UNITED STATES OF AMERICA DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION

WASHINGTON, DC

Regulatory Docket No. _______________

IN THE MATTER OF THE PETITION FOR EXEMPTION OF:

CODE 8 TECHNOLOGIES, LLC FOR AN EXEMPTION SEEKING RELIEF FROM THE REQUIREMENTS OF

TITLE 14 OF THE CODE OF FEDERAL REGULATIONS SECTIONS 61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), AND 91.417(a) & (b) CONCERNING COMMERCIAL OPERATION OF DJI PHANTOM 3 UNMANNED AIRCRAFT SYSTEMS

PURSUANT TO SECTION 333 OF THE FAA MODERNIZATION AND REFORM ACT OF 2012

(PUBLIC LAW 112

- 95)

Submitted on September

___ , 2015

By: On Behalf of:
Christopher C. Jacob Code 8 Technologies, LLC Paramount Law Group, PLLC PO BOX 581 1000 Second Avenue, Suite 3000 Mercer Island, WA 98040 Seattle, WA 98104 Tel. (206)

- 612

- 7842 Tel: ( 206 ) 612

- 7938 Fax: (206) 420

- 53692 TABLE OF CONTENTS

Page

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

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

INTRODUCTI ON AND INTERESTS OF PETITIONER....................................................4

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

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

NAME AND ADDRESS OF PETITIONER.............................................................7

THE SPECIFIC SECTIONS OF 14 C.F.R. FROM WHICH CODE 8 TECHNOLOGIES, LLC SEEKS EXEMPTIO N.

..................... ... .............................. 8

EXTENT OF RELIEF CODE 8 TECHNOLOGIES, LLC AND THE REASON CODE 8 TECHNOLOGIES, LLC SEE KS RELIEF...................

........................... 11

REASON S WHY GRANTING CODE 8 TECHNOLOGIES, LLC ’S REQUEST WOULD BE IN THE PUBLIC INTEREST .........................................................15

THE REASONS WHY GRANTING THE EXEMPTION WOULD NOT ADVERSELY AFFECT SAFETY.............................................

. ............................19

SUMMARY THAT CAN BE PUBLISHED IN THE FEDERAL REGISTER......34

ANY ADDITIONAL INFORMATION, VIEWS, OR ARGUMENTS AVAILABLE TO SUPPORT CODE 8 TECHNOLOGIES, LLC ’S REQUEST.........

.................................................... .................................................. 34

CONCLUSION................................................................................................................... .35

APPENDICES........................................................................................373 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
FA R 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 2012 (FMRA) Section 333
SO Safety Observer
SOP Standard Operating Procedures
UA Unmanned Aircraft
UAS Unmanned Aircraft System

VFR Visual Flight Rules
VLOS Visual Line of Site
VMC Visual Meteorological Conditions
VTOL Vertical Takeoff an d Landing4 SUMMARY
Code 8 Technologies, LLC seeks exemption from the requirements of 14 C.F.R §§

61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2),
and 91.417(a) & (b), to operate an Unmanned Aircraft System p ursuant to Section 333 of
the FAA Modernization and Reform Act of 2012 (FMRA). This exemption will permit
Code 8 Technologies, LLC to operate an Unmanned Aircraft System (UAS) for the
commercial purpose of conducting aerial video and photography over certa in areas of the

United States , where permitted by law pursuant to Section 333 and 14 CFR § 11 Subpart

A.

INTRODUCTION AND INTERESTS OF THE PETITIONER
The objective of Code 8 Technologies, LLC ’s aerial video and photography
operation s is to provide high quality imaging for a variety of comme rcial, public, and

residential uses, potentially including by h otels, resorts, r eal tors, developers and builders
for marketing purposes.

BACKGROUND

Unmanned Aircraft Systems: DJI Phantom 3

Code 8 Technologies, LLC seeks an exemption to operate a DJI Phantom 3 UAS
for compensation or hire within the NAS. The DJI Phantom 3 is a vertical takeoff and
landing (VTOL) Unmanned Aircraft (UA) with a Ground Control Station (GCS) utilizing

electronic tablet o r smart phone systems. The DJI Phantom 3 has a maximum gross weight

of approximately 2 pounds 1 3 ounces, while having a n approximate length of 18 inches
,5

width of 1 3 inches, height of 8 inches, and maximum speed of 30 knots. The DJI Phantom

3 is equipped with four main rotors
, driven by a l ithium p olymer battery powered electric

motors.

The DJI Phantom 3 UAS that will be operated by Code 8 Technologies, LLC will
be registered in accordance with 49 U.S.C. 44103, Registration of Aircraft , as well as 14

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

.
BASIS FOR PETITION

Petitioner, Code 8 Technologies, LLC , pursuant to the provisions of the Federal
Aviation Reg ulations (14 C.F.R. § 11.61) and the FAA Modernization and Reform Act of

2012 (FMRA), Section 333, Special Rules for Certain Unmanned Aircraft Systems , hereby
petitions the Administrator to allow Petitioner 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 §§ 61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1),

91.409(a)(1) & (a)(2), and 91.417(a) & (b).
In consideration of the speed, weight, size, an d limited operating area associated

with the unmanned aircraft and its operation, Code 8 Technologies, LLC ’s operation of the

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.
Accordingly, Code 8 Technologies, LLC requests relief from Sections 91.405(a),

91.407(a)(1), 91.409(a)( 1) & (a)(2), and 91.417(a) & (b), as these sections set forth
requirements for maintenance that only apply to aircraft with an airworthiness certificate.6 Code 8 Technologies, LLC submits that the requested relief is proper since an
equivalent level of saf

ety will be ensured. Code 8 Technologies, LLC will use experienced
personnel or technicians to perform maintenance, alterations, or preventive maintenance on
the UASs using the methods, techniques, and practices prescribed in the operating

documents (i.e., Monthly Maintenance Log, and DJI Phantom 3 Instruction Manual).

Furthermore, Code 8 Technologies, LLC 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 Pr ivate pilot
privileges and limitations: Pilot in command , is requested by Code 8 Technologies, LLC to
the extent necessary to allow a Pilot in Command (PIC) holding a private pilot or higher

level certificate, as well as an airman medical certificate, and who has demonstra ted, by
meeting minimum flight

- hour and currency requirements, that the PIC is able to safely
operate the DJI Phantom 3 UAS in a manner consistent with this exemption, including
evasive and emergency maneuvers and maintaining appropriate d istances from people,

vessels, vehicles and structures.
Code 8 Technologies, LLC seeks relief from Section 91.7(a), entitled Civil aircraft

airworthiness
, because the DJI Phantom 3 UAS do es not require an airworthiness
certificate in accordance with 14 C.F.R. Part 21, Subpart H. As such, Code 8 Technologies,

LLC submits that he will ensure that the DJI Phantom 3 UAS is in an airworthy condition,
prior to every flig ht, by determining that the UAS is in compliance with the operating
documents (i.e., Monthly Maintenance Log, and DJI Phantom 3 Instruction Manual), and

that the aircraft is in a condition for safe flight.7 Code 8 Technologies, LLC also seeks an exemption from the requirements of

Se ction 91.121, entitled Altimeter Settings , as the DJI Phantom 3 UA will not have a
typical barometric altimeter onboard. However, altitude information of the DJI Phantom 3

UA will be provided to the PIC via Global Positioning System (GPS) equipment and rad io
communications telemetry data link, which downlinks from the UA to the GCS for active
monitoring of the flight path. This altitude information, combined with Code 8
Technologies, LLC ’s operation of the DJI Phantom 3 UAS within visual line of sight, at or

below 4 00 feet AGL, will ensure a level of safety equivalent to Section 91.121.
Additionally, Code 8 Technologies, LLC seeks an exemption from the
requirements of Section 91.151(b), entitled Fuel requirements for flight in VFR conditions

. Code 8 Technologies, LLC submits that safety will not be affected by operation of the DJI

Phantom 3 UA during daylight hours in visual meteorological conditions (VMC) under
visual flight rules (VFR), with enough battery power to fly (at maximum cruise speed) for

a total duration of approximately 23 minutes

. An appropriate safety margin can be
maintained without compromising the utility of the DJI Phantom 3 if Code 8 Technologies,

LLC is permitted to plan and initiate a daytime VFR fligh t to the first intended point of
landing at normal cruising speed and such flight would require no more than 70% battery

power (approximately 16 minutes’ flying time at maximum cruise speed ) . Thus, sh ould
conditions change during the flight, Code 8 Techno logies’ DJI Phantom 3 would be left

with 30% battery capacity to fly to a safe alternative landing zone. The DJI Phantom 3
possesses several additional safety features with respect to power, including a series of low
battery warning s and an automated landing function when a low battery is detected

.8 In accordance with 14 C.F.R. § 11.81, Code 8 Technologies, LLC provides the
following information in support of its petition for exemption:

A. Name And Address Of The Petitioner.

The na me and address of the Petitioner and point of contact is:
Code 8 Technologies, LLC c/o Paramount Law Group PLLC 1000 Second Avenue, Suite 3000 Seattle, WA 98104 Tel: ( 206 ) 979

- 0516 Email: cjacob @paramountcounsel.com
B. The Specific Sections o f 14 C.F.R. From Which Code 8 Technologies, LLC Seeks Exemption.

1. Code 8 Technologies, LLC Seeks Exemption From The Req uirements Of Section 61.113(a) a nd (b).

Section 61.113, entitled Private pilot privileges and limitations: Pilot in command
,
subsecti ons (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 co mpensation 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 a ircraft does not carry passengers or property for compensation or hire.

2. Code 8 Technologies, LLC Seeks Exemption From The Requirements Of Section 91.7(a).

Section 91.7, entitled Civil aircraft airworthiness , subsection (a), states the
following:
(a) No person may operate a civil aircraft unless it is in an airworthy condition.9 3. Code 8 Technologies, LLC Seeks Exemption From The Requirements Of Section 91.121.
Section 91.121, entitled Altimeter settings , subsection (a), states the following, in

part:
(a) Each person operating an aircraft shall maintain the cruising altitude or flight level of that aircraft, as the case may be, by reference to an altimeter that is set, when operating

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

-- (i) The current reported altimeter setting of a station along the route and within 100 nautical miles of the aircraft;
(ii) If there is no station within the area prescribed in paragraph (a)(1)(i) of this section, the current reported alti meter 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.

4. Code 8 Technologies, LLC Seeks Exe mption From The Requirements Of Section 91.151(b).

Section 91.151, entitled Fuel requirements for flight in VFR conditions , subsection
(b), states the following:
(b) No person may begin a flight in a rotorcraft under VFR conditions unless (considering wind and forecast weather conditions) there is enough fuel to fly to the first point of intended landing and, assuming normal cruising speed, to fly after that for at least 3 0 minutes.

5. Code 8 Technologies, LLC Seeks Exemption From The Requirement Of Section 91.405(a).

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

— (a) Shall have that air craft inspected as prescribed in subpart E of this part and shall between required inspections, except as provided in paragraph (c) of this section, have discrepancies repaired as prescribed in part 43 of this chapter[.]10 6. Code 8 Technologies, LLC 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 undergone maintenance, preventive maintenance, rebuilding, or alteration unless

-- (1) It has been approved for return to service by a person authorized under § 43.7 of this chapter[.]

7. Code 8 Technologies , LLC Seeks Exemption From The Requirements Of Sections 91.409(a)(1) And 91.409(a)(2).

Section 91.409, entitled Inspections , subsection (a), states the following:
(a) Except as provided in paragraph (c) of this section, no person may operate an aircraft unless, within the preceding 12 calendar months, it has had

-- (1) An annual inspection in accordance with part 43 of this chapter and has been approved for return to service by a person authorized by § 43.7 of this chapter; or
(2) An inspection for the issuance of an airworthiness certificate in accordance with part 21 of this chapter.

8. Code 8 Technologies, LLC 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 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 100

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

--11 (i) A description (or reference to data acceptable to the Administrator) of the work performed; and
(ii) The date of completion of th e 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, a nd each rotor.

(ii) The current status of life

- limited parts of each airframe, engine, propeller, rotor, and appliance.

(iii) The time since last overhaul of all items installed on the aircraft which are required to be overhauled on a specified time basi s.
(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 directiv es (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 § 43.9(d) of this chapter for each major alteration to the airframe and currently installed engines, rotors, propellers, and appliances.
(b) The owner or operator shall retain the following records for the periods prescribed:
(1) The records specified in paragraph (a)(1) of this section shall be retained until the work is repeated or superseded by other work or for 1 year after the work is performed.
(2) The records specified in paragraph (a)(2) of this section shall be retain ed and transferred with the aircraft at the time the aircraft is sold.
(3) A list of defects furnished to a registered owner or operator under § 43.11 of this chapter shall be retained until the defects are repaired and the aircraft is approved for return to service.12

C. The Extent Of Relief Code 8 Technologies, LLC Seeks And The Reason Code 8 Technologies, LLC Seeks The Relief.

1. Extent Of Relief Code 8 Technologies, LLC Seeks And The Reason Code 8 Technologies, LLC Seeks Relief From Section 61.113(a) And (b).

Relief from Section 61.113(a) and (b) entitled Private pilot privileges and

limitations: Pilot in command , is requested to the extent necessary to allow a PIC holding a
private pilot or higher level certificate , as well as a current and valid airman medical
certificate, and who has met certain flight

- hour and currency requirements, to conduct the
proposed UAS flight operations for compensation or hire.
This relief is requested since the limitations set forth in Section 61.113(a) and (b)
state that a private pilot may, for compensation or hire, act as PIC of an aircraft in
connection with any business or 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.
As set forth more fully below, Code 8 Technologies, LLC submits that an
equivalent level of safety will be maintained because no PIC will be allowed to operate the

DJI Phantom 3 UAS unless that PIC h as met certain flight

- hour and currency
requirements, demonstrating that the PIC is able to safely operate the DJI Phantom 3 UAS
in a manner consistent with the operations specifications as described in this exemption,
including evasive and emergency maneu vers, as well as maintaining appropriate distances
from people, vessels, vehicles and structures.

Further, Code 8 Technologies, LLC submits that all flights of t he DJI Phantom 3

UAS , conducted by the PIC pursuant to the grant of this Petition will not carry passengers
or property for compensation or hire.13 2. Extent Of Relief Code 8 Technologies, LLC Seeks And The Reason Code 8 Technologies, LLC Seeks Relief From Section 91.7(a).
Relief from Section 91.7(a) entitled Civil aircraft airworthiness , is re quested to the
extent required to allow Code 8 Technologies, LLC to determine that the DJI Phantom 3

UAS is in airworthy condition prior to every flight by ensuring that the UAS is in
compliance with the operating documents (i.e., Monthly Maintenance Log, and DJI

Phantom 3 Instruction Manual).
Code 8 Technologies, LLC seeks the requested relief because the DJI Phantom 3

UAS do es not require an airworthiness certificate in accordance with 14 C.F.R. Part 21,
Subpart H. Therefore, Code 8 Technologies, LLC will ensure that the DJI Phantom 3 UAS

is in airworthy condition based upon its compliance with the operating documents (i.e.,
Monthly Maintenance Log, and DJI Phantom 3 Instruction Manual) pr ior to every flight,

and further, determine that the aircraft is in condition for safe flight, as stated in the

conditions and limitations below.

3. Extent Of Relief Code 8 T echnologies, LLC Seeks And The Reason Code 8 Technologies, LLC Seeks Relief From Section 91.121.
Relief from Section 91.121, entitled Altimeter settings , may be required to allow
flight operations of the DJI Phantom 3 UAS , which utilize a barometric pressure sensor,
GPS equipment, and a radio communications telemetry data link to downlink altitude
information from the UA to the PIC at the ground control station (GCS). Since the FAA
requires that any altitude information concerning UAS operations be re ported to air traffic
control (ATC) in feet above ground level (AGL), Code 8 Technologies, LLC seeks the
requested relief because the DJI Phantom 3 UA altimeter may be set on the ground to zero
feet AGL, rather than the local barometric pressure or field a ltitude, before each flight.14 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 UA is equipped with a barometric pressure sensor
and GPS equipment, which automatically ensures that a ground level pressure setting will
be established prior to each flight, and provid es the PIC with altitude information of the

UA on the heads

- up display of the GCS.

4. Extent Of Relief Code 8 Technologies, LLC Seeks And The Reason Code 8 Technologies, LLC 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 UA during daylight hours in visual meteorological conditions (VMC), under
visual flight rules (VFR), for a total durat ion of 16 minutes to the first point of intended
landing and, assuming normal cruising speed, to fly after that for approximately 7

additional minutes. Code 8 Technologies, LLC seeks the requested relief because without
an exemption from Section 91.151(b), the flight time duration of the battery powered DJI

Phantom 3 UA will severely constrain the utility of any aerial video or still photo flight
operations that Code 8 Technologies, LLC proposes to conduct pursuant to this Petition.
Significantly, as set forth below, the technical specifications of the DJI Phantom 3

UAS , the DJI Phantom 3 operating documents, and Code 8 Technologies, LLC ’s proposed
operating limitations, ensure that Code 8 Technologies, LLC will safely operate the bat tery
powered DJI Phantom 3 UA during daylight hours in visual meteorological conditions
(VMC), under visual flight rules (VFR), with enough battery power to fly for a total15

duration of 16 minutes to the first point of intended landing and, assuming normal cruising
speed, to fly after that for at approximately 7 additional minutes.

5. Extent Of Relief Code 8 Technologies, LLC Seeks And The Reason Code 8 Technologies, LLC 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, Code 8 Technologies, LLC requests

relief from these Sections because the DJI Phantom 3 UAS do es not require airworthiness
certificates. As set forth more fully below, the DJI Phantom 3 UAS meet s the conditions of
FMRA Section 333 for operation without an airworthiness certificate. Accordingly, Code 8
Technologies, LLC will use trained technicians to perform maintenance, alterations, or
preventive maintenance on the UASs using the methods, techniques, and practices
prescribed in the UAS operating documents (i.e., Monthly Maintenance Log, and DJI

Phantom 3 ). Furthermore, Code 8 Technologies, LLC will d ocument and maintain all

maintenance records for the DJI Phantom 3 UAS

. D. The Reasons Why Granting Code 8 Technologies, LLC ’s Request Would Be In The Public Interest; That Is, How It Would Benefit The Public As A Whole.
Granting the present Petition wi ll further the public interest by allowing Code 8
Technologies, LLC to safely, efficiently, and economically perform aerial video and
photography of construction sites, real estate, and landscape over certain areas of the

United States.
Additionally, use of the DJI Phantom 3 UAS will decrease congestion of the NAS,
reduce pollution, and provide significant benefits to the economy. Notably, the benefits of
Code 8 Technologies, LLC ’s proposed operation of the DJI Phantom 3 UAS will be

reali zed without implicating any privacy issues.16 1. The Public Will Benefit From Decreased Congestion Of The NAS.

The DJI Phantom 3 UA is battery powered and serve s as a safe, efficient, and
economical alternative to the manned aircraft traditionally utilized to obtain aerial imagery.
By reducing the amount of manned aircraft needed to perform aerial acquisitions, an
exemption allowing the use of a DJI Phantom 3 UAS would reduce the amount of manned
aircraft in the NAS, reduce noise and air pollution, as well as increase the safety of life and
property in the air and on the ground.
Furthermore, by reducing the number of manned aircraft operating in the NAS,
congestion around airports caused by arriving and departing aircraft will be reduced. The

DJI Phantom 3 UA do es not require an airport to takeoff or land. Likewise, a reduction of
manned aircraft conducting aerial video and photography missions would result in fewer
aircraft that must be handled by air traffic control during the ground, takeoff, departure,

a rrival, and landing phases of flight operations.
2. The Public Will Benefit From The Safety And Efficiency 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 photography flight operations.
By using battery power and electric motors, the D JI Phantom 3 UAS pr oduce s no air
pollution, and is the most viable environmentally conscious alternative to the cabin class,
internal combustion engine aircraft that are typically utilized for aerial video and
photography, while burning many gallons per ho ur of leaded aviation fuel. The DJI

Phantom 3 UA , while reducing the carbon footprint of aerial acquisitions, also eliminates17

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 photography and videography
, 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 loc ated onboard the

aircraft, the DJI Phantom 3 UA (weighing approximately 2 pounds 11 ounces, at its
maximum gross weight with a length of 16 inches, widths of 16 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 approximately 42 feet, a length
of 34 feet, and a fuel capacity of 180 gallons).
3. Performing Aerial Video and Photography Operations With The DJI Phantom 3 UA S Will Benefit The Economy.
In addition to being safe and efficient, the DJI Phantom 3 UAS is also an
economical alternative to using manned aircraft to conduct similar aerial operations. As
such, operation of the DJI Phantom 3 UAS will allow United States based companies, like
Code 8 Technologies, LLC ’s , to remain competitive and contribute to gr owth 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 UASs is one such
technology that not only allows companies greater operational flexibility compared to18

manned aircraft, but provides such flexibility without the high operational c ost of a

traditional manned aircraft.
By operating the DJI Phantom 3 UAS , companies such as Code 8 Technologies,

LLC ’s , can remain competitive and profitable, and therefore, provide greater job stability
to employees and contractors, which will ultimately contribute to growth of the U.S.
economy. Improved financial performance of U.S. companies, through commercial use 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 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, Code 8 Technologies, LLC ’s proposed operation of the DJI Phantom 3 UAS
will not implicate any privacy issues. Specifically, the DJI Phantom 3 UAS will be
operated only in compliance with this exemption application, the operating documents

referenced herein (i.e., Maintenance Log, and DJI Phantom 3 User Guide ), and otherwise

in accordance with the Federal Aviation Regulations, except as set forth herein

. 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 Code 8 Technologies, LLC Seeks Exemption.
1. Reasons Why The DJI Phantom 3 UA Meet s The Conditions Of The FAA Modernization and Reform Act of 2012 (FMRA) Section 333.
In consideration of the size, weight, speed, and limited operating area associated
with the unmanned aircraft and its operation, Code 8 Technologies, LLC s operation of the

DJI Phantom 3 UAS meet s the conditions of FMRA Section 333, and will not require an
airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H.19 Section 333 provides authority for a UAS to operate without airworthiness
certification and sets forth requirements for considering whether a UAS will create a
hazard to users of the NAS or the public, or otherwise pose a threat to national security.
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 may operate safely in the nat ional airspace system before completion of the plan and rulemaking required by section 332 of this Act or the guidance required by section 334 of this Act.

(b) Assessment of Unmanned Aircraft Systems.

-- In making the determination under subsection (a), the Secretary shall determine, at a minimum

-- (1) which types of unmanned aircraft systems, if any, as a result of their size, weight, speed, operational capability, proximity to airports and populated areas, and operation within visual line of sight do not create a hazard to users of the national airspace system or the public or pose a threat to national security; and
(2) whether a certificate of waiver, certificate of authorization, or airworthiness certification under section 44704 of title 49, United St ates Code, is required for the operation of unmanned aircraft systems identified under paragraph (1).
(c) Requirements for Safe Operation.

-- If the Secretary determines under this section that certain unmanned aircraft systems may operate safely in the

na tional airspace system, the Secretary shall establish requirements for the safe operation of such aircraft systems in the national airspace system.
In seeking this exemption, Code 8 Technologies, LLC submits that 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 Demonstrate Its Safe Characteristics.20 The DJI Phantom 3 UAS do es not create a hazard to users of the NAS or the
public, or otherwise pose a threat to national security considering its size, weight, speed,
and operational capability.

i. Technical Specifications Of Th e DJI Phantom 3 UAS.
The technical specifications of the DJI Phantom 3 UAS are available at the links set
forth in Appendix A and Appendix B hereto.

ii. The DJI Phantom 3 UAS Autonomous Flight And Navigation Modes Enable The UASs To Remain Within A Defined Operational Area.

The DJI Phantom 3 UAS may be operated in manual or fully autonomous flight
modes. A complete description of the flight and navigational modes of the D JI Phantom 3
UAS is provided in the DJI Phantom 3 User Manual, a link to which is attached hereto as
Appendix B

.
iii. The DJI Phantom 3 UAS Incorporates Numerous Safety Features

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

forth in the DJI Phantom 3 User Manual (see, especially, pp. 9

- 16)
, a link to which is

attached hereto in Appendix B

.

iv. The DJI Phantom 3 GCS And Its Operation.
A complete description of the operation and specifications of the DJI Phantom 3
GCS and flight control software is provided at pages 32 through 43 of the DJI Phantom 3

User Manual (see Appendix B)

.

b. Flight Operations Of DJI Phantom 3 UAS is Limited To The Line Of Sight Of A Certificated Pilot in Command With A Safety Observer.
Code 8 Technologies, LLC will only utilize certificated pilots who possess a
current and valid airman medical certificate to act as a pilot in command (PIC) of the D JI

Phantom 3 UAS . Additionally, a safety observer will assist all pilots during flight time.21 c. Flights Of DJI Phantom 3 UAS Will Be Conducted Pursuant To Specific Operating Limitations.
In seeking this exemption, Code 8 Technologies, LLC proposes to commercially

operate DJI Phantom 3 UAS for the special purpose of conducting aerial video and
photography over certain areas of United States, pursuant to the following specific
operating limitations:
1. Operations authorized by this grant of exemption will be limited to the following aircraft described in the operating documents, rotorcraft UASs weighing less than 55 pounds maximum gross weight: DJI Phantom 3 Unmanned Aircraft Systems. Proposed operations of any other aircraft will require a n ew petition or a petition to amend this grant.
2. UAS operations under this exemption will be limited to conducting operations for the purpose of aerial video and photography.

3. The UA S may not be flown at an indicated airspeed exceeding 30 knots.

4. The UA S must be operated at an altitude of no more than 4 00 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 UA S must be operated within visual line of sight (VLOS) of the PIC at all times. This requires the PIC to be able to use human vision unaided by any device other than corrective lenses, as 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 flight. The P IC 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.22 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 conditio ns and limitations contained in the grant of exemption and the procedures outlined in the operating documents, the conditions and limitations contained in the grant of exemption take precedence and must be followed. Otherwise, the operator must follow the procedures as outlined in its operating documents. The operator may update or revise its operating documents. It is the operator’s responsibility to track such revisions and present updated and revised documents to the Administrator upon request. The opera tor must also present updated and revised documents if it petitions for extension or amendment to the grant of exemption. If the operator determines that any update or revision would affect the basis upon which the FAA granted the exemption, then the opera tor 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 e nsure 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 aircraft records.
11. Any UAS that has undergone maintenance or alterations that affect the UAS operation or flight characteristics, e.g. replacement of a flight critical component, must undergo a functional test flight. The PIC who conducts the functional test flight must make an entry in the aircraft records.
12. The pre

- flight inspectio n must account for all potential discrepancies, e.g. inoperable components, items, or equipment, not already covered in the relevant sections of the operating documents.
13. The operator must follow the UAS manufacturer’s aircraft/component, maintenance, overhaul, replacement, inspection, and life limit requirements.
14. The operator must carry out its maintenance, inspections, and record keeping requirements, in accordance with the operating documents. Maintenance, inspection, alterations, and status of replacement/overhaul component parts must be noted in the aircraf t 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. Th e authorized person must make an entry in the aircraft record of the corrective action taken against discrepancies discovered between inspections.23 17. The PIC must possess at least a private pilot certificate and at least a current third

- class medical c ertificate.
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 tra ining 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 fl ight operations are considered nonparticipants, and the PIC must operate the UA with appropriate distance from nonparticipants in accordance with 14 C.F.R. § 91.119.
19. UAS operations may not be conducted during night, as defined in 14 C.F.R. § 1.1. All operations must be conducted under visual meteorological conditions (VMC). If flight at night is required, a special request will be made at the FAA office closest to proposed area of operations. Flights under special visual flight rules (SVFR) are not au thorized.
20. The UA may not operate within 5 nautical miles of an airport reference point as denoted on a current FAA

- published aeronautical chart unless a letter of agreement with that airport’s management is obtained, and the operation is conducted in accordance with a NOTAM as required by the operator’s COA. The letter of agreement with the airport management must be made available to the Administrator upon request.

21. The UA may not be operated less than 5 00 feet below or less than 2,000 feet hori zontally from a cloud or when visibility is less than 3 statute miles from the PIC.
22. If the UA loses communications or loses its GPS signal, it must return to a pre

determined location within the planned operating area and land or be recovered in acc ordance 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 fore cast 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.24 25. The operator must obtain an Air Traffic Organization (ATO) issued Certificate of Waiver or Authorization (COA) prior to conducting any operations under the grant of exemption. This COA will also require the operator to request a Notice to Airman (NOTAM) not more than 72 hours in advance, but not less than 48 hours prior to the operation. All ope rations shall be conducted in accordance with airspace requirements in the ATO issued COA including class of airspace, altitude level and potential transponder requirements.
26. All aircraft operated in accordance with the exemption must be identified by serial number, registered in accordance with 14 C.F.R. part 47, and have identification (N

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

27. Before conducting operations, the radio frequency spectrum used for operation and control of the UA must comply with the Federal Communications Commission (FCC) or other appropriate government oversight agency requirements.
28. The documents required under 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 Administrator or any law enforcement official upon request.

29. The UA must remain c lear 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 feet from all nonparticipat ing persons (persons other than the PIC, SO, operator trainees or essential persons), vessels, vehicles, and structures unless:
a. Barriers or structures are present that sufficiently protect nonparticipating persons from the UA and/or debris in the even t of an accident. The operator must ensure that nonparticipating persons remain under such protection. If a situation arises where nonparticipating persons leave such protection and are within 500 feet of the UA, flight operations must cease immediately an d/or;
b. The aircraft is operated near vessels, vehicles or structures where the owner/controller of such vessels, vehicles or structures has granted permission and the 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 hazard to those persons per § 91.119(a).25 32. All operations shall be conducted over private o r controlled

- access property with permission from the land owner/controller or authorized representative. Permission from land owner/controller or authorized representative will be obtained for each flight to be conducted.
33. Any incident, accident, or flight operation that transgresses the lateral or vertical boundaries of the operational area as defined by the applicable COA must be reported to the FAA's UAS Integration Office (AFS

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

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

Code 8 Technologies, LLC submits that the equivalent level of safety established
by Section 61.113(a) and (b) will be maintained because no PIC will be allowed to operate

the DJI Phantom 3 UAS unless that PIC has demonstrated, by meeting minimum flight

hour and c urrency 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 maintaining appropriate distances from people, vessels, vehicles and

structures.

Co nsidering Code 8 Technologies, LLC ’s proposed area of operations, and the
operating limitations set forth

- above; the parallel nature of private pilot aeronautical
knowledge requirements to those of commercial pilot requirements ( See Exemption No.

11062); a nd the airmanship skills necessary to safely operate the DJI Phantom 3 UAS,
Code 8 Technologies, LLC submits that the additional manned airmanship experience of a
commercially certificated pilot would not correlate to the airmanship skills necessary for

Co de 8 Technologies, LLC ’s specific proposed flight operations.
The FAA has previously granted relief from Section 61.113(a) and (b) specific to
UAS, in circumstances similar, in all material respects, to those presented herein (e.g.26

Exemption Nos. 11062, 1 1063, 11064, 11065, 11066, 11067, 11080, 11109, 11110, 11112,

11136, 11138, 11150, 11153, 11156, 11158, 11159, 11160, 11161).
Code 8 Technologies, LLC will not allow any PIC to operate the DJI Phantom 3
UAS unless that PIC has demonstrated, by meeting minimum flight

- hour requirements or

the DJI Phantom 3 UAS training and currency requirements, that the PIC is able to safely
operate the DJI Phantom 3 UAS in a manner consistent with this exemption, includi ng
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 U AS rotorcraft pilot (with a
minimum of 5 hours of those hours as a UAS pilot operating the same make and model of
UAS to be used for operations under the exemption). In addition to the hour requirements,
the PIC must accomplish 3 takeoffs and landings in t he preceding 90 days (for currency
purposes).
As in Exemption Nos. 11062, 11138, and 11153, prior documented flight
experience that was obtained in compliance with applicable regulations will ensure an
equivalent level of safety during Code 8 Technologies , LLC ’s 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 pri or to conducting operations for the purpose of motion picture filming (or similar operations), the PIC must have accumulated and logged, in a manner consistent with 14 CFR 61.51(b), 25 hours of total time as a UAS rotorcraft pilot including at least 10 hou rs 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

e xemption. For clarification, the FAA considers these minimum hour requirements27 to be inclusive rather than additive; i.e. 5 hours make and model time may be included in the 10 hours of multi

- rotor time and the 10 hours may be included in the total 25 hours of UAS rotorcraft time. In addition to the hour requirements, the PIC must accomplish 3 takeoffs and landings in the preceding 90 days (for currency purposes). The FAA finds that at a minimum, the flight

- hour requirements in Exemption No. 11062 are approp riate to practice and build proficiency 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 thi s requirement. Training, proficiency, and experience

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

- building flights the PIC is required to operate th e UA with appropriate distances in accordance with 14 C.F.R 91.119.
Exemption No. 11138 at page 15.
Accordingly, Code 8 Technologies, LLC will ensure safe operations by not
allowing any PIC to operate the DJI Phantom 3 UAS unless that PIC has demonstrat ed, by
meeting minimum flight

- hour and currency requirements, that the PIC is able to safely
operate the DJI Phantom 3 UAS in a manner consistent with the exemption, including
evasive and emergency maneuvers and maintaining appropriate distances from peopl e,
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, Code 8 Technologies, LLC will ensure that the DJI 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, 11109, 11110, 11112,

11136, 11138, 11150, 11153, 11156, 11157, 11158, 11159, 11160, 11161).28 4. Reasons Why An Exemption From The Requirements Of Section 91.121 Would Not Adversely Affect Safety.
The equivalent level of safety established by Section 91.121 will be maintained

because the altitude information of the DJI Phantom 3 UA will be provided to the PIC via
GPS equipment and a radio 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 Code 8 Tec hnologies, LLC ’ s operation of the DJI Phantom 3

UA within vis ual line of sight, at or below 4 00 feet AGL, will ensure a level of safety
equivalent to Section 91.121. The altitude information will be generated by GPS
equipment installed onboard the aircraft . Prior to each flight, a zero altitude initiation point
is automatically established by the UASs at ground level.
The FAA has previously granted relief from Section 91.121 specific to UAS, in
circumstances similar, in all material respects, to those pres ented herein (e.g. Exemption

Nos. 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11112, 11136, 11138,

11150, 11153, 11156, 11157, 11158, 11159, 11160, 11161).
5. Reasons Why An Exemption From The Requirements Of Section 91.151(b) Would Not 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 UAS ; (2) the limitations on the proposed flight operations; and (3) the location
of the proposed flight operations. Accordingly, Code 8 Technologies, LLC will ensure that
it will safely operate the battery powered DJI Phantom 3 UA during daylight hours in VFR
conditions, with enough battery power to fly for a total duration of 16 minutes to the first
point of intended landing and, assuming normal cruising speed, to fly after that for
approximately 7 additional minutes.29 Here, as in Exemption No. 11109, the technical specifications of the DJI Phantom 3

UAS ; the limitations on the proposed flight operations; and the location of the proposed
operations, will ensure an equivalent level of safety established by 14 C.F.R. Secti on
91.151(b). Furthermore, safety will be ensured as the DJI Phantom 3 UAS provide s a

series of audible and visual warnings to the PIC at the GCS when the UAs experiences low
battery voltage. At the critically low battery level, the DJI Phantom UAS will de scend and
land automatically

. Significantly, previous exemptions granted by the FAA concerning Section 91.151
establish that safety is not adversely affected when the technical characteristics and
operating limitations of the UAS are considered. Relief ha s been granted for manned
aircraft to operate at less than the minimums prescribed in Section 91.151, including
Exemption Nos. 2689, 5745, and 10650. Moreover, the FAA has previously granted relief
from Section 91.151 specific to UAS, in circumstances simi lar, in all material respects, to
those presented herein (e.g. Exemption Nos. 8811, 10808, 10673, 11042, 11062, 11063,

11064, 11065, 11066, 11067, 11080, 11109, 11110, 11136, 11138, 11150, 11153, 11156,

11157, 11158, 11159, 11160, 11161).
6. Reasons Why A n Exemption From The Requirements Of Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), And 91.417(a) & (b) Would Not Adversely Affect Safety.
In seeking this exemption, Code 8 Technologies, LLC submits that the equivalent
level of safety with rega rd to the regulatory maintenance and alteration requirements
established by Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b)

will be met because Code 8 Technologies, LLC will use trained technicians to perform

maintenance, alter ations, or pr eventive maintenance on the UAS using the methods,
techniques, and practices prescribed in the operating documents (i.e., Monthly30

Maintenance Log, and DJI Phantom 3 Instruction Manual). Furthermore, Code 8
Technologies, LLC will document and maintain all maintenance records for the DJI

Phantom 3 UAS

.
Since the DJI Phantom 3 UAS will be inspected as prescribed by the operating

documents, Code 8 Technologies, LLC will maintain the equivalent level of safety
established by Sec tions 91.405(a), 91.409(a)(1), and 91.409(a)(2). A copy of the DJI

Phantom 3 User Manual is attached hereto as Appendix B ; a sample Maintenance L og is

attached hereto as Appendix C

. Likewise, the exemption sought will not adversely affect safety because C ode 8
Technologies, LLC will use trained technicians to perform maintenance, alterations or
preventive maintenance on the UAS using the methods, techniques, and practices
prescribed by the operating documents.
Furthermore, the exemption sought would maint ain an equivalent level of safety
established by Sections 91.407, 91.417(a) and 91.417(b), because all maintenance of the

DJI Phantom 3 UAS will be performed by trained technicians. Maintenance will be
documented and maintained utilizing the monthly mainte nance log.
Significantly, previous exemptions granted by the FAA concerning Sections
91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b) establish that safety is
not adversely affected when the technical characteristics and operating limit ations of the

UAS are considered.

In consideration of Code 8 Technologies, LLC ’s proposed operating limitations,
the operating documents, and the technical aspects of the DJI Phantom 3 UAS
, Code 8
Technologies, LLC submits that safety will not be adversel y affected by granting31

exemption from 14 C.F.R. Sections 91.405(a), 91.407(a)(1) and (a)(2), 91.409(a)(2), and
91.417(a) and (b). The FAA has previously granted relief specific to UAS in circumstances
similar, in all material respects, to those presented h erein (e.g. Exemption Nos. 11062,

11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110, 11112, 11136, 11138, 11150,

11153, 11156, 11157, 11158, 11159, 11160, 11161).
7. The FAA May Prescribe Any Other Conditions For Safe Operation.

In accordance with S ection 333 of the FAA Modernization and Reform Act of 2012

(FMRA) and 14 C.F.R. § 21. 16 entitled Special Conditions
, Code 8 Technologies, LLC
requests that the FAA prescribe special conditions for the intended operation 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), 91.40 9(a)(1) & (a)(2), and 91.417(a) & (b). Such special conditions will
permit safe operation of the UAs for the limited purpose of conducting aerial video and
photography over certain areas of the United States for compensation or hire. FMRA

Section 333 sets forth the requirements for considering whether a UAS will create a hazard
to users of the NAS or the public, or otherwise pose a threat to national security; and
further, provides the authority for such UAS to operate without airworthiness certification

in accordance with any requirements that must be established for the safe operation of the

UAS in the NAS.
Likewise, the Administrator may prescribe special conditions pursuant to 14 C.F.R.
§ 21.16, for operation of the DJI Phantom 3 UAS , since the airworth iness regulations of 14
C.F.R. Part 21 do not contain adequate or appropriate safety standards, due to the novel or32

unusual design features of the aircraft. Section 21.16, entitled Special Conditions , states
the following:

If the FAA finds that the airwor thiness regulations of this subchapter do not contain adequate or appropriate safety standards for an aircraft, aircraft engine, or propeller because of a novel or unusual design feature of the aircraft, aircraft engine or propeller, he prescribes special conditions and amendments thereto for the product. The special conditions are issued in accordance with Part 11 of this chapter and contain such safety standards for the aircraft, aircraft engine or propeller as the FAA finds necessary to establish a level of safety equivalent to that established in the regulations.

See 14 C.F.R. § 21.16.

Therefore , in accordance with FMRA Section 333 and 14 C.F.R. § 21.16, the FAA
may prescribe special conditions for Code 8 Technologies, LLC ’s intended operation of

the D JI 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 Sections 61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a),

91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b).

F. A Summary That Can Be Published In The Federal Register, stating: The Rules From Which Code 8 Technologies, LLC Seeks Exemption:
Code 8 Technologies, LLC seeks exemption from the requirements of 14 C.F.R Sections 61.113(a)&(b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b).
A Brief Description Of The Nature Of The Exemption Code 8 Technologies, LLC See ks:
This exemption will permit Code 8 Technologies, LLC to commercially operate an Unmanned Aircraft System (UAS) for the purpose of conducting aerial video and photography over certain areas of the United States.

G. Any Additional Information, Views, Or Arguments Available To Support Code 8 Technologies, LLC ’s Request.
This Petition is made pursuant to the FAA Modernization and Reform Act of 201233

(FMRA) Section 333, which directs the Secretary of Transportation to determine if certain
UAS may operate safely in the NAS. As such, Code 8 Technologies, LLC ’s request for
exemption may be granted pursuant to the authority of FMRA Section 333 and 14 C.F.R

. Part 11, as set forth above.
FMRA Section 333 sets forth the requirements for considering whether a UAS will
create a hazard to users of the NAS or the public, or otherwise pose a threat to national
security; and further, provides the authority for such UAS to operate without airworthiness

certification.

As discussed in detail above, Code 8 Technologies, LLC will operate 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 n ational security.

CONCLUSION

As set forth herein, Code 8 Technologies, LLC seeks an exemption pursuant to 14

C.F.R. § 11.61 and Section 333 of the FAA Modernization and Reform Act of 2012
(FMRA), which will permit safe operation of the DJI Phantom 3 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 o f the FAA Modernization and
Reform Act of 2012, while also advancing the interests of the public, by allowing Code 8
Technologies, LLC to safely, efficiently, and economically operate the DJI Phantom 3

UAS commercially within the NAS.

WHEREFORE , in accord ance with the Federal Aviation Regulations and the FAA

Modernization and Reform Act of 2012, Section 333, Code 8 Technologies, LLC34

respectfully requests that the Administrator grant this Petition for an exemption from the
requirements of 14 C.F.R Sections 61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a),
91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b), and permit Code 8 Technologies,

LLC to operate the DJI Phantom 3 UAS commercially for the purpose of conducting aerial
video and photography o ver certain areas of the United States.

Date d:

________________ , 2015

Respectfully submitted,

P ARAMOUNT L AW G ROUP P LLC

/s/ Christopher C. Jacob Christopher C. Jacob, Esq. 1000 Second Avenue, Ste. 3000 Seattle, Washington 98104

Tel. (206) 979

- 0516 Fax. (206) 4 20

- 5369
Attorneys for Petitioner C ODE 8 T ECHNOLOGIES , LLC35

Appendic es :

A

– DJI Phantom 3 Specifications Data Sheet B

– DJI Phantom 3 Manufacturer’s User Manual C

– Monthly Maintenance Log36 APPENDIX

– A

DJI PHANTOM 3 TECHNICAL SPECIFICATIONS
Code 8 Technologies, LLC only utilizes safe and reliable UASs. DJI is an industry leader in small UAS production. DJI UASs are loaded with ground

- breaking software enabling the user to set parameters which will not allow flight into controlled airspace. Parameters can also be set to limit flight to no higher than a predetermined and set altitude as well as limit f l ight to a predetermined and set distance. In addition, DJI software provides real

time altitude and location information to the PIC via the linked monit or (smart phone/t ablet devices).
Complete technical specifications for the DJI Phantom 3 UAS are available at http://www.dji.com/product/phantom

- 3/spec , which Code 8 Technologies
, LLC
, hereby incorporates by refere nce.37 APPENDIX

– B
The DJI Phantom 3 user manual is available in its entirety at:
http://download.dji

innovations.com/downloads/phantom_3/en/Phantom_3_Professional_User_Manual_v1.4_ en_0915.pdf

(for the Professional model of the Phantom 3)

and at
http://download.dji

innovations.com/downloads/phantom_3/en/Phantom_3_Advanced_User_Manual_v1.4_en _0915.pdf

(for the Advanced model of the Phantom 3).38 APPENDIX

– C