July 9 , 2015

Exemption No. 12003 Regulatory Docket No. FAA

– 20 15

– 1488

Mr. Scott Sheets 55 Tinkham R oa d Eure, NC 27935

Dear Mr. Sheets : This letter is to inform you that we have granted your request for exemption. It transmits our decision, explains its basis, and gives you the conditions and limitations of the exemption, including the date it ends.
By letter dated April 22, 2015 , you petitioned the Federal Aviation Adminis tration (FAA) for an exemption . The petitioner requested to operate an unmanned ai rcraft system (UAS) to conduct aerial video graphy and photography

. See Appendix A for the petition submitted to the FAA des cribing the proposed operations and the regulations that the petitioner seeks an exemption

. The FAA has determined that good cause exists for not publishing a summary of the petition in the Federal Register because the requested exemption would not set a precedent, and any delay in acting on th is petition would be detrimental to the petitioner

. Airworthiness Certification

The UAS proposed by the petitioner is a DJI Phantom 3

. In accordance with the statutory criteria provided in Section 333 of P ublic Law 112

− 95 in reference to 49 U

. S

. C

. § 44704, and in consideration of the size, weight, speed, and limited operating area associated with the aircraft and its operation, the Secretary of Transportation has determined that this aircraft meets the conditions of Section 333. Therefore, the FAA finds that relief from 14 CFR part 21 , C ertification procedures for products and parts,2

Subpart H

— Airworthiness Certificates , and any associated noise certification and testing requirements of part 36, is not necessary.
The Basis for Our Decision

You hav e requested to use a UAS for aerial data collection 1

. The FAA has issued grants of exemption in circumstances similar in all material respects to those presented in your petition. In Grants of Exemption No s

. 11062 to Astraeus Aerial ( see Docket No. FAA−2014−0352), 11109 to Clayco, Inc. ( see Docket No. FAA

− 2014

− 0507), 11112 to VDOS Global, LLC ( see Docket No. FAA−2014−0382), and 11213 to Aeryon Lab s , Inc. ( see Docket No. FAA−2014−0642), the FAA found that the enhanced safety achieved using an unmanned aircraft (UA) with the specifications described by the petitioner and carrying no passengers or crew, rather than a manned aircraft of significantly greater proportions, carrying crew in addition to flammable fuel, gives the FAA good cause to find that th e UAS operation enabled by this exemption is in the public interest.
Having reviewed your reasons for requesting an exemption, I find that

—

 They are similar in all material respects to relief previously requested in Grant of Exemption Nos. 11062, 11109, 11112, and 11213 ;

 The reasons stated by the FAA for granting Exemption Nos. 11062, 11109, 11112, and 11213 also apply to the situation you pre sent; and

 A grant of exemption is in the public interest.

Our Decision
In consideration of the foregoing, I find that a grant of exemption is in the public interest. Therefore, pursuant to the authority contained in 49 U.S.C. 106(f), 40113, and 44701, delegated to me by the Administrator, Mr. Scott Sheets is granted an exemption from 14 CFR §§ 61.23(a) and ( c ), 61.101(e)(4 ) and (5), 61.113(a), 61.315(a) , 91.7(a), 91.119(c), 91.121, 91.151(a)(1), 91.405(a), 91.407(a)(1), 91.409(a)(1) and (2), and 91.417(a) and (b), to the extent necessary to allow the petitioner to operate a UAS to perform aerial data collection

. This exemption is subject to the conditions and limitations listed below.

Conditions and Limitations

In this grant of exemption, Mr. Scott Sheets is hereafter referred to as the operator.

1 Aerial data collection includes any remote sensing and measuring by an instrument(s) aboard the UA. Examples include imagery (photography, video, infrared, etc.), electronic measurement (precision surveying, RF analysis, etc.), chemical measurement (part iculate measurement, etc.), or any other gathering of data by instruments aboard the UA.3

Failure to comply with any of the conditions and limitations of this grant of exemption will be grounds for the immediate suspension or rescission of this exemption.

1. Operations authorized by this gra nt of exemption are limited to the DJI Phantom 3 when weighing less than 55 pounds including payload. Proposed operations of any other aircraft will require a new petition or a petition to amend this exemption

. 2. Operations for the purpose of closed

- set motion picture and television filming are not permitted.

3. The UA may not be operated at a speed exceeding 87 knots (100 miles per hour). The exemption holder may use either groundspeed or calibrated airspeed to determine compliance with the 87 knot speed restriction. In no case will the UA be operated at airspeeds greater than the maximum UA operating airspeed recommended by the aircraft manufacturer.

4. The UA must be operated at an altitude of no more than 400 feet above ground level (AGL). Altitude mus t be reported in feet AGL.

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

- issued a irman medical certificate or U.S. driver’s license.

6. All operations must utilize a visual observer (VO). The UA must be operated within the visual line of sight (VLOS) of the PIC and VO at all times. The VO may be used to satisfy the VLOS requirement as long as the PIC always maintains VLOS capability. The VO and PIC must be able to communicate verbally at all times ; e lectronic messaging or texting is not permitted during flight operations. The PIC must be designated before the flight and cannot transf er his or her designation for the duration of the flight. The PIC must ensure that the VO can perform the duties required of the VO.

7. This exemption and all documents needed to operate the UAS and conduct its operations in accordance with the conditions a nd limitations stated in this grant of exemption, are hereinafter referred to as the operating documents. The operating documents must be accessible during UAS operations and made available to the Administrator upon request. If a discrepancy exists betwe en the conditions and limitations in this exemption and the procedures outlined in the operating documents, the conditions and limitations herein take precedence and must be followed. Otherwise, the operator must follow the procedures as outlined in its o perating 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 or any law enforcement official upon request. The4

o perator must also present updated and revised documents if it petitions for extension or amendment to this grant of exemption. If the operator determines that any update or revision would affect the basis upon which the FAA granted this exemption, then th e operator must petition for an amendment to its grant of exemption. The FA A’s UAS Integration Office (AFS− 80) may be contacted if questions arise regarding updates or revisions to the operating documents.

8. Any UAS that has undergone maintenance or altera tions that affect the UAS operation or flight characteristics, e.g. , replacement of a flight critical component, must undergo a functional test flight prior to conducting further operations under this exemption. Functional test flights may only be conduct ed by a PIC with a VO and must remain at least 500 feet from other people. The functional test flight must be conducted in such a manner so as to not pose an undue hazard to persons and property.

9. The operator is responsible for maintaining and inspecting the UAS to ensure that it is in a condition for safe operation.

10. Prior to each flight, the PIC must conduct a pre

- flight inspection and determine the UAS is in a condition for safe flight. The pre

- flight inspection must account for all potential discrepa ncies, e.g. , inoperable components, items, or equipment. 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.

11. The operator must follow the UAS manufacturer’s maintenance, overhaul, replacement, inspection, and life limit requirements for the aircraft and aircraft components.

12. Each UAS operated under this exemption must comply with all manufacturer safety bulletins.

13. Under this grant of exemption, a PIC must hold either an airline transport, commercial, private, recreational, or sport pilot certificate. The PIC must also hold a current FAA airman medical certificate or a valid U.S. driver’s license issued by a state, the District of Col u mbia, Puerto Rico, a territory, a possession, or the Federal government. The PIC must also meet the flight revi ew requirements specified in 14 CFR § 61.56 in an aircraft in which the PIC is rate d on his or her pilot certificate.

14. The operator may not permit any PIC to operate unless the PIC demonstrates the ability to safely operate the UAS in a manner consistent with how the UAS will be operated under this exemption, including evasive and emerge ncy maneuvers and maintaining appropriate distances from persons, vessels, vehicles and structures. PIC qualification flight hours and currency must be logged in a manner consistent with 14 CFR § 61.51(b). Flights for the purposes of training the operato r’s PICs and VOs5

(traini ng, proficiency, and experience

- building) and determining the PIC’s ability to safely operate the UAS in a manner consistent with how the UAS will be operated under this exemption are permitted under the terms of this exemption. Ho wever, training operations may only be conducted during dedicated training sessions. During traini ng, proficiency, and experience

- building flights, all persons not essential for flight operations are considered nonparticipants, and the PIC must operate th e UA with appropriate distance from nonparticipants in accordance with 14 CFR § 91.119.

15. UAS operations may not be conducted during night, as defined in 14 CFR § 1.1. All operations must be conducted under visual meteorological conditions (VMC). Flights under special visual flight rules (SVFR) are not authorized.

16. The UA may not operate within 5 nautical miles of an airport reference point (ARP) as denoted in the current FAA Airport/Facility Directory (AFD) or for airports not denoted with an ARP, the cen ter of the airport symbo l as denoted on the current FAA

- published aeronautical chart, unless a letter of agreement with that airport’s management is obtained or otherwise permitted by a COA issued to the exemption holder. The letter of agreement with the a irport management must be made available to the Administrator or any law enforcement official upon request.

17. 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 mil es from the PIC.

18. If the UAS loses communications or loses its GPS sign al, the UA must return to a pre

- determined location within the pr ivate or controlled

- access property.

19. The PIC must abort the flight in the event of unpredicted obstacles or emergencies

. 20. The PIC is prohibited from beginning a flight unless (considering wind and forecast weather conditions) there is enough available power for the UA to conduct the intended operation and to operate after that for at least five minutes or with the reserve power recommended by the manufacturer if greater.

21. Air Traffic Organization (ATO) Certificate of Waiver or Authorization (COA). All operations shall be cond ucted in accordance with an ATO

- issued COA. The exemption holder may apply for a new or amended CO A if it intends to conduct operations that cannot be conducted under the terms of the attached COA

. 22. All aircraft operated in accordance with this exemption must be identified by serial number, registered in accordance with 14 CFR part 47, and have identification (N− Number) markings in accordance with 14 CFR part 45, Subpart C. Markings must be as large as practicable.6

23. Documents used by the operator to ensure the safe operation and flight of the UAS and any documents required under 14 CFR §§ 91.9 and 91.203 must be available to the PIC at the Ground Control Station of the UAS any time the aircraft is operating. These documents must be made available to the Administrator or any law enforcement official upon request.

24. The UA must remain clear a nd give way to all manned aviation operations and activities at all times.

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

26. All Flight operations must be conducted at least 500 feet from all nonparticipating persons, vessels, v ehicles, 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 persons remain under such protectio n. If a situation arises where nonparticipating persons leave such protection and are within 500 feet of the UA, flight operations must cease immediately in a manner ensuring the safety of nonparticipating persons ; and b. The owner/controller of any vessels, vehicles or structures has granted permission for operating closer to those objects 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.
The PIC, VO, operator t rainees or essential persons are not considered nonparticipating persons under this exemption.

27. All operations shall be conducted over private or control led

- access property with permission from the property owner/controller or authorized representative. P ermission from property owner/controller or authorized representative will be obtained for each flight to be conducted.

28. 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 FA A's UAS Integration Office (AFS− 80) within 24 hours. Accidents must be reported to the National Transportation Safety Board (NTSB) per instructions contained on the NTSB Web site: www.ntsb.gov

. If this exemption permits operations for the purpose of closed

- set motion picture and television filming and production, the following additional conditions and limitations apply.

29. The operator must have a motion picture and television operations manual (MPTOM) as documented in this grant of exemption.7

30. At least 3 days before aerial filming, the operator of the UAS affected by this exemption must submit a written Plan of Activities to the local Flight Standards District Office (FSDO) wi th jurisdiction over the a rea of proposed filming. The 3

- day notification may be waived with the concurrence of the FSDO. The plan of activities must include at least the following:
a. Dates and times for all flights; b. Name and phone number of the operator f or the UAS aerial filming conducted under this grant of exemption;
c. Name and phone number of th e person responsible for the on

- scene operation of the UAS; d. Make, model, and serial or N− Number of UAS to be used;
e. Name and certificate number of UAS PICs involve d in the aerial filming; f. A statement that the operator has obtained permission from property owners and/or local officials to conduct the filming production event; the list of those who gave permission must be made available to the inspector upon request; g. Signature of exemption holder or representative; and h. A description of the flight activity, including maps or diagrams of any area, city, town, county, and/or state over which filming will be conducted and the altitudes essential to accomplish the operation

. 31. Flight operations may be conducted closer than 500 feet from participating persons consenting to be involved and necessary for the filming production, as specified in the exemption holder’s MPTOM.
Unless otherwise specified in this grant of exemption, the UAS, the UAS PIC, and the UAS operations must comply with all applicable parts of 14 CFR including, but not limited to, parts 45, 47, 61, and 91.8

This exemption terminates on July 31, 2017 , unless sooner superseded or rescinded.
Sincerely,

John S. Duncan Director, Flight Standards Service

EnclosuresUNITED STATES OF AMERI CA DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION

WASHI NGTON, D

. C

.

**IN THE MATTER OF THE PETITION FOR EXEMPTION OF: Scott Sheets**  **FOR AN EXEMPTION SEEKING RELIEF FROM THE REQUIREMENTS OF**

**TITLE 14 OF THE CODE OF FEDERAL REGULATIONS**  **SECTIONS 61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), AND 91.417(a) & (b) CONCERNING COMMERCIAL**  **OPERATION OF DJI PHANTOM**  **3 UNMANNED AIRCRAFT SYSTEMS** 

**PURSUANT TO SECTION 333 OF THE FAA MODE**  **RNIZATION AND REFORM ACT OF 2012**

**(PUBLIC LAW 112**

**- 95)** 

Submitted on April 22, 2015

Scott Sheets 55 Tinkham Rd Eure, NC 27935 Tel: ( 252 ) 333

- 8003

**TABLE OF CONTENTS**2 Page

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

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

IN TRODUCTI ON AND INTERESTS OF PETITIONER....................................................4

BACKGROUND................................................................................................................... .4

BASI S FOR PETITION...................... ...................................................................................5

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

THE SPECI FI C SECTIONS OF 14 C.F.R. FROM WHI CH CI NEMACAPTURE VI DEOGRAPHY SEEKS EXEMPTI ON.................................................................8

THE EXTENT OF RELIEF CI NEMACAPTURE VIDEOGRAPHY SEEKS AND THE REASON CI

NEMACAPTURE VIDEOGRAPHY SEEKS THE RELIEF..................

.................................................. ...................................... .......11

THE REASONS WHY GRANTING CI NEMACAPTURE VIDEOGRAPHY ’S REQUEST WOUL D BE IN THE PUBLIC INTEREST ...........

............. ..............15

THE REASONS WHY GRANTING THE EXEMPTI ON WOULD NOT ADVERSEL Y AFFECT SAFETY.... ......................................................................19

SUMMARY THAT CAN BE PUBLISHED IN THE FEDERAL REGI STER......34
ANY ADDITIONAL INFORMATION, VIEWS, OR ARGUMENTS AVAILABLE TO SUPPORT CI NEMACAPTURE VIDEOGRAPHY ’S REQUEST.......

.......... ............................................................................................ ..34

CONCL USION................................................................................................................... .35

APPENDI CES...................................................... ..................................373 **GLOSSARY OF ABBREVIATIONS**

AGL Above Ground Level AOI Area of Interest ATC Air Traffic Control ATO Air Traffic Organization AV Aerial Vehicle CFR Code of Federal Regulations COA Certificate of Authorization FAA Fe deral Aviation Administration
FAR Federal Aviation Regulation GCS Ground Control Station GPS Global Positioning Sy stem LOL Loss of Link NAS National Airspace Sy stem PI C Pilot I n Command Section 333 FAA Modernization and Reform Act of 2012 (FMRA) Section 333 SO Safety Observer SOP Standard Operating Procedures UA Unmanned Aircraft UAS Unmanned Aircraft Sy stem VFR Visual Flight Rules VLOS Visual L ine of Site VMC Visual Meteorological Conditions VTOL Vertical Takeoff and Landing4 **SUMMARY**

I seek 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 Sy stem pursuant to Sec tion 333 of the FAA Modernization and Reform Act of 2012 (FMRA). This exemption will permit me to operate an Unmanned Aircraft Sy stem (UAS) for the commercial purpose of conducting aerial video and photograph y for wedding videography , real estate photograp hy , special events, forestry practices , and landscape over certain areas of the United States.

**INTRODUCTION AND INTERESTS OF THE PETITIONER** I provide clients with expertise and knowledge in advanced technologies and solutions to increase efficiency , prod uctivity and effectiveness. I also provides clients with the highest qualit y digital content for use in their commercial, personal, and non

- profit multimedia projects. I have over 17 ye ars of professional experience in forestry and special event videograph y and photography

. I have over 5 ye ar of recreational/hobby experience in all aspects of aerial video and photograph y. My objective is in aerial video and photograph y operation s is to provide high qualit y imaging for a variety of forestry , comme rcial, public, and residential uses, specifically targeting:

 Forestry

Practices

 Photograph y

 In crease public knowledge of UAS and promote safe UAS operations.

**BACKGROUND** Unmanned Aircraft Sy stems: DJI Phantom 3

I seek an exemption to operate DJ I s ys tems for compensation or hire within the NAS. The DJ I Phantom 3 is a vertical takeoff and landing (VTOL) Unmanned Aircraft (UA) with a Ground Control Station (GCS) utilizing electronic tablet or smart phone sy stems. The DJ I Phantom 3 has a maximum gross weight of approximately 1280 gram , while having a length of 16 inches width of 16 inches, height of 8 inches, and a maximum speed of approximately

29 knots. The DJ I Phantom 3 UAs are equipped with four main rotors; driven b y Li thium Po ly mer battery

powered electric motors. The DJ I Phantom 3 UAs that will be operated b y me 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, Scott Sheets , 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 , hereb y petitions the Administrator to commerciall y operate the DJ I Phantom 3 UASs in the National Airspace Sy stem (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).5 In consideration of the speed, weight, size, and limited operating area associated with the unmanned aircraft and its operation, I will meet 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. Accordingl y, I request relief from Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b), as these sections se t forth requirements for maintenance that only appl y to aircraft with an airworthiness certificate. I submit that the requested relief is proper since an equivalent level of safety will be ensured. I will use my

experience 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 DJ I Phantom 3 Instruction Manual). Furthermore, I will docume nt and maintain all maintenance records for the DJ I Phantom 3 UASs. Relief from certain requirements of Section 61.113(a) and (b), entitled Private pilot privileges and limitations: Pilot in command , is requested by me to the extent necessary to allow a P ilot in Command (PI C) by meeting minimum flight

- hour and currency requirements, that the PIC is able to safel y operate the DJ I Phantom 3 UASs in a manner consistent with this exemption, including evasive and emergency maneuvers and maintaining appropriate distances from people, vessels, vehicles and structures. I seek relief from Section 91.7(a), entitled Civil aircraft airworthiness , because the DJI Phantom 3 UASs do not require an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H . As such, I submit that I will ensure that the 3 UASs are in an airworth y condition, prior to every flight, b y determining that the UASs are in compliance with the operating documents (i.e., Monthly Maintenance Log, and DJ I Phantom 3 Instruction Manual), and that the aircraft are in a condition for safe flight. I also seek an exemption from the requirements of Section 91.121, entitled Altimeter Settings , as the DJI Phantom 3 UAs will not have a t ypical barometric altimeter onboard. However, altitude infor mation of the DJ I Phantom 3 UAs will be provided to the PI C via Global Positioning S ys tem (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 my operati on of the DJ I Phantom 3 UASs within visual line of sight, at or below 4 00 feet AGL, will ensure a level of safet y equivalent to Section 91.121. Additionally , I seeks an exemption from the requirements of Section 91.151(b), entitled Fuel requirements for f light in VFR conditions

. I submit that safet y will not be affected b y operation of the DJ I Phantom 3 UAs during day light hours in visual meteorological conditions (VMC) under visual flight rules (VFR), with enough battery power to fl y for a total duration of approximately 1 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, CinemaCapture Videography provides the following information in suppo rt of its petition for exemption:

**A. Name And Address Of The Petitioner.**  The name and address of the Petitioner and point of contact is:6

Scott Sheets 55 Tinkham Rd Eure, NC 27935 Tel: (717) 713

- 8812 Email: info@cinemacapture.com
**B. The Spec ifi**  **c Sections Of 14 C.F.R. f**  **rom Which**  **Scott Sheets Seeks Exemption.** 

**1. I Seek**  **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 (PI C) of an aircraft that is carry ing passengers or propert y for compensation or hire; nor may

that person, for compensation or hire, act as PI C of an aircraft. (b) A private pilot may , for compensation or hire, act as PIC of an aircraft in connection with an y business or emplo ym ent if

— (1) The flight is only

incidental to that business or employ ment; and (2) The aircraft does not carry passengers or property

for compensation or hire.

**2. I Seek**  **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 airworth y condition.

**3. I**  **Seek Exemption From The Requirements Of Section 91.121.** Section 91.121, entitled Altimeter settings , subsection (a), states the following, in part: (a) Each person ope rating an aircraft shall maintain the cruising altitude or flight level of that aircraft, as the case may be, b y reference to an altimeter that is set, when operating

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

-- (i) The current reported altimeter setting of a stati on 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; or7 (iii) I n the case of an aircraft not equipped with a radio, the elevation of the departure airport or an appropriate altimeter setting available before departure.

**4. I Seek**  **Exemption From The Requirements Of Section 91.151(b).**
Section 91.151, entitled Fu el requirements for flight in VFR conditions , subsection (b), states the following: (b ) No person may begin a flight in a rotorcraft under VFR conditions unless (considering wind and forecast weather conditions) there is enough fuel to fly to the first point of intended landing and, assuming normal cruising speed, to fly after that for at least 20 minutes.

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

— (a) Shall have that aircraft inspected as prescribe d in subpart E of this part and shall between required inspections, except as provided in paragraph (c) of this section, have discrepancies repaired as prescribed in part 43 of this chapter[.]

**6. I Seek**  **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 b y a person authorized under § 43.7 of this chapter[.]

**7. I Seek**  **Exemption Fr om 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 prece ding 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 b y a person authorized by § 43.7 of this chapter; or8 (2) An inspection for the issuance of an airworthi ness certificate in accordance with part 21 of this chapter.

**8. I Seek**  **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 p erformed in accordance with §§ 91.411 and 91.413, each registered owner or operator shall keep the following records for the periods specified in paragraph (b) of this section: (1) Records of the maintenance, preventive maintenance, and alteration and
rec ords 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. 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. (2) Records containing the following information: (i) The total time in service of the airframe, each engine, each propeller, and each rotor. (ii) The current status of life

- limited parts of each airframe, engine, propeller, rotor, and appliance. (iii) The time since last overhaul of all items installed on the aircraft which are required to be overhauled on a specified time basis. (iv) The current inspection status of the aircraft, 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 safet y directive number and revision date . If the AD or safety directive involves recurring action, the time and date when the next action is required.9 (vi) Copies of the forms prescribed b y § 43.9(d) of this chapter for each major alteration to the airframe and currentl y installed engines, roto rs, propellers, and appliances. (b) The owner or operator shall retain the following records for the periods prescribed: (1) The records specified in paragraph (a)(1) of this section shall be retained until the work is repeated or superseded b y other wor k or for 1 ye ar after the work is performed. (2) The records specified in paragraph (a)(2) of this section shall be retained and transferred with the aircraft at the time the aircraft is sold. (3) A list of defects furnished to a registered owner or oper ator 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 I Seek**  **And The Reason I Seek**  **The Relief.**

**1. Extent Of Relief Scott Sheets Seek**  **And The Reason Scott Sheets Seek**  **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 PI C holding a private pilot or higher level certificate, as well as a current and valid airman medical certificate, and who has met certain flight

- hour and currency requirements, to conduct the proposed UAS flight operations for compensation or hire. This relief is requested since the limitations set forth in Section 61.113(a) and (b) state that a private pilot may , for compensation or hire, act as PI C of an aircraft in connection with an y business or emplo ym ent if: (1) The flight is only incidental to that business or employ

ment; and (2) The aircraft does not carry passengers or propert y for compensation or hire. As set forth more full y below, I submit that an equivalent level of safet y will be maintained because no PIC will be allowed to operate the DJ I Phantom 3 UAS except for
me. Further, I submit that all flights of the DJ I Phantom 3 UASs, conducted b y the PI C pursuant to the grant of this Petition: (1) will be incidental to Scott Sheets an d (2) will not
carr y passengers or property for compensatio n or hire.10 **2. Extent Of I Seek**  **And The Reason I Seek**  **Relief From Section 91.7(a).** Relief from Section 91.7(a) entitled Civil aircraft airworthiness , is requested to the extent required to allow Scott Sheets to determine that the DJ I Phantom 3 UASs are in airworth y condition prior to every flight b y ensuring that the UAS is in compliance with the operating documents (i.e., Operations Manual, Monthly Maintenance Log, and DJ I Phantom 3 In struction Manual). I seek the requested relief because the DJ I Phantom 3 UASs do not require an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H. Therefore, I will ensure that the DJ I Phantom 3 UASs are in airworthy condition based upon its compliance with the operating documents (i.e ., Mo nthly Maintenance Log, and DJ I Phantom 3 Instruction Manual) prior to every flight, and further, determine that the aircraft are in condition for safe flight, as stated in the conditions and limitations below.

**3. Extent Of Relief I Seek**  **And The Reason I S**  **eek 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 UASs, which utilize a barometric pressure sensor, GPS equipment, and a radio communications telemetry data link to downlink altitude information from the UA to the PI C at the ground control station (GCS). Since the FAA requires that an y altitude informati on concerning UAS operations be reported to air traffic control (ATC) in feet above ground level (AGL), I seek the requested relief because the DJI Phantom 3 UA’s altimeter may be set on the ground to zero feet AGL, rather than the local barometric pressur e 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 full y set fort h herein, an equivalent level of safet y 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 flig ht, and provides the PI C with altitude information of the UA on the heads

- up display of the GCS.

**4. Extent Of Relief I**  **Seek And The Reason I Seek**  **Relief From Section 91.151(b).**  Relief from Section 91.151(b) entitled Fuel requirements for flight in VFR conditions , is requested to the extent required to allow flights of the battery powered DJ I Phantom 3 UAs during day light hours in visual meteorological conditions (VMC), under visual flight rules (VFR), for a total duration of 15 minutes to the first poin t of intended landing and, assuming normal cruising speed, to fly after that for at least 4.5 minutes. I seek the requested relief because without an exemption from Section 91.151(b), the flight time duration of the battery powered DJ I Phantom 3 UAs will s everel y constrain the practicalit y of an y aerial video or still photo flight operations that I proposes to conduct pursuant to this Petition. Significantl y, as set forth below, the technical specifications of the DJ I Phantom 3 UASs, the DJ I Phantom 3 oper ating documents, and my proposed operating limitations, ensure that I will safel y operate the battery powered DJI Phantom 3 UAs during day light11

hours in visual meteorological conditions (VMC), under visual flight rules (VFR), with enough battery

power to f

ly for a total duration of 13.5 minutes to the first point of intended landing and, assuming normal cruising speed, to fl y after that for at least 4.5 minutes.

**5. Extent Of Relief I Seek**  **And The Reason I**  **Seek 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 appl y to aircraft with an airworthiness certificate, I request relief from these Sections because the DJ I Phantom 3 UASs do not require airworthiness certificates. As set forth more fully

below, the DJI Phantom 3 UASs meet the conditions of FMRA Section 333 for operation without an airworthiness certificate. Accordingl y I will perform maintenance, alterations, or preve ntive maintenance on the UASs using the methods, techniques, and practices prescribed in the UAS operating documents (i.e., the Operations Manual, Monthly Maintenance Log, and DJ I Phantom 3 Instruction Manual). Furthermore, I will document and maintain all maintenance records for the DJ I Phantom 3 UASs.
**D. The Reasons Why Granting Scott Sheets**  **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 b y al lowing Scott Sheets to safel y, efficiently , and economicall y perform aerial video and photograph y for forestry practices , special events, and landscape over certain areas of the United States. Additionally , use of the DJI Phantom 3 UASs will decrease conge stion of the NAS, reduce pollution, and provide significant benefits to the econom y. Notabl y, the benefits of my proposed operation of the DJ I Phantom 3 UASs will be realized without implicating any privacy issues.

**1. The Public Will Benefit From Decreas ed Congestion Of The NAS.**  The DJ I Phantom 3 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 perf orm aerial acquisitions, an exemption allowing the use of a DJ I Phantom 3 UAS would reduce the amount of manned aircraft in the NAS, reduce noise and air pollution, as well as increase the safet y of life and propert y in the air and on the ground. Furtherm ore, by

reducing the number of manned aircraft operating in the NAS, congestion around airports caused b y arriving and departing aircraft will be reduced. The DJI Phantom 3 UAs do not require an airport to takeoff or land. Li kewise, a reduction of manned a ircraft 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.12 **2. The Public Will Benefit From The Safety And Efficiency Of The DJI**  **Phantom 3**  **UASs.** Conducting aerial acquisitions with the DJI Phantom 3 UASs, instead of manned aircraft, will greatl y benefit the public by drastically

reducing the levels of air and noise pollution generated during traditional aerial video and still photograph y flight operations. By using battery

power and electric motors, the DJI Phantom 3 UASs produce no air pollution, and is the most viable environmentall y conscious alternative to the cabin class, six cy linder internal combustion engine aircraft that are t ypically utilized for aerial video and photograph y, while burning a pproximately

20

- 30 gallons per hour of leaded aviation fuel. The DJ I 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 int ernal combustion engine. By using the DJ I Phantom 3 UASs to perform aerial acquisitions, the substantial risk to life and propert y i n the air and on the ground, which is usually associated with traditional manned aircraft flight operations, will be substa ntially reduced or completel y eliminated. Aside from the lack of flight crew members located onboard the aircraft, the DJI Phantom 3 UAs (weighing approximately 2 pounds 11 ounces, at maximum gross weights with lengths of 16 inches, widths of 16 inches, an d with no fuel on board), has less phy sical potential for collateral damage to life and propert y on the ground, and in the air, compared to the manned aircraft that ty picall y conduct similar operations (weighing approximately

6,000 pounds with a wingspan o f 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 UASs Will Benefit The Economy.**  In addition to being safe and efficient, the DJ I Phantom 3 UASs are also an economical alternative to using manned aircraft to conduct similar aerial operations. As such, operation of the DJI Phantom 3 UASs will allow United States based companies, like mine , to remain competitive and contribute to growth of the U .S. econom y. Specificall y, with the rising cost of aviation fuel and the Environmental Protection Agency (“EPA”) regulatory

actions phasing out leaded aviation fuels, U.S. owned and operated companies must adopt new and alternative technology in order to r emain competitive. Operating the battery powered DJ I Phantom 3 UASs 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 trad itional manned aircraft. By operating the DJ I Phantom 3 UASs, companies such as I , can remain competitive and profitable, and therefore, provide greater job stability to employ ees and contractors, which will ultimately contribute to growth of the U.S. eco nom y. I mproved financial performance of U.S. companies, through commercial use of the DJI Phantom 3 UASs, provides a stable workforce that increases consumer spending; improves local, state, and federal tax revenues; and allows companies to invest in resea rch and development in order to remain competitive both in the United States and abroad.13 **4. There Are No Privacy Issues.** Similar to the manned aerial acquisition flight operations that have been conducted for decades, I proposed operation of the DJ I Phantom 3 UASs will not implicate an y privacy issues. Specificall y, the DJI Phantom 3 UASs will be operated onl y in compliance with operating documents (i.e., the Operations Manual, Monthly Maintenance Log, and DJ I Phantom 3 In struction Manual) which requi res property owner involvement as well as local law enforcement notification, and in accordance with the Federal Aviation Regulations, including the minimum altitude requirements of 14 C.F.R. § 91.119.
**E. The Reasons Why Granting The Exemption Would Not Adversely Affect Safety, Or How The Exemption Would Provide A Level Of Safety At Least Equal To That**  **Provided By The Rule From Which I Seek**  **Exemption. 1. Reasons Why The**  **DJI Phantom 3**  **UAs Meet The Condi**  **tions 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, my operation of the DJ I Phantom 3 UASs meet the con ditions of FMRA Section 333, and will not require an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H. Section 333 provides authority for a UAS to operate without airworthiness certification and sets forth requirements for conside ring whether a UAS will create a hazard to users of the NAS or the public, or otherwise pose a threat to national securit y. Specificall y, 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 nat ional 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 ) which types of unmanned aircraft systems, if any, as a result of their size, weight, speed, operational capability, proximity to airports and populated areas, and operation within visual line of sight do not create a hazard to users of the national airspace system or the public or pose a threat to national security; and (2 ) whether a certificate of waiver, certificate of authorization, or airworthiness certification under section 44704 of title 49, United St ates Code, is required for the operation of unmanned aircraft systems identified under paragraph (1).14 (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 requirements for the safe operation of such aircra

ft systems in the national airspace system. In seeking this exemption, I submit that the DJ I Phantom 3 UASs can operate safel y in the NAS pursuant to FMRA Section 333, as demonstrated b y: (a) the characteristics of the DJ I Phantom 3 UASs; (b) the pilot c ertification requirement; and (c) the specific operating limitations.

**a. The Specifications Of The DJI Phantom**  **3 UASs Demonstrate Its Safe**  **Characteristics.**
The DJ I Phantom 3 UASs 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 UASs.**  The technical specifications of the DJ I Phantom 3 UASs are set forth b y the DJ I Phantom 3 Specifications and Data Sheet

.

**ii. The DJI Phantom**  **3 UASs Autonomous Flight And Navigation**  **Modes Enable The UASs To Remain Within A Defined Operational Area.** 
The DJ I Phantom 3 UASs may be operated in both manual and full y autonomous flight modes. A co mplete description of the flight and navigational modes of the DJ I Phantom 3 UASs is provided at pages 25

- 35 of the DJI Phantom 3 User Manuals

.

**iii. The DJI Phantom**  **3 UASs Are Designed For Automatic Return To**  **Home Point Or Hover In The Event Of Loss Of The Control Link Or Navigation.** 
When the Control L ink is lost, the DJI Phantom 3 UAs will remain stationary , in flight, for 3 seconds or more. If, after 3 seconds, the DJ I Phantom 3 UAs do not reacquire contro l link data from the GCS, the UAs will assume that the Control L ink is lost and the UAs will return to the home position (i.e., failsafe mode) via GPS, and will descend to the takeoff position and shutdown. A complete description of the Failsafe Functions of the DJ I Phantom 3 UAS are set forth at pages 27 through 29 of the DJ I Phantom 3 User Manuals

. .

**a . Flights Of**  **DJI Phantom 3**  **UASs Will Be Conducted Pursuant To Specific Operating Limitations.**  In seeking this exemption, I propose to commercially operate DJ I Phantom 3 UASs for the purpose of conducting aerial video and photograph y over certain areas of United States, pursuant to the following specific operating limitations:15 1. Operations authorized by this grant of exemption will b e limited to the following aircraft described in the operating documents, rotorcraft UASs weighing less than 55 pounds maximum gross weight: DJ I Phantom 3 Unmanned Aircraft Sy stems. 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 photograph y. 3. The UAs may

not be flown at an indicated airspeed exceeding 20 knots. 4. The UA must be operated at an altitude of no more than 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 b y 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 PI C at all times. This requires the PIC to be able to use human vision unaided by an y device other than corrective lenses, as specified on the PI C’s FAA

- issued airman medical certificate. 6. The use of first person view (FPV) b y the PI C or safet y observer (SO) is not permitted. 7. All operations must utilize a safet y observer (SO). The SO may be used to satisfy the VLOS requirement as long as the PIC alway s maintains VL OS capability

. The SO and PI C 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 his or her designation for the duratio n of the flight. The PI C must ensure that the SO can perform the functions prescribed in the operating documents. 8. The SO must not perform any other duties bey ond assisting the PI C with seeing and avoiding other air traffic and other ground based obsta cles/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

exist s between the conditions and limitations contained in the grant of exemption and the procedures outlined in the operating documents, the conditions and limitations contained in the grant of exemption take precedence and must be followed. Otherwise, the ope rator 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 u pon 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 granted16 the exe mption, then the operator must petition for amendment to its grant of exemption. The FAA’s UAS I ntegration Office (AFS

- 80) may be contacted if questions arise regarding updates or revisions to the operating documents. 10. Prior to each flight the PI C mus t 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 UA S is found to be in a condition for safe flight. The Ground Control Station must be included in the preflight inspection. All maintenance and alterations must be properl y documented in the aircraft records. 11. Any UAS that has undergone maintenance or a lterations that affect the UAS operation or flight characteristics, e.g. replacement of a flight critical component, must undergo a functional test flight. The PI C who conducts the functional test flight must make an entry in the aircraft records.
12. Th e pre
- flight inspection must account for all potential discrepancies, e.g. inoperable components, items, or equipment, not alread y covered in the relevant sections of the operating documents. 13. The operator must follow the UAS manufacturer’s aircraft/component, maintenance, overhaul, replacement, inspection, and life limit requirements. 14. The operator must carry out its maintenance, inspections, and record keeping requirements, in accorda nce with the operating documents. Maintenance, inspection, alterations, and status of replacement/overhaul component parts must be noted in the aircraft records, including total time in service, description of work accomplished, and the signature of the au thorized 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 make an entry in the aircraft record of the corrective action taken against dis crepancies discovered between inspections.
17. The PI C 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 PI C meets the operator’s qua lification criteria and demonstrates the ability to safel y operate the UAS in a manner consistent with how the UAS will be operated under the exemption, including evasive and emergency maneuvers and maintaining appropriate distances from persons, vessels, vehicles and structures. PIC qualification flight hours must be logged in a manner consistent with 14 C.F.R. § 61.51(b). Flights for the purposes of training the operator’s PICs are permitted under the terms of the exemption. However, training operations m ay17 only be conducted during dedicated training sessions. During training, proficiency , and experience

- building flights, all persons not essential for flight operations are considered nonparticipants, and the PI C must operate the UA with appropriate distanc e from nonparticipants in accordance with 14 C.F.R. § 91.119. 19. UAS operations may

not be conducted during night, as defined in 14 C.F.R. § 1.1. All operations must be conducted under visual meteorological conditions (VMC). If flight at night is requir ed, 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 4 00 feet below or less than 2,000 feet horizontally

from a cloud or when visibility is less than 3 sta tute miles from the PI C. 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 operating documents.
23. The PI C must ab ort the flight in the event of unpredicted obstacles or emergencies in accordance with the operating documents.
24. The PI C is prohibited from beginning a flight unless (considering wind and forecast weather conditions) there is enough power to fly at no rmal 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) prior to conducting an y operations unde r the grant of exemption. This COA will also require the operator to request a Notice to Airman (NOTAM) not more than 72 hours in advance, but not less than 48 hours prior to the operation. All operations shall be conducted in accordance with airspace requ irements 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. par t 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.18 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 an y time the UAS is operating. These documents must be made available to the Administrator or an y law enforcement official upon request.
29. The U A must remain clear and y ield the right of way to all manned aviation operations and activities at all times. 30. The UAS may

not be operated b y the PIC from any moving device or vehicle. 31. Flight operations must be conducted at least 500 feet from al l nonparticipating persons (persons other than the PI C, SO, operator trainees or essential persons), vessels, vehicles, and structures unless: a. Barriers or structures are present that sufficiently protect nonparticipating persons from the UA and/or deb ris 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 PI C has made a safet y assessment of the risk of operating closer to th ose objects and determined that it does not present an undue hazard, and; c. Operations nearer to the PI C, 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/controller or authorized representative. Permission from land owner/controller or authorized representative will be obtained for each flight to be conducted. 33. Any incident , accident, 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 N ational Transportation Safet y Board (NTSB) per instructions contained on the NTSB Web site: www.ntsb.gov

. **2. Reasons Why An Exemption From The Requirements Of Section 61.113(a) And (b) Would Not Adversely Affect**  **Safety.**19 I submit that the equivalent level of safet y established by Section 61.113(a) and (b) will be maintained because no PI C will be allowed to operate the DJ I Phantom 3 UASs except Scott Sheets and that PI C has demonstrated, by meeting minimum flight

- hour and currency requirements, that the PI C is able to safely operate the DJ I Phantom 3 UAS in a manner consistent with the exemption, including evasive and emergency maneuvers and maintaining appropriate di stances from people, vessels, vehicles and structures. Considering my 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 require ments ( See Exemption No. 11062); and the airmanship skills necessary

to safely operate the DJ I Phantom 3 UAS, I submit that the additional manned airmanship experience of a commerciall y certificated pilot would not correlate to the airmanship skills necess ar y for my 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, 1 1065, 11066, 11067, 11080, 11109, 11110, 11112, 11136, 11138, 11150, 11153, 11156, 11158, 11159, 11160, 11161). I will not allow any

PIC to operate the DJ I Phantom 3 UAS except me and that PI C has demonstrated, b y meeting minimum flight

- hour requirements or the DJI Phantom 3 UAS training and currency requirements, that the PI C is able to safely operate the DJ I Phantom 3 UAS in a manner consistent with this exemption, including evasive and emergency

maneuvers and maintaining appropriate distances from peopl e, vessels, vehicles and structures. Specificall y, the PI C 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 operat ing the same make and model of UAS to be used for operations under the exemption). In addition to the hour requirements, the PI C must accomplish 3 takeoffs and landings in the preceding 90 day s (for currency purposes). As in Exemption Nos. 11062, 11138, a nd 11153, prior documented flight experience that was obtained in compliance with applicable regulations will ensure an equivalent level of safet y during my proposed operations. The Administrator has held that prior documented flight experience that was ob tained in compliance with applicable regulations would ensure safe operations, stating as follows: In Exemption No. 11062, the FAA required that prior to conducting operations for the purpose of motion picture filming (or similar operations), the PIC must have accumulated and logged, in a manner consistent with 14 CFR 61.51(b), 25 hours of total time as a UAS rotorcraft pilot including at least 10 hours logged as a UAS pilot with a multi

- rotor UAS. Prior to operations under Exemption No. 11062, the PI C mus t 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 PI C must accomplish 3 takeoffs and landi ngs in the preceding 90 day s (for currency purposes). The FAA finds that at a minimum, the flight

- hour requirements20 in Exemption No. 11062 are appropriate to practice and build proficiency in the skills necessary

to safely conduct the petitioner’s proposed operations. The FAA also finds that prior documented flight experience that was obtained in compliance with applicable regulations would satisfy this requirement. Training, proficiency , and experience

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

- building flights the PI C is required to operate the UA with appropriate distances in accordance with 14 C.F.R 91.119. Exemption No. 11138 at page 15. Acco rdingl y, I will ensure safe operations b y not allowing an y P IC to operate the DJI Phantom 3 UAS unless that PI C has demonstrated, by meeting minimum flight

- hour and currency

requirements, that the PI C is able to safel y operate the DJ I Phantom 3 UAS in
a ma nner consistent with the exemption, including evasive and emergency maneuvers and maintaining appropriate distances from people, vessels, vehicles and structures.
**3. Reasons Why An Exemption From The Requirements Of Section 91.7(a) Would Not Adversely Af**  **fect Safety.** The equivalent level of safet y established b y Section 91.7(a) will be maintained because prior to every

flight, I will ensure that the DJI Phantom 3 UAS is in an airworth y 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 circumstance s 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 safet y established b y Section 91.121 will be maintained because the altitude information of the DJ I Phantom 3 UAs will be provided to the PI C vi a 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 my operation of the DJI Phantom 3 UAs within visual line of sight, at or below 4 00 feet AGL , will ensure a level of safet y equivalent to Section 91.121. The altitude information will be generated by GPS equipment installed onboard the aircraft. Prior to each flight, a zero altitude initiation point is automatica lly established by the UASs at ground level. The FAA has previously

granted relief from Section 91.121 specific to UAS, in circumstances similar, in all material respects, to those presented herein (e.g. Exemption Nos. 11062, 11063, 11064, 11065, 11066, 1 1067, 11080, 11109, 11112, 11136, 11138, 11150, 11153, 11156, 11157, 11158, 11159, 11160, 11161). **5. Reasons Why An Exemption From The Requirements Of Section 91.151(b) Would Not Adversely Affect Safety.** 21 A grant of this exemption would ensure an equiva lent level of safety established by 14 C.F.R. Section 91.151(b) as a result of (1) the technical specifications of the DJ I Phantom 3 UASs; (2) the limitations on the proposed flight operations; and (3) the location of the proposed flight operations. Accord ingly , I will ensure that it will safely operate the battery powered DJ I Phantom 3 UAs during day light hours in VFR conditions, with enough battery

power to fly

for a total duration of 15 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 DJ I Phantom 3 UASs; the limitations on the proposed flight operations; and the location of the proposed operations, will ensu re an equivalent level of safety established b y 14 C.F.R. Section 91.151(b). Furthermore, safet y will be ensured as the DJ I Phantom 3 UASs provide audible and visual warnings to the PI C at the GCS when the UAs experiences low battery voltage, the first warning occurring at approximately 33% remaining battery

power, and again at approximately

10% remaining battery

power. At the criticall y low battery level, the DJ I Phantom 3 UASs will descend and land automatically

. Significantl y, previous exemptions gran ted b y the FAA concerning Section 91.151 establish that safet y is not adversel y 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 minimum s 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. Exempti on 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, I submit that the equivalent level of safet y 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 CinemaCapture Videography will use trained technicians to perform maintenance, alterations, or preventive maintenance on the UASs using the methods, techniques, and practices pr escribed in the operating documents (i.e., the Operations Manual, Monthly Maintenance Lo g, and DJI Phantom 3 Instruction Manual). Furthermore, I will document and maintain all maintenance records for the DJ I Phantom 3 UASs. Likewise, the exemption sought will not adversel y affect safety because I will use my experience to perform maintenance, alterations or preventive maintenance on the UAS using the methods, techniques, and practices prescribed by the operating documents. Furthermore, the exemption soug ht would maintain an equivalent level of safet y established by

Sections 91.407, 91.417(a) and 91.417(b), because all maintenance of the DJI Phantom 3 UASs will be performed by me . Maintenance will be documented and maintained utilizing the monthly maintena nce log.22 Significantl y, previous exemptions granted b y the FAA concerning Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b) establish that safet y is not adversel y affected when the technical characteristics and operating limitat ions of the UAS are considered. In consideration of my proposed operating limitations, the operating documents, and the technical aspects of the DJ I Phantom 3 UASs, I submit that safet y will not be adversel y affected b y granting exemption from 14 C.F.R. S ections 91.405(a), 91.407(a)(1) and (a)(2), 91.409(a)(2), and 91.417(a) and (b). The FAA has previousl y granted relief specific to UAS in circumstances similar, in all material respects, to those presented herein (e.g. Exemption Nos. 11062, 11063, 11064, 1 1065, 11066, 11067, 11080, 11109, 11110, 11112, 11136, 11138, 11150, 11153, 11156, 11157, 11158, 11159, 11160, 11161).
**7. The FAA May Prescribe Any Other Conditions For Safe Operation.** In accordance with Section 333 of the FAA Modernization and Reform A ct of 2012 (FMRA) and 14 C.F.R. § 21.16 entitled Special Conditions , I request that the FAA prescribe special conditions for the intended operation of the DJ I Phantom 3 UASs, which contain such safety

standards that the Administrator finds necessary to establish a level of safet y 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 photograph y over certain areas of the United States for compensation or hire. FMRA Sect ion 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 securit y; and further, provides the authority for such UAS to operate without airworthiness cer tification 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 DJ I Phantom 3 UASs, sinc e the airworthiness regulations of 14 C.F.R. Part 21 do not contain adequate or appropriate safety standards, due to the novel or unusual design features of the aircraft. Section 21.16, entitled Special Conditions , states the following: If the FAA finds that the airworthiness regulations of this subchapter do not contain adequate or appropriate safet y standards for an aircraft, aircraft engine, or propeller because of a novel or unusual design feature of the aircraft, aircraft engine or p ropeller, he prescribes special conditions and amendments thereto for the product. The special conditions are issued in accordance with Part 11 of this chapter and contain such safety

standards for the aircraft, aircraft engine or propeller as the FAA find s 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 L eading Edge’s intende d operation of the DJ I Phantom 3 UASs, which contain such safety standards that the Administrator finds necessary to establish a level of safet y 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).23

**F. A Summary That Can Be Published In The**  **Federal Register, stating: The Rules**  **From Which Scott Sheets**  **Seeks Exemption:**

Scott Sheets seeks exemption from the requi rements 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 Scott Sheets**  **Seeks:** This exemption will permit Scott Sheets 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**  **Scott Sheets’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, Scott Sheets’s request for exemption may b e granted pursuant to the authority of FMRA Section 333 and 14 C.F.R. Part 11, as set forth above. FMRA Section 333 sets forth the requirements for considering whether a UAS will create a hazard to users of the NAS or the public, or otherwise pose a threat to national securit y; and further, provides the authority for such UAS to operate without airworth iness certification. As discussed in detail above, Scott Sheets will operate the DJ I Phantom 3 UASs safel y in the NAS, without creating a hazard to users of the NAS, or the public, or otherwise pose a threat to national securit y.
**CONCLUSION** As set forth herein, Scott Sheets 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 DJ I Phantom 3 UASs commerciall y, without an airworthiness
cer tificate, for the limited purpose of conducting aerial video and photography over certain areas of the United States. By granting this Petition, the FAA Administrator will be fulfilling the Congressional mandate of the FAA Modernization and Reform Act of 2 012, while also advancing the interests of the public, b y allowing Scott Sheets to safel y, efficientl y, and economically operate the DJ I Phantom 3 UASs commercially within the NAS. **WHEREFORE** , in accordance with the Federal Aviation Regulations and the FAA Modernization and Reform Act of 2012, Section 333, Scott Sheets respectfully requests that the Administrator grant this Petition for an exemption from the requirements of 1424

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 L eading Edge to operate the DJ I Phantom 3 UASs commercially for the purpose of conducting aerial video and photograph y over certain areas of the United States. Date d: April 22, 2015

Respe ctfully submitted,

Scott Sheets

_________________________ Scott Sheets NCFS, Gates County

Ranger 55 Tinkham Rd Eure, NC 27935 Tel: ( 252 ) 333

- 8003

Appendic es :
A

– DJ I Phantom 3 Specifications Data Sheet B

– Monthly

Maintenance L og

APPENDIX

– A25 **DJI PHANTOM 3**  **TECHNICAL SPECIFICATIONS** 

I onl y utilizes safe and reliable UASs. DJ I 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 f l ight to a predetermined and set distance. In addition, DJI software provides real

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

Phantom 3 Purchased from DJ I. com Phantom 3 Specs. **Weight (Including Battery And Propellers)**  1280 g **Diagonal Size (Including Propellers)** 590 mm **Max Ascent Speed** 5 m/s **Max Descent Speed** 3 m/s **Hover Accuracy** Vertical: +/

- 10cm Horizontal: +/

- 1m **Max Speed** 16 m/s (ATTI mode, no wind) **Max Altitude Above Sea Level** 6000 m **Operating Temperature** 0°C to 40°C **GPS Mode** GPS/GL ONASS Camera **Sensor** Sony EXMOR 1/2.3” Effective pixels: 12.4 M (total pixels: 12.76 M) **Lens** FOV 94° 20 mm (35 mm format equivalent) f/2.8, focus at ∞ **ISO Range** 100

- 3200 (video) 100

- 1600 (photo) **Shutter Speed** 8s

- 1/8000s **Image Max Size** 4000 x 3000 **Still Photography Modes** Single Shot Burst Shooting: 3/5/7 shots26

Auto Exposure Bracketing (AEB): 3/5 Bracketed Frames at 0.7EV Bia s Time

- lapse **Video Recording Modes** Phantom 3 Professional UHD: 4096x2160p 24/25, 3840x2160p 24/25/30 FHD: 1920x1080p 24/25/30/48/50/60 HD: 1280x720p 24/25/30/48/50/60 Phantom 3 Advanced FHD: 1920x1080p 24/25/30/48/50/60 HD: 1280x720p 24/25/30/48/50/60 **Supp orted SD Card Types**  Micro SD Max capacity : 64 GB. Class 10 or UHS

- 1 rating required **Max Bitrate Of Video Storage** 60 Mbps **Supported File Formats** FAT32/exFAT Photo: JPEG, DNG Video: MP4, MOV (MPEG

- 4 AVC/H.264) **Operating Temperature** 0°C to 40°C Gimbal **Controllable Range** Pitch

- 90° to +30° **Stabilization** 3

- axis (pitch, roll, y aw) Vision Positioning **Max Velocity** Less than 8 m/s (when 2 m above ground) **Altitude Range** 30 cm

- 300 cm **Operating Range** 30 cm

- 300 cm **Operating Environment** Surface with clear pattern and adequate lighting (Lux > 15) Remote Controller **Operating Frequency** 2.400 GHz

- 2.483 GHz **Max Distance** 2000m (outdoors and unobstructed) **Video Output Port** USB **Operating Temperature** 1.127 Phantom 3 Pre

- Flight Inspection Check List

Pre

- Flight Check List
 Visual inspection for defects
 Batteries fully

charged and checked

- Transmitter, UAS, iPad, iPhone, approved/compatible device
 Props tightened and locked
 SD card in camera
 Lens cap removed (As necessar y)
 Antennae up and parallel
 Transmitter turned on (press once, release, then press and hold for 3 seconds)
 Ensure Transmitter is in P Mode
 UAS turned on (press once, release, then press and hold for 3 seconds)
 Flick the transformation switch on transmitter up and down 4 times quickly to convert from travel mode to flight mode or use the app
 DJI Pilot app quit and restarted, no other running apps on iPad
 Tap bar at top of app (Safe to Fl y GPS) f or full status
 Maps are cached (move the map around, zoom in an out)
 Minimum return height adjusted (check for tallest object and set accordingl y)
 UAS placed in safe launch and recover position
 Home point reprogrammed vi a app
 Area clear of people / obstructions

Flight Check Li st
 Hover close for 20 seconds. Look / L isten for defects
 Confirm expected stick operation
 Monitor battery

power
 Monitor signal strength
 Keep line

- of

- sight with UAS

o Ensure area/zone of intended flight path is clear of other aerial traffic.

o Ensure area/zone of intended flight path is clear of any electrical/power lines

o Ensure atmospheric conditions are optimal for safe operation of UAV/UAS Select a safe zone to “ditch” the UAV/UAS in the event an emergency landing is required2829303132 APPENDIX

– E

m o n t h :

_ _ _ _ _ _ _ _ _ ( y e a r :

_ _ _ _ _ _ _ _ **U A**  **S $**  **# :**  **$**

**_ _**  **_ _**  **_ _**  **_ _**  **_ _**  **_** D a t e ( I s s u e ( D i s c o v e r e d D a t e ( I s s u e (

A d d r e s s e d

S o f t w a r e ( U p d a t e s

A i r f r a m e (

E n g i n e s

P r o p e l l e r s

C a m e r a ( G i m b a l

L a n d i n g ( G e a r

V i b r a t i o n ( D a m p e n i n g

O t h e r : **M O**  **N T**  **H L**  **Y $**  **M A**  **I N**  **T E**  **N A**  **N C**  **E $** 

**L O**  **G**

I s s u e ( D e s c r i p t i o n (

& ( M a i n t e n a n c e ( C o n d u c t e d M a i n t e n a n c e ( P e r f o r m e d ( B y : ( ( ( P r i n t ( & ( S i g n