UNITED STATES OF AMERICA DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION

WASHINGTON, DC

Regulatory Docket No. _

IN THE MATTER OF THE PETITION FOR EXEMPTION OF: David L. Pratt FOR AN EXEMPTION SEEKING RELIEF FROM THE REQUIREMEN TS 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) CONCERNI NG COMMERCIAL OPERATION OF DJI PHANTOM 3 PROFESSIONAL UNMANNED AI RCRAFT SYSTEMS PURSUANT TO SECTION 333 OF THE FAA MODERNIZATION AND REFORM ACT OF 2012

(PUBLIC LAW 112-95)

Submitted on June 23, 2015

David L Pratt

727 Alderwood Avenue Deltona, FL 32738 954-647-38072 TABLE OF CONTENTS Page

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

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

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

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

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

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

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

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

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

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

THE SPECIFIC SECTIONS OF 14 C.F.R. FROM WHICH DAVID L. PRATT SEEKS EXEMPTION ............................. ............................. 8

THE EXTENT OF RELIEF DAVID L. PRATT AND THE REASON DAVID L. PRATT SEEKS THE RELIEF............... .......... .................. 11 THE REASONS WHY GRANTING DAVID L. PRATT’S REQUEST W OULD BE IN THE PUBLIC INTEREST .......... .................. .............................15

THE REASONS WHY GRANTING THE EXEMPTION WOULD NOT ADVERSELY AFFECT SAFETY ........................... .............................................. 20

SUMMARY THAT CAN BE PUBLISHED IN THE FEDERAL REGIST ER. .... 32 ANY ADDITIONAL INFORMATION, VIEWS, OR ARGUMENTS AVAILABLE TO SUPPORT DAVID L. PRATT’S REQUEST.... ..

................... 33

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

................................................... ........................ 33

APPENDICES........................................................................................353 GLOSSARY OF ABBREVIATIONS

AGL Above Ground Level AOI Area of Interest ATC Air Traffic Control ATO Air Traffic Organization AV Aerial Vehicle CFR Code of Federal Regulations COA Certificate of Authorization FAA Federal Aviation Administration FAR Federal Aviation Regulation GCS Ground Control Station GPS Global Positioning System LOL Loss of Link NAS National Airspace System NOTAM Notice to Airman PIC Pilot In Command Section 333 FAA Modernization and Reform Act of 201 2 (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 and Landing4 SUMMARY David L. Pratt seeks exemption from the requirement s of 14 C.F.R §§ 61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.40 7(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b), to operate an Unmanned Aircraft Sy stem pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (FMRA). Th is exemption will permit David L. Pratt to operate an Unmanned Aircraft System (UA S) for the commercial purpose of conducting aerial video and photography of construc tion sites, real estate, cinematography, photogrammetry and landscape over c ertain areas of the United States.

INTRODUCTION AND INTERESTS OF THE PETITIONER David L. Pratt provides clients with technological advancements in photography and videography to increase efficiency, productivit y and effectiveness in both real-estate commercial construction, and cinematography. David L. Pratt has over 16 years in both professional engineering and construction industrie s, 12 years of recreational/hobby experience in remote controlled vehicles and over 5 years of experience of UAs without incident. The objective of David L. Pratts’ aerial video and photography operations is to provide high quality imaging for a variety of comme rcial, public, and residential uses, specifically targeting:

• Real estate and private property aerial photography

• Marketing Cinematography

• Construction sites before and after

• Private event photography

• Aerial acquisitions used for inspections of public and private structures

• Increase public knowledge of UAS and promote safe U AS operations.

• Aerial Mapping/Land Surveying5 BACKGROUND Unmanned Aircraft Systems: DJI Phantom 3 Profession al

David L. Pratt seeks an exemption to operate DJI sy stems for compensation or hire

within the NAS. The DJI Phantom 3 Professional is a vertical takeoff and landing (VTOL) Unmanned Aircraft (UA) with a Ground Control Statio n (GCS) utilizing electronic tablet or smart phone systems. The DJI Phantom 3 Professio nal has a maximum gross weight of approximately 2 pounds 13 ounces, while having a le ngth of 23.2 inches width of 23.2 inches, height of 8 inches, and a maximum speed of approximately 35 knots. The DJI Phantom 3 Professional is equipped with four main r otors; driven by Lithium Polymer battery powered electric motors. The DJI Phantom 3 Professional UAS that will be ope rated by David L. Pratt 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, David L. Pratt, pursuant to the provisi ons of the Federal Aviation Regulations (14 C.F.R. § 11.61) and the FAA Moderni zation and Reform Act of 2012 (FMRA), Section 333, Special Rules for Certain Unmanned Aircraft Systems , hereby petitions the Administrator to commercially operate the DJI Phantom 3 Professional UAS in the National Airspace System (NAS), and for an e xemption 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, and li mited operating area associated with the unmanned aircraft and its operation, David L. Pratt’s operation of DJI Phantom 36

Professional UAS meets the conditions of FMRA Secti on 333 and therefore, will not require an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H. Accordingly, David L. Pratt requests relief from Se ctions 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b), as these sections set forth requirements for maintenance that only apply to air craft with an airworthiness certificate. David L. Pratt submits that the requested relief is proper since an equivalent level of safety will be ensured. David L. Pratt will use experienced personnel or technicians to perform maintenance, alterations, or preventive mai ntenance on the UASs using the methods, techniques, and practices prescribed in th e operating documents (i.e., Monthly Maintenance Log, and DJI Phantom 3 Professional Ins truction Manual). Furthermore

David L. Pratt will document and maintain all maint enance 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 David L. Pratt 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 certifica te, and who has demonstrated, by meeting minimum flight- hour and currency requirements, tha t the PIC is able to safely operate the

DJI Phantom 3 Professional UAS in a manner consiste nt with this exemption, including evasive and emergency maneuvers and maintaining app ropriate distances from people, vessels, vehicles and structures. David L. Pratt seeks relief from Section 91.7(a), e ntitled Civil aircraft

airworthiness , because the DJI Phantom 3 Professional UAS does n ot require an

airworthiness certificate in accordance with 14 C.F .R. Part 21, Subpart H. As such, David

L. Pratt7

submits that he will ensure that the DJI Phantom 3 Professional UAS is in an airworthy condition, prior to every flight, by dete rmining that the UAS is in compliance with the operating documents (i.e., Mont hly Maintenance Log, and DJI Phantom 3 Professional Instruction Manual), and tha t the aircraft is in a condition for safe flight. David L. Pratt also seeks an exemption from the req uirements of Section 91.121,

entitled Altimeter Settings , as the DJI Phantom 3 Professional UA will not hav e a typical barometric altimeter onboard. However, altitude inf ormation of the DJI Phantom 3 Professional UA will be provided to the PIC via Glo bal Positioning System (GPS) equipment and radio communications telemetry data l ink, which downlinks from the UA to the GCS for active monitoring of the flight path. T his altitude information, combined with David L. Pratt’s operation of the DJI Phantom 3 Pro fessional UAS within visual line of sight, at or below 400 feet AGL, will ensure a leve l of safety equivalent to Section 91.121. Additionally, David L. Pratt seeks an exemption fro m the requirements of Section 91.151(b), entitled Fuel requirements for flight in VFR conditions . David L. Pratt submits that safety will not be affected by o peration of the DJI Phantom 3 Professional UA during daylight hours in visual met eorological conditions (VMC) under visual flight rules (VFR), with enough battery powe r to fly for a total duration of approximately 13.5 minutes to the first point of in tended landing and, assuming normal cruising speed, to fly after that for at least 4.5 minutes. In accordance with 14 C.F.R. § 11.81, David L. Prat t provides the following information in support of its petition for exemptio n:

A. Name And Address Of The Petitioner. The name and address of the Petitioner and point of contact is:8

David L. Pratt 727 Alderwood Avenue Deltona, FL 32738 Tel: (954) 647-3807 Email: davidpratt.fl@gmail.com

B. The Specific Sections Of 14 C.F.R. From Which David L. Pratt Seeks Exemption.

1. David L. Pratt Seeks Exemption From The Requirement s Of Section 61.113(a) And (b). Section 61.113, entitled Private pilot privileges a nd limitations: Pilot in command , subsections (a) and (b) prescribe the following, in relevant part: (a) No person who holds a private pilot certificate may act as a pilot in command (PIC) of an aircraft that is carrying passengers or property for compensation or hire; nor may that person, for compensation or hire , act as PIC of an aircraft. (b) A private pilot may, for compensation or hire, act as PIC of an aircraft in connection with any business or employment if— (1) The flight is only incidental to that business or e mployment; and (2) The aircraft does not carry passengers or property for compensation or hire.

2. David L. Pratt Seeks Exemption From The Requirement s Of Section 91.7(a). Section 91.7, entitled Civil aircraft airworthiness , subsection (a), states the following: (a) No person may operate a civil aircraft unless i t is in an airworthy condition.

3. David L. Pratt Seeks Exemption From The Requirement s Of Section 91.121. Section 91.121, entitled Altimeter settings, subsec tion (a), states the following, in part: (a) Each person operating an aircraft shall maintain th e cruising altitude or flight level of that aircraft, as the case may be, by refe rence to an altimeter that is set, when operating--9 (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 i n paragraph (a)(1)(i) of this section, the current reported altimeter settin g of an appropriate available station; or (iii) In the case of an aircraft not equipped with a radi o, the elevation of the departure airport or an appropriate altimeter setti ng available before departure.

4. David L. Pratt Seeks Exemption From The Requirement s Of Section 91.151(b). Section 91.151, entitled Fuel requirements for flight in VFR conditions , subsection (b), states the following: (b) No person may begin a flight in a rotorcraft un der VFR conditions unless (considering wind and forecast weather conditions) there is enough fuel to fly to the first point of intended landing and, assumin g normal cruising speed, to fly after that for at least 20 minutes.

5. David L. Pratt Seeks Exemption From The Requirement Of Section 91.405(a). Section 91.405, entitled Maintenance required , subsection (a), states the following: Each owner or operator of an aircraft— (a) Shall have that aircraft inspected as prescribe d in subpart E of this part and shall between required inspections, except as provided in paragraph (c) of this section, have discrepancies repaired as prescribed in part 43 of this chapter[.]

6. David L. Pratt Seeks Exemption From The Requirement s 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 undergo ne maintenance, preventive maintenance, rebuilding, or alteration unless--10 (1) It has been approved for return to service by a per son authorized under § 43.7 of this chapter [.]

7. David L. Pratt Seeks Exemption From The Requirement s 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 m onths, it has had -- (1) An annual inspection in accordance with part 43 of this chapter and has been approved for return to service by a person aut horized 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. David L. Pratt Seeks Exemption From The Requirement s Of Sections 91.417(a) And 91.417(b). Section 91.417, entitled Maintenance records , subsections (a) and (b), state the following: (a) Except for work performed in accordance with §§ 91. 411 and 91.413, each registered owner or operator shall keep the followi ng 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 o ther required or approved inspections, as appropriate, for each aircraft (inc luding the airframe) and each engine, propeller, rotor, and appliance of an aircraft. The records must include-- (i) A description (or reference to data acceptable to t he 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:11 (i) The total time in service of the airframe, each eng ine, each propeller, and each rotor. (ii) The current status of life-limited parts of each ai rframe, 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 b asis. (iv) The current inspection status of the aircraft, incl uding 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 dire ctives (AD) and safety directives including, for each, the method of compl iance, the AD or safety directive number and revision date. If the A D or safety directive involves recurring action, the time and date when t he 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 inst alled engines, rotors, propellers, and appliances. (b) The owner or operator shall retain the following re cords for the periods prescribed: (1) The records specified in paragraph (a)(1) of this s ection shall be retained until the work is repeated or superseded by other w ork or for 1 year after the work is performed. (2) The records specified in paragraph (a)(2) of this s ection shall be retained and transferred with the aircraft at the time the a ircraft is sold. (3) A list of defects furnished to a registered owner o r operator under § 43.11 of this chapter shall be retained until the defects ar e repaired and the aircraft is approved for return to service.

C. The Extent Of Relief David L. Pratt Seeks And The R eason David L. Pratt Seeks The Relief.

1. Extent Of Relief David L. Pratt Seeks And The Reaso n David L. Pratt Seeks Relief From Section 61.113(a) And (b). Relief from Section 61.113(a) and (b) entitled Private pilot privileges and

limitations: Pilot in command , is requested to the extent necessary to allow a P IC holding a12

private pilot or higher level certificate, as well as a current and valid airman medical certificate, and who has met certain flight-hour an d 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 n ot carry passengers or property for compensation or hire. As set forth more fully below, David L. Pratt submi ts that an equivalent level of safety will be maintained because no PIC will be al lowed to operate the DJI Phantom 3

Professional UAS unless that PIC has met certain fl ight-hour and currency requirements, demonstrating that the PIC is able to safely operat e the DJI Phantom 3 Professional UAS in a manner consistent with the operations specific ations as described in this exemption, including evasive and emergency maneuvers, as well as maintaining appropriate distances from people, vessels, vehicles and structures. Further, David L. Pratt 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 David L. Pratt business; and (2) will not carry pas sengers or property for compensation

or hire.

2. Extent Of Relief David L. Pratt Seeks And The Reaso n David L. Pratt

Seeks Relief From Section 91.7(a). Relief from Section 91.7(a) entitled Civil aircraft airworthiness , is requested to the extent required to allow David L. Pratt to determin e that the DJI Phantom 3 Professional UAS is in airworthy condition prior to every flight by ensuring that the UAS is in13

compliance with the operating documents (i.e., Mont hly Maintenance Log, and DJI Phantom 3 Professional Instruction Manual). David L. Pratt seeks the requested relief because t he DJI Phantom 3 Professional UAS does not require an airworthiness certificate i n accordance with 14 C.F.R. Part 21, Subpart H. Therefore, David L. Pratt will ensure th at the DJI Phantom 3 Professional UAS is in airworthy condition based upon its compliance with the operating documents (i.e., Monthly Maintenance Log, and DJI Phantom 3 Professi onal Instruction Manual) prior to every flight, and further, determine that the aircr aft is in condition for safe flight, as stated

in the conditions and limitations below.

3. Extent Of Relief David L. Pratt Seeks And The Reaso n David L. Pratt Seeks Relief From Section 91.121. Relief from Section 91.121, entitled Altimeter sett ings, may be required to allow flight operations of the DJI Phantom 3 Professional UAS, which utilize a barometric pressure sensor, GPS equipment, and a radio communi cations telemetry data link to

downlink altitude information from the UA to the PI C at the ground control station (GCS). Since the FAA requires that any altitude inf ormation concerning UAS operations be reported to air traffic control (ATC) in feet ab ove ground level (AGL), David L. Pratt seeks the requested relief because the DJI Phantom 3 Professional UA altimeter may be set on the ground to zero feet AGL, rather than the local barometric pressure or field altitude, before each flight. Considering the limited altitude of the proposed op erations, 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 h erein, an equivalent level of safety will

be maintained since the DJI Phantom 3 Professional UA is equipped with a barometric

pressure14

sensor and GPS equipment, which automatically ensur es that a ground level pressure setting will be established prior to each flight, a nd provides the PIC with altitude information of the UA on the heads-up display of th e GCS.

4. Extent Of Relief David L. Pratt Seeks And The Reaso n David L. Pratt Seeks Relief From Section 91.151(b). Relief from Section 91.151(b) entitled Fuel require ments for flight in VFR conditions, is requested to the extent required to allow flights of the battery powered DJI Phantom 3 Professional UA during daylight hours in visual meteorological conditions (VMC), under visual flight rules (VFR), for a total duration of 13.5 minutes to the first point of intended landing and, assuming normal crui sing speed, to fly after that for at least 4.5 minutes. David L. Pratt seeks the request ed relief because without an exemption from Section 91.151(b), the flight time duration of the battery powered DJI Phantom 3 Professional UA will severely constrain the practic ality of any aerial video or still photo flight operations that David L. Pratt proposes to c onduct pursuant to this Petition. Significantly, as set forth below, the technical sp ecifications of the DJI Phantom 3 Professional UAS, the DJI Phantom 3 Professional op erating documents, and David L. Pratt’s proposed operating limitations, ensure that David L. Pratt will safely operate the battery powered DJI Phantom 3 Professional UA durin g daylight hours in visual meteorological conditions (VMC), under visual fligh t rules (VFR), with enough battery power to fly for a total duration of 13.5 minutes t o the first point of intended landing and, assuming normal cruising speed, to fly after that f or at least 4.5 minutes.

5. Extent Of Relief David L. Pratt Seeks And The Reaso n David L. Pratt Seeks Relief From Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), And 91.417(a) & (b).15 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 certif icate, David L. Pratt requests relief from

these Sections because the DJI Phantom 3 Profession al UAS does not require airworthiness certificates. As set forth more fully below, the DJI Phantom 3 Professional UAS meets the conditions of FMRA Section 333 for op eration without an airworthiness certificate. Accordingly, David L. Pratt will use t rained technicians to perform maintenance, alterations, or preventive maintenance on the UASs using the methods, techniques, and practices prescribed in the UAS ope rating documents (i.e., Monthly Maintenance Log, and DJI Phantom 3 Professional). F urthermore, David L. Pratt will

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

D. The Reasons Why Granting David L. Pratt’s Request W ould Be In The Public Interest; That Is, How It Would Benefit The Public As A Whole. Granting the present Petition will further the publ ic interest by allowing David L. Pratt to safely, efficiently, and economically perf orm aerial video and photography of construction sites, real estate, cinematography, ph otogrammetry and 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 significa nt benefits to the economy. Notably, the benefits of David L. Pratt’s proposed operation of the DJI Phantom 3 Professional UAS will be realized without implicating any privac y issues.

1. The Public Will Benefit From Decreased Congestion O f The NAS. The DJI Phantom 3 Professional UA is battery powere d 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 ai rcraft needed to perform aerial acquisitions, an exemption allowing the use of a DJ I Phantom 3 Professional UAS would16

reduce the amount of manned aircraft in the NAS, re duce 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 aircr aft operating in the NAS, congestion around airports caused by arriving and d eparting aircraft will be reduced. The DJI Phantom 3 Professional UA does not require an a irport to takeoff or land. Likewise, a reduction of manned aircraft conducting aerial vi deo and photography missions would result in fewer aircraft that must be handled by ai r traffic control during the ground, takeoff, departure, arrival, and landing phases of flight operations.

2. The Public Will Benefit From The Safety And Efficie ncy Of The DJI Phantom 3 Professional UAS. Conducting aerial acquisitions with the DJI Phantom 3 Professional UAS, instead of manned aircraft, will greatly benefit the public by drastically reducing the levels of air and noise pollution generated during traditional ae rial video and still photography flight operations. By using battery power and electric mot ors, the DJI Phantom 3 Professional UAS produces no air pollution, and is the most viab le environmentally conscious alternative to the cabin class, six cylinder intern al 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 P hantom 3 Professional UA, while reducing the carbon footprint of aerial acquisition s, also eliminates noise pollution, as the UAs are propelled by battery powered electric motor s, rather than an internal combustion engine. By using the DJI Phantom 3 Professional UAS to perf orm aerial acquisitions, the substantial risk to life and property in the ai r and on the ground, which is usually associated with traditional access methods, will be substantially reduced or completely eliminated. Aside from the lack of flight crew memb ers located onboard the aircraft, the21

DJI Phantom 3 Professional UA (weighing approximat ely 2 pounds 11 ounces, at its maximum gross weight with a length of 16 inches, wi dths of 16 inches, and with no fuel on board), has less physical potential for collater al damage to life and property on the ground, and in the air, compared to the manned airc raft that typically conduct similar operations (weighing approximately 6,000 pounds wit h a wingspan of approximately 42 feet, a length of 34 feet, and a fuel capacity of 1 80 gallons).

3. Performing Aerial Video and Photography Operations With The DJI Phantom 3 Professional UAS Will Benefit The Eco nomy. In addition to being safe and efficient, the DJI Ph antom 3 Professional UAS is also an economical alternative to using manned airc raft to conduct similar aerial operations. As such, operation of the DJI Phantom 3 Professional UAS will allow United States based companies, like David L. Pratt’s, to r emain 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 phasin g out leaded aviation fuels, U.S. owned and operated companies must adopt new and alt ernative technology in order to remain competitive. Operating the battery powered D JI Phantom 3 Professional UASs is one such technology that not only allows companies greater operational flexibility compared to manned aircraft, but provides such flex ibility without the high operational

cost of a traditional manned aircraft. By operating the DJI Phantom 3 Professional UAS, co mpanies such as David L. Pratt’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. com panies, through commercial use of the DJI Phantom 3 Professional UAS, provides a s table workforce that increases20

consumer spending; improves local, state, and feder al 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 ope rations that have been conducted for decades, David L. Pratt’s 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., Monthly Maintenance Log, and DJI Phantom 3 Professional) wh ich requires property owner

involvement as well as local law enforcement notifi cation, and in accordance with the Federal Aviation Regulations, including the minimum altitude requirements of 14 C.F.R. § 91.119.

E. The Reasons Why Granting The Exemption Would Not Ad versely Affect Safety, Or How The Exemption Would Provide A Level Of Safet y At Least Equal To That Provided By The Rule From Which David L. Pratt Seek s Exemption. 1. Reasons Why The DJI Phantom 3 Professional UA Meets The Conditions Of The FAA Modernization and Reform Act of 2012 (FMRA) Section 333. In consideration of the size, weight, speed, and li mited operating area associated with the unmanned aircraft and its operation, David L. Pratt’s operation of the DJI

Phantom 3 Professional UAS meets the conditions of FMRA Section 333, and will not require an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H. Section 333 provides authority for a UAS to operate without airworthiness certification and sets forth requirements for consi dering whether a UAS will create a hazard to users of the NAS or the public, or otherw ise pose a threat to national security. Specifically, FMRA Section 333 states the following , in part:21 (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 national airspace system befo re 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, proxim ity to airports and populated areas, and operation within visual line o f sight do not create a hazard to users of the national airspace system o r the public or pose a threat to national security; and (2) ) whether a certificate of waiver, certificate of a uthorization, or airworthiness certification under section 44704 of title 49, United States Code, is required for the operation of unman ned aircraft systems identified under paragraph (1). (c) Requirements for Safe Operation.--If the Secretary determines under this section that certain unmanned aircraft systems may operate safely in the national airspace system, the Secretary shall estab lish requirements for the safe operation of such aircraft systems in the nati onal airspace system. In seeking this exemption, David L. Pratt submits t hat the DJI Phantom 3 Professional UAS can operate safely in the NAS purs uant 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 specif ic operating limitations.

a. The Specifications Of The DJI Phantom 3 Professiona l UAS Demonstrate Its Safe Characteristics. The DJI Phantom 3 Professional UAS does not create a hazard to users of the NAS or the public, or otherwise pose a threat to na tional security considering its size, weight, speed, and operational capability.

i. Technical Specifications Of The DJI Phantom 3 Profe ssional UAS. The technical specification of the DJI Phantom 3 Pr ofessional UAS is set forth by the DJI Phantom 3 Professional Specifications and D ata Sheet, attached hereto as20

Exhibit A.

ii. The DJI Phantom 3 Professional UAS Autonomous Fligh t And

Navigation Modes Enable The UASs To Remain Within A Defined Operational Area. The DJI Phantom 3 Professional UAS may be operated in both manual and fully autonomous flight modes. A complete description of the flight and navigational modes of the DJI Phantom 3 Professional UAS is provided at p ages 11 and 40-47 of the DJI Phantom 3 Professional User Manual, attached hereto as Exhibit B .

iii. The DJI Phantom 3 Professional UAS is Designed For Automatic Return To Home Point Or Hover In The Event Of Loss Of The Control Link Or Navigation. When the Control Link is lost, the DJI Phantom 3 Pr ofessional UA will remain stationary, in flight, for 3 seconds or more. If, a fter 3 seconds, the DJI Phantom 3 Professional UA does not reacquire control link dat a from the GCS, the UAs will assume

that the Control Link is lost and the UAs will retu rn to the home position (i.e., failsafe mode) via GPS, and will descend to the takeoff posi tion and shutdown. A complete description of the Failsafe Functions of the DJI Phantom 3 Professional UAS are set forth at page 12-14 of the DJI Phantom 3 Professional User Manual, attached hereto as Exhibit B.

iv. The DJI Phantom 3 Professional GCS And Its Operatio n. A complete description of the operation and specifi cations of the DJI Phantom 3 Professional GCS and flight control software is pro vided at pages 34 through 38 of the

DJI Phantom 3 Professional User Manual. DJI Phantom 3 Professional User Manual is

attached hereto as Exhibits B.

b. Flight Operations Of DJI Phantom 3 Professional UAS is Limited To The Line Of Sight Of A Pilot in Command With A S afety Observer.21 David L. Pratt will only utilize pilots who possess a current and valid airman medical certificate to act as a pilot in command (P IC) of the DJI Phantom 3 Professional UAS. Additionally, a safety observer w ill assist all pilots during flight

time.

c. Flights Of DJI Phantom 3 Professional UAS Will Be C onducted

Pursuant To Specific Operating Limitations. In seeking this exemption, David L. Pratt 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, pu rsuant to the following specific operating limitations:

1. Operations authorized by this grant of exemption wi ll be limited to the following aircraft described in the operating documents, roto rcraft UASs 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 of aerial video and photography. 3. The UAs may not be flown at an indicated airspeed e xceeding 20 knots. 4. The UA must be operated at an altitude of no more t han 400 feet above ground level (AGL), as indicated by the procedures specifi ed in the operating documents unless a special request is made and appr oved by ATC. All altitudes reported to ATC must be in feet AGL.

5. The UA must be operated within visual line of sight (VLOS) of the PIC at all times. This requires the PIC to be able to use huma n vision unaided by any device other than corrective lenses.

6. The use of first person view (FPV) by the PIC or sa fety 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 main tains VLOS capability. The SO and PIC must be able to communicate verbally at all times. Electronic messaging or texting is not permitted during flight operations. The PIC must be designated before the flight and cannot transfer hi s or her designation for the duration of the flight. The PIC must ensure that th e SO can perform the functions prescribed in the operating documents.22 8. The SO must not perform any other duties beyond ass isting the PIC with seeing and avoiding other air traffic and other ground bas ed obstacles/obstructions and is not permitted to operate the camera or other ins truments. 9. The operating documents and the grant of exemption must be accessible during UAS operations and made available to the Administra tor upon request. If a discrepancy exists between the conditions and limit ations contained in the grant of exemption and the procedures outlined in the ope rating documents, the conditions and limitations contained in the grant o f exemption take precedence and must be followed. Otherwise, the operator must follow the procedures as outlined in its operating documents. The operator m ay update or revise its operating documents. It is the operator’s responsib ility to track such revisions and present updated and revised documents to the Ad ministrator upon request. The operator must also present updated and revised documents if it petitions for extension or amendment to the grant of exemption. I f 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 t he operating documents. 10. Prior to each flight the PIC must inspect the UAS t o ensure that it is in a condition for safe flight. If the inspection reveal s a condition that affects the safe operation of the UAS, the aircraft is prohibit ed from operating until the necessary maintenance has been performed and the UA S is found to be in a condition for safe flight. The Ground Control Stati on must be included in the preflight inspection. All maintenance and alteratio ns must be properly documented in the aircraft records. 11. Any UAS that has undergone maintenance or alteratio ns that affect the UAS operation or flight characteristics, e.g. replaceme nt of a flight critical component, must undergo a functional test flight. T he PIC who conducts the functional test flight must make an entry in the ai rcraft records. 12. The pre-flight inspection must account for all pote ntial discrepancies, e.g. inoperable components, items, or equipment, not alr eady covered in the relevant sections of the operating documents. 13. The operator must follow the UAS manufacturer’s air craft/component, maintenance, overhaul, replacement, inspection, and life limit requirements. 14. The operator must carry out its maintenance, inspec tions, and record keeping requirements, in accordance with the operating docu ments. Maintenance, inspection, alterations, and status of replacement/ overhaul component parts must be noted in the aircraft records, including to tal time in service, description of work accomplished, and the signature of the auth orized person returning the UAS to service.23 15. Each UAS operated under this exemption must comply with all manufacturer Safety Bulletins. 16. The authorized person must make an entry in the air craft record of the corrective action taken against discrepancies disco vered between inspections. 17. The PIC must possess at least a current medical cer tificate. 18. The operator may not permit any PIC to operate unle ss 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 wil l be operated under the exemption, including evasive and emergency maneuver s and maintaining appropriate distances from persons, vessels, vehicl es and structures. PIC qualification flight hours must be logged in a mann er consistent with 14 C.F.R. § 61.51(b). Flights for the purposes of training th e operator’s PICs are permitted under the terms of the exemption. However , training operations may only be conducted during dedicated training session s. During training, proficiency, and experience-building flights, all p ersons not essential for flight operations are considered nonparticipants, and the PIC must operate the UA with appropriate distance from nonparticipants in a ccordance with 14 C.F.R. § 91.119. 19. UAS operations may not be conducted during night, a s defined in 14 C.F.R. § 19.1. All operations must be conducted under visual meteo rological conditions (VMC). If flight at night is required, a special request will be made at the FAA office closest to proposed area of opera tions. Flights under special visual flight rules (SVFR) are not authorized. 20. The UA may not operate within 5 nautical miles of a n airport reference point as denoted on a current FAA-published aeronautical cha rt unless a letter of agreement with that airport’s management is obtaine d, 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 500 feet below or less than 2,000 feet horizontally from a cloud or when visibility is les s than 3 statute miles from the PIC. 22. If the UA loses communications or loses its GPS sig nal, it must return to a predetermined location within the planned operating ar ea and land or be recovered in accordance with the operating documents. 23. The PIC must abort the flight in the event of unpre dicted obstacles or emergencies in accordance with the operating docume nts. 24. The PIC is prohibited from beginning a flight unles s (considering wind and forecast weather conditions) there is enough power to fly at normal cruising24 speed to the intended landing point and land the UA with 25% battery power remaining. 25. The operator must obtain an Air Traffic Organizatio n (ATO) issued Certificate of Waiver or Authorization (COA) prior to conductin g 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 operations shall be conducted in accordance with airspace requirements in the ATO issued COA in cluding class of airspace, altitude level and potential transponder requiremen ts. 26. All aircraft operated in accordance with the exempt ion must be identified by serial number, registered in accordance with 14 C.F .R. part 47, and have identification (N- Number) markings in accordance w ith 14 C.F.R. part 45, Subpart C. Markings must be as large as practicable

. 27. Before conducting operations, the radio frequency s pectrum used for operation and control of the UA must comply with the Federal Communications Commission (FCC) or other appropriate government ov ersight agency requirements. 28. The documents required fewer than 14 C.F.R. 91.9 an d 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 avai lable to the Administrator or any law enforcement official upon request. 29. The UA must remain clear and yield the right of way to all manned aviation operations and activities at all times. 30. The UAS may not be operated by the PIC from any mov ing device or vehicle. 31. Flight operations must be conducted at least 500 fe et from all nonparticipating persons (persons other than the PIC, SO, operator t rainees or essential persons), vessels, vehicles, and structures unless:

a. Barriers or structures are present that sufficientl y protect nonparticipating persons from the UA and/or debris in the event of a n accident. The operator must ensure that nonparticipating persons remain under such protection. If a situation arises where nonparticip ating persons leave such protection and are within 500 feet of the UA, fligh t operations must cease immediately and/or; b. The aircraft is operated near vessels, vehicles or structures where the owner/controller of such vessels, vehicles or struc tures has granted permission and the PIC has made a safety assessment of the risk of operating closer to those objects and determined th at it does not present an undue hazard, and;25 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). 32. All operations shall be conducted over private or c ontrolled-access property with permission from the land owner/controller or a uthorized 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 tr ansgresses the lateral or vertical boundaries of the operational area as defi ned by the applicable COA must be reported to the FAA's UAS Integration Offic e (AFS-80) within 24 hours. Accidents must be reported to the National T ransportation Safety Board (NTSB) per instructions contained on the NTSB Web s ite: www.ntsb.gov

. 2. Reasons Why An Exemption From The Requirements Of S ection 61.113(a) And (b) Would Not Adversely Affect Safety. David L. Pratt 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 Professional UAS unless that PIC has demo nstrated, by meeting minimum flight- hour and currency requirements, that the PI C is able to safely operate the DJI

Phantom 3 Professional UAS in a manner consistent w ith the exemption, including evasive and emergency maneuvers and maintaining appropriate distances from people, vessels,

vehicles and structures. Considering David L. Pratt’s proposed area of opera tions, and the operating limitations set forth-above; the parallel nature of private pilot aeronautical knowledge requirements to those of commercial pilot requireme nts (See Exemption No. 11062); and the airmanship skills necessary to safely operate t he DJI Phantom 3 Professional UAS,

David L. Pratt submits that the additional manned a irmanship experience of a commercially certificated pilot would not correlate to the airmanship skills necessary for David L. Pratt’s specific proposed flight operation s.26 The FAA has previously granted relief from Section 61.113(a) and (b) specific to UAS, in circumstances similar, in all material resp ects, to those presented herein (e.g. Exemption Nos. 11062, 11063, 11064, 11065, 11066, 1 1067, 11080, 11109, 11110, 11112, 11136, 11138, 11150, 11153, 11156, 11158, 11159, 11 160, 11161). David L. Pratt will not allow any PIC to operate th e DJI Phantom 3 Professional UAS unless that PIC has demonstrated, by meeting mi nimum flight-hour requirements or the DJI Phantom 3 Professional UAS training and cur rency requirements, that the PIC is able to safely operate the DJI Phantom 3 Profession al UAS in a manner consistent with this exemption, including evasive and emergency man euvers and maintaining appropriate distances from people, vessels, vehicles and struct ures. Specifically, the PIC must have accumulated and log ged, in a manner consistent with 14 C.F.R. § 61.51(b), 25 hours of total time a s a UAS rotorcraft pilot (with a minimum of 5 hours of those hours as a UAS pilot op erating 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 the preceding 90 days (for currency purposes). As in Exemption Nos. 11062, 11138, and 11153, prior documented flight experience that was obtained in compliance with app licable regulations will ensure an equivalent level of safety during David L. Pratt’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 prior to conducting operations for the purpose of motion picture filming (or similar o perations), 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 l east 10 hours logged as a UAS27 pilot with a multi-rotor UAS. Prior to operations u nder 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 the se 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 th e 10 hours may be included in the total 25 hours of UAS rotorcraft time. In addit ion 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 appropriate 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 this requ irement. Training, proficiency, and experience-building flights can also be conduct ed under the grant of exemption to accomplish the required flight time. During trai ning, proficiency, and experience-building flights the PIC is required to operate the UA with appropriate distances in accordance with 14 C.F.R 91.119. Exemption No. 11138 at page 15. Accordingly, David L. Pratt will ensure safe operat ions by not allowing any PIC to operate the DJI Phantom 3 Professional UAS unless t hat PIC has demonstrated, by meeting minimum flight-hour and currency requiremen ts, that the PIC is able to safely operate the DJI Phantom 3 Professional UAS in a man ner consistent with the exemption, including evasive and emergency maneuvers and maint aining appropriate distances from people, vessels, vehicles and structures.

3. Reasons Why An Exemption From The Requirements Of S ection 91.7(a) Would Not Adversely Affect Safety. The equivalent level of safety established by Secti on 91.7(a) will be maintained because prior to every flight, David L. Pratt will ensure that the DJI Phantom 3 Professional 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 r espects, to those presented herein (e.g.30

Exemption Nos. 11062, 11063, 11064, 11065, 11066, 1 1067, 11080, 11109, 11110, 11112, 11136, 11138, 11150, 11153, 11156, 11157, 11158, 11 159, 11160, 11161).

4. Reasons Why An Exemption From The Requirements Of S ection 91.121 Would Not Adversely Affect Safety. The equivalent level of safety established by Secti on 91.121 will be maintained

because the altitude information of the DJI Phantom 3 Professional UA will be provided to the PIC via GPS equipment and a radio communicat ions telemetry data link, which

downlinks from the UA to the GCS for active monitor ing of the flight path and altitude. This altitude information, combined with David L. P ratt’s operation of the DJI Phantom 3 Professional UA within visual line of sight, at or below 400 feet AGL, will ensure a level of safety equivalent to Section 91.121. The altitud e 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 presented herein (e.g. Exemption Nos. 11062, 11063, 11064, 11065, 11066, 11067, 1108 0, 11109, 11112, 11136, 11138, 11150, 11153, 11156, 11157, 11158, 11159, 11160, 11 161).

5. Reasons Why An Exemption From The Requirements Of S ection 91.151(b) Would Not Adversely Affect Safety. A grant of this exemption would ensure an equivalen t level of safety established by 14 C.F.R. Section 91.151(b) as a result of (1) the technical specifications of the DJI Phantom 3 Professional UAS; (2) the limitations on the proposed flight operations; and (3) the location of the proposed flight operations. Acc ordingly, David L. Pratt will ensure that it will safely operate the battery powered DJI Phan tom 3 Professional UA during daylight hours in VFR conditions, with enough battery power to fly for a total duration of 13.531

minutes to the first point of intended landing and, assuming normal cruising speed, to fly

after that for at least 4.5 minutes. Here, as in Exemption No. 11109, the technical spec ifications of the DJI Phantom 3 Professional UAS; the limitations on the proposed f light operations; and the location of the proposed operations, will ensure an equivalent leve l of safety established by 14 C.F.R. Section 91.151(b). Furthermore, safety will be ensu red as the DJI Phantom 3 Professional UAS provide audible and visual warnings to the PIC at the GCS when the UAs experiences low battery voltage, the first warning occurring at approximately 33% remaining battery power, and again at approximately 10% remaining battery power. At the critically low battery level, the DJI Phantom Visio n+ UAS will descend and land automatically. Significantly, previous exemptions granted by the F AA concerning Section 91.151 establish that safety is not adversely affected whe n the technical characteristics and operating limitations of the UAS are considered. Re lief has been granted for manned aircraft to operate at less than the minimums presc ribed 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 circumstanc es similar, in all material respects, to those presented herein (e.g. Exemption Nos. 8811, 1 0808, 10673, 11042, 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110, 11 136, 11138, 11150, 11153, 11156, 11157, 11158, 11159, 11160, 11161).

6. Reasons Why An Exemption From The Requirements Of S ections 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, David L. Pratt submits t hat the equivalent level of safety with regard to the regulatory maintenance and alter ation requirements established by30

Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a )(2), and 91.417(a) & (b) will be met

because David L. Pratt will use trained technicians to perform maintenance, alterations, or preventive maintenance on the UAS using the methods , techniques, and practices prescribed in the operating documents (i.e., Monthl y Maintenance Log, and DJI Phantom 3 Professional Instruction Manual). Furthermore, Davi d L. Pratt will document and maintain

all maintenance records for the DJI Phantom 3 Profe ssional UAS.

Since the DJI Phantom 3 Professional UAS will be in spected as prescribed by the operating documents, David L. Pratt will mai ntain the equivalent level of safety established by Sections 91.405(a), 91.409(a) (1), and 91.409(a)(2). A copy of

the DJI Phantom 3 Professional User Manual is attac hed hereto as Exhibit B; a copy

of the DJI Phantom 3 Professional UAS Maintenance L OG is attached hereto as

Exhibit C. Likewise, the exemption sought will not adversely a ffect safety because David L. Pratt will use trained technicians to perform maint enance, alterations or preventive maintenance on the UAS using the methods, technique s, and practices prescribed by the operating documents. Furthermore, the exemption sought would maintain an equivalent level of safety established by Sections 91.407, 91.417(a) and 91.41 7(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 mon thly maintenance log. Significantly, previous exemptions granted by the F AA concerning Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b) establish that safety is not adversely affected when the technical character istics and operating limitations of the

UAS are considered.31 In consideration of David L. Pratt’s proposed opera ting limitations, the operating documents, and the technical aspects of the DJI Pha ntom 3 Professional UAS, David L. Pratt submits that safety will not be adversely aff ected by granting exemption from 14 C.F.R. Sections 91.405(a), 91.407(a)(1) and (a)(2), 91.409(a)(2), and 91.417(a) and (b). The FAA has previously granted relief specific to U AS 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, 11 136, 11138, 11150, 11153, 11156, 11157, 11158, 11159, 11160, 11161).

7. The FAA May Prescribe Any Other Conditions For Safe Operation.

In accordance with Section 333 of the FAA Moderniza tion and Reform Act of 2012 (FMRA) and 14 C.F.R. § 21.16 entitled Special Condi tions, David L. Pratt requests that the FAA prescribe special conditions for the intended o peration of the DJI Phantom 3 Professional UAS, which contain such safety standar ds that the Administrator finds necessary to establish a level of safety equivalent to that established by 14 C.F.R. Part 21, Subpart H, and 14 C.F.R §§ 61.113(a) & (b), 91.7 (a ), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b). Such special conditions will permit safe operation of the UAs for the limited pu rpose 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 conside ring whether a UAS will create a hazard to users of the NAS or the public, or otherwise pos e a threat to national security; and further, provides the authority for such UAS to ope rate without airworthiness certification in accordance with any requirements that must be es tablished for the safe operation of the

UAS in the NAS.32 Likewise, the Administrator may prescribe special c onditions pursuant to 14 C.F.R. § 21.16, for operation of the DJI Phantom 3 Profess ional UAS, since the airworthiness regulations of 14 C.F.R. Part 21 do not contain ade quate or appropriate safety standards, due to the novel or unusual design features of the aircraft. Section 21.16, entitled Special Conditions, states the following: If the FAA finds that the airworthiness regulations of this subchapter do not contain adequate or appropriate safety standards for an air craft, aircraft engine, or propeller because of a novel or unusual design feature of the aircraft, aircraft engine or propeller, he prescribes special conditions and ame ndments thereto for the product. The special conditions are issued in accordance wit h Part 11 of this chapter and contain such safety standards for the aircraft, air craft engine or propeller as the FAA finds necessary to establish a level of safety equivalent to that established in the regulations. See 14 C.F.R. § 21.16. Therefore, in accordance with FMRA Section 333 and 14 C.F.R. § 21.16, the FAA may prescribe special conditions for Leading Edge’s intended operation of the DJI Phantom 3 Professional UAS, which contain such safe ty standards that the Administrator finds necessary to establish a level of safety equi valent 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 Regi ster, stating: The Rules From Which David L. Pratt Seeks Exemption: David L. Pratt seeks exemption from the requirement s 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 David L. Pratt Seeks: This exemption will permit David L. Pratt to commer cially operate an Unmanned Aircraft System (UAS) for the purpose of conducting aerial video and photography over certain areas of the United States.33

G. Any Additional Information, Views, Or Arguments Ava ilable To Support David L. Pratt ’s Request. This Petition is made pursuant to the FAA Moderniza tion and Reform Act of 2012 (FMRA) Section 333, which directs the Secretary of Transportation to determine if certain UAS may operate safely in the NAS. As such, David L . Pratt’s request for exemption may be granted pursuant to the authority of FMRA Sectio n 333 and 14 C.F.R. Part 11, as set

forth above. FMRA Section 333 sets forth the requirements for co nsidering whether a UAS will create a hazard to users of the NAS or the public, or otherwise pose a threat to national security; and further, provides the authority for s uch UAS to operate without airworthiness

certification. As discussed in detail above, David L. Pratt will o perate the DJI Phantom 3 Professional UAS safely in the NAS, without creatin g a hazard to users of the NAS, or the public, or otherwise pose a threat to nation al security.

CONCLUSION As set forth herein, David L. Pratt seeks an exempt ion pursuant to 14 C.F.R. §

11.61 and Section 333 of the FAA Modernization and Reform Act of 2012 (FMRA), which will permit safe operation of the DJI Phantom 3 Professional UAS commercially, without an airworthiness certificate, for the limit ed purpose of conducting aerial video and photography over certain areas of the United States . By granting this Petition, the FAA Administrator will be fulfilling the Congressional mandate of the FAA Modernization and Reform Act of 2012, while also advancing the intere sts of the public, by allowing David L. Pratt to safely, efficiently, and economically o perate the DJI Phantom 3 Professional UAS commercially within the NAS.34 WHEREFORE , in accordance with the Federal Aviation Regulatio ns and the FAA Modernization and Reform Act of 2012, Section 3 33, David L. Pratt 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), 91.1 21, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b), and per mit David L. Pratt to operate the DJI Phantom 3 Professional UAS commercially for the pur pose of conducting aerial video and photography of construction sites, real estate, cinematography, photogrammetry and landscape over certain areas of the United States. Dated: June 23, 2015

Respectfully submitted,

David L. Pratt

David L. Pratt 727 Alderwood Avenue Deltona, FL Tel: (954) 647-3807

Appendices: A – DJI Phantom 3 Professional Specifications Data Sheet B – DJI Phantom 3 Professional Manufacturer’s User C - Monthly Maintenance Log35 APPENDIX – A

DJI PHANTOM 3 PROFESSIONAL TECHNICAL

SPECIFICATIONS David L. Pratt only utilizes safe and reliable UASs . DJI is an industry leader in small UAS production. DJI UASs are loaded with ground breakin g software enabling the user to set parameters which will not allow flight into control led airspace. Parameters can also be set to limit flight to no higher than a predetermined a nd set altitude as well as limit flight to a predetermined and set distance. In addition, DJI so ftware provides real-time altitude and location information to the PIC via the linked moni tor (smart phone/tablet devices)

1.1 DJI Phantom 3 Professional

1.1.1 Aircraft 1.1.1.1 Weight (Battery & Propellers Included) – 2lbs 13.15 0oz (1280g) 1.1.1.2 Diagonal Size (Including Propellers) – 23.22” (590m m) 1.1.1.3 Max Ascent Speed – 5m/s 1.1.1.4 Max Descent Speed – 3m/s 1.1.1.5 Hover Accuracy (Ready to Fly) – Vertical: .1m; Hori zontal: 1.5m 1.1.1.6 Max Speed – 16m/s 1.1.1.7 Max Altitude Above Sea Level – 19685.04’ (6000m) 1.1.1.8 Operating Temperature - 0 o -40o 1.1.1.9 GPS Mode – GPS/GLONASS

1.1.2 Gimbal 1.1.2.1 Controllable Range – Pitch: -90 o - +30 o 1.1.2.2 Stabilization – 3-axis (pitch, roll, yaw)

1.1.3 Camera 1.1.3.1 Sensor - Sony EXMOR 1/2.3” Effective pixels: 12.4 M (total pixels: 12.76 M) 1.1.3.2 Lens - FOV 94° 20 mm (35 mm format equivalent) f/2. 8, focus at ∞ Effective Pixels – 14M 1.1.3.3 ISO Range – 100-3200 (video) 100-600 (photo) 1.1.3.4 Shutter Speed - 8s -1/8000s 1.1.3.5 Image Max Size – 4000 x 3000 1.1.3.6 Operating Temperature - 0 o -40o

1.1.4 Transmitter 1.1.4.1 Operating Frequency – 2.400 GHz-2.483 GHz 5.728GHz – 5.85GHz 1.1.4.2 Communication Distance - 2000m (outdoors and unobst ructed) 1.1.4.3 Operating Temperature - 0 o -40o 1.1.4.4 Battery - 6000 mAh LiPo 2S 1.1.4.5 Receiver Sensitivity (1%PER) - -101 dBm ± 2 dBm 1.1.4.6 Transmitter Power (EIRP) – FCC Compliance: 20dBm/CE : 16 dBm 1.1.4.7 Working Voltage – 1.2 A @7.4 V36 APPENDIX – B

DJI Phantom 3 Professional Manufacturer’s User Manu al (Link)

APPENDIX – C

**MONTHLY$MAINTENANCE$LOG** Month: (Year:

**UAS$#:$** Date(lssue( Discovered Date(lssue(

Addressed Issue (Description(&(Maintenance(Conducted Maintenance (Performed ( By:((( Print(&(Sign Software(Updates

Airframe(

Engines

Propellers

Camera(Gimbal

Landing(Gear

Vibration(Dampening

Other: