y, Petitioner will use highly

trained technicians to perform maintenance, alterations, or preventive maintenance on the UASs using the methods, techniques, and practices prescribed in the UAS operating documents (i.e., the DJ I Phantom 3 Maintenance Manual, Maintenance Lo g and the Phantom 3 Instruction Manual). Furthermore, Petitioner will document and maintain all maintenance records for the DJ I Phantom 3 UAS. **D. The Reasons Why Granting Petitioner**  **Request Would Be In The Public Interest; That**  **Is, How It Would Benefit The Public As A Whole.** Granting the present Petition will further the public interest b y allowing Petitioner to safel y, efficientl y, and economically conduct aerial video and photography of outdoor recreational facilities, real estate, special events, and landscapes over certain areas of the United States. Additionally , use of the Phantom 3 UAS will decrease congestion of the NAS, reduce pollution, and provide significant benefits to the economy. Notably, the benefits of Petitioner ’s proposed operation of the DJ I Phantom 3 UAS will be realized without implicating any privacy issues.
**1. The Pu**  **blic Will Benefit From Decreased Congestion Of The NAS.** The DJ I Phantom 3 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 exemption allowing the use of a DJI Phantom 3 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, by reducing the number of manned aircraft operating in the NAS, congestion around airports caused by arriving and departing aircraft will be reduced. The DJ I Phantom 3 UAS d oes not require an airport to takeoff or land. L i kewise, a reduction of manned aircraft conducting aerial video and photograph y missions would result in fewer aircraft that must be handled b y air18

traffic control during the ground, takeoff, departure, arrival, and landing phases of flight operations. **2. Th**  **e Public Will Benefit From The Safety And Efficiency Of The DJI Phantom 3**  **UAS.** Conducting aerial acquisitions with the DJI Phantom 3 UA, 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 UA produce s no air pollution, and is the most viable environmentally conscious alternative to the cabin cla ss, six cylinder internal combustion engine aircraft that are typically utilized for aerial video and photograph y, while burning approximately 20
- 30 gallons per hour of leaded aviation fuel. The DJ I Phantom 3 UA, while reducing the carbon footprint of aeri al acquisitions, also eliminates noise pollution, as the UAS is propelled by battery powered electric motors, rather than an internal combustion engine. By using the DJ I Phantom 3 UA to perform aerial acquisitions, the substantial risk to life and property in the air and on the ground, which is usually associated with traditional manned aircraft flight operations, will be substantially reduced or completely

eliminated. Aside from the lack of flight crew members located onboard the aircraft, the DJ I Phant om 3 UA, ha s less phy sical potential for collateral damage to life and property on the ground, and in the air, compared to the manned aircraft that ty picall y conduct 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**  **P hantom**  **3 UAS Will Benefit The Economy.**  In addition to being safe and efficient, the DJ I Phantom 3 is an economical alternative to usin g manned aircraft to conduct similar aerial operations. As such, operation of the DJ I19

Phantom 3 UAS will allow United States based businesses , like us , to remain competitive and contribute to growth of the U.S. economy. Specificall y, with the rising cost o f aviation fuel and the Environmental Protection Agency (“EPA”) regulatory

actions 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 DJIPhantom 3 UA S allows businesses greater operational flexibility compared to manned aircraft, and provides such flexibility without the high operational cost of a traditional manned aircraft. By operating the DJ I Phantom 3 UA, businesses such as ours , c an remain competitive and profitable, and therefore, provide greater job stability to employees and contractors, which will ultimately contribute to growth of the U.S. e conom y. Improved financial performance of U.S. companies, through commercial use of th e DJ I Phantom 3 UA, 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 States and abroa d. **4. There Are No Privacy Issues.**  Similar to the manned aerial acquisition flight operations that have been conducted for decades, Petitioner proposed operation of the DJ I Phantom 3 UAS will not implicate any privacy issues. Specifically , the DJ I Phantom 3 UAS will be operated onl y in compliance with the conditions set forth in any exemption granted under this petition.20

**E. The Reasons Why Granting The Exemption Would Not Adversely Affect**  **Safety, Or**  **How The Exemption Would Provide A Level Of Safety At Least Equal To That Provided By The Rule From Which**  **Petitioner Seeks Exemption.**  **1. Reasons Why The DJI Phantom 3**  **UA Meet s**  **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, Petitioner operation of the DJ I Phantom 3 UAS meet s the conditions of FMRA Section 333, and will not require an airworth iness certificate in accordance with 14 C.F.R. Part 21, Subpart H. Section 333 provides authority for a UAS to operate without airworthiness certification and sets forth requirements for 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.

--Notwithstanding any other requirement of this subtitle, and not later than 180 days after the date of enactment o f 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 Secretary shall determine, at a minimum

-- (1 ) which types of unmanned aircraft systems, if any, as a result of their size, weig ht, 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; and21 (2 ) W hether 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 O peration.
--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, Petitioner submits that the DJ I Phantom 3 UAS can operate safel y in the NAS pursuant to FMRA Section 333, as demonstrated b y: (a) the characteristics of the DJ I Phantom 3 UAS; (b) the pilot certification requirement; and (c) the specific operating limitations.

**a. The Specifications Of The DJI**  **Phantom 3 UAS Demonstrate Its Safe**  **Characteristics.** The DJ I Phantom 3 UAS do not create a hazard to users of the NAS or the public, or otherwise pose a threat to national security considering its size, weight, speed, and operational capability
. **i. Technical Specifications Of The DJI Phantom**  **3 UAS.**  The technical specification s of the DJ I Phantom 3 UAS are set forth by the DJIPhantom 3 Specifications and Data Sheet, attached hereto as Exhibit A.22 **ii. The DJI Phantom**  **3 UAS Autonomous Flight And Navigation**  **Modes Enable The UAS To Remain Within A Defined**  **Operational Area.** The DJ I P hantom 3 UAS may be operated in both manual and full y autonomous flight modes. A complete description of the flight and navigational modes of the DJ I Phantom 3 UAS is provided in the DJI Phantom 3 Us er Manual, attached hereto as Exhibit B
. **iii. The DJI Phantom**  **3 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 Link is lost, the DJIPhantom 3 , the UA will remain stationary , in flight, for 3 seconds or more. If, af ter 3 seconds, the DJ I Phantom 3 UA does not reacquire control link data from the GCS, the UA will assume that the Control Link 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 DJIPhantom 3 UAS is set forth in the Phantom 3 User Manual, attached hereto as B
. **b. Flight Operations Of DJI Phantom 3 UAS Is**  **Limited To The Line Of Sight Of**  **A Certificated Pilot in Command With A Safety Observer.** Petitioner will only

utilize certificated pilots who possess a current and valid airman medical certificate to act as a pilot in command (PI C) of the DJ I Phantom 3 UAS. Additionally , a safety observ er will assist all pilots during flight.23 **c. Flights Of DJI Phantom 3**  **UAS Will Be Conducted Pursuant To Specific**  **Operating Limitations.** In seeking this exemption, proposes to commercially operate DJ I Phantom 3 UAS for the special purpose of conducting aerial video and photography over certain areas of United States, pursuant to the following specific operating limitations:
1. Operations authorized b y this grant of exemption will be limited to the following aircraft described in the operating documents, rotorcraft UAS weighing less than 55 pounds maximum gross weight: DJ I Phantom 3 Unmanned Aircraft Sy stem. 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 UAs 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 approved 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 PIC at all times. This requires the PI C to be able to use human vision unaided by an y device other than corrective lenses, as specified on the PI C’s FAA
- issued airman medical certificate.24 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 requirement as long as the PIC alway s maintains VLOS capability . The SO and PI C must be able to communicate verbally at al l times. Electronic messaging or texting is not permitted during flight operations. The PIC must be designated before the flight and cannot transfer his or her designation for the duration of the flight. The PI C must ensure that the SO can perform the func tions 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 ins truments. 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 such revisions and present updated and revised documents to the Administrator upon request. The operator must also present updated and revised documents if it petitions for extension or amendment to the grant of exemption. If the operator determines that any update or revision would affect the basis upon which25 the FAA granted the exemption, then the operator must petition for amendment to its grant of exempti on. The FAA’s UAS Integration Office (AFS
- 80) may

be contacted if questions arise regarding updates or revisions to the operating documents. 10. Prior to each flight the PIC must inspect the UAS to ensure that it is in a condition for safe flight. If the insp ection 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. The Ground Control Station must b e included in the preflight inspection. All maintenance and alterations must be properly 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 o f 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 compo nents, 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.26 Maintenance, inspection, alterations, and status of replacement/overhaul component parts must be noted in the aircraft re cords, including total time in service, description of work accomplished, and the signature of the authorized person returning the UAS to service. 15. Each UASs operated under this exemption must comply with all manufacturer Safety b ulletins. 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 possess at least a private pilot certificate and at least a current third
- class medical certificate. 18. The o perator may

not permit any

PI C 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, 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 PIC s 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 cons idered nonparticipants, and the PI C must operate the UA with appropriate distance from nonparticipants in accordance with 14 C.F.R. § 91.119.27 19. UAS operations may

not be conducted during night, as defined in 14 C.F.R. §19.1. 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 ope rate 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 requir ed b y the operator’s COA. The letter of agreement with 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 at normal cruising speed to the intended landing point and land the UA with 25% battery power remaining.28 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 48hours prior to the operation. All operations shall be conducted in accordance with airspace requirements in the ATO issued COA including class of airspace, altitude level and potential transponder requirements. 26. 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. 27. Before conducting operations, the radio frequency spectrum used for operation and control of the UA must comply with the Federal Communications Commission (FCC) or other appropriate government oversight agency requirements. 28. The documents required fewer than 14 C.F.R. 91.9 and 91.203 must be available to the PIC at the Ground Control Station of the UAS any time the UAS is op erating. 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.29 31. Flight operations must be conducted at least 500 feet from all nonparticipating persons (persons other than the PIC, SO, operator trainees or essential persons), vessels, vehicles, and structures unless:

a. Barriers or structures are present that sufficiently protect nonparticipating persons from the UA and/or debris in the event of an accident. The operator must ensure that nonparticipating persons remain under such protection. If a situation arises where nonparticipating persons leave such protection and are within 500 feet of the UA, flight operations must cease immediatel y and/or; b. The aircraft is operated near vessels, vehicles or structures where the owner/controller of such vessels, v ehicles 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 operations shall be conducted over private or controlled
- access property with permission from the land owner/controller or authorized representative. Permission from land owner/controller or authorized representative will be obtained for each flight to be conducted. 33. Any incident, accident, or flight operation that transgresses the lateral or vertical boundaries of the operational area as defined by the applic able COA must be reported to the FAA's UAS Integration Office (AFS
- 80) within 24hours. Accidents must be reported to the National Transportation Safety Board(NTSB) per instructions contained on the NTSB Web site: www.ntsb.gov
.30

**2. Reasons Why An Exemption**  **From The Requirements Of Section 61.113(a) And (b) Would Not Adversely Affect Safety.**  Petitioner submits that the equivalent level of safety established b y Section 61.113(a) and (b) will be maintained because no PIC will be allowed to operate the DJ I Phantom 3 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 UAS in a manner consistent with the exemption, including evasive and emergency maneuvers and maintaining appropriate distances from people, vessels, vehicles and structures. Considering Petitioner proposed area of operations, and the operating limitatio ns set forth
- above; the parallel nature of sport pilot aeronautical knowledge requirements to those of commercial pilot requirements (See Exemption No. 11062); and the airmanship skills necessary

to safely operate the DJ I Phantom 3 UAS, Petitioner submits that the additional manned airmanship experience of a commercially certificated pilot would not correlate to the airmanship skills necessary for Petitioner specific proposed flight operations. The FAA has previously

granted relief from Section 61.113(a) and (b) specific to UAS, in circumstances similar, in all material respects, to those presented herein (e.g. Exemption Nos. 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110, 11112, 11136, 11138, 11150, 11153, 11156, 11158, 11159, 11160, 11161)
. Petitioner will not allow any PIC to operate the DJI Phantom 3 UAS unless that PI C has demonstrated, b y meeting minimum flight
- hour requirements or the DJ I Phantom 3 UAS training and currency

requirements, that the PI C is able to safel y operate the DJ I Phantom 3 UAS in a manner consistent with this exemption, including evasive and emergency maneuvers and maintaining appropriate distances from people, vessels, vehicles and structures.31

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 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 Petitioner proposed operations. The Administrator has held that prior documented flight experience that was obtained in compliance with applicable regulations would ensure safe operations, stating as follows : In Exemption No. 11062, the FAA required that prior to conducting operations for the purpose of motion picture filming (or similar operations), the PIC must have accumulated and logged, in a manner consistent with 14 CFR 61.51(b), 25 hours of total tim e 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 proficiency

in the skills necessary

to safel y 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 be32 conducted under the grant of exemption to accomplish the required flight time. During training, proficiency , and experien ce - building flights the PI C is required to operate the UA with appropriate distances in accordance with 14 C.F.R 91.119. Exemption No. 11138 at page 15. Accordingl y, Petitioner will ensure safe operations by not allowing any P IC to operate the DJ I Phanto m 3 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 DJI Phantom 3 UAS in a manner consistent with the exemption, including evasive and emergency maneuvers and maintaining appropriate distances from people, vessels, vehicles and structures. **3. Reasons Why An Exemption From The Requirements Of Section 91.7(a)**  **Would Not Adversely Affect Safety.**  The equivalent level of safety established b y Section 91.7(a) will be maintained because prior to every

flight, Petitioner will ensure that the DJI Phantom 3 UAS is in an airworthy condition based upon the UAS’s compliance with its operating d ocuments and as stated in the conditions 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. 11 062, 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 equival ent level of safety established b y Section 91.121 will be maintained because the altitude information of the DJ I Phantom 3 UAS will be provided to the PI C via GPS equipment and a radio communications telemetry data link, which downlinks from the UAS to the GCS for active monitoring of the flight path and altitude. This altitude33

information, combined with Petitioner ’s operation of the DJ I Phantom 3 UAS within visual line of sight, at or below 4 00 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 fro m 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, 1116 0, 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) the technical specifications of the DJ I Phantom 3 UAs; (2) the limitations on the proposed flight operations; and (3) the location of the proposed flight operations. Accordingly , Seagull Aerial will ensure that it will safel y operate the battery powered DJ I Phantom 3 UA during daylight hours in VFR conditions, with enough battery power to fly

for a total duration of 15 minutes to the first point of intended landing and, assuming normal cruising speed, to fl y after that for at least 5 minutes. Here, as in Ex emption No. 11109, the technical specifications of the DJ I Phantom 3 UAS; the limitations on the proposed flight operations; and the location of the proposed operations, will ensure an equivalent level of safety established b y 14 C.F.R. Section 91.151(b). Furthermore, safety will be ensured as the DJ I Phantom 3 UAS provide audible and visual warnings to the PIC at the GCS when the UAs experiences low battery voltage, the first warning occurring at approximately 30% remaining battery

power, and again at approximately

15% remaining battery

power. At the criticall y low battery level, the DJ I Phantom 3 UAS will descend and land automatically
.34

Significantl y, previous exemptions granted b y the FAA concerning Section 91.151 establish that safety is not adversel y a ffected when the technical characteristics and operating limitations of the UAS are considered. Relief has been granted for manned aircraft to operate at less than the minimums prescribed in Section 91.151, including Exemption Nos. 2689, 5745, and 10650. M oreover, 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, 1108 0, 11109, 11110, 11136, 11138, 11150, 11153, 11156, 11157, 11158, 11159, 11160, 11161). **6. Reasons Why An Exemption From The Requirements Of Sections**  **91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), And 91.417(a) & (b) Would Not Adversely**  **Affect Safety.** In seeking this exemption, Petitioner 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 Petitioner 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., the DJ I Phantom 3 Maintenance Manual, Monthl y Maintenance Lo g, and the Phantom 3 In struction Manual ) . Furthermore, Petitioner will document and maintain all maintenance records for the DJ I Phantom 3 UAS. Since the DJ I Phantom 3 UAS will be inspected as prescribed b y the operating documents, Petiti oner 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 DJ I is attached hereto as Exhibit C
. Likewise, the exemption sought will not adversel y affect safety because Petitioner wil l use trained technicians to perform maintenance, alterations or preventive maintenance on the UAS using the methods, techniques, and practices prescribed b y the operating35

documents. Furthermore, the exemption sought would maintain an equivalent level of s afety established b y Sections 91.407, 91.417(a) and 91.417(b), because all maintenance of the DJ I Phantom 3 UAS will be performed b y trained technicians. Maintenance will be documented and maintained utilizing the monthly maintenance log. Significantl y, previous exemptions granted b y the FAA concerning Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b) establish that safety is not adversel y affected when the technical characteristics and operating limitations of the UAS are cons idered. In consideration of Petitioner proposed operating limitations, the operating documents, and the technical aspects of the DJ I Phantom 3 UAS, Petitioner submits that safety will not be adversely

affected by

granting exemption from 14 C.F.R. Sections 91.405(a), 91.407(a)(1) and (a)(2), 91.409(a)(2), and 91.417(a) and (b). The FAA has previously granted relief specific to UAS in circumstances similar, in al l 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 Fo**  **r Safe Operation.** In accordance with Section 333 of the FAA Modernization and Reform Act of 2012 (FMRA) and 14 C.F.R. § 21.16 entitled Special Conditions, Petitioner requests that the FAA prescribe special conditions for the intended operation of the DJ I Phantom 3 UAS, which contain such safety standards that the Administrator finds necessary to establish a level of safety

equivalent to that established by 14 C.F.R. Part 21, Subpart H, and 14 C.F.R §§ 61.113(a) & (b), 91.7 (a), 91.121, 91.151(b), 91.405(a) , 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b). Such special conditions will permit safe operation of the UAs for the limited purpose of conducting aerial video and photography over certain areas of the United States for compensation or hire. F MRA Section 333 sets forth the requirements for considering whether a UAS will create a hazard to users of the36

NAS or the public, or otherwise pose a threat to national security ; and further, provides the authority

for such UAS to operate without airworthi ness certification in accordance with any requirements that must be established for the safe operation of the UAS in the NAS. Likewise, the Administrator may prescribe special conditions pursuant to 14 C.F.R. § 21.16, for operation of the DJ I Phantom 3 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 unusual 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, aircraft 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 Leading Edge’s intended operation of the DJI Phantom 3 UAS, which contain such safety standards that the Administrator finds necessary to est ablish a level 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).37

**F. A Summary That Can Be Pub**  **lished In The Federal Register, stating: The Rules From**  **Which Petitioner**  **Seeks Exemption:** Petitioner seeks exemption from the requirements of 14 C.F.R Sections 61.101(e)(4) and (5 ), 61.315(a), 61.23(a), 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 Petitioner**  **Seeks:** This exemption will permit Petitioner to commercially operate an Unmanned Aircraft System (UAS) for the purpose of conducting aerial video and photography over certain areas of the United States. **G. Any Additional Information, Views, Or Arguments Available To Support Feather**  **Light Media LLC**  **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, Petitioner 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, Petitioner will operate the DJ I Phantom 3 UAS safely in the NAS, without creating a hazard to us ers of the NAS, or the public, or otherwise pose a threat to national security.38 **CONCLUSION** As set forth herein, Petitioner 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 UAS commerciall y, without an airworthiness certificate, for the limited purpose of conducting aerial video and photography over certain areas of the United States. By granting this Petition, the FAA Administrator will be fulfilling the Congressional mandate of the FAA Modernization and Reform Act of 2012, while also advancing the intere sts of the public, by allowing Petitioner to safely , efficiently , and economically operate the Phantom 3 UAS commerciall y within the NAS. **WHEREFORE** , in accordance with the Federal Aviation Regulations and the FAA Modernization and Reform Act of 2012, Section 333, Petitioner respectfully requests that the Administrator grant this Petition for an exemption from the requirements of 14 C.F.R Sections 61. 101(e)(4) and (5), 61.315(a), 61.23(a), 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 Petitioner to operate the DJ I Phantom 3 UAS commerciall y for the purpose of conducting aerial video and phot ography over areas of the United States. Dated: December 14 , 2015

Respectfully submitted, Teja Berberich 1316 Edwards Dr. Downingtown, PA 19335 Tel: ( 717 ) 314
- 2078 Email: teja@designdorf.net39 **APPENDICES** A

– DJ I Phantom 3 Specifications Data Sheet B

– DJ I Phantom 3 Manufacturer’s User Manual C

– DJI Phantom 3

– Monthly Maintenance Log40 **Appendix A**

**– DJI Phantom 3 Specifications Data Sheet**  **Aircraft Weight**  **(including battery and propellers)**  1280 g **Diagonal size (including propellers)**  590 mm **Max Ascent Speed** 5 m/s **Max Descent Speed** 3 m/s **Hover Accuracy**  Vertical: +/
- 0.1 m (when Vision Positioning is active) or +/
- 0.5 m  Horizontal: +/
- 1.5 m **Max Speed** 16 m/s (ATTI mode, no wind) **Max Service Ceiling Above Sea Level**  6000 m (Default altitude limit: 120 m above takeoff point) **Operating Temperature** 0°C to 40°C **GPS Mode** GPS/GL ONASS **Gimbal Controllable Range**  Pitch
- 90° to +30° **Stabilization** 3
- axis (pitch, roll, yaw) **Remote Controller Operating Frequency**  2.400 GHz
- 2.483 GHz **Max Distance** Up to 5 km or 3.1 miles (unobstructed, free of interference) when FCC compliant Up to 3.5 km or 2.1 miles (unobstructed, free of interference) when CE compliant **Video Output Port**  USB **Operating Temperature** 0°C
- 40°C **Battery** 6000 mAh L iPo 2S **Mobile Device Holder** For tablet or phone **Receiver Sensitivity (1%PER)**  - 101 dBm ±2 dBm **Transmitter Power (EIRP)**   FCC: 20 dBm  CE: 16 dBm **Working Voltage** 1.2 A @7.4 V41

**Intelligent Flight Battery**  **Capacity** 4480 mAh **Voltage** 15.2 V **Battery Type** LiPo 4S **Energy** 68 Wh **Net Weight** 365 g **Max Flight Time** Approximately 23 minutes **Operating Temperature**
- 10°C to 40°C **Max Charging Power** 100 W **Camera Sensor**  Sony EXMOR 1/2.3” Effective pixels: 12.4 M (total pixels: 12.76 M) **Lens** FOV 94° 20 mm (35 mm format equivalent) f/2.8, focus at ∞ **ISO Range** 100
- 3200 (video) 100
- 1600 (photo) **Shutter Speed** 8s
- 1/8000s **Image Max Size** 4000 x 3000 **Still Photography Modes**  Single Shot  Burst Shooting: 3/5/7 shots  Auto Exposure Bracketing (AEB): 3/5  Bracketed Frames at 0.7EV Bias  Time
- lapse **Video Recording Modes**  UHD: 4096x2160p 24/25, 3840x2160p 24/25/30  FHD: 1920x1080p 24/25/30/48/50/60  HD: 1280x720p 24/25/30/48/50/60 **Supported SD Card Types** Micro SD Max capacity : 64 GB. Class 10 or UHS
- 1 rating required **Max Bitrate of Video Storage**  60 Mbps **Supported File Formats**  FAT32/exFAT  Photo: JPEG, DNG  Video: MP4, MOV (MPEG
- 4 AVC/H.264) **Operating Temperature** 0°C to 40°C42



### Vision Positioning **Max Velocity** Less than 8 m/s (when 2 m above ground) **Altitude Range** 50 cm
- 300 cm **Operating Range** 50 cm
- 300 cm **Operating Environment** Surface with clear pattern and adequate lighting (Lux > 15) **Battery Charger Voltage**  17.4 V **Rated Power Phantom 3 Professional** 

 100 W **App / Live View**  **Mobile App** DJIGO **EIRP** 100mW **Power Spectral Density**  6.9mW/MHz **Live View Working**  **Frequency** 2.4GHz I SM **Live View Quality** 720P @ 30fps (depending on conditions and mobile device) **Latency** 220ms (depending on conditions and mobile device) **Required Operating**  **Systems**  iOS 8.0 or later  Android 4.1.2 or later

**Recommended Devices**   iOS: iPhone 5s, iPhone 6, iPhone 6 Plus, iPad Air, iPad Air Wi
- Fi + Cellular, iPad mini 2, iPad mini 2 Wi
- Fi + Cellular, iPad Air 2, iPad Air 2 Wi
- Fi + Cellular, iPad mini 3, and iPad mini 3 Wi
- Fi + Cellular. This app is optimized for iPhone 5s, iPhone 6, and iPhone 6 Plus  Android: Samsung tabs 705c, Samsung S6, Samsung S5, Samsung NOTE4, Samsung NOTE3, Google Nexus 9, Google Nexus 7 II, Ascend Mate7, Nubia Z7 mini, SONY Z3 EXPERIA, MI 3, MI PAD *Support for additional Android devices available as testing and development continues.43 **Appendix B** 
**– DJI Phantom 3 Manufacturer’s User Manual** 

Please see attachment.44 **Appendix C -**  **DJI Phantom 3**

**– Monthly Maintenance Log** 

UAS #: Date Issue Discovered Date Issue

Addressed Issue Description & Maintenance Conducted Maintenance Performed By: Print & Sign Software Updates Airframe Engines Propellers Camera Gimbal Landing Gear Vibration Dampening Battery Remote Controller Other: