July 17, 2015

U.S. Department of Transportation

Docket Management System

1200 New Jersey Ave, SE.,

Washington, DC 20590

RE: Exemption Request Section 333 of the FAA Reform Act of the Federal Aviation

Regulations from 14 C.F.R. 61.113(a) & (b); 91.119(c); 91.121; 91.151(a); 91.405(a);

91.407(a)(1); 91.409 (a)(1) & (a)(2); 91.417(a) & (b);

Attachments:

1. Phantom 3 Professional User Manual V1.0

2. Phantom 3 Professional Quick Start Guide V1.0

3. Phantom 3 Safety Guidelines and Disclaimer V1.0

References:

1. FAA Exemption No. 11138, Regulatory Docket No. FAA­2014­0481 in the matter of the

petition of DOUGLAS TRUDEAU

2. FAA Exemption No. 11136, Regulatory Docket No. FAA–2014–0508 in the matter of

the petition of ADVANCED AVIATION SOLUTIONS LLC

3. FAA Exemption No. 11080, Regulatory Docket No. FAA­2014­0355 in the matter of the

petition of FLYING CAM INC

4. FAA Exemption No. 12045, Regulatory Docket No. FAA­2015­1538 in the matter of the

petition of VICTOR VIGLIANTI

5. FAA Exemption No. 12022, Regulatory Docket No. FAA­2015­1515 in the matter of the

petition of KEVIN JONES
Dear Sir or Madam,

In accordance with the FAA’s Guidelines for Submitting a Petition for Exemption under section

333 of the FAA Modernization and Reform Act of 2012, image360, INC, referred to hereafter as

the petitioner, requests exemption from the following sections of Title 14, Code of Federal

Regulations §§

61.113(a) & (b); 91.119(c); 91.121; 91.151(a); 91.405(a); 91.407(a)(1); 91.409 (a)(1) & (a)(2);

91.417(a) & (b);

This proposed exemption would allow the operation of unmanned aircraft systems (UAS)

commercially in airspace regulated by the Federal Aviation Administration (FAA) for the

purposes of aerial photography, cinematography, videography, and other flight operations that

could be performed safely and more cost effectively with the use of small UAS at low altitude

within the U.S. national airspace system as compared to a manned aircraft. Operations will be

performed only at the request of and with the authorization and permission of clients or their

authorized agents in order to improve incident pre­planning and raise awareness of the beneficial

uses of small unmanned air systems. So long as such operations are conducted within and under

the conditions outlined herein or as may be established by the FAA as required by Section 333.

The conditions identified and proposed by the petitioner are drawn from references 1­3.

Thank you for your attention to this matter.

Sincerely,

Kuk Kim

Chief Executive Officer of image360, INC

16 W 32nd Street Penthouse

New York, NY 10001

Cell: (212) 216­0601

Email: info@goi360.com
The Federal Aviation Regulations (FARs)

The petitioner seeks exemption from the above mentioned FARs for the following reasons;

Section 61.113(a) & (b)

The petitioner requests relief in order to facilitate the utilization of an experienced UAS operator.

Any pilots operating under this exemption would be required to comply with any conditions as

set forth and in a similar fashion to the previously granted exemptions.

Section 91.119(c)

As referenced in Exemption 11138 (DOUGLAS TRUDEAU), operations conducted closer than

500 feet to the ground may require that the UA be operated closer than 500 feet to essential

persons, or objects that would not be possible without additional relief. The petitioner requests

waiver for this condition to allow reasonable and responsible operations in areas of subdivisions

and neighborhoods if required. The petitioner will primarily operate the UAS between ground

level and 200 feet. The UAS will be operated over designated properties with the consent of the

local municipality or their designated agent and while maintaining a safe distance from persons.

Section 91.121

As referenced in Exemption 11138 (DOUGLAS TRUDEAU) is inapplicable since the UAS does

not have an altimeter and instead utilizes electronic GPS with a barometric sensor for altitude

information.

Section 91.151(a)

As referenced in Exemption 11136 (ADVANCED AVIATION SOLUTIONS LLC) prior relief

has been granted for manned aircraft to operate at less than the prescribed minimums, including

Exemption Nos. 2689, 5745, and 10650. In addition, similar UAS­specific relief has been

granted in Exemption numbers 8811, 10808, and 10673 for daytime, VFR conditions. The UAS

provides battery power remaining in percent to the PIC. The UA batteries provide approximately

20 minutes of powered flight. Information provided in the operating documents discusses

procedures regarding remaining battery power management. Those documents contain a

condition in which the PIC will initiate a landing procedure when battery remaining reaches a

specified level. Given the limitations on proposed operations and the location of those proposed

operations, the FAA found that a reduced minimum power reserve for flight in daytime VFR

conditions was reasonable.
Section 91.405(a); 91.407(a)(1); 91.409(a)(1) & (a)(2); 91.417(a) & (b)

As discussed in Exemption 11138 (DOUGLAS TRUDEAU), the petitioner proposes to take

aerial photography and videography and ensure that the UAS is in a condition for safe flight in

accordance with the operating documents. The FAA found that adherence to the petitioner’s

operating documents and the conditions and limitations specified, describing the requirements

for maintenance, inspection, and record keeping, were sufficient to ensure that safety would not

be adversely affected.

The UAS ­ DJI Phantom 3 professional

As found in Exemption No. 11138 (Trudeau), the FAA recently approved similar use of a

PHANTOM 2 UAS. We will operate a UAS, the DJI Phantom 3 Professional, which is

comprised of an unmanned aircraft (UA or Phantom), an attached 4K camera and a transportable

ground station. The PHANTOM 3 is a quad­copter with a gross weight of 2.8 pounds. It is

equipped with four rotors that are driven by electric motors powered by batteries. The UA has a

maximum airspeed of 16 m/s. It will be operated over various metropolitan areas, primarily

around New York City to augment high quality aerial photography, cinematography,

videography, and related business operations.

The Phantom 3 UAS that the petitioner will be responsible for also utilizes a mobile ground

station. The UAS features a safety Return to Home function that in the event of a signal loss, the

UAS will return to a preset position and land. The Return to Home feature can also be triggered

manually. The remote connects to your phone or tablet, and a 720p HD view of everything your

camera sees as you fly is displayed live. This immersive view streams to you in absolute clarity,

enabling safe flying. From takeoff to landing, the Phantom 3 responds to commands while

automatically handling the most complex aspects of safe, stable flight.

Public interest

Use of the UAS’s in lieu of a manned aircraft would enhance safety and reduce the

environmental impact as compared to similar operations conducted with manned aircrafts.

Additionally, use of the UAS’s in order to facilitate commerce could lead to economic growth.

Operations for this petition will enable service for customers or their designees seeking an

enhanced perspective for commercial of their desired photographic subjects that cannot be

displayed through ground level photography or videography.

However, it's expense has been cost­prohibitive for small business owners. Granting this

exemption to this petitioner would allow this petitioner to provide this service at a much lower
cost. UAS will pose no threat to the public given its small size and lack of combustible fuel when

compared to manned aircraft. This in turn allows businesses to better serve their clients,

increasing the public benefit as a whole.

Conclusion

This petitioner, Kuk Kim, is requesting this exemption for the purposes of “aerial photography,

cinematography, videography, and other flight operations”. ​The petitioner's business model is of

the idea of offering ad hoc small UAS’s services to individuals or business entities who wish to

employ these services as a safe, effective, and legal option to enhance their business or hobby.

Currently, many other UAS operators are conducting business in exactly as described above

without FAA authorization. The petitioner has refrained from engaging in commercial use of the

UAS’s. The primary purpose of seeking this exemption is to obtain the capability to offer those

services while remaining in compliance.

In conclusion, as set forth above, Kuk Kim seeks an exemption pursuant to 14 C.F.R. 11.61 and

Section 333 of the FAA Modernization and Reform Act of 2012, which will permit safe

operation of the DJI Phantom 3 UAS commercially for the special purpose of conducting aerial

photography and videography. The Administrator will be assisting small business by granting

this petition. In accordance with the FAA Modernization and Reform Act of 2012, Kuk Kim

respectfully requests that the FAA Administrator grants this petition for exemption from TITLE

14 OF THE CODE OF FEDERAL REGULATIONS SECTIONS 61.113(a) & (b); 91.119(c);

91.121; 91.151(a); 91.405(a); 91.407(a)(1); 91.409 (a)(1) & (a)(2); 91.417(a) & (b)