1 July 30

, 2015

Attn: U. S. Department of Transportation Docket Operations West Building Ground Floor, Room w12

- 140 1200 New Jersey Ave, SE Washington, DC 20590

RE: JOHN L. JOHNSTON OWNER, GARRAVA, LLC REQUEST AN EXEMPTION FROM THE REQUIREMENTS OF TITLE 1 4 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 (S/N P76DCF18010027 N107BB) UNMANNE D AIRCRAFT SYSTEMS PURSUANT TO SECTION 333
OF THE FAA MODERNIZATION AND REFORM ACT OF 2012 (PUBLIC LAW 112

- 95)



### John L. Johnston President Garrava, LLC 3652 Dunigan Court Catharpin, VA 20143 703.472.1711 email; trade@thejumpworks.com2

TABLE OF CONTENT S

Page

GLOSSARY OF ABBREVIATIONS

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

SUMMARY

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

INTRODUCTI ON AND INTERESTS OF PETITIONER

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

BACKGROUND

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

BASIS FOR PETITION

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

NAME AND ADDRESS OF PETITIONER

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

THE SPECIFIC SECTIONS OF 14 C.F.R. FROM WHICH GARRA VA, LLC SEEKS EXEM PTION

...... 6

THE EXTENT OF RELIEF GARRAVA, LLC SEEKS AND THE REASON

GARRAVA, LLC SEEKS THE RELIEF

................................ ................................ ................................ ...... 10

THE REASONS WHY GRANTING GARRAVA, LLC’S REQUEST WOULD BE

IN THE PUBLIC INTEREST

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

THE REASONS WHY GRANTING THE EXEMPTION TO GARRAVA, LLC

WOULD NOT ADVERSELY AFFECT SAFETY

................................ ................................ ....................... 14

S UMMARY THAT CAN BE PUBLISHED IN THE FEDERAL REGISTER

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

ANY ADDITIONAL INFORMATION, VIEWS, OR ARGUMENTS AVAILABLE TO

SUPPORT GARRAV A, LLC’S REQUEST 25 CONCLUSIONS

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

APPEND ICES

................................ ................................ ................................ ................................ ............... 263

GLOSSARY OF ABBREVIATIONS

AGL Above Ground Level AOI Area of Interest
ATC Air Traffic Control ATO Air Traffic Organization AV Aerial Vehicle CFR Code of Federal Regulations COA Certificate of Autho rization
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 Sectio n 333 FAA Modernization and Reform Act of 2012 (FMRA) SO Safety Observer SOP Standard Operating Procedures UA Unmanned Aircraft UAS Unmanned Aircraft System
VFR Visual Flight Rules VLOS Visual Line of Site
VMC Visual Meteorological Co nditions VTOL Vertical Takeoff and Landing4

SUMMARY

JOHN L. JOHNSTON as GARRAVA, LLC hereafter referred to as GARRAVA, 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 (DJI
Ph antom 3) pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (FMRA). This exemption will permit The GARRAVA, LLC to operate an Unmanned Aircraft System (UAS) for the commercial purpose of conducting aerial video and photography of const ruction sites, residential and commercial real estate, civil landscapes and approved events over certain areas of the United States.

INTRODUCTION AND INTERESTS OF THE PETITIONER

JOHN L. JOHNSTON sole member of GARRAVA, LLC has been involved in commercia l aviation
since 1990 with an ATP certificate since 2004 and type ratings in both the HS

- 125 and G1159 aircraft. John L. Johnston has over 5000 hours of turbine aircraft experience including international experience in both part 91 and 135 operations. Duri ng an incident/accident free career JOHN L. JOHNSTON has been familiar with FAR regulations, airspace, aircraft maintenance manuals and logbooks, MEL’s, ground operations and record keeping in accordance with current regulations.

The objective of GARRAVA, LLC and our Unmanned Aircraft System (DJI Phantom 3 professional) aerial operations is to provide a more affordable, high

- quality production system for a variety of governmental, commercial, public, and residential uses, specifically targeting

a. Constructi on sites before and after
b. Appraisals

c. Real

- estate marketing
d. Economic development

e. Civic landmarks

f. Special event coverage

g. Support for various local agencies including police and fire and rescue operations

John L. Johnston has safely flown small RC airc raft for over 7 years including electric quadcopters recreationally for over a year without incident.

BACKGROUND

GARRAVA, LLC seeks an exemption to operate DJI Phantom 3 system for compensation or hire
within the NAS. The DJI Phantom 3 is vertical takeo ff and landing (VTOL) Unmanned Aircraft (UA) with a Ground Control Station (GCS) utilizing electronic tablet or smart phone systems. The DJI Phantom 3 has a maximum gross weight of approximately 2.8 lb. while having a diagonal dimension of 23.2”, a maximum speed of approximately 16.4’fps and a maximum flying height of 400'. The DJI Phantom 3 is equipped with four main rotors; driven by Lithium Polymer battery powered electric

motors. The DJI Phantom 3 that will be operated by GARRAVA, LLC will be registere d 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

.5

BASIS FOR PETITION

Petitioner, GARRAVA, LLC, pu rsuant to the provisions of the Federal Aviation Regulations (14 C.F.R. § 11.61) and the FAA Modernization and Reform Act of 2012 (FMRA), Section 333, Special Rules for Certain Unmanned Aircraft Systems , hereby petitions the Administrator to commercially o perate the DJI Phantom 3, UAS in the National Airspace System (NAS), and for an exemption from the requirements of 14 C.F.R §§ 61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b).

In considerati on of the speed, weight, size, and limited operating area associated with the unmanned aircraft and its operation, GARRAVA, LLC operation of DJI Phantom 3 UAS meets the conditions of FMRA Section 333 and therefore, will not require an airworthiness certifi cate in accordance with 14 C.F.R. Part 21, Subpart H.

Accordingly, GARRAVA, 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.

GARRAVA, LLC submits that the requested relief is proper since an equivalent level of safety will be ensured. GARRAVA, LLC will use experienced personnel or technicians to perform maintenance, alterations, or p reventive maintenance on the UAS using the methods, techniques, and practices prescribed in the operating documents (i.e., Monthly Maintenance Log, and DJI Phantom 3 Instruction Manual). Furthermore, GARRAVA, LLC will document and maintain all maintenance records for the
DJI Phantom 3 UAS.

Relief from certain requirements of Section 61.113(a) and (b), entitled Private pilot privileges and
limitations: Pilot in command , is requested by GARRAVA, LLC to the extent necessary to allow a Pilot in Command (PIC) holding a private pilot or higher level certificate, as well as an airman medical certificate, and who has demonstrated, by meeting minimum flight

- hour and currency requirements, that the PIC is able to safely operate the DJI Phantom UAS in a manner consis tent with this exemption, including evasive and emergency maneuvers and maintaining appropriate distances from people, vessels, vehicles and structures.

GARRAVA, LLC seeks relief from Section 91.7(a), entitled Civil aircraft airworthiness , because the DJ I Phantom 3 UAS do not require an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H. As such, GARRAVA, LLC submits that they will ensure that the DJI Phantom 3 UAS is in an airworthy condition, prior to every flight, by determining that the UAS are in compliance with the operating documents (i.e., Monthly Maintenance Log, and DJI Phantom 3 Instruction Manual), and that the aircraft are in a condition for safe flight. GARRAVA, LLC also seeks an exemption from the requirements of Sect ion 91.121, entitled Altimeter Settings , as the DJI Phantom 3 UAS will not have a typical barometric altimeter onboard. However, altitude information of the DJI Phantom 3 UAS will be provided to the PIC via Global Positioning System (GPS) equipment and rad io communications telemetry data link, which downlinks from the UA to the GCS for active monitoring of the flight path. This altitude information, combined with GARRAVA, LLC’s operation of the DJI Phantom 3 UAS within visual line of sight, at or below 400 feet AGL, will ensure a level of6 safety equivalent to Section 91.121.

Additionally, GARRAVA, LLC seeks an exemption from the requirements of Section 91.151(b),
entitled Fuel requirements for flight in VFR conditions . GARRAVA, LLC submits that safety will not be affected by operation of the DJI Phantom 3 UAS during daylight hours in visual meteorological conditions (VMC) under visual flight rules (VFR), with enough battery power to fly for a total duration of approximately 23 minutes. Battery power indicato rs are also able to show exactly how much battery power is left, as well as how much time is needed to return safely back to point of take off. The DJI pilot App will display a notice when a low battery warning is triggered. The UAS will automatically

retu rn to the home point if no action is taken after a 10 second count down. Additional details of the RTH failsafe will be addressed in the section “technical specifications of DJI Phantom 3 UAS.

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

A. Name And Address Of The Petitioner.

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

GARRAVA, LLC c/o JOHN L. JOHNSTON 3652 Dunigan Court Catharpin, VA 20143

M obile: 703 .472.1711 Email: trade@thejumpworks.com

B. The Specific Sections Of 14 C.F.R. From which GARRAVA, LLC Seeks Exemption.

1. GARRAVA, LLC Seeks Exemption From The Requirements Of Section 61.113(a) And (b).

Section 61.113, entitled Private pilot privileg es 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 com pensation or hire; nor may that person, for compensation or hire, act as PIC of an aircraft.

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

—

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

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

2. GARRAVA, LLC Seeks Exemption From The Requirements Of Section 91.7(a).

Section 91.7, entitled Civil aircraft airworthiness , subsec tion (a), states the following:

(a) No person may operate a civil aircraft unless it is in an airworthy condition.

3. GARRAVA, LLC Seeks Exemption From The Requirements Of Section
91.121.

Section 91.121, entitled Altimeter settings, subsection (a), s tates the following, in part:7 (a) Each person operating an aircraft shall maintain the cruising altitude or flight level of that aircraft, as the case may be, by reference to an altimeter that is set, when operating

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

- (i) The current reported altimeter setting of a station along the route and within 100 nautical miles of the aircraft;

(ii) If there is no station within the area prescribed in paragraph (a)(1)(i) of this section, the current reported altimeter setting of an app ropriate 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. GARRAVA, LLC Seeks Exemption From The Requirements Of Section 91.151(b).

Section 91.151, entitled Fuel requirements for flight in VFR conditions , subsection

(b), states the following:

(b) No person may begin a flight in a rotorcraft under VFR conditions unless (considering wind and forecast weather conditi ons) there is enough fuel to fly to the first point of intended landing and, assuming normal cruising speed, to fly after that for
at least 20 minutes.

5. GARRAVA, LLC Seeks Exemption From The Requirement Of Section 91.405(a).

Section 91.405, entitled M aintenance required , subsection (a), states the following: Each owner or operator 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 of this chapter[.]

6. GARRAVA, LLC Seeks Exemption From The Requirements Of Section 91.407(a)(1)

Section 91.407, entitled Operation after maintenance, preventive maintenance, rebuilding , or alteration , subsection (a)(1), states the following:

(a) No person may operate any aircraft that has undergone maintenance, preventive maintenance, rebuilding, or alteration unless

-

(1) It has been approved for return to service by a person authorize d under § 43.7 of this chapter.

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

Section 91.409, entitled Inspections , subsection (a), states the following:

(a) Except as provided in paragraph (c) of this section, no person may operate an aircraft unless, within the preceding 12 calendar months, it has had

-8 (1) An annual inspection in accordance with part 43 of this chapter and has been approved for return to service by a person authorized by § 43.7 of th is chapter; or

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

8. GARRAVA, LLC Seeks Exemption From The Requirements Of Sections 91.417(a) And 91.417(b).

Section 91.417, entitled Maintenan ce records , subsections (a) and (b), state the following:

(a) Except for work performed in accordance with §§ 91.411 and 91.413, each registered owner or operator shall keep the following records for the periods specified in paragraph (b) of this section:

(1) Records of the maintenance, preventive maintenance, and alteration and records
of the 100

- hour, annual, progressive, and other required or approved inspections, as appropriate, for each aircraft (including the airframe) and each engine, propeller,

ro tor, and appliance of an aircraft. The records must include

-
(i) A description (or reference to data acceptable to the Administrator) of the work performed; and

(ii) The date of completion of the work performed; and

(iii) The signature, and certificate n umber of the person approving the aircraft
for return to service.

(2) Records containing the following information:

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

(ii) The current status of life

- limited parts of 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, includ ing the time since the last inspection required by the inspection program under which the aircraft and its appliances are maintained.

(v) The current status of applicable airworthiness directives (AD) and safety directives including, for each, the method of compliance, the AD or safety directive number and revision date. If the AD or safety directive involves recurring action, the time and date when the next action is required.

(vi) Copies of the forms prescribed by § 43.9(d) of this chapter for each majo r 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:9

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

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

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

C. The Extent Of Relief GAR RAVA, LLC Seeks And Th e Reason GARRAVA, LLC Seeks The Relief.

1. Extent Of Relief GARRAVA, LLC Seeks And The Reason GARRAVA, 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 co mmand , 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 propose d 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, GARRAVA, LLC submits that an equivalent level of safety will be maintained because no PIC will be allowed to operate the DJI Phantom 3 UAS unless that PIC has met certain flight

- hour and currency requirements, demonstrating that the PIC is able to safely operate either the DJI
Phantom 3 UAS in a manner consiste nt 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, GARRAVA, LLC submits that all flights of the DJI Phantom 3 UAS, conducted by the PIC pursuant to the grant of this Petition: (1) will be incidental to GARRAVA, LLC’s business (2) will not carry passengers or property for compensation or hire; and (3) will maintain an appropriate PIC hourly flight log which will include flight time, location, weather conditions (VFR), type of flight, and reason for flight.

2. Extent Of Relief GARRAVA, LLC Seeks And The Reason GARRAVA, LLC Seeks Relief From Section 91.7(a).10 Relief from Section 91.7(a) entitled Ci vil aircraft airworthiness , is requested to the extent required to allow GARRAVA, LLC to determine that the DJI Phantom 3 UAS are in airworthy condition prior to every flight by ensuring that the UAS is in compliance with the operating documents (i.e., GAR RAVA, LLC Aerial Operations Manual, Monthly Maintenance Log, and DJI Phantom 3 Instruction Manual).

GARRAVA, LLC seeks the requested relief because the DJI Phantom 3 UAS do not require an airworthiness certificate in accordance with 14 C.F.R. Part 21, Sub part H. Therefore, GARRAVA, LLC will ensure that the DJI Phantom 3 UAS are in airworthy condition based upon its compliance with the operating documents (i.e., Monthly Maintenance Log, and DJI Phantom 3) prior to every flight, and further, determine that

t he aircraft are in condition for safe flight, as stated in the conditions and limitations
below.

3. Extent Of Relief GARRAVA, LLC Seeks And The Reason GARRAVA, LLC Seeks
Relief From Section 91.121.

Relief from Section 91.121, entitled Altimeter settings , may be required to allow flight operations of the DJI Phantom 3 UAS, which utilize a barometric pressure sensor, GPS equipment, and a radio communications telemetry data link to downlink altitude information from the UA to the PIC at the ground control s tation (GCS). Since the FAA requires that any altitude information concerning UAS operations be reported to air traffic control (ATC) in feet above ground level (AGL), GARRAVA, LLC seeks the requested relief because the DJI Phantom 3 UA’s 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 operations, relief from 14 CFR 91.121 is sought to the extent necessary to comply with th e 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 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 of the UA on the heads

- up display of the GCS.

4. Extent Of Relie f GARRAVA, LLC Seeks And The Reason GARRAVA, LLC Seeks
Relief F rom Section 91.151(b).

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

Significantly, as set forth below, the technical specifications of the DJI Phantom 3 UAS,11 the DJI Phantom 3 o perating documents, and GARRAVA, LLC’s proposed operating limitations, ensure that GARRAVA, LLC will safely operate the battery powered DJI Phantom 3 UAS during daylight hours in visual meteorological conditions (VMC), under visual flight rules (VFR), with enough battery power to fly for a total duration of
23 minutes.

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

Since Sections 91.405(a) , 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b) only apply to aircraft with an airworthiness certificate, GARRAVA, LLC requests relief from these Sections because the DJI Phantom 3 UAS do not require airworthiness
certificates. As set forth more fully below, the DJI Phantom 3 UAS meet the conditions of FMRA Section 333 for operation without an airworthiness certificate. Accordingly, GARRAVA, LLC will use trained technicians to perform maintenance, alterations, or preventive maintenance on the UA S using the methods, techniques, and practices prescribed in the UAS operating documents (i.e., the GARRAVA, LLC Aerial Operations Manual, Monthly Maintenance Log, and DJI Phantom 3 Instruction Manual). Furthermore, GARRAVA, LLC will document and maintain all maintenance
records for the DJI Phantom 3 UAS.

D. The Reasons Why Granting GARRAVA, LLC Request Would Be In The Public Interest; That Is, How It Would Benefit The Public As A Whole.

Granting the present Petition will further the public interest by a llowing GARRAVA, LLC to safely, efficiently, and economically perform aerial video and photography of construction sites, real estate, events and civic landscape over certain areas of the United States. Additionally, using the UAS for agricultural crop di agnosis would increase safety by pinpointing areas needing pesticide application, reducing pesticide overuse. This would provide small to midsize farms compete at a lower cost. Providing assistance to people in need during disaster situations by identifyin g areas needing immediate relief thereby limiting resources spent in those areas not needing immediate assistance and saving lives with reduced response times.

Additionally, use of the DJI Phantom 3 UAS will decrease congestion of the NAS, reduce pollution , and provide significant benefits to the economy. Notably, the benefits of GARRAVA, LLC’s proposed operation of the DJI Phantom 3 UAS will be realized without implicating any privacy issues.

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

.

The DJI Phantom 3 UAS are battery powered and serve as a safe, efficient, and economical alternative to the manned aircraft traditionally utilized to obtain aerial12 imagery. By reducing the amount of manned aircraft needed to perform aerial acquisitions, an exemption allowing the use of a DJI Phantom 3 UAS would reduce the amount of manned aircraft in the NAS, reduce noise and air pollution, as well as increase the safety of life and property in the air and on the ground. Furthermore, by reducing the numb er of manned aircraft operating in the NAS, congestion around airports caused by arriving and departing aircraft will be reduced. The DJI Phantom 3 UAS do not require an airport to takeoff or land. Likewise, a reduction of manned aircraft conducting aerial video and photography missions would result in fewer aircraft that must be handled by air traffic control during the ground, takeoff, departure, arrival, and landing phases of flight operations.

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

Conducting aerial acquisitions with the DJI Phantom 3 UAS, instead of manned aircraft, will greatly benefit the public by drastically reducing the levels of air and noise pollution generated during traditional aerial video and st ill photography flight operations. By using battery power and electric motors, the DJI Phantom 3 UAS produce no air pollution, and is the most viable environmentally conscious alternative to the cabin class, six cylinder internal combustion engine aircraft that are typically utilized for aerial video and photography, while burning approximately 20

- 30 gallons per hour of leaded aviation fuel. The DJI Phantom 3 UAS, while reducing the carbon footprint of aerial acquisitions, also eliminates noise pollution, a s the UAS are propelled by battery powered electric motors, rather than an internal combustion engine.

By using the DJI Phantom 3 UAS to perform aerial acquisitions, the substantial risk to life and property in the air and on the ground, which is usually associated with traditional manned aircraft flight operations, will be substantially reduced or completely eliminated. Aside from the lack of flight crew members located onboard the aircraft, the DJI Phantom 3 UAS (weighing approximately 2.8 pounds at thei r maximum gross weight with diagonal dimension of 23.2 inches, and with no fuel on board), has less physical potential for collateral damage to life and property on the ground, and in the air, compared to the manned aircraft that typically conduct similar operations (weighing approximately 6,000 pounds with a wingspan of approximately 42 feet, a length of 34 feet, and a fuel capacity of 180 gallons).

3. Performing Aerial Video and Photography Operations With The DJI Phantom 3 UAS Will Benefit The Economy.

In addition to being safe and efficient, the DJI Phantom 3 UAS are also an economical alternative to using manned aircraft to conduct similar aerial operations. As such, operation of the DJI Phantom 3 UAS will allow United States based companies, like
GAR RAVA, 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 UAS is one such13 technology that not only allows companies greater operational flexibility compared to manned aircraft, but prov ides such flexibility without the high operational cost of a
traditional manned aircraft. By operating the DJI Phantom 3 UAS, companies such as GARRAVA, LLC, can remain competitive and profitable, and therefore, provide greater job stability to employees and contractors, which will ultimately contribute to growth of the U.S. economy. Improved financial performance of U.S. companies, through commercial use of the DJI Phantom 3 UAS, provides a stable workforce that increases consumer spending; improves local , state, and federal tax revenues; and allows companies to invest in research and development in order to remain competitive both in the United
States and abroad

4. There Are No Privacy Issues.

Similar to the manned aerial acquisition flight operations that have been conducted for decades, GARRAVA, LLC’s proposed operation of the DJI Phantom 3 UAS will not implicate any privacy issues. Specifically, the DJI Phantom 3 UAS will be operated only in compliance with operating documents (i.e., GARRAVA, LLC Aer ial Operations Manual, Monthly Maintenance Log, and DJ I Phantom 3 Instruction Manual) which requires property owner involvement , subject notification as well as local law enforcement notification, and in accordance with the Federal Aviation Regulations,
in cluding the minimum altitude requirements of 14 CFR § 91.119.

E. The Reasons Why Granting The Exemption Would Not Adversely Affect Safety, Or How The Exemption Would Provide A Level Of Safety At Least Equal To That Provided By The Rule From Which GARRAVA , LLC Seeks Exemption.

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

In consideration of the size, weight, speed, and limited operating area associated with
the unmanned air craft and its operation, GARRAVA, LLC’s operation of the DJI
Phantom 3 UAS meet t he 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 UA S to operate without airworthiness certification and sets forth requirements for considering whether a UAS will create a hazard to users of the NAS or the public, or otherwise pose a threat to national security. Specifically,
FMRA Section 333 states the fo llowing, in part:

(a) In General.

-- Notwithstanding any other requirement of this subtitle, and not later than 180 days after the date of enactment of this Act, the Secretary of Transportation shall determine if certain unmanned aircraft systems may operat e safely in the national airspace system before completion of the plan and14 rulemaking required by section 332 of this Act or the guidance required by section 334 of this Act.

(b) Assessment of Unmanned Aircraft Systems.

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

-

(1) Which types of unmanned aircraft systems, if any, as a result of their size, weight, speed, operational capability, proximity to airports and populated areas, and operation within visual li ne of sight do not create a hazard to users of the national airspace system or the public or pose a threat to national security; and

(2) Whether a certificate of waiver, certificate of authorization, or airworthiness certification under section 44704 of t itl e 49, United States Code, is required for the operation of unmanned aircraft systems identified under paragraph (1).

(c) Requirements for Safe Operation.

-- If the Secretary determines under this section that certain unmanned aircraft systems may operat e safely in the national airspace system, the Secretary shall establish requirements for the safe operation of such aircraft systems in the national airspace system.

In seeking this exemption, GARRAVA, LLC submits that the DJI Phantom 3 UAS can operate s afely in the NAS pursuant to FMRA Section 333, as demonstrated by:

(a) the characteristics of the DJI Phantom 3 UAS;

(b) the pilot certification requirement; and

(c) the specific operating limitations.

a. The Specifications Of The DJI Phantom 3 UAS De monstrate Its Safe
Characteristics.

The DJI Phantom 3 UAS does not create a hazard to users of the NAS or the public, or otherwise pose a threat to national security considering its size, weight, speed, and operational capability. The DJI Phantom three ha s established itself as a reliable and safe UAS, with multiple automatic safety
features as described below.

i. Technical Specifications Of The DJI Phantom 3 UAS.

The technical specifications of the DJI Phantom 3 UAS are set forth by
the DJI Phantom 3 Us er Manual, attached hereto as Appendix A.

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

The DJI Phantom 3 UAS may be operated in both manual and global15 positioning flight modes. A complete description of the flight and navigational modes of the DJI Phantom 3 UAS is provided at pages 11 of the DJI Phantom 3 User Manual attached hereto as Appendix A.

iii. The DJI Phantom 3 UAS Are 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 UAS will remain stationary, in flight, for 3 seconds or more. If, after 3 seconds, the DJI Phantom 3 UAS does not reacquire control link data from the GCS, t he
UAS will assume that the Control Link is lost and the will return to the home position (i.e., failsafe mode) via GPS, and will descend to the takeoff position and shutdown. A complete description of the Failsafe Functions of the DJI Phantom 3
UAS are s et forth at pages 12 through 14 of the DJI Phantom 3 User Manual, attached hereto as Appendix A.

iv. The DJI Phantom 3 GCS And Its Operation.

A complete description of the operation and specifications of the DJI Phantom 3 GCS and flight control softwar e is provided at pages 23 through 29 of the DJI Phantom 3 User Manual. DJI Phantom 3 User Manual is attached hereto as Appendix A.

b. Flight Operations Of DJI Phantom 3 UAS Is Limited To The Line Of Sight Of A Certificated Pilot in Command With A Safety
Observer.

Currently as s ole member of GARRAVA, LLC JOHN L. JOHNSTON will be the only person to act as a pilot in command (PIC) of the DJI Phantom 3 UAS. Additionally, a minimum of one trained safety observer (SO) will assist him at all times during fligh t time.

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

1. In seeking this exemption, GARRAVA, LLC proposes to commercially operate DJI Phantom 3 UAS for the special purpose of conducting aerial video and p hotography 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 aircraft16 described in the operating documents, rotorcraft UAS weig hing less than 55 pounds maximum gross weight: DJI Phantom 3 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 conduct ing operations for the

purpose listed in the objectives section on page 3

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

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

5) The UAS must be operated within visual line of sight (VLOS) of the PIC at all times. This requires th e PIC to be able to use human vision unaided by any device other than corrective lenses, as specified on the PIC’s FAA

- issued airman medical certificate.

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

7) All operatio ns must utilize a safety observer (SO). The SO may be used to satisfy the VLOS requirement as long as the PIC always maintains VLOS capability. The SO and PIC must be able to communicate verbally at all times. Electronic messaging or texting is not permitt ed during flight operations. The PIC must be designated before the flight and cannot transfer his or her designation for the duration of the flight. The PIC must ensure that the SO can perform the functions prescribed in the operating documents.

8) The SO m ust 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 ex emption must be accessible during UAS operations and made available to the Administrator upon request. If a discrepancy exists between the conditions and limitations contained in the grant of exemption and the procedures outlined in the operating documents , the conditions and limitations contained in the grant of exemption take precedence and must be followed. Otherwise, the operator must follow the procedures as outlined in its operating documents. The operator may update or revise its operating documents. 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 o f exemption. If the operator determines that any update or revision would affect the basis upon which the FAA granted the exemption, then the operator must petition for amendment to its grant of exemption. The FAA’s UAS Integration Office (AFS

- 80) may be c ontacted if questions arise regarding updates or revisions to the operating documents.

10) Prior to each flight the PIC must inspect the UAS to ensure that it is in a condition for safe flight. If the inspection reveals a condition that affects the safe opera tion of the UAS, the aircraft is prohibited from operating until the necessary maintenance has been performed and the UAS is found to be in a condition for safe flight. The Ground Control Station must be included in the preflight inspection. All maintenanc e and alterations must be properly documented in the aircraft records.

11) Any UAS that has undergone maintenance or alterations that affect the UAS operation or flight characteristics, e.g. replacement of a flight critical component, must undergo a17 functiona l 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 of the operating documents.

13) The operator must follow the UAS manufacturer’s aircraft/component, maintenance, overhaul, replacement, inspection, and life limit requirements.

14) The operator must carry out its maintenance, inspections, and record keeping requirements, in accordance with the operating documents. Maintenance, inspection, alterations, and status of replacement/overhaul component parts must be noted in the aircraft records, including total time in service, description of work ac complished, and the signature of the authorized person returning the UAS to service.

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

16) The authorized person must make an entry in the aircraft record of the correct ive 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 t he 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 p ersons, vessels, vehicles and structures. PIC qualification flight hours must be logged in a manner consistent with 14 C.F.R. § 61.51(b).

19) Flights for the purposes of training the operator’s PICs are permitted under the terms of the exemption.

20) 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 wit h appropriate distance from nonparticipants in accordance with 14 C.F.R. § 91.119.

21) UAS operations may not be conducted during night, as defined in 14 C.F.R. § 1.1. All operations must be conducted under visual meteorological conditions (VMC). If flight a t 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.

22) The UA may not operate within 5 nautical miles of an airport reference poin t as denoted on
a current FAA

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

23) The UA may not be operated less than 500 feet below or less than 2,000 feet horizontally from a cloud or when visibility is less than 3 statute miles from the PIC.18 24) 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.

25) The PIC must abort the flight in the event of unpredicted obsta cles or emergencies in accordance with the operating documents.

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

27) The operator must obtain an Air Traffic Organization (ATO) issued Certificate of Waiver or Authorization (COA) prior to conducting any operations under the grant of exemption. This COA will also require the o perator 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 including class of airspace , altitude level and potential transponder requirements.

28) 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.

29) 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 appropr iate government oversight agency requirements.

30) T he documents required by parts 14 C.F.R. 91.9 and 91.203 must be available to the PIC at the Ground Control Station of the UAS any time the UAS is operating. These documents must be made available to the Ad ministrator or any law enforcement official upon request.

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

32) The UAS may not be operated by the PIC from any moving device or vehicle. 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 prote ct nonparticipating persons from the UA and/or debris in the event of an accident. The operator must ensure that nonparticipating persons remain under such protection. If a situation arises where nonparticipating persons leave such protection and are withi n 500 feet of the UA, flight 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 structures has granted permission and the PIC has made a safety as sessment of the risk of operating closer to those objects and determined that it does not present an undue hazard, and;

c. Operations nearer to the PIC, SO, operator trainees or essential persons do not present an undue hazard to those persons per § 91.119(a ).

33) All operations shall be conducted over private or controlled

- access property with permission from the land owner/controller or authorized representative. Permission from19 land owner/controller or authorized representative will be obtained for each fligh t to be conducted.

34) Any incident, accident, or flight operation that transgresses the lateral or vertical boundaries of the operational area as defined by the applicable COA must be reported to the FAA's UAS Integration Office (AFS

- 80) within 24 hours. Acc idents 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.

GARRAVA, LLC submits that the equivalent level of safety established by Section 61.113(a) and (b) will be maintained because no PIC will be allowed to operate the DJI Phantom 3 UAS unless that PIC has demonstrated, by meeting minimum flight

- hour and curren cy requirements, that the PIC is able to safely operate the DJI Phantom 3 UAS in a manner consistent with the exemption, including evasive and emergency maneuvers and maintaining appropriate distances from people, vessels, vehicles and structures.

Conside ring GARRAVA, 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 UAS, GARRAVA, LLC submits that the additional manned airmanship experience of a commercially certificated pilot would not correlate to the airmanship skills necessary for GARRAVA, LLC’s specific propose d 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).

GARRAVA, LLC will not allow any PIC to operate the DJI Phantom 3 UAS in an any capacity other than training unless that PIC has demonstrated, by meeting minimum flight

- ho ur requirements or the DJI Phantom 3 UAS training and currency requirements, that the PIC is able to safely operate the DJI Phantom 3 UAS in a manner consistent with this exemption, including evasive and emergency maneuvers and maintaining appropriate dist ances 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 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 applicable regulations will ensure an equivalent level of safety during GARRAVA, LLC’s proposed operations. The Administrator has held that prior
documented f light 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 the20 purpose of motion picture filming (or simil ar operations), the PIC must have accumulated and logged, in a manner consistent with 14 CFR 61.51(b), 25 hours of total time as a UAS rotorcraft pilot including at least 10 hours logged as a UAS pilot with a multi

- rotor UAS. Prior to operations under Exem ption 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 acc omplish 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
condu ct the petitioner’s proposed operations. The FAA also finds that prior documented flight experience that was obtained in compliance with applicable regulations would satisfy this requirement. Training, proficiency, and experience

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

- 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, GARRAVA, LLC will ensure safe operations by not allowing any PIC to operate the DJI Phantom 3 UAS unless that PIC has demonstrated, by meeting minimum flight

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

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

The equivalent level of safety established by Section 91.7(a) will be maintained because prior to every flight, GARRAVA, LLC will ensure that the DJI Phantom 3 UAS is in an airworthy condition based up on the UAS’s compliance with its operating documents and as stated in the
conditions and limitations herein.

Additionally, the FAA has previously granted relief from Section 91.7(a) specific to UAS, in circumstances similar, in all material respects, to t hose 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 Wo uld Not Adversely Affect Safety.

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

a ltitude information of the DJI Phantom 3 UAS will be provided to the PIC via GPS equipment21 and a radio communications telemetry d ata link, which downlinks from the UA to the GCS for active monitoring of the flight path and altitude. This altitude information, combined with GARRAVA, LLC’s operation of the DJI Phantom 3 UAS within vis ual line of sight, at or
below 4 00 feet AGL, will e nsure 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 UAS at ground level

. The FAA has previously granted relief from Section 91.121 specific to UAS, in circumstances similar, in all material respects, to those presented herein (e.g. Exemption Nos. 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11112, 11136, 11138, 11 150, 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 UAS; (2) the limitations on the proposed flight operations; and (3) the location of the proposed f light operations. Accordingly, GARRAVA, LLC will ensure that it will safely operate the battery powered DJI Phantom 3 UAS during daylight hours in VFR conditions, with enough battery power to fly for a total duration of 23 minutes.

Here, as in Exemption No. 11109, the technical specifications of the DJI Phantom 3 UAS; the limitations on the proposed flight operations; and the location of the proposed operations, will ensure an equivalent level of safety established by 14 C.F.R. Section 91.151(b). Furthermore, safety will be ensured as the DJI Phantom 3 UAS provide audible a nd 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, th e DJI Phantom 3 UAS will descend and land automatically through the return to home failsafe.

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 aircraft to operate at less than the minimums prescribed in Section 91.151, including Exemption Nos. 2689, 5745, and 10650. Moreover, the FAA has previously granted re lief 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, 110 66, 11067, 11080, 11109, 11110, 11136, 11138, 11150, 1115 3, 11156, 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 Not Adversely Affect Safety.

In seeking this exemption, GARRAVA, LLC su bmits 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 GARRAVA, LLC will use trained te chnicians to perform maintenance, alterations, or preventive maintenance on the UAS using the methods, techniques, and practices prescribed in the operating documents (i.e., GARRAVA, LLC Aerial Operations Manual, Monthly22 Maintenance Log, and DJI Phantom 3 Instruction Manual). Furthermore, GARRAVA, LLC
will document and maintain all maintenance records for the DJI Phantom 3 UAS.

Since the DJI Phantom 3 UAS will be inspected as prescribed by the operating documents, GARRAVA, 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 o f the DJI Phantom 3 User Manual are

atta ched hereto as Appendix A and a copy of the DJI Phantom 3 UAS Maintenance LOG is attached hereto as Appendix B

. Likewise, th e exemption sought will not adversely affect safety because GARRAVA, 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 document s.

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 of the DJI Phantom 3 UAS will be performed by trained technicians. Maintenance will be docum ented and maintained utilizing the monthly 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 GARRAVA, LLC’s proposed operating limitations, the operating documents, and the technical aspects of the DJI Phantom 3 UAS, GARRAVA, LLC submits
that sa fety 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 respe cts, to those presented herein (e.g. Exemption Nos. 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110, 11112, 11136, 11138, 11150, 11153, 11156, 11157, 11158, 11159, 11160, 11161).

7. The FAA May Prescribe Any Other Conditions For Safe Opera tion.

In accordance with Section 333 of the FAA Modernization and Reform Act of 2012 (FMRA) and 14 C.F.R. § 21.16 entitled Special Conditions, GARRAVA, LLC requests that the FAA prescribe special conditions for the intended operation of the DJI Phantom 3 UAS, which contain such safety standards that the Administrator finds necessary to establish a level of safety equivalent to that established by 14 C.F.R. Part 21, Subpart H, and 14 C.F.R §§ 61.113(a) & (b), 91.7 (a), 91.121, 91.151(b), 91.405(a), 91.407(a )(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b). Such special conditions will permit safe operation of the UAS for the limited purpose of conducting aerial video and photography over certain areas of the United States for compensation or hire. FMRA Sectio n 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 certi fication in accordance with any requirements that must be established for the safe operation of the UAS in the NAS.

Likewise, the Administrator may prescribe special conditions pursuant to 14 C.F.R. § 21.16, for operation of the DJI Phantom 3 UAS, since t he airworthiness regulations of 1423 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:

If the FAA finds tha t 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 prescri bes special conditions and amendments thereto for the product. The special conditions are issued in accordance with Part 11 of this chapter and contain such safety standards for the aircraft, aircraft engine or propeller as the FAA finds necessary to
estab lish 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 GARRAVA, LLC’s intended operation of the D JI Phantom 3 UAS, which contain such safety standards that the Administrator finds necessary to establish a level of safety equivalent to that established by 14 C.F.R. Part 21, Subpart H, and 14 C.F.R Sections 61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 9 1.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b).

Summary That Can Be Published In The Federal Register, stating: The Rules From Which GARRAVA, LLC Seeks Exemption:

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

A Brief Description Of The Nature Of The Exemption The GARRAVA, LLC Seeks:

This exemption will permit The GARRAVA, LLC to comm ercially operate an Unmanned Aircraft System (UAS) for the purpose of conducting aerial video and photography over certain areas of the United States.24 Any Additional Information, Views, Or Arguments Available To Support GARRAVA, LLC’s Request.

This Petit ion is made pursuant to the FAA Modernization 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, GARRAVA, 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 natio nal security; and further, provides the authority for such UAS to operate without airworthiness certification.

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

CONCLUSION

As set forth herein, GARRAVA, LLC seeks an exemption pursuant to 14 C.F.R. § 11.61 and Section 333 of the FAA Modernization and Reform Act of 2012 (FMRA), which will permit safe operation of the DJI Phantom 3 UAS commercially, without an airworthiness certificate, for the limited purpose of conducting aerial video and photography over certain areas of the United States. By granting this Petition, the FAA Administrator will be fulfilling the Congressional mandate of the FAA Modernization and Reform Act of 2012, while also advancing the interests of the public, by allowing GARRAVA, LLC to safely, efficiently, and economically operate the DJI Phantom 3 UAS commercially wi thin the NAS.25
WHEREFORE , in accordance with the Federal Aviation Regulations and the FAA Modernization and Reform Act of 2012, Section 333, GARRAVA, LLC respectfully requests that the Administrator grant this Petition for an 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), and permit GARRAVA, LLC to operate the DJI Phantom 3 UAS commercially for the purpose of conducting aerial video and p hotography over certain areas of the
United States.

Dated: July 29 , 2015

Respectfully submitted,

JOHN L. JOHNSTON GARRAVA, LLC 3652 Dunigan Court Catharpin, VA 20143
703.472.1711 trade@thejumpworks.com

Appendices :

A

– Link to DJI Phantom 3 Manual: Click on link below



### http://www.dji.com/product/phantom

- 3/download

B

– Attached Garrava, LLC Aircraft Inspection and Monthly Maintenance Log

C

– Attached Garrava, LLC Aircraft Preflight Inspect ion Log