1 UNITED STATES OF AMERI CA DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION

WASHI NGTON, D.C.

**IN THE MATTER OF THE PETITION FOR EXEMPTION OF: David J. Story**  **IN WONDERLAND FILMS 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 PLUS AND DJI PHANTOM 3 UNMANNED AI**  **RCRAFT SYSTEMS**  **PURSUANT TO SECTION 333 OF THE FAA MODERNIZATION AND REFORM ACT OF 2012** 

**(PUBLIC LAW 112**
**- 95)** 

Submitted on September 10 , 2015 David J. Story IN WONDERLAND FILMS 197 Kaha Street Kailua, HI 96734 Cell: 808

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- 0655 Email: davidfifty @gmail.com2 **TABLE OF CONTENTS** Page
GLOSSARY OF ABBREVIATIONS...................................................................................3
SUMMARY....................................................................................... ....................................4
IN TRODUCTION AND INTERESTS OF PETITIONER....................................................4
BACKGROUND.............................................................................................................. ......4
BASI S FOR PETITION......................................................................................................... 4
NAME AND ADDRESS OF PETITIONER............................................................. 6
THE SPECI FI C SECTIONS OF 14 C.F.R. FROM WHI C H DAVID J. STORY SEEKS EXEMPTI ON...

. ................... . .................................................. ..... ................. 6
THE EXTENT OF RELIEF DAVID J. STORY SEEKS AND THE REASON DAVID J. STORY SEEKS THE RELIEF.......................

................................. ...... .. .9
THE REASONS WHY GRANTING DAVID J. STORY REQUEST WOULD BE IN THE PUBLIC INTEREST .........

......... ... .... ...... ................. .... ... ............1 1
THE REASONS WHY GRANTING THE EXEMPTI ON WOULD NOT ADVE RSEL Y AFFECT S AFETY................

.......... ................................................1 3
SUMMARY THAT CAN BE PUBLISHED IN THE FEDERAL REGI STER...... 23 ANY ADDITIONAL INFORMATION, VIEWS, OR ARGUMENTS AVAILABLE TO SUP PORT DAVID J.STORY REQ UEST

..... ............. ............... 2 3
CONCLUSION...................................................................................................................

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APPENDI CES........................................................................

. ................ 24

**GLOSSARY OF ABBREVIATIONS**3

AGL Above Ground Level AOI Area of Interest ATC Air Traffic Control ATO Air Traffic Organization ATP Airline Transport Pilot AV Aerial Vehicle CFR Code of Federal Regulations COA Certificate of Authorization FAA Federal Aviation Adminis tration FAR Federal Aviation Regulation GCS Ground Control Station GPS Global Positioning Sy stem LOL Loss of Link NAS National Airspace Sy stem PI C Pilot In Command Section 333 FAA Modernization and Reform Act of 2012 (FMRA) Section 333 SO Safety Observer SOP Standard Operating Procedures SUA Small Unmanned Aircraft UA Unmanned Aircraft UAS Unmanned Aircraft Sy stem VFR Visual Flight Rules VLOS Visual L ine of Site VMC Visual Meteorological Conditions VTOL Vertical Takeoff and Landing4 **SUMMARY**
IN WONDERLAND FILMS (David J. Story) seek s exemption from the requirements of 14 C.F.R §§ 61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b), to operate an Unmanned Aircraft Sy stem pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (FMRA). This exemption will permit me to operate an Unmanned Aircraft Sy stem (UAS) for the commercial purpose of conductin g aerial video and photograph y for real estate, special events, cinematograph y , search and rescue and aerial mapping

.

**INTRODUCTION AND INTERESTS OF THE PETITIONER** In Wonderland Films is a film making, photography and videograph y company
. Petitioner is a retired Hawaiian Airlines Captain with over 22,000 flight hours. Petitioner has been a professional pi lot for 36 years making him well versed in aviation regulations and procedures. Petitioner has spent his last 14 y ears as a Boeing 767 Captain. Petitioner has an ATP and Commercial pilo t license. Petitioner has a First Class medical dated 10/09/2014. Petitioner has ex tensive experience fl yi ng SUA recrea tionall y in all aspects of aerial video and photograph y. Petitioner ’s objective in aerial video and photograph y operations is to provid e high quality imaging for a variety

of film making projects , commercial photography and videograph y for special events, aerial mapping , search and rescue and Real Estate. Petitioner plans to i ncrease public knowl edge of UAS and promote safe SUA operations.
**BACKGROUND** Unmanned Aircraft Sy stems: DJIPhantom 2 Vision Plus and DJIPhantom 3
In Wonderland Films (David J. Story ) seek s an exemption to operate DJ I sy stems for compensation or hire within the NAS. The DJ I Phantom 2 Vision Plus and DJIPhantom 3 are vertical takeoff and landing (VTOL) Unmanned Aircraft (UA) with a Ground Control Station (GCS) utilizing electronic tablet or smart phone systems. The DJ I Phantom 2 Vision Plus and DJIPhantom 3 have a maximum gross weight of approximately 1280 gram, whil e having a length of 16 inches width of 16 inches, height of 8 inches, and a m aximum speed of approximately

35 knots. The DJ I Phantom 2 Vision Plus and DJIPhantom 3 UA are equipped with four main rotors; driven by L ithium Poly

mer battery

powered electric motors. The DJ I Phantom 2 Vision Plus and DJIPhantom 3 UA that will be operated by In Wonderland Films 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, InWonderland Films (David J. Story ) pursuant to the provisions of the Federal Aviation Regulations (14 C.F.R. § 11.61) and the FAA Modernization and Reform Act of 2012 (FMRA), Section 333, Special Rules for Certain Unmanned Aircraft Systems , hereb y petitions the Administrator to commerciall y operate the DJ I Phantom 2 Vision Plus and DJI Phantom 3 UAS in the National Airspace Sy stem (NAS), and for an exemption from the requirements of 14 C.F.R §§ 61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b).5

In consideration of the speed, weight, size, and limited operating area assoc iated with the unmanned aircraft and its operation, In Wonderland Films , will meet the conditions of FMRA Section 333 and therefore, will not require an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H. Accordingl y, In Wonderland Films , request s 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 onl y apply to aircraft with an airworthiness certificate. In Wonderland Films submit s that the requested relief is proper since an equivalent level of safet y will be ensured. Petitioner will use his experience to perform maintenance, alterations, or preventive maintenance on the UAS using the methods, techniques, and practices prescribed i n the operating documents (i.e., Monthly Maintenance Log, and DJ I Phantom 2 Vision Plus and DJIPhantom 3 Instruction Manual). Furthermore, Petitioner will document and maintain all maintenance records for the DJ I Phantom 2 Vision Plus and DJIPhantom 3 UA S

. Relief from certain requirements of Section 61.113(a) and (b), entitled Private pilot privileges and limitations: Pilot in command , is requested by In Wonderland Films to the extent necessary to allow a Pilot in Command (PI C) by meeting minimum flight

- hour and currency requirements, that the PIC is able to safel y operate the DJ I Phantom 2 Vision Plus and DJI Phantom 3 UAS in a manner consistent with this exemption, including evasive and emergency maneuvers and maintaining appropriate distances from peo ple, vessels, vehicles and structures. In Wonderland Films seek s relief from Section 91.7(a), entitled Civil aircraft airworthiness , because the DJ I Phantom 2 Vision Plus and DJIPhantom 3 UAS do not require an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H. As such, In Wonderland Films will ensure that the 3 UAS are in an airworthy condition, prior to every

flight, by determining that the UAS are in compliance with the operating documents (i.e., Monthly Maintenance Lo g, and DJI Phantom 2 Vision Plus and DJ I Phantom 3 Instruction Manual), and that the aircraft are in a condition for safe flight. In Wonderland Films also seek s an exemption from the requirements of Section 91.121, entitled Altimeter Settings , as the DJ I Phantom 2 Vision Plus and DJIPhantom 3 UA will not have a t ypical barometric altimeter onboard. However, altitude information of the DJ I Phantom 2 Vision Plus and DJIPhantom 3 UA will be provided to the PI C via Global Positioning Sy stem (GPS) equipment and radio c ommunications telemetry data link, which downlinks from the UA to the GCS for active monitoring of the flight path. This altitude information, combined with my operation of the DJ I Phantom 2 Vision Plus and DJIPhantom 3 UAS within visual line of sight, at or below 400 feet AGL, will ensure a level of safet y equivalent to Section 91.121. Additionally , In Wonderland Films seeks an exemption from the requirements of Section 91.151(b), entitled Fuel requirements for flight in VFR conditions

. InWonderland Fil ms submit s that safet y will not be affected b y operation of the DJIPhantom 2 Vision Plus and DJ I Phantom 3 UA during day light hours in visual meteorological conditions (VMC) under visual flight rules (VFR), with enough battery power to fl y for a total dur ation of approximately 15 minutes to the first point of intended landing and, assuming normal cruising speed, to fl y after that for at least 4.5 minutes. In accordance with 14 C.F.R. § 11.81, In Wonderland Films provides the following information in suppo rt of its petition for exemption:6

**A. Name And Address Of The Petitioner**  **:** In Wonderland Films David J. Story 197 Kaha Street Kailua, HI 96734 Cell: 808

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- 0655 Email: davidfifty @gmail.com **B. The Specific Sections Of 14 C.F.R. from Which In Wonderland**  **Films S**  **eeks Exemption.**
**1. In Wonderland Films**  **Seek s**  **Exemption From The Requirements Of Section 61.113(a) And (b).**  Section 61.113, entitled Private pilot privileges and limitations: Pilot in command , subsections (a) and (b) prescribe the following, in relevant part: (a) No person who holds a private pilot certificate may act as a pilot in command (PI C) of an aircraft that is carry ing passengers or property for compensation or hire; nor may that pers on, for compensation or hire, act as PI C of an aircraft. (b) A private pilot may , for compensation or hire, act as PIC of an aircraft in connection with any business or employ

ment if

— (1) The flight is only

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

for compensation or hire.
**2. In Wonderland Films**  **Seek s**  **Exemption From The Requirements Of Section 91.7(a).**  Section 91.7, entitled Civil A ircraft A irworthiness , subsection (a), states the following: (a) No person may

operate a civil aircraft unless it is in an airworth y condition. **3. In Wonderland Films**  **Seek s**  **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 set, when operating

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

-- (i) The current reported altimete r setting of a station along the route and within 100 nautical miles of the aircraft;7 (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. In Wonderland Films**  **Seek s**  **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 enou gh 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. In Wonderland Films**  **Seek s**  **Exemption From The Requirement Of Section 91.405(a).**  Section 91.405, entitled Maintenance r equired , 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, h ave discrepancies repaired as prescribed in part 43 of this chapter[.]

**6. In Wonderland Films**  **Seek s**  **Exemption From The Requirements Of**  **Section 91.407(a)(1)**  Section 91.407, entitled Operation after maintenance, preventive maintenance, rebuilding, or alteration , subsection (a)(1), states the following: (a) No person may

operate any

aircraft that has undergone maintenance, preventive maintenance, rebuilding, or alteration unless

-- (1) It has been approved for return to service b y a person authorized under § 43.7 of this chapter.
**7. In Wonderland Films**  **Seek s**  **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:8

(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 ha s been approved for return to service b y 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. In Wonderland Films**  **Seek s**  **Exemption From The Requ irements 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 appro priate, for each aircraft (including the airframe) and each engine, propeller, rotor, and appliance of an aircraft. The records must include

-- (i) A description (or reference to data acceptable to the Administrator) of the work performed; and (ii) The date of completion of the work performed; and (iii) The signature, and certificate number of the person approving the aircraft for return to service. (2) Records containing the following information: (i ) The total time in service of the airframe, each engine, each propeller, and each rotor. (ii) The current status of life

- limited parts of each airframe, engine, propeller, rotor, and appliance. (iii) The time since last overhaul of all items installed o n 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 b y the inspection program under which the aircraft and its appliances are maintained.9 (v) The current status of applicable airworthiness directives (AD) and safety directives including, for each, the method of compliance, the AD or safety directive number and revision date. If the AD or safet y directive involves recurring ac tion, the time and date when the next action is required. (vi) Copies of the forms prescribed b y § 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 ope rator shall retain the following records for the periods prescribed: (1) The records specified in paragraph (a)(1) of this section shall be retained until the work is repeated or superseded b y other 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.

**C. The Extent Of Relief In Wonderland Films**  **Seek s**  **And The Reason In Wonderland**  **Films Seek**  **s The Relief.** 
**1 . Extent Of Relief**  **In Wonderland Films Seek**  **s And The Reason**  **In Won derland**  **Films Seek**  **s 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 limit ations 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 employ

ment if: (1) The flight is only incidental to that business or employ ment; and (2) Th e aircraft does not carry passengers or property

for compensation or hire. As set forth more full y below, In Wonderland Films submit s that an equivalent level of safet y will be maintained because no PIC will be allowed to operate the DJ I Phantom 2 Vision Plus and DJIPhantom 3 UAS except for the petitioner

. Further, In Wonderland Films submit s that all flights of the DJ I Phantom 2 Vision Plus and DJ I Phantom 3 UAS , conducted by the PIC pursuant to the grant of this Petition: (1) will be incidental to petitioner and (2) will not carry passengers or propert y for compensation or hire.10

**2. Extent Of Relief**  **In Wonderland Films Seek**  **s And The Reason**  **In Wonderland Films**  **Seek s**  **Relief From Section 91.7(a).** Relief from Section 91.7(a) entitled Civil aircraft a irworthiness , is requested to the extent required to allow In Wonderland Films to determine that the DJ I Phantom 2 Vision Plus and DJI Phantom 2 Vision Plus and DJIPhantom 3 UAS are in airworth y condition prior to every flight by ensuring that the UAS is in compliance with the operating documents (i.e., Operations Manual, Monthly

Maintenance Log, and DJ I Phantom 2 Vision Plus and DJIPhantom 3 Instruction Manual). In Wonderland Films seek s the requested relief because the DJ I Phantom 2 Vision Plus and DJ I Phantom 3 UAS do not require an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H. Therefore, In Wonderland Films will ensure that the DJIPhantom 2 Visi on Plus and DJIPhantom 3 UAS are in airworth y condition based upon its compliance with the operating documents (i.e., Monthly Maintenance Log, and DJ I Phantom 2 Vision Plus and DJ I Phantom 3 In struction Manual) prior to every flight, and further, determin e that the aircraft are in condition for safe flight, as stated in the conditions and limitations below. **3. Extent Of Relief In Wonderland Films**  **Seek s**  **And The Reason In Wonderland**  **Films Seek**  **s Relief From Section 91.121.**  Relief from Section 91.121, entit led Altimeter settings , may be required to allow flight operations of the DJ I Phantom 2 Vision Plus and DJIPhantom 2 Vision Plus and DJ I Phantom 3 UAS , 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 co ncerning UAS operations be reported to air traffic control (ATC) in feet above ground level (AGL), In Wonderland Films seek s the requested relief because the DJ I Phantom 2 Vision Plus and DJ I Phantom 3 UA’s altimeter may be set on the ground to zero feet A GL, 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 limi tations stated below. As more full y set forth herein, an equivalent level of safet y will be maintained since the DJIPhantom 2 Vision Plus and DJ I Phantom 3 UA are equipped with a barometric pressure sensor and GPS equipment, which automatically ensures th at a ground level pressure setting will be established prior to each flight, and provides the PI C with altitude information of the UA on the heads

- up display

of the GCS. **4. Extent Of Relief In Wonderland Films**  **Seek s**  **And The Reason In Wonderland**  **Films See**  **k s**  **Relief From Section 91.151(b).** Relief from Section 91.151(b) entitled Fuel requirements for flight in VFR conditions , is requested to the extent required to allow flights of the battery powered DJ I Phantom 2 Vision Plus and DJIPhantom 3 UA during day light hours in visual meteorological conditions (VMC), under visual flight rules (VFR), for a total duration of 15 minutes to the first point of intended landing and, assuming normal cruising speed, to fly after that for at least 4.5 minutes. In Wonderland Films seek s the requested relief because without an exemption from Section 91.151(b), the flight time duration of the battery powered DJ I Phantom 2 Vision Plus and DJ I11

Phantom 3 UA will severely constrain the practicality of any aerial video or still phot o flight operations that In Wonderland Films proposes to conduct pursuant to this Petition. Significantl y, as set forth below, the technical specifications of the DJ I Phantom 2 Vision Plus and DJIPhantom 3 UAS , the DJ I Phantom 2 Vision Plus and DJI Phantom 3 operating documents, and In Wonderland Films proposed operating limitations, ensure that In Wonderland Films will safely

operate the battery

powered DJ I Phantom 2 Vision Plus and DJIPhantom 3 UA during day light hours in visual meteorological con ditions (VMC), under visual flight rules (VFR), with enough battery power to fl y for a total duration of 13.5 minutes to the first point of intended landing and, assuming normal cruising speed, to fl y after that for at least 4.5 minutes.
**5. Extent Of Reli ef**  **In Wonderland Films Seek**  **s And The Reason**  **In Wonderland Films**  **Seek s**  **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) onl y apply to aircraft with an airworthiness certificate, In Wonderland Films request s relief from these Sections because the DJ I Phantom 2 Vision Plus and DJIPhantom 3 UAS do not require airworthiness certificates. As set forth more full y below, the DJ I Phantom 2 Vision Plus and DJI Phantom 3 UAS meet the conditions of FMRA Section 333 for operation without an airworthiness certificate. Accordingl y , In Wonderland Films will perform maintenance, alterations, or preventive maintenance on the UAS using the methods, techniques, and practices prescribed in the UAS operating documents (i.e., the Operations Manual, Monthly Maintenance Lo g, and DJ I Phantom 2 Vision Plus and DJIPhan tom 3 In struction Manual). Furthermore, In Wonderland Films will document and maintain all maintenance records for the DJ I Phantom 2 Vision Plus and DJIPhantom 3 UAS

. **D. The Reasons Why Granting In Wonderland Films**  **Request Would Be In The Public Interes**  **t; That Is, How It Would Benefit The Public As A Whole.** Granting the present Petition will further the public interest b y allowing In Wonderland Films t o safely , efficiently , and economically perform aerial video and photograph y operations to provide high quality

imaging for a variety

of filmmaking projects, commercial photography and videograph y for special events, aerial mapping, search and rescue and Real Estate. Petitioner plans to increase public knowledge of UAS and promote safe SUA operations. Additionally , use of the DJIPhantom 2 Vision Plus and DJ I Phantom 3 UAS will decrease congestion of the NAS, reduce pollution, and provide significant benefits to the econom y. Notabl y, the benefits of In Wonderland Films proposed operation of the DJ I Phantom 2 Vision Plus and DJIPhantom 3 UAS will be realized without implicating any privacy issues. **1. The Public Will Benefit From Decreased Congestion Of The NAS.** The DJ I Phantom 2 Vision Plus and DJI Phantom 3 UA are battery powered and serve as a safe, efficient, and economical alternative to the manned aircraft traditionally utilized to obtain aerial imagery . By

reducing the amount of manned aircraft needed to perform aerial acquisitions, an exemptio n allowing the use of a DJ I Phantom 2 Vision Plus and DJIPhantom 3 UAS would12

reduce the amount of manned aircraft in the NAS, reduce noise and air pollution, as well as increase the safet y of life and propert y in the air and on the ground. Furthermore, b y reducing the number of manned aircraft operating in the NAS, congestion around airports caused b y arriving and departing aircraft will be reduced. The DJ I Phantom 2 Vision Plus and DJIPhantom 3 UA 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 during 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 Plus and DJI Phantom 3 UAS** 
**.** Conducting aerial acquisitions with the DJIPhantom 2 Vision Plus and DJ I Phantom 3 UAS , instead of manned aircraft, will greatl y benefit the public by drastically

reducing the levels of air and noise pollution generated during traditional aerial video and still photography flight operations. By

using battery

power and electric motors, the DJ I Phantom 2 Vision Plus and DJI Phantom 3 UAS produce no air pollution, and is the most viable environmentally conscious alternative to the cabin class, six cylinder internal combustion engine aircraft that are t ypicall y utilized for aerial video and photograph y, while burning approximately 20

- 30 gallons per hour of leaded aviation fuel. The DJIPhantom 2 Vision Plus and DJ I Phantom 3 UA , while reducing the carbon footprint of aerial acquisitions, also elimin ates noise pollution, as the UA are propelled by battery powered electric motors, rather than an inter nal combustion engine. By using the DJ I Phantom 2 Vision Plus and DJ I Phantom 3 UAS 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 completel y eliminated. Aside from the lack of flight crew members located onboard the aircraft, the DJ I Phantom 2 Vision Plus and DJIPhantom 3 UA (weighing approximately 2 pounds 11 ounces, at maximum gross we ig hts with lengths of 16 inches, widths of 16 inches, and with no fuel on board), has less phy sical potential for collateral damage to life and propert y on the ground, and in the air, compared to the manned aircraft that ty picall y conduct similar operation s (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 Video and Photography Operations With The DJI Phantom 2**  **Vision Plus and DJI Phantom 3 UAS**  **Will Benefit The Economy.** In addition to being safe and efficient, the DJ I Phantom 2 Vision Plus and DJIPhantom 3 UAS are also an economical alternative to using manned aircraft to conduct similar aerial operations. As such, operation of the DJ I Phantom 2 Vision Plus and DJIPhantom 3 UAS will allow United States based companies, like In Wonderland Films to remain competitive and contribute to growth of the U.S. econom y. Specifically, with the rising cost of aviation fuel and the Environmental Pro tection Agency (“EPA”) regulatory

actions phasing out leaded aviation fuels, U.S. owned and operated companies must adopt new and alternative technology in order to remain competitive. Operating the battery powered D JIPhantom 2 Vision Plus and DJIPhantom 3 UAS is one such technology that not only

allows companies greater operational flexibility13

compared to manned aircraft, but provides such flexibility without the high operational cost of a traditional manned aircraft. By operating the DJ I Phantom 2 Visi on Plus and DJIPhantom 3 UAS , companies such as In Wonderland Films can remain competitive and profitable, and therefore, provide greater job stability to employ ees and contractors, which will ultimately contribute to growth of the U.S. econom y. Improved financial performance of U.S. companies, through commercial use of the DJIPhantom 2 Vision Plus and DJ I Phantom 3 UAS , provides a stable workforce that increases consumer spending; improves local, state, and federal tax revenues; and allows companies to i nvest in research and development in order to remain competitive both in the United States and abroad. **4. There Are No Privacy Issues.** Similar to the manned aerial acquisition flight operations that have been conducted for decades, In Wonderland Films proposed operation of the DJ I Phantom 2 Vision Plus and DJI Phantom 3 UAS will not implicate any privacy issues. Specificall y, the DJ I Phantom 2 Vision Plus and DJIPhantom 3 UAS will be operated only in compliance with operating documents (i.e., the Operations Manual, Monthly Maintenance L og, and DJ I Phantom 2 Vision Plus and DJI Phantom 2 Vision Plus and DJIPhantom 3 Instruction Manual) which requires propert y 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 Ho**  **w The Exemption Would Provide A Level Of Safety At Least Equal To That Provided By The Rule From Which I Seek Exemption.**  **1. Reasons Why The DJI Phantom 2 Vision Plus and DJI Phantom 3**  **UA 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, my operation of the DJ I Phantom 2 Vision Plus and DJI Phantom 3 UAS meet the conditions of FMRA Section 333, and will not require an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H. Section 333 provides authority for a UAS to operate without airworthiness certification 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.

--Notwithstanding any other requirement of this subtitle, and not later than 180 days after the date of enactment of this Act, the Secretary of Transportation shall determine if certain unmanned aircraft systems may operate safely in the national airspace system before completion of the plan and rulemaking required by section 332 o

f 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

--14 (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 n ational 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 parag raph (1 ). (c) Requirements for Safe Operation.

--If the Secretary determines under this section that certain unmanned aircraft systems may operate safely in the national airspace system, the Secretary shall establish requirements for the safe operation of such aircraft systems in the national airspace system. In seeking this exemption, InWonderland Films submit s that the DJIPhantom 2 Vision Plus and DJIPhantom 3 UAS can operate safel y i n the NAS pursuant to FMRA Section 333, as demonstrated b y: (a) the characteristics of the DJ I Phantom 2 Vision Plus and DJIPhantom 3 UAS ; (b) the pilot certification requirement; and (c) the specific operating limitations.

**a. The S pecifications Of The**  **DJI Phantom 2 Vision Plus and DJI Phantom 3 UAS**  **Demonstrate Its Safe Characteristics.** The DJ I Phantom 2 Vision Plus and DJIPhantom 3 UAS do not create a hazard to users of the NAS or the public, or otherwise pose a threat to national securit y considering its size, weight, speed, and operational capability

.

**i. Technical Specifications Of The DJI Phantom 2 Vision Plus and DJI**  **Phantom 3 UAS** 
**.** The technical specifications of the DJ I Phantom 2 Vision Plus and DJIPhantom 3 UAS are set forth b y the DJ I Phantom 2 Vision Plus and DJIPhantom 3 Specifications and Data Sheet. **ii. The DJI Phantom 2 Vision Plus and DJI Phantom 3**  **UAS Autonomous** 

**Flight And Navigation Modes Enable The UAS**  **To Remain Within A Defined Operational Area.**  The DJ I Phantom 2 Vision Plus and DJIPhantom 3 UAS may be operated in both manual and fully autonomous flight modes. A complete description of the flight and navigational modes of the DJ I Phantom 2 Vision Plus and DJIPhantom 3 UAS is available on

- line at DJ I Phantom 2 Vision Plus User Manual and DJ I Phantom 3 User Manual

.

**iii. The DJI Phantom 2 Vision Plus and DJI Phantom 3**  **UAS Are Designed**  **For Automatic Return To Home Point O r Hover In The Event Of Loss**  **Of The Control Link Or Navigation.**15

When the Control L ink is lost, the DJIPhantom 2 Vision Plus and DJIPhantom 3 UA will remain stationary , in flight, for 3 seconds or more. If, after 3 seconds, the DJ I Phantom 2 Vision Plus and DJIPhantom 3 UA do not reacquire control link data from the GCS, the UA will assume that the Control Link is lost and the UA will return to the home position (i.e., failsafe mode) via GPS, and will descend to the takeoff position and shutdown. A complete description of the Failsafe Functions of the DJ I Phantom 2 Vision Plus and DJIPhantom 3 UAS is available on

- line at DJ I Phantom 2 Vision Plus User Manual and DJ I Phantom 3 User Manual

.

**a. Flights Of DJI Phantom 2 Vision Plus and DJI Phantom 3**  **U AS**  **Will Be Conducted Pursuant To Specific Operating Limitations.**  In seeking this exemption, InWonderland Films propose s to commercially operate DJ I Phantom 2 Vision Plus and DJIPhantom 3 UAS for the purpose of conducting aerial video and photograph y 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 UAS weighing less than 55 pounds maximum gross weight: DJ I Phantom 2 Vision Plus and DJ I Phantom 3 Unmanned Aircr aft Sy stems. Proposed operations of any other aircraft will require a new petition or a petition to amend this grant. 2. UAS operations under this exemption will be limited to conducting operations for the purpose of aerial video and photography

. 3. Th e UA may

not be flown at an indicated airspeed exceeding 20 knots. 4. The UA must be operated at an altitude of no more than 400 feet above ground level (AGL), as indicated b y t he procedures specified in the operating documents unless a special request i s made and approved b y ATC. All altitudes reported to ATC must be in feet AGL. 5. The UA must be operated within visual line of sight (VLOS) of the PI C at all times. This requires the PIC to be able to use human vision unaided b y an y device other than co rrective lenses, as specified on the PI C’s FAA

- issued airman medical certificate. 6. The use of first person view (FPV) b y the PI C or safet y observer (SO) is not permitted. 7. All operations must utilize a safet y observer (SO). The SO may be used to satisfy the VLOS requirement as long as the PIC alway s maintains VL OS capability . The SO and PI C must be able to communicate verbally at all times. Electronic messaging or texting is not permitted during flight operations. The PI C must be designated before the flight and cannot transfer his or her designation for the duration of the flight. The PI C must ensure that the SO can perform the functions prescribed in the operating documents.16

8. The SO must not perform any other duties bey ond assisting the PI C with seeing and avoiding other air traffic and other ground based 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 exists between the conditions and limitations contained in the grant of exemption and the procedures outlined in the operating documents, the conditions and limitations contained in the grant o f 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. I t is the operator’s responsibility

to track such revisi ons and present updated and revised documents to the Administrator upon request. The operator must also present updated and revised documents if it petitions for extension or amendment to the grant of exemption. I f the operator determines that any update o r 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 I ntegration Office (AFS

- 80) may be contacted if questions arise regarding updates or revision s to the operating documents. 10. Prior to each flight the PI C 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 ope rating 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 alterations that affect the UAS operation or flight characteristics, e.g. replacement of a flight critical component, must undergo a functional test flight. The PI C who conducts the functio nal 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 alread y covered in the relevant sections of the operating documen ts. 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 aircraf t records, including total time in service, description of work accomplished, and the signature of the authorized person returning the UAS to service. 15. Each UAS operated under this exemption must comply with all manufacturer Safet y Bulletins. 16. Th e authorized person must make an entry in the aircraft record of the corrective action taken against discrepancies discovered between inspections.17

17. The operator may

not permit any

PIC to operate unless the PI C meets the operator’s qualification criter ia and demonstrates the ability to safel y operate the UAS in a manner consistent with how the UAS will be operated under the exemption, including evasive and emergency

maneuvers and maintaining appropriate distances from persons, vessels, vehicles and stru ctures. 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 onl y be conduc ted during dedicated training sessions. During training, proficiency , and experience

- building flights, all persons not essential for flight operations are considered nonparticipants, and the PIC must operate the UA with appropriate distance from nonpartici pants in accordance with 14 C.F.R. § 91.119.
1 8 . UAS operations may

not be conducted during night, as defined in 14 C.F.R. § 1.1. All operations must be conducted under visual meteorological conditions (VMC). If flight at night is required, a special requ est will be made at the FAA office closest to proposed area of operations. Flights under special visual flight rules (SVFR) are not authorized. 19 . The UA may

not operate within 5 nautical miles of an airport reference point as denoted on a current FAA

- p ublished 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 b y the operator’s COA. The letter of agreement with the airport management must be ma de available to the Administrator upon request. 2 0 . The UA may

not be operated less than 400 feet below or less than 2,000 feet horizontally

from a cloud or when visibility is less than 3 statute miles from the PI C. 2 1 . 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. 2 2 . The PI C must abort the flight in the event o f unpredicted obstacles or emergencies in accordance with the operating documents. 2 3 . The PI C is prohibited from beginning a flight unless (considering wind and forecast weather conditions) there is enough power to fl y at normal cruising speed to the in tended landing point and land the UA with 25% battery power remaining. 2 4 . The operator must obtain an Air Traffic Organization (ATO) issued Certificate of Waiver or Authorization (COA) prior to conducting an y operations under the grant of exemption. Thi s COA will also require the operator to request a Notice to Airman (NOTAM) not more than 72 hours in advance, but not less than 48 hours prior to the operation. All operations shall be conducted in accordance with airspace requirements in the ATO issued CO A including class of airspace, altitude level and potential transponder requirements.18

2 5 . 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. Markings must be as large as practicable. 2 6 . Before conducting operations the radio frequency spectrum used for operation and control of the UA must comply with the Federal Communica tions Commission (FCC) or other appropriate government oversight agency requirements. 2 7 . The documents required fewer than 14 C.F.R. 91.9 and 91.203 must be available to the PI C 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 u

pon request. 2 8 . The UA must remain clear and yi eld the right of way to all manned aviation operations and activities at all times. 29 . The UAS may

not be operated b y the PIC from any moving device or vehicle. 3 0 . Flight operations must be conducted at least 500 feet from all nonparticipating persons (persons other than the PI C, SO, operator trainees or essential persons), vessels, vehicles, and structures unless: a. Barriers or structures are present that sufficiently protect nonparticipating person s 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, flig ht operations must cease immediately and/or; b. The aircraft is operated near vessels, vehicles or structures where the owner/controller of such vessels, vehicles or structures has granted permission and the PI C has made a safet y assessment of the risk o f operating closer to those objects and determined that it does not present an undue hazard, and; c. Operations nearer to the PI C, SO, operator trainees or essential persons do not present an undue hazard to those persons per § 91.119(a). 3 1 . All operat ions 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 conduc ted. 3 2 . Any incident, accident, or flight operation that transgresses the lateral or vertical boundaries of the operational area as defined b y t he applicable COA must be reported to the FAA's UAS Integration Office (AFS

- 80) within 24 hours. Accidents mu st be reported to the National Transportation Safet y Board (NTSB) per instructions contained on the NTSB Web site: www.ntsb.gov

.19

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

- hour and currency requirements, that the PI C is able to safel y operate the DJ I Phantom 2 Vision Plus and DJIPhantom 3 UAS in a manner consistent with the exemption, including evasiv e and emergency maneuvers and maintaining appropriate distances from people, vessels, vehicles and structures. Considering In Wonderland Films 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 safel y operate the DJIPhantom 2 Vision Plus and DJ I Phantom 3 UAS, InWonderland Films submit s that the additio nal manned airmanship experience of a commerciall y certificated pilot would not correlate to the airmanship skills necessary for In Wonderland Films specific proposed flight operations. The FAA has previously

granted relief from Section 61.113(a) and (b) specific to UAS, in circumstances similar, in all material respects, to those presented herein (e.g. Exemption Nos. 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110, 11112, 11136, 11138, 11150, 11153, 11156, 11158, 11159, 11160, 11161). In Wo nderland Films will not allow any PIC to operate the DJ I Phantom 2 Vision Plus and DJ I Phantom 3 UAS except petitioner and that PI C has demonstrated, by meeting minimum flight

- hour requirements or the DJ I Phantom 2 Vision Plus and DJIPhantom 3 UAS trainin g and currency requirements, that the PI C is able to safely operate the DJ I Phantom 2 Vision Plus and DJIPhantom 3 UAS in a manner consistent with this exemption, including evasive and emergency

maneuvers and maintaining appropriate distances from people, vessels, vehicles and structures. Specificall y, the PI C must have accumulated and logged, in a manner consistent with 14 C.F.R. § 61.51(b), 25 hours of total time as a UAS rotorcraft pilot (with a minimum of 5 hours of those hours as a UAS pilot operating the same make and model of UAS to be used for operations under the exemption). In addition to the hour requiremen ts, the PI C must accomplish 3 takeoffs and landings in the preceding 90 day s (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 safet y during m y 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 PI C must have accumulated and logged, in a manner consistent with 14 CFR 61.51(b), 25 hours of total time as a UAS rotorcraft pilot including at least 10 hours logged as a UAS pilot with a multi

- rotor UAS. Prior to operations under Exemption No. 11062, the PI C must also have accumulated and logged a minimum of 5 hours as a UAS pilot operating the same make and model of UAS to be used for operations under the exemption. For clarification, the FAA considers these minimum hour requirements to be inclusive rather than additive; i.e. 5 hours make and model time may be included in the 10 hours of multi

- rotor time and the20

10 hours may

b e 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 day s (for currency

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

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

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

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

- building flights the PI C is required to operate the UA with appropriate distances in accordance with 14 C.F.R 91.119. Exemption No. 11138 at page 15. Accordingl y, In Wonderland Films will ensure safe operations b y not allowing an y P IC to operate the DJ I Phantom 2 Vision Plus and DJ I Phantom 3 UAS unless that PI C has demonstrated, b y meeting minimum flight

- hour and currency requirements, that the PI C is able to safel y operate the DJ I Phantom 2 Vision Plus and DJIPhantom 3 UAS in a manner consistent with the exemption, inc luding evasive and emergency maneuvers and maintaining appropriate distances from people, vessels, vehicles and structures. **3. Reasons Why An Exemption From The Requirements Of Section 91.7(a) Would Not Adversely Affect Safety.**  The equivalent level of safet y established b y Section 91.7(a) will be maintained because prior to every

flight, In Wonderland Films will ensure that the DJ I Phantom 2 Vision Plus and DJIPhantom 3 UAS is in an airworth y condition based upon the UAS’s compliance with its operating documents and as stated in the conditions and limitations herein. Additionally , the FAA has previously granted relief from Section 91.7(a) specific to UAS, in circumstances similar, in all material respects, to those presented herein (e.g. Exemption Nos. 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110, 11112, 11136, 11138, 11150, 11153, 11156, 11157, 11158, 11159, 11160, 11161). **4. Reasons Why An Exemption From The Requirements Of Section 91.121 Would Not Adversely Affect Safety.**  The equ ivalent level of safet y established b y Section 91.121 will be maintained because the altitude information of the DJ I Phantom 2 Vision Plus and DJIPhantom 3 UA will be provided to the PI C via GPS equipment and a radio communications telemetry data link, wh ich downlinks from the UA to the GCS for active monitoring of the flight path and altitude. This altitude information, combined with my operation of the DJ I Phantom 2 Vision Plus and DJI Phantom 3 UA within visual line of sight, at or below 400 feet AGL, w ill ensure a level of safety equivalent to Section 91.121. The altitude information will be generated b y GPS equipment installed onboard the aircraft. Prior to each flight, a zero altitude initiation point is automatically established by

the UAS at ground level. The FAA has previously

granted relief from Section 91.121 specific to UAS, in circumstances similar, in all material respects, to those presented herein (e.g. Exemption Nos.21

11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11112, 11136, 1113 8, 11150, 11153, 11156, 11157, 11158, 11159, 11160, 11161). **5. Reasons Why An Exemption From The Requirements Of Section 91.151(b) Would Not Adversely Affect Safety.**  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 DJ I Phantom 2 Vision Plus and DJIPhantom 3 UAS ; (2) the limitations on the proposed flig ht operations; and (3) the location of the proposed flight operations. Accordingl y, In Wonderland Films will ensure that it will safely

operate the battery

powered DJ I Phantom 2 Vision Plus and DJIPhantom 3 UA during day light hours in VFR conditions, with enough battery power to fly for a total duration of 15 minutes to the first point of intended landing and, assuming normal cruising speed, to fly after that for at least 4.5 minutes. Here, as in Exemption No . 11109, the technical specifications of the DJ I Phantom 2 Vision Plus and DJIPhantom 3 UAS ; the limitations on the proposed flight operations; and the location of the proposed operations, will ensure an equivalent level of safety established b y 14 C.F.R. Section 91.151(b). Furthermore, safet y will be ensured as the DJ I Phantom 2 Vision Plus and DJ I Phantom 3 UAS provide audible and visual warnings to the PI C at the GCS when the UA experiences low battery voltage, the first warning occurring at approximate ly 33% remaining battery power, and again at approximately 10% remaining battery

power. At the criticall y low battery level, the DJ I Phantom3 UAS will descend and land automaticall y. Significantl y, previous exemptions granted b y the FAA concerning Section 91.151 establish that safet y is not adversel y affected when the technical characteristics and operating limitations of the UAS are considered. Relief has been granted for manned aircraft to operate at less than the minimums prescribed in Section 91.151, i ncluding Exemption Nos. 2689, 5745, and 10650. Moreover, the FAA has previousl y 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 91.4**  **17(a) & (b) Would Not Adversely Affect Safety.**  In seeking this exemption, InWonderland Films submit 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 In Wonderland Films will use trained technicians to perform maintenance, alterations, or preventive maintenance on the UAS using the methods, techniques, and practices prescribed in the opera ting documents (i.e., the Operations Manual, Monthly Maintenance Log, and DJ I Phantom 2 Vision Plus and DJIPhantom 3 In struction Manual). Furthermore, I will document and maintain all maintenance records for the DJ I Phantom 2 Vision Plus and DJIPhantom 3 UAS

.22

Likewise, the exemption sought will not adversel y affect safety because In Wonderland Films will use my

experience to perform maintenance, alterations or preventive maintenance on the UAS using the methods, techniques, and practices prescribed b y the operating documents. Furthermore, the exemption sought would maintain an equivalent level of safet y established by

Sections 91.407, 91.417(a) and 91.417(b), because all maintenance of the DJ I Phantom 2 Vision Plus a

nd DJIPhantom 3 UAS will be performe d by me. Maintenance will be documented and maintained utilizing the monthly maintenance log. Significantl y, previous exemptions granted b y the FAA concerning Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b) establish that safe ty is not adversel y affected when the technical characteristics and operating limitations of the UAS are considered. In consideration of m y proposed operating limitations, the operating documents, and the technical aspects of the DJIPhantom 2 Vision Plus and DJ I Phantom 3 UAS , Isubmit that safet y will not be adversel y affected b y granting exemption from 14 C.F.R. Sections 91.405(a), 91.407(a)(1) and (a)(2), 91.409(a)(2), and 91.417(a) and (b). The FAA has previously granted relief specific to UAS in circ umstances 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 Prescr ibe Any Other Conditions For Safe Operation.**  In accordance with Section 333 of the FAA Modernization and Reform Act of 2012 (FMRA) and 14 C.F.R. § 21.16 entitled Special Conditions , InWonderland Films request s that the FAA prescribe special conditions f or the intended operation of the DJ I Phantom 2 Vision Plus and DJIPhantom 3 UAS , which contain such safet y standards that the Administrator finds necessary to establish a level of safet y equivalent to that established by 14 C.F.R. Part 21, Subpart H, and 14 C.F.R §§ 61.113(a) & (b), 91.7 (a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b). Such special conditions will permit safe operation of the UA for the limited purpose of conducting aerial video and photograph y o ver certain 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 , provides 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 p ursuant to 14 C.F.R. § 21.16, for operation of the DJ I Phantom 2 Vision Plus and DJIPhantom 3 UAS , since the airworthiness regulations of 14 C.F.R. Part 21 do not contain adequate or appropriate safet y standards, due to the novel or unusual design feature s of the aircraft. Section 21.16, entitled Special Conditions , states the following: If the FAA finds that the airworthiness regulations of this subchapter do not contain adequate or appropriate safet y standards for an aircraft, aircraft engine, or propeller because of a novel or unusual design feature of the aircraft, aircraft engine or p ropeller, he prescribes special conditions and amendments thereto for the product. The special conditions are issued in accordance with Part 11 of this chapter and contain such safet y standards for the aircraft, aircraft engine or propeller as the FAA find s necessary to establish a level of safet y equivalent to that established in the regulations.23

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 Leading Edge’s intende d operation of the DJIPhantom 2 Vision Plus and DJIPhantom 3 UAS , which contain such safet y standards that the Administrator finds necessary to establish a level of safet y equivalent to that established by 14 C.F.R. Part 21, Subpart H, and 14 C.F.R Secti ons 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 I**  **Seek Exemption:** In Wonderland Films 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 I**  **Seek:** This exemption will pe rmit In W onderland Films 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**  **In Wonderland Films**  **Request.** This Petition is made pursuant to the FAA Modernization and Reform Act of 2012 (FMRA) Section 333, which directs the Secretary of Transportation to determine if certain UAS may operate safel y in the NAS. As such, In Wonderland Films ’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 securit y; and further, provides the authority for such UAS to operate without airworthiness certification. As discussed in detail above, In Wonderland Films will operate the DJ I Phantom 2 Vision Plus and DJIPhantom 3 UAS safely in the NAS, without creating a hazard to users of the NAS, or the public, or otherwise pose a threat to national securit y.

**CONCLUSION** As set forth herein, In Wonderland Films seeks an exemption pursuant to 14 C. F.R. § 11.61 and Section 333 of the FAA Modernization and Reform Act of 2012 (FMRA), which will permit safe operation of the DJ I Phantom 2 Vision Plus and DJIPhantom 3 UAS commerciall y, without an airworthiness certificate, for the limited purpose of cond ucting aerial video and photograph y 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 o f the public, b y allowing In Wonderland24

Films to safely , efficiently , and economically operate the DJ I Phantom 2 Vision Plus and DJI Phantom 3 UAS commercially within the NAS.
**WHEREFORE** , in accordance with the Federal Aviation Regulations and the FAA Modernization and Reform Act of 2012, Section 333, InWonderland Films respectfull y requests that the Administrator grant this Petition for an exemption from the requirements of 14 C.F.R Sec tions 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 In Wonderland Films to operate the DJI Phantom 2 Vision Plus and DJI

Phantom 3 UAS commercially for the purpose of conducting aerial video and photograph y over certain areas of the United States. Dated: June 5 , 2015 Respectfully submitted,

_________________________ In Wonderland Films David J. Story 197 Kaha Street Kailua, HI 96734 Cell: 808

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- 0655

APPENDI CES: Appendix A

– DJI

Phantom 2 Vision Plus and Phantom 3 Technical Specifications Appendix B

- Phantom 2 Vision Plus and Phantom 3 Pre

- Flight Inspection Check L ist Appendix C

– Phantom Flying Flowchart Appendix D

– Monthly

Maintenance Log

**APPENDIX A**
**DJI PHANTOM 2 VISION PLUS AND DJI PHANTOM 3 TECHNICAL**  **SPECIFICATIONS** In Wonderland Films only utilizes safe and reliable UAS . DJ I is an industry leader in small UAS production. DJ I UAS 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 p redetermined 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)

.25

Phantom 2 Vision Plus and Phantom 3 Purchased from Intelligent UAS ( DJI authorize d dealer) General Specs. **Weight (Including Battery And Propellers)**  1280 g **Diagonal Size (Including Propellers)** 590 mm **Max Ascent Speed** 5 m/s **Max Descent Speed** 3 m/s **Hover Accuracy** Vertical: +/

- 10cm Horizontal: +/

- 1m **Max Speed** 16 m/s (ATTI mode, no wind) **Max Altitude Above Sea Level** 6000 m **Operating Temperature** 0°C to 40°C **GPS Mode** GPS/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 (v ideo) 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 2 Vision Plus FHD: 1920x1080p 24/25/30/48/50/60 HD: 1280x720p 24/25/30/48/50/60 **Supported SD Card Types** Micro SD26

Max capacity: 64 GB. Class 10 or UHS

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

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

- 90° to +30° **Stabilizati on**  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** 1.1

**A PPENDIX**  **B** Phantom 2 Vision Plus and Phantom 3 Pre

- Flight Inspection Check List
Pre

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

charged and checked

- Transmitter, UAS, iPad, iPhone, approved/compatible device  Props tightened and locked  SD card in camera  Lens cap removed (As nece ssary )27

 Antennae up and parallel  Transmitter turned on (press once, release, then press and hold for 3 seconds)  Ensure Transmitter is in P Mode  UAS turned on (press once, release, then press and hold for 3 seconds)  Flick the transformation switch on transmitter up and down 4 times quickly to convert from travel mode to flight mode or use the app  DJIPilot app quit and restarted, no other running apps on iPad  Tap bar at top of app (Safe to F ly GPS) for full status  Maps are cached (move the map around, zoom in an out)  Minimum return height adjusted (check for tallest object and set accordingl y)  UAS placed in safe launch and recover position  Home point reprog rammed via app  Area clear of people / obstructions Flight Check Li st  Hover close for 20 seconds. Look / L isten for defects  Confirm expected stick operation  Monitor battery

power  Monitor signal strength  Keep line

- of

- sight with UAS

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

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

o Ensure atmospheric conditions are optimal for safe operation of UAV/UAS Select a safe zone to “ditch” the UAV/UAS in the event an emergency landing is required28 **A PPENDIX C** 29 **A PPENDIX**  **D**