UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

FEDERAL AVIATION ADMINISTRATION WASHINGTON, DC

Regulatory Docket No. _______________

IN THE MATTER OF THE PETITION FOR EXEMPTION OF:

Windermere Drone , LLC

FOR AN EXEMPTION SEEKING RELIEF FROM THE REQUIREMENTS OF TITLE 14 OF

THE CODE OF FEDERAL REGULATIONS SECTIONS 61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), AND 91.417(a) & (b) CONCERNING

COMMERCIAL OPERATION O F A DJI INSPIRE 1 & DJI Phantom 3 UNMANNED

AIRCRAFT SYSTEMS PURSUANT TO SECTION 333 OF THE FAA MODERNIZATION

AND REFORM ACT OF 2012 (PUBLIC LAW 112

- 95)

Submitted on January 1 , 2016

Jeremy Mammen

Windermere Drone

, LLC

11531 Wakeworth St Orlando, FL 32836

(407) 790

- 6477 Email: jeremycmammen@gmail.com2 TABLE OF CONTENTS Page

GLOSSA RY OF ABBREVIATIONS...

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

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

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

INTRODUCTION AND INTERESTS OF PETITIONER

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

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

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

BASIS FOR PETITI ON.....

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

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

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

THE SPECIFIC SECTIONS OF 14 C.F.R. FROM WHICH WINDERMERE

DRONE , LLC SEEKS EXEMPTION.......

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

THE EXTENT OF RELIEF WINDERMERE DRONE, LLC SEEKS AND THE

REASON WINDERMERE DRONE, LLC SEEKS THE RELIEF

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

THE REASONS WHY GRANTING WINDERMERE DRONE, LLC REQUEST

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

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

THE REASONS WHY GRANTING THE EXEMPTION WOULD NOT

ADVERSELY AFFECT SAFETY...................................................

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

SUMMARY THAT CAN BE PUBLISHED IN THE FEDERAL REGISTER

...................... 26

ANY ADDITIONAL INFORMATION, VIEWS, OR ARGUMENTS

AVAILABLE TO SUPPORT WINDERMERE DRONE LLC's REQUEST

......................... 26

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

.................................................... ... ........... 27

APPENDICES

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

AGL Above Ground Level

AOI Area of Interest

ATC Air Traffic Control

ATO Air Traffic Organization

AV Aerial Vehicle

CFR Code of Federal Regulations

COA Certificate of Authorization

DJI UAV manufacturer

FAA Federal Aviation Administration

FAR Federal Aviation Regulation

FPV First Person View

ESC Electronic speed control

GCS Ground Control Station

GPS Global Positioning System

LI

- PO Lithium Polymer battery

LOL Loss of Link

NAS National Airspace System

NOTAM Notice to Airman

PIC Pilot In Command

RCV Radio Controlled vehicle

Section 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 Conditions

VTOL Vertical Takeoff and Landing4 SUMMARY

WINDERMERE DRONE, LLC seeks exemption from the requirements of 14 C.F.R §§ 61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b), to operate an Unmanned Aircraft System pursuant to Section 333 of the FAA

Modernization and Re form Act of 2012 (FMRA). This exemption will permit WINDERMERE DRONE, LLC to operate an Unmanned Aircraft System (UAS) for the commercial purpose of conducting aerial video and photography high

- quality aerial photography and videography of special events, sporting events, resorts and hotels, tourism destinations, weddings, landscapes, real estate listings, residential and commercial building sites, civic landmarks, film making, economic development, golf courses, UAS operator training and other bui lding or structural inspections over cer tain areas of the United States and i ncrease public knowledge of UAS and promote safe UAS operations

.

INTRODUCTION AND INTERESTS OF THE PETITIONER

My name is Jeremy Mammen, owner and president of WINDERMERE DRONE, LLC . I

have more than 15 years of aviation experience a nd a strong background in aviation safety. I’m currently a licensed commercial pilot with knowledge of all FAA regulations. I have flight experience as PIC of numerous aircraft , including Cessna Skyhawk, Cirrus SR20, Piper Arrow and the Piper Seminole

.

The objective of WINDERMERE DRONE, LLC is to provide high

- quality aerial photography and videography of special events, sporting events, resorts and hotels, tourism destinations, weddings, landscapes, real estate listings, residential and commercial building sites, civic landmarks, film making, economic development, golf courses, UAS operator training and other building or structural inspections. WINDERMERE DRONE, LLC will also provide knowledge of UAS and promote safe UAS operations.5 BACKGROUND

Unmanned A ircraft Systems: DJI Phantom 3 and DJI Inspire 1 UASs WINDERMERE DRONE, LLC seeks an exemption to operate DJI systems for compensation

or hire within the National Airspace System (NAS) . The DJI Phantom 3 and DJI Inspire 1 are vertical takeoff and landing (VTOL) Unmanned Aircraft (UA) with a Ground Control Station (GCS) utilizing electronic tablet or smart phone systems. The DJI Phantom 3 has a maximum gross weight of approximately 2 pou nds 14 ounces, while having a length of 16 inches width of 16 inches, height of 8 inches, and a maximum speed of approximately 29 knots. The DJI Inspire 1 has a maximum gross weight of 6 pounds 7.5 ounces, a length of 17.3 inches, width of 17.7 inches, hei ght of 11.8 inches, and a maximum speed of approximately 42 knots. The DJI Phantom 3 and DJI Inspire 1UAs are equipped with four main rotors; driven by Lithium Polymer battery powered electric motors.

The DJI Phantom 3 and DJI Inspire 1 UAs that will be operated by WINDERMERE DRONE, LLC will be registered in accordance with 49 U.S.C. 44103, Registration of Aircraft, as well as 14 C.F.R Part 47, Aircraft Registration, and marked in accordance with 14 C.F.R. Part 45, Identification and Registration Markings

.

BASIS FOR PETITION

Petitioner, WINDERMERE DRONE, LLC , 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 , hereby petitions the Administrator to commercially operate the DJI Phantom 3, DJI Inspire 1 UASs in the National Airspace System (NAS), and for an exemption from the requirements of 14 C.F.R §§ 61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a ), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b).

In consideration of the speed, weight, size, and limited operating area associated with the unmanned aircraft and its operation, WINDERMERE DRONE, LLC operation of DJI Phantom 3 and DJI Inspire 1 UASs meets the conditions of FMRA Section 333 and therefore, will not require an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H.

Accordingly, WINDERMERE DRONE, LLC requests relief from Sections 91.405(a), 91.407(a)(1), 91.40 9(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.

WINDERMERE DRONE, LLC submits that the requested relief is proper since an equivalent level of safety will be ensured. WINDERMERE DRONE, LLC will use experienced personnel or technicians to perform maintenance, alterations, or preventive maintenance on the UASs using the methods, techniques, and practices prescribed in the operating documents (i.e., Monthly Maintenance Log, and DJI Phantom 3 an d DJI Inspire 1 User Manual). Furthermore, WINDERMERE DRONE, LLC will document and maintain all maintenance records for the DJI Phantom 3 and DJI Inspire 1 UASs (as described under appendix D)

.6 Relief from certain requirements of Section 61.113(a) and (b), entitled Private pilot privileges and limitations: Pilot in command , is requested by WINDERMERE DRONE, LLC to the extent necessary to allow a Pilot in Command (PIC) holding a private pilot or h igher 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 3 and DJI Inspire 1 UASs in a manner consistent w ith this exemption, including evasive and emergency maneuvers and maintaining appropriate distances from people, vessels,

vehicles and structures.

WINDERMERE DRONE, LLC seeks relief from Section 91.7(a), entitled Civil aircraft

airworthiness , because the DJI Phantom 3 and DJI Inspire 1 UASs do not require an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H. As such, WINDERMERE DRONE, LLC submits that he will ensure that the DJI Phantom 3 and DJI Inspire 1UASs are in an airworthy c ondition, prior to every flight, by determining that the UASs are in compliance with the operating documents (i.e., Monthly Maintenance Log, and DJI Phantom 3 and DJI Inspire 1 User Manual), and that the aircraft are in a condition for safe flight.

WINDE RMERE DRONE, LLC also seeks an exemption from the requirements of Section 91.121, entitled Altimeter Settings , as the DJI Phantom 3 and DJI Inspire 1 UAs will not have a typical barometric altimeter onboard. However, altitude information of the DJI Phantom 3 and DJI Inspire 1UAs 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, comb ined with WINDERMERE DRONE, LLC operation of the DJI Phantom 3 and DJI Inspire 1 UASs within visual line of sight, at or below 500 feet AGL, will ensure a level of safety equivalent to Section 91.121.

Additionally, WINDERMERE DRONE, LLC seeks an exemptio n from the requirements of Section 91.151(b), entitled Fuel requirements for flight in VFR conditions

. WINDERMERE DRONE, LLC submits that safety will not be affected by operation of the DJI Phantom 3 and DJI Inspire 1 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 15.5 minutes to the first point of intended landing and, assuming normal cruising speed, to fly after

that for at least 4. 5 minutes.

In accordance with 14 C.F.R. § 11.81, WINDERMERE DRONE, LLC provides the

follo wing 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:

JEREMY MAMMEN

WINDERMERE DRONE

, LLC

11531 WAKEWORTH ST ORLANDO, FL 32836

Email: jeremycmammen@gmail.com7 B. The Specific Sections of 14 C.F.R. from Which WINDERMERE DRONE, LLC Seeks Exemption.

1. WINDERMERE DRONE, LLC Seeks Exemption From The Requirements Of Section 61.113(a) And (b). Section 61.113, entitled Private pilot privileges and

limitations: Pilot in command , Subsections (a) and (b) prescribe the following, in relevant

part: (a) No person who holds a private pilot certificate may act as a pilot in command (PIC) of an aircraft that is carrying passengers or property for compensation or hire; nor may that person, for compensation or hire, act as PIC of an aircraft.

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

— (1) The flight is only incidental to that business or employment; and (2) The aircraft does not carry passengers or property for compensation or hire.

2. WINDERMERE DRONE, LLC Seeks Exemption From The Requirements Of Section 91.7(a). Section 91.7, entitled Civil Aircraft A irworthiness , subsection (a), states the following:

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

3. WINDERMERE DRONE, LLC Seeks Exemption From The Requirements Of

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

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

—

(1) Below 18,000 feet MSL, to

—

(i) The current reported altimeter setting of a station along the route and within 100 nautical miles of the aircraft; (ii) If there is no station within the area prescribed in paragraph (a)(1)(i) of this section, the current reported altimeter setting of an appropriate available station; (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.8 4. WINDERMERE DRONE, LLC Seeks Exemption From The Requirem ents Of Section 91.151(b). Section 91.151, entitled Fuel requirements for flight in VFR
conditions, subsection (b), states the following:

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

5. WINDERMERE DRONE, LLC Seeks Exemption From The Requirement Of Section 91.405(a). Section 91.405, entitled Maintenance required, subsection (a), states the following: Each owner or operator of an aircraft

—

(a) Shall have that aircraft insp ected 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. WINDERMERE DRONE, LLC Seeks Exemption From The Requirements Of Section 91.407(a) 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 u nder § 43.7 of this chapter.

7. WINDERMERE DRONE, LLC Seeks Exemption From The Requirements Of Sections 91.409(a)(1) And 91 .409(a)(2 ). Section 91.409, entitled Inspections , subsection (a), states the following:

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

–

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

8. WINDERMERE DRONE, LLC 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 periods9 specified in paragraph (b) of this section: Records of the maintenance, preventive maintenance, and alteration and records of the 100

- hour, annua l, 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. 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 number of the person approving the

aircraft for return to service.

(b) Records containing the following information:

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

and each rotor.

(ii) The current statu s of life

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

(iii) The time since last overhaul of all items installed on the aircraft which are required to be overhauled on a specified time basis.

(iv) The current inspection status of the aircraft, including the time since the last inspection required by the inspection program under which the aircraft and its appliances are maintained.

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

(vi) Copies of the forms prescribed by § 43.9(d) of this chapter for each major alteration to the airframe and currently installed engines, rotors, propellers, and appliances.

(c) The owner or operator shall retain the following records for the periods prescribed:

(i) The records specified in paragraph (a)(1) of this section shall be retained until the work is repeated or superseded by other work or for 1 year after the work is performed.10 (ii) 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. (iii) 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 WINDERMERE DRONE, LLC Seeks And The Reason WINDERMERE DRONE, LLC Seeks The Relief

.

1. Extent Of Relief WINDERMERE DRONE, LLC Seeks And The Reason WINDERMERE DRONE, LLC Seeks Relief From Section 61.113(a) And (b).

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

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

medica l certificate, and who has met certain flight

- hour and currency requirements, to conduct the proposed UAS flight operations for compensation or hire.

This relief is requested since the limitations set forth in Section 61.113(a) and (b) state that a priva te 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 compensatio n or hire.

As set forth more fully below, WINDERMERE DRONE, LLC submits that an equivalent level of safety will be maintained because no PIC will be allowed to operate the DJI Phantom 3 UAS or DJI Inspire 1 UAS unless that PIC has met certain flight

- hour and currency requirements, demonstrating that the PIC is able to safely operate either the DJI Phantom 3 or DJI Inspire 1 UAS in a manner consistent with the operations specifications as described in this exemption, including evasive and

emergency maneuve rs, as well as maintaining appropriate distances from people, vessels, vehicles and structures. Further, WINDERMERE DRONE, LLC submits that all flights of the DJI Phantom 3 and DJI Inspire 1 UASs, conducted by the PIC pursuant to the grant of this Petition : (1) will be incidental to WINDERMERE DRONE, LLC business; and (2) will not carry passengers or property for compensation or hire.

2. Extent Of Relief WINDERMERE DRONE, LLC Seeks And The Reason WINDERMERE DRONE, LLC Seeks Relief From Section 91.7(a).

Relief from Section 91.7(a) entitled Civil aircraft airworthiness, is requested to the extent required to allow WINDERMERE DRONE, LLC to determine that the DJI Phantom 3 and DJI Inspire 1 UASs are in airworthy condition prior to every flight by ensuring th at the UAS is in compliance with the operating documents (i.e.,11 WINDERMERE DRONE, LLC Aerial Operations Manual, Monthly Maintenance Log, and DJI Phantom 3 and DJI Inspire 1 Instruction Manual).

WINDERMERE DRONE, LLC seeks the requested relief because the DJI Phantom 3 and DJI Inspire 1 UASs do not require an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H. Therefore, WINDERMERE DRONE,

LLC will ensure that the DJI Phantom 3 and DJI Inspire 1 UASs are in airworthy

condition based u pon its compliance with the operating documents (i.e., Monthly Maintenance Log, and DJI Phantom 3 and DJI Inspire 1 User Manual) prior to every flight, and further, determine that the aircraft are in condition for safe flight, as stated

in the conditions a nd limitations below.

3. Extent Of Relief WINDERMERE DRONE, LLC Seeks And The Reason WINDERMERE DRONE, 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 and DJI Inspire 1 UASs, which utilize a barometric pressure sensor, GPS equipment, and a radio communications telemetry

data link to do wnlink 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), WINDERMERE DRO NE, LLC seeks the requested relief because the DJI Phantom 3 and DJI Inspire 1 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 the applicable conditions and limitations stated below. As more fully set forth herein, an equivalent level of safety

will be maintained since the DJI Phan tom 3 and DJI Inspire 1 UAs are equipped with a barometric pressure sensor and GPS equipment, which automatically ensures that a ground level pressure setting will be established prior to each flight, and provides the

PIC with altitude information of the U A on the heads

- up display of the GCS.

4. Extent Of Relief WINDERMERE DRONE, LLC Seeks And The Reason WINDERMERE DRONE, LLC Seeks Relief From Section 91.151(b).

Relief from Section 91.151(b) entitled Fuel requirements for flight in VFR conditions, is reque sted to the extent required to allow flights of the battery powered DJI Phantom 3 and DJI Inspire 1 UAs during daylight hours in visual meteorological conditions (VMC), under visual flight rules (VFR), for a total duration of 15.5 minutes to the first poin t of intended landing and, assuming normal cruising speed, to fly after that for at least 4.5 minutes. WINDERMERE DRONE, 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 and DJI Inspire 1 UAs will severely12 constrain the practicality of any aerial video or still photo flight operations that WINDERMERE DRONE, LLC proposes to conduct pursuant to this Petition.

Significantly, as set forth below, the technical spec ifications of the DJI Phantom 3 and DJI Inspire 1 UASs, the DJI Phantom 3 and DJI Inspire 1 operating documents,

and WINDERMERE DRONE, LLC proposed operating limitations, ensure that WINDERMERE DRONE, LLC will safely operate the battery powered DJI Phantom 3 and DJI Inspire 1 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 13.5 minutes to the first point of intended landing and, assuming normal cruising speed, to fly after that for at least 4.5 minutes.

5. Extent Of Relief WINDERMERE DRONE, LLC Seeks And The Reason WINDERMERE DRONE, 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, WINDERMERE DRONE,

LLC requests relief from these Sections because the DJI Phantom 3 and DJI Inspire 1 UASs do not require airworthiness certificates. As set forth more fully below, the DJI Phantom 3 and DJI Inspire 1 UASs meet the conditions of FMRA Section 333 for operation without an airworthi n ess certificate. Accordingly, WINDERMERE DRONE, LLC will use trained technicians to perform maintenance, alterations, or preventive maintenance on the UASs using the methods, techniques, and practices prescribed in the UAS operating documents (i.e., WINDERMERE DRONE, LLC Aerial Operations Manual , Monthly Maintenance Log, and DJI Phantom 3 and DJI Inspire 1 User Manual). Furthermore, WINDERMERE DRONE, LLC will document and maintain all maintenance records for the DJI Phantom 3 and DJI Inspire 1 UASs.

D. The Reasons Why Granting WINDERMERE DRONE, 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 allowing WINDERMERE DRONE, LLC to safely, efficiently, and economically perform hig h

- quality aerial photography and videography of special events, sporting events, resorts and hotels, tourism destinations, weddings, landscapes, real estate listings, residential and commercial building sites, civic landmarks, film making, economic development, golf courses, UAS operator training and other bui lding or structural inspections over certain areas of the United States.

Additionally, use of the DJI Phantom 3 and DJI Inspire 1 UASs will decrease congestion of the NAS, reduce pollution, crashes and accidents caused by pilot error and provide significant benefits to the economy. Notably, the benefits of WINDERMERE DRONE, LLC proposed operation of the DJI Phanto m 3 and DJI Inspire 1 UASs will be realized without implicating any privacy issues.13 1. The Public Will Benefit From Decreased Congestion Of The NAS

.

The DJI Phantom 3 and DJI Inspire 1 UAs are battery powered and serve as a safe, efficient, and economical alternative to the manned aircraft traditionally utilized to obtain aerial imagery. By reducing the amount of manned aircraft needed to perform aerial acquisitions, an exemption allowing the use of a DJI Phantom 3 or DJI Inspire 1 UAS

would reduce the amo unt 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 c aused by arriving and departing aircraft will be reduced. The DJI Phantom 3 and DJI Inspire 1 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 and DJI Inspire 1 UASs

.

Conducting aerial acquisitions with the DJI Phantom 3 and DJI Inspire 1 UASs, instead of manned aircraft, will greatly benefit the public by drastically reducing the levels of air and noise pollution generated during traditional aerial video and still phot ography flight operations. By using battery power and electric motors, the DJI Phantom 3 and DJI Inspire 1 UASs produce no air pollution, and is the most viable environmentally conscious alternative to the cabin class, six cylinder internal combustion engi ne 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 and DJI Inspire 1 UAs, while reducing the carbon footprint of aerial acquisitions, also eliminates noise pollution, as the UAs are propelled by battery powered electric motors, rather than an internal combustion engine.

By using the DJI Phantom 3 and DJI Inspire 1 UASs to perform aerial acquisitions, the substantial risk to life and property in the air and on the ground, which is usually associated with traditional manned aircraft flight operations, will be substantially reduced or completely eliminated. Aside from the lack of flight crew members located onboard the aircraft, the DJI Phantom 3 and DJI Inspire 1 UAs (weighing approximately 2 pounds 14 ounces and 6 pounds 7.5 ounces respectively, at their maximum gross weigh ts with lengths of 16 inches and 17.3 inches respectively, widths of 16 inches and 17.7 inches respectively, and with no fuel on board), has less physical potential for collateral damage to life and property on the ground, and in the air, compared to the m anned 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. P erforming Aerial Video and Photography Operations With The DJI Phantom 3 and DJI Inspire 1 UASs Will Benefit The Economy.14 In addition to being safe and efficient, the DJI Phantom 3 and DJI Inspire 1 UASs are also an economical alternative to using manned aircraft to conduct similar aerial operations. As such, op eration of the DJI Phantom 3 and DJI Inspire 1 UASs will allow United States based companies, like WINDERMERE DRONE, LLC to remain competitive and contribute to growth of the U.S. economy. Specifically, with the rising

cost of aviation fuel and the En viron mental 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 and DJI Inspire 1 U ASs 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 operating the DJI Phantom 3 and DJ I Inspire 1 UASs, companies such as WINDERMERE DRONE, 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 p erformance of U.S. companies, through commercial use of the DJI Phantom 3 and DJI Inspire 1 UASs, provides a stable workforce that increases consumer spending; improves local, state, and federal tax revenues; and allows companies to invest in research and development in 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, WINDERMERE DRONE, LLC proposed operation of the DJI Phantom 3 and DJI Inspire 1 UASs would not implicate any privacy issues. Specifically, the DJI Phantom 3 and DJI Inspire 1 UASs will be operated only in compliance with operating documents (i.e., WINDERMERE DRONE, LLC Aerial O perations Manual, Monthly Maintenance Log, and DJI Phantom 3 and DJI Inspire 1 User Manual) which requires property owner involvement as well as local law enforcement notification, and in accordance with the Federal Aviation Regulations, including the mini mum altitude requirements of 14 C.F.R. § 91.119.15 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 WINDERMERE DRONE, LLC Seeks Exemption.

1. Reasons Why The DJI Phantom 3 and DJI Inspire 1 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 aircraft and its operation, WINDERMERE DRONE, LLC operation of the DJI Phantom 3 and DJI Inspire 1 UASs meet the conditions of FMRA Section 333, and

will n ot require an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart

H.

Section 333 provides authority for a UAS to operate without airworthiness certification and sets forth requirements for considering whether a UAS will create a

hazar d to users of the NAS or the public, or otherwise pose a threat to national security. Specifically, FMRA Section 333 states the following, in part:

(a) In General.

-- Notwithstanding any other requirement of this subtitle, and not later than 180 days after the date of enactment of this Act, the Secretary of Transportation shall determine if certain unmanned aircraft systems may operate safely in the national airspace sy stem 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

—

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

(ii) and 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 aircraft systems identified under paragraph (1).

(b) 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 requirements for the safe operation of such aircraft systems in t he national airspace system.16 In seeking this exemption, WINDERMERE DRONE, LLC submits that the DJI Phantom 3 and DJI Inspire 1 UASs can operate safely in the NAS pursuant to FMRA Section 333, as demonstrated by: (a) the characteristics of the DJI Phanto m 3 and DJI Inspire 1 UASs; (b) the pilot certification requirement; and (c) the specific operating

limitations.

(a) The Specifications Of The DJI Phantom 3 and DJI Inspire 1 UASs

Demonstrate Its Safe Characteristics

.

The DJI Phantom 3 and DJI Inspire 1 UA Ss do not create a hazard to users of the NAS or the public, or otherwise pose a threat to national security considering its size, weight, speed, and operational capability.

i. Technical Specifications Of The DJI Phantom 3 and DJI Inspire 1 UASs. The DJI Phantom 3 and DJI Inspire 1 Specifications and Data Sheet, attached hereto as Appendix A and B, set the technical specifications of the DJI Phantom 3 and DJI Inspire 1 UASs forth.

ii. The DJI Phantom 3 and DJI Inspi re 1 UASs Autonomous Flight And Navigation Modes Enable The UASs To Remain Within A Defined Operational Area

.

The DJI Phantom 3 and DJI Inspire 1 UASs may be operated in both manual and fully autonomous flight modes. A complete description of the flight and navigational modes of the DJI Phantom 3 and DJI Inspire 1 UASs is provided at pages 25

- 35 of the DJI Phantom 3 and pages 12

- 16 and 45

- 50 of the DJI Inspire 1

User Manua ls, attached hereto as Exhibit A and B

.

iii. The DJI Phantom 3 and DJI Inspire 1 UASs A re 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 and DJI Inspire 1 UAs will remain stationary, in flight, for 3 seconds or more. If, after 3 s econds, the DJI Phantom 3 and DJI Inspire 1 UAs do not reacquire control link data from the GCS, the UAs will

assume that the Control Link is lost and the UAs will return to the home position (i.e., failsafe mode) via GPS, and will descend to the takeoff p osition and shutdown. A complete description of the

Failsafe Functions of the DJI Phantom 3 UAS are set forth at pages 27 through 29 and for the DJI Inspire 1 at pages 13 through 15 of the DJI Phantom 3 and DJI Inspire 1 User Manua ls, attached

hereto as Ex hibit A and B

.17 iv. The DJI Phantom 3 and DJI Inspire 1 GCS And It’s Operation

.

A complete description of the operation and specifications of

the DJI Phantom 3 and DJI Inspire 1 GCS and flight control software is provided at pages 32 through 43 of the DJI Phantom 3 User Manual and pages 40 through 47 of the DJI Inspire 1 User Manual. DJI Phantom 3 and DJI Inspire 1 User Manuals a re attached hereto as Exhibits A and B

.

(b) Flight Operations Of DJI Phantom 3 and DJI Inspire 1 UASs Are Limited To The Line Of Sig ht Of A Certificated Pilot in Command With A Safety Observer

.

WINDERMERE DRONE, LLC will only utilize certificated pilots who possess a current and valid airman medical certificate to act as a pilot in command (PIC) of the DJI Phantom 3 and DJI Inspire 1 UASs. Additionally, a safety observer will assist all pilots during flight time.

(c) Fl ights Of DJI Phantom 3 and DJI Inspire 1 UASs Will Be Conducted Pursuant To Specific Operating Limitations.

In seeking this exemption, WINDERMERE DRONE, LLC proposes to commercially operate DJI Phantom 3 and DJI Inspire 1 UASs for the special purpose of conducting aerial video and photography over certain areas of United States, pursuant to the following specific operating limitations:

1. Operations authoriz ed by this grant of exemption will be limited to the following aircraft described in the operating documents, rotorcraft UASs weighing less than 55 pounds maximum gross weight: DJI Phantom 3 and DJI Inspire 1 Unmanned Aircraft Systems. Proposed operations of any other aircraft will require a new petition or a petition to amend this grant.

2. UAS operations under this exemption will be limited to conducting operations for the purpose of aerial video and photography.

3. The UAs may not be flown at an indi cated airspeed exceeding 20 knots.

4. The UA must be operated at an altitude of no more than 500 feet above ground level (AGL), as indicated by the procedures specified in the operating documents unless a special request is made and approved by ATC. All altitudes reported to ATC must be in feet AGL.

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

- issued airman medical certificate.18 6. The use of first person view (FPV) by the PIC or safety observer (SO) is not permitted.

7. All operations must utilize a safety observer (SO). The SO may be used to satisfy the VLOS requirement as lo ng as the PIC always maintains VLOS capability. The SO and PIC must be able to communicate verbally at all times. Electronic messaging or texting is not permitted during flight operations. The PIC must be designated before the flight and cannot transfer hi s 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 must not perform any other duties beyond assisting the PIC with seeing and avoiding other air traffic and other ground based obstacles/obstructions and is not permitted to operate the

camera or other instruments.

9. The operating documents and the grant of exemption must be accessible during UAS operations and made available 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 oper ating 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 opera ting documents. It is the operator’s responsibility to track such revisions and present updated and revised documents to the Administrator upon request. The operator must also present updated and revised documents if it petitions for extension or amendment to the grant of exemption. 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 (A FS

- 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 af fects the safe operation of the UAS, the aircraft is prohibited from operating until the necessary maintenance has been performed and the UAS is found to be in a condition for safe flight. The Ground Control Station must be included in the preflight inspec tion. All maintenance and alterations must be properly documented in the aircraft

records.

11. Any UAS that has undergone maintenance or alterations that affect the UAS operation or flight characteristics, e.g. replacement of a flight critical component, must undergo a functional test flight. The PIC who conducts the functional test flight must make an entry in the aircraft

records.

12. The pre

- flight inspection must account for all potential discrepancies, e.g. inoperable components, items, or equipmen t, 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.19 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 t ime in service, description of work accomplished, and the signature of the authorized person returning the UAS to service.

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

Bulletins.

16. The authorized person must ma ke an entry in the aircraft record of the corrective action taken against discrepancies discovered between inspections.

17. The PIC must possess at least a private pilot certificate and at least a current third

- class

medical certificate.

18. The operator may not permit any PIC to operate unless the PIC meets the operator’s qualification criteria and demonstrates the ability to safely operate the UAS in a manner consistent with how the UAS will be operated under the exemption, including evasive and emergency maneuvers and maintaining appropriate distances from persons, vessels, vehicles and structures. PIC qualification flight hours must be logged in a manner consistent with 14 C.F.R. § 61.51(b). Flights for the purposes of training the operator’s P ICs 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 are co nsidered nonparticipants, and the PIC must operate the UA with appropriate distance from nonparticipants in accordance with 14 C.F.R. § 91.119.

19. UAS operations may not be conducted during night, as defined in 14 C.F.R. § 1.1. All operations must be co nducted 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 NOT AM as required by the operator’s COA. The letter of agreement with the airport management must be made available to the Administrator upon request.

21. The UA may not be operated less than 500 feet below or less than 2,000 feet horizontally

from a cloud or when visibility is less than 3 statute miles from the PIC.

22. If the UA loses communications or loses its GPS signal, it must return to a pre

- determined location within the planned operating area and land or be recovered in accordance with the

operat ing documents.

23. The PIC must abort the flight in the event of unpredicted obstacles or emergencies in accordance with the operating documents.20 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 oper ator must obtain an Air Traffic Organization (ATO) issued Certificate of Waiver or Authorization (COA) prior to conducting any operations under the grant of exemption. This COA will also require the operator to request a Notice to Airman (NOTAM) not more t han 72 hours in advance, but not less than 48 hours prior to the operation. All operations shall be conducted in accordance with airspace requirements in the ATO issued COA including class of airspace, altitude level and potential transponder requirements.

26. All aircraft operated in accordance with the exemption must be identified by serial number, registered in accordance with 14 C.F.R. part 47, and have identification (N

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

27. Before conducting operations, the radio frequency spectrum used for operation and control of the UA must comply with the Federal Communications Commission (FCC) or other appropriate government oversight agency requirements

.

28. The documents required fewer than 14 C.F.R. 91.9 and 91.203 must be available to the PIC at the Ground Control Station of the UAS any time the UAS is operating. These documents must be made available to the Administrator or any law enforcement offi cial 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 cond ucted at least 500 feet from all nonparticipating persons (persons other than the PIC, SO, operator trainees or essential persons), vessels, vehicles, and

structures unless:

a. Barriers or structures are present that sufficiently protect nonparticipating pe rsons 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 within 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 assessment of the ri sk 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).21 32. All operations shall be conducted over private or controlled

- access property with permission from the land owner/controller or authorized repre sentative. 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. Accide nts must be reported to the National Transportation Safety Board (NTSB) per instructions contained on the NTSB Website: www.ntsb.gov

.

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

WINDERMERE DRONE, 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 and DJI Inspire 1 UASs unless that PIC has demonstrated, by meeting mi nimum flight

- hour and currency requirements, that the PIC is able to safely operate the DJI Phantom 3 or DJI Inspire 1 UAS in a manner consistent with the exemption, including evasive and emergency maneuvers and maintaining appropriate distances from peopl e, vessels, vehicles and

structures.

Considering WINDERMERE DRONE, LLC 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 requi rements (See Exemption No. 11062); and the airmanship skills necessary to safely operate the DJI Phantom 3 or DJI Inspire 1 UAS, WINDERMERE DRONE, LLC submits that the additional manned airmanship experience of a commercially certificated pilot would not c orrelate to the airmanship skills necessary for WINDERMERE DRONE, LLC 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).

WINDERMERE DRONE, LLC will not allow any PIC to operate the DJI Phantom 3 or DJI

I nspire 1 UAS unless that PIC has demonstrated, by meeting minimum flight

- hour requirements or the DJI Phantom 3 or DJI Inspire 1 UAS training and currency requirements, that the PIC is able to safely operate the DJI Phantom 3 or DJI Inspire 1 UAS in a mann er 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, 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 m ust accomplish 3 takeoffs and landings in the preceding 90 days (for currency purposes).22 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 WINDERMERE DRONE, LLC proposed operations. The Administrator has held that prior documented flight experience that was obtained in compliance with applicable regulations would ensure safe operations, stating as follows: In Exemption No. 11062, the FAA required that prior to conducting operations for the purpose of motion picture filming (or similar operations), the PIC must have accumulated and logged, in a manner consistent with 14 CFR 61.51(b), 25

hours of total time as a UAS rotor craft 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 operating the same make and

model of UAS to be used for operations under the exemption. For clarification, the FAA considers these minimum hour requirements to be inclusive rather than additive; i.e. 5 hours make and model time may be included in the 10 hours of multi

- rotor time and the 10 hours may be included in the total 25 hours of UAS rotorcraft time. In addition to the hour requirements, the PIC must accomplish 3 takeoffs and landings in the preceding 90 days (for currency purposes). The FAA finds that at a minimum, the flight hour requireme nts in Exemption No. 11062 are appropriate to practice and build proficiency in the skills necessary to safely conduct the petitioner’s proposed operations. The FAA also finds that prior documented flight experience that was obtained in compliance with app licable 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 flig hts 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, WINDERMERE DRONE, LLC will ensure safe operations by not allowing any PIC to operate the DJI Phantom 3 o r DJI Inspire 1 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 or DJI Inspire 1 UAS in a manner consistent with the exemption, including evasive and e mergency maneuvers and maintaining appropriate distances from people, vessels, vehicles and structures.

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

The equivalent level of safety established by Section 91.7(a) will be maintained because prior to every flight, WINDERMERE DRONE, LLC will ensure that the DJI Phantom 3 or DJI Inspire 1 UAS is in an airworthy condition based upon the UAS’s compliance with its operating documents and as stated in the conditions and limitations herein. Additionally, the FAA has previously granted relief from Section 91.7(a) specific to UAS, in circumstances similar, in all material respects, to those presented herein (e.g. Exemption Nos. 11062, 11063, 11064, 11065, 1106 6, 11067, 11080, 11109, 11110, 11112, 11136, 11138, 11150, 11153, 11156, 11157, 11158, 11159, 11160, 11161).23 4. Reasons Why An Exemption From The Requirements Of Section 91.121 Would Not Adversely Affect Safety.

The equivalent level of safety establis hed by Section 91.121 will be maintained

because the altitude information of the DJI Phantom 3 and DJI Inspire 1 UAS will be provided to

the PIC via GPS equipment and a radio communications telemetry data link, which downlinks

from the UA S to the GCS for active monitoring of the flight path and alti tude. This altitude

information combined with WINDERMERE DRONE, LLC’s operation of the DJI Phantom 3 and DJI Inspire 1 UAS within visual line of sight, at or below 400 feet AGL, will ensure a level of safety equ ivalent to Section 91.121. The altitude information will be generated by GPS equipment installed on board the aircraft. Prior to each flight, a zero altitude initiation point is automatically established by the UAS's 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. 28 Exemption Nos. 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11112, 11136, 11138, 11150, 11153, 11156, 111 57, 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 and DJI Inspire 1 UAS 's; (2) the limitations on the proposed flight operations; and (3) the location of the proposed flight operations. Accordingly, WINDERMERE DRONE,

LLC will ensure that h e will safely operate the battery powered DJI Phantom 3 and DJI Inspire 1

UA's during daylight hours in VFR conditions, with enough battery power to fly for a total duration of 13.5 minutes to the first point of intended landing and, assuming normal cruising speed, to fly after that for at least 4.5 minutes.

Here, as in Exemption No. 11109, the technical specifications of the DJI Phantom

3 and DJI Inspire 1 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 and DJI Inspire 1 UAS provides audible and visual warnings to the PIC at the controller when the UA's experiences low battery voltage, the first warning occurring at approximately 33% remaining battery power, and again at approximately 10% remaining battery power. At the critically low battery level, the DJI Phantom 3 and DJI Inspire 1 UAS will descend an d land automatically.

Significantly, previous exemptions granted by the FAA concerning Section 91.151 establish that safety is not adversely affected when the technical characteristics and operating limitations of the UAS are considered. Relief has been g ranted 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 Secti on 91.151 specific to UAS in circumstances similar in al l 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).24 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, WINDERMERE DRONE, LLC submits that the equivalent level of safety with regard to the regulat ory 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 WINDERMERE DRONE, LLC will use trained technicians to perform maintenance, alterations, or preventiv e maintenance on the UAS's using the methods, techniques, and practices prescribed in the operating documents i.e., the Operations Manual, Monthly Maintenance Log, and DJI Phantom 3 and DJI Inspire 1 User Manual. Furthermore,

WINDERMERE DRONE , LLC will doc ument and maintain all maintenance records for the DJI

Phantom 3 and DJI Inspire 1 UAS.

Since the DJI Phantom 3 and DJI Inspire 1 UAS will be inspected as prescribed by the operating documents, WINDERMERE DRONE, LLC will maintain the equivalent level of safety established by Sections 91.405(a), 91.409(a)(1), and 91.409(a)(2). Copies of the DJI

Phantom 3 and DJI Inspire 1 User Manuals are attached hereto as Exhibit A and B ; a copy of the

DJI Phantom 3 and DJI Inspire 1 UAS Maintenance LOG is located under appendix D

.

Likewise, the exemption sought will not adversely affect safety because WINDERMERE

DRONE , LLC will use trained tech nicians to perform maintenance, alterations or preventive maintenance on the UAS using the methods, techniques, and practices pr escribed by the operating documents.

Furthermore, the exemption sought would maintain an equivalent level of safety , established by s ections 91.407, 91.417(a) and 91.417(b), because all maintenance of the DJI Phantom 3 UAS will be performed by trained technicians. Maintenance will be documented and maintained utilizing the monthly maintenance log described under appendix D

.

Significantly, previous exemptions granted by the FAA concerning Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.4 17(a) & (b) establish that safety is not adversely affected when the technical characteristics and operating limitations of the

UAS are considered.

In consideration of WINDERMERE DRONE, LLC’s proposed operating limitations, the operating documents, and t he technical aspects of the DJI Phantom 3 and DJI Inspire 1 UAS, WINDERMERE DRONE, LLC submits th at 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, 111 56, 11157, 11158, 11159, 11160, 11161).25 7. The FAA May Prescribe Any Other Conditions For Safe Operation.

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, WINDERMERE DRONE, LLC requests that the FAA prescribe special conditions for the intended operation of the DJI

Phantom 3 and DJI Inspire 1 UAS, which contains such safety standards that th e administrator finds necessary to establish a level of safety equivalent to th at established by 14 C.F.R. Part 21, Subpart H, and 14 C.F.R §§ 61.113(a) & (b), 91.7 (a), 91.121, 91.1 51(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 ope ration of the UA 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 other wise pose a threat to national security and further, provides the authority for such UAS to operate without airworthiness certification in accordance with any requirements that

must be established for the safe operation of the UAS in the NAS.

Likewise, th e Administrator may prescribe special conditions pursuant to 14 C.F.R. §21.16, for operation of the DJI Phantom 3 and DJI Inspire 1 UAS, since the airworthiness regulations of 14 C.F.R. Part 21 do not contain adequate or appro priate 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 approp riate safety standards for an aircraft, aircraft engine, or propeller because of a novel or unusual design feature of the aircraft, aircraft engine or propeller, it may prescribe special conditions and amendments thereto for the product. The special condit ions are issued in accordance with Part 11 of this chapter and contain such safety standards for the aircraft, aircraft engine or propeller as the FAA finds necessary to establish a level of safety equivalent to that established in the regulations. See 14 C.F.R. § 21.16.

Therefore, in accordance with FMRA Section 333 and 14 C.F.R. § 21.16, the FAA may prescribe special conditions for WINDERMERE DRONE, LL C’s intended operation of the DJI

Phantom 3 and DJI Inspire 1 UAS , which contains such safety standards that the administrator

finds necessary to establish a level of safety equiv alent 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).26 F. A Summary That Can Be Published In The Federal Register stating: The Rules

From Which WINDERMERE DRONE , LLC seeks Exemption:

WINDERMERE DRONE , 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 Ex emption WINDERMERE DRONE

, LLC

Seeks:

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

G. Any Additional Information, Views, Or Arguments Available To Support WINDERMERE DRONE, LLC ’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, WINDERMERE DRONE , LLC request for exemption may be granted pursua nt 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 poses a threat to national

s ecurity and further, provides the authority for such UAS to operate without airworthiness

certification.27 CONCLUSION

WINDERMERE DRONE, 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 and DJI Inspire 1 UASs commercially, without an airworthiness certificate, for t he limited purpose of conducting coverage of events, film sets, special events, sporting events, resorts and hotels, tourism destinations, weddings, landscapes, real estate listings, residential and commercial building sites, civic landmarks, film making, economic development, golf courses, UAS operator training and other bui lding or structural inspections

over cer tain areas of the United States and i ncrease public knowledge of UAS and promote safe UAS operations

. 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 WINDERMERE DRONE, LLC to safely, efficiently, and e conomically operate the DJI Phantom 3 and DJI Inspire 1 UASs commercially

within the NAS.

WHEREFORE, in accordance with the Federal Aviation Regulations and the FAA Modernization and Reform Act of 2012, Section 333, WINDERMERE DRONE, LLC respectfully req uests that the Administrator grant this Petition for an exemption from the requirements of 14 C.F.R Sections 61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b), and permit WINDERMERE DRONE,

LLC to operate the DJI Phantom 3 and DJI Inspire 1 UASs commercially for the purpose of conducting aerial video and photography over certain areas of the United States.

Dated: January 1 , 2016 Submitted by : Jeremy Mammen

Owner/President

WINDERMERE DRONE, LLC28 APPENDICES:

A

– DJI Phantom 3 Technical Specifications

B

– DJI Inspire 1 Technical Specifications

C

– On

- Site Safety Checklist

D

– Monthly Maintenance Log29 APPENDIX

– A

DJI PHANTOM 3 TECHNICAL SPECIFICATIONS

WINDERMERE DRONE, LLC only utilizes safe and reliable UASs. DJI is an industry leader in small UAS production. DJI UASs are loaded with ground breaking software enabling the user to set parameters which will not allow flight into controlled airspace. Parameters can

also be set to limit flight to no higher than a predetermined and set altitude as well as limit flight to a predetermined and set distance. In addition, DJI software provides real

- time altitude and location information to the PIC via the linked monitor (smart phon e/tablet devices)

.

DJI Phantom 3

1.1 Aircraft 1.1.1 Supported Battery

– DJI 6000AH LiPo Battery 1.1.2 Weight (Battery & Propellers Included)

– 2lbs 11.810oz (1242g) 1.1.3 Hover Accuracy (Ready to Fly)

– Vertical: .8m; Horizontal: 2.5m 1.1.4 Max Yaw Angular Velocity

- 200/s 1.1.5 Max Tilt Angel

- 35

1.1. 6 Max Ascent Speed

– 6m/s

1.1.7 Max Descent Speed

– 2m/s

1.1.8 Max Flight Speed

– 15m/s (NOT RECOMMENDED)

1.2 Gimbal 1.2.1Working Current

– Static: 750mA; Dynamic: 900mA 1.2.2 Control Accuracy

- ±0.03 1.2.3 Controllable Range

– Pitch:

- 90

- 0 1.2.4 Maximum Angular Speed

– Pitch: 90/s

1.3 Camera

1.3.1 Operating Temperature Range

- 32F

- 104F (0C

- 40C)

1.3.2 Sensor Size

– 1/2.3”

1.3.3 Effective Pixels

– 14M

1.3.4 Re solution

– 4384x3288 1.3.5 HD Video Recording

– 1080p30 & 720p 1.3.6 Recording Field of View

- 110/8530 APPENDIX

– B

DJI INSPIRE 1 TECHNICAL SPECIFICATIONS

WINDERMERE DRONE, LLC only utilizes safe and reliable UASs. DJI is an industry leader in small UAS production. DJI UASs are loaded with ground breaking software enabling the user to set parameters which will not allow flight into controlled airspace. Parameters can

also be set to limit flight to no higher than a predetermined and set altitude as well as limit flight to a predetermined and set distance. In addition, DJI software provides real

- time altitude and location information to the PIC via the linked monitor (smart phone/t ablet devices)

.

DJI Inspire

1 1.1 Aircraft

1.1.1 Model

– T600 1.1.2 Weight (Battery Included)

– 6lbs 7.5291oz (2935g) 1.1.3 Hovering Accuracy (GPS Mode)

– Vertical: 0.5m; Horizontal: 2.5m 1.1.4 Max Angular Velocity

– Pitch: 300/s; Yaw: 150/s 1.1.5 Max Tilt Angle

- 35 1.1.6 Max Ascent Speed

– 5m/s 1.1.7 Max Descent Speed

– 4m/s 1.1.8 Max Speed

– 22m/s (ATTI mode, no wind

– NOT RECOMMENDED) 1.1.9 Max Flight Altitude

– 4500m

1.1.10 Max Wind Resistance

– 10m/s 1.1.11 Max Flight Time

– Approx imately 18 minutes

1.1.12 Motor Model

– DJI 3510 1.1.13 Propeller Model

– DJI 1345 1.1.14 Operating Temperature Range

– 14F to 104F (

- 10C to 40C)

1.1.15 Dimensions

– 17 1⁄4 ” x 17 3⁄4 ” x 12”

1.2 Gimbal

1.2.1 Model

– ZENMUSE X3 1.2.2 Output Power (with c amera)

– Static: 9W; In Motion: 11W 1.2.3 Operating Current

– Static: 750mA; In Motion: 900mA 1.2.4 Angular Vibration Range

- ±0.03 1.2.5 Mounting

– Detachable 1.2.6 Controllable Range

– Pitch:

- 90 to +30; Pan: ±320 1.2.7 Mechanical Range

– Pitch:

- 125 to 45; Pan: ±330 1.2.8 Max Controllable Speed

– Pitch: 120/s; Pan: 180/s

1.3 Transmitter

1.3.1 Name

– C1 1.3.2 Operating Frequency

– 5.728

- 5.850GHz; 2.400

- 2.483GHz 1.3.3 Communicating Distance (unobstructed)

– 2000m 1.3.4 Output Power

– 9W 1.3.5 Operating Temperature Range

- 14F to 104F (

- 10C to 40C)31 1.3.6 Battery

– 600mAh LiPo 2SF All specifications can be found in the attached user manual or at http://www.dji.co m/product/inspire

- 1/spec32 APPENDIX

– C


# Windermere Drone, LLC

On

- Site Safety Checklist

Pre

- flight √ Reviewed targeted area through Google Earth for any obstructions √ Reviewed area for any FAA restricted fly zones or other areas of concern √ Reviewed safety requirements with sponsor / owner (sign

- off required back of form) √ Posted “Aerial Photography” in p rocess sign at opening / curb √ Visit each neighbor to announce that aerial photography will be taking place √ Posted “Launch/Landing” zone sign calling for 50’ parameter √ Walked the hover area or path of flight to check for any areas on concern

Flight Se t

- up √ Advise anyone within “Launch/Landing” area of safety and 50’ requirement √ Unpack and check DJI Phantom 3 for any visible signs of damage √ Turn on Remote C ontroller and observe that both power and Wi

- Fi are green √ Ensure launch zone is clear and turn on DJI Phantom 3 battery √ Toggle S1 & S2 switches five times to set GPS recalc & failsafe landing zone √ Wait for solid GPS lights (Solid Green slow flashing) √ Spin DJI Phantom 3 360° both Horizontal and Vertically to en sure lock √ Review Launch Site one last time before liftoff √ Engage motors and start straight horizontal lift to desired altitude

Flight √ Monitor both GPS Lock (# satellites) / Battery Level every minute √ Watch for any changes to the “Launch/Landing” are a of safety and advise as necessary √ Watch for any irregular craft behavior and land immediately if necessary √ Return the craft to the landing area within 20% of battery life

Post

- Flight √ Announce that the craft is returning for landing √ Visual check tha t the 50’ rule is observed / Otherwise hover until 50’ is observed √ Slowly bring the DJI Phantom 3 in for a landing √ Turn off Battery on Craft first, then the Remote Controller √ Store all equipment in their cases before allowing observes to approach33 

## On

- Site Safety Checklist

Sponsor / Owner Sign

- off As the sponsor or owner of this engagement you understand that Windermere Drone LLC operates under the following rules and obligation to ensure the public safety and privacy, and that we follow all FAA rules and guidelines.

As the sponsor / owner of this engagement you agree to the following through your initial of each item and signature at the bottom of this page.

Windermere Drone LLC has advised you as to the following: Initial: _____ √ We will not fly within 1 mile of FAA Restricted Zones ______ √ We will not fly over 00’ of the current launch elevation ______ √ We will not fly if a 50” Launch/Landing parameter cannot be established ______ √ We will land the craft immediately of any technical issues occur ______ √ We will land the craft if on

- site activi ty occurs that presents a security concern ______

Privacy Concerns : If neighbors have a privacy concern, we will not fly until it is resolved ______ If pictures taken has a privacy concern, it will not be made available ______

Safety: You agree to assist in the limiting of people within the launch/landing area ______ You agree to assist in the support of all other identified safety areas

Safety Checklist Signatures

Sponsor/ Owner

< Name and address is normally listed below__________________________________

Windermere Drone

, LLC Jeremy Mammen

Owner/President

_______________________________34 APPENDIX

– D



# Winde rmere Drone

, LLC

Monthly Maintenance and Repair Log

Aircraft:

Hours:

Date:

Date	Issue

Discovered Date	Issue

Resolved Issue	Description/	Maintenance

Conducted Repair/Maintenance Performed	By

Airframe

Motors

Propellers

Flight	Control Update

Gimbal

Misc