1

December, 7 2015

Attn: U. S. Department of Transportation Docket Operation s West Building Ground Floor, Room w12-140 1200 New Jersey Ave, SE Washington, DC 20590

RE: FINNAMEX INC. REQUEST AN EXEMPTION FROM THE REQUIREMENTS OF TITLE 14 OF THE CODE
OF FEDERAL REGULATIONS SECTIONS 61.113(a) & (b), 91.7(a), 91.121, 91.151(b ), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), AND 91.417(a) & (b) CONCERNING COMMERCIAL O PERATION OF DJI Phantom
3 UNMANNED AIRCRAFT SYSTEMS PURSUANT TO SECTION 333 OF THE FAA MODERNIZATION AND REFORM ACT OF 2012 (PUBLI C LAW 112-95)

Martti Silvola

President Finnamex, Inc.

2910 Rainbow Glen Rd. Fallbrook, CA 92028 (760)403-5236

martti@finnamex.com2 TABLE OF CONTENTS

Page

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

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

SUMMARY............................................

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

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

BACKGROUND.........................................

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

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

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

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

................................................... .6

THE SPECIFIC SECTIONS OF 14 C.F.R. FROM WHICH THE F INNAMEX INC SEEKS

EXEMPTION..........................................

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

THE EXTENT OF RELIEF FINNAMEX INC SEEKS AND THE REA SON FINNAMEX INC

SEEKS THE RELIEF......................................... .....................10

THE REASONS WHY GRANTING FINNAMEX INC’S REQUEST WOU LD BE IN THE
PUBLIC INTEREST .......................................

................................................... ..12

THE REASONS WHY GRANTING THE EXEMPTION TO FINNAMEX INC WOULD NOT

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

SUMMARY THAT CAN BE PUBLISHED IN THE FEDERAL REGIST ER...................25

ANY ADDITIONAL INFORMATION, VIEWS, OR ARGUMENTS AVA ILABLE TO SUPPORT FINNAMEX INC’S REQUEST... ...............................................25

CONCLUSION.........................................

................................................... .........................25

APPENDICES............................................................... .......................... 263 GLOSSARY OF ABBREVIATIONS

AGL Above Ground Level

AOI Area of Interest

ATC Air Traffic Control ATO Air Traffic Organization

AV Aerial Vehicle CFR Code of Federal Regulations

COA Certificate of Authorization

FAA Federal Aviation Administration FAR Federal Aviation Regulation

GCS Ground Control Station GPS Global Positioning System

LOL Loss of Link NAS National Airspace System

NOTAM Notice to Airman

PIC Pilot In Command

Section 333 FAA Modernization and Reform Act of 2 012 (FMRA) SO Safety Observer SOP Standard Operating Procedures

UA Unmanned Aircraft UAS Unmanned Aircraft System VFR Visual Flight Rules

VLOS Visual Line of Site VMC Visual Meteorological Conditions VTOL Vertical Takeoff and Landing4 SUMMARY

Finnamex, Inc. seeks exemption from the requirement s of 14 C.F.R §§ 61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409( a)(1) & (a)(2), and 91.417(a) & (b), to operate an Unmanned Aircraft System (DJI Phantom 3) pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (FMRA). This e xemption will permit Finnamex, Inc. to operate an Unmanned Aircraft System (UAS) for the c ommercial purpose of conducting aerial video and photography of construction sites, reside ntial and commercial real estate, civil landscapes and events over certain areas of the Uni ted States.

INTRODUCTION AND INTERESTS OF THE PETITIONER

Finnamex, Inc. has been providing landscape design and build services including aerial photography to clients documenting properties befor e, during and after construction of improvements. We also use aerial photography for ma rketing purposes. With current UAV technology we can transition from chartering small manned aircraft to carry out the aerial photography to economical and safe UAV operation.

BACKGROUND

Unmanned Aircraft Systems: DJI Phantom 3, UAS

Finnamex, Inc. seeks an exemption to operate DJI Ph antom 3 system for compensation or hire

within the NAS. The DJI Phantom 3 is vertical takeo ff and landing (VTOL) Unmanned Aircraft (UA) with a Ground Control Station (GCS) utilizing electronic tablet or smart phone systems. The DJI Phantom 3 has a maximum gross weight of app roximately 2.8 lb. while having a diagonal dimension of 23.2”, a maximum speed of app roximately 16.4’fps and a maximum flying height of 400'. The DJI Phantom 3 is equippe d with four main rotors; driven by Lithium Polymer battery powered electric motors.

BASIS FOR PETITION

Petitioner, Finnamex, Inc., pursuant to the provisi ons of the Federal Aviation Regulations (14 C.F.R. § 11.61) and the FAA Modernization and Refor m Act of 2012 (FMRA), Section 333, Special Rules for Certain Unmanned Aircraft Systems , hereby petitions the Administrator to commercially operate the DJI Phantom 3, UAS in the National Airspace System (NAS), and for an exemption from the requirements of 14 C.F.R §§ 6 1.113(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 li mited operating area associated with the unmanned aircraft and its operation, Finnamex, Inc. operation of DJI Phantom 3 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.5

Accordingly, Finnamex, Inc. requests relief from Se ctions 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b), as these sections se t forth requirements for maintenance that only apply to aircraft with an airworthiness certificate

. Finnamex, Inc. submits that the requested relief is proper since an equivalent level of safety will be ensured. Finnamex, Inc. will use experienced per sonnel 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., Monthly Maintenance Log, and DJI Phantom 3 Instruction Manual). Furthermore, Finname x, Inc. will document and maintain all

maintenance records for the DJI Phantom 3 UAS.

Relief from certain requirements of Section 61.113( a) and (b), entitled Private pilot privileges

and limitations: Pilot in command , is requested by Finnamex, Inc. to the extent nece ssary to allow a Pilot in Command (PIC) holding a private pi lot or higher level certificate, as well as an airman medical certificate, and who has demonstrate d, by meeting minimum flight- hour and currency requirements, that the PIC is able to safe ly operate the DJI Phantom UAS in a manner consistent with this exemption, including evasive a nd emergency maneuvers and maintaining appropriate distances from people, vessels, vehicle s and structures.

Finnamex, Inc. seeks relief from Section 91.7(a), e ntitled Civil aircraft airworthiness , because the DJI Phantom 3 UAS do not require an airworthine ss certificate in accordance with 14 C.F.R. Part 21, Subpart H. As such, Finnamex, Inc. submits that they will ensure that the DJI Phantom 3 UAS is in an airworthy condition, prior to every fl ight, by determining that the UAS are in compliance with the operating documents (i.e., Mont hly Maintenance Log, and DJI Phantom 3 Instruction Manual), and that the aircraft are in a condition for safe flight.

Finnamex, Inc. also seeks an exemption from the req uirements of Section 91.121, entitled Altimeter Settings , as the DJI Phantom 3 UAS will not have a typical barometric altimeter onboard. However, altitude information of the DJI P hantom 3 UAS will be provided to the PIC via Global Positioning System (GPS) equipment and r adio communications telemetry data link,

which downlinks from the UA to the GCS for active m onitoring of the flight path. This altitude information, combined with Finnamex, Inc.’s operati on of the DJI Phantom 3 UAS within visual line of sight, at or below 400 feet AGL, will ensur e a level of safety equivalent to Section

91.121.

Additionally, Finnamex, Inc. seeks an exemption fro m the requirements of Section 91.151(b),

entitled Fuel requirements for flight in VFR conditions . Finnamex, Inc. submits that safety will not be affected by operation of the DJI Phantom 3 U AS during daylight hours in visual meteorological conditions (VMC) under visual flight rules (VFR), with enough battery power to fly for a total duration of approximately 23 minute s. Battery power indicators are also able to show exactly how much battery power is left, as wel l as how much time is needed to return safely back to point of take off.

In accordance with 14 C.F.R. § 11.81, Finnamex, Inc . provides the following information in support of its petition for exemption:6

A. Name And Address Of The Petitioner.

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

Martti Silvola

President Finnamex, Inc.

2910 Rainbow Glen Rd. Fallbrook, CA 92028 (760)403-5236

martti@finnamex.com

B. The Specific Sections Of 14 C.F.R. From Which Fi nnamex, Inc. Seeks Exemption.

1. Finnamex, Inc. Seeks Exemption From The Requirements Of Section 61 .113(a) And (b).

Section 61.113, entitled Private pilot privileges a nd limitations: Pilot in command

, subsections (a) and (b) prescribe the following, in relevant part:

(a) No person who holds a private pilot certificate may act as a pilot in command (PIC) of an aircraft that is carrying passengers or property for compensation or hire; nor may that person, for compensation or hire, act as PIC of an aircraft.

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

(1) The flight is only incidental to that business or employment; and

(2) The aircraft does not carry passengers or prope rty for compensation or hire.

2. Finnamex, Inc. 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 i t is in an airworthy condition.7

3. Finnamex, Inc. Seeks Exemption From The Requirements Of Section 91 .121.

Section 91.121, entitled Altimeter settings, subsec tion (a), states the following, in part:

(a) Each person operating an aircraft shall maintai n 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 sta tion along the route and within 100 nautical miles of the aircraft;

(ii) If there is no station within the area prescri bed in paragraph (a)(1)(i) of this section, the current reported altimeter settin g 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 setti ng available before departure.

4. Finnamex, Inc. 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 un der VFR conditions unless (considering wind and forecast weather conditions) there is enough fuel to fly to the first point of intended landing and, assuming norma l cruising speed, to fly after that for at least 20 minutes.

5. Finnamex, Inc. Seeks Exemption From The Requirement Of Section 91. 405(a).

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

(a) Shall have that aircraft inspected as prescribe d 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 4 3 of this chapter[.]

6. Finnamex, Inc. Seeks Exemption From The Requirements Of Section 91 .407(a)(1)

Section 91.407, entitled Operation after maintenance, preventive maintenance

, rebuilding, or alteration

, subsection (a)(1), states the following:

(a) No person may operate any aircraft that has und ergone maintenance, preventive maintenance, rebuilding, or alteration unless--8 (1) It has been approved for return to service by a person authorized under § 43.7 of this chapter[.]

7. Finnamex, Inc. Seeks Exemption From The Requirements Of Sections 9 1.409(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 sec tion, no person may operate an aircraft unless, within the preceding 12 calendar m onths, it has had --

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

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

8. Finnamex, Inc. Seeks Exemption From The Requirements Of Sections 9 1.417(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 followi ng records for the periods specified in paragraph (b) of this section:

(1) Records of the maintenance, preventive maintena nce, and alteration and records of the 100-hour, annual, progressive, and o ther required or approved inspections, as appropriate, for each aircraft (inc luding the airframe) and each engine, propeller, rotor, and appliance of an aircr aft. 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 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 ea ch airframe, engine, propeller, rotor, and appliance.9 (iii) The time since last overhaul of all items ins talled on the aircraft which are required to be overhauled on a specified time b asis.

(iv) The current inspection status of the aircraft, including the time since the last inspection required by the inspection program under which the aircraft and its appliances are maintained.

(v) The current status of applicable airworthiness directives (AD) and safety directives including, for each, the method of compl iance, the AD or safety

directive number and revision date. If the AD or sa fety directive involves recurring action, the time and date when the next a ction is required.

(vi) Copies of the forms prescribed by § 43.9(d) of this chapter for each major alteration to the airframe and currently inst alled engines, rotors, propellers, and appliances.

(b) The owner or operator shall retain the followin g records for the periods prescribed:

(1) The records specified in paragraph (a)(1) of th is section shall be retained until the work is repeated or superseded by other work or for 1 year after the work is performed.

(2) The records specified in paragraph (a)(2) of th is section shall be retained and

transferred with the aircraft at the time the aircr aft is sold.

(3) A list of defects furnished to a registered own er or operator under § 43.11 of this chapter shall be retained until the defects ar e repaired and the aircraft is approved for return to service.

C. The Extent Of Relief Finnamex, Inc. Seeks And The Reason Finnamex, Inc. Seeks The
Relief.

1. Extent Of Relief Finnamex, Inc. Seeks And The Reason Finnamex, Inc. 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 P IC holding a private pilot or higher level certificate, as well as a current and valid a irman medical certificate, and who has met certain flight-hour and currency requirements, to c onduct the proposed UAS flight operations for compensation or hire.

This relief is requested since the limitations set forth in Section 61.113(a) and (b) state that a private pilot may, for compensation or hire, act as PIC of an aircraft in connection with any10

business or employment if: (1) The flight is only i ncidental to that business or employment; and (2) The aircraft does not carry passengers or prope rty for compensation or hire.

As set forth more fully below, Finnamex, Inc. submi ts that an equivalent level of safety will be maintained because no PIC will be allowed to operat e the DJI Phantom 3 UAS unless that PIC has met certain flight-hour and currency requiremen ts, demonstrating that the PIC is able to safely operate either the DJI Phantom 3 UAS in a ma nner consistent with the operations specifications as described in this exemption, incl uding evasive and emergency maneuvers, as well as maintaining appropriate distances from peop le, vessels, vehicles and structures.

Further, Finnamex, Inc. submits that all flights of the DJI Phantom 3 UAS, conducted by the PIC pursuant to the grant of this Petition: (1) will be incidental to Finnamex, Inc.’s business; and (2) will not carry passengers or property for compensat ion or hire.

2. Extent Of Relief Finnamex, Inc. Seeks And The Reason Finnamex, Inc. 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 The Finnamex, Inc. to determine t hat the DJI Phantom 3 UAS are in airworthy condition prior to every flight by ensuring that th e UAS is in compliance with the operating

documents.

Finnamex, Inc. seeks the requested relief because t he DJI Phantom 3 UAS do not require an

airworthiness certificate in accordance with 14 C.F .R. Part 21, Subpart H. Therefore, Finnamex,

Inc. will ensure that the DJI Phantom 3 UAS are in airworthy condition based upon its compliance with the operating documents (i.e., Mont hly Maintenance Log, and DJI Phantom 3) prior to every flight, and further, determine that the aircraft are in condition for safe flight, as

stated in the conditions and limitations below.

3. Extent Of Relief Finnamex, Inc. Seeks And The Reason Finnamex, Inc. Seeks Relief
From Section 91.121.

Relief from Section 91.121, entitled Altimeter sett ings, may be required to allow flight operations of the DJI Phantom 3 UAS, which utilize a barometric pressure sensor, GPS equipment, and a radio communications telemetry dat a link to downlink altitude information from the UA to the PIC at the ground control statio n (GCS). Since the FAA requires that any altitude information concerning UAS operations be r eported to air traffic control (ATC) in feet above ground level (AGL), Finnamex, Inc.seeks the r equested relief because the DJI Phantom 3 UA’s altimeter may be set on the ground to zero fee t AGL, rather than the local barometric pressure or field altitude, before each flight.

Considering the limited altitude of the proposed op erations, relief from 14 CFR 91.121 is sought to the extent necessary to comply with the applicab le conditions and limitations stated below. As more fully set forth herein, an equivalent level of safety will be maintained since the DJI11

Phantom 3 UAS are equipped with a barometric pressu re sensor and GPS equipment, which automatically ensures that a ground level pressure setting will be established prior to each flight, and provides the PIC with altitude information of t he UA on the heads-up display of the GCS.

4. Extent Of Relief Finnamex, Inc. Seeks And The Reason Finnamex, Inc. Seeks Relief From Section 91.151(b).

Relief from Section 91.151(b) entitled Fuel require ments for flight in VFR conditions, is requested to the extent required to allow flights o f the battery powered DJI Phantom 3 UAS during daylight hours in visual meteorological cond itions (VMC), under visual flight rules (VFR), for a total duration of 23 minutes. Finnamex , Inc. seeks the requested relief because without an exemption from Section 91.151(b), the fl ight time duration of the battery powered DJI Phantom 3 UAS will severely constrain the pract icality of any aerial video or still photo flight operations that Finnamex, Inc. proposes to c onduct pursuant to this Petition.

Significantly, as set forth below, the technical sp ecifications of the DJI Phantom 3 UAS, the DJI Phantom 3 operating documents, and Finnamex, Inc.’s proposed operating limitations, ensure that Finnamex, Inc. will safely operate the battery powered DJI Phantom 3 UAS during daylight hours in visual meteorological conditions (VMC), un der visual flight rules (VFR), with enough battery power to fly for a total duration of 23 min utes.

5. Extent Of Relief Finnamex, Inc. Seeks And The Reason Finnamex, Inc. Seeks Relief From Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), And 91.417(a) & (b).

Since Sections 91.405(a), 91.407(a)(1), 91.409(a)(1 ) & (a)(2), and 91.417(a) & (b) only apply to aircraft with an airworthiness certificate, Finname x, Inc. requests relief from these Sections because the DJI Phantom 3 UAS do not require airwor thiness certificates. As set forth more fully below, the DJI Phantom 3 UAS meet the conditions of FMRA Section 333 for operation without an airworthiness certificate. Accordingly, Finnamex , Inc. 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 docum ents. Furthermore, Finnamex, Inc. will

document and maintain all maintenance records for t he DJI Phantom 3 UAS.

D. The Reasons Why Granting Finnamex, Inc. 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 publ ic interest by allowing Finnamex, Inc. to safely, efficiently, and economically perform aerial video and photography of construction sites, real estate, events and civic landscape over certain are as of the United States.

Additionally, use of the DJI Phantom 3 UAS will dec rease congestion of the NAS, reduce pollution, and provide significant benefits to the economy. Notably, the benefits of Finnamex,12

Inc.’s proposed operation of the DJI Phantom 3 UAS will be realized without implicating any privacy issues.

1. The Public Will Benefit From Decreased Congestio n Of The NAS.

The DJI Phantom 3 UAS are battery powered and serve as a safe, efficient, and economical alternative to the manned aircraft traditionally ut ilized 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 m anned aircraft in the NAS, reduce noise and air pollution, as well as increase the safety o f life and property in the air and on the ground.

Furthermore, by reducing the number of manned aircr aft operating in the NAS, congestion around airports caused by arriving and departing ai rcraft will be reduced. The DJI Phantom 3 UAS do not require an airport to takeoff or land. L ikewise, a reduction of manned aircraft conducting aerial video and photography missions wo uld result in fewer aircraft that must be handled by air traffic control during the ground, t akeoff, departure, arrival, and landing phases of flight operations.

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

Conducting aerial acquisitions with the DJI Phantom 3 UAS, instead of manned aircraft, will greatly benefit the public by drastically reducing the levels of air and noise pollution generated during traditional aerial video and still photograp hy flight operations. By using battery power and electric motors, the DJI Phantom 3 UAS produce no air pollution, and is the most viable environmentally conscious alternative to the cabin class, six cylinder internal combustion engine aircraft that are typically utilized for aerial vid eo and photography, while burning approximately 20-30 gallons per hour of leaded aviation fuel. The DJI Phantom 3 UAS, while reducing the carbon footprint of aerial acquisitions, also elimi nates noise pollution, as the UAS are propelled by battery powered electric motors, rather than an internal combustion engine.

By using the DJI Phantom 3 UAS to perform aerial ac quisitions, the substantial risk to life and property in the air and on the ground, which is usu ally 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, t he DJI Phantom 3 UAS (weighing approximately 2.8 pounds at their maximum gross wei ght with diagonal dimension of 23.2 inches, and with no fuel on board), has less physic al potential for collateral damage to life and property on the ground, and in the air, compared to the manned aircraft that typically conduct similar operations (weighing approximately 6,000 po unds with a wingspan of approximately 42 feet, a length of 34 feet, and a fuel capacity of 1 80 gallons).

3. Performing Aerial Video and Photography Operatio ns With The DJI Phantom 3 UAS Will Benefit The Economy.13

In addition to being safe and efficient, the DJI Ph antom 3 UAS are also an economical alternative to using manned aircraft to conduct sim ilar aerial operations. As such, operation of

the DJI Phantom 3 UAS will allow United States base d companies, like Finnamex, Inc., to remain competitive and contribute to growth of the U.S. economy. Specifically, with the rising

cost of aviation fuel and the Environmental Protect ion Agency (“EPA”) regulatory actions phasing out leaded aviation fuels, U.S. owned and o perated companies must adopt new and alternative technology in order to remain competiti ve. Operating the battery powered DJI Phantom 3 UAS is one such technology that not only allows companies greater operational flexibility compared to manned aircraft, but provid es such flexibility without the high operational cost of a traditional manned aircraft.

By operating the DJI Phantom 3 UAS, companies such as Finnamex, Inc., can remain competitive and profitable, and therefore, provide greater job stability to employees and contractors, which will ultimately contribute to gr owth of the U.S. economy. Improved financial performance of U.S. companies, through commercial u se of the DJI Phantom 3 UAS, provides a stable workforce that increases consumer spending; improves local, state, and federal tax revenues; and allows companies to invest in researc h and development in order to remain competitive both in the United States and abroad.

4. There Are No Privacy Issues.

Similar to the manned aerial acquisition flight ope rations that have been conducted for decades, Finnamex, Inc. proposed operation of the DJI Phanto m 3 UAS will not implicate any privacy issues. Specifically, the DJI Phantom 3 UAS will be operated only in compliance with operating documents which requires property owner involvement as well as local law enforcement notification, and in accordance with the Federal Av iation Regulations, including the minimum altitude requirements of 14 C.F.R. § 91.119.

E. The Reasons Why Granting The Exemption Would Not Adversely Affect Safety, Or How The Exemption Would Provide A Level Of Safety A t Least Equal To That Provided By The Rule From Which Finnamex, Inc. Seeks Exempti on.

1. Reasons Why The DJI Phantom 3 UAS Meet The Condi tions Of The FAA Modernization and Reform Act of 2012 (FMRA) Section 333.

In consideration of the size, weight, speed, and li mited operating area associated with the unmanned aircraft and its operation, Finnamex, Inc. ’s operation of the DJI Phantom 3 UAS meet the conditions of FMRA Section 333, and will not re quire an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H.

Section 333 provides authority for a UAS to operate without airworthiness certification and sets forth requirements for considering whether a UAS wi ll create a hazard to users of the NAS or the public, or otherwise pose a threat to national secu rity. Specifically, FMRA Section 333 states the following, in part:14 (a) In General.--Notwithstanding any other requirem ent of this subtitle, and not later than 180 days after the date of enactment of this A ct, the Secretary of Transportation shall determine if certain unmanned aircraft system s may operate safely in the national airspace system before completion of the p lan 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 ma king the determination under subsection (a), the Secretary shall determine, at a minimum--

(1) which types of unmanned aircraft systems, if an y, 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 po se 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 air craft systems identified under paragraph (1).

(c) Requirements for Safe Operation.--If the Secret ary 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, Finnamex, Inc. submits t hat the DJI Phantom 3 UAS can operate safely in the NAS pursuant to FMRA Section 333, as demonstrated by: (a) the characteristics of the DJI Phantom 3 UAS; (b) the pilot certification requirement; and (c) the specific operating

limitations.

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

The DJI Phantom 3 UAS does not create a hazard to u sers 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 UA S.

The technical specifications of the DJI Phantom 3 U AS are set forth by the DJI Phantom 3 User Manual, attached hereto as Appendix A.

ii. The DJI Phantom 3 UAS Global Positioning Modes Enable The UAS To Remain Within A Defined Operational Area.

The DJI Phantom 3 UAS may be operated in both manua l and global positioning flight modes. A complete description of the flight and navigational modes of the DJI Phantom 3 UAS is provided at pages 11 of the DJI Phantom 3 User Manual attach ed hereto as Appendix A.

iii. The DJI Phantom 3 UAS Are Designed For Automat ic Return To Home Point
Or Hover In The Event Of Loss Of The Control Link O r Navigation.15

When the Control Link is lost, the DJI Phantom 3 UA S will remain stationary, in flight, for 3 seconds or more. If, after 3 seconds, the DJI Phant om 3 UAS does not reacquire control link data from the GCS, the UAS will assume that the Control Link is lost and the will return to the home position (i.e., failsafe mode) via GPS, and will de scend to the takeoff position and shutdown.

A complete description of the Failsafe Functions of the DJI Phantom 3 UAS are set forth at pages 12 through 14 of the DJI Phantom 3 User Manua l, attached hereto as Appendix A.

iv. The DJI Phantom 3 GCS And Its Operation.

A complete description of the operation and specifi cations of the DJI Phantom 3 GCS and flight control software is provided at pages 23 through 29 of the DJI Phantom 3 User Manual. DJI Phantom 3 User Manual is attached hereto as Appendi x A.

b. Flight Operations Of DJI Phantom 3 UAS Is Limite d To The Line Of Sight Of A Certificated Pilot in Command With A Safety Observe r.

Finnamex, Inc.’s video production staff will be the only persons to act as a pilot in command (PIC) of the DJI Phantom 3 UAS. Additionally, a saf ety observer will assist him at all times during flight time.

c. Flights Of DJI Phantom 3 UAS Will Be Conducted P ursuant To Specific Operating
Limitations.

In seeking this exemption, Finnamex, Inc. proposes to commercially operate DJI Phantom 3 UAS for the special purpose of conducting aerial vi deo and photography over certain areas of United States, pursuant to the following specific o perating limitations.

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

2. UAS operations under this exemption will be limi ted to conducting operations for the purpose of aerial video and photography.

3. The UAS may not be flown at an indicated a irspeed exceeding 20 knots.

4. The UA must be operated at an altitude of no mor e than 400 feet above ground level (AGL), as indicated by the procedures specified in the operating documents unless a special request is made and approved by ATC. All al titudes reported to ATC must be

in feet AGL.

5. The UAS must be operated within visual line of s ight (VLOS) of the PIC at all times. This requires the PIC to be able to use huma n vision unaided by any device16 other than corrective lenses, as specified on the P IC’s FAA-issued airman medical

certificate.

6. The use of first person view (FPV) by the PIC or safety observer (SO) is not permitted.

7. All operations must utilize a safety observer (S O). The SO may be used to satisfy the VLOS requirement as long as the PIC always main tains VLOS capability. The SO and PIC must be able to communicate verbally at all times. Electronic messaging or texting is not permitted during flight operations. The PIC must be designated before the flight and cannot transfer his or her designati on for the duration of the flight. The PIC must ensure that the SO can perform the functio ns prescribed in the operating

documents.

8. The SO must not perform any other duties beyond assisting the PIC with seeing and avoiding other air traffic and other ground based o bstacles/obstructions and is not permitted to operate the camera or other instrument s.

9. The operating documents and the grant of exempti on must be accessible during UAS operations and made available to the Administra tor upon request. If a discrepancy exists between the conditions and limit ations contained in the grant of exemption and the procedures outlined in the operat ing documents, the conditions and limitations contained in the grant of exemption tak e 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 op erating documents. It is the operator’s responsibility to track such revisions a nd present updated and revised documents to the Administrator upon request. The op erator 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 upda te or revision would affect the basis upon which the FAA granted the exemption, the n the operator must petition for amendment to its grant of exemption. The FAA’s UAS Integration Office (AFS-80) may be contacted if questions arise regarding updat es or revisions to the operating

documents.

10. Prior to each flight the PIC must inspect the U AS to ensure that it is in a condition for safe flight. If the inspection reveals a condit ion 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 cond ition for safe flight. The Ground Control Station must be included in the preflight i nspection. All maintenance and alterations must be properly documented in the airc raft records.

11. Any UAS that has undergone maintenance or alte rations that affect the UAS operation or flight characteristics, e.g. replaceme nt 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.17 12. The pre-flight inspection must account for all potential discrepancies, e.g. inoperable components, items, or equipment, not alr eady 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, in spections, and record keeping requirements, in accordance with the operating docu ments. Maintenance, inspection, alterations, and status of replacement/overhaul com ponent parts must be noted in the aircraft records, including total time in service, description of work accomplished, and the signature of the authorized person returnin g the UAS to service.

15. Each UAS operated under this exemption must com ply 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 betwe en inspections.

17. The PIC must possess at least a private pilot c ertificate and at least a current thirdclass medical certificate.

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

UAS in a manner consistent with how the UAS will be operated under the exemption, including evasive and emergency maneuvers and maint aining appropriate distances from persons, vessels, vehicles and structures. PIC qualification flight hours must be logged in a manner consistent with 14 C.F.R. § 61.5 1(b). Flights for the purposes of training the operator’s PICs are permitted under th e terms of the exemption. However, training operations may only be conducted during dedicated training sessions. During training, proficiency, and experie nce-building flights, all persons not essential for flight operations are considered nonp articipants, and the PIC must operate the UA with appropriate distance from nonpa rticipants in accordance with 14 C.F.R. § 91.119.

19. UAS operations may not be conducted during nigh t, as defined in 14 C.F.R. § 1.1. All operations must be conducted under visual meteo rological 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 cha rt unless a letter of agreement with that airport’s management is obtained, and the operation is conducted in accordance with a NOTAM as required by the operator ’s COA. The letter of agreement with the airport management must be made available to the Administrator
upon request.18 21. The UA may not be operated less than 500 feet b elow or less than 2,000 feet horizontally from a cloud or when visibility is les s than 3 statute miles from the PIC.

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

23. The PIC must abort the flight in the event of u npredicted obstacles or emergencies in accordance with the operating documents.

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

25. The operator must obtain an Air Traffic Organiz ation (ATO) issued Certificate of Waiver or Authorization (COA) prior to conducting a ny operations under the grant of exemption. This COA will also require the operator to request a Notice to Airman (NOTAM) not more than 72 hours in advance, but not less than 48 hours prior to the operation. All operations shall be conducted in acc ordance 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 ex emption must be identified by serial number, registered in accordance with 14 C.F.R. par t 47, and have identification (NNumber) 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 frequen cy spectrum used for operation and control of the UA must comply with the Federal Communications Commission (FCC) or other appropriate government oversight age ncy requirements.

28. The documents required fewer than 14 C.F.R. 91. 9 and 91.203 must be available

to the PIC at the Ground Control Station of the UAS any time the UAS is operating.

These documents must be made available to the Admin istrator or any law enforcement official upon request.

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

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

31. Flight operations must be conducted at least 50 0 feet from all nonparticipating persons (persons other than the PIC, SO, operator t rainees or essential persons), vessels, vehicles, and structures unless:

a. Barriers or structures are present that sufficie ntly protect nonparticipating persons from the UA and/or debris in the event of a n accident. The operator must ensure that nonparticipating persons remain un der such protection. If a19 situation arises where nonparticipating persons lea ve such protection and are within 500 feet of the UA, flight operations must c ease immediately and/or;

b. The aircraft is operated near vessels, vehicles or structures where the owner/controller of such vessels, vehicles or struc tures has granted permission and the PIC has made a safety assessment of the ris k of operating closer to those objects and determined that it does not prese nt an undue hazard, and;

c. Operations nearer to the PIC, SO, operator train ees 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 author ized representative. Permission from land owner/controller or authorized representa tive will be obtained for each flight to be conducted.

33. Any incident, accident, or flight operation th at transgresses the lateral or vertical boundaries of the operational area as defined by th e applicable COA must be reported to the FAA's UAS Integration Office (AFS-80) within 24 hours. Accidents must be reported to the National Transportation Safety Boar d (NTSB) per instructions contained on the NTSB Web site: www.ntsb.gov.

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

Finnamex, Inc. submits that the equivalent level of safety established by Section 61.113(a) and (b) will be maintained because no PIC will be allow ed to operate the DJI Phantom 3 UAS unless that PIC has demonstrated, by meeting minimum fligh t-hour and currency requirements, that the PIC is able to safely operate the DJI Phantom 3 UAS in a manner consistent with the exemption, including evasive and emergency maneuvers and maint aining appropriate distances from people, vessels, vehicles and structures.

Considering Finnamex, Inc.’s proposed area of opera tions, and the operating limitations set forth-above; the parallel nature of private pilot a eronautical knowledge requirements to those of commercial pilot requirements (See Exemption No. 11 062); and the airmanship skills necessary to safely operate the DJI Phantom 3 UAS, Finnamex, Inc. submits that the additional manned airmanship experience of a commercially certificate d pilot would not correlate to the airmanship skills necessary for Finnamex, Inc.’s specific prop osed 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, 11 109, 11110, 11112, 11136, 11138, 11150, 11153, 11156, 11158, 11159, 11160, 11161).

Finnamex, Inc. will not allow any PIC to operate th e DJI Phantom 3 UAS unless that PIC has demonstrated, by meeting minimum flight-hour requir ements or the DJI Phantom 3 UAS training20

and currency requirements, that the PIC is able to safely operate the DJI Phantom 3 UAS in a manner consistent with this exemption, including ev asive and emergency maneuvers and maintaining appropriate distances from people, vess els, vehicles and structures.

Specifically, the PIC must have accumulated and log ged, in a manner consistent with 14 C.F.R. § 61.51(b), 25 hours of total time as a UAS rotorcraf t pilot (with a minimum of 5 hours of those hours as a UAS pilot operating the same make and mo del of UAS to be used for operations under the exemption). In addition to the hour requirement s, the PIC must accomplish 3 takeoffs and landings in the preceding 90 days (for currency pur poses).

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 Finnamex, Inc.’s proposed operations. The Ad ministrator has held that prior documented flight experience that was obtained in compliance w ith 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 opera tions), the PIC must have accumulated and logged, in a manner consistent with 14 CFR 61.5 1(b), 25 hours of total time as a UAS rotorcraft pilot including at least 10 hours lo gged as a UAS pilot with a multi-rotor UAS. Prior to operations under Exemption No. 11062, the PIC must also have accumulated and logged a minimum of 5 hours as a UA S pilot operating the same make and model of UAS to be used for operations under th e 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 U AS rotorcraft time. In addition to the hour requirements, the PIC must accomplish 3 takeof fs and landings in the preceding 90 days (for currency purposes). The FAA finds that at a minimum, the flight-hour requirements in Exemption No. 11062 are appropriate to practice and build proficiency in the skills necessary to safely conduct the petition er’s proposed operations. The FAA also finds that prior documented flight experience that was obtained in compliance with applicable regulations would satisfy this requireme nt. Training, proficiency, and experience-building flights can also be conducted u nder the grant of exemption to accomplish the required flight time. During trainin g, proficiency, and experience-building flights the PIC is required to operate the UA with appropriate distances in accordance
with 14 C.F.R 91.119.

Exemption No. 11138 at page 15.

Accordingly, Finnamex, Inc. will ensure safe operat ions by not allowing any PIC to operate the DJI Phantom 3 UAS unless that PIC has demonstrated, by meeting minimum flight-hour and currency requirements, that the PIC is able to safe ly operate the DJI Phantom 3 UAS in a manner consistent with the exemption, including evasive an d emergency maneuvers and maintaining appropriate distances from people, vessels, vehicle s and structures.21

3. Reasons Why An Exemption From The Requirements O f Section 91.7(a) Would Not Adversely Affect Safety.

The equivalent level of safety established by Secti on 91.7(a) will be maintained because prior to every flight, Finnamex, Inc. will ensure that the D JI Phantom 3 UAS is in an airworthy condition based upon the UAS’s compliance with its operating documents 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. 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11 109, 11110, 11112, 11136, 11138, 11150, 11153, 11156, 11157, 11158, 11159, 11160, 11161).

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

The equivalent level of safety established by Secti on 91.121 will be maintained because the

altitude information of the DJI Phantom 3 UAS will be provided to the PIC via GPS equipment and a radio communications telemetry data link, whi ch downlinks from the UA to the GCS for active monitoring of the flight path and altitude. This altitude information, combined with Finnamex, Inc.’s operation of the DJI Phantom 3 UAS within visual line of sight, at or below 500 feet AGL, will ensure a level of safety equival ent to Section 91.121. The altitude information will be generated by GPS equipment inst alled onboard the aircraft. Prior to each flight, a zero altitude initiation point is automat ically 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 present ed herein (e.g. Exemption Nos. 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11112, 11 136, 11138, 11150, 11153, 11156, 11157, 11158, 11159, 11160, 11161).

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

A grant of this exemption would ensure an equivalen t level of safety established by 14 C.F.R. Section 91.151(b) as a result of (1) the technical specifications of the DJI Phantom 3 UAS; (2) the limitations on the proposed flight operations; and (3) the location of the proposed flight operations. Accordingly, Finnamex, Inc. will ensure that it will safely operate the battery powered DJI Phantom 3 UAS during daylight hours in VFR conditions, with enough battery power to fly for a total duration of 23 minutes.

Here, as in Exemption No. 11109, the technical spec ifications of the DJI Phantom 3 UAS; the limitations on the proposed flight operations; and the location of the proposed operations, will22

ensure an equivalent level of safety established by 14 C.F.R. Section 91.151(b). Furthermore, safety will be ensured as the DJI Phantom 3 UAS pro vide audible and visual warnings to the PIC at the GCS when the UAS experiences low battery vol tage, the first warning occurring at approximately 33% remaining battery power, and agai n at approximately 10% remaining battery power. At the critically low battery level, the DJI Phantom 3 UAS will descend and land automatically.

Significantly, previous exemptions granted by the F AA concerning Section 91.151 establish that safety is not adversely affected when the technical characteristics and operating limitations of the UAS are considered. Relief has been granted for man ned aircraft to operate at less than the minimums prescribed in Section 91.151, including Ex emption Nos. 2689, 5745, and 10650. Moreover, the FAA has previously granted relief fro m 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, 110 65, 11066, 11067, 11080, 11109, 11110, 11136, 11138, 11150, 11153, 11156, 11157, 11158, 11 159, 11160, 11161).

6. Reasons Why An Exemption From The Requirements O f 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, Finnamex, Inc. submits t hat the equivalent level of safety with regard to the regulatory maintenance and alteration requir ements 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 Finnamex, Inc. will use trained technicians to perform maintenance , alterations, or preventive maintenance on the UAS using the methods, techniques, and practice s prescribed in the operating documents. Furthermore, Finnamex, Inc. will document and maint ain all maintenance records for the DJI

Phantom 3 UAS.

Since the DJI Phantom 3 UAS will be inspected as pr escribed by the operating documents, Finnamex, Inc. will maintain the equivalent level of safety established by Sections 91.405(a), 91.409(a)(1), and 91.409(a)(2). A copy of the DJI P hantom 3 User Manuals are attached hereto as Appendix A and B; a copy of the DJI Phantom 3 UA S Maintenance LOG is attached hereto as Appendix C.

Likewise, the exemption sought will not adversely a ffect safety because Finnamex, Inc. will use trained technicians to perform maintenance, alterat ions or preventive maintenance on the UAS using the methods, techniques, and practices prescr ibed by the operating documents.

Furthermore, the exemption sought would maintain an equivalent level of safety established by Sections 91.407, 91.417(a) and 91.417(b), because a ll maintenance of the DJI Phantom 3 UAS will be performed by trained technicians. Maintenan ce will be documented and maintained utilizing the monthly maintenance log.23

Significantly, previous exemptions granted by the F AA concerning Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b) establish that safety is not adversely affected when the technical characteristics and ope rating limitations of the UAS are considered.

In consideration of Finnamex, Inc.’s proposed opera ting limitations, the operating documents, and the technical aspects of the DJI Phantom 3 UAS, Finnamex, Inc. 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). Th e FAA has previously granted relief specific to UAS in circumstances similar, in all material re spects, to those presented herein (e.g. Exemption Nos. 11062, 11063, 11064, 11065, 11066, 1 1067, 11080, 11109, 11110, 11112, 11136, 11138, 11150, 11153, 11156, 11157, 11158, 11 159, 11160, 11161).

7. The FAA May Prescribe Any Other Conditions For S afe Operation.

In accordance with Section 333 of the FAA Moderniza tion and Reform Act of 2012 (FMRA) and 14 C.F.R. § 21.16 entitled Special Conditions, Finnamex, Inc. requests that the FAA prescribe special conditions for the intended opera tion of the DJI 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 certai n areas of the United States for compensation or hire. FMRA Section 333 sets forth t he 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 s uch UAS to operate without airworthiness certification in accordance with any requirements t hat must be established for the safe operation

of the UAS in the NAS.

Likewise, the Administrator may prescribe special c onditions pursuant to 14 C.F.R. § 21.16, for operation of the DJI Phantom 3 UAS, si nce the airworthiness regulations of 14 C.F.R. Part 21 do not contain adequate or appropria te 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 air craft, 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 the reto 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 prop eller as the FAA finds necessary to establish a level of safety equivalent to that esta blished 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 int ended operation of the DJI Phantom 3 UAS,24

which contain such safety standards that the Admini strator 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 Sections 61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 91.405 (a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b).

• A Summary That Can Be Published In The Federal Register, stating: The Rules From Which Finnamex, Inc. Seeks Exemption:

Finnamex, Inc

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

A Brief Description Of The Nature Of The Exemption Finnamex, Inc. Seeks:

This exemption will permit Finnamex, Inc. to commercially operate an Unmanned Aircraft System (UAS) for the purpose of conducting aerial video and photography over certain areas of the United States.

• Additional Information, Views, Or Arguments Ava ilable To Support Finnamex, Inc.’s Request.

This Petition is made pursuant to the FAA Moderniza tion and Reform Act of 2012

(FMRA) Section 333, which directs the Secretary of Transportation to determine if certain UAS may operate safely in the NAS. As such, Finnamex, I nc.’s request for exemption may be granted pursuant to the authority of FMRA Section 333 and 1 4 C.F.R. Part 11, as set forth above.

FMRA Section 333 sets forth the requirements for co nsidering whether a UAS will create a hazard to users of the NAS or the public, or otherw ise pose a threat to national security; and further, provides the authority for such UAS to ope rate without airworthiness certification.

As discussed in detail above, Finnamex, Inc. will o perate the DJI Phantom 3 UAS safely in the NAS, without creating a hazard to users of the NAS, or the public, or otherwise pose a threat to national security.

CONCLUSION

As set forth herein, Finnamex, Inc. seeks an exempt ion pursuant to 14 C.F.R. § 11.61 and

Section 333 of the FAA Modernization and Reform Act of 2012 (FMRA), which will permit safe operation of the DJI Phantom 3 UAS commercially, wi thout an airworthiness certificate, for the limited purpose of conducting aerial video and phot ography over certain areas of the United States. By granting this Petition, the FAA Administ rator will be fulfilling the Congressional

mandate of the FAA Modernization and Reform Act of 2012, while also advancing the interests25

of the public, by allowing Finnamex, Inc. to safely , efficiently, and economically operate the DJI Phantom 3 UAS commercially within the NAS.

WHEREFORE , in accordance with the Federal Aviation Regulatio ns and the FAA Modernization and Reform Act of 2012, Section 333, Finnamex, Inc. respectfully requests that the Administrator grant this Petition for an exempt ion from the requirements of 14 C.F.R Sections 61.113(a) & (b), 91.7(a), 91.121, 91.151(b ), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b), and permit Finnamex, I nc. to operate the DJI Phantom 3 UAS commercially for the purpose of conducting aerial v ideo and photography over certain areas of

the United States.

Dated: December, 7 2015

Respectfully submitted,

Martti Silvola

President Finnamex, Inc.

2910 Rainbow Glen Rd. Fallbrook, CA 92028 (760)403-5236

martti@finnamex.com

Appendices :

A – Link to DJI Phantom 3 Manual: Click on link be low

http://download.djiinnovations.com/downloads/phantom_3/en/Phantom_3_Pr ofessional_User_Manual_v1.2_en.pdf