August 24

, 2015

Exemption No. 12576

Regulatory Docket No. FAA

− 20 15

− 2360

Mr. Dustin L. Gwin

Dustin Gwin Photography

3024 NW 70th Street

Oklahoma City, OK 73116

Dear Mr. Gwin :

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 May 29, 2015 , you petitioned the Federal Aviation Administration (FAA) on

behalf of Dustin Gwin Photography ( hereinafter petitioner or operat or ) for an exemption . The

petitioner requested to operate an unmanned ai rcraft system (UAS) to conduct aerial

photography and videography.

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 this petition would be detrimental to the petitioner

.

Airworthiness Certification

The UAS proposed by the petitioner are the DJI Phantom 2 Vision+, DJI Phantom 3, and DJI

Inspire 1

.

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 Transportation2

has determined that this aircraft meets the conditions of Section 33 3. Therefore, the FAA

finds that relief from 14 CFR part 21

, C ertification procedures for products and parts,

Subpart H

— Airworthiness Certificates , and any associated noise certification and testing

requirements of part 36, is not necessary.

The Basis for Our Decision

You have 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 Aer ial ( 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 propo rtions, carrying crew in

addition to flammable fuel, gives the FAA good cause to find that the 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 a ll 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 present; 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 th e Administrator, Dustin Gwin Photography 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, Dustin Gwin Photography 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 (particulate 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 grant of exempt ion are limited to the DJI Phantom 2

Vision+, DJI Phantom 3, and DJI Inspire 1 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 fo r 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

compl iance 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 must 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 le nses, as specified on the PIC’s FAA

- issued airman 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 de signated before the flight and cannot transfer 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

op erations in accordance with the conditions and 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 between 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 mus t follow the procedures as outlined in its operating

documents. The operator may update or revise its operating documents. It is the4

operator’s responsibility to track such revisions and present updated and revised

documents to the Administrator or any l aw enforcement official upon request. The

operator 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 w hich the FAA granted this exemption, then

the 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 alterations 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 conducted 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 i s 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 inspec tion must account for all

potential discrepancies, 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 maintenanc e 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 rated 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 emergency maneuvers and

maintaining appropriate distances from persons, vessels, vehicles and structures. PIC5

qualification flight hours and currency must be logged in a manner consistent with

14 CFR § 61.51(b). Fli ghts for the purposes of training the operator’s PICs and VOs

(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 per mitted under the terms of this exemption. However,

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 the 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 curre nt FAA Airport/Facility Directory (AFD) or for airports not

denoted with an ARP, the center 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 otherwi se permitted by a COA issued to the exemption

holder. The letter of agreement with the airport 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 miles 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 prope rty.

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

int ended 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 ac cordance with an ATO

- issued COA. The

exemption holder may apply for a new or amended COA 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 ide ntified 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 and 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, vehicles, and structures unless:

a. Barriers or structures are present that sufficiently protect nonparticipating persons

from the UA and/or debris in the event of an a ccident. 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 in a mann er 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 tho se objects and determined that it does not

present an undue hazard.

The PIC, VO, operator trainees 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.

Permission 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 addition al 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) with 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 l east the following:

a. Dates and times for all flights;

b. Name and phone number of the operator for 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 involved 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 eve nt; 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 st ate 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 spe cified 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 August 31, 2017 , unless sooner superseded or rescinded.

Sincerely,

/s/

John S. Duncan

Director, Flight Standards Service

EnclosuresUNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

FEDERAL AVIATION ADMINISTRATION

WASHINGTON, DC

Regulatory Docket No.

IN THE MATTER OF THE PETITION FOR EXEMPTION OF:

Dustin Gwin Photography

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 2 VISION+, DJI PHANTOM 3

PROFESSIONAL AND DJI INSPIRE 1 UNMANNED AIRCRAFT SYSTEMS

PURSUANT TO SECTION 333 OF

THE FAA MODERNIZATION AND REFORM ACT OF 2012

(PUBLIC LAW 112

- 95)

Submitted on M ay 29 th

, 2015

Dustin L Gwin

Dustin Gwin Photography

3024 NW 70 th St.

Oklahoma City, OK 73116

Tel: (405) 837

- 9777TABLE OF CONTENTS

Page

GLOSSARY OF ABBREVIATIONS.

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

SUMMARY.

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

INTRODUCTION AND INTERESTS OF PETITIONER

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

BACKGROUND

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

BASIS FOR PETITION.

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

NAME AND ADDRESS OF PETITIONER

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

THE SPECIFIC SECTIONS OF 14 C.F.R. FROM WHICH DUSTIN GWIN

PHOTOGRAPHY SEEKS EXEMPTION.

................................ ............................... 8

THE EXTENT OF RELIEF DUSTIN GWIN PHOTOGRAPHY SEEKS AND

THE REASON DUSTIN GWIN PHOTOGRAPHY SEEKS THE

RELIEF..............

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

THE REASONS WHY GRANTING DUSTIN GWIN PHOTOGRAPHY’S

REQUEST WOULD BE IN THE PUBLIC INTEREST

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

THE REASONS WHY GRANTING THE EXEMPTION WOULD NOT

ADVERSELY AFFECT SAFET Y

................................ ................................ ......... 19

SUMMARY THAT CAN BE PUBLISHED IN THE FEDERAL REGISTER.

.... 34

ANY ADDITIONAL INFORMATION, VIEWS, OR ARGUMENTS

AVAILABLE TO SUPPORT DUSTIN GWIN PHOTOGRAPHY’S REQUEST...

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

CONCLUSION

................................ ................................ ................................ ................... 35

APPENDICES........................................................................................37

2GLOSSARY 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 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) Section 333

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

3SUMMARY

Dustin Gwin Photography seeks exemption from the requirements of 14 C.F.R §§

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

and 91.417(a) & (b), to operate an Unmanned Aircraft System pursuant to Section 333 of

the FAA Modernization and Reform Act of 2012 (FMRA). This exemption will permit

Dustin Gwin Photography to operate an Unmanned Aircraft System (UAS) for the

commercial purpose of conducting aer ial video and photography of construction sites, real

estate, and landscape over certain areas of the United States.

INTRODUCTION AND INTERESTS OF THE PETITIONER

Dustin Gwin Photography provides its clients with expertise and knowledge in the

fields of photography and videography

. Dustin Gwin Photography has been in business for

5 years and has worked with many clients on races, special events and weddings. Dustin

Gwin Photography is experienced in all aspects of videography and photography. The

objective of Dustin Gwin Photography’s aerial video and photography operations is to

provide low cost, high quality imaging for a variety of commercial and residential

customers. As well as t o provide search and rescue services as required with local

emerg ency management and to increase the public’s knowledge of UAS and promote safe

UAS operations.



### Unmanned Aircraft Systems: DJI Phantom 2 Vision+, DJI

Phantom 3 Professional DJI Inspire 1 UASs

Dustin Gwin Photography seeks an exemption to operate DJI systems for

compensation or hire within the NAS. The DJI Phantom 2 Vision+, DJI Phantom 3

Professional and DJI Inspire 1 are vertical takeoff and landing (VTOL) Unmanned Aircraft

(UA) with a Ground Control Station (GCS) utilizing electronic tablet or smart phone

4systems. The DJI Phantom 2 Vision+ has a maximum gross weight of approximately 2

pounds 11 ounces, while having a length of 16 inches width of 16 inches, height of 8

inches, and a maximum speed of a pproximately 29 knots. The DJI Phantom 3 Profession al

has a maximum gross weight of 2 pounds 11 ounces, while having a length of 16 inches

width and of 16 inches, height of 8 inches and a maximum speed of approximately 31

knots. The DJI Inspire 1 has a maximum gross weight of 6 pounds 7.5 ounces, a length of

17.3 inches, width of 17.7 inches, height of 11.8 inches, and a maximum speed of

approximately 42 knots. The DJI Phantom 2 Vision+ , DJI Phantom 3 Professional and DJI

Inspire 1UAs are equipped with four main rotors; driven by Lithium Polymer battery

powered electric motors.

The DJI Phantom 2 Vision+ , DJI Phantom 3 Professional and DJI Inspire 1 UAs that

will be operated by Dustin Gwin Photography 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, Dustin Gwin Photography, pursuant to the provisions of the Federal

Aviation Regu lations (14 C.F.R. § 11.61) and the FAA Modernization and Reform Act of

2012 (FMRA), Section 333, Special Rules for Certain Unmanned Aircraft Systems

, hereby

petitions the Administrator to commercially operate the DJI Phantom 2 Vision+ , DJI

Phantom 3 Professional and DJI Inspire 1 UASs in the National Airspace System (NAS),

and for an exemption from the requirements of 14 C.F.R §§ 61.113(a) & (b), 91.7(a),

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

In consideration of the speed, weight, size, and limited operating area associated

with the unmanned aircraft and its operation, Dustin Gwin Photography’s operation of DJI

5Phantom 2 Vision+ , DJI Phantom 3 Professional and DJI Inspire 1 UASs meets the

conditio ns of FMRA Section 333 and therefore, will not require an airworthiness certificate

in accordance with 14 C.F.R. Part 21, Subpart H.

Accordingly, Dustin Gwin Photography 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.

Dustin Gwin Photography submits that the requested relief is proper since an

equivalent level of safety will be ensured . Dustin Gwin Photography will use experienced

personnel or technicians to perform maintenance, alterations, or preventive maintenance on

the UASs using the methods, techniques, and practices prescribed in the operating

documents (i.e., the Dustin Gwin Photography Aerial Operations Manual, Monthly

Maintenance Log, and DJI Phantom 2 Vision+ , DJI Phantom 3 Professional and DJI

Inspire 1 Instruction Manual). Furthermore, Dustin Gwin Photography will document and

maintain all maintenance records for the DJI Phantom 2 Vision+ , DJI Phantom 3

Professional and DJI Inspire 1 UASs.

Relief from certain requirements of Section 61.113(a) and (b), entitled Private pilot

privileges and limitations: Pilot in command , is requested by Dustin Gwin Photography to

the extent necessary to allow a Pilot in Command (PIC) holding a private pilot or higher

level certificate, as well as an airman medical certificate, and who has demonstrated, by

meeting minimum flight

- hour and currency requirements, that the PIC is able to safely

o perate the DJI Phantom 2 Vision+ , DJI Phantom 3 Professional and DJI Inspire 1 UASs

in a manner consistent with this exemption, including evasive and emergency maneuvers

and maintaining appropriate distances from people, vessels, vehicles and structures.

D ustin Gwin Photography seeks relief from Section 91.7(a), entitled Civil aircraft

6airworthiness , because the DJI Phantom 2 Vision+ , DJI Phantom 3 Professional and DJI

Inspire 1 UASs do not require an airworthiness certificate in accordance with 14 C.F.R. P art

21, Subpart H. As such, Dustin Gwin Photography submits that it will ensure that the DJI

Phantom 2 Vision+ , DJI Phantom 3 Professional and DJI Inspire 1UASs are in an airworthy

condition, prior to every flight, by determining that the UASs are in compliance with the

operating documents (i.e., the Dustin Gwin Photography Aerial Operations Manual,

Monthly Maintenance Log, and DJI Phantom 2 Vision+, DJI Phantom 3 Professional and

DJI Inspire 1 Instruction Manual), and that the aircraft are in a condit ion for safe flight.

Dustin Gwin Photography also seeks an exemption from the requirements of

Section 91.121, entitled Altimeter Settings , as the DJI Phantom 2 Vision+, DJI Phantom 3

Professional and DJI Inspire 1 UAs will not have a typical barometric alt imeter onboard.

However, altitude information of the DJI Phantom 2 Vision+, DJI Phantom 3 Professional

and DJI Inspire 1UAs will be provided to the PIC via Global Positioning System (GPS)

equipment and radio communications telemetry data link, which downli nks from the UA to

the GCS for active monitoring of the flight path. This altitude information, combined with

Dustin Gwin Photography’s operation of the DJI Phantom 2 Vision+, DJI Phantom 3

Professional and DJI Inspire 1 UASs within visual line of sight, a t or bel ow 400 feet AGL,

will ensure a level of safety equivalent to Section 91.121.

Additionally, Dustin Gwin Photography seeks an exemption from the

requirements of Section 91.151(b), entitled Fuel requirements for flight in VFR

conditions

. Dustin Gwin Photography submits that safety will not be affected by

operation of the DJI Phantom 2 Vision+ , DJI Phantom 3 Professional and DJI Inspire 1

UAs during daylight hours in visual meteorological conditions (VMC) under visual flight

rules (VFR), with enough ba ttery power to fly for a total

7duration of approximately 13.5 minutes to the first point of intended landing and, assuming

normal cruising speed, to fly after that for at least 4.5 minutes. In accordance with 14

C.F.R. § 11.81, Dustin Gwin Photography prov ides 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:

Dustin L Gwin

Dustin Gwin Photography

3024 NW 70 th St.

Oklahoma City, OK 73116

Tel: (405) 837

- 9777

Email: dlg586@hotmail.com

B. The Specific Sections Of 14 C.F.R. From Which Dustin Gwin Photography

Seeks Exemption.

1. Dustin Gwin Photography Seeks Exemption From The Requirements Of

Section 61.113 (a) And (b).

Section 61.113, entitled Private pilot privileges and limitations: Pilot in command

,

subsections (a) and (b) prescribe the following, in relevant part:

(a) No person who holds a private pilot certificate may act as a pilot in command

(PIC) of an aircraft that is carrying passengers or property for compensation or hire; nor may that person, for compensation or hire, act as PIC of an aircraft.

(b) A private pilot may, for compensation or hire, act as PIC of an aircraft in

connection with any business o r employment if

—

(1) The flight is only incidental to that business or employment; and

(2) The aircraft does not carry passengers or property for compensation or hire.

2. Dustin Gwin Photography Seeks Exemption From The Requirements

Of Section 91.7(a).

Section 91.7, entitled Civil aircraft airworthiness , subsection (a), states the

following:

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

3. Dustin Gwin Photography Seeks Exemption From The Requirements

Of Section 91.121.

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

part:

(a) Each person operating an aircraft shall maintain the cruising altitude or flight

level of that aircraft, as the case may be, by reference to an altimeter that is s et,

when operating

--

(1) Below 18,000 feet MSL, to

--

(i) The current reported altimeter setting of a station along the route and

within 100 nautical miles of the aircraft;

(ii) If there is no station within the area prescribed in paragraph (a)(1)(i) of

this section, the current reported altimeter setting of an appropriate

available station; or

(iii) In the case of an aircraft not equipped with a radio, the elevation of the

departure airport or an appropriate altimeter setting available before

departure.

4. Dustin Gwin Photography 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 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. Dustin Gwin Photography Seeks Exemption From The Requirement

Of Section 91.405(a).

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

Each owner or operator of an aircraft

—

(a) Shall have that aircraft inspected as prescribed in subpart E of this part and shall

between required inspections, except as provided in paragraph (c) of this section,

have discrepancies repaired as prescribed in part 43 of this chapter[.]

96. Dustin Gwin Photography Seeks Exemption From The Requirements

Of Section 91.407(a)(1)

Section 91.407, entit led Operation after maintenance, preventive maintenance,

rebuilding, or alteration , subsection (a)(1), states the following:

(a) No person may operate any aircraft that has undergone maintenance, preventive

maintenance, rebuilding, or alteration unless

--

(1) It has been approved for return to service by a person authorized under §

43.7 of this chapter[.]

7. Dustin Gwin Photography Seeks Exemption From The Requirements

Of Sections 91.409(a)(1) And 91.409(a)(2).

Section 91.409, entitled Inspections , subsection (a), states the following:

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

--

(1) An annual inspection in accordance with part 43 of this chapter and has

been appro ved for return to service by a person authorized by § 43.7 of this

chapter; or

(2) An inspection for the issuance of an airworthiness certificate in accordance

with part 21 of this chapter.

8. Dustin Gwin Photography Seeks Exemption From The Requirements

Of Sections 91.417(a) And 91.417(b).

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

following:

(a) Except for work performed in accordance with §§ 91.411 and 91.413, each

registered owner or operator shall keep the following records for the periods

specified in paragraph (b) of this section:

(1) Records of the maintenance, preventive maintenance, and alteration and

records of the 100

- hour, annual, progressive, and other required or approved

inspections, as appropriate, for each a ircraft (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

10(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 includ ing, for each, the method of compliance, the AD or

safety directive number and revision date. If the AD or safety directive

involves recurring action, the time and date when the next action is

required.

(vi) Copies of the forms prescribed by § 43.9(d) of this chapter for each

major alteration to the airframe and currently installed engines, rotors,

propellers, and appliances.

(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 for 1 year after the

work is performed.

(2) The records specified in paragraph (a)(2) of this section shall be retained

and transferred with the aircraft at the time the aircraft is sold.

(3) A list of defects furnished to a registered owner or operator under § 43.11 of

this chapter shall be retained until the defects are repaired and the aircraft is

approved for return to service.

11C. The Extent Of Relief Dustin Gwin Photog raphy Seeks And The Reason Dustin

Gwin Photography Seeks The Relief.

1. Extent Of Relief Dustin Gwin Photography Seeks And The Reason Dustin

Gwin Photography Seeks Relief From Section 61.113(a) And (b).

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

limitations: Pilot in command , is requested to the extent necessary to allow a PIC holding a

private pilot or higher level certificate, as well as a current and valid airman medical

certificate, and who has met certain flight

- hour and currency requirements, to conduct the

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 PIC of an aircraft in

connection with any business or employment if: (1) The flight is only incidental to that

business or employment; and (2) The aircraft does not carry passengers or property for

compensation or hire.

As set forth more fully below, Dustin Gwin Ph otography submits that an equivalent

level of safety will be maintained because no PIC will be allowed to operate the DJI

Phantom 2 Vision+ UAS , DJI Phantom 3 Professional UAS or DJI Inspire 1 UAS unless

that PIC has met certain flight

- hour and currency requirements, demonstrating that the PIC

is able to safely operate either the DJI Phantom 2 Vision+ , DJI Phantom 3 Professional or

DJI Inspire 1 UAS in a 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, Dustin Gwin Photography submits that all flights of the DJI Phantom 2

Vision+ , DJI Phantom 3 Professional and DJI Inspire 1 UASs, conducted by the PIC

pursuant to the grant of this

12Petition: (1) will be incidental to Dustin Gwin Photography’s business; and (2) will not

carry passengers or property for compensation or hire.

2. Extent Of Relief Dustin Gwin Photography Seeks And The Reason Dustin

Gwin Photography 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 Dustin Gwin Photography to determine that the DJI P hantom 2

Vision+ , DJI Phantom 3 Professional and DJI Inspire 1 UASs are in airworthy condition

prior to every flight by ensuring that the UAS is in compliance with the operating

documents (i.e., the Dustin Gwin Photography Aerial Operations Manual, Monthly

Maintenance Log, and DJI Phantom 2 Vision+ , DJI Phantom 3 Professional and DJI

Inspire 1 Instruction Manual).

Dustin Gwin Photography seeks the requested relief because the DJI Phantom 2

Vision+ , DJI Phantom 3 Professional and DJI Inspire 1 UASs do not re quire an

airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H. Therefore,

Dustin Gwin Photography will ensure that the DJI Phantom 2 Vision+ , DJI Phantom 3

Professional and DJI Inspire 1 UASs are in airworthy condition based upon its c ompliance

with the operating documents (i.e., the Dustin Gwin Photography Aerial Operations

Manual, Monthly Maintenance Log, and DJI Phantom 2 Vision+ , DJI Phantom 3

Professional and DJI Inspire 1 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 Dustin Gwin Photography Seeks And The Reason Dustin

Gwin Photography 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 2 Vision+ , DJI Phantom 3 Professional and DJI

13Inspire 1 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

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), Dustin Gwin Photography seeks the requested relief because

the DJI Phantom 2 Vision+ , DJI Phantom 3 Professional and DJI Inspire 1 UA’s altimeter

may be set on the ground to zero feet AGL, rather than the local barometric pressure or

field altitude, before each flight.

Considering the limited altitude of the proposed operations, relief from 14 CFR

91.121 is sought to the extent necessary to comply with the applicable conditions and

limitations stated below. As more fully set forth herein, an equivalent level of safety will

be maintained since the DJI Phantom 2 Vision+ , DJI Phantom 3 Professional and DJI

Inspire 1 UAs are equipped with a barometric pressure sensor and GPS equipment, which

automatically ensures that a ground level pressure setti ng will be established prior to each

flight, and provides the PIC with altitude information of the UA on the heads

- up display of

the GCS.

4. Extent Of Relief Dustin Gwin Photography Seeks And The Reason Dustin

Gwin Photography 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 2 Vision+ , DJI Phantom 3 Professional and DJI Inspire 1 UAs during da ylight

hours in visual meteorological conditions (VMC), under visual flight rules (VFR), for a

total duration of 13.5 minutes to the first point of intended landing and, assuming normal

cruising speed, to fly after that for at least 4.5 minutes. Dustin Gwi n Photography seeks the

requested relief because without an exemption from Section 91.151(b), the flight time

14duration of the battery powered DJI Phantom 2 Vision+ , DJI Phantom 3 Professional and

DJI Inspire 1 UAs will severely constrain the practicality o f any aerial video or still photo

flight operations that Dustin Gwin Photography proposes to conduct pursuant to this

Petition.

Significantly, as set forth below, the technical specifications of the DJI Phantom 2

Vision+ , DJI Phantom 3 Professional and DJI Inspire 1 UASs, the DJI Phantom 2 Vision+

,

DJI Phantom 3 Professional and DJI Inspire 1 operating documents, and Dustin Gwin

Photography’s proposed operating limitations, ensure that Dustin Gwin Photography will

safely operate the battery powered DJI Phantom 2 Vision+ , DJI Phantom 3 Professional

and DJI Inspire 1 UAs during daylight hours in visual meteorological conditions (VMC),

under visual flight rules (VFR), with enough battery power to fly for a total duration of

13.5 minutes to the first point of intended landing and, assuming normal cruising speed, to

fly after that for at least 4.5 minutes.

5. Extent Of Relief Dustin Gwin Photography Seeks And The Reason Dustin

Gwin Photography 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, Dustin Gwin Photography requests

relief from these Sections because the DJI Phantom 2 Vision+ , DJI Phantom 3

Professional and DJI Inspire 1 UASs do not require airworthiness certificates. As set forth

more fully below, the DJI Phantom 2 Vision+ , DJI Phantom 3 Professional and DJI Inspire

1 UASs meet the conditions of FMRA Section 333 for operation without an airworthiness

certificate. Accordingly, Dustin Gwin Photography will use trained technicians to perform

maintenance, alterations, or preventive maintenance on the UASs using the methods,

techniques, and practices prescribed in the UAS operating documents (i.e., the Dustin Gwin

15Photography Aerial Operations Manual, Monthly Maintenance Log, and DJI Phantom 2

Vision+ , DJI Phantom 3 Professional and DJI Inspire 1 Instruction Manual). Furthermore,

Dustin Gwin Photography will documen t and maintain all maintenance records for the DJI

Phantom 2 Vision+ , DJI Phantom 3 Professional and DJI Inspire 1 UASs.

D. The Reasons Why Granting Dustin Gwin Photography’s Request Would Be In

The Public Interest; That Is, How It Would Benefit The Public As A Whole.

Granting the present Petition will further the public interest by allowing Dustin

Gwin Photography to safely, efficiently, and economically perform aerial video and

photography of construction sites, real estate, and landscape over certain areas of the

United States.

Additionally, use of the DJI Phantom 2 Vision+ , DJI Phantom 3 Professional and

DJI Inspire 1 UASs will decrease congestion of the NAS, reduce pollution, and provide

significant benefits to the economy. Notably, the benefits of Dustin Gwin Photography’s

proposed operation of the DJI Phantom 2 Vision+ , DJI Phantom 3 Professional and DJI

Inspire 1 UASs will be realized without implicating any privacy issues.

1. The Public Will Benefit From Decreased Congestion Of The NAS.

The DJI Phantom 2 Vision+ , DJI Phantom 3 Professional and DJI Inspire 1 UAs

are battery powered and serve as a safe, efficient, and economical alternative to the

manned aircraft traditionally utilized to obtain aerial imagery. By reducing the amount of

manned aircraft need ed to perform aerial acquisitions, an exemption allowing the use of a

DJI Phantom 2 Vision+ , DJI Phantom 3 Professional or DJI Inspire 1 UAS would reduce

the amount of manned aircraft in the NAS, reduce noise and air pollution, as well as

increase the safety of life and property in the air and on the ground.

Furthermore, by reducing the number of manned aircraft operating in the NAS,

congestion around airports caused by arriving and departing aircraft will be reduced. The

16DJI Phantom 2 Vision+ , DJI Phan tom 3 Professional and DJI Inspire 1 UAs do not

require an airport to takeoff or land. Likewise, a reduction of manned aircraft conducting

aerial video and photography missions would result in fewer aircraft that must be handled

by air traffic control duri ng the ground, takeoff, departure, arrival, and landing phases of

flight operations.

2. The Public Will Benefit From The Safety And Efficiency Of The DJI

Phantom 2 Vision+ , DJI Phantom 3 Professional and DJI Inspire 1

UASs.

Conducting aerial acquisitions with the DJI Phantom 2 Vision+ , DJI Phantom 3

Professional and DJI Inspire 1 UASs, instead of manned aircraft, will greatly benefit the

public by drastically reducing the levels of air and noise pollution generated during

traditional aerial video and still photography flight operations. By using battery power and

electric motors, the DJI Phantom 2 Vision+ , DJI Phantom 3 Professional and DJI Inspire 1

UASs produce no air pollution, and is the most

viable environmentally conscious alternative to the cabin cla ss, 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 2 Vision+ , DJI Phantom 3 Professional and DJI Inspire 1 UAs, while reducing

the carbon footprint of aerial acquisitions, also eliminates noise pollution, as the UAs are

propelled by battery powered electric motors, rather than an internal combustion engine.

By using the DJI Phantom 2 Vision+

, DJI Phantom 3 Professional and DJI Inspire

1 UASs to perform aerial acquisitions, the substantial risk to life and property in the air

and on the ground, which is usually associated with traditional manned aircraft flight

operations, will be substantially reduced or completely eliminated. Aside from the lack of

flight crew members located onboard the aircraft, the DJI Phantom 2 Vision+ , DJI

17Phantom 3 Professional and DJI Inspire 1 UAs (weighing approximately 2 pounds 11

ounces and 6 pounds 7.5 ounces respe ctively, at their maximum gross weights with

lengths of 16 inches and 17.3 inches respectively, widths of 16 inches and 17.7 inches

respectively, and with no fuel on board), has less physical potential for collateral damage

to life and property on the ground, and in the air, compared to the manned aircraft that

typically conduct similar operations (weighing approximately 6,000 pounds with a

wingspan of approximately 42 feet, a length of 34 feet, and a fuel capacity of 180 gallons).

3. Performing Aerial Vid eo and Photography Operations With The DJI

Phantom 2 Vision+ , DJI Phantom 3 Professional and DJI Inspire 1

UASs Will Benefit The Economy.

In addition to being safe and efficient, the DJI Phantom 2 Vision+ , DJI Phantom 3

Professional and DJI Inspire 1 UASs are also an economical alternative to using manned

aircraft to conduct similar aerial operations. As such, operation of the DJI Phantom 2

Vision+ , DJI Phantom 3 Professional and DJI Inspire 1 UASs will allow United States

based companies, like Dustin Gwin Photography, 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 (“EPA”) regulatory actions phasing out leaded aviation

fuels, U.S. owned and opera ted companies must adopt new and alternative technology in

order to remain competitive. Operating the battery powered DJI Phantom 2 Vision+ , DJI

Phantom 3 Professional and DJI Inspire 1 UASs is one such technology that not only

allows companies greater ope rational flexibility compared to manned aircraft, but

provides such flexibility without the high operational cost of a traditional manned aircraft.

By operating the DJI Phantom 2 Vision+ , DJI Phantom 3 Professional and DJI

Inspire 1 UASs, companies such as Dustin Gwin Photography, can remain competitive and

profitable, and therefore, provide greater job stability to employees and contractors, which

18will ultimately contribute to growth of the U.S. economy. Improved financial performance

of U.S. companies, through commercial use of the DJI Phantom 2 Vision+ , DJI Phantom 3

Professional and DJI Inspire 1 UASs, provides a stable workforce that increases consumer

spending; improves local, state, and federal tax revenues; and allows companies to invest

in researc h 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, Dustin Gwin Photography’s proposed operati on of the DJI Phantom 2 Vision+

,

DJI Phantom 3 Professional and DJI Inspire 1 UASs will not implicate any privacy issues.

Specifically, the DJI Phantom 2 Vision+ , DJI Phantom 3 Professional and DJI Inspire 1

UASs will be operated only in compliance with op erating documents (i.e., the Dustin Gwin

Photography Aerial Operations Manual, Monthly Maintenance Log, and DJI Phantom 2

Vision+ , DJI Phantom 3 Professional and DJI Inspire 1 Instruction Manual) which requires

property owner involvement as well as local law enforcement notification, and in

accordance with the Federal Aviation Regulations, including the minimum altitude

requirements of 14 C.F.R. § 91.119.

E. The Reasons Why 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 Dustin Gwin Photography Seeks Exemption.

1. Reasons Why The DJI Phantom 2 Vision+ , Phantom 3 Professional and DJI

Inspire 1 UAs Meet The Conditions Of The FAA Modernization and

Reform Act of 2012 (FMRA) Section 333.

In consideration of the size, weight, speed, and limited operating area associated

with the unmanned aircraft and its operation, Dustin Gwin Photography’s operation of the

DJI Phantom 2 Vision+ , DJI Phantom 3 Professional and DJI Inspire 1 UASs meet the

conditions of FMRA Section 333, and will not require an airworthiness certificate in

19accordance with 14 C.F.R. Part 21, Subpart H.

Section 333 provides authority for a UAS to operate without airworthiness

certif ication and sets forth 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.

Specifically, FMRA Section 333 states the following, in part:

(a) In General.

-- Notwithsta nding any other requirement of this subtitle, and not

later than 180 days after the date of enactment of this Act, the Secretary of

Transportation shall determine if certain unmanned aircraft systems may

operate safely in the national airspace 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 States

Code, is required for the operation of unmanned aircraft systems

identified under paragraph (1).

(c) Requirements for Safe Operation.

-- If the Secretary determines under this

section that certain unmanned aircraft systems may operate safely in the

national airspace system, the Secretar y shall establish requirements for the safe

operation of such aircraft systems in the national airspace system.

In seeking this exemption, Dustin Gwin Photography submits that the DJI Phantom

2 Vision+ , DJI Phantom 3 Professional and DJI Inspire 1 UASs can operate safely in the

NAS pursuant to FMRA Section 333, as demonstrated by: (a) the characteristics of the DJI

Phantom 2 Vision+ , DJI Phantom 3 Professional and DJI Inspire 1 UASs; (b) the pilot

certification requirement; and (c ) the specific operating limitations.

a. The Specifications Of The DJI Phantom 2 Vision+ , DJI Phantom 3

Professional and DJI Inspire 1 UASs Demonstrate Its Safe

Characteristics.

20The DJI Phantom 2 Vision+ , DJI Phantom 3 Professional and DJI Inspire 1 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 2 Vision+ , DJI

Phantom 3 Professional and DJI Inspire 1 UASs.

The technical specifications of the DJI Phantom 2 Vision+ , DJI Phantom 3

Professional and DJI Inspire 1 UASs are set forth by the , DJI Phantom 3 Professional and

DJI Inspire 1 Specifications and Data Sheet, attached hereto as Exhibit A , B and C

.

ii. The DJI Phantom 2 Vision+ , DJI Phantom 3 Professional and DJI

Inspire 1 UASs Autonomous Flight And Navigation Modes Enable

The UASs To Remain Within A Defined Operational Area.

The DJI Phantom 2 Vision+ , DJI Phantom 3 Professional and DJI Inspire 1 UASs

may be operated in both manual and fully autonomous flight modes. A complete

description of the flight and navigational modes of the DJI Phantom 2 Vision+ , DJI

Phantom 3 Professional and DJI Inspire 1 UASs is provided at pages 25

- 35 of the DJI

Phantom 2 Vision+ , pages 11

- 17 of the DJI Phantom 3 Professional and pages 12

- 16 and

45

- 50 of the DJI Inspire 1 User Manua ls, attached hereto as Exhibit D, E and F

.

iii. The DJI Phantom 2 Vision+ , DJI Phantom 3 Professional and DJI

Inspire 1 UASs Ar e Designed For Automatic Return To Home

Point Or Hover In The Event Of Loss Of The Control Link Or

Navigation.

When the Control Link is lost, the DJI Phantom 2 Vision+ , DJI Phantom 3

Professional and DJI Inspire 1 UAs will remain stationary, in flight, for 3 seconds or more.

If, after 3 seconds, the DJI Phantom 2 Vision+ , DJI Phantom 3 Professional and DJI

Inspire 1 UAs do not reacquire control link data from the GCS, the UAs will assume that

the Control Link is lost and the UAs will return to the home p osition (i.e., failsafe mode)

via GPS, and will descend to the takeoff position and shutdown.

A complete description of the Failsafe Functions of the DJI Phantom 2 Vision+

21UAS are set forth at pages 27 through 29 , for the DJI Phantom 3 Professional UAS are set

forth at pages 12 through 14 for the DJI Inspire 1 at pages 13 through 15 of the DJI

Phantom 2 Vision+, DJI Phantom 3 Professional and DJI Inspire 1 User Manuals,

attached hereto as Exhibit D, E and F

.

iv. The DJI Phantom 2 Vision+ , DJI Phantom 3 Professional

and DJI Inspire 1 GCS And Its Operation.

A complete description of the operation and specifications of the DJI Phantom 2

Vision+ and DJI Inspire 1 GCS and flight control software is provided at pages 32 through

43 of the DJI Phantom 2 Vision+ User Manual , pages 40 through 55 of the DJI Phantom 3

Professional and pages 40 through 47 of the DJI Inspire 1 User Manual. DJI Phantom 2

Vision+ , DJI Phantom 3 Professional and DJI Inspire 1 User Manuals are attached hereto

as Exhibits D, E and F

.

b. Fligh t Operations O f DJI Phantom 2 Vision+ , DJI Phantom 3

Professional and DJI Inspire 1 UASs Are Limited To The Line Of Sight

Of A Certificated Pilot in Command With A Safety Observer.

Dustin Gwin Photography will only utilize certificated pilots who possess a current

and valid airman medical certificate to act as a pilot in command (PIC) of the DJI Phantom

2 Vision+ , DJI Phantom 3 Professional and DJI Inspire 1 UASs. Additionally, a safety

observer will assist all pilots during flight time.

c. Flights Of DJI Pha ntom 2 Vision+ , DJI Phantom 3 Professional

and DJI Inspire 1 UASs Will Be Conducted Pursuant To Specific

Operating Limitations.

In seeking this exemption, Dustin Gwin Photography proposes to commercially

operate DJI Phantom 2 Vision+ , DJI Phantom 3 Profes sional and DJI Inspire 1 UASs for

the special purpose of conducting aerial video and photography over certain areas of

United States, pursuant to the following specific operating limitations:

1. Operations authorized by this grant of exemption will be limited to the following

aircraft described in the operating documents, rotorcraft UASs weighing less

22than 55 pounds maximum gross weight: DJI Phantom 2 Vision+ , DJI Phantom 3

Professional and DJI Inspire 1 Unmanned Aircraft Systems. Proposed operations

of any ot her aircraft will require a new petition or a petition to amend this grant.

2. UAS operations under this exemption will be limited to conducting operations

for the purpose of aerial video and photography.

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

4. The UA must be operated at an altitude of no more than 5 00 feet above ground

level (AGL), as indicated by the procedures specified in the operating

documents unless a special request is made and approved by ATC. All altitudes

reported to ATC must be in feet AGL.

5. The UAs must be operated within visual line of sight (VLOS) of the PIC at all

times. This requires the PIC to be able to use human vision unaided by any device other than corrective lenses, as specified on the PIC’s FAA

- issued airman

medical certificate.

6. The use of first person view (FPV) by the PIC or safety observer (SO) is not

permitted.

7. All operations must utilize a safety observer (SO). The SO may be used to satisfy

the VLOS requirement as 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 is not permitted during flight operations. The PIC must be

designated before the flight and cannot transfer his or her designation for the

d uration of the flight. The PIC must ensure that the SO can perform the

functions prescribed in the operating documents.

8. The SO must not perform any other duties beyond assisting the PIC with seeing

and avoiding other air traffic and other ground based obstacles/obstructions and

is not permitted to operate the camera or other instruments.

9. The operating documents and the grant of exemption must be accessible during

UAS operations and made available to the Administrator upon request. If a discrepancy exis ts 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. It is the operator’s responsibility to track such revisions

and present updated and revised documents to the Administrato r upon request.

The operator must also present updated and revised documents if it petitions for

extension or amendment to the grant of exemption. If the operator determines

that any update or revision would affect the basis upon which the FAA granted

the exemption, then the operator must petition for amendment to its grant of

exemption. The FAA’s UAS Integration Office (AFS

- 80) may be contacted if

questions arise regarding updates or revisions to the operating documents.

2310. Prior to each flight the PIC must inspect the UAS to ensure that it is in a condition for safe flight. If the inspection reveals a condition that affects the

safe operation of the UAS, the aircraft is prohibited from operating until the

necessary maintenance has been performed and the UAS is found to be in a condition for safe flight. The Ground Control Station must be included in the

preflight inspection. All maintenance and alterations must be properly

documented in the aircraft records.

11. Any UAS that has undergone maintenance or alterati ons that affect the UAS

operation or flight characteristics, e.g. replacement of a flight critical

component, must undergo a functional test flight. The PIC who conducts the

functional test flight must make an entry in the aircraft records.

12. The pre

- flight inspection must account for all potential discrepancies, e.g. inoperable components, items, or equipment, not already covered in the

relevant sections of the operating documents.

13. The operator must follow the UAS manufacturer’s aircraft/component,

maintenance, overhaul, replacement, inspection, and life limit requirements.

14. The operator must carry out its maintenance, inspections, and record keeping

requirements, in accordance with the operating documents. Maintenance,

inspection, alterations, and status of replacement/overhaul component parts must

be noted in the aircraft records, including total time in service, description of

work accomplished, and the signature of the authorized per son 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 discrepancies discovered between inspections.

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

third

- class medical certificate.

18. The operator may not permit any PIC to operate unless the PIC meets the

operator’s qualification criteria and demonstrates the ability to safely operate the

UAS in a manner consistent with how the UAS will be operated under the

exemption, including evasive and emergency maneuvers and maintaining

appropriate distances from persons, vessels, vehicles and structures. PIC

qualification flight hours must be logged in a manner consistent with 14 C.F.R.

§ 61.51(b). Flights for the purposes of training the operator’s PICs are permitted

under the terms of the exemption. However, training operations may only be

conducted dur ing 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 i n accordance with 14 C.F.R. § 91.119.

19. UAS operations may not be conducted during night, as defined in 14 C.F.R. §

2419.1. 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 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

A dministrator upon request.

21. The UA may not be operated less than 5 00 feet below or less than 2,000 feet

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

PIC.

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

determined location within the planned operating area and land or be recovered

in accordance with the operating documents.

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

24. The PIC is prohibited from beginning a flight unless (considering wind and

forecast weather conditions) there is enough power to fly at normal cruising

speed to the intended landing point and land the UA with 25% battery power remaining.

25. The operator must obtain an Air Traffic Organization (ATO) issued Certificate

of Waiver or Authorization (COA) 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 m ore than 72 hours in advance, but not less than 48

hours prior to the operation. All operations shall be conducted in accordance

with airspace requirements in the ATO issued COA including class of airspace,

altitude level and potential transponder requirements.

26. All aircraft operated in accordance with the exemption must be identified by

serial number, registered in accordance with 14 C.F.R. part 47, and have

identification (N

- Number) markings in accordance with 14 C.F.R. part 45,

Subpart C. Markin gs must be as large as practicable.

27. Before conducting operations, the radio frequency spectrum used for operation

and control of the UA must comply with the Federal Communications

Commission (FCC) or other appropriate government oversight agency

requirements.

28. The documents required fewer than 14 C.F.R. 91.9 and 91.203 must be

available to the PIC at the Ground Control Station of the UAS any time the

UAS is operating. These documents must be made available to the

Administrator or any law enforcement official upon request.

2529. The UA must remain clear and yield the right of way to all manned aviation

operations and activities at all times.

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

31. Flight operations must be con ducted 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 of an accident. The

operator must ensure that nonparticipating persons remain under such

protection. If a situation arises where nonparticipating persons leave such

protection and are within 500 feet of the UA , flight operations must cease

immediately and/or;

b. The aircraft is operated near vessels, vehicles or structures where the

owner/controller of such vessels, vehicles or structures has granted

permission and the PIC has made a safety assessment of the risk of

operating closer to those objects and determined that it does not present

an undue hazard, and;

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

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 repo rted 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.

Dustin Gwin Photography submits that the equivalent level of safety established by

Section 61.113(a) and (b) will be maintained because no PIC will be allowed to operate the

DJI Phantom 2 Vision+ , DJI Phantom 3 Professional and DJI Inspire 1 UASs unless that

PIC has demonstrated, by meeting minimum flight

- hour and currency requirements, that

the PIC is able to safely operate the DJI Phantom 2 Vision+ , DJI Phantom 3 Professional

26or DJI Inspire 1 UAS in a manner consistent wit h the exemption, including evasive and

emergency maneuvers and maintaining appropriate distances from people, vessels, vehicles

and structures.

Considering Dustin Gwin Photography’s 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 requirements (See Exemption No.

11062); and the airmanship skills necessary to safely operate the DJI Phantom 2 Vision+

,

DJI Phantom 3 Profes sional or DJI Inspire 1 UAS, Dustin Gwin Photography submits that

the additional manned airmanship experience of a commercially certificated pilot would

not correlate to the airmanship skills necessary for Dustin Gwin Photography’s specific

proposed flight operations.

The FAA has previously granted relief from Section 61.113(a) and (b) specific to

UAS, in circumstances similar, in all material respects, to those presented herein (e.g.

Exemption Nos. 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11 110, 11112,

11136, 11138, 11150, 11153, 11156, 11158, 11159, 11160, 11161).

Dustin Gwin Photography will not allow any PIC to operate the DJI Phantom 2

Vision+ , DJI Phantom 3 Professional or DJI Inspire 1 UAS unless that PIC has

demonstrated, by meeting minimum flight

- hour requirements or the DJI Phantom 2

Vision+ , DJI Phantom 3 Professional or DJI Inspire 1 UAS training and currency

requirements, that the PIC is able to safely operate the DJI Phantom 2 Vision+ , DJI

Phantom 3 Professional or DJI Inspire 1 UAS in a manner consistent with this exemption,

including evasive and emergency maneuvers and maintaining appropriate distances from

people, vessels, vehicles and structures.

Specifically, the PIC must have accumulated and logged, in a manner consistent

27w ith 14 C.F.R. § 61.51(b), 25 hours of total time as a UAS rotorcraft pilot (with a

minimum of 5 hours of those hours as a UAS pilot operating the same make and model of

UAS to be used for operations under the exemption). In addition to the hour requirement s,

the PIC must accomplish 3 takeoffs and landings in the preceding 90 days (for currency

purposes).

As in Exemption Nos. 11062, 11138, and 11153, prior documented flight

experience that was obtained in compliance with applicable regulations will ensure an

equivalent level of safety during Dustin Gwin Photography’s proposed operations. The

Administrator has held that prior documented flight experience that was obtained in

compliance with applicable regulations would ensure safe operations, stating as follows:

In Exemption No. 11062, the FAA required that prior to conducting operations for

the purpose of motion picture filming (or similar operations), the PIC must have

accumulated and logged, in a manner consistent with 14 CFR 61.51(b), 25 hours of

tota l time as a UAS rotorcraft pilot including at least 10 hours logged as a UAS

pilot with a multi

- rotor UAS. Prior to operations under Exemption No. 11062, the

PIC must also have accumulated and logged a minimum of 5 hours as a UAS pilot

operating the same m ake 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 t ime and the 10 hours may be included in

the total 25 hours of UAS rotorcraft time. In addition to the hour requirements, the

PIC must accomplish 3 takeoffs and landings in the preceding 90 days (for

currency purposes). The FAA finds that at a minimum, the flight

- hour requirements

in Exemption No. 11062 are appropriate to practice and build proficiency in the

skills necessary to safely conduct the petitioner’s proposed operations. The FAA

also finds that prior documented flight experience that was obtained i n 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

exp erience

- 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, Dustin Gwin Photography will ensure safe operations by not allowing

any PIC to operate the DJI Phantom 2 Vision+ , DJI Phantom 3 Professional or DJI Inspire

281 UAS unless that PIC has demonstrated, by meeting minimum flight

- hour and currency

requirements, that the PIC is able to safely operate the DJI Phantom 2 Vision+ , DJI

Phantom 3 P rofessional or DJI Inspire 1 UAS in a 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 Sec tion 91.7(a)

Would Not Adversely Affect Safety.

The equivalent level of safety established by Section 91.7(a) will be maintained

because prior to every flight, Dustin Gwin Photography will ensure that the DJI Phantom 2

Vision+ , DJI Phantom 3 Professional or DJI Inspire 1 UAS is in an airworthy condition

based upon the UAS’s compliance with its operating documents and as stated in the

conditions and limitations herein.

Additionally, the FAA has previously granted relief from Section 91.7(a) specific

to UAS, in circumstances similar, in all material respects, to those presented herein (e.g.

Exemption Nos. 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110, 11112,

11136, 11138, 11150, 11153, 11156, 11157, 11158, 11159, 11160, 11161).

4. Reasons Why A n Exemption From The Requirements Of Section 91.121

Would Not Adversely Affect Safety.

The equivalent level of safety established by Section 91.121 will be maintained

because the altitude information of the DJI Phantom 2 Vision+ , DJI Phantom 3

Professional and DJI Inspire 1 UAs will be provided to the PIC via GPS equipment and a

radio communications telemetry data link, which downlinks from the UA to the GCS for

active monitoring of the flight path and altitude. This altitude information, combin ed with

Dustin Gwin Photography’s operation of the DJI Phantom 2 Vision+ , DJI Phantom 3

Professional and DJI Inspire 1 UAs within visual line of sight, at or below 500 feet AGL,

29will ensure a level of safety 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 automatically established by the UASs at ground level.

The FAA has previously granted relief from Section 91.121 specif ic to UAS, in

circumstances similar, in all material respects, to those presented herein (e.g. Exemption

Nos. 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11112, 11136, 11138,

11150, 11153, 11156, 11157, 11158, 11159, 11160, 11161).

5. Reasons Wh y An Exemption From The Requirements Of Section 91.151(b)

Would Not Adversely Affect Safety.

A grant of this exemption would ensure an equivalent level of safety established by

14 C.F.R. Section 91.151(b) as a result of (1) the technical specifications of the DJI

Phantom 2 Vision+ , DJI Phantom 3 Professional and DJI Inspire 1 UASs; (2) the

limitations on the proposed flight operations; and (3) the location of the proposed flight

operations. Accordingly, Dustin Gwin Photography will ensure that it will safe ly operate

the battery powered DJI Phantom 2 Vision+ , DJI Phantom 3 Professional and DJI Inspire 1

UAs during daylight hours in VFR conditions, with enough battery power to fly for a total

duration of 13.5 minutes to the first point of intended landing and , assuming normal

cruising speed, to fly after that for at least 4.5 minutes.

Here, as in Exemption No. 11109, the technical specifications of the DJI Phantom 2

Vision+ , DJI Phantom 3 Professional and DJI Inspire 1 UASs; the limitations on the

proposed fli ght operations; and the location of the proposed operations, will ensure an

equivalent level of safety established by 14 C.F.R. Section 91.151(b). Furthermore, safety

will be ensured as the DJI Phantom 2 Vision+ , DJI Phantom 3 Professional and DJI Inspire

1 UASs 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%

30remaining battery power, and again at approximately 10% remaining battery power . At the

critically low battery level, the DJI Phantom Vision+ and DJI Inspire 1 UASs will descend

and land automatically.

Significantly, previous exemptions granted by the FAA concerning Section 91.151

establish that safety is not adversely affected when the technical characteristics and

operating limitations of the UAS are considered. Relief has been granted for manned

aircraft to operate at less than the minimums prescribed in Section 91.151, including

Exemption Nos. 2689, 5745, and 10650. Moreover, the FAA has previously granted relief

from Section 91.151 specific to UAS, in circumstances similar, in all material respects, to

those presented herein (e.g. Exemption Nos. 8811, 10808, 10673, 11042, 11062, 11063,

11064, 11065, 11066, 11067, 11080, 11109, 11110, 11136, 11138, 11150, 11153, 11156,

11157, 11158, 11159, 11160, 11161).

6. Reasons Why An Exemption From The Requirements Of Sections

91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), And 91.417(a) & (b) Would

Not Adversely Affect Safety.

In seeking th is exemption, Dustin Gwin Photography submits that the equivalent

level of safety with regard to the regulatory maintenance and alteration requirements

established by Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b)

will be met because Dustin Gwin Photography will use trained technicians to perform

maintenance, alterations, or preventive maintenance on the UASs using the methods,

techniques, and practices prescribed in the operating documents (i.e., the Dustin Gwin

Photography Ae rial Operations Manual, Monthly Maintenance Log, and DJI Phantom 2

Vision+ , DJI Phantom 3 Professional and DJI Inspire 1 Instruction Manual). Furthermore,

Dustin Gwin Photography will document and maintain all maintenance records for the DJI

Phantom 2 Vision+ , DJI Phantom 3 Professional and DJI Inspire 1 UASs.

31Since the DJI Phantom 2 Vision+ , DJI Phantom 3 Professional and DJI Inspire 1

UASs will be inspected as prescribed by the operating documents, Dustin Gwin

Photography 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 2 Vision+ , DJI

Phantom 3 Professional and DJI Inspire 1 User Manuals are

attached hereto as Exhibit D, E and F ; a copy of the DJI Phantom 2 Vision+ , DJI Phantom

3 Professional and DJI Inspire 1 UAS Maintenance LOG is attached hereto as Exhibit G

.

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

Gwin Photography will use trained technicians to perform maintenance, alterat ions 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 2 Vision+ , DJI Phantom 3 Professional and DJI Inspire 1 UASs will 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 cons idered.

In consideration of Dustin Gwin Photography’s proposed operating limitations, the

operating documents, and the technical aspects of the DJI Phantom 2 Vision+ , DJI

Phantom 3 Professional and DJI Inspire 1 UASs, Dustin Gwin Photography submits that

s afety will not be adversely affected by granting exemption from 14 C.F.R. Sections

3291.405(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 Oper ation.

In accordance with Section 333 of the FAA Modernization and Reform Act of 2012

(FMRA) and 14 C.F.R. § 21.16 entitled Special Conditions, Dustin Gwin Photo graphy

requests that the FAA prescribe special conditions for the intended operation of the DJ I

Phantom 2 Vision+ , DJI Phantom 3 Professional and DJI Inspire 1 UASs, which contain

such safety standards that the Administrator finds necessary to establish a level of safety

equivalent to that established by 14 C.F.R. Part 21, Subpart H, and 14 C.F.R §§ 61.113(a)

& (b), 91.7 (a), 91.121,

91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b). Such

special conditions will permit safe operation of the UAs for the limited purpose of

conducting aerial video and photography over cer tain areas of the United States for

compensation or hire. FMRA Section 333 sets forth the requirements for considering

whether a UAS will create a hazard to users of the NAS or the public, or otherwise pose a

threat to national security; and further, provi des the authority for such UAS to operate

without airworthiness certification in accordance with any requirements that must be

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

Likewise, the Administrator may prescribe special conditions pursuant to 14 C.F.R.

§ 21.16, for operation of the DJI Phantom 2 Vision+ , DJI Phantom 3 Professional and DJI

Inspire 1 UASs, since the airworthiness regulations of 14 C.F.R. Part 21 do not contain

33adequate or appropriate safety standards, due to the novel or unus ual design features of

the aircraft. Section 21.16, entitled Special Conditions, states the following:

If the FAA finds that the airworthiness regulations of this subchapter do not contain

adequate or appropriate safety standards for an aircraft, aircraft engine, or propeller

because of a novel or unusual design feature of the aircraft, aircraft engine or

propeller, he prescribes special conditions and amendments thereto for the product.

The special conditions are issued in accordance with Part 11 of this c hapter and

contain such safety standards for the aircraft, aircraft engine or propeller as the

FAA finds necessary to establish a level of safety equivalent to that established in

the regulations.

See 14 C.F.R. § 21.16.

Therefore, in accordance with FMRA Section 333 and 14 C.F.R. § 21.16, the FAA

may prescribe special conditions for Dustin Gwin Photography ’s intended operation of the

DJI Phantom 2 Vision+ , DJI Phantom 3 Professional and DJI Inspire 1 UASs, which

contain such safety standards that the Administrator finds necessary to establish a level of

safety equivalent to that established by 14 C.F.R. Part 21, Subpart H, and 14 C.F.R

Sections 61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1)

& (a)(2), and 91.417(a) & (b).

F. A Summary That Can Be Published In The Federal Register, stating: The Rules

From Which Dustin Gwin Photography Seeks Exemption:

Dustin Gwin Photography seeks exemption from the requirements of 14 C.F.R

Sections 61.113(a)&(b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1),

91.409(a)(1) & (a)(2), and 91.417(a) & (b).

A Brief Description Of The Nature Of The Exemption Dustin Gwin

Photography Seeks:

This exemption will permit Dustin Gwin Photography 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

Dustin Gwin Photography’s Request.

This Petition is made pursua nt to the FAA Modernization and Reform Act of 2012

34(FMRA) Section 333, which directs the Secretary of Transportation to determine if certain

UAS may operate safely in the NAS. As such, Dustin Gwin Photography’s request for

exemption may be granted pursuant to the authority of FMRA Section 333 and 14 C.F.R.

Part 11, as set forth above.

FMRA Section 333 sets forth the requirements for considering whether a UAS will

create a hazard to users of the NAS or the 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, Dustin Gwin Photography will operate the DJI

Phantom 2 Vision+ , DJI Phantom 3 Professional and DJI Inspire 1 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 security.

CONCLUSION

As set forth herein, Dustin Gwin Photography seeks an exemption pursuant to 14

C.F.R. § 11.61 and Section 333 of the FAA Modernization and Reform Act of 2012

(FMRA), which will permit safe operation of the DJI Phantom 2 Vision+ , DJI Phantom 3

Professional and DJI Inspire 1 UASs commercially, without an airworthiness certificate,

for the limited purpose of conducting aeri al 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 also

advancing the interests of the publi c, by allowing Dustin Gwin Photography to safely,

efficiently, and economically operate the DJI Phantom 2 Vision+ , DJI Phantom 3

Professional and DJI Inspire 1 UASs commercially within the NAS.

WHEREFORE

, in accordance with the Federal Aviation Regulations and the FAA

35Modernization and Reform Act of 2012, Section 333, Dustin Gwin Photography

respectfully requests that the Administrator grant this Petition for an exemption from the

requirements of 14 C.F.R Sections 61.113(a) & (b), 91.7(a), 91.121, 91.151(b)

, 91.405(a),

91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b), and permit Dustin Gwin

Photography to operate the DJI Phantom 2 Vision+ , DJI Phantom 3 Professional and DJI

Inspire 1 UASs commercially for the purpose of conducting aerial video and photography

over certain areas of the United States.

Dated: May 29 th

, 2015

Respectfully submitted,

Dustin Gwin Photography

/s/ Dustin L Gwin

Dustin L Gwin

3024 NW 70 th Street

Oklahoma City, OK 73116

(405) 837

- 9777

Appendices :

A. DJI Phantom 2 Vision+ Specifications Data

B. D JI Phantom 3 Professional Specifications Data

C. DJI Inspire 1 Specifications Data

D. DJI Phantom 2 Vision+ Manufacturer’s User

Manual

E. E

– DJI Phantom 3 Professional Manufacturer’s

User Manual

F. DJI Inspire 1 Manufacturer’s User Manual

G. Monthly Maintenance Log

36APPENDIX

– A

DJI PHANTOM 2 VISION+ TECHNICAL

SPECIFICATIONS

Dustin Gwin Photography only utilizes safe and reliable UASs. DJI is an industry leader

in small UAS production. DJI UASs are loaded with ground breaking software enabling

the user to set parameters which will not allow flight into controll ed airspace. Parameters

can also be set to limit flight to no higher than a predetermined and set altitude as well as

limit flight to a predetermined and set distance. In addition, DJI software provides real

time altitude and location information to the PI C via the linked monitor (smart

phone/tablet devices)

41Aircraft Supported Battery

DJI 5200mAh LiPo Battery

Weight (Battery & Propellers Included)

1242g

Hover Accuracy (Ready To Fly)

Vertical: 0.8m; Horizontal: 2.5m

Max Yaw Angular Velocity

200°/s

Max Tiltable Angle

35°

Max Ascent / Descent Speed

Ascent: 6m/s; Descent: 2m/s

Max Flight Speed

15m/s (Not Recommended)

Diagonal Motor

- Motor Distance

350mm

Gimbal Working Current

Static : 750mA; Dynamic : 900mA

Control Accuracy

±0.03°

Controllable Range

Pitch :

- 90°

- 0°

Maximum Angular Speed

Pitch : 90°/s

Camera Operating Environment Temperature

0 °C

- 40 °C

Sensor Size

1/2.3"

Effective Pixels

14 Megapixels

Resolution

4384×3288

HD Recording

1080p30 & 720p

Recording FOV

110° / 85°

Remote Control Operating Frequency

5.728 GHz

- 5.85 GHz

Communication Distance (Open Area)

CE Compliance: 400m; FCC Compliance: 800m

Receiver Sensitivity (1%PER)

- 93dBm

Transmitter Power

CE Compliance: 25mW; FCC Compliance: 100mW

Working Voltage

120 mA@3.7V

Built

- In LiPo Battery Working Current/Capacity

3.7V, 2000mAh

42Range Extender Operating Frequency

2412

- 2462MHz

Communication Distance (Open Area)

500

- 700m

Transmitter Power

20dBm

Power Consumption

2W

DJI VISION App System Requirement Of Mobile Device

iOS version 6.1 or above/ Android system version 4.0 or above

Mobile Device Support

iOS recommended: iPhone 4s, iPhone 5, iPhone 5s, iPhone 6, iPhone 6 Plus,

Android recommended: Samsung Galaxy S3, S4, Note 2, Note 3 o r phones of

43APPENDIX

– B

DJI PHANTOM 3 PROFESSIONAL TECHNICAL

SPECIFICATIONS

Dustin Gwin Photography only utilizes safe and reliable UASs. DJI is an industry leader in

small UAS production. DJI UASs are loaded with ground breaking software enabling the

user to set parameters which will not allow flight into controlled airspace. Parameters can also be set to limit flight to no higher than a predetermined and set altitude as well as limit

flight to a predetermined and set distance. In addition, DJI software provides real

- time

altitude and location information to the PIC via the linked monitor (smart phone/tablet

devices)

44Aircraft 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: +/

- 0.1 m (when Vision Positioning is active) or +/

- 0.5 m

Horizontal: +/

- 1.5 m

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/GLONASS

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 shots

Auto Exposure Bracketing (AEB): 3/5

Bracketed Frames at 0.7EV Bias

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

Supported SD Card Types

45Micro SD

Max capacity: 64 GB. Class 10 or UHS

- 1 rating required

Max Bitrate Of Video Storage

Phantom 3 Professional

60 Mbps

Phantom 3 Advanced

40 Mbps

Supported File Formats

FAT32/exFAT

Photo: JPEG, DNG

Video: MP4, MOV (MPEG

- 4 AVC/H.264)

Operating Temperature

0°C to 40°C

46Gimbal Controllable Range

Pitch

- 90° to +30°

Stabilization

3

- axis (pitch, roll, yaw)

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

0°C

- 40°C

Battery

6000 mAh LiPo 2S

Mobile Device Holder

For tablet or phone

Receiver Sensitivity (1%PER)

- 101 dBm ±2 dBm

Transmitter Power (EIRP)

FCC: 20 dBm

CE: 16 dBm

Working Voltage

1.2 A @7.4 V

Battery Charger Voltage

17.4 V

Rated Power

Phantom 3 Professional

100 W

Phantom 3 Advanced

57 W

Intelligent Flight Battery Capacity

4480 mAh

Voltage

15.2 V

Battery Type

LiPo 4S

47Energy

68 Wh

Net Weight

365 g

Max Flight Time

Approximately 23 minutes

Operating Temperature

- 10°C to 40°C

Max Charging Power

100 W

App / Live View Mobile App

DJI Pilot

EIRP

100mW

Live View Working Frequency

2.4GHz ISM

Live View Quality

720P @ 30fps (depending on conditions and mobile device)

Latency

220ms (depending on conditions and mobile device)

Required Operating Systems

iOS 8.0 or later

Android 4.1.2 or later

Recommended Devices

iOS: iPhone 5s, iPhone 6, iPhone 6 Plus, iPad Air, iPad Air Wi

- Fi + Cellular, iP

mini 3, and iPad mini 3 Wi

- Fi + Cellular. This app is optimized for iPhone 5s, iP

Android: Samsung S5, Note 3, Sony Xperia Z3, Google Nexus 7 II, Google Nex

*Support for additional Android devices available as testing and development c

48APPENDIX

– C

DJI INSPIRE 1 PROFESSIONAL TECHNICAL

SPECIFICATIONS

Dustin Gwin Photography only utilizes safe and reliable UASs. DJI is an industry leader in

small UAS production. DJI UASs are loaded with ground breaking software enabling the

user to set parameters which will not allow flight into controlled airspace. Parameters can also be set to limit flight to no higher than a predetermined and set altitude as well as limit

flight to a predetermined and set distance. In addition, DJI software provides real

- time

altitude and location information to the PIC via the lin ked monitor (smart phone/tablet

devices)

49Aircraft Model

T600

Weight (Battery Included)

2935 g

Hovering Accuracy (GPS Mode)

Vertical: 0.5 m

Horizontal: 2.5 m

Max Angular Velocity

Pitch: 300°/s

Yaw: 150°/s

Max Tilt Angle

35°

Max Ascent Speed

5 m/s

Max Descent Speed

4 m/s

Max Speed

22 m/s (ATTI mode, no wind)

Max Flight Altitude

4500 m

Max Wind Speed Resistance

10 m/s

Max Flight Time

Approximately 18 minutes

Motor Model

DJI 3510

Propeller Model

DJI 1345

Indoor Hovering

Enabled by default

Operating Temperature Range

- 10° to 40° C

Diagonal Distance

559 to 581 mm

Dimensions

438x451x301 mm

Gimbal Model

ZENMUSE X3

Output Power (With Camera)

Static: 9 W

In Motion: 11 W

Operating Current

Station: 750 mA

Motion: 900 mA

Angular Vibration Range

±0.03°

Mounting

Detachable

Controllable Range

Pitch:

- 90° to +30°

Pan: ±320°

50Mechanical Range

Pitch:

- 125° to +45°

Pan: ±330°

Max Controllable Speed

Pitch: 120°/s

Pan: 180°/s

Camera Name

X3

Model

FC350

Total Pixels

12.76M

Effective Pixels

12.4M

Image Max Size

4000x3000

ISO Range

100

- 3200 (video)

100

- 1600 (photo)

Electronic Shutter Speed

8s

- 1/8000s

FOV (Field Of View)

94°

CMOS

Sony EXMOR 1/2.3”

Lens

20mm (35mm format equivalent)f/2.8 focus at ∞

9 Elements in 9 groups

Anti

- distortion

Still Photography Modes

Single shoot

Burst shooting: 3/5/7 frames

Auto Exposure Bracketing (AEB): 3/5 bracketed frames at 0.7EV Bias

Time

- lapse

Video Recording Modes

UHD (4K): 4096x2160p24/25, 3840x2160p24/25/30

FHD: 1920x1080p24/25/30/48/50/60

HD: 1280x720p24/25/30/48/50/60

Max Bitrate Of Video Storage

60 Mbps

Supported File Formats

FAT32/exFAT

Photo: JPEG, DNG

Video: MP4/MOV (MPEG

- 4 AVC/H.264)

Supported SD Card Types

Micro SD

Max capacity: 64 GB. Class 10 or UHS

- 1 rating required.

Operating Temperature Range

0° to 40° C

Remote Controller Name

C1

51Operating Frequency

922.7~927.7 MHz (Japan Only)

5.725~5.825 GHz

2.400~2.483 GHz

Transmitting Distance (Outdoor And Unobstructed)

2 km

EIRP

10dBm@900m, 13dBm@5.8G, 20dBm@2.4G

Video Output Port

USB, mini

- HDMI

Power Supply

Built

- in battery

Charging

DJI charger

Dual User Capability

Host

- and

- Slave connection

Mobile Device Holder

Tablet or Phone

Max Mobile Device Width

170mm

Output Power

9 W

Operating Temperature Range

- 10° to 40° C

Storage Temperature Range

Less than 3 months:

- 20° to 45° C

More than 3 months: 22° to 28° C

Charging Temperature Range

0

- 40° C

Battery

6000 mAh LiPo 2S

Charger Model

A14

- 100P1A

Voltage

26.3 V

Rated Power

100 W

Battery (Standard) Name

Intelligent Flight Battery

Model

TB47

Capacity

4500 mAh

Voltage

22.2 V

Battery Type

LiPo 6S High voltage battery

Energy

99.9 Wh

Net Weight

52570 g

Operating Temperature Range

- 10° to 40° C

Storage Temperature Range

Less than 3 months:

- 20° to 45° C

More than 3 months: 22° C to 28° C

Charging Temperature Range

0° to 40° C

Max Charging Power

180 W

Battery (Optional) Name

Intelligent Flight Battery

Model

TB48

Capacity

5700 mAh

Voltage

22.8 V

Battery Type

LiPo 6S

Energy

129.96 Wh

Net Weight

670 g

Operating Temperature Range

- 10° to 40° C

Storage Temperature Range

Less than 3 months:

- 20 to 45° C

More than 3 months: 22° to 28° C

Charging Temperature Range

0° to 40° C

Max Charging Power

180 W

Vision Positioning Velocity Range

Below 8 m/s (2 m above ground)

Altitude Range

5

- 500 cm

Operating Environment

Brightly lit (lux > 15) patterned surfaces

Operating Range

0

- 250 cm

DJI Pilot App Mobile Device System Requirements

iOS 8.0 or later

Android 4.1.2 or later

Supported Mobile Devices

* Compatible with iPhone 5s, iPhone 6, iPhone 6 Plus, iPad Air, iPad Air Wi

- Fi

Cellular, iPad mini 3, and iPad mini 3 Wi

- Fi + Cellular. This app is optimized fo

* Samsung S5, Note 3, Sony Xperia Z3, Google Nexus 7 II, Google Nexus 9, M

*Support for additional Android devices available as testing and development c

53APPENDIX

– D

DJI Phantom 2 Vision+ Manufacturer ’ s User Manual

*See attached PDF File

APPENDIX

– E

DJI Phantom 3 Professional Manufacturer’s User Manual

*See attached PDF File

APPENDIX

– F

DJI Inspire 1 Manufacturer’s User Manual

*See attached PDF File

54APPENDIX

– G

Monthly Maint enance Log

UAS #_____ Date Issue Mantainence

Performed Initials

Firmware

Check

Frame

Engines

Propellers

Camera

Gimbal

Landing

Gear

Vibration

Other:

55