### Petition **For Exemption	Pursuant	to	Section	333**  **of	the	FAA	Modernization	and	Reform	Act	of	2012**
My	Creative	Department,	LLC Josh	Gold 14178	E	Grand	Ave Aurora	Co	80015

Dear	Sir	or	Madam,

Pursuant	to	Section	333	of	the	FAA	Modernization	and	Reform	Act of	2012	and	14	CFR	Part 11,	My	Creative	Department,	LLC	is	hereby	requesting	an	exemption	from	the	listed	Federal Aviation	Regulations	to	operate	a	small	Unmanned	Aircraft	System	for	the	purpose	of recording	photography	and	videography	for	compensation	or hire. This	exemption	would	permit	commercial	operation	by	My	Creative	Department, LLC,	using a	DJI	Phantom	3	Professional	UAS	in	order	to	provide	the	following	services: real	estate	advertising land	surveying agricultural	surveying commercial	advertis ement personal	event	photography	and	videography commercial	event	photography	and	videography industrial	inspections
My	Creative	Department,	LLC’s	operation	under	the	exemption	will	be	subject	to	strict operating requirements	and	conditions	to	ensure	an	e quivalent	level	of	safety	to	currently authorized operations	using	manned	aircraft	and	under	conditions	as	may	be	modified	by the	FAA	as required	by	Section	333.
My	Creative	Department,	LLC	respectfully	submits	this	request	fo r	an	exemption	due	to	the increasing	demand	for	aerial	photo	and	video	by	use	of sUASs/UASs from	our	current clients	as	well	as	new	potential	clients

. My	Creative	Depa rtment	has	been	in	business for over	5	years	and	its	owner	and	operator	Josh	Gold	has	bee n	in	the	photo	and	video	industry fro	over	11	years. Approval	of	this	exemption	would	enhance	safety	and	fulfill	the	Secretary of Transportation’s	responsibilities	under	Section	333(c)	of	the	Reform	Act	to	“establish requirements	for	the	safe	operation	of such	aircraft	systems	in	the	national	airspace system.”My	Creative	Department,	LLC	has	organized	this	exemption	request	as	follows:

**I.	Petitioner’s	Description II.	Relevant	Statutory	Authority**  **III.	Qualifications	for	Approval	Under	Section	333	of the	Reform	Act**  **IV.	Description	of	Proposed	Operations V.	Regulations	from	which	Exemption	is	Requested**  **VI.	Public	Interest VII.	Privacy**  **VIII.	Federal	Registry	Summary IX.	Conclusion** 

**I. Petitioner’s	Description** 
My	Creative	Department,	LLC,	headquartered	in Aurora,	Colorado ,	is	a	company	that provides photography	and	video	services	to consumers	and	businesses	alike.	The	services we	provide	include	but	are not	limited	to: real	estate	advertising land	surveying agricultural	surveying commercial advertisement personal	event	photography	and	videography commercial	event	photography	and	videography industrial	inspections
My	Creative	Department,	LLC’s	goal	is	to	operate	in	an	accident

- free	environment	while serving	our community. My	Creative	Depart ment,	LLC	is	owned	and operated	by one	managing	member with	over 7 years	of UAS/UAV/Drone	experience: Josh	Gold 14178	E	Grand	ave. Aurora	CO	80015 720

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**II.	Relevant	Statutory	Authority** This	petition	for	exemption	is	submitted	to	fulfill Congress’	goal	in	passing	Section 333(a)through	(c)	of	the	Reform	Act.	Congress	has	directed	the	FAA	“to	safely	accelerate	the i ntegration	of	civil	unmanned	aircraft	systems	into	the	national	airspace	system.”	Pursuant to Section	333	of	the	Reform	Act,	the FAA	Administrator	is	to	consider	whether	certain unmanned	aircraft	systems	may	operate	safely	in	the	National	Airspace	(“NAS”)	before completion	of	formal	UAS	legislation,	based	on	the	following	considerations: •	The	UAS’s	size,	weight,	speed,	and	operat ional	capability; •	Operation	of	the	UAS	in	close	proximity	to	airports	and	populated	areas;	and•	Operation	of	the	UAS	within	the	visual	line	of	sight	of	the	operator.

If	the	Secretary	determines	that	such	vehicles	“may	operate	safely	in	the	National Airspace System,	the	Secretary	shall	establish	requirements	for	the	safe	operation	of	such	aircraft	in the	National	Airspace	System.” Additionally,	the	FAA	Administrator	has	general	authority	to	grant	exemptions	from	its safety regulations	and	minimum	sta ndards,	and	has	done	so	on	numerous	occasions,	when the Administrator	decides	a	requested	exemption	is	in	the	public	interest.	A	party requesting	an exemption	must	explain	the	reasons	why	the	exemption:	(1)	would	benefit the	public	as	a whole,	and	(2)	woul d	not	adversely	affect	safety	(or	how	it	would	provide	a level	of	safety	at least	equal	to	the	existing	rules).

The	Federal	Aviation	Act	expressly	grants	the	FAA	the	authority	to	issue	exemptions.	This statutory	authority,	by	its	terms,	includes	exemptin g	civil	aircraft,	as	the	term	is	defined under	40101	of	the	Act,	from	the	requirement	that	all	civil	aircraft	must	have	a	current airworthiness	certificate	and	those	regulations	requiring	commercial	pilots	to	operate aircraft in	commercial	service:

**The	Ad ministrator	may	grant	an	exemption	from	a	requirement	of	a**  **regulation prescribed	under	subsection	(a)	or	(b)	of	this	section	or**  **any	of	sections.**

**III.	Qualifications	for	Approval	Under	Section	333	of	the	Reform	Act** The	proposed	operations	in	this	petitio n	for	exemption	quali fy	for	expedited	approval under Section	333	of	the	Reform	Act.	Each	of	the	statutory	criteria	and	other	relevant factors	are satisfied. The	proposed	operations	would	permit My	Creative	Department,	LLC	the	use	of	small unmanned aircraft	systems	under	controlled	conditions	in	airspace	that	is:	(1) predetermined;	(2)	access controlled;	(3)	enhanced	with	an	increased	level	of	safety	beyond that	existing	when	fixed	or rotor	wing	aircraft	are	used	to	accomplish	the	same	purpose.
My	C reative	Department,	LLC	uses	a	UAS	(DJI	Phantom	3	Professional)	that	is	multi

- rotor, weighing less	than	55	pounds,	including	payload.	Under	normal	conditions,	it	operates	at speeds	less than	50	mph	and	has	the	capability	to	fly,	hover,	and	move	in	the	vert ical	and horizontal plane. My	Creative	Department,	LLC’s	UASs	will	operate	in	line	of	sight,	during daylight	hours,	and will	only	operate	within	a	sterile	area. My	Creative	Department,	LLC	will operate	at	or	below	400 feet	above	ground	and	will	file	a	NOTA M	for	each	flight	operated	in controlled	airspace.	All required	permissions	and	permits	would	be	obtained	from territorial,	state,	county,	or	city jurisdictions,	including	local	law	enforcement,	fire,	or	other appropriate	governmental agencies	prior	to	ope rating	a	UAS.

Given	the	small	size	of	the	UAS’s	involved	and	the	restricted	sterile	environment	within which they	will	operate,	FT	Aerial	Services,	LLC’s	exemption	falls	within	the	zone	of	safety and demonstrates	an	equivalent	level	of	safety,	in	which	C ongress	desired	the	FAA	to	permit commercial	UAS	operations	by	exemption	pending	the	completion	of	formal	legislation.Also,due	to	the	size	of	the	UASs	and	the	confined	area	in	which	they	will	operate,	approval

of	the exemption	presents	no	hazard	in	the	Na tional	Airspace	System. Considering	the	clear	direction	in	Section	333	of	the	Reform	Act,	the	authority	contained	in the	Federal	Aviation	Act,	as	amended,	the	equivalent	level	of	safety	surrounding	the proposed	operations,	and	the	significant	public	benef it,	the	grant	of	the	requested exemptions	is	also	in	the	public	interest. **IV.	Description	of	Proposed	Operations** To	assist	the	FAA	in	its	safety	assessment	of My	Creative	Department,	LLC’s	proposed	UAS operations,	below	is	a	summary	of	operational	limita tions	and	conditions	that	will	ensure
an equivalent	or	higher	level	of	safety	to	operations	conducted	under	current	regulatory guidelines: 1.	The	UAS	will	weigh	less	than	55	pounds, 2.	Flights	will	be	operated	within	line	of	sight	of	the	PIC	and	observer. 3.	Maximum	total	flight	time	for	each	operational	flight	w ill	be	limited	to	the	amount	of time the	UAS	can	be	flown	and	still	maintain	a	reserve	battery	power	of	no	less	than	25%. 4.	Flights	will	be	operated	at	an	altitude	of	no	more	than	400	feet	above	g round. 5.	Minimum	crew	for	each	operation	will	consist	of	the	UAS	Pilot	in	Command	and	a	Visual Observer. 6.	Prior	to	the	operations	at	a	particular	location,	a	site	inspection	will	have	been conducted. 7.	All	UAS’s	will	be	maintained	in	accordance	with	in spection	programs	specified	in	the manufacturer’s	guidelines. 8.	The	PIC	and	VO	will	at	all	times	be	able	to	communicate	by	voice. 9.	The	PIC,	VO,	and	any	other	operational	personnel	will	h ave	been	fully	trained	prior	to having	any	operational	responsibili ties. 10.	All	required	permissions	and	permits	would	be	obtained	fro m	territorial,	state,	county
or city	jurisdictions,	including	local	law	enforcement,	fire	or	other	appropriate governmental agencies. 11.	If	the	UAS	loses	communication	signal,	the	UAS will	have	the	capabili ty	to	return	to	a predetermined location	with	the	sterile	area	and	land. 12.	The	UAS	PIC	has	the	capability	to	abort	a	flight	in	case	of	unpredicted	obstacles	or emergencies. 13. My	Creative	Department,	LLC,	by	following	FAA,	NTSB,	an d	AFS

- 80	best	practices,	will
assure	no individuals’	privacy	is	violated. 14.	Procedures	have	been	established	by My	Creative	Department,	LLC	to	contact	ATC	prior to operating	in	airspace	other	than	G.

**V.	Regulations	from	which	Exemption	is	Requested**
To	use	a	UAS	for	data	collection, My	Creative	Department,	LLC	requests	relief	from	the following sections	of	Title	14	of	the	Code	of	Federal	Regulations: **§61.101(e)(4)	and	(5)	and	§61.113(a)	Private	Pilot	Limitations:	Pilot	in	Command**Sections	61.101(e)( 4)	and	(5)	and	61.113(a)	limits	private	pilots	to	non

- commercial

operations.	However,	because	the	aircraft	will	not	carry	pilots or	passengers	and	is	limited in the	type	of	operation	and	the	area	of	operation,	a	private	pilot	can	achieve	the	equivalent level	of	safety	for	the	proposed	operations	as	a	commercial	pilot.	First,	unlike	conventional manned	aircraft,	UASs	are	remotely	controlled	by	a	ground	based	pilot	operator	in	a controlled	and	restricted	area.	Second,	the	aircraft	is	much	smaller	than	a	ma nned	aircraft that	the	level	of	risk	associated	with	its’	operation	is	diminished	from	the	level	of	risk associated	with	commercial	operations	contemplated	by	part	61.	Therefore,	allowing aircraft use	by	a	private	pilot	as	the	PIC	meets	or	exceeds	the	pres ent	level	of	safety	sought by	14 CFR	61.101(e)(4)&(5)	and	61.113(a). **§61.315(a)	Sport	Pilot	Limitations** Section	61.315(a)	limits	sport	pilots	to	non

- commercial	operations.	However,	because the	aircraft	will	not	carry	pilots	or	passengers	and	is	limited	i n	the	type	of	operation	and	the area	of	operation,	a	private	pilot	can	achieve	the	equivalent	level	of	safety	for	the	proposed operations	as	a	commercial	pilot.	First,	unlike	conventional	manned	aircraft,	UASs	are remotely	controlled	by	a	ground	based	pilo t	operator	in	a	controlled	and	restricted	area. Second,	the	aircraft	is	much	smaller	than	a	manned	aircraft	that	the	level	of	risk	associated with	its’	operation	is	diminished	from	the	level	of	risk	associated	with	commercial operations contemplated	by	par t	61.	Therefore,	allowing	aircraft	use	by	a	private	pilot	as the	PIC	meets or	exceeds	the	present	level	of	safety	sought	by	14	CFR	61.315(a). **§91.7(a)	Civil	Aircraft	Worthiness** Section	91.7(a)	requires	a	civil	aircraft	to	be	in	an	airworthy	condition	for operation, which	accordingly	includes	an	airworthiness	certificate	in accordance	with	14	CFR	part 21, Subpart	H.	To	maintain	an	equivalent	level	of	safety,	the	PIC	will	ensure	that	the	aircraft is	in compliance	with	the	Operating	Manual	and	the	FOPM	prior to	each	flight.	Additionally, the Pilot	will	still	comply	with	91.7(b)	and	ensure	that	the	aircraft	is	in	condition	for	a	safe flight. **§91.119(c)	Minimum	Safe	Altitudes** Section	91.119(c)	establishes	safe	altitudes	for	operation	of	civil	aircraft	over	othe r than	congested	areas. My	Creative	Department,	LLC	requests	authority	to	operate	up	to	400 AGL over	uncontested	areas.	The	aircraft	will	operate	in	a	limited	area	within	pre

- defined boundaries	with	the	consent	of	the	landowner/controller	and	require	that all	non

- essential persons	remain	clear	of	the	flight	area	during	operations.	The	PIC	will	make	a	safety assessment	of	the	risk	of	operating	the	aircraft	and	ensure	no	undue	hazard	is	present	for persons	or	property.	Considering	the	size,	weight	and	speed	o f	the	aircraft,	these protections will	ensure	the	equivalent	level	of	safety	of	minimum	safe	altitudes.	Compared to	flight operations	for	manned	aircraft	and	the	lack	of	flammable	fuel,	any	risk	associated with	the proposed	aircraft	operations	is	far	less than	conventional	aircraft	operating	at	or below	500	ft AGL.	In	addition,	the	low

- altitude	operations	of	the	aircraft	will	ensure separation	with conventional	aircraft. **§91.121	Altimeter	Settings** Section	91.121	requires	each	person	operating	an	aircraft	t o	maintain	cruising	altitude by	reference	to	an	altimeter	that	is	set	“to	the	elevation of	the	departure	airport	or	anappropriate	altimeter	setting	available	before	departure.”	The	DJI	Phantom	3	Professional

does	not	have	a	barometric	altimeter,	but	inste ad	uses	GPS	altitude	data. My	Creative Department, LLC	establishes	an	equivalent	level	of	safety	by	requiring	the	pilot	to	confirm that	the	GPS altitude	is	set	to	zero	before	every	flight. **§91.151(a)(1)	Fuel	Requirements	for	Flight	in	VFR	Conditions** Secti on	91.151(a)(1)	requires	all	day	VFR	flights	to	operate	with	enough	fuel	to	fly	to first	point	of	intended	landing	and	then	for	at	least	an	additional	thirty	minutes. The	batteries	that	power My	Creative	Department,	LLC	unmanned	aircraft	systems	provide
a pproximately	23	minutes	of	powered	flight	time	and	therefore	is	unable	to	meet	this requirement.	However,	the	DJI	Phantom	3	Professional	has	a	low	battery	alarm	along	with	a critical	battery	limit	that	automatically	sends	the	aircraft	back	to	its	departure point.	Also, because	the	aircraft	will	be	flying	in	a	confined	area	without	the	presence	of	non

- essential persons	and	with	landowner/controller	permissions,	an	equivalent	level	of	safety	can	be achieved	by	flight	planning	all	flights	to	return	to	intended landing	site	with	a	minimum	of 25%	reserve	power	in	accordance	with	the	FOPM. **§91.405(a),	§91.407(a)(1),	§91.409(a)(1)	and	(2),	§91.417(a)	and	(b)	Maintenance Inspections**  Sections	§91.405(a),	§91.407(a)(1),	§91.409(a)(1)	and	(2),	§91.417(a)	and	(b) require that	an	aircraft	operator	or	owner	shall	“have	that	aircraft	ins pected	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...,”	and others	shall	inspect	or	maintain	the	aircraft	in	compliance	with	Part	43. Given	that	these	sections	and	Part	43	apply	only	to	aircraft	with	an	airworthiness certificate,	these	sections	will	not	apply	to My	Creative	Departm ent ,	LLC	operations. Maintenance will	be	accomplished	by My	Creative	Department,	LLC	in	accordance	with	the operations	manual	and FOPM.	The	Pilot	in	Command	will	ensure	that	the	aircraft	is	in working	order	prior	to	flight and	will	perform	some	maintenance and	inspection	of	the aircraft	and	“be	authorized	to approve	the	aircraft	for	return	to	service.”	Additionally,	the Pilot	in	Command	will	conduct detailed	inspections	of	the	aircraft	every	10	hours	of	flight. Maintenance	performed	by	the PIC	is	limited	to replacing propellers ,	and	updating	software and firmware.	All	other	maintenance	will	be	performed	by	the	manufacturer.
My	Creative	Department,	LLC	will	keep	a	log	of	maintenance	performed.	Moreover, My Creative	Depratment,	LLC	and	the	PIC	are	most	famili ar	with	the	aircraft	and	best	suited	to maintain	it	in an	airworthy	condition. An	equivalent	level	of	safety	will	be	achieved	because	the	DJI	Phantom	3	Professional is	limited	in	size,	will	carry	a	small	payload	and	operate	only	in	restricted	areas	for li mited periods	of	time.	If	mechanical	issues	arise,	the	aircraft	can	land	immediately	and	will	be operating	no	higher	than	400	feet	AGL.
**VI.	Privacy** There	is	little	concern	that	the	proposed	flights	will	cause	invasions	of	privacy	because flights	will	occu r	over	private	or	controlled	access	property	with	the	land	owner’s	prior consent	and	knowledge.**VII.	Public	Interest**

Use	of	the	DJI	Phantom	3	Professional	drone	is	in	the	public	interest	because	it	is	safer for	people	and	structures	than	conventional	mann ed	aircraft.	Fi rst,	risk	to	the	flight	crew	is virtually	eliminated	by	using	an	unmanned	aircraft.	Second,	by	flying	a	small	aircraft weighing less	than	55	pounds	and	carrying	no	fuel,	risk	to	persons	and	structures	on	the	ground	is greatly	reduced. Finally,	use	of	the	DJI	Phantom	3	Professional	benefits	the	public	because	it is	better	for	the	environment	through	reduction	in	noise	and	environmental	pollution. **VIII.	Federal	Registry	Summary** My	Creative	Department,	LLC	seeks	an	exemption	from	the	foll owing	sections	of	Title	14	of the	Code	of	Federal	Regulation:	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	commercially	operate	an	unmanned	airc raft	system	for	commercial purposes including	but	not	limited	to:	aerial	photography,	aerial	videography,	land surveying,	and industrial	inspections. As	established	by	the	UAS	exemptions	already	granted by	the	FAA,	allowing	commercial operations	of	UASs	f

or	aerial	photography	and	videography	will	enhance	safety	by	reducing risk.	Conventional	aerial	photography,	aerial	videography,	aerial	surveying,	and	aerial inspections	using	manned	aircraft	present un avoidable	risks	to	flight	crew	and	persons	and struct ures	on	the	ground	because	the	aircraft	is	flying	at	low	altitudes	with	large	amounts	of fuel.	In	contrast,	a	UAS	weighing	less	than	55	pounds	and	powered	by	batteries	eliminates virtually	all	of	that	risk	given	the	small	size	and	lack	of	combustible	fuel. Environmental risks are	also	eliminated	by	using	an	aircraft	that	does	not	have	emissions.	Therefore,	by using	an UAS	for	the	purposes	outlined	by My	Creative	Department,	LLC,	the	risk	to	persons and	structures will	be	significantly	reduced.

**IX.	Conclusi on**  My	Creative	Department,	LLC	requests	an	exemption	from	the	aforementioned	sections	of 14 CFR.	The	exemption	is	in	the	public	interest	because	it	will	increase	safety	for	persons and structures	and My	Creative	Department,	LLC	will	provide	an	equivalent or	greater	level of	safety	as provided	for	in	the	applicable	14	CFR	sections.