December 28,2015

U. S. Department of Transportation

Docket Management Operations

West Building Ground Floor, Room W12-140

1200 New Jersey Ave, SE Washington, DC 20590

RE: Propelled Media Group, Inc.'s Request An Exemption From The Requirements of Title 14 of The code of Federal Regulations l4 c.F.R. a5.23(b);14 cFR part2l; l4 cFR 6l.l l3 (a) & (b); 91 .7 (a);

91.9 (b) (2);et.l03(b); 91.109;e1.il9; st.t2t; 9l.l5r(a); 9t .203(a)&(b);el .405 (a);el.407(a)(1);

9t.409 (a) (2);9t.417 (a) & (b).

Dear Sir orMadam:

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (the

Reform Act) and 14 C.F.R. Part 11, Propelled Meclia, LLC, ("Propelled Media', herein

after), a professional photography lirm, hereby applies for an exemption liom the listed

Federal Aviation Regulations ("FARs") to allow commercial opiration of its Small

Unmanned Aircrall Systems ("sUASs") fur aerial photography unJ viileography, so long

as such operations are conducted within ancl uncler the conilitions outlined herein or as

may be established by the FAA asrequirecl by Section 333.

As detailed in this document and the attacheil Manual, the requested exemption

would permit the operation of stIAS under controlled cor-rditions in airspaoe that is

1) Iimited 2) predetermined 3) controlled as to access and 4) would provide saf.ety

enhancements to the already best practices safety protocols followed by propelled

Media at each oue of its aerial photography sites. Approval of this exemptiol would

thereby enhance safbty and fullill the Secretary of Transportation's (the FAA

Administrator's) responsibilities to "...establish requirements for the safb operation of such

aircraft systems in the national airspace system." Seotion 333(c) of tlre Reiorm Act.

l['he names and addresses of the applicants are as follows:

Mr. Austin M. Price, President

Mr. Ronald W. Kots, Treasurer

Propelled Media Group, Inc.

10502Iron Point Circle

Reno, Nevada 89521

Mr, Ronald W. Kots (775)223-3429

Mr. Austin M. Price (775) 636-1296

Email : I i fteel im*S"ex({,Ijgrua i I "c$r:t

Propelled Media Group Inc.'s Petitionfor 333 Exemption
TABLE OF'CONTENTS

Page

GLOSSARY OF ABBREVIATIONS... ........3

REGULATIONS FROM WHICH EXEMPTIONS ARE REQUESTED... ..........3

suMMARy............... ..................4

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

BACKGRO[rND......... .................4

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

NAME AND ADDRESS OF PETITIONERS..... .............6

THE SPECIFIC SECTIONS OF 14 C.F.R. FROM WHICH PROPELLED MEDIA GROUP.

INC. SEEKS EXEMPTION........... .,.,,,,,,,,,,,..7

THE EXTENT OF RELIEF PROPELLED MEDIA GROUP, INC. SEEKS AND THE REASON

PROPELLED MEDIA GROUP, INC. SEEKS THE

RELIEF. ........,10

THE REASONS WHY GRANTING PROPELLED MEDIA GROUP, INC. REQUEST

*"::::: ^ 

l:'PUBLrc 

TNTEREST

rHE REAS'NS w;; ;ilr^;;r, ;;;r;;;t;;;;r;;" ;; ;;,

INC. WOULD NOT ADVERSELY AFFECT SAFETY ..................14

SUMMARY THAT CAN BE PUBLISHED IN THE FEDERAL REGISTER.....,.,,.,,.,,.,.,.25

ANY ADDITIONAL INFORMATION, VIEWS, OR ARGUMENTS AVAILABLE TO

SUPPORT PROPELLED MEDIA GROUP. INC.

REQUEST ..................2s

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

APPENDICES.... ...,,..,27

Propelled Media Group Inc.'s Petitionfor 333 Exemption
AGL

AOI

ATC

ATO

AV

CFR

COA

FAA

FAR

GCS

GPS

LOL

NAS

NOTAM

PIC

Section 333

SO

SOP

UA

UAS

VFR

VLOS

VMC

VTOL

GLOSSARY OF ABBREVIATIONS

Above Ground Level

Area of Interest

Air Traffic Control

Air Traffi c Or ganization

Aerial Vehicle

Code of Federal Regulations

Certifi cate of Authorization

Federal Aviation Administration

Federal Aviation Regulation

Ground Control Station

Global Positioning System

Loss of Link

National Airspace System

Notice to Airman

Pilot In Command

FAA Modenizationand Reform Actof 2012 (FMRA)

Safety Observer

Standard Operating Procedures

Unmanned Aircraft

Unmanned Aircraft System

Visual Flight Rules

Visual Line of Site

Visual Meteorological Conditions

Vertical Takeoff and Landins

Regulations from wliich the exemption isrequested:

I4 C,F.R. Part2l

l4 c.F.R.4s.23(b)

14 C.F.R. 61 . I l3 (a) & (b)

l4 C.F.R. 91.7 (a)

r4 c.F,R. e1.9 (b) (2)

t 4 c.F.R. 9l . I03

14 C.tr.R.91.109

l4 c.F.R.91.119

l4 c.F.R.91.121

l4 C.F.R.91.lsl (a)

14 C.F.R. el.203 (a) & (b)

14 C.F.R. 91.405 (a)

14 C.F.R. a07 @) (1)

14 c.F.R. aje @)(2)

l4 C.F.R. al7 (a) & (b)

Propelled Media Group Inc.'s Petitionfor 333 Exemption
SUMMARY

Propelled Media Group, Inc. hereafter referred to as Propelled Media Group, seeks exemptions

from the requirements of 14 C.F.R part 2r, $$ 45.23 (b), 61.113(a) & (b), 9r.7(a), gr.72t,

91.151(b),91.405(a), 9r.a07@)Q),9r.409(axr) & (a)(2), and 91 ,afi@) & (b), to operate an

Unmanned Aircraft System (DJI Phantom 3 Professional) pursuant to Section 333 of the FAA

Modernization and Reform Act of 2012 (FMRA). This exemption will permit Propelled Media

Group, Inc' to operate an Unmanned Aircraft System (UAS) for the commercial purpose of

conducting aerial video and photography of construction sites, residential and commercial real

estate, civil landscapes and events over certain areas of the United States.

INTRODUCTION AND INTERESTS OF THE PETITIONER

Propelled Media Group, Inc. has provided their clients (which include private sector businesses

and non-profits, along with local state and federal agencies) with expertise and knowledge in

video and multimedia marketing, advertising, public relations and training using advanced

technologies and solutions. Propelled Media Group, Inc. has worked in all types of locations

with a perfect client and employee safety record. In the past we have supplied our client's aerial

video and photography using commercial aircraft. The objective of Propelled Media Group, Inc.

and our Unmanned Aircraft System (DJI Phantom 3 Professional) aerial operations is to provide

a more affordable, high-quality production system for a variety of governmental, commercial,

public, and residential uses, specifically targeting:

. Construction sites before and after

. Appraisals

. Real-estate marketing

. Economic development

. Civic landmarks

. Aerial photography

. Aerial videography

Propelled Media's staff has safely flown small, RC, electric quadcoptersecreationally for over two

(2) years without incident.

BACKGROUND

Unmanned Aircraft Systems: DJI Phantom 3 professional. UAS

Propelled Media Group, Inc. seeks an exemption to operate DJI Phantom 3 Professional system

for compensation, or hire, within the NAS. The DJI Phantom 3 Professional is vertical takeoff

and landing (VTOL) Unmanned Aircraft (UA) with a Ground Control Station (GCS) utilizing

electronic tablet or smart phone systems. The DJI Phantom 3 Professional has a maximum gross

weight of approximately 2.8lb. while having a diagonal dimension of 23.2", a maximum speed

of approximately 16.4'fps and a maximum flying height of 400'. The DJI Phantom 3

Professional is equipped with four main rotors; driven by Lithium Polymer battery powered

electric motors.

Propelled Media Group Inc.'s Petitionfor 333 Exemption
The DJI Phantom 3 Professional that will be operated by Propelled Media Group, Inc. will be

registered in accordance with 49 U.S.C. 44103, Registration of Aircraft as well as 14 C.F.R parl

47, Aircraft Registration, and marked in accordance with 14 C.F.R. part 45, Identification and

Registration Marking,

BASIS FOR PETITION

Petitioner, Propelled Media Group, Inc., pursuant to the provisions of the Federal Aviation

Regulations (14 C'F.R. $ 1 i.61) and the FAA Modernization and Reform Act of 2012 (FMRA),

Section 333, Special Rules for Certain (lnmanned Aircraft Systems, hereby petitions the

Administrator to commercially operate the DJI Phantom 3 Professional, UAS in the National

Airspace System (NAS), and for an exemption from the requirements of 14 C.F.R $$ 61.113(a)

& (b), 91.7(a),9r.r21,91.isi(b), 9t .405(a),9t.a07@)(t),91.409(aX1) & (a)(2), and.91.al7@)

& (b).

In consideration of the speed, weight, size, and limited operating area associated with the

unmanned afu$aft and its operation, Propelled Media Group, Inc. operation of DJI phantom 3

Professional UAS meets the conditions of FMRA Section 333 and therefore, will not require an

airworthiness certificate in accordance with 14 c.F.R. part2r, Subpart H.

Accordingly, Propelled Media Group, Inc. requests relief from Sections 91.405(a),91.407(a)(l),

9l'a09@)Q) & @)(2), and 9l.al7@) & (b), as these sections set forth requirement, fo,

maintenance that only apply to aircraft with an airworthiness certificate.

Propelled Media Group, Inc. submits that the requested relief is proper since an equivalent level

of safety will be ensured. Propelled Media Group, Inc. will use experienced personnel or

technicians to perform maintenance, alterations, or preventive maintenance on the UAS using the

methods, techniques, and practices prescribed in the operating documents (i.e., Monthly

Maintenance Log, and DJI Phantom 3 Professional Instruction Manual). Furthermore, propelled

Media Group, Inc' will document and maintain all maintenance records for the DJI Phantom 3

Professional UAS.

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

and limitations" Pilot in command, is requested by Propelled Media Group, Inc. to the extent

necessary to allow a Pilot in Command (PIC) holding a private pilot or higher level certificate, as

well as an airman medical certificate, and who has demonstrated, by meeting minimum flighthour and currency requirements, that the PIC is able to safely operate the DJI Phantom UAS in a

manner consistent with this exemption, including evasive and emergency maneuvers and

maintaining appropriate distances from people, vessels, vehicles and structures.

Propelled Media Group, Inc. seeks relief from Section 91.7(a), entitled Civit aircraft

airworthiness, becaqse the DJI Phantom 3 Professional UAS do not require an airworthiness

certificate in accordance with 14 C.F.R. Part2l, Subpart H. As such, Propelled Media Group,

Inc. submits that they will ensure that the DJI Phantom 3 Professional UAS is in an airworthy

condition, prior to every flight, by determining that the UAS is in compliance with the operating

Propelled Media Group Inc.'s Petitionfor 333 Exemption
documents (i'e., Monthly Maintenance Log, and DJI Phantom 3 Professional Instruction

Manual), and that the aircraft are in a condition for safe flight.

Propelled Media Group, Inc. also seeks an exemption from the requirements of Sectio n91.127,

entitled Altimeter Settings, as the DJI Phantom 3 Professional UAS will not have a typical

barometric altimeter onboard. However, altitude information of the DJI phantom 3 professional

UAS will be provided to the PIC via Global Positioning System (GPS) equipment and radio

communications telemelry data link, which downlinks from the UA to the GCS for active

monitoring of the flight path. This altitude information, combined with Propelled Media Group,

Inc. operation of the DJI Phantom 3 Professional UAS within visual line of sight, at or below

400 feet AGL, will ensure a level of safety equivalent to section gr.121.

Additionally, Propelled Media Group, Inc. seeks an exemption from the requirements of Section

91 ' 15 1(b), entitle d Fuel requirements for flight in VFR conditions. Propelled Media Group, Inc.

submits that safety will not be affected by operation of the DJI Phantom 3 professional UAS

during daylight hours in visual meteorological conditions (VMC) under visual flight rules

(VFR), with enough battery power to fly for a total duration of approximately 23 minutes.

Battery power indicators are also able to show exactly how much battery power is left, as well as

how much time is needed to return safely back to point of take-off.

In accordance with 14 C.F.R. $ 11.81, Propelled Media Group, Inc. provides the following

information in support of its petition for exemption:

A. Nameo Address, Telephone Numberso &Email of rhe petitioners.

The names and addresses ofthe Petitioners and point of contact are:

Mr. Ronald W. Kots

Mr. Austin M. Price

Co-Presidents

Propelled Media Group, Inc.

10502 Iron Point Circle

Reno, Nevada 89521

775-223-3429 -Mr. Ronald W. Kots

775-636-1296 - Mr. Austin M. Price

lift edimage z@gmail. com

Propelled Media Group Inc.'s Petitionfor 333 Exemption
B. The Specific Sections Of 14 C.F.R. From Which Propelled Media Group, Inc. Seeks

Exemption.

1. Propelled Media Group, Inc. Seeks Exemption From The Requirements Of Section

61.113(a) And (b).

Section 61.113, entitled Private pilot privileges and limitations: Pilot in command.

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

(a) Except as provicled in palagraphs (b) thuough (li) ol this section, no person who

holds aprivate pilot certificate may act as a pilot in command (PIC) of an aircra that

is canying 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 property for compensation or hire.

2. Propelled Media Group, Inc. Seeks Exemption From The Requirements Of Section

9r.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.

3. Propelled Media Group, Inc. Seeks Exemption From The Requirements Of Section

9l.lzt.

Section 91.12I, entitled Altimeter settings, subsection (a), states the following, in paft:

(a) Each person operating an airuaft shall maintain the cruising altitude or flight level

of that airc.;":aft, as the case may be, by reference to an altimeter that is set, when

operating--

(1) Below 18,000 feet MSL, to--

(i) The current reported altimeter setting of a station along the route and

within 100 nautical miles of the aircraft;

(ii) If there is no station within the area prescribed in paragraph (a)(l)(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.

Propelled Media Group Inc.'s Petitionfor 333 Exemption
4' Propelled Media Group, Inc. Seeks Exemption From The Requirements Of Section

e1.1s1(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 forecqst weather conditions) there is enough fuel to /ty to the

first point of intended landing and, assuming normal cruising spied, to fly after that

for at least 20 minutes.

5' Propelled Media Group, Inc. Seeks Exemption From The Requirement Of Section 91.a0s(a).

Section 91.405, entitled Maintenance required, subsection (a), states the following: Each

owner or operator of an aircraft_

(a) Shall have that aircraft inspected as prescribed in subpart E ofthis 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 chapterf.]

6. Propelled Media Groupo Inc. Seeks Exemption From The Requirements Of Section er,a07@)(r)

Section 9L407, entitled Operation after maintenance, preventive maintenance,

rebuilding, or alteratiorz, subsection (a)(1), states the following:

(a) No person may operate any aircraft that has undergone maintenance, preventive

maintenance, rebui ldin g, or alter ati on unle s s- -

(1) It has been approved for return to service by a person authorized under

of this chapter[.]

7. Propelled Media Group, Inc. Seeks Exemption From The Requirements Of Sections

e1.409(a)(1) And 91.aOe(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

airqaft unless, within the preceding 12 calendar months, it has had --

(1) An annual inspection in accordance with part43 of this chapter and has been

approved for return to service by a person authorized by $ 43.7 ofthis chapter; or

(2) An inspection for the issuance of an airworthiness certificate in accordance

with part 21 of this chapter.

s 43.7

Propelled Media Group Inc.'s Petitionfor 333 Exemption
8' Propelled Media Group, Inc. Seeks Exemption From The Requirements Of Sections

9r.4r7 (a) And 91.41 7(b).

Section 9I'411, entitled Maintenance records, subsections (a) and (b), state the

following:

(a) Except for work performed in accordance with $$ 91.411 and gl,4l3, each registered owner

or operator shall keep the following records for the periods specified in paragraph (b) of this

section:

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

1O0-hour, annual, progressive, and other required or approved inspections, as appropriate,

for each aircraft (including the airframe) and each engine, propellero 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 information:

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

each rotor.

(ii) The curent 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 cument inspection status of the afuqaft, 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 compliance, the AD or safety

directive number and revision date. If the AD or safety directive involves

recurring action, the time and date when the next action is required.

(vi) Copies of the forms prescribed by g a3.9(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:

Propelled Media Group Inc.'s Petitionfor 333 Exemption
(1) The records specified in paragraph (aXl) of this 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 (aX2) of this section shall be retained and

transferred with the aircraft at the time the aircraftis sold.

(3) A list of defects furnished to a registered owner or operator under $ 43.11 of this

chapter shall be retained until the defects are repaired and the aircraft is approved for

return to service.

C. The Extent Of Relief Propelled Media Group, Inc. Seeks And The Reason Propelled

Media Group,Inc. Seeks The Relief.

1. Extent Of Relief Propelled Media Group, Inc. Seeks And The Reason Propelled Media

Group,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 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 curency requirements, to conduct the proposed UAS flight operations for

compensation or hire.

This relief is requested since the limitations set forth in Section 61.113(a) and (b) state that a

private pilot may, for compensation or hire, act as PIC of an afucraft 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 camy passengers or property for compensation or hire.

As set forth more fully below, Propelled Media Group, Inc. submits that an equivalent level of

safety will be maintained because no PIC will be allowed to operate the DJI Phantom 3

Professional UAS unless that PIC has met cerlain flight-hour and currency requirements,

demonstrating that the PIC is able to safely operate either the DJI Phantom 3 Professional UAS

in a manner consistent with the operations specifications as described in this exemption,

including evasive and emergency maneuvers, as well as maintaining appropriate distances from

people, vessels, vehicles and structures.

Further, Propelled Media Group, Inc. submits that all flights of the DJI Phantom 3 Professional

UAS, conducted by the PIC pursuant to the grant of this Petition: (1) will be incidental to

Propelled Media Group, Inc. business; and (2) will not carry passengers or property for

compensation or hire.

2. Extent Of Relief Propelled Media Group, Inc. Seeks And The Reason Propelled Media

Groupo Inc. Seeks Relief From Section 91.7(a).

Relief from Section 91 .7(a) efiitled Civil aircraft airworthiness, is requested to the extent

required to allow Propelled Media Group, Inc. to determine that the DJI Phantom 3 Professional

UAS are in airworlhy condition prior to every flight by ensuring that the UAS is in compliance

1 0 Propelled Media Group Inc.'s Petitionfor 333 Exemption
with the operating documents (i.e., Propelled Media Group, Inc. Aerial Operations Manual,

Monthly Maintenance Log, and DJI Phantom 3 Professional Instruction Marrual).

Propelled Media Group, Inc. seeks the requested relief because the DJI phantom 3 professional

UAS do not require an airworthiness cerlificate in accordance with 14 C.F.R.. part2l,subpart H.

Therefore, Propelled Media Group, Inc. will ensure that the DJI Phantom 3 professional UAS are

in airworthy condition based upon its compliance with the operating documents (i.e., Monthly

Maintenance Log, and DJI Phantom 3 Professional) prior to every flight, and further, determine

tlrat the aftqaft are in condition for safe flight, as stated in the conditions ancl limitations below.

3. Extent Of Relief Propelled Media Group, Inc. Seeks And The Reason propelled Media

Group, Inc. Seeks Relief From Section gl.l2l.

Relief from Section 91 .727, entrtled Altimeter settings, may be required to allow flight

operations of the DJI Phantom 3 Professional UAS, which utllize a barometric pressure sensor,

GPS equipment, and a radio communications telemetry data link to downlink altitude

information from the UA to the PIC at the ground control station (GCS). Since the FAA requires

that any altitude information concerning UAS operations be reporled to air traffic control fA1.Cl in feet above ground level (AGL), Propelled Media Group, Inc. seeks the requested relief

because the DJI Phantom 3 Professional UA's altimeter may be set on the ground to zero feet

AGL, rather than the local barometric pressure or field altitude, before each llight.

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 fully set forth herein, an equivalent level of safety will be maintained since the DJI

Phantom 3 Professional UAS are equipped with a barometric pressule 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 the UA on the heads-up

display of the GCS.

4. Extent Of Relief Propelled Media Group, Inc. Seeks And The Reason propelled Media

Group, Inc. Seeks Relief From Section 91.151(b).

Relief from Section 91.151(b) entitled Fuel requirements for flight in VFR conditions, is

requested to the extent required to allow flights of the battery powered DJI phantom 3

Professional UAS during daylight hours in visual meteorological conditions (VMC), under visual

flight rules (VFR), for a total duration of 23 minutes. Propelled Media Group, Inc. seeks the

requested relief because without an exemption from Section 91.151(b), the flighttime duration

of the battery powered DJI Phantom 3 Professional UAS will severely constrain the practicality

of any aerial video or still photo flight operations that Propelled Media Group, Inc. proposes to

conduct pursuant to this Petition.

Significantly, as set forth below, the technical specifications of the DJI Phantom 3 Professional

UAS, the DJI Phantom 3 Professional operating documents, and Propelled Media Group, Inc.

l l Propelled Media Group Inc.'s Petitionfor 333 Exemption
proposed operating limitations, ensure that Propelled Media Group, Inc. will safely operate the

battery powered DJI Phantom 3 Professional UAS during daylight hours in visual meteorological

conditions (VMC), under visual flight rules (VFR), with enough battery power to fly for a total

duration of 23 minutes.

5. Extent Of Relief Propelled Media Group, Inc. Seeks And The Reason Propelled Media

Group, Inc. Seeks Relief From Sections 91.405(a), 91.a07@)(D, 91.409(axl) & (a)(2), And

91.4r7(a) & (b).

Since Sections 91.405(a),91.a07@)(1),9L409(aX1) & (a)(2), and 91 .417(a) & (b) only apply to

aircraft with an airworthiness certificate, Propelled Media Group, Inc. requests relief from these

Sections because the DJI Phantom 3 Professional UAS do not require airworlhiness certificates.

As set forth more fully below, the DJI Phantom 3 Professional UAS meet the conditions of

FMRA Section 333 for operation without an airworthiness certificate. Accordingly, Propelled

Media Group, 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 documents (i.e., the Propelled Media Group, Inc. Aerial Operations Manual, Monthly

Maintenance Log, and DJI Phantom 3 Professional Instruction Manual). Furthermore, Propellecl

Media Group, Inc. will document and maintain all maintenance records for the DJI Phantom 3

Professional UAS.

D. The Reasons Why Granting Propelled Media Group, Inc. Request Would Be In The

Public Interest; That Is, How It Would Benefit The Pubtic As A Whole.

Granting the present Petition will further the public interest by allowing Propelled Media Group,

Inc. to safely, efficiently, and economically perform aerial video and photography of

construction sites, real estate, events and civic landscape over certain areas of the United States.

Additionally, use of the DJI Phantom 3 Professional UAS will decrease congestion of the NAS,

reduce pollution, and provide significant benefits to the economy. Notably, the benefits of

Propelled Media Group, Inc. proposed operation of the DJI Phantom 3 Prof'essional UAS will be

rcahzed without implicating any privacy issues.

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

The DJI Phantom 3 Professional UAS is battery powered and serves 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 D.TI Phantom 3 Professional UAS would reduce the amount of manned

aircraft in the NAS, reduce noise and air pollution, as well as increase the safety of life and

property in the air and on the ground.

12 Propelled Media Group Inc.'s Petitionfor 333 Exemption
Furthermore, by reducing the number of manned aircraft operating in the NAS, congestion

around airports caused by arriving and deparlingaircraft will be reduced. The DJI Phantom 3

Professional UAS do not require an airport to takeoff or land. Likewise, a reduction of manned

aftcraft conducting aerial video and photography missions would result in fewer aircraft that

must be handled by air traffic control during the ground, takeoff, departure, arrival, and landing

phases of flight operations.

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

Professionat UAS.

Conducting aerial acquisitions with the DJI Phantom 3 Professional UAS, instead of manned

airctaft, will greatly benefit the public by drastically 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 DJI Phantom 3 Professional 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 video and photography, while

burning approximately 20-30 gallons per hour of leaded aviation fuel. The DJI Phantom 3

Professional UAS, while reducing the carbon footprint of aerial acquisitions, also eliminates

noise pollution, as the UAS are propelled by battery powered electric motors, rather than an

internal combustion engine.

By using the DJI Phantom 3 Professional UAS 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 DJI Phantom 3

Professional UAS (weighing approximately 2.8 pounds at their maximum gross weight with

diagonal dimension of 23.2 inches, and with no fuel on board), has less physical potential for

collateral damage to life and property on the ground, and in the air, compared to the manned

aircraft that typically conduct similar operations (weighing approximately 6,000 pounds with a

wingspan of approxim ately 42 feet, a length of 34 feet, and a fuel capacity of 180 gallons).

3. Performing Aerial Video and Photography Operations With The DJI Phantom 3

Professional UAS Will Benefit The Economy.

In addition to being safe and efficient, the DJI Phantom 3 Professional UAS are also an

economical alternative to using manned aircraft to conduct similar aerial operations. As such,

operation of the DJI Phantom 3 Professional UAS will allow United States based companies, like

Propelled Media Group, Inc., to remain competitive and contribute to growth of the U.S.

economy. Specifically, with the rising cost of aviation fuel and the Environmental Protection

Agency ("EPA") regulatory actions phasing out leaded aviation fuels, U.S. owned and operated

companies must adopt new and alternative technology in order to remain competitive. Operating

the battery powered DJI Phantom 3 Professional UAS is one such technology that not only

allows companies greater operational flexibility compared to manned aircraft, but provides such

flexibility without the high operational cost of a traditional manned aircr:aft.

I J Propelled Media Group Inc.'s Petitionfor 3 j3 Exemption
By operating the DJI Phantom 3 Professional UAS, companies such as propelled Media Group,

Inc., can remain competitive and profitable, and therefore, provide greater job stability io

employees and contractors, which will ultimately contribute to growth of the U.S. economy.

Improved financial performance of U.S. companies, through commercial use of the DJI phantom

3 Professional UAS, provides a stable workforce that increases consumer spending; improves

local, state, and federal tax revenues; and allows companies to invesi in research 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 operations that have been conducted for decades,

Propelled Media Group, Inc. proposed operation of the DJI Phantom 3 Professional UAS will not

implicate any privacy issues. Specifically, the DJI Phantom 3 Professional UAS will be operated

only in compliance with operating documents (i.e., Propelled Media Group, Inc. Aerial

Operations Manual, Monthly Maintenance Log, and DJI Phantom 3 Professional Instruction

Manual) which requires property owner involvement as well as local law enforcement

notification, and in accordance with the Federal Aviation Regulations, including the minimum

altitude requirements of 14 C.F.R. $ 91 . 1 19.

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 Propelled Media Group,Inc. seeks Exemption.

l. Reasons Why The DJI Phantom 3 Professional UAS Meet The Conditions Of The FAA

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

In consideration of the size, weight, speed, and limited operatin g arca associated with the

unmanned aircraft and its operation, Propelled Media Group, Inc. operation of the DJI phantom

3 Professional UAS meet the conditions of FMRA Section 333, and, will not require an

airworthiness certificate in accordance with 14 c.F.R. part2r, Subpart H.

Section 333 provides authority for a UAS to operate without airworthiness ceftification and sets

forth requirements for considering whether a UAS will create ahazard,to users of the NAS or the

public, or otherwise pose a threat to national security. Specifically, FMRA Section 333 states the

following, in part:

(a) In General.--Notwithstanding any other requirement of this subtitle, and not later

than 180 days after the date of enactment of this Act, the Secretary of Transportation

shall determine if certain unmanned aircraft systems tnay 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 (Jnmanned Aircraft Systems.--In making the determination under

subsection (a), the Secretary shall determine, at a minimum--

I 4 Propelled Media Group Inc.'s Petitionfor 333 Exemption
(1) which types of unmanned aircraft systems, tf ony, as a result of their size,

weight, speed, operational capability, proximity to airports and populated

areas, and operation within visual line of sight do not create a hazard to users

of the national airspace system or the public or pose a threat to national

security; and

(2) whether o certfficate of waiver, certificate of authorization, or

airworthiness certffication under section 44704 of title 49, tlnited States

Code, is required for the operation of unmanned aircraft systems identffied

under paragraph (l).

(c) Requirements for Safe Operation.--If the Secretary determines under this section

that certain unmanned aircraft systems mqy 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, Propelled Media Group, Inc. submits that the DJI phantom 3

Professional UAS can operate safely in the NAS pursuant to FMRA Section 333, as

demonstrated by: (a) the characteristics of the DJI Phantom 3 Professional UAS; (b) the pilot

certification requirement; and (c) the specific operating limitations.

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

Characteristics.

The DJI Phantom 3 Professional UAS does not create ahazard.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 rhe DJI phantom 3 professional uAS.

The technical specifications of the DJI Phantom 3 Professional UAS are set forth by the DJI

Phantom 3 Professional user Manual, attached hereto as Appendix A.

ii. The DJI Phantom 3 Professional UAS Global Positioning Modes Enable The UAS

To Remain Within A Defined Operational Area.

The DJI Phantom 3 Professional UAS may be operated in both manual and global positioning

flight modes. A complete description of the flight and navigational modes of the DJI phantom 3

Professional UAS is provided at pages 11 of the DJI Phantom 3 Professional User Manual

attached hereto as Appendix A.

iii. The DJI Phantom 3 Professional UAS Is Designed For Automatic Return To

Home Point Or Hover In The Event Of Loss Of The Control Link Or Navigation.

When the Control Link is lost, the DJI Phantom 3 Professional UAS will remain stationary, in

flight, for 3 seconds or more. If, after 3 seconds, the DJI Phantom 3 Professional UAS does not

reacquire control link data from the GCS, the UAS will assume that the Control Link is lost and

l 5 Propelled Media Group Inc.'s Petitionfor 333 Exemption
the will return to the home position (i.e., failsafe mode) via GPS, and will descend to the takeoff

position and shutdown.

A complete description of the Failsafe Functions of the DJI Phantom 3 Professional UAS are set

forth at pages 12 through 14 of the DJI Phantom 3 Professional User Manual, attached hereto as

Appendix A.

iv. The DJI Phantom 3 Professional GCS And Its Operation.

A complete description of the operation and specifications of the DJI Phantom 3 Professional

UAS and flight control software is provided at pages 23 through 29 of the DJI Phantom 3

Professional User Manual. DJI Phantom 3 Professional User Manual is attached hereto as

Appendix A.

b. Flight Operations Of DJI Phantom 3 Professional UAS Is Limited To The Line Of Sight

Of A Certificated Pilot in Command With A Safety Observer.

Propelled Media Group, Inc. video production staff will be the only persons to act as a pilot in

command (PIC) of the DJI Phantom 3 Professional UAS. Additionally, a safety observer will

assist him at all times during flight time.

c. Flights Of DJI Phantom 3 Professional UAS Will Be Conducted Pursuant To Specific

Operating Limitations.

In seeking this exemption, Propelled Media Group, Inc. proposes to commercially operate DJI

Phantom 3 Professional UAS for the special purpose of conducting aerial video and photography

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

1. Operations authorized by this grant of exemption will be limited to the following

aftqaft described in the operating documents, rotorcraft UAS weighing less than 55

pounds maximum gross weight: DJI Phantom 3 Professional Unmanned Aircraft

Systems. 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 ofaerial video and photography.

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

4. The UA must be operated at an altitude of no more than 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 altitudes reported to ATC must be

in feet AGL.

5. The UAS must be operated within visual line of sight (VLOS) of the PIC at all

times. This requires the PIC to be able to use human vision unaided by any device

1 6 Propelled Media Group Inc.'s Petitionfor 333 Exemption
I 7

other than corrective lenses, as specified on the PIC's FAA-issued airman medical

certificate.

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

permitted.

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

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

and PIC must be able to communicate verbally at all times. Electronic messaging or

texting is not permitted during flight operations. The PIC must be designated before

the flight and cannot transfer his or her designation for the duration of the fliglrt. The

PIC must ensure that the SO can perform the functions prescribed in the operating

documents.

8. The SO must not perform any other duties beyond assisting the PIC with seeing and

avoiding other air traffic and other ground based obstacles/obstructions and is not

permitted to operate the camera or other instruments.

9. The operating documents and the grant of exemption must be accessible during

UAS 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. ti is the

opetator'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 io the grant of

exemption. If the operator determines that any update or revision would affect the

basis upon which the FAA granted the exemption, then the operator must petition for

amendment to its grant of exemption. The FAA's UAS Integration Office (AFS-80)

may be contacted if questions arise regarding updates or revisions to the operating

documents.

10. Prior to each flight the PIC must inspect the UAS to ensure that it is in a condition

for safe flight. If the inspection reveals a condition that affects the safe operation of

the UAS, the aircraft is prohibited from operating until the necessary maintenance has

been performed and the UAS is found to be in a condition for safe flight. The Ground

Control Station must be included in the preflight inspection. All maintenance and

alterations must be properly documented in the aircraftrecords.

1 1. Any UAS that has undergone maintenance or alterations that affect the UAS

operation or flight characteristics, e.g. replacement of a flight critical component,

must undergo a functional test flight. The PIC who conducts the functional test flisht

must make an entry in the aircraft records.

Propelled Media Group Inc.'s Petitionfor 333 Exemption
12. The pre-flight inspection must account for all potential discrepancies, e.g.

inoperable components, items, or equipment, not already covered in the relevant

sections of the operating documents.

13. The operator must foliow the UAS manufacturer's aircraftlcomponent,

maintenance, overhaul, replacement, inspection, and life limit requirements.

14. The operator must carry out its maintenance, inspections, and record keeping

requirements, in accordance with the operating documents. Maintenance, inspection,

alterations, and status of replacement/overhaul component parts must be noted in the

aftcraft' records, including total time in service, description of work accomplished,

and the signature of the authorized person returning the uAS to service.

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

Safety Bulletins.

16. The authorized person must make an entry in the airqaftrecord of the corrective

action taken against discrepancies discovered between inspections.

17. The PIC must possess at least a private pilot certificate 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 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 PICs are permitted under the terms of the exemption.

However, training operations may only be conducted during dedicated training

sessions' During training, proficiency, and experience-building flights, all persons not

essential for flight operations are considered nonparticipants, and the PIC must

operate the UA with appropriate distance from nonparticipants in accordance with 14

c.F.R. g 91.119.

19. UAS operations may not be conducted during night, as defined in 14 c.F.R. $ 1.1.

All operations must be conducted under visual meteorological conditions (VMC). If

flight at night is required, a special request will be made at the FAA office closesr 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 cunent FAA-published aeronautical chart unless a letter of agreement

with that airport's management is obtained, and the operation is conducted in

accordance with a NOTAM as required by the operator's COA. The letter of

agreement with the airport management must be made available to the Administrator

upon request.

l 8 Propelled Media Group Inc.'s Petitionfor 333 Exemption
21' The UA may not be operated less than 500 feet below or less than 2,000 feet horizontally from a cloud or when visibility is less than 3 statute miles from the pIC.

22'rf the uA loses communications or loses its GPS signal, it must return to apre- determined location within the planned operating ur"uind land or be recovered in accordance with the operating documents.

23 ' The PIC must abort the flight in the event of unpredicted obstacles or emergencies

in accordance with the operating documents.

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

25' The operator must obtain an Air Traffic Organization (ATo) issued Certificate of Waiver or Authorization (CoA) prior to conducti ng any operations under the grant of exemption' This CoA will also require the operator to iequest a Notice to Airman (l{oTAM) not more than 72 hours in advance, but not less ihan 48 hours prior to the operation' All operations shall be conducted in accordance with airspace re,quirements

in the ATo issued CoA including class of airspace, altitude lwel anj potential

transponder requirements.

26' All afuctaft 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 (NNumber) markings in accordance with 14 c.F.R. part 45, subpart c. Markings must

be as large as practicable.

27 ' Ptiot to 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 gI.203 must be available

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

These documents must be made available to the Administrator or inn 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 500

persons (persons other than the pIC, SO, operator

vessels, vehicles, and structures unless:

feet from all nonparticipating

trainees or essential persons),

a. Barriers or structures are present that sufficiently protect nonparticipating

persons from the UA and/or debris in the event of an accident. ihe operatoi

must ensure that nonparticipating persons remain under such protection. If a

t 9 Propelled Media Group Inc.'s petitionfor 333 Exemption
situation arises where nonparticipating persons leave such protection and are within 500 feet of the UA, flight operations must cease immediatel y and,lor;

b' The airctaft is operated near vessels, vehicles or structures where the owner/controller of such vessels, vehicles or structures has granted pelnission

and the PIC 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 PIC, SO, operator trainees or essential persons do

not present an undue hazardto those persons per $ 91.1 19(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 areaas defined by the applicable COA must be reported

to the FAA's UAS Integration office (AFS-80) within 24 hours. Accidents must be repofted to the National Transportation Safety Board OfTSB) per instructions

contained on the NTSB Web site: www.ntsb.sov.

2' Reasons Why An Exemption From The Requirements Of Section 6r.ll3(a) And (b)

Would Not Adversely Affect Safefy.

Propelled Media Group, Inc. submits that the equivalent level of safety established by Section 6 1 ' I 1 3 (a) and (b) will be maintained because no PIC will be allowed to operate the DJI phantom

3 Professional UAS unless that PIC has demonstrated, by meeting minimum flight-hour and

currency requirements, that the PIC is able to safely operate the DJI phantom 3 professional

UAS in a manner consistent with the exemption, including evasive and emergency maneuvers and maintaining appropriate distances from people, vessels, vehicles and structures.

Considering Propelled Media Group, Inc. proposed area of operations, and the operating limitations set forth-above; the parallel natuie of private pilot aeronautical knowledge

requirements to those of commercial pilot requirements lSee Exemption No. 1 1062); a1d the airmanship skills necessary to safely operate the DJI Phantom 3 professional UAS, propelled

Media Group, Inc. submits that the additional manned airmanship experience of a commercially

certificated pilot would not correlate to the airmanship skills necessary for propelled Media Group, Inc. specific proposed flight operations.

The FAA has previously granted relief from Section 61.113(a) and (b) specific to UA.S, in circumstances similar, in all material respects, to those presented herein 1eg. Exemption Nos. 11062,11063,17064,11065, 11066,11067,110g0, 1110b, 11110, rrrL2,ttna,1113g, 11150, 11153, 11156, 11159, 11159, 11160, 11161).

20 Propelled Media Group Inc.'s Petitionfor 333 Exemption
Propelled Media Group, Inc. will not allow any PIC to operate the DJI phantom 3 professional

UAS unless that PIC has demonstrated, by meeting minimum flighrhour requirements or the DJI Phantom 3 Professional UAS training and currency requirements, that the pIC is able to safely

operate the DJI Phantom 3 Professional UAS in a manner consistent with this exernption,

including evasive and emergency maneuvers and maintaining appropriate distances from people, vessels, vehicles and structures.

Specifically, the PIC must have accumulated and logged, in a manner consistent with 14 C.F.R. $

61'51(b), 25 hours of total time as a UAS rotorcraft pilot (with a minimum of 5 hours o[those hours as a UAS pilot operating the same make and model of UAS to be usecl for operations under the exemption). In addition to the hour requirements, the PIC must accomplish 3 takeolTs and landings in the preceding 90 days (for cunency purposes).

As in Exemption Nos. 17062, 11138, and 11153, prior documented flight experience that was obtained in compliance with applicable regulations will ensure an equivalent level of safety during Propelled Media Group, Inc. 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 1br the

pwpose of motion picture filming (or similar operations), the PIC must have accumulated

and logged, in a manner consistent with 14 CFR 61.51(b),25 hours of total time as a

UAS rotorcraft pilot including at least 10 hours logged as a UAS pilot with a multi-rotor

UAS. Prior to operations under Exemption No. 11062, the pIC must also have

accumulated and logged a minimum of 5 hours as a UAS pilot operating the same make ' and model of UAS to be used for 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 total25 hours of UAS rotorcraft time. In addition to the

hour requirements, the PIC must accomplish 3 takeoffs and landings in the preceding 90

days (for currency purposes). The FAA finds that at a minimum, the flighrhour

requirements in Exemption No. 11062 are appropriate to practice and build proficielcy in

the skills necessary to safely conduct the petitioner's proposed operations. The FAA also

finds that prior documented flight experience that was obtained in compliance with

applicable regulations would satisfy this requirement. Training, proficiency, and

experience-building flights can also be conducted under the grant of exemption to

accomplish the required flight time. During training, proficiency, and experience-tuilding

flights the PIC is required to operate the UA with appropriate distances in accorrJance

with 14 C.F.R 91.119.

Exemption No. 11138 at page 15.

Accordingly, Propelled Media Group, Inc. will ensure safe operations by not allowin g any p,IC to

operate the DJI Phantom 3 Professional UAS unless that PIC has demonstrated, by meeting

minimum flight-hour and currency requirements, that the PIC is able to safely operate the DJI

Phantom 3 Professional UAS in a manner consistent with the exemption, including evasive and

21 Propelled Media Group Inc.'s Petitionfor 333 Exeryttion
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 by Section 91.7(a) will be maintained because prior to

every flight, Propelled Media Group, Inc. will ensure that the DJI Phantom 3 professioneLl 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 1e.i. nxemption Nos.

77062,11063,71064,11065,11066,71067,11090,1110g,11110, 17772,nI2A,1113g,11150,

11153, 11156, 11157,11159, 11159, 11160, 11161).

4. Reasons Why An Exemption From The Requirements Of Section gl.Ill Would Not

Adversely Affect Safety.

The equivalent level of safety established by Section gL1zl will be maintained because the

altitude information of the DJI Phantom 3 Professional UAS will be provided to the pIC via GpS

equipment artd aradio communications telemetry data link, which downlinks from the UA to the

GCS for active monitoring of the flight path and altitude. This altitude information, combined

with Propelled Media Group, Inc. operation of the DJI Phantom 3 Professional UAS within

visual line of sight, at or below 500 feet AGL, will ensure a level of safety equivalent to Section

9I'121' The altitude information will be generated by GPS equipment installed onboard the

airqaft' Prior to each flight, a zero altitude initiation point is automatically established by the

UAS at ground level.

The FAA has previously granted relief from SectionSLI2I specific to UAS, in circumstances

similar, in all material respects, to those presented herein (e.g. Exemption Nos. 11062,11063,

11064,11065,11066, 11067,11090,11109, 11112,11136,1113g,11150,11153, i1156, 11757,

11158, 1l 159, 11160, 11161).

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

Advers ely Affect Safety.

A grant of this exemption would ensure an equivalent level of safety established by 14 C.F.R.

Section 91.151(b) as a result of (1) the technical specifications of the DJI Phantom 3 professional

UAS; (2) the limitations on the propose'J flight operations; and (3) the location of the proposed

flight operations. Accordingly, Propelled Media Group, Inc. will ensure that it will safely operate

22 Propelled Media Group Inc.'s Petitionfor 333 Exemption
the battery powered DJI Phantom 3 Professional UAS during daylight hours in vFR conditions, with enough battery power to fly for a total duratio'of 23 minutes.

Here, as in Exemption No. 11109, the technical specifications of the DJI phantom 3 professional

UAS; the limitations on the proposed flight operations; and the location of the pr:oposed operations, will ensure an equivalent level of safety established by 14 C.F.R. Section 9l.l5l(b). Furthermore, safety will be ensured as the DJI Phantom 3 Professional UAS provide audible and visual warnings to the PIC at the GCS when the UAS experiences low batteiy voltage, the first warning occurring at approximately 33o/o remaining battery power, and, againat approximately l0o/o remaining battery power. At the critically low battery level, the DJI phantorn 3 professional

UAS will descend and land automatically.

Significantly, previous exemptions granted by the FAA concerning Section 9l . i 5l establish that safety is not adversely affected when the technical characteristics and operating limitationsi 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. 2egg,5745, and 10650. Moreover, the FAA has previously granted relief from Section 91.151 specific to UAS, in circumstances similar, in all material respects, to those presented herein (e.g. Exemption Nos. 8811, l0g0g, 10673,71042,11062,11063, 11064,1106i, n066,11067,110g0, 1110g, 11110, 11136, 1 1 139, 1 r 150, 1 1 153, l1 156, rrr57, I I 15g, 71759, 1I 160, 1 1 161).

6' Reasons Why An Exemption From The Requirements of Sections 91'405(a), 91.407(a)(l),91.409(axl) & (a)(2), And 91.417(a) & (b) Woutd Nor Adversety Affect Safety.

In seeking this exemptiou, Propelled Media Group, Inc. submits that the equivalent level of safety with regard to the regulatory maintenance and alteration requirements establisfred by Sections 91.405(a),9r.a07@)Q),91.409(a)(1) & (a)(z),and 91 .417(a)& (b) will be met br:cause

Propelled Media Group, Inc' will use trained technicians to perform maintenance, alteratigns, or preventive maintenance on the UAS using the methods, techniques, and practices prescribed in the operating documents (i.e., Propelled Media Group, Inc. Aerial operations Manual, Mpnthly

Maintenance Log, and DJI Phantom 3 Professional Instruction Manual). Furthermore, propelled

Media Group, Inc. will document and maintain all maintenance records for the DJI phantom 3

Professional UAS.

Since the DJI Phantom 3 Professional UAS will be inspected as prescribed by the operatilg

documents, Propelled Media Group, Inc. will maintain the equivalent level of safety established

by Sections 91.405(a),91.a09@)(t), and 91.a09@)(2). A copy of the DJI phantom 3 professional

User Manuals are attached hereto as Appendix A and B; a copy of the DJI phanlom 3

Professional UAS Maintenance LoG is attached hereto as Appendix c.

Likewise, the exemption sought will not adversely affect safety because propelled Media Group,

Inc' will use trained technicians to perform maintenance, alteration, o, pr"u"ntive maintenance

on the UAS using the methods, techniques, and practices prescribed by thi operating documents.

Z J Propelled Media Group Inc.'s Petitionfor 333 Exemption
Furthermore, the exemption sought would maintain an equivalent level of safety established by Sections 9I'407,91.aI7@) and 91 .4I7(b), because all maintenance of the DJI phantom 3 Professional UAS will be performed by trained technicians. Maintenance will be documented and maintained utilizing the monthly maintenance log.

Significantly, previous exemptions granted by the FAA concerning sections 91.405(a), 9r'407(a)(r),91'409(a)(1) & (a)(2), and,gl.ania) & (b) establish that safery is not adversety affected when the technic al charucteristics and oplrating limitations of the UAS are considered.

In consideration of Propelled Media Group, Inc. proposed operating limitations, the operating documents, and the technical aspects of the DJI Phantom 3 Professional uAS, propelled Media Group, Inc' submits that safety will not be adversely affected by granting exemption fiom 14 c.F.R. Sections 9r.405(a), 9r.a07@)(r) and (a)(2),9r.a09@)(2), and ol.utlay and (b). The FAA has previously granted relief specific to uAS in circumstances similar, in all material respects, to those presented herein (e.g. Exemption Nos. 11062,11063, 11064,11065, 11066, 77067,11090, i1109,11110,11112,71136,tt]:s,11150,11153,11156, 17157,1115g,11159, 11160,11161).

7. The FAA May Prescribe Any other conditions For Safe operation.

In accordance with section 333 of the FAA Modernization and Reform Act of 2012 (FMRA) and 14 C'F'R' $ 21. 16 entitled Special Conditions, Propelled Media Group, Inc. requests that the FAA prescribe special conditions for the intended operation of the DJI phantom 3 professional

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. part2T,subpart H, and 14 C.Ir.R $$ 61.113(a) & (b), 91.7 (a),9r.r2r,91.1s1(b), ot.+0s1a7,9r.407(a)(r),9r.409(a)(1) & (a)(2), and 9l'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 Sta1es for

orth the requirements for considering whether a

the public, or otherwise pose a threato national

,r such UAS to operate without airworthiness

s that must be established for the safe operation

special conditions pursuant to 14 C.F.R.

3 Professional UAS, since the airworthiness regulations of 14 C'F.R. Part 2l do not contain adequate or appropriate safety standards, due to the novel or unusual design features of the aircraft. Section2L 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 airrxaft, urcraft angine, or propeller because of a novel or unusual design feature of the afucraft, aircraft.ngin. 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

. A

L + Propelled Media Group Inc.'s petition for 333 Exemotion
standards for the aircraft, aircraft engine or propeller as the FAA finds necessary to establish alevel of safety equivalent to that established inthe resulations.

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 Propelled Media Group, Inc. intended operation of the DJI Phantom 3 Professional UAS, which contain such safety standards that the Administrator finds

necessary to establish a level of safety equivalento that established by 14 C.F.R. part 21, Subpart H, and 14 c.F.R Sections 61.113(a) &(b),9r.7(a), gr.r2r,91.151(b), 91.405(a), 91.a07@)(1),91.409(aX1) & (a)(2),and 91 .an@) & (b).

r d Summary That Can Be Published in the Federal Register, stating: The Rules from which Propelled Media Group,Inc. seeks Exemption:

Propelled Media Group, Inc. seeks exemptionfrom the requirements of t4 C.F.R Sections

6r.il3(a)&(b), 9r.7(a), 9r.r2r, 9L151(b), 9r.405(a), 91.407(a)(i), 9r.409(a)(1) &

(a)(2), and 91.4t7@) a (U.

A Brief Description Of The Nature Of The Exemption Propelled Media Group,Inc. Seeks:

This exemption will permit Propelled Media Group, 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.

' Any Additional Informationo Views, Or Arguments Available To Support

Propelled Media Groupo Inc. Request.

This Petition is made pursuant to the FAA Modernizationand 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, Propelled Media Group, Inc. 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 poses athreatto national security; and

further' provides the authority for such UAS to operate without airworthiness certification.

As discussed in detail above, Propelled Media Group, Inc. will operate the DJI phantom 3

Professional 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.

25 Propelled Media Group Inc.'s Petitionfor 333 Exemption
CONCLUSION

As 

11'61 

set forth herein, Propelled Media Group, Inc. seeks an exemption pursuantto 14 c.F.R. $ and section 333 of the FAA Modemizationand Reform Act of 2012 (FMRA), which will permit safe operation of the DJI Phantom 3 Professional UAS commercially, without an airworthiness certificate, for the limited purpose of conducting aerial video and photography

over certain areas of the United States. By granting this Petition, the FAA Administrator will be fulfilling the Congressional mandate of the FAA Mode rnizationand Reform Act of 2lr2,while also advancing the interests of the public, by allowing Propelled Media Group, Inc. to safely, efficiently, and economically operate the DJI Phantom 3 Professional UAS commercially within the NAS.

WHEREFORE, in accordance with the Federal Aviation Regulations and the FAA Modernization and Reform Act of 2012, Section 333, Propelled Media Group, Inc. respectfully requests that the Administrator grant this Petition for an exemption from the requirements of 14 c.F.R sections 61.113(a) 8. (b), 91.7(a), gr.r2r,91.151(b), 9r.405(a),9r.407(a)(1), 9l'a09@)(l) & (a)(2), and 91 .afi@) & (b), and permit Propelled Media Group, Inc. ro operare the DJI Phantom 3 Professional UAS commercially for the purpose of conducting aerial video and photography over certain areas of the United States.

Dated: December 28, 2015

Very truly

Counsel for Propelled Media, LLC

26 Propelled Media Group Inc.'s petitionfor 333 Exemption
Appendices:

A - Link to DJI Phantom 3 professional Manual: click on link below

27 Propelled Media Group Inc.'s Petitionfor 333 Exemption