### UNITED STATES OF AMERICA DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION WASHINGTON. D.C.

IN THE MA TIER OF THE PETITION FOR EXEMPTION OF: ELLIS AERIAL PHOTOGRAPHY 

### & IMAGING 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 PROFESSIONAL AND DJI

INSPIRE 1 UNMANNED AIRCRAFT SYSTEMS PURSUANT TO SECTION 333 OF THE FAA MODERNIZATION AND REFORM ACT OF 2012 (PUBLIC LAW 112-95)

SUBMITTED ON: SEPTEMBER 17, 2015 NAME 

### & ADDRESS OF PETITIONER : ELLIS AERIAL PHOTOGRAPHY & IMAGING LLC 1775 E HOUSTON AVE FRESNO, CA 93720 559-824-6942 TAYLOR ELLIS (OWNER) 

### TA YLORELLIS@ELLISAERIALS.COM

Page 1

### TABLE OF CONTENTS

Glossary ofAbbreviations Summary Introduction 

### & Interests ofthe Petitioner Backround Basisfor Petition Name & Address of Petitioner The specific sections of 14C.F.R

. from which EllisAerial Photography & Imaging LLC seeks exemption. The extent of relief Ellis Aerial Photography & Imaging LLC seeks and the reason Ellis Aerial Photography & Imaging LLC seeks the relief

. The reasons why granting Ellis Aerial Photography & Imaging

LLC's request would be in the public interest. The reasons why granting the exemption would not adversely affect safety. Summarythat can be published in the federal register. Any additional information, views, or arguments available to support Ellis Aerial Photography 

### & Imaging LLC's request. Conclusion Appendices



### Page2 Page#

### 3 4 4 4 5 

### 6 6

10

12

14


## 26 26

27 

## 28

### AGL AOI ATC ATO AV CFR COA FAA FAR GCS GPS LOL NAS NOT AM PIC Section 

### 333 

# so SOP UA UAS VFR VLOS VMC VTOL 

### GLOSSARY OF ABBREVIATIONS

Above Ground Level Area of Interest Air Traffic Control AirTraffic Organization Aerial Vehicle Code of Federal Regulations Certificate ofAuthorization Federal Aviation Administration Federal Aviation Regulation Ground Control Station Global Positioning System Loss of Link National Airspace System NoticetoAirman Pilot In Command FAA Modernization and Reform Act of2012 (FMRA) Section 333 Safety Observer Standard Operating Procedures Unmanned Aircraft Unmanned Aircraft System Visual Flight Rules Visual Line of Site Visual Meteorological Conditions Vertical Takeoff and Landing



### Page3

### SUMMARY Ellis Aerial Photography & Imaging 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 pursuant to Section 333 ofthe FAA Modernization and Reform Act of 2012 (FMRA). This exemption will permit Ellis Aerial Photography & Imaging LLC to operate an Unmanned Aircraft System (UAS) for the commercial purpose of conducting aerial videography & photography, precision agriculture, real estate promotion , inspection , 3d mapping/modeling, surveying, wildlife 

### &forestry monitoring, and construction site management over certain areas ofthe United States

. 

### INTRODUCTION AND INTERESTS OF THE PETITIONER Ellis Aerial Photography 

### & Imaging LLC provides its clients with expertise and knowledge in advanced technologies and solutions to increase efficiency, productivity and effectiveness

. Ellis Aerial Photography & Imaging LLC also provides its clients with the highest quality digital content for use in their commercial, personal, and non-profit multimedia projects. Ellis Aerial Photography 

### & Imaging LLC has over4 years of experience in managing flight logs, flight data, and maintenance records. Ellis Aerial Photography & Imaging LLC has over 4 years of recreational/hobby experience in all aspects of aerial video and photography. The objective of Ellis Aerial Photography 

### & Imaging LLC's aerial video and photography operations is to provide high quality imaging for a variety of private, commercial , public, and residential uses, specifically targeting: • Videography, Photography, 

### & Filmmaking • Precision Agriculture • Real Estate Photography • Data Surveying • Pipeline, Petro/Oil Field, Solar, 

### & Utility Inspection • 3d modeling 

### & mapping • Wildlife 

### & Forestry monitoring • Construction site management 

### & imaging • Increase public knowledge of UAS and promote safe UAS operations in our local community

. We believe education is the key to a safe airspace

.


### BACKGROUND Unmanned Aircraft Systems: DJI Phantom 3 Professional, DJI Inspire 1 UASs Ellis Aerial Photography & Imaging LLC seeks an exemption to operate DJI systems for compensation or hire within the NAS. The OJI Phantom 3 Professional and OJI Inspire 1 are vertical takeoff and landing (VTOL) Unmanned Aircraft (UA) with a Ground Control Station (GCS) utilizing electronic tablet or smart phone systems

. The OJI Phantom 3 Professional has a maximum gross weight of approximately 2 pounds 13 ounces(1280g), measures 23 inches across, has a height of 8 inches, and a maximum speed of approximately 31 knots. The DJIInspire 1 has a maximum gross weight of 6 pounds 7.5 ounces, a length of 17

.3 inches, width of 17.7 inches, height of 11.8 inches, and a maximum speed of approximately 42 knots. The DJI Phantom 3 Professional and DJIInspire 1 UASs are equipped with four main rotors; driven by Lithium Polymer battery powered electric motors. 

### Page4The DJI Phantom 3 Professional and OJI Inspire 1 UASs that will be operated by Ellis Aerial Photography & Imaging 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, Ellis Aerial Photography 

### & Imaging LLC, pursuant tothe provisions ofthe Federal Aviation Regulations (14 C.F

.R. 

### § 11.61) and the FAA Modernization and Reform Act of2012 (FMRA), Section 333, Special Rules for Certain Unmanned Aircraft Systems, hereby petitions the Administrator to commercially operate the OJI Phantom 3 Professional, OJI Inspire 1 UASs 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 ofthe speed, weight, size, and limited operating area associated with the unmanned aircraft and its operation, Ellis Aerial Photography 

### & Imaging LLC's operation of OJI Phantom 3 Professional and DJI Inspire 1 UASs 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,EIIis Aerial Photography 

### & Imaging 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. Ellis Aerial Photography & Imaging LLC submits that the requested relief is proper since an equivalent level of safety will be ensured. Ellis Aerial Photography 

### & Imaging LLC will use experienced personnel ortechnicians to perform maintenance, alterations, or preventive maintenance on the UASs using the methods, techniques, and practices prescribed in the operating documents (i.e

., Weekly Maintenance Log, and DJI Phantom 3 Professional and DJI Inspire 1 Instruction Manual). Furthermore, Ellis Aerial Photography & Imaging LLC will document and maintain all maintenance records for the OJI Phantom 3 Professional and OJI Inspire 1 UASs

. Relief from certain requirements of Section 61.113(a) and (b), entitled Private pilot privileges and limitations: Pilot in command, is requested by Ellis Aerial Photography & Imaging LLC tothe extent necessary to allow a Pilot in Command (PIC) holding a private pilot or higher level certificate, as well as an airman medical certificate, and who has demonstrated, by meeting minimum flight- hour and currency requirements, that the PIC is able to safely operate the OJI Phantom 3 Professional and DJI Inspire 1 UASs in a manner consistent withthis exemption, including evasive and emergency maneuvers and maintaining appropriate distances from people, vessels, vehicles and structures

. Ellis Aerial Photography & Imaging LLC seeks relief from Section 91.7(a), entitled Civil aircraft airworthiness, because the OJI Phantom 3 Professional and DJI Inspire 1 UASs do not require an airworthiness certificate in accordance with 14 C.F

.R. Part 21, Subpart H. As such, Ellis Aerial Photography & Imaging LLC submits that he will ensure that the OJI Phantom 3 Professional and DJI Inspire 1UASs are in an airworthy condition, priorto every flight, by determining that the UASs are in compliance with the operating documents (i.e., Weekly Maintenance Log, and OJI Phantom 3 Professional and DJI Inspire 1 Instruction Manual), and that the aircraft are in a condition for safe flight. Ellis Aerial Photography 

### & Imaging LLC also seeks an exemption from the requi rements of 

### Page5Section 91.121, entitled Altimeter Settings, as the DJI Phantom 3 Professional and DJIInspire 1 UASs will not have a typical barometric altimeter onboard. However, altitude information ofthe DJI Phantom 3 Professional and DJI Inspire 1 UASs will be provided to the PIC via Global Positioning System (GPS) equipment and radio communications telemetry data link, which downlinks from the UA to the GCS for active monitoring ofthe flight path. This altitude information, combined with Ellis Aerial Photography & Imaging LLC's operation of the DJI Phantom 3 Professional and DJI Inspire 1 UASs within visual line ofsight, at or below 500 feet AGL, will ensure a level of safety equivalent to Section 91.121. Additionally, Ellis Aerial Photography 

### & Imaging LLC seeks an exemption from the requirements of Section 91.151(b), entitled Fuel requirements for flight in VFR conditions. Ellis Aerial Photography 

### & Imaging LLC submits that safety will not be affected by operation ofthe DJI Phantom 3 Professional and DJI Inspire 1 UASs during daylight hours in visual me teorological conditions (VMC) under visual flight rules (VFR), with enough battery powerto fly for a total duration of approximately 13.5 minutes tothe first point of intended landing and, assuming normal cruising speed, tofly afterthat for at least 4.5 minutes. In accordance with 14 C.F.R. 

### § 11.81 , Ellis Aerial Photography 

### & Imaging LLC provides the following information in support of its petition for exemption: A. NameAnd Address OfThe Petitioner. The name and address ofthe Petitioner and point of contact is: Ellis Aerial Photography & Imaging LLC 1775 E Houston Ave Fresno, CA 93720 Tel : (559) 824-6942 Taylor Ellis (Owner) Email: TaylorEIIis@EIIisAerials.com

B. The Specific Sections Of 14 C.F.R. from Which Ellis Aerial Photography & Imaging LLC Seeks Exemption. 1. Ellis Aerial Photography & Imaging Seeks Exemption From The Requirements Of Section 61.113(a) And (b). Section 61

. 113, entitled Private pilot privileges and limitations: Pilot in command, subsections(a) and (b) prescribe the following, in relevant part: (a) No person who holds a private pilot certificate may act as a pilot in command (PIC) of an aircraft that is carrying passengers or property for compensation or hire; nor may that person, for compensation or hire, act as PIC of an aircraft

. (b) A private pilot may, for compensation or hire, act as PIC of an aircraft in connection with any business or employment if- (1) The flight is only incidental to that business or employment; and (2) The aircraft does not carry passengers or property for compensation or hire. 

### Page62. Ellis Aerial Photography 

### & Imaging 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. 3. Ellis Aerial Photography & Imaging LLC Seeks Exemption From The Requirements Of Section 91 .121. 7 Section 91.121, entitled Altimeter settings , subsection (a), states the following, in part: (a) Each person operating an aircraft shall maintain the cruising attitude orflight level of that aircraft, as the case may be, by reference to an altimeter that is set, when operating- (1) Below 18,000feet MSL, to- (i) The current reported altimeter setting of a station along the route and within 100 nautical miles ofthe aircraft; (ii) If there is no station within the area prescribed in paragraph (a)(1 )(i) ofthis section, the current reported altimeter setting of an appropriate available station; or (iii) In the case of an aircraft not equipped with a radio, the elevation of the departure airport or an appropriate altimeter setting available before departure

. 4. Ellis Aerial Photography 

### & Imaging LLC Seeks Exemption From The Requirements OfSection 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 tofly to the first point of intended landing and, assuming normal cruising speed, to fly after that for at least 20 minutes. 5. Ellis Aerial Photography 

### & Imaging LLC Seeks Exemption From The Requirement Of Section 91.405(a). Section 91.405, entitled Maintenance required, subsection (a), states the following: Each owner oroperator of an aircraft
- (a) Shall have that aircraft inspected as prescribed in subpart E of this part and shall between required inspections, except as provided in paragraph (c) of this section, have discrepancies repaired as prescribed in part 43 ofthis chapter{.]



### Page 

## 76. Ellis Aerial Photography & Imaging LLC Seeks Exemption From The Requirements 

### OfSection 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 chapterf

.] 7. Ellis Aerial Photography 

### & Imaging LLC Seeks Exemption From The Requirements OfSections 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 ofthis 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 ofthis chapter. 8. Ellis Aerial Photography 

### & Imaging LLC Seeks Exemption From The Requirements 

### OfSections 91.417(a} And 91.417(b}. Section 91.417, entitled Maintenance records, subsections (a) and {b), state the following: (a) Except forwork 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) ofthis section: (1) Records ofthe maintenance, preventive maintenance, and alteration and records ofthe 100-hour, annual , progressive, and other required orapproved inspections, as appropriate, for each aircraft (including the airframe) and each engine, propeller, rotor, and appliance of an aircraft. The records must include- (i) A description (or reference to data acceptable to the Administrator) of the work performed; and 

### Page8(ii) The date of completion of the work performed; and
(iii) The signature, and certificate number ofthe person approving the aircraft for retum to service. (2) Records containing thefollowing information: (i) The total time in service ofthe airframe, each engine, each propeller, and each rotor

. (ii) The current status of life-limited parts of each airframe, engine, propeller, rotor, and appliance. (iii) The time since last overhaul of all items installed on the aircraft which are required to be overhauled on a specified time basis. (iv) The current inspection status of the aircraft, including the time since the last inspection required by the inspection program under which the aircraft and its appliances are maintained. (v) The current status of applicable airworthiness directives (AD) and safety directives including, for each , the method of compliance, the AD orsafety 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) ofthis 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) ofthis section shall be retained until the work is repeated or superseded by other work orfor 1 year after the work is performed

. (2) The records specified in paragraph (a)(2) ofthis section shall be retained and transferred with the aircraft at thetime the aircraft is sold.



### Page9(3) A list of defects furnished to a registered owner or operator under 

### § 43

. 11 of this chapter shall be retained until the defects are repaired and the aircraft is approved for return to service. C. The Extent Of Relief Ellis Aerial Photography 

### & Imaging LLC Seeks And The Reason Ellis Aerial Photography & Imaging LLC Seeks The Relief. 1. Extent Of Relief Ellis Aerial Photography & Imaging LLC Seeks And The Reason Ellis Aerial Photography 

### & Imaging 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, Ellis Aerial Photography & Imaging LLC submits that an equivalent level of safety will be maintained because no PIC

### will be allowed to operate the DJI Phantom 3 Professional UAS or DJI Inspire 1 UAS unless that PIC has met certain flight-hour and currency requirements. demonstrating that the PIC is able to safely operate either the DJI Phantom 3 Professional or DJI Inspire 1 UASs in a manner consistent with the operations specifications as described in this exemption, including evasive and emergency maneuvers, as well as maintaining appropriate distances from people, vessels, vehicles and structures. Further, Ellis Aerial Photography & Imaging LLC submits that all flights ofthe DJI Phantom 3 Professional and DJIInspire 1 UASs, conducted by the PIC pursuant to the grant of this Petition: (1) will be incidental to Ellis Aerial Photography & Imaging LLC's business; and (2) will not carry passengers or property for compensation or hire

. 2. Extent Of Relief Ellis Aerial Photography 

### & Imaging LLC Seeks And The Reason Ellis Aerial Photography & Imaging LLC 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 Ellis Aerial Photography 

### & Imaging LLC to determine that the DJI Phantom 3 Professional and DJI Inspire 1 UASs are in airworthy condition prior to every flight by ensuring that the UAS is in compliance with the operating documents (i.e., the Ellis Aerial Photography 

### & Imaging LLC Aerial Operations


### Page 10Manual, Weekly Maintenance Log, and DJI Phantom 3 Professional and DJIInspire 1 Instruc tion Manual).

Ellis Aerial Photography 

### & Imaging seeks the requested relief because the OJI Phantom 3 Professional and OJI Inspire 1 UASs do not require an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H. Therefore, Ellis Aerial Photography 

### & Imaging LLC will ensure that the DJI Phantom 3 Professional and OJI Inspire 1 UASs are in airworthy condition based upon its compliance with the operating documents (i.e., Weekly Maintenance Log, and DJI Phantom 3 Professional and DJI Inspire 1 Instruction Manual) prior to every flight, and further, determine that the aircraft are in condition for safe flight, as stated in the conditions and limitations below. 3. Extent 

### Of Relief Ellis Aerial Photography & Imaging LLC Seeks And The Reason Ellis Aerial Photography 

### &Imaging LLC Seeks Relief From Section 

### 91.121. Relief from Section 91.121, entitled Altimeter settings, may be required to allow flight operations ofthe OJI Phantom 3 Professional and DJI Inspire 1 UASs, which utilize a barometric pressure sensor, GPS equipment, and a radio communications telemetry data link to downlink altitude information from the UA tothe PIC at the ground control station (GCS). Since the FAA requires that any altitude information concerning UAS operations be reported to airtraffic control (ATC) in feet above ground level (AGL), Ellis Aerial Photography 

### & Imaging LLC seeks the requested relief because the DJI Phantom 3 Professional and DJIInspire 1 UA's altimeter may be set on the ground to zero feet AGL, ratherthan the local barometric pressure orfield altitude, before each flight. Considering the limited altitude ofthe proposed operations, relief from 14 CFR 91.121 is sought tothe extent necessary to comply with the applicable conditions and limitations stated below. As more fully set forth herein, an equivalent level of safety will be maintained since the DJI Phantom 3 Professional and OJI Inspire 1 UAS are 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 provides the PIC with altitude information ofthe UA on the heads-up display of the GCS. 4. Extent 

### Of Relief EllisAerial Photography 

### & Imaging LLC Seeks And The Reason Ellis Aerial Photography 

### & Imaging LLC Seeks Relief From Section 

### 91.151(b). Relief from Section 91.151 (b) entitled Fuel requirements forflight in VFR conditions, is requested to the extent required to allow flights ofthe battery powered DJI Phantom 3 Professional and DJI Inspire 1 UAS 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 cruising speed, tofly afterthat for at least 4.5 minutes. Ellis Aerial Photography 

### & Imaging LLC seeks the requested relief because without an exemption from Section 

### Page 1191.151(b), the flight time duration of the battery powered OJI Phantom 3 Professional and OJI Inspire 1 UAS will severely constrain the practicality of any flight operations that Ellis Aerial Photography 

### & Imaging LLC proposes to conduct pursuant to this Petition.Significantly, as set forth below, the technical specifications of the OJ I Phantom 3 Professional and DJI Inspire 1 UASs , the DJI Phantom 3 Professional and DJI Inspire 1 operating documents, and Ellis Aerial Photography 

### & Imaging LLC's proposed operating limitations, ensure that Ellis Aerial Photography 

### & Imaging LLC will safely operate the battery powered OJI Phantom 3 Professional and OJI Inspire 1 UAS during daylight hours in visual meteorological conditions (VMC), under visual flight rules (VFR), with enough battery power tofly for a total duration of 13.5 minutes to the first point of intended landing and, assuming normal cruising speed, to fly afterthat for at least 4.5 minutes. 

### 5. Extent Of Relief Ellis Aerial Photography & Imaging LLC Seeks And The Reason EllisAerial Photography & Imaging 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(aX1), 91.409(a)(1) & (a)(2), and 91.417(a) 

### & (b) only apply to aircraft with an airworthiness certificate, Ellis Aerial Photography 

### & Imaging LLC requests relief from these Sections because the OJI Phantom 3 Professional and DJI Inspire 1 UASs do not require airworthiness certificates. As set forth more fully below, the OJI Phantom 3 Professional and OJI Inspire 1 UASs meet the conditions of FMRA Section 333 for operation without an airworthiness certificate. Accordingly, Ellis Aerial Photography 

### & Imaging 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., the Ellis Aerial Photography 

### & Imaging LLC Aerial Operations Manual, Weekly Maintenance Log, and DJI Phantom 3 Professional and DJI Inspire 1 Instruction Manual). Furthermore, Ellis Aerial Photography 

### & Imaging LLC will document and maintain all maintenance records for the DJI Phantom 3 Professional and OJI Inspire 1 UASs. 

### D. The Reasons Why Granting Ellis Aerial Photography & Imaging LLC's RequestWould Be In The Public Interest; That Is, How ItWould Benefit The Public As A Whole. Granting the present Petition will further the public interest by allowing Ellis Aerial Photography 

### & Imaging LLC to safely, efficiently, and economically perform flight operations conducting aerial videography 

### & photography, precision agriculture, real estate promotion, inspection, 3d mapping/modeling, surveying, wildlife 

### &forestry monitoring, and construction site management over certain areas of the United States. Additionally,. use ofthe DJI Phantom 3 Professional and OJI Inspire 1 UASs will decrease congestion of the NAS, reduce pollution, and provide significant benefits to the economy. Notably, the benefits of Ellis Aerial Photography 

### & Imaging LLC's proposed operation of the DJI Phantom 3 Professional and DJIInspire 1 UASs will be realized without implicating any privacy issues

. Page 121. The Public Will Benefit From Decreased Congestion OfThe NAS. The DJI Phantom 3 Professional and OJI Inspire 1 UAS are battery powered and serve as a safe, efficient, and economical alternative to the manned aircraft traditionally utilized to obtain aerial imagery. By reducing the amount of manned aircraft needed to perform aerial acquisitions, an exemption allowing the use of a OJI Phantom 3 Professional or OJI Inspire 1 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 Professional and OJI Inspire 1 UAS do not require an airport totakeoff or land. Likewise, a reduction of manned aircraft conducting aerial video and photography missions would result in fewer aircraft that must be handled by airtraffic control during the ground, takeoff, departure, arrival, and landing phases offlight operations. 2. The Public Will Benefit From The Safety And Efficiency 

### OfThe DJI Phantom 3 Professional and DJI Inspire 1 UASs. Conducting aerial acquisitions with the OJI Phantom 3 Professional and OJI Inspire 1 UASs, instead of manned aircraft, will greatly benefit the public by drastically reducing the levels ofair and noise pollution generated during traditional manned flight operations. By using battery power and electric motors , the OJI Phantom 3 Professional and OJI Inspire 1 UASs produce no air pollution, and is the most viable environmentally conscious alternative to the cabin class, six cylinder internal combustion engine aircraft that are typically utilized for aerial video and photography, while burning approximately**2~30** gallons per hour of leaded aviation fuel. The OJI Phantom 3 Professional and OJI Inspire 1 UAS, while reducing the carbon footprint of aerial acquisitions, also eliminates noise pollution, as the UAS are propelled by battery powered electric motors, rather than an internal combustion engine. By using the DJI Phantom 3 Professional and DJI Inspire 1 UASs to perform aerial acquisitions, the substantial risk to life and property in the air and on the ground, which is usually associated with traditional manned aircraft flight operations, will be substantially reduced or completely eliminated

. Aside from the lack offlight crew members located onboard the aircraft, the DJI Phantom 3 Professional and OJI Inspire 1 UAs (weighing approximately 2 pounds 13 ounces and 6 pounds 7

.5 ounces respectively, at their maximum gross weights with lengths of 16 inches and 17.3 inches respectively, widths of 16 inches and 17.7 inches respectively, 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 tothe manned aircraft that typically conduct similar operations (weighing approximately 6,000 pounds with a wingspan of approximately 42feet, a length of 34 feet, and a fuel capacity of 180 gallons). 3. Performing Aerial Video and Photography Operations With The DJI Phantom 3 Professional and DJI Inspire 1 UASs Will Benefit The Economy.
Page 13In addition to being safe and efficient, the DJI Phantom 3 Professional and DJI Inspire 1 UASs are also an economical alternative to using manned aircraft to conduct similar aerial operations

. As such, operation of the DJI Phantom 3 Professional and DJI Inspire 1 UASs will allow United States based companies, like Ellis Aerial Photography & Imaging LLC, to remain competitive and contribute to growth of the U.S. economy. Specifically, with the rising cost of aviation fuel and the Environmental Protection Agency ("EPA") regulatory actions phasing out leaded aviation fuels, U.S. owned and operated companies must adopt new and alternative technology in order to remain competitive. Operating the battery powered DJI Phantom 3 Professional and DJI Inspire 1 UASs is one such technology that not only allows companies greater operational flexibility compared to manned aircraft, but provides suchflexibility without the high operational cost of a traditional manned aircraft. By operating the DJI Phantom 3 Professional and DJI Inspire 1 UASs, companies such as Ellis Aerial Photography 

### & Imaging LLC , can remain competitive and profitable, and therefore, provide greaterjob stability to employees and contractors, which will ultimately contribute to growth ofthe U.S. economy. Improved financial performance of U.S

. companies, through commercial use ofthe DJI Phantom 3 Professional and DJI Inspire 1 UASs, 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 orderto remain competitive both in the United States and abroad. 

### 4. There Are No Privacy Issues. Similarto the manned aerial acquisition flight operations that have been conducted for decades, Ellis Aerial Photography & Imaging LLC's proposed operation ofthe DJI Phantom 3 Professional and DJI Inspire 1 UASs will not implicate any privacy issues. Specifically, the DJI Phantom 3 Professional and DJI Inspire 1 UASs will be operated only in compliance with operating documents (i.e., the Ellis Aerial Photography 

### & Imaging LLC's Operations Manual, Monthly Maintenance Log, and DJI Phantom 3 Professional and DJI Inspire 1 Instruction Manual) which requires property owner involvement as well as local law enforcement notification, and in accordance with the Federal Aviation Regulations, including the minimum altitude requirements of 14 C.F.R. 

### § 91.119. 

### E. The Reasons Why Granting The Exemption Would Not Adversely Affect Safety, Or HowThe Exemption Would Provide A Level Of

### Safety At Least Equal To That Provided ByThe Rule From Which Ellis Aerial Photography & 

### Imaging LLC Seeks Exemption. 1. Reasons Why The DJI Phantom 3 Professional and DJI Inspire 1 UASs Meet The Conditions Of

### The FAA Modernization and Reform Actof2012 (FMRA) Section 333. In consideration of the size, weight, speed, and limited operating area associated with the unmanned aircraft and its operation, Ellis Aerial Photography & Imaging LLC's operation of the DJI Phantom 3 Professional and DJI Inspire 1 UASs meet the conditions of Page 14

### 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 considering whether a UAS will create a hazard to users of the NAS orthe public, or otherwise pose a threat to national security. Specifically, FMRA Section 333 states thefollowing, in part: (a) In GeneraL
- Notwithstanding any other requirement ofthis subtitle, and not laterthan 

### 180 days afterthe date of enactment ofthis Act, the Secretary of Transportation shall determine if certain unmanned aircraft systems may operate safely in the national airspace system before completion of the plan and rulemaking required by section 332 of this Act orthe guidance required by section 334 of this Act. (b) Assessment of Unmanned Aircraft Systems.-l n 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 ofthe national airspace system orthe public or pose a threat to national security; and (2) whether a certificate of waiver, certificate of authorization, or airworthiness certification under section 44704 oftitle 49, United States Code, is required forthe operation of unmanned aircraft systems identified under paragraph (1). (c) Requirements for Safe Operation. -Ifthe Secretary determines underthis section that certain unmannedaircraft 

### systems mayoperate safely in the nationalairspace 

### system, the Secretary shall establish requirements forthe safe operation ofsuch aircraft 

### systems in the nationalairspace system. 

### In seeking this exemption, Ellis Aerial Photography & Imaging LLC submits that the DJI Phantom 3 Professional and DJI Inspire 1 UASs can operate safely in the NAS pursuant to FMRA Section 333, as demonstrated by: (a) the characteristics of the OJI Phantom 3 Professional and DJI Inspire 1 UASs; (b) the pilot certification requirement; and (c) the specific operating limitations

.
a. The Specifications 

### OfThe DJI Phantom 3 Professional and DJI Inspire 1 UASs Demonstrate Its Safe Characteristics. 

### The OJI Phantom 3 Professional and DJI Inspire 1 UASs do not create a hazard to users oftlie NAS orthe public, or otherwise pose a threat to national security considering its size, weight, speed, and operational capability. 

### i. Technical Specifications 

### OfThe DJI Phantom 3 Professional and OJI Inspire 1 UASs. 

### Page 15

### The technical specifications of the OJI Phantom 3 Professional and OJI Inspire 1 UASs are set forth by the DJI Phantom 3 Professional and DJI Inspire 1 Specifications and Data Sheet, attached hereto as Exhibit A and B. 

### ii. The DJI Phantom 3 Profes

. sional and DJI Inspire 1 UASs Autonomous FlightAnd Navigation Modes Enable The UASs To Remain Within A Defined Operational Area. The DJI Phantom 3 Professional and DJI Inspire 1 UASs may 

### be operated in both manual and fully autonomous flight modes. A complete description of the flight and navigational modes of the OJ I Phantom 3 Professional and OJI Inspire 1 UASs is provided at pages 11-12 and 40-43 of the OJI Phantom 3 Professional and pages 12-16 and 45-50 ofthe OJI Inspire 1 User Manuals, attached hereto as Exhibit C and 

### 0 iii. The DJI Phantom 3 Professional and DJI Inspire 1 UASs Are Designed ForAutomatic Return To Home Point Or Hover In The Event Of Loss OfThe Control Link Or Navigation

. When the Control Link is lost, the OJI Phantom 3 Professional and OJI Inspire 1 UASs will remain stationary, in flight, for 3 seconds or more. If, after 3 seconds, the OJI Phantom 3 Professional and OJI Inspire 1 UASs do not reacquire control link data from the GCS, the UASs will assumethat the Control Link is lost and the UASs will retum to the home position (i.e. , failsafe mode) via GPS, and will descend tothe takeoff position and shutdown. A complete description ofthe Failsafe Functions of the OJI Phantom 3 Professional UAS are set forth at pages 12 through 14 and forthe DJIInspire 1 at pages 12 through 15 ofthe DJI Phantom 3 Professional and OJI Inspire 1 User Manuals, attached hereto as Exhibit C and D. 

### iv. The DJI Phantom 3 Professional and DJI Inspire 1 GCS And Its Operation. A complete description of the operation and specifications of the OJ I Phantom 3 Professional and DJI Inspire 1 GCS and flight control software is provided at pages 34 through 38 of the OJI Phantom 3 Professional User Manual and pages 40 through 47 ofthe DJI Inspire 1 User Manual. OJI Phantom 3 Professional and OJI Inspire 1 User Manuals are attached hereto as Exhibits C and 

### 0
. b. Flight Operations Of DJI Phantom 3 Professional and DJI Inspire 1 UASs Are Limited To The Line OfSightOfA Certificated Pilot in Command With A Safety Observer. Ellis Aerial Photography 

### & Imaging 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 OJI Phantom 3 Professional and OJI Inspire 1 UASs. Additionally, a safety observer will assist all pilots during flight time.
Page 16c. Flights Of DJI Phantom 3 Professional and DJI Inspire 1 UASs Will Be Conducted Pursuant To Specific Operating Limitations. In seeking this exemption, Ellis Aerial Photography 

### & Imaging LLC proposes to commercially operate DJI Phantom 3 Professional and DJI Inspire 1 UASs 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 Professional and DJI Inspire 1 Unmanned Aircraft Systems. Proposed operations of any other aircraft will require a new petition ora petition to amend this grant. 2. UAS operations underthis exemption will be limited to conducting operations for the purpose of aerial video and photography. 3. The UAs may not be flown at an indicated airspeed exceeding 20 knots. 4. The UA must be operated at an altitude of no more than 500 feet above ground level (AGL), as indicated by the procedures specified in the operating documents unless a special request is made and approved by ATC

. All altitudes reported to ATC must be in feet AGL. 5

. The UAs must be operated within visual line of sight (VLOS) of the PIC at all times. This requires the PIC to be able to use human vision unaided by any device otherthan 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 ortexting is not permitted during flight operations. The PIC must be 17 designated before the flight and cannot transfer his or her designation for the duration ofthe flight. The PIC must ensure that the SO can perform the functions prescribed in the operating documents. 8. The SO must not perform any other duties beyond assisting the PIC with seeing and avoiding other air traffic and other ground based obstacles/obstructions and is not permitted to operate the camera or other instruments. 9. The operating documents and the grant of exemption must be accessible during UAS operations and made available tothe Administrator upon Page 17request. If a discrepancy exists between the conditions and limitations contained in the grant of exemption and the procedures outlined in the operating documents, the conditions and limitations contained in the grant of exemption take precedence and must be followed. Otherwise, the operator must follow the procedures as outlined in its operating documents

. The operator may update or revise its operating documents. It is the operator's responsibility to track such revisions and present updated and revised documents to the Administrator upon request. The operator must also present updated and revised documents if it petitions for extension or amendment to the grant of exemption. Ifthe 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 tothe operating documents

. 10. Prior to each flight the PIC must inspect the UAS to ensure that it is in a condition for safeflight. If the inspection reveals a condition that affects the safe operation ofthe 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 orflight 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 inspection must account for all potential discrepancies , e.g. inoperable components, items, or equipment, not already covered in the relevant sections ofthe 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 aircraft records, including total time in service, description ofwork accomplished, and the signature of the authorized person returning the UAS to service. 15. Each UASs operated under this exemption must comply with all manufacturer's Safety Bulletins.

Page 1816. The authorized person must make an entry in the aircraft record of the corrective action taken against discrepancies discovered between inspections. 17. The PIC must possess at least a private pilot certificate and at least a current third- class medical certificate

. 18

. The operator may not permit any PIC to operate unless the PIC meets the operator's qualification criteria and demonstrates the ability to safely operate the UAS in a manner consistent with how the UAS will be operated under the exemption, including evasive and emergency maneuvers and maintaining appropriate distances from persons, vessels, vehicles and structures. PIC qualification flight hours must be logged in a manner consistent with 14 C.F.R. 

### § 61.51(b). Flights for the purposes of training the operator's PICs are permitted under the terms ofthe exemption

. However, training operations may only be conducted during dedicated training sessions

. During training , proficiency, and experience
-building flights , all persons not essential for flight operations are considered nonparticipants, and the PIC must operate the UA with appropriate distance from nonparticipants in accordance with 14 C.F.R. 

### § 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). Ifflight at night is required, a special request will 

### be made at the FAA office closest to proposed area of operations. Flights under special visual flight rules (SVFR) are not authorized

. 20. The UA may not operate within 5 nautical miles of an airport reference point as denoted on a current FAA-published aeronautical chart unless a letter of agreement with that airport's management is obtained, and the operation is conducted in accordance with a NOT AM 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 orwhen 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 predetermined location within the planned operating area and land or be recovered in accordance with the operating documents. 23

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

Page 1924. The PIC is prohibited from beginning a flight unless (considering wind and forecast weather conditions) there is enough powerto fly at normal cruising speed to the intended landing point and land the UA with 25% battery power remaining. 25

. The operator must obtain an AirTraffic Organization (ATO} issued Certificate of Waiver orAuthorization (COA) prior to conducting any operations under the grant ofexemption. This COA will also require the operator to request a Notice to Airman (NOT AM) 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 including class of airspace, altitude level and potential transponder requirements. 26. All aircraft operated in accordance with the exemption must be identified by serial number, registered in accordance with 14 C.F.R. part 47, and have identification (N
- Number) markings in accordance with 14 C.F.R. part 45, Subpart C. Markings must be as large as practicable. 27

. Before conducting operations, the radio frequency spectrum used for operation and control of the UA must comply with the Federal Communications Commission (FCC) or other appropriate government oversight agency requirements. 28. The documents required fewer than 14 C.F.R. 91.9 and 91.203 must be available to the PIC at the Ground Control Station ofthe 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 clear and yield the right ofway 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 nonparticipating persons (persons other than the PIC , SO, operator trainees or essential persons), vessels, vehicles, and structures unless: a. Barriers or structures are present that sufficiently protect nonparticipating persons from the UA and/or debris in the event ofan 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 ofthe UA, flight operations must cease immediately and/or, 20 b. The aircraft is operated nearvessels, vehicles or structures where the owner/controller of such vessels, vehicles or structures has granted permission and the PIC has made a safety assessment ofthe risk of Page 20operating 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 .1 19(a). 32. All operations shall be conducted over private or controlled
-access property with permission from the landowner/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, orflight 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 Transportation 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. Ellis Aerial Photography 

### & Imaging 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 Professional and DJI Inspire 1 UASs unless that PIC has demonstrated, by meeting minimum flight-hour and currency requirements, that the PIC is able to safely operate the OJI Phantom 3 Professional or OJI Inspire 1 UAS in a manner consistent with the exemption, including evasive and emergency maneuvers and maintaining appropriate distances from people, vessels, vehicles and structures. Considering Ellis Aerial Photography 

### & Imaging 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); and the airmanship skills necessary to safely operate the DJI Phantom 3 Professional or DJI Inspire 1 UAS, Ellis Aerial Photography 

### & Imaging LLC submits that the additional manned airmanship experience of a commercially certificated pilot would not correlate tothe airmanship skills necessary for Ellis Aerial Photography & Imaging 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. Exemption Nos

. 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110, 11112, 11136, 11138, 11150, 11153, 11156, 11158, 11159, 11160, 11161).

. Ellis Aerial Photography 

### & Imaging LLC will not allow any PIC to operate the DJI Phantom 3 Professional orOJI Inspire 1 UAS unless that PIC has demonstrated, by meeting minimum flight-hour requirements or the DJI Phantom 3 Professional or OJI Inspire 1 UAS training and currency requirements, that the PIC is able to safely operate the OJI Phantom 3 Professional or OJI Inspire 1 UAS in a manner consistent with this exemption, including evasive and emergency maneuvers and maintaining Page 21appropriate distances from people, vessels, vehicles and structures. Specifically, the PIC must have accumulated and logged, in a manner consistent with 14 C.F.R. 

### § 61.51(b), 25 hours of total time as a UAS rotorcraft pilot (with a minimum of 5 hours of those hours as a UAS pilot operating the same make and model of UAS to be used for operations underthe 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 applicable regulations will ensure an equivalent level of safety during Ellis Aerial Photography 

### & Imaging 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 prior to conducting operations for the purpose of motion picture filming (or similar operations), the PIC must have accumulated and logged, in a manner consistent with 14 CFR 61.51(b), 25 hours of total time as a UAS rotorcraft pilot including at least 10 hours logged as a UAS pilot with a multi-rotor UAS

. Priorto operations under Exemption No. 11062, the PIC must also have accumulated and logged a minimum of 5 hours as a UAS pilot operating the same make and model of UAS to be used for operations under the exemption. For clarification, the FAA considers these minimum hour requirements to be inclusive rather than additive; i.e. 5 hours make and model time may be included in the 10 hours of multi-rotor time and the 10 hours may be included in the 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 appropriate to practice and build proficiency in the skills necessary to safely conduct the petitioner's proposed operations. The FAA alsofinds that prior documented flight experience that was obtained in compliance with applicable regulations would satisfy this requirement. Training, proficiency, and

**experience~building** flights can also be conducted under the grant ofexemption to accomplish the required flight time. During training, proficiency, and

**experienc~uilding** flights the PIC is required to operate the UAS with appropriate distances in accordance with 14 C.F.R 91.119. Exemption No. 11138 at page 15. Accordingly, Ellis Aerial Photography & Imaging LLC will ensure safe operations by not allowing any PIC to operate the OJI Phantom 3 Professional or OJI Inspire 1 UAS unless that PIC has demonstrated, by meeting minimum flight-hour and currency requirements, that the P IC is able to safely operate the OJI Phantom 3 Professional or OJI Inspire 1 UAS in a manner consistent with the exemption, including evasive and emergency maneuvers and maintaining appropriate distances from people, vessels, vehicles and structures. 3. Reasons Why An Exemption From The Requirements 

### Of Section 91.7(a) Would Not Adversely Affect Safety. Page 22The equivalent level of safety established by Section 91.?(a) will be maintained because prior to every flight, Ellis Aerial Photography 

### & Imaging LLC will ensure that the DJI Phantom 3 Professional or DJI Inspire 1 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, tothose 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). 4. Reasons Why An Exemption From The Requirements Of Section 91.121 Would NotAdversely Affect Safety. The equivalent level ofsafety established by Section 91.121 will be maintained because the altitude information ofthe DJI Phantom 3 Professional and DJIInspire 1 UASs will be provided to the PIC via GPS equipment and a radio communications telemetry data link, which downlinks from the UAS tothe GCS for active monitoring of the flight path and altitude. This altitude information, combined with Ellis Aerial Photography & Imaging LLC's operation of the DJI Phantom 3 Professional and DJI Inspire 1 UASs within visual line of sight, at or below 500 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 , tothose presented 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 Adversely Affect Safety. A grant of this exemption would ensure an equivalent level of safety established by 14 C.F.R. Section 91.151(b) as a result of (1) the technical specifications of the DJI Phantom 3 Professional and DJI Inspire 1 UASs; (2) the limitations on the proposed flight operations; and (3)the location of the proposed flight operations

. Accordingly, Ellis Aerial Photography & Imaging LLC will ensure that it will safely operate the battery powered DJI Phantom 3 Professional and DJI Inspire 1 UASs during daylight hours in VFR conditions, with enough battery power tofly for a t

. otal duration of 13.5 minutes tothe first point of intended landing and, assuming normal cruising speed, to fly afterthat for at least 4.5 minutes. Here, as in Exemption No. 1 1109, the technical specifications ofthe DJI Phantom 3 Professional and DJI Inspire 1 UASs; the limitations on the proposed flight operations; and the location ofthe proposed operations, will ensure an equivalent level of safety established by 14 C.F.R. Section 91.151(b). Furthermore, Page 23safety will be ensured as the DJI Phantom 3 Professional and DJI Inspire 1 UASs provide audible and visual warnings to the PIC at the GCS when the UASs experiences low battery voltage, thefirst warning occurring at approximately 33% r emaining battery power, and again at approximately 10% remaining battery power. At the critically low battery level, the DJI Phantom 3 Professional and DJI Inspire 1 UASs will descend 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 has been granted for manned air craft 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 similar, 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, 1 1156, 11157, 11158, 11159, 11160, 11161). 6. Reasons Why An Exemption From The Requirements 

### Of Sections 91.405(a), 91.407(a)(1), 91 .409(a)(1) 

### & 

### (a)(2), And 91.417(a) 

### & 

### (b) Would NotAdversely Affect Safety. In seeking this exemption, Ellis Aerial Photography 

### & Imaging LLC submits that the equivalent level of safety with regard to the regulatory maintenance and alteration requirements established by Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2) , and 91.417(a) & (b) will be met because Ellis Aerial Photography & Imaging LLC will use trained technicians to perform maintenance, alterations, or preventive maintenance on the UASs using the methods, techniques, and practices prescribed in the operating documents (i.e., the Ellis Aerial Photography & Imaging LLC Aerial Operations Manual, Weekly Maintenance Log, and DJI Phantom 3 Professional and DJIInspire 1 Instruction Manual)

. Furthermore, Ellis Aerial Photography & Imaging LLC will document and maintain all maintenance records for the OJI Phantom 3 Professional and DJI Inspire 1 UASs. Since the OJI Phantom 3 Professional and DJI Inspire 1 UASs will be inspected as prescribed by the operating documents, Ellis Aerial Photography 

### & Imaging LLC will maintain the equivalent level of safety established by Sections 91.405(a), 91.409(a)(1), and 91.409(a)(2). A copy of the OJI Phantom 3 Professional and DJI Inspire 1 User Manuals are attached hereto as Exhibit C and D; a copy of the DJI Phantom 3 Professional and DJI Inspire 1 UAS Maintenance LOG is attached hereto as Exhibit 

### E. A copy ofthe OJI Phantom 3 Professional and OJI Inspire 1 Preflight and Postflight Checklist is attached hereto as Exhibit F. Likewise, the exemption sought will not adversely affect safety because Ellis Aerial Photography 

### & Imaging 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 maintain an equivalent level of safety established by Sections 91.407, 91.417(a) and 91.417(b), because all maintenance ofthe DJI Phantom 3 Professional and OJI Inspire 1 UASs will be Page 24perfonned by trained technicians. Maintenance will be documented and maintained utilizing the weekly maintenance 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 limitations of the UAS are considered. In consideration of Ellis Aerial Photography 

### & Imaging LLC's proposed operating limitations, the operating documents, and the technical aspects ofthe DJI Phantom 3 Professional and DJI Inspire 1 UASs, Ellis Aerial Photography 

### & Imaging LLC submits that safety will not be adversely affected by granting exemption from 14 C.F.R. Sections 91.405(a), 91.407(a)(1) and (a)(2), 91.409(a)(2), and 91.417(a) and (b). The FAA has previously granted relief specific to UAS in circumstances similar, in all material respects, tothose presented herein (e

.g. Exemption Nos. 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110, 11112, 11136, 11138, 11150, 11153, 11156, 11157, 11158, 11159, 11160, 11161). 7. The FAA May Prescribe Any Other Conditions For Safe Operation. In accordance with Section 333 ofthe FAA Modernization and Refonn Act of 2012 (FMRA) and 14 C.F.R. 

### § 21.16 entitled Special Conditions, Ellis Aerial Photography & Imaging LLC requests that the FAA prescribe special conditions for the intended operation ofthe DJI Phantom 3 Professional and DJI Inspire 1 UASs , which contain such safety standards that the Administratorfinds 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 pennit safe operation ofthe UAs forthe limited purpose of conducting aerial videography 

### & photography, precision agriculture, real estate promotion, inspection, 3d mapping/modeling, surveying· , wildlife & forestry monitoring, and construction site management over certain areas ofthe United States for compensation or hire. FMRA Section 333 sets forth the requirements for considering whether a UAS will create a hazard to users ofthe NAS orthe 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 ofthe UAS in the NAS. Likewise, the Administrator may prescribe special conditions pursuant to 14 C.F.R. 

### § 21.16, for operation ofthe DJI Phantom 3 Professional and DJI Inspire 1 UASs, sincethe airworthiness regulations of 14 C.F.R. Part 21 do not contain adequate or appropriate safety standards, due to the novel or unusual design features of the aircraft. Section 21.16, entitled Special Conditions, states the following: Ifthe FAA finds that the airworthiness regulations of this subchapter do not contain adequate or appropriate safety standards for an aircraft, aircraft engine, or propeller because of a novel or unusual design feature of the aircraft, aircraft engine or propeller, he prescribes special conditions and amendments thereto for the product. The special conditions are issued in accordance with Part 11 ofthis chapter and contain such safety standards forthe aircraft, aircraft engine or propeller as the Page 25FAAfinds 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 Ellis Aerial Photography & Imaging LLC's intended operation of the DJI Phantom 3 Professional and DJI Inspire 1 UASs, 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 SummaryThat Can Be Published In The Federal Register, stating: The Rules From Which Ellis Aerial Photography 

### & Imaging LLC Seeks Exemption: Ellis Aerial Photography & Imaging LLC seeks exemption from the requirements of 14 C

.F.R Sections 61

. 113(a)&(b), 91. ?(a) , 91. 121, 91. 151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) 

### & (a)(2), and91.417(a) 

### & (b). 

### A Brief Description 

### OfThe Nature 

### OfThe Exemption Ellis Aerial Photography 

### & Imaging LLC Seeks: This exemption willpermit Ellis Aerial Photography 

### & Imaging LLC to commercially operate an UnmannedAircraft System (UAS) for the purpose ofconducting aerial videography 

### &photography , precision agriculture, real estate promotion, inspection, 3d mapping/modeling , surveying , wildlife 

### & forestry monitoring, andconstruction site management overcertain areas ofthe UnitedStates. 

### G. Any Additional Information, Views, OrArguments Available To Support Ellis Aerial Photography & Imaging LLC's Request. This Petition is made pursuant to the FAA Modernization and Reform Act of2012 (FMRA) Section 333, which directs the Secretary ofTransportation to determine ifcertain UAS may operate safely in the NAS. As such, Ellis Aerial Photography 

### & Imaging 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, Ellis Aerial Photography & Imaging LLC will operate the DJI Phantom 3 Professional and DJI Inspire 1 UASs safely in the NAS, without creating a hazard to users of the NAS, orthe public, or otherwise pose a threat to national security

.

Page 26

### CONCLUSION As set forth herein, Ellis Aerial Photography 

### & Imaging LLC seeks an exemption pursuant to 14 C

.F.R. 

### § 11.61 and Section 333 of the FAA Modernization and Reform Act of2012 (FMRA), which will permit safe operation ofthe DJI Phantom 3 Professional and OJI Inspire 1 UASs commercially, without an airworthiness certificate, forthe limited purpose of conducting aerial videography 

### & photography, precision agriculture, real estate promotion, inspection, 3d mapping/modeling, surveying, wildlife 

### & forestry monitoring, and construction site management over certain areas of the United States. By granting this Petition, the FAA Administrator w ill be fulfilling the Congressional mandate ofthe FAA Modernization and Reform Act of 2012, while also advancing the interests of the public, by allowing Ellis Aerial Photography & Imaging LLC to safely, efficiently, and economically operate the OJI Phantom 3 Professional and OJI Inspire 1 UASs commercially within the NAS. 

### WHEREFORE, in accordance with the Federal Aviation Regulations and the FAA Modernization and Reform Act of2012, Section 333, Ellis Aerial Photography 

### & Imaging LLC 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 the petitioner to operate the OJI Phantom 3 Professional and DJI Inspire 1 UASs commercially for the purpose of conducting aerial videography 

### & photography, precision agriculture, r eal estate promotion, inspection, 3d mapping/modeling, surveying, wildlife 

### &forestry monitoring, and construction site management over certain areas ofthe United States.

Page 27 Respectfully submitted,

# ~iiji?/

# ~ Taylor B

. Ellis Ellis Aerial-Photography & Imaging LLC, Owner 1775 E Houston Ave Fresno, CA 93720 Tel: (559) 824-6942

### APPENDICES: A - DJI Phantom 3 Professional Specifications Data Sheet B- DJIInspire 1 Specifications Data Sheet C- DJI Phantom 3 Professional Manufacturer's User Manual D- DJI Inspire 1 Manufacturer's User Manual E- Weekly Maintenance Log F
- Preflight and Postflight Checklists 

### APPENDIX-A DJI PHANTOM 3 PROFESSIONAL TECHNICAL SPECIFICATIONS Ellis Aerial Photography 

### & Imaging 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 limitflight to a predetermined and set distance

. In addition, DJI software provides real-time altitude and location information tothe PIC via the linked monitor (smart phone/tablet devices) 1. 1 DJI Phantom 3 Professional 1.1.1 Aircraft 1. 1.1.1 Supported Battery
- DJI 6000mAH 2S UPo Battery 1 .1.1.2 Weight (Battery 

### & Propellers Included)- 1280g 1.1.1.3 HoverAccuracy (Ready to Fly)- Vertical:+/- .1m; Horizontal:+/- 1.5m 1. 1.1.4 Max Ascent Speed
- Sm/s 1

. 1.1.5 Max Descent Speed-3m/s 1.1.1.6 Max Flight Speed -16m/s (NOT RECOMMENDED) 1.1.2 Gimbal 1.1.2.1 Controllable Range- Pitch: -90° to +30° 1

. 1.3 Camera 1.1.3.1 Operating Temperature Range- 32°F- 104°F 

### (OOC

- 40°C) 1.1

.3.2 Sensor Size- 1/2

.3" 1.1.3.3 Effective Pixels
- 12.4M 1.1.3.4 Resolution
- 4000X3000 1.3.5 HD Video Recording -4K + 1080P 1.3.6 Recording Field of View- 94° 1.1.4Transmitter 1.1.4.1 Operating Frequency
- 2.400GHz
- 2.483GHz 1.1.4.2 Communication Distance (unobstructed)
- FCC Compliance: 2000m 1.1.4.3 Receiver Sensitivity (1%PER)- -101dBm 1.1.4.4 Transmitter Power- FCC Compliance: 100mW 1.1.4.5 Working Voltage -120mA@7.4V
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### APPENDIX-8 DJI INSPIRE 1 TECHNICAL SPECIFICATIONS Ellis Aerial Photography & Imaging 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 flight to a predetermined and set distance

. In addition, DJI software provides real
-time altitude and location information to the PIC via the linked monitor {smart phone/tablet devices) 2.2 DJI Inspire 1 2.2

.1 Aircraft 2.2.1. 1 Model
- T600 2

.2.1.2 Weight (Battery Included)- 61bs 7

.5291oz {2935g) 2

.2.1

.3 Hovering Accuracy {GPS Mode)- Vertical: 0

.5m; Horizontal: 2.5m 2

.2.1.4 Max Angular Velocity- Pitch: 300°/s; Yaw: 150°/s 2.2.1

.5 Max Tilt Angle
- 35° 2.2

.1.6 Max Ascent Speed
- 5m/s 2

.2

. 1.7 Max Descent Speed
- 4m/s 2.2.1

.8 Max Speed- 22m/s (ATTl mode, no wind- NOT RECOMMENDED) 2.2.1

.9 Max Flight Altitude- 4500m 2

.2

. 1.10 Max Wind Resistance -10m/s 2.2.1.11 Max Flight Time
- Approximately 18 minutes 2

.2.1

. 12 Motor Model- DJI 3510 2

.2

. 1

. 13 Propeller Model
- DJI 1345 2.2.1.14 Operating Temperature Range
- 14°F to 104°F { -1 0°C to 40°C) 2

.2.1

. 15 Dimensions -17 

### %" x 17 

### %" x 12" 2

.2

.2 Gimbal 2.2.2.1 Model -ZENMUSE X3 2.2.2.2 Output Power {with camera)- Static: 9W; In Motion: 11W 2.2.2.3 Operating Current- Static: 750mA; In Motion: 900mA 2.2.2.4 Angular Vibration Range- ±0.03° 2.2.2

.5 Mounting
- Detachable 2.2.2.6 Controllable Range- Pitch: -90° to +30°; Pan: ±320° 2

.2.2.7 Mechanical Range
- Pitch:
-125° to 45°; Pan: ±330° 2

.2.2

.8 Max Controllable Speed- Pitch: 120°/s; Pan: 180° /s 2

.2

.3 Camera 2.2

.3.1 Name- X3 2.2

.3

.2 Model- FC350 2

.2.3.3 Total Pixels
- 12.76M 2.2.3.4 Effective Pixels -12.4M 2.2.3.5 Image Max Size- 4000x3000 2.2.3.6 ISO Range- 100-3200

### 2

.2.3.7 Field of View
- 94° 2.2.3.8 CMOS -Sony EXMOR 1/2

.3" 30 2.2.3.9 HD Video Recording- UHD(4K): 3840x2160p24/25/30; 2

.2.3.10 Operating Temperature Range- 32°F- 104°F (0°C- 40°C} 2

.2.4 Transmitter 2

.2.4.1 Name- C1 2

.2.4.2 Operating Frequency- 5.728
-5.850GHz; 2.400-2.483GHz 2

.2.4

.3 Communicating Distance (unobstructed)
- 2000m 2.2.4.4 Output Power- 9W 2

.2.4.5 Operating Temperature Range- 14°F to 104°F (
-100C to 40°C) 2.2.4.6 Battery
- 600mAh LiPo 2S

### UAV SERIAL# : SOFTWARE/UPD ATES AIRFRAME MOTORS PROPELLERS CAMERA/GIMBAL LANDING GEAR VIBRATION DAMPENING WIRING HARNESS OTHER: DATE ISSUE APPENDIX E WEEKLY MAINTENANCE LOG EXAMPLE

DATE ISSUE DESCRIPTIO N OF ISSUE

, FOUND 

### & MAINTENAN MONTH: DISCOVERE CORRECTE CE PERFORME

_ __ _ 

### D D CONDUCTED D BY : WEEK 

### #:

### APPENDIX F PREFLIGHTAND POSTFLIGHT CHECKLISTS PREFLIGHT 1

. Verify all transmitter, camera, and aircraft batteries are fully charged. 2

. Check all control surfaces for signs of damage, loose hinges, and overall condition

. 3. Check the control linkages are secured and the condition ofthe control hams and brackets

. 4

. Check the frame and booms to confirm structural condition and proper alignment. 5. check the motors and mounting system to make sure it is firmly attached to the airframe. 6

. Check the propellers for chips, cracks, looseness, and any deformation. 7. Check the landing gearfor damage, proper mobility, and secure attachment. 8

. Check that the servos are attached properly and in working condition, all receivers are secure. 9

. Check all electrical connections making sure they are plugged in and secured to the airframe

. 10. Check that the photography equipment and mounting system are secure and operational. 11. Perform an overall visual check ofthe aircraft prior to arming any power systems. 12. Repair or replace any part found to be unairworthy in the preflight prior to takeoff

. 13

. Perform assessment ofoperational area to identify hazards that may interfere with operation. 14

. Determine if barriers or crowd control personnel are needed to protect public from harm

. 15. Install barriers and/or assign duties to crowd control personnel as needed. 

### CONTROL SYSTEMS CHECK 1. Make every effort to assure that no one in the area is using your radios frequence before turning on your transmitter. 2

. Make sure that all of your body parts, clothing, other obstructions, and bystanders are well away from any propeller or rotor and its arc before turning power on to any stems. Make sure the aircraft is secure and will not move ifthe motorwas suddenly powered up. 3. Announce out loud- "CLEAR PROP" 4. Tum on the transmitter. Check all GCS's alerts and warnings and confirm systems clear

. 5

. Make sure that the throttle stick on the transmitter is in the power off position. 6. Insert the aircraft battery and tum on the powerto the aircraft. 7. Test signal strength and confirm failsafe settings in the GCS. 8. Check for proper operation of control surfaces

. 9

. Check that all servos are steady and not chattering or making any other abnormal noise when in operation or idle. 10

. Check the motors for proper operation

. Confirm the motors stopwhen the throttle stick is turned to "OFF" 11

. Check that photo/video equipment power is on. Check to make sure the trigger function is working properly. 

### BEFORE TAKE OFF 1

. Confirm transmitter antenna is fully extended and vertical. 2. Check that the area is clear of obstructions and people. 3. Double check the weather conditions and review potential emergency landing areas.

### 4

. Set flight timer alarms. 5

. Double check airspace around takeoff area scanning for any aircraft. 6

. Double check location & flight meets or exceeds all regulations in place by the FAA, and exceeds the protocol recommended by the insurance company. 7. Announce out loud- "TAKE OFF" 8. Launch aircraft IN FLIGHT 

### 1. Climb to a safe altitude away from potential hazards and check control systems. 2

. Confirm flight mode operations, satellite strength, and check for any drifting

. 3

. Keep aircraft at a safe operating distance from people and buildings

. 4

. Continually scan the flight and ground areas for potential hazards, utilizing your spotterfor assessing for possible hazards. LANPING 

### 1

. Check the control systems and lower landing gear. 2

. Scan landing area for potential obstruction hazards and recheck weather conditions. 3. Announce out loud- "LANDING" 4

. Always 

### be prepared to go around to have an emergency landing location. 5. Carefully land the aircraft away from obstructions and people

. POST FLIGHT 

### 1. Tum the power off tothe aircraft and remove the battery. 2. Turn off the transmitter

. 3. Tum offthe photo equipment. 4

. Visually check the aircraft for signs ofdamage and/or excessive wear. 5. Secure the aircraft and lock all equipment cases.