[:r-·_..,. Jr\ 1"7"**r··~** . '" :. I**~ ~** _... october 25th, 2015 r"">·-,_...**~-** ·-••-I -I Attn:U.S. Department of Transportation Docket Operations

West Building Ground Floor, Room w12-140 1200 New Jersey Ave, SE Washington, DC 20590

RE: Christopher Carter. Pro Performance Productions

- r} REQUEST AN EXEMPTION FROM THE REQUIREMENTS OF TITLE 14OF THE CODE OF FEDERAL REGULATIONS SECTIONS 61.113(a) &(b), 91.7(a), 91.121, 91.1S1(b), 91.405(a), . 91.407(a)(1), 91.409(a)(1) & (a)(2), AND 91.417(a) &(b) CONCERNING COMMERCIAL OPERATION OFDJI Phantom3 UNMANNED AIRCRAFT SYSTEMS PURSUANT TO SECTION 333OF THE FAA MODERNIZATION AND REFORM ACT OF 2012 (PUBLIC LAW 112-95) Christopher Carter PresidentPro Performance Productions 9127 Hendry Terrace Frederick Maryland 21704carterch7S@gmail.com1TABLE OF CONTENTS Page GLOSSARY OFABBREVIATIONS . ..... II •• II ••••• I •••• I•I ••• IIIII ••• I•I ••••• I •••• II•II ••• IIIIIIIIIIIIIIIIIIIIIIIII.3 SUMMARY .....••• I. I ••••••••••••••••••••• II ••••••••••••• III •• II ••••••••• IIIIIII1IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII 1,1 II14 INTRODUCTION AND INTERESTS OF PETITIONER .... II •• II ••••• I•II •••••• IIIIII •••••••••••• III •••••• 4 BACKGROUND. I •• I •••• III•I •••••• II ••• I ••••• IIIII ••••••• I ••• II ••• IIII•I •• IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII.4**\~ ~** BASIS FORPETITION I ••••• I I. I •• IIIII ••••••••• I ••••• II I. I ••• I •••••••••••••••••••• I IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII Is NAME AND ADDRESS OF PETITIONER .... IIII •••••• I ••••• II •••• I •••• IIIII •••••••••••••••••••••••• IIIIIIIIIIIII6 THE SPECIFIC SECTIONS OF14 C.F.R. FROM WHICH Pro Performance ProductionsSEEKS EXEMPTION .... I •••••••••• IIIII •••••••• I •• I •••• I ••••••••••••••••• I •••••• IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII7 THE EXTENT OF RELIEF Pro Performance Productions SEEKS AND THE REASON Pro Performance Productions SEEKS THE RELIEFO ..0...0... I •••• I. I ••• I. II •••••••• IIII ••••••••••••• II •• •10 THE REASONS WHY GRANTING Pro Performance ProductionsiS REQUEST WOULD

BEINTHE PUBLICINTEREST ...00. I ••• IIIII ••••••••• I •••••• I ••••• II•I ••••••••• III ••••• I ••

IIIIIIIIIIIIIIIIIIIIIIIIII.12 THE REASONS WHY GRANTING THE EXEMPTION TOPro Performance Productions WOULD NOT ADVERSELY AFFECT SAFETY III •••••••••• II •• I •••••••• I ••••••• I ••••• II ••••••••••• II •••••• I14 SUMMARY THAT CANBE PUBLISHED INTHE FEDERAL REGISTER .... ............... 25 ANY ADDITIONAL INFORMATION, VIEWS, OR ARGUMENTS AVAILABLE TO SUPPORT THE Pro Performance ProductionsiS REQUESTO . .............................................. 25 CONCLUSION . ..•......................................•................. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 APPENDICEsooooooooooooooooooooo.oooooooo. 26 2 GLOSSARY OF ABBREVIATIONS AGL Above Ground Level AOI Area of InterestATC Air Traffic Control ATO Air Traffic Organization

AV Aerial Vehicle CFR Code of Federal Regulations COA Certificate of Authorization FAA Federal Aviation Administration FAR Federal Aviation Regulation GCS Ground Control Station GPS Global Positioning System LOL Loss of Link NAS National Airspace System NOTAM Notice to Airman PIC Pilot In Command Section 333 FAA 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 Landing 3 SUMMARY Christopher Carter Inc, dba. Pro Performance Productions hereafter referred toasPro Performance Productions seeks exemption from the requirements of14 C.F.R BB 61.113(a} &(b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1} & (a}(2), and 91.417(a) &(b), to operate an Unmanned Aircraft System (DJI Phantom 3} pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (FMRA}. This exemption will permit PRO Performance Productions to operate an Unmanned Aircraft System (UAS} for the commercial purpose of conducting aerial video and photography of construction sites, residential and commercial real estate, civil landscapes and events over certain areas of the United States. INTRODUCTION AND INTERESTS OF THE PETITIONER Pro Performance Productions has for over five years provided their clients (which includeprivate sector businesses and non-profits, along with local state and federal agencies) with expertise and knowledge in video and multimedia marketing, advertising, public relations and training using advanced technologies and solutions. Pro Performance Productions has worked on hundreds of productions over the past 5 years in all types of locations with a perfect client and employee safety record. In the past we have supplied our clients aerial video and photography a variety of technologies. The objective ofThe Pro Performance Productions and our Unmanned Aircraft System (DJI Phantom 3) aerial operations isto

provide amore affordable, high-quality production system fora variety of governmental,

commercial, public, and residential uses, specifically targeting i Construction sites before and after i Appraisals i Real-estate marketing i Economic development i Civic landmarks i Special event coverage i Private and governmental training My staff has safely flown small RC electric quadcopters recreationally for approximately 2 years without incident.BACKGROUND Unmanned Aircraft Systems: DJI Phantom 3,UAS Pro Performance Productions seeks an exemption to operate DJI Phantom 3 system forcompensation or hire within the NAS. The DJI Phantom 3is vertical takeoff and landing

(VTOL) Unmanned Aircraft (UA) with a Ground Control Station (GCS) utilizing electronic tablet or smart phone systems. The DJI Phantom 3hasa maximum gross weight of approximately 2.8 lb. while having a diagonal dimension of 23.2i, a maximum speed of approximately 16.4ifps anda maximum flying height of 400'. The DJI Phantom 3is equipped with four main rotors; driven by Lithium Polymer battery powered electric motors. 4 .JThe DJI Phantom 3 that will be operated byPro Performance Productions will be registered in accordance with 49 U.S.C. 44103, Registration of Aircraft, as well as 14 C.F.R Part 47, Aircraft Registration, and marked in accordance with 14 C.F.R. Part 45, Identification and Registration Marking.BASIS FOR PETITIONPetitioner, Pro Performance Productions, pursuant to the provisions of the Federal Aviation Regulations (14 C.F.R. B 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,UAS in the National Airspace System (NAS), and foran exemption from the requirements of14 C.F.R BB 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, Pro Performance Productions operation ofDJI Phantom 3 UAS meets the conditions of FMRA Section 333 and therefore, will not require an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H. Accordingly, The Pro Performance Productions requests relief from Sections 91.405(a),91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) &(b), as these sections set forth requirements for maintenance that only apply to aircraft with an airworthiness certificate.Pro Performance Productions submits that the requested relief is proper since an equivalent

level of safety will be ensured. The Pro Performance Productions will use experienced personnel or technicians to perform maintenance, alterations, or preventive maintenance on the UAS using the methods, techniques, and practices prescribed in the operating documents (i.e., Monthly Maintenance Log, and DJI Phantom 3 Instruction Manual). Furthermore,Pro Performance Productions will document and maintain all maintenance records for the DJI Phantom 3UAS.Relief from certain requirements of Section 61.113(a) and (b), entitled Private pilot privileges and limitations: Pilot in command, is requested byThe Pro Performance Productions to the extent necessary to allow a Pilot in Command (PIC) holding a private pilot or higher level certificate, as well asan airman medical certificate, and who has demonstrated, by meeting minimum flighthour and currency requirements, that the PIC is able to safely operate

the DJI Phantom UAS ina manner consistent with this exemption, including evasive and emergency maneuvers andmaintaining appropriate distances from people, vessels, vehicles and structures.The Pro Performance Productions seeks relief from Section 91.7(a), entitled Civil aircraft airworthiness, because the DJI Phantom 3UASdo not require an

airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H.As such, The Pro Performance Productions submits that they will ensure that the DJI Phantom 3UAS isinan airworthy condition, prior to every flight, by determining that the UAS are in compliance with the operating documents (i.e., Monthly Maintenance Log, and DJI Phantom 3 Instruction Manual), and that the aircraft are ina condition for safe flight. 5The Pro Performance Productions also seeks an exemption from the requirements of Section 91.121, entitled Altimeter Settings, as the DJI Phantom 3UAS will not have a

typical barometricaltimeter onboard. However, altitude information of the DJI Phantom 3 UAS will be provided to the PIC via Global Positioning System (GPS) equipment and radio communications telemetry data link, which downlinks from the UAto the GCS for active monitoring of the flight path. This altitude information, combined with Pro Performance Productionsis operation of the DJI .....Phantom 3UAS within visual line of sight, ator below 400 feet AGL, will ensure a level of safety equivalent to Section 91.121. Additionally, Pro Performance Productions seeks an exemption from the

requirements of Section 91.151(b), entitled Fuel requirements for flight in VFR conditions. Pro Performance Productions submits that safety will not be affected by operation of the DJI Phantom 3UAS during daylight hours in visual meteorological conditions (VMC) under visual flight rules (VFR), with enough battery power to fly fora total duration of approximately 23 minutes. Battery power indicators are also able to show exactly how much battery power is left, as well as how much

time is needed to return safely back to point of take off. In accordance with 14 C.F.R. B 11.81, Pro Performance Productions provides the following information in support of its petition for exemption: A. Name And Address Of The Petitioner. The name and address of the Petitioner and point of contact is: Christopher Carter PresidentPro Performance Inc, dba. Pro Performance Productions 9127 Hendry Terrace Frederick Maryland 21704carterch7S@gmail.com6B. The Specific Sections Of14 C.F.R. From Which The Pro Performance Productions Seeks

Exemption.1.Pro Performance Productions Seeks Exemption From The Requirements Of Section61.113(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 asa pilot

in command(PIC) ofan aircraft that is carrying passengers or property for compensation or hire;nor may that person, for compensation or hire, act asPIC ofan aircraft.(b)A private pilot may, for compensation or hire, act asPIC ofan

aircraft inconnection with any business or employment if6 (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. The Pro Performance Productions Seeks Exemption From The Requirements Of Section 91.7(a). Section 91.7, entitled Civil aircraft airworthiness, subsection (a), states the following: (a)No person may operate a civil aircraft unless itisinan airworthy condition. 3. Pro Performance Productions Seeks Exemption From The Requirements Of Section91.121. 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 toan altimeter that is set, when operating-(1) Below 18,000 feet MSL, to-{ i)The current reported altimeter setting ofa station along the route and within 100 nautical miles of the aircraft; {ii) If there isno station within the area prescribed in paragraph {a){1){i) of this section, the current reported altimeter setting ofan appropriate available station; or (iii) In the case ofan aircraft not equipped with a radio, the elevation of the departure airport oran appropriate altimeter setting available before departure.74. Pro Performance Productions Seeks Exemption From The Requirements Of Section 91.151(b). Section 91.151, entitled Fuel requirements for flight in VFR conditions, subsection(b), states the following: (b)No person may begin a flight ina 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. The Pro Performance Productions Seeks Exemption From The Requirement Of Section

91.405(a). Section 91.405, entitled Maintenance required, subsection (a), states the following: Each owner or operator ofan aircraft6 (a) Shall have that aircraft inspected as prescribed in subpart Eof this part and shall between required inspections, except as provided in paragraph (c)of this section, · have discrepancies repaired as prescribed in part 43of this chapter[.]6.The Pro Performance Productions Seeks Exemption From The Requirements Of Section 91.407(a)(1) Section 91.407, entitled Operation after maintenance, preventive maintenance, rebuilding, or alteration, subsection (a)(1), states the following: (a)No person may operate any aircraft that has undergone maintenance, preventive maintenance, rebuilding, or alteration unless-( 1)Ithas been approved for return to service bya person authorized under B 43.7 of this chapter[.] 7. The Pro Performance Productions 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, ithas had- (1)An annual inspection in accordance with part 43of this chapter and has beenapproved for return to service bya person authorized byB 43.7 of this chapter; or(2}An inspection for the issuance ofan airworthiness certificate in accordancewith part 21of this chapter. 88.Pro Performance Productions Seeks Exemption From The Requirements Of Sections91.417(a} And 91.417(b}. Section 91.417, entitled Maintenance records, subsections (a} and (b), state thefollowing:(a} Except for work performed in accordance with BB 91.411 and 91.413,

each registered owner or operator shall keep the following records for the periods specified in paragraph (b)of this section: (1} Records of the maintenance, preventive maintenance, and alteration and records of the 100-hour, annual, progressive, and other required or approved inspections, as appropriate, for each aircraft (including the airframe} and each engine, propeller, rotor, and appliance ofan 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 tobe overhauled ona 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 aircraftand its appliances are maintained.(v) The current status of applicable airworthiness directives (AD) and safety directives including, for each, the method of compliance, the ADor safety directive number and revision date. If the ADor safety directive involves recurring action, the time and date when the next action is required. (vi) Copies of the forms prescribed byB 43.9(d) of this chapter for eachmajor alteration to the airframe and currently installed engines, rotors, propellers, and appliances. 9{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 by other work or for1year after the work isperformed.(2) The records specified in paragraph (a)(2) of this section shall be retained andtransferred with the aircraft at the time the aircraft is sold. (3)A list of defects furnished toa registered owner or operator under B 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 Pro Performance Productions Seeks And Chris Carter pro Performance productions seeks The Relief.

1. Extent Of Relief Pro Performance Productions Seeks And The Reason Pro Performance Productions Seeks Relief From Section 61.113{a) And {b). Relief from Section 61.113(a) and (b) entitled Private pilot privileges and limitations: Pilot in command, is requested to the extent necessary to allow aPIC holding a private pilot or higher level certificate, as well asa 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 Section61.113(a) and (b) state that a private pilot may, for compensation or hire, actasPIC ofan aircraft in connection with any business or employment if: (1) The flight is only incidental to that business or employment; and (2) The aircraft does not carry passengers or property for compensation or hire. As set forth more fully below, The Pro Performance Productions submits that an equivalent level of safety will be maintained because noPIC will be allowed to operate the DJI Phantom 3UAS unless that PIC has met certain flight-hour and currency requirements, demonstrating that the PIC is able to safely operate either the DJI Phantom 3UAS ina manner consistent with the operations specifications as described in this exemption, including evasive and emergency maneuvers, as well as maintaining appropriate distances from people, vessels, vehicles and structures. Further, Pro Performance Productions submits that all flights of the DJI Phantom 3UAS, conducted by the PIC pursuant to the grant of this Petition: (1) will be incidental toPro Performance Productions business; and (2) will not carry passengers or property for compensation or hire.102. Extent Of Relief Pro Performance Productions Seeks And The Reason Pro Performance Productions 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 Pro Performance Productions to determine that the DJI Phantom 3UAS are in airworthy condition prior to every flight by ensuring that the UAS is in compliance with the operating documents (i.e., the Pro Performance Productions Aerial Operations Manual, Monthly Maintenance Log, and DJI Phantom 3 Instruction Manual). Pro Performance Productions seeks the requested relief because the DJI Phantom 3UASdonotrequire an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H. Therefore, Pro Performance Productions will ensure that the DJI Phantom 3UAS are

in airworthy condition based upon its compliance with the operating documents (i.e., Monthly Maintenance Log, and DJI Phantom 3) prior to every flight, and further, determine that the aircraft are in condition for safe flight, as stated in the conditions and limitations below.3. Extent Of Relief Pro Performance Productions Seeks And The Reason Pro Performance Productions 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 3UAS, which utilize a barometric pressure sensor, GPS equipment, anda radio communications telemetry data link to downlink altitude information from the UAto 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), The Pro Performance Productions seeks the requested relief because the DJI Phantom 3UAis altimeter may be seton 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 14CFR 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 Phantom 3UAS are equipped with a barometric pressure sensor and GPS equipment, whichautomatically ensures that a ground level pressure setting will be established prior to each flight, and provides the PIC with altitude information of the UAon the headsup display of the GCS. 4. Extent Of Relief Pro Performance Productions Seeks And The Reason Pro Performance Productions Seeks 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 DJI Phantom 3UASduring daylight hours in visual meteorological conditions (VMC), under visual flight rules (VFR), fora total duration of23 minutes. Pro Performance Productions

seeks the requested relief because without an exemption from Section 91.151(b), the flight time duration of the 11 battery powered DJI Phantom 3UAS will severely constrain the practicality of any aerial video or still photo flight operations that Pro Performance Productions proposes to conduct pursuant to this Petition.Significantly, as set forth below, the technical specifications of the DJI Phantom 3UAS, the DJI Phantom 3 operating documents, and Pro Performance Productionsis proposed operatinglimitations, ensure that Pro Performance Productions will safely

operate the battery powered DJI Phantom 3UAS during daylight hours in visual meteorological conditions (VMC), under visual flight rules (VFR), with enough battery power to fly fora

total duration of23 minutes. 5. Extent Of Relief Pro Performance Productions Seeks And The Reason Pro Performance Productions Seeks Relief From Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) &(a)

(2),And 91.417(a) &(b). Since Sections 91.405(a), 91.407{a){1), 91.409(a){1) & (a)(2), and 91.417(a) &(b) only apply to

aircraft with an airworthiness certificate, Pro Performance Productions requests relief from these Sections because the DJI Phantom 3UAS do not require airworthiness certificates. As set forth more fully below, the DJI Phantom 3UAS meet the conditions of

FMRA Section 333 for operation without an airworthiness certificate. Accordingly, The Pro Performance Productions will use trained technicians to perform maintenance, alterations, or preventive maintenance on the UAS using the methods, techniques, and practices prescribed in the UAS operating documents (i.e., the The Pro Performance Productions Aerial Operations Manual, Monthly Maintenance Log,and DJI Phantom 3 Instruction Manual). Furthermore, Pro Performance Productions will document and maintain all maintenance records for the DJI Phantom 3 UAS.D. The Reasons Why Granting Pro Performance Productions Request Would BeInThe Public Interest; That Is, How It Would Benefit The Public AsA Whole. Granting the present Petition will further the public interest by allowing Pro Performance Productions to safely, efficiently, and economically perform aerial video and photography of construction sites, real estate, events and civic landscape over certain areas of the United States. Additionally, use of the DJI Phantom 3UAS will decrease congestion of the NAS, reducepollution, and provide significant benefits to the economy. Notably, the benefits ofPro Peformance Productions proposed operation of the DJI Phantom 3UAS will be realized without implicating any privacy issues. 1.The Public Will Benefit From Decreased Congestion OfThe NAS. The DJI Phantom 3UAS are battery powered and serve asa safe, efficient, and economical alternative to the manned aircraft traditionally utilized to obtain aerial imagery. By reducing the 12amount of manned aircraft needed to perform aerial acquisitions, an exemption allowing the use ofaDJI Phantom 3UAS would reduce the amount of manned aircraft in the NAS, reduce noise and air pollution, as well as increase the safety of life and property

in the air andon the ground. Furthermore, by reducing the number of manned aircraft operating in the NAS, congestion around airports caused by arriving and departing aircraft will be reduced. The DJI Phantom 3 UASdonot 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 offlight operations. 2.The Public Will Benefit From The Safety And Efficiency Of The DJI Phantom 3UAS. Conducting aerial acquisitions with the DJI Phantom 3UAS, 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 photography flight operations. By using battery power and electric motors, the DJI Phantom 3UAS produce no air pollution, and is the most viable environmentally conscious alternative to the cabin class, six cylinder internal combustion engine aircraft that are typically utilized for aerial video and photography, while burning approximately 20-30 gallons per hour of leaded aviation fuel. The DJI Phantom 3UAS, 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 3UAS to perform aerial acquisitions, the substantial risk to life and property in the air andon the ground, which is usually associated with traditional manned aircraft flight operations, will be substantially reduced or completely eliminated. Aside from the lack of flight crew members located onboard the aircraft, the DJI Phantom 3 UAS (weighing approximately 2.8 pounds at their maximum gross weight with diagonal dimension of 23.2 inches, and with no fuel on board), has less physical potential for collateral damage to life and property on the ground, and in the air, compared to the manned aircraft that typically conduct

similar operations (weighing approximately 6,000 pounds with a wingspan of approximately 42 feet, a length of34 feet, anda fuel capacity of 180 gallons). 3. Performing Aerial Video and Photography Operations With The DJI Phantom 3UAS Will Benefit The Economy. In addition to being safe and efficient, the DJI Phantom 3UAS are also an economicalalternative to using manned aircraft to conduct similar aerial operations. As such, operation of the DJI Phantom 3UAS will allow United States based companies, like Pro Performance Productions,to remain competitive and contribute to growth of the U.S. economy. Specifically, with the rising cost of aviation fuel and the Environmental Protection Agency (iEPAi) 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 3UAS isone such technology that not only allows companies greater operational 13 flexibility compared to manned aircraft, but provides such flexibility without the high operational cost ofa traditional manned aircraft. By operating the DJI Phantom 3UAS, companies such asPro Performance Productions, can remain competitive and profitable, and therefore, provide greater job stability to employees and contractors, which will ultimately contribute to growth of the U.S. economy. Improved financial performance of U.S. companies, through commercial use of the DJI Phantom 3UAS, 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,

Pro Performance Productionsis proposed operation of the DJI Phantom 3 UAS will not implicate any privacy issues. Specifically, the DJI Phantom 3UAS will be operated only in compliance with operating documents (i.e., Pro Performance Productions Aerial Operations Manual, Monthly Maintenance Log, and DJI Phantom 3 Instruction Manual) which requiresproperty owner involvement as well as local law enforcement notification, and in accordance with the Federal Aviation Regulations, including the minimum altitude requirements of14C.F.R. B 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 The Pro Performance Productions Seeks Exemption.l. Reasons Why The DJI Phantom 3UAS 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, The Pro Performance Productionsis operation of the DJI Phantom 3UAS meet the conditions of FMRA Section 333, and will not require an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H. Section 333 provides authority foraUAS to operate without airworthiness certification and sets forth requirements for considering whether aUAS will create a hazard to users of the NAS or the public, or otherwise pose a threat to national security. Specifically, FMRA Section 333 states the following, in part: {a)In General.--Notwithstanding any other requirement of this subtitle, and not later than 180 days after the date of enactment of this Act, the Secretary of Transportationshall determine if certain unmanned aircraft systems may operate safely in the national airspace system before completion of the plan and rulemaking required by

section 332 of this Act or the guidance required by section 334 of this Act. 14{b) Assessment of Unmanned Aircraft Systems.--In making the determination under subsection {a), the Secretary shall determine, ata minimum-{ 1) which types of unmanned aircraft systems, if any, asa result of their size,weight, speed, operational capability, proximity to airports and populatedareas, and operation within visual line of sight donot create a hazard to users of the national airspace system or the public or pose a threat tonational security; and (2) whether a certificate of waiver, certificate of authorization, or airworthiness certification under section 44704 of title 49, United StatesCode, is required for the operation of unmanned aircraft systems identifiedunder paragraph (1). (c) Requirements for Safe Operation.--If the Secretary determines under this section

that certain unmanned aircraft systems may operate safely in the national airspace

system, the Secretary shall establish requirements for the safe operation of such

aircraft systems in the national airspace system. In seeking this exemption, The Pro Performance Productions submits that the DJI Phantom 3UAS

can operate safely in the NAS pursuant to FMRA Section 333, as demonstrated by: (a) the characteristics of the DJI Phantom 3UAS; (b) the pilot certification requirement; and (c) the specific operating limitations. a. The Specifications OfThe DJI Phantom 3UAS Demonstrate Its Safe Characteristics.The DJI Phantom 3UAS does not create a hazard to users of the NAS or the public, or otherwise pose a threat to national security considering its size, weight, speed, and operational capability. i. Technical Specifications Of The DJI Phantom 3UAS. The technical specifications of the DJI Phantom 3UAS are set forth by the DJI Phantom 3 User Manual, attached hereto as Appendix A. ii. The DJI Phantom 3UAS Global Positioning Modes Enable The UASTo Remain Within A Defined Operational Area. The DJI Phantom 3UAS may be operated in both manual and global positioning flight modes. A complete description of the flight and navigational modes of the DJI

Phantom 3UAS is provided at pages 11of the DJI Phantom 3 User Manual attached hereto as Appendix A. iii. The DJI Phantom 3UAS Are Designed For-Automatic- Return· To Home PointOr Hover InThe Event Of Loss Of The Control Link Or Navigation.

When the Control Link is lost, the DJI Phantom 3UAS will remain stationary, in flight, for3seconds or more. If, after 3 seconds, the DJI Phantom 3UAS does not reacquire control link data from the GCS, the UAS will assume that the Control Link is lost and

the will return to the home position (i.e., failsafe mode) via GPS, and will descend to the

takeoff position and shutdown. 15A complete description of the Failsafe Functions of the DJI Phantom 3 UAS are set forth at pages 12 through 14of the DJI Phantom 3 User Manual, attached hereto as Appendix A. iv. The DJI Phantom 3GCS And Its Operation.

A complete description of the operation and specifications of the DJI Phantom 3GCS and flight control software is provided at pages 23 through 29of the DJI Phantom 3 User Manual. DJI Phantom 3 User Manual is attached hereto as Appendix A. b. Flight Operations OfDJI Phantom 3UAS Is Limited To The Line Of Sight OfACertificated Pilot in Command With A Safety Observer. Pro Performance Productions video production staff will be the only persons to act asa pilot in command (PIC) of the DJI Phantom 3UAS. Additionally, a safety observer will assist him at all times during flight time. c. Flights OfDJI Phantom 3UAS Will Be Conducted Pursuant To Specific Operating Limitations.In seeking this exemption, The Pro Performance Productions proposes to commercially operate DJI Phantom 3UAS 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 authorized by this grant of exemption will be limited to the followingaircraft described in the operating documents, rotorcraft UAS weighing less than 55 pounds maximum gross weight: DJI Phantom 3 Unmanned Aircraft Systems. Proposed operations ofany other aircraft will require anew petition ora petition toamend 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 notbe flown atan indicated airspeed exceeding 20 knots.4. The UA must be operated atan altitude ofno more than 400 feet

above ground level (AGL), as indicated by the procedures specified in the operating documents unless a special request is made and approved by ATC. All altitudes reported to ATC must be

in feet AGL. 5.The UAS must be operated within visual line of sight (VLOS) of the PIC at all times. This requires the PIC tobe able to use human vision unaided by any deviceother than corrective lenses, as specified on the PICis FAA-issued airman medicalcertificate.6.The use of first person view (FPV) by the PIC or safety observer (50) isnotpermitted.167. All operations must utilize a safety observer (50). The SOmaybe used to satisfy

the VLOS requirement as long as the PIC always maintains VLOS capability. The SO and PIC must be able to communicate verbally at all times. Electronic messaging or texting isnot permitted during flight operations. The PIC must be designated before the flight and cannot transfer his or her designation for the duration

of the flight. The PIC must ensure that theSOcan perform the functions prescribed in the operatingdocuments.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 isnot 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.

Ifadiscrepancy exists between the conditions and limitations contained in the grant of exemption and the procedures outlined in the operating documents, the conditions and limitations contained in the grant of exemption take precedence and must be followed.Otherwise, the operator must follow the procedures as outlined in its operating documents. The operator may update or revise its operating documents. Itis theoperatoris responsibility to track such revisions and present updated and reviseddocuments to the Administrator upon request. The operator must also present updated and revised documents ifit 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 FAAis UAS Integration Office

(AFS-80)may be contacted if questions arise regarding updates or revisions to the operatingdocuments.10. Prior to each flight the PIC must inspect the UAS to ensure that

itisina condition for safe flight. If the inspection reveals a condition that affects the safe operation of the UAS, the aircraft is prohibited from operating until the necessary maintenance has been performed and the UAS is found tobeina condition for safe flight. The Ground Control Station must be included in the preflight inspection. All maintenance and alterations must be properly documented in the aircraft records. 11. Any UAS that has undergone maintenance or alterations that affect the UASoperation or flight characteristics, e.g. replacement ofa 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 equipment, not already covered in the relevant sections of the operating documents. 13. The operator must follow the UAS manufactureris aircraft/ component,maintenance, overhaul, replacement, inspection, and life limit requirements.1714. The operator must carry out its maintenance, inspections, and record keepingrequirements, in accordance with the operating documents. Maintenance, inspection, alterations, and status of replacement/overhaul component parts must be noted in the aircraft records, including total time in service, description of work accomplished,and the signature of the authorized person returning the UAS to service.15. Each UAS operated under this exemption must comply with all manufacturer Safety Bulletins. 16. The authorized person must make an entry in the aircraft record of the correctiveaction taken against discrepancies discovered between inspections. 17. The PIC must possess at least a private pilot certificate and at least a current thirdclass medical certificate. 18. The operator may not permit any PIC to operate unless the PIC meets theoperatoris qualification criteria and demonstrates the ability to safely operate the UAS ina manner consistent with how the UAS will be operated under the exemption, including evasive and emergency maneuvers and maintaining appropriate

distancesfrom persons, vessels, vehicles and structures. PIC qualification flight hours must be logged ina manner consistent with 14 C.F.R. B 61.51(b). Flights for the purposes of training the operatoris PICs are permitted under the terms of the exemption. However, training operations may only be conducted during dedicated training sessions. During training, proficiency, and experience-building flights, all persons not essential for flight operations are considered nonparticipants, and the PIC must operate the UA with appropriate distance from nonparticipants in accordance with 14 C.F.R. B 91.119. 19. UAS operations may notbe conducted during night, as defined in14C.F.R. B1.1. All operations must be conducted under visual meteorological conditions (VMC). If flight at night is required, a special request will be made at the FAA office closest to proposed area of operations. Flights under special visual flight rules (SVFR) are not authorized.20. The UAmay not operate within 5 nautical miles ofan airport reference point as denoted ona current FAA-published aeronautical chart unless a letter of agreementwith that airportis management is obtained, and the operation is conducted in accordance with a NOTAM as required by the operatoris COA. The letter of agreement with the airport management must be made available to the Administratorupon request. 21. The UAmay notbe 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 toa predetermined location within the planned operating area and land orbe recovered in accordance with the operating documents. 1823. The PIC must abort the flight in the event of unpredicted obstacles or emergencies in accordance with the operating documents. 24. The PIC is prohibited from beginning a flight unless (considering wind andforecast weather conditions) there is enough power to flyat normal cruising speed to the intended landing point and land the UA with 25% battery power remaining.25. The operator must obtain an Air Traffic Organization (ATO) issued Certificate of Waiver or Authorization (COA) 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 than 72 hours in advance, but not less than 48 hours prior to theoperation. All operations shall be conducted in accordance withairspace 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 (NNumber) markings in accordance with 14 C.F.R. part 45, Subpart C. Markings must beas 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 orany law enforcement official upon request. 29. The UA must remain clear and yield the right ofway to all manned aviation operations and activities at all times. 30. The UAS may notbe operated by the PIC from any moving device or vehicle.31. Flight operations must be conducted at least 500 feet from all nonparticipating persons (persons other than the PIC, SO, operator trainees or essential persons),

vessels, vehicles, and structures unless: a. Barriers or structures are present that sufficiently protect nonparticipating persons from the UA and/or debris in the event ofan accident. The operatormust ensure that nonparticipating persons remain under such protection. Ifa situation arises where nonparticipating persons leave such protection and arewithin 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 permissionand the PIC has made a safety assessment of the risk of operating closer to

those objects and determined that it does not present an undue hazard,

and;19c. Operations nearer to the PIC, SO, operator trainees or essential persons do not present an undue hazard to those ·persons perB 91.119(a). 32. All operations shall be conducted over private or controlledaccess 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 tobe conducted. 33. Any incident, accident, or flight operation that transgresses the lateral or vertical boundaries of the operational area as defined by the applicable COA must be reported to the FAA's UAS Integration Office (AFS-80) within 24 hours. Accidents must be

reported to the National Transportation Safety Board (NTSB) per instructions contained on the NTSB Web site: www.ntsb.gov. 2. Reasons Why An Exemption From The Requirements Of Section 61.113(a) And (b)Would Not Adversely Affect Safety. The Pro Performance Productions submits that the equivalent level of safety established by Section 61.113(a) and (b) will be maintained because noPIC will be allowed to operate the DJI Phantom 3UAS unless that PIC has demonstrated, by meeting minimum flight-hour and currency requirements, that the PIC is able to safely operate the DJI Phantom 3 UAS ina mannerconsistent with the exemption, including evasive and emergency maneuvers and maintaining appropriate distances from people, ·vessels, ·vehicles and structures. Considering Pro Performance Productionsis proposed area of operations, and the operatinglimitations set forth-above; the parallel nature of private pilot aeronautical knowledge requirements to those of commercial pilot requirements (See Exemption No. 11062); and the airmanship skills necessary to safely operate the DJI Phantom 3UAS, Pro Performance Productions submits that the additional manned airmanship experience ofa commercially certificated pilot would not correlate to the airmanship skillsnecessary for Pro Performance Productions 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). Pro Performance Productions will not allow any PIC to operate the DJI Phantom 3UAS unless that PIC has demonstrated, by meeting minimum flight-hour requirements or the DJI Phantom 3 UAS training and currency requirements, that the PIC is able to safely operate the DJI Phantom 3 UAS ina manner consistent with this exemption, including evasive and emergency maneuvers and maintaining appropriate distances from people, vessels, vehicles and structures. Specifically, the PIC must have accumulated and logged, ina manner consistent with 14 C.F.R. B

61.51(b), 25 hours of total time asaUAS rotorcraft pilot (with a minimum of5 hours of those 20hours asaUAS pilot operating the same make and model ofUAS tobe used for operations under

the exemption). In addition to the hour requirements, the PIC must accomplish 3 takeoffs and landings in the preceding 90 days (for currency purposes). Asin 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 Pro Performance Productionsis 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 thepurpose of motion picture filming (or similar operations), the PIC must have accumulated

and logged, ina manner consistent with 14CFR 61.51(b), 25 hours of total time asa UAS rotorcraft pilot including at least 10 hours logged as aUAS pilot with a multi-rotor UAS. Prior to operations under Exemption No. 11062, the PIC must also have accumulated and logged a minimum of5 hours asaUAS pilot operating

the same make and model ofUAS tobe used for operations under the exemption. For clarification, the FAA considers these minimum hour requirements tobe inclusive rather than additive; i.e. 5 hours make and model time may be included in the 10 hours of multirotor 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 ata minimum, the flight-hour requirements in Exemption No. 11062 are appropriate to practice and build proficiency in the skills necessary to safely conduct the petitioneris proposed operations. The FAA also finds that prior documented flight experience that was obtained in compliance with applicable regulations would satisfy this requirement. Training, proficiency, and experience-building flights can also be conducted under the grant of exemption to accomplish the required flight time. During training, proficiency, and experience-building flights the PIC is required to operate the UA with appropriate distances in accordance with 14 C.F.R 91.119. Exemption No. 11138 at page 15. Accordingly, Pro Performance Productions will ensure safe operations by not allowing any PIC to operate the DJI Phantom 3UAS unless that PIC has demonstrated, by meeting minimumflight-hour and currency requirements, that the PIC is able to safely operate the DJI Phantom 3 UAS ina manner consistent with the exemption, including evasive and emergency maneuvers and maintaining appropriate distances from people, vessels, vehicles and structures.3. Reasons Why An Exemption From The Requirements Of Section 91.7(a) Would NotAdversely Affect Safety. 21The equivalent level of safety established by Section 91.7(a) will be maintained because prior to every flight, Pro Performance Productions will ensure that the DJI Phantom 3UAS isinan airworthy condition based upon the UASis 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, 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 NotAdversely Affect Safety. The equivalent level of safety established by Section 91.121 will be maintained because the altitude information of the DJI Phantom 3UAS will be provided to the PIC via GPS equipment anda radio communications telemetry data link, which downlinks from the UAto the GCS for active monitoring of the flight path and altitude. This altitude information, combined with The Pro Performance Productionsis operation of the DJI Phantom 3UAS within visual line of sight, at or below 500 feet AGL, will ensure a level of safety equivalent to Section 91.121. The altitude information will be generated byGPS equipment installed onboard the aircraft. Prior to each flight, a zero altitude initiation point is automatically established by the UAS at ground level. The FAA has previously granted relief from Section 91.121 specific to UAS, in circumstances similar, in all material respects, to those presented herein (e.g. Exemption Nos. 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11112, 11136, 11138, 11150,11153, 11156, 11157, 11158, 11159, 11160, 11161). 5. Reasons Why An Exemption From The Requirements Of Section 91.151{b) Would NotAdversely Affect Safety. A grant of this exemption would ensure an equivalent level of safety established by14 C.F.R. Section 91.151{b) asa result of{1) the technical specifications of the DJI Phantom 3UAS; {2) the limitations on the proposed flight operations; and (3) the location of the proposed flight operations. Accordingly, The Pro Performance Productions will ensure that it will safely operate the battery powered DJI Phantom 3UAS during daylight hours in VFR conditions, with enough battery power to fly fora total duration of23 minutes. Here, asin Exemption No. 11109, the technical specifications of the DJI Phantom 3UAS; the limitations on the proposed flight operations; and the location of the proposed operations, will ensure an equivalent level of safety established by14 C.F.R. Section 91.151{b). Furthermore, safety will be ensured as the DJI Phantom 3UAS provide audible and visual warnings to the PIC at the GCS when the UAS experiences low battery voltage, the first warning occurring at approximately 33% remaining battery power, and again at approximately 10% remaining battery

22power. At the critically low battery level, the DJI Phantom 3UAS will descend and landautomatically. Significantly, previous exemptions granted by the FAA concerning Section 91.151 establish that

safety is not adversely affected when the technical characteristics and operating limitations of the UAS are considered. Relief has been granted for manned aircraft to operate at less than the minimums prescribed in Section 91.151, including Exemption Nos. 2689, 5745, and 10650. Moreover, the FAA has previously granted relief from Section 91.151 specific to UAS, incircumstances similar, in all material respects, to those presented herein (e.g. Exemption Nos.

8811, 10808, 10673, 11042, 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110, 11136, 11138, 11150, 11153, 11156, 11157, 11158, 11159, 11160, 11161). 6. Reasons Why An Exemption From The Requirements Of Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), And 91.417(a) &(b) Would Not Adversely Affect Safety. In seeking this exemption, The Pro Performance Productions submits that the equivalent level of safety with regard to the regulatory maintenance and alteration requirements established by Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) &(b) will bemet because Pro Performance Productions will use trained technicians to perform maintenance, alterations, or preventive maintenance on the UAS using the methods, techniques, and practices prescribed

in the operating documents (i.e., Pro Performance Productions Aerial Operations Manual, Monthly Maintenance Log, and DJI Phantom 3 Instruction Manual). Furthermore, Pro Performance Productions will document and maintain all maintenance records for the DJI Phantom 3UAS.Since the DJI Phantom 3UAS will be inspected as prescribed by the operating documents, The Pro Performance Productions will maintain the equivalent level of safety established by Sections 91.405(a), 91.409(a}(1}, and 91.409(a}(2). A copy of the DJI Phantom 3 User Manuals are attached hereto as Appendix AandB;a copy of the DJI Phantom 3UAS Maintenance LOG is attached hereto as Appendix C. Likewise, the exemption sought will not adversely affect safety because Pro Performance Productions will use trained technicians to perform maintenance, alterations or preventive maintenance on the UAS using the methods, techniques, and practices prescribed by the

operating documents.Furthermore, the exemption sought would maintain an equivalent level of safety established by Sections 91.407, 91.417(a) and 91.417(b), because all maintenance of the DJI Phantom 3UASwill be performed by trained technicians. Maintenance will be documented and maintained

utilizing the monthly maintenance log. Significantly, previous exemptions granted by the FAA concerning Sections 91.405(a),91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) &(b) establish that safety is not adversely affected when the technical characteristics and operating limitations of the UAS are considered. 23In consideration of Pro Performance Productionsis proposed operating limitations, the operating documents, and the technical aspects of the DJI Phantom 3UAS, The Pro Performance Productions submits that safety will not be adversely affected by granting exemption from 14 C.F.R. Sections 91.405(a), 91.407(a)(1) and (a)(2), 91.409(a)(2), and 91.417(a) and (b). The FAA has previously granted relief specific to UAS in circumstances similar, in all material respects, to those presented herein (e.g. Exemption Nos. 11062, 11063, 11064, 11065, 11066, 11067, 11080,11109, 11110, 11112, 11136, 11138, 11150, 11153, 11156, 11157, 11158, 11159, 11160, 11161).7. The FAA May Prescribe Any Other Conditions For Safe Operation. In accordance with Section 333 of the FAA Modernization and Reform Act of 2012 (FMRA) and 14 C.F.R. B 21.16 entitled Special Conditions, The Pro Performance Productions requests that the FAA prescribe special conditions for the intended operation of the DJI Phantom 3UAS, which contain such safety standards that the Administrator finds necessary to establish a level of safety equivalent to that established by14 C.F.R. Part 21, Subpart H, and 14 C.F.R BB 61.113(a)

& (b), 91.7 (a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a) (1)& (a)(2), and 91.417(a)

& (b). Such special conditions will permit safe operation of the UAS for the limited purpose of conducting aerial video and photography over certain areas of the United States for compensation or hire. FMRA Section 333 sets forth the requirements forconsidering whether a UAS will create a hazard to users of the NAS or the public, or otherwise pose a threat to national security; and further, provides the authority for such UAS to operate without airworthinesscertification 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 to14 C.F.R. B 21.16, for operation of the DJI Phantom 3UAS, since the airworthiness regulations of14 C.F.R. Part 21do 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 containadequate or appropriate safety standards foran aircraft, aircraft engine, or propeller because ofa novel or unusual design feature of the aircraft, aircraft

engine or propeller, he prescribes special conditions and amendments thereto for the product. The special conditions are issued in accordance with Part 11of 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. B 21.16. Therefore, in accordance with FMRA Section 333 and 14 C.F.R. B 21.16, the FAA mayprescribe special conditions for Leading Edgeis intended operation of the DJI Phantom 3UAS, which contain such safety standards that the Administrator finds necessary to establish a level of safety equivalent to that established by14 C.F.R. Part 21, Subpart H, and 14 C.F.R Sections

2461.113(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). iA Summary That Can Be Published In The Federal Register, stating: TheRules From Which Pro Performance Productions Seeks Exemption: Pro Performance Productions seeks exemption from the requirements of

14 C.F.RSections 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 Pro Performance P reduct ions Seeks:This exemption will permit Pro Performance Productions to commercially operate an Unmanned Aircraft System (UAS) for the purpose of conducting aerial video andphotography over certain areas of the United States. iAny Additional Information, Views, Or Arguments Available To Support Pro Performance Productionsis 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, Pro Performance Productionsis request for exemption may be granted pursuant to the authority of FMRA Section 333 and 14 C.F.R. Part 11,as set

forth above.

FMRA Section 333 sets forth the requirements for considering whether a

UAS will create a hazard to users of the NAS or the public, or otherwise pose a threat to national security; and further, provides the authority for such UAS to operate without airworthiness certification. As discussed in detail above, The Pro Performance Productions will operate the DJI Phantom 3 UAS safely in the NAS, without creating a hazard to users of the NAS,

or the public, or otherwise pose a threat to national security. CONCLUSIONAs set forth herein, Pro Performance Productions seeks an exemption pursuant to14 C.F.R. B 11.61 and Section 333 of the FAA Modernization and Reform Act of 2012 (FMRA), which will permit safe operation of the DJI Phantom 3UAS commercially, without an airworthiness certificate, for the limited purpose of conducting aerial video and photography over certain areas of the United States. By granting this Petition, the FAA Administrator will be fulfilling the Congressional mandate of the FAA Modernization and Reform Act of 2012, while alsoadvancing the interests of the public, by allowing The Pro Performance Productions to safely, efficiently, and economically operate the DJI Phantom 3UAS commercially within the NAS. 25 WHEREFORE, in accordance with the Federal Aviation Regulations and the FAA Modernization and Reform Act of 2012, Section 333, Pro Performance Productions respectfully requests that the Administrator grant this Petition foran exemption from the requirements of14 C.F.R Sections 61.113(a) &(b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a) (1),91.409(a)(1) & (a)(2), and 91.417(a) &(b), and permit Leading Edge to operate the DJI Phantom 3UAS commercially for the purpose of conducting aerial video and photography over certain areas of the United_States. Dated :.-.3-o:Ae 10 opnerresidentPro Performance Productions 9127 Hendry Terrace Frederick Maryland 21704 301-742-1740 carterch7S@gmail.com Appendices:t An Link to DJI Phantom 3 Manual: Click on link below http://download.djiinnovations. com/downloads/phantom_3/en/ Phantom_3_Professional_User_Manual_v1.2_en.pdf26**~** 27