1 August

, 28th 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: UNTETHERED PRODUCTIONS

REQUEST AN EXEMPTION FROM THE REQUIREMENTS OF TITLE 14 OF THE CODE
OF FEDERAL REGULATIONS SECTIONS 61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), AND 91.417(a) & (b) CONCERNING COMMERCIAL OPERATION OF DJI Phantom
3 UNMANNED AIRCRAFT SYSTEMS PURSUANT TO SECTION 333 OF THE FAA MODERNIZATION AND REFORM ACT OF 2012 (PUBLIC LAW 112

- 95)

Todd Handel

Co

- Founder
Untethered Productions

3016 Selma Ln. Dallas, Texas 75234
9 72

- 971

- 1904 todd@earthcure.org2 **TABLE OF CONTENTS**

Page

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

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

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

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

. 5

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

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

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

THE SPECIFIC SECTIONS OF 14 C.F.R. FROM WHICH UNTETHERED PROD UCTIONS

SEEKS EX EMPTION............

............................ ........................................... ... ............... ....... 7

THE EXTENT OF RELIEF UNTETHERED PROD UCTIONS SEEKS AND THE REASON

UNTETHERED PROD UCTIONS SEEKS THE

R ELIEF...................

................... ......... ....... . . . .. .. . 1 0

THE REASONS WHY GRANTING UNTETHERED PROD UCTIONS ’S REQUEST WOULD

BE IN THE PUBLIC INTEREST ...................................

............ .................. .......................... .1 2

THE REASONS WHY GRANTING THE EXEMPTION TO UNTETHERED PROD UCTIONS

WOULD N OT ADVE RSELY AFFECT SAFETY..........................................

................ .... 1 4

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

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

ANY ADDITIONAL INFORMATION, VIEWS, OR ARGUMENTS A VAILABLE TO

SUPPORT UNTETHERED PROD UCTIONS ’S R EQUEST...

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

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

. ........ 2 5

APPENDICES...............................................................

. ......................... 263 GLOSSARY OF A BBREVIATIONS

AGL Above Ground Level

AOI Area of Interest

ATC Air Traffic Control

ATO Air Traffic Organization

AV Aerial Vehicle

CFR Code of Federal Regulations

COA Certificate of Authorization

FAA Federal Aviation Administration

FAR Federal Aviation Regulation

GCS Ground Control Station

GPS Global Positioning System

LOL Loss of Link

NAS National Airspace System

NOTAM Notice to Airman

PIC Pilot In Command
Section 333 FAA Modernizatio n and Reform Act of 2012 (F MRA)

SO Safety Observer

SOP Standard Operating Procedures

UA Unmanned Aircraft

UAS Unmanned Aircraft System

VFR Visual Flight Rules

VLOS Visual Line of Site

VMC Visual Meteorological Conditions

VTOL Vertical Takeoff and Landing4 **SUMMARY**

Untethered Productions hereafter referred to as UNTETHERED PRODUCTIONS 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), t o operate an Unmanned Aircraft System ( DJI Phantom 3 ) pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (FMRA). This exemption will permit UNTETHERED PRODUCTIONS to operate an Unmanned Aircraft System (UAS) for the commercial purpose of conducting aerial video and photography of construction sites, residential and commercial real estate, civil landscape s and

events over certain areas of the United States ( mainly in California & Texas )

**INTRODUCTION AND INTERESTS OF THE PETITIONER**

UNTETH ERED PRODUCTIONS has worked for many years in the field of architectural photography and film making/television production as well as professional Radio

- Controlled Vehicle Operation ( among our staff is a National Champion, and ranked among the top 20 in th e W

orld in Radio Controlled Auto Racing ) . It s staff consists of commercial/architectural/magazine photographers ( over 50 years experience ), film/TV directors/producers ( over 20 years experience ), and a Professional Radio Controlled Vehicle Pilot, assisting clients ( which include private sector businesses and non

- profits, along with local state and federal agencies ) with expertise and knowledge in video and multi media marketing

, advertising

, film making, public relations and training using advanced technolog ies and solutions. UNTETHERED
PRODUCTIONS founders have worked on thousands of productions over the past 20 years in all
type s of location s with a perfect client and employee safety record

. In the pas t aerial photography of real estate and architectural p rojects was prohibitively expensive, requiring the use of aircraft (helicopters). The objective of UNTETHERED PRODUCTIONS and our Unmanned Aircraft System ( DJI Phantom 3 Professional ) aerial operations is to provide a more affordable

, high

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

• Construction sites before and after

• Appraisals

• Real

- estate marketing

• Economic development

• Civic landmarks

• Special event coverage

• Private and governmen tal training

My team has safely flown small R / C electric quadcopters as well as other R/C vehicles recreationally and professionally for more than 20 years without incident , property damage, or danger to civilians in any way

.5 **BACKGROUND**

Unmanned Aircra ft Systems: DJI Phantom 3

, UAS

UNTETHERED PRODUCTIONS seeks an exemption to operate DJI Phantom 3 system for compensation or hire within the NAS. The DJI Phantom 3 is vertical takeoff and landing (VTOL) Unmanned Aircraft (UA) with a Ground Control Station (GCS) utilizing electronic tablet or smart phone systems. The DJI Phantom 3 Professional has a maximum gross weight of approximately 2.8 lb. while having a diagonal dimension of 23.2” , a maximum speed of approximately 16.4’fps and a maximum flying height o f 400' ( although we have the devices physically limited to stay below 390’ )

. The DJI Phantom 3 is equipped with four main rotors; driven by Lithium Polymer battery ( 4480mAh

– 68Wh

– 15.2 V ) powered electric motors.

The DJI Phantom 3 that will be operated b y UNTETHERED PRODUCTIONS 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, UNTETHERED PRODUCTIONS , pursuant 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 , h ereby petitions the Administrator to commercially operate the DJI Phantom 3

, UAS in the National Airspace System (NAS), and for an exemption from the requirements of 14 C.F.R §§ 61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a )(1) & (a)(2), and 91.417(a) & (b).

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

Accordingly, UNTETHERED PROD UCTIONS requests relief from Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b), as the se sections set forth requirements for maintenance that only apply to aircraft with an airworthiness certificate.

UNTETHERED PRODUCTIONS submits that the requested relief is proper since an equivalent level of safety will be ensured. UNTETHERED PRODUCTION S will use experienced personnel or technicians to perform maintenance, alterations, or preventive maintenance on the UAS using the methods, techniques, and practices prescribed in the operating documents (i.e., Monthly Maintenance Log, and DJI Phantom 3 I nstruction Manual). Furthermore, UNTETHERED

PRODUCTIONS 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 i n command , is requested by UNTETHERED PRODUCTIONS to the6 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 consistent with this exemption, including evasive and emergency maneuvers and maintaining appropriate distances from people, vessels, vehicles and struct ures.

UNTETHERED PRODUCTIONS seeks relief from Section 91.7(a), entitled Civil aircraft

airworthiness

, because the DJI Phantom 3 UAS do not require an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H. As such, UNTETHERED PRODUCTIO NS submits that they will ensure that the DJI Pha ntom 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.

UNTETHERED PRODUCTIONS also seeks an exemption from the requirements of Section 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 radio communications telemetry data link, which downlinks from the UA to the GCS for active monitoring of the flight path . This altitude information, combined with UNTETHERED PRODUCTIONS ’s operation of the DJI
Phantom 3 UAS within visual line of sight, at or below 4 00 feet AGL, will ensure a level of safety equivalent to Section 91.121.

Additionally, UNTETHERED PRODUCTIONS seeks an exemption from the requirements of Section 91.151(b), entitled Fuel requirements for flight in VFR conditions

. UNTETHERED

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

UAS during daylight hours in visual me teorological conditions (VMC) under visual flight rules (VFR), with enough battery power to fly for a total duration of approximately 23 minutes

. Battery power indicators are also able to show exactly how much battery power is left, as well as
how much ti me is needed to return safely back to point of take off.

In accordance with 14 C.F.R. § 11.81, UNTETHERED PROD UCTIONS 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:

Todd Handel

Co

- Founder
Untethered Productions

3016 Selma Ln. Dallas, Texas 75234
9 72

- 971

- 1904 todd@earthcure.org7 **B. The Speci fic Sections Of 14 C.F.R. From W**  **hich** UNTETHERED PRODUCTIONS
**Seeks Ex emption.** 

**1.** UNTETHERED PRODUCTIONS **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 priv ate 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 compensa tion or hire.

**2.** UNTETHERED PRODUCTIONS **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 ai rworthy condition.

**3.** UNTETHERED PRODUCTIONS **Seeks Exemption From The Requirements Of Section**

**91.121.**

Section 91.121, entitled Altimeter settings , subsection (a), states the following, in part:

(a) Each person operating an aircraft shall maintain the cr uising 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 nautic al 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 appropriate available station; or

(iii) In the case of an aircraft not equipped with a r adio, the elevation of the departure airport or an appropriate altimeter setting available before departure.8 **4.** UNTETHERED PRODUCTIONS **Seeks Exemption From The Requirements Of Section 91.151(b).** 

Section 91.151, entitled Fuel requirements for flight in V FR conditions , subsection

(b), states the following:

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

**5.** UNTETHERED PRODUCTIONS **Seeks Exemption From The Requirement Of Section 91.405(a).** 

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

owner or operator of an aircraft

—
(a) Shall have that aircraft inspected as 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 o f this chapter[.]

**6.** UNTETHERED PRODUCTIONS **Seeks Exemption From The Requirements Of** Section 91.407(a)(1)

Section 91.407, entitled Operation after maintenance, preventive maintenance, rebuilding, or alteration

, subsection (a)(1), states the following:

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

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

**7.** UNTETHERED PRODUCTIO NS **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 unle ss, within the preceding 12 calendar months, it has had

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

(2) An inspection for the issu ance of an airworthiness certificate in accordance with part 21 of this chapter.9 **8.** UNTETHERED PRODUCTIONS **Seeks Exemption From The Requirements Of Sections 91.417(a) And 91.417(b).** 

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

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

(1) Records of the maintenance, pre ventive 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, rotor, and appliance of an aircraft. Th e records must include

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

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

(iii) The signature, and certificate number of the person approving the a ircraft
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, propelle r, 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 inspec tion 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
di rective number and revision date. If the AD or safety directive involves recurring action, the time and date when the next action is required.

(vi) Copies of the forms prescribed by § 43.9(d) of this chapter for each major alteration to the airframe and c urrently installed engines, rotors, propellers, and appliances.10 (b) The owner or operator shall retain the following records for the periods prescribed:

(1) The records specified in paragraph (a)(1) of this section shall be retained until
the work is r epeated 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 furni shed 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** UNTETHERED PRODUCTIONS **Seeks And The Reason**

UNTETHERED PROD UCTIONS **Seeks The Relief.**

**1. Extent Of Relief** UNTETHERED PRODUCTIONS **Seeks And The Reason**

UNTETHERED PRODUCTIONS **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 propo sed 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 o r 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, UNTETHERED PRODUCTIONS 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 manne r 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, UNTETHERED PRODUCTIONS submits t hat all flights of the DJI Phantom 3 UAS

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

UNTETHERED PRODUCTIONS ’s business; and (2) will not carry passengers or property for compensation or hire.11 **2. Extent Of Relie f**  UNTETHERED PRODUCTIONS **Seeks And The Reason**

UNTETHERED PROD UCTIONS **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 UNTETHERED PRODUCTIONS 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., UNTETHERED PRODUCTIONS Aerial Operations Manual, Monthly Maintenance Log, and DJI Phantom 3 Instruction Ma nual).

UNTETHERED PRODUCTIONS 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, Subpart H. Therefore, UNTETHERED PRODUCTIONS will ensure that the DJI Phantom 3 UAS ar e 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 the aircraft are in condition for safe flight, as stated in the conditions and limitations below.

**3. Extent Of Relief** UNTETHERED PRODUCTIONS **Seeks And The Reason**

UNTETHERED PROD UCTIONS **Seeks Relief From Section 91.121.**

Relief from Section 91.121, entitled Altimeter settings , may be required to allow flight operations of the DJI Phantom 3 UAS, which utilize a barometric pressure sensor, GPS equipment, and a radio communications telemetry data link to downlink altitude information from the UA to the PIC at the ground control station (GCS). Since the FAA requires that any
altitude information concerning UAS operations be reported to air traffic control (ATC) in feet above ground level (AGL), UNTETHERED PRODUCTIONS seeks the requested relief because
the DJI Phantom 3 UA’s altimeter may be set on the ground to zero feet AGL, rather th an 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 the applicable conditions and limitations state d 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 Relief** UNTETHERED PRODUCTIONS **Seeks And The Reason**

UNTETHERED PRODUCTIONS **Seeks Relief From Section 91.151(b).**

R elief 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 conditions (VMC), under visua l flight rules (VFR), for a total duration of 23 minutes. UNTETHERED PRODUCTIONS seeks the requested relief because without an exemption from Section 91.151(b), the flight time duration of the12 battery powered DJI Phantom 3 UAS will severely constrain the p racticality of any aerial video or still photo flight operations that UNTETHERED PRODUCTIONS proposes to conduct pursuant to this Petition.

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

.

**5. Extent Of Relief** UNTETHERED PRODUCTIONS **Seeks And The Reason**

UNTETHERED PRODUCTIONS **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, UNTETHERED PRODUCTIONS requests relief from
these Sections because the DJI Phantom 3 UAS do not require air worthiness 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, UNTETHERED PRODUCTIONS will use trained technicians to perform maintenanc e, alterations, or preventive maintenance on
the UAS using the methods, techniques, and practices prescribed in the UAS operating documents (i.e., UNTETHERED PRODUCTIONS Aerial Operations Manual, Monthly Maintenance Log, and DJI Phantom 3 Instruction M anual). Furthermore, UNTETHERED

PRODUCTIONS will document and maintain all maintenance records for the DJI Phantom 3

UAS

.

**D. The Reasons Why Granting** UNTETHERED PRODUCTIONS **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 allowing UNTETHERED

PRODUCTIONS to safely, efficiently, and economically perform aerial video and photography of construction sites, real estate, events and civic landscape ove r certain areas of the United

States.

Additionally, use of the DJI Phantom 3 UAS will decrease congestion of the NAS, reduce pollution, and provide significant benefits to the economy. Notably, the benefits of

UNTETHERED PRODUCTIONS ’s proposed operation o f the DJI Phantom 3 UAS will be realized without implicating any privacy issues.13 **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 th e manned aircraft traditionally utilized to obtain aerial imagery. By reducing the amount of manned aircraft needed to perform aerial acquisitions, an exemption allowing the use
of a DJI Phantom 3 UAS would reduce the amount of manned aircraft in the NAS, reduce noise and air pollution, as well as increase the safety of life and property in the air and on the ground.

Furthermore, by reducing the number of manned aircraft operating in the NAS, congestion around airports caused by arriving and departing airc raft 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 d uring 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 aircr aft, will greatly benefit the public by drastically reducing the levels of air and noise pollution generated during traditional aerial video and still photography flight operations. By using battery power and electric motors, the DJI Phantom 3 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, as the UAS are propelled by battery powered electric motors, rather than an internal combustion engine.

By us ing 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 el iminated. Aside from the lack of flight crew members located onboard the aircraft, the DJI Phantom 3 UAS (weighing approximately 2 .8 pounds at their maximum gross weight with diagonal dimension of 23.2
inches , and with no fuel on board), has less physical potential for collateral damage to life and property on the ground, and in the air, compared to the manned aircraft that typically conduct similar operations (weighing approximately 6,000 pounds with a wingspan of 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 m anned aircraft to conduct similar aerial operations. As such, operation of
the DJI Phantom 3 UAS will allow United States based companies, like UNTETHERED

PRODUCTIONS , to remain competitive and contribute to growth of the U.S. economy. Specifically, with t he rising cost of aviation fuel and the Environmental Protection Agency14 (“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 such technology that not only allows companies greater operational flexibility compared to manned aircraft, but provides such flexibility without the high operational cost of a traditional manned aircraft.

By opera ting the DJI Phantom 3 UAS, companies such as UNTETHERED PRODUCTIONS

, 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 develop ment 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,

UNTETHERED PRODUCTIONS ’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., UNTETHERED PRODUCTIONS Aerial Operations Manual, Monthly Maintenance Log, and DJI Phantom 3 In struction 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 Grant ing 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**  UNTETHERED PRODUCTIONS **Seeks Exemption.**

**1. Reasons Why The** DJI Phantom 3 UA S **Meet The Conditio ns Of The FAA**  **Modernization and Reform Act of 2012 (FMRA) Section 333.**

In consideration of the size, weight, speed, and limited operating area associated with the unmanned aircraft and its operation, UNTETHERED PRODUCTIONS ’s operation of the DJI
Phantom 3 UAS meet the conditions of FMRA Section 333, and will not require an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H.

Section 333 provides authority for a UAS to operate without airworthiness certification and sets forth require ments for considering whether a UAS will create a hazard to users of the NAS or the public, or otherwise pose a threat to national security. Specifically, FMRA Section 333 states the following, in part:

(a) In General.

-- Notwithstanding any other requireme nt of this subtitle, and not later than 180 days after the date of enactment of this Act, the Secretary of Transportation shall determine if certain unmanned aircraft systems may operate safely in the15 national airspace system before completion of the plan and rulemaking required by section 332 of this Act or the guidance required by section 334 of this Act.

(b) Assessment of Unmanned Aircraft Systems.

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

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

(2) whether a certificate of waiver, certificate of authorization, or airworthiness certification under section 44704 of title 49, United States Code, is required for the operation of unmanned a ircraft systems identified under paragraph (1).

(c) Requirements for Safe Operation.

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

In seeking this exemption, UNTETHERED PRODUCTIONS submits that the DJI Phantom 3

UAS can operate safely in the NAS pursuant to FMRA Section 333, as demonstrated b y: (a) the
characteristics of the DJI Phantom 3 UAS ; (b) the pilot certification requirement; and (c) the specific operating limitations.

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

The DJI Phantom 3 UAS do es not c reate a hazard to users of the NAS or the public, or otherwise pose a threat to national security considering its size, weight, speed, and operational capability.

**i. Technical Specifications Of The** DJI Phantom 3 **UAS**

**.** The technical specifications of the D JI Phantom 3 UAS are set forth by the DJI Phantom 3 Use r Manual , att ached 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 m anual and global 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 att ached 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 do es not reacquire control link data16 from the GCS, the 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 t he Failsaf e Functions of the DJI Phantom 3 UAS are set 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 software is provided at pages 23 through 29 of the DJI Phantom 3 User Manual. DJI
Phantom 3 User Manual is att ached 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.** 

UNTETHERED PRODUCTIONS video production staff will be the only person s to act as a pilot in command (PIC) of the DJI Phantom 3 UAS . Additionally, a safety observer will assist

him at all times du ring flight time.

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

**Limitations.**

In seeking this exemption, UNTETHERED PRODUCTIONS proposes to commercially operate
DJI Phantom 3 UAS for the special purpose of conducting aer ial 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, rot orcraft UAS weighing 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 b e limited to conducting operations for the purpose of aerial video and photography.

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

4. The UA must be operated at an altitude of no more than 4 00 feet above ground level (AGL), as indicated by the procedures specified in the operating documents unless a special request is made and approved by ATC. All altitudes reported to ATC must be
in feet AGL.

5. The 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 other than corrective lenses, as specified on the PIC’s FAA

- issued airman medical
certificate.17 6. The use of first person view (FPV) by the PIC or safety observer (SO) is no t 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 messag ing or texting is not permitted during flight operations. The PIC must be designated before the flight and cannot transfer his or her designation for the duration of the flight. The PIC must ensure that the SO can perform the functions prescribed in the op erating
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 opera ting documents and the grant of exemption must be accessible during UAS operations and made available to the Administrator upon request. If a discrepancy exists between the conditions and limitations contained in the grant of exemption and the procedures o utlined 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 ext ension or amendment to the grant of exemption. If the operator determines that any update or revision would affect the basis upon which the FAA granted the exemption, then the operator must petition for amendment to its grant of exemption. The FAA’s UAS In tegration Office (AFS

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

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

11. Any UAS that has undergone maintenance or alterations that affect the UAS operation or flight characteristics, e.g. replacement of a flight cr itical 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, it ems, or equipment, not already covered in the relevant sections of the operating documents.18 13. The operator must follow the UAS manufacturer’s aircraft/component, maintenance, overhaul, replacement, inspection, and life limit requirements.

14. The opera tor 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, in cluding total time in service, description of work accomplished, and the signature of the authorized person returning the UAS to service.

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

16. The authorized pe rson 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 evasiv e 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 operato r’s PICs are permitted under the terms of the exemption. However, training operations may only be conducted during dedicated training sessions. During training, proficiency, and experience

- building flights, all persons not essential for flight operations a re 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 b e conducted under visual meteorological conditions (VMC). If flight at night is required, a special request will be made at the FAA office closest to proposed area of operations. Flights under special visual flight rules (SVFR) are not
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 NOTAM as required by the operator’s COA. The letter of agreement with the airport management must be made available to the Administrator
upon request.

21. The UA may not be operated less than 500 feet below or less than 2,000 feet horizontally from a clou d or when visibility is less than 3 statute miles from the PIC.19 22. If the UA loses communications or loses its GPS signal, it must return to a pre

determined location within the planned operating area and land or be recovered in accordance with the oper ating documents.

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

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

25. The operator must obtain an Air Traffic Organization (ATO) issued Certificate of Waiver or Authorization (COA) prio r to conducting any operations under the grant of exemption. This COA will also require the operator to request a Notice to Airman (NOTAM) not more than 72 hours in advance, but not less than 48 hours prior to the operation. All operations shall be conduct ed 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, registere d 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 operati on 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 of the UAS any time the UAS is operating. These documents must be made available to the Administrator or any law enforcement official upon request.

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

30. The UAS may not be operated by the PIC from any moving device or vehicle.

31. Flight operations must be conducted at least 500 feet from all nonparticipating persons (persons other than the PIC, SO, operator trainees or es sential 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 of an accident. The operator must ensure that nonparticipating pers ons remain under such protection. If a situation arises where nonparticipating persons leave such protection and are within 500 feet of the UA, flight operations must cease immediately and/or;20 b. The aircraft is operated near vessels, vehicles or structur es where the owner/controller of such vessels, vehicles or structures has granted permission and the PIC has made a safety assessment of the risk of operating closer to those objects and determined that it does not present an undue hazard, and;

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

32. All operations shall be conducted over private or controlled

- access property with permission from the land owner/control ler or authorized representative. Permission from land owner/controller or authorized representative will be obtained for each flight to be conducted.

33. Any incident, accident, or flight operation that transgresses the lateral or vertical

boundaries of the operational area as defined by the applicable COA must be reported to the FAA's UAS Integration Office (AFS

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

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

UNTETHERED PRODUCTIONS submits that the equivalent level of safety established by Section 61.113(a) and (b) will be mainta ined because no PIC will be allowed 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 ex emption, including evasive and emergency maneuvers and maintaining appropriate distances from people, vessels, vehicles and structures.

Considering UNTETHERED PRODUCTIONS ’s proposed area of operations, and the operating
limitations set forth

- above; the pa rallel 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, UNTETHERED

PRODUCTIONS submits that the add itional manned airmanship experience of a commercially certificated pilot would not correlate to the airmanship skills necessary for UNTETHERED

PRODUCTIONS ’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 ).

UNTETHERED PRODUCTIONS will not allow any PIC to operate the DJI Phantom 3 UAS unless that PIC has demonstrated, by meeting minimum flight

- hour requirements or the DJI
Phantom 3 UAS training and currency requirements, that the PIC is able to safely ope rate the DJI21 Phantom 3 UAS in a manner consistent with this exemption, including evasive and emergency maneuvers and maintaining appropriate distances from people, vessels, vehicles and structures.

Specifically, the PIC must have accumulated and logged, i n 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 re gulations will ensure an equivalent level of safety during UNTETHERED PRODUCTIONS ’s proposed operations. The Administrator has held that prior documented flight experience that was obtained in compliance with applicable regulations would ensure safe operat ions, 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. Prior to operations under Exemption No. 11062, the PIC must also have accumulated and logged a minimum of 5 hours as a UAS pilot op erating 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 hour s 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 also finds that prior documented flight experience t hat 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, pr oficiency, 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, UNTETHERED PRODUCTIONS will ensure safe operations by not allowi ng 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 evasiv e and emergency maneuvers and maintaining appropriate distances from people, vessels, vehicles and structures.22 **3. Reasons Why An Exemption From The Requirements Of Section 91.7(a) Would Not Adversely Affect Safety.** 

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

Additionally, the FAA has previously granted relief from Section 91.7(a) specific to UAS, in circumstances similar, in all material respects, to those presented herein (e.g. Exemption Nos. 11062, 11063, 11064, 11065, 11066, 11067 , 11080, 11109, 11110, 11112, 11136, 11138, 11150, 11153, 11156, 11157, 11158, 11159, 11160, 11161).

**4. Reasons Why An Exemption From The Requirements Of Section 91.121 Would Not Adversely Affect Safety.** 

The equivalent level of safety established by Sect ion 91.121 will be maintained because the
altitude information of the DJI Phantom 3 UAS will be provided to the PIC via GPS equipment and a radio communications telemetry data link, which downlinks from the UA to the GCS for active monitoring of the flight path and altitude. This altitude information, combined with

UNTETHERED PRODUCTIONS ’s operation of the DJI Phantom 3 UAS within visual line of sight, at or below 500 feet AGL, will ensure a level of safety equivalent to Section 91.121. The

altitude inf ormation 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, 11150, 11153, 11156, 11157, 11158, 11159, 11160, 11161).

**5. Reasons Wh y 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 flight operations. Accordingly, UNTETHERED PRODUCTIONS will ensure that it will safely operate the battery powered DJI Phantom 3 UAS during d aylight hours in VFR conditions, with enough battery power to fly for a total duration of 23 minutes.23 Here, as in Exemption No. 11109, the technical specifications of the DJI Phantom 3 UAS ; the limitations on the proposed flight operations; and the locati on 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 and visual warnings to the PIC
at the GCS when the UAS experie nces low battery voltage, the first warning occurring at approximately 33% remaining battery power, and again at approximately 10% remaining battery power. At the critically low battery level, the DJI Phantom 3 UAS will descend and land automatically.

Sig nificantly, 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 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, 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, UNTETHERED PRODUCTIONS 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

UNTETHERED PRODUCTIONS will use trained technicians to perform maintenance, alterations, or preventive maintenance on t he UAS using the methods, techniques, and practices prescribed in the operating documents (i.e., UNTETHERED PRODUCTIONS Aerial Operations Manual, Monthly Maintenance Log, and DJI Phantom 3 Instruction Manual). Furthermore,

UNTETHERED PRODUCTIONS will docum ent 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,

UNTETHERED PRODUCTIONS 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 DJI Phantom 3 User Manuals are attached hereto as Appendix A and B; a copy of the DJI Phantom 3 UAS Maintenance LOG is attached hereto as Appendix C.

Likewise, the exemption sought will not adversely affec t safety because UNTETHERED

PRODUCTIONS 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.24 Furthermore, the exemption so ught 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 documented and maintained utilizing th e 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 UNTETHERED PRODUCTIONS ’s proposed operating limitations, the operating documents, and the technical aspects of the DJI Phantom 3 UAS

, UNTETHERED

PRODUCTIONS 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, 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 Operation.**

In accor dance with Section 333 of the FAA Modernization and Reform Act of 2012 (FMRA) and 14 C.F.R. § 21.16 entitled Special Conditions

, UNTETHERED PRODUCTIONS 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 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
certificat ion in accordance with any requirements that must be established for the safe operation
of the UAS in the NAS.

Likewise, the Administrator may prescribe special conditions pursuant to 14 C.F.R. § 21.16, for operation of the DJI Phantom 3 UAS , since the ai rworthiness 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:

If the 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 sp ecial conditions and amendments thereto for the product. The special conditions are issued in accordance with Part 11 of this chapter and contain such safety25 standards for the aircraft, aircraft engine or propeller as the FAA finds necessary to
establish a level of safety equivalent to that established in the regulations.

See 14 C.F.R. § 21.16.

Therefore, in accordance with FMRA Section 333 and 14 C.F.R. § 21.16, the FAA may prescribe special conditions for Leading Edge’s intended operation of the DJI Phan tom 3 UAS

, which contain such safety standards that the Administrator finds necessary to establish a level of safety equivalent to that established by 14 C.F.R. Part 21, Subpart H, and 14 C.F.R Sections 61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a ), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b).

**• A Summary That Can Be Published In The Federal Register, stating: The** 

**Rules From Which** UNTETHERED PRODUCTIONS **Seeks Exemption:**

UNTETHERED PROD UCTIONS 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** UNTETHERED PRODUCTIONS
**Seeks:**

This exemption will permit UNTETHERED PROD UCTIONS to commercially operate an Unmanned Aircraft System (UAS) for the purpose of conducting aerial video and photography over certain areas of the United States.

**• Any Additional Information, Views, Or Arguments Available To Support** 

UNTETHERED PRODUC TIONS **’s Request.** 

This Petition 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, UNTETHERED PRODUCTIONS ’ 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 publ ic, 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, UNTETHERED PRODUCTIONS 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**26 As set forth herein, UNTETHERED PRODUCTIONS seeks an exemption pursuant to 14 C.F.R. § 11.61 and Section 333 of the FAA Modernizati on 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 g ranting 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 UNTETHERED PRODUCTIONS to safely, efficiently, and econ omically operate the DJI Phantom 3 UAS commercially within the NAS.

**WHEREFORE** , in accordance with the Federal Aviation Regulations and the FAA Modernization and Reform Act of 2012, Section 333, UNTETHERED PRODUCTIONS respectfully requests that the Adminis trator 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 Leading Edge to operate the
DJI Phantom 3 UA S commercially for the purpose of conducting aerial video and photography
over certain areas of the United States.

Dated: August 28th , 2015

Respectfully submitted,

Todd Handel

Co

- Founder
Untethered Productions

3016 Selma Ln. Dallas, Texas 75234
9 72

- 971

- 1904 todd@earthcure.org

Appendices :

A

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

http://download.dji

innovations.com /downloads/phantom_3/en/Phantom_3_Professional_User_Manual_v1.2_en.pdf