UNITED STATES OF AMERI CA DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION

WASHI NGTON, DC

Regulatory

Docket No. _______________

**IN THE MA TTER OF THE PETITION FOR EXEMPTION OF**  **: DESERT UNMA**  **NNED SYSTEMS TECHNOLOGY (DUST) FOR A**  **N EXEMPTION SEEKING RELIEF FROM THE REQUIREMENTS OF**

**TITLE 14 OF THE CODE OF FEDERA L REGULA** **TIONS 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), A ND 91.417(a) & (b) CONCERNING COMMERCIA**  **L OPERA** **TION OF**  **CHASE UNMA**  **NNED AI**  **RCRA FT SYSTEMS** 

**PURSUA NT TO SECTION 333 OF**  **THE FAA**

**MODERNIZA TION A**  **ND REFORM A CT OF 2012**  **(PUBLIC LA**

**W 112 -**  **95)**

Submitted on November 4 th , 2015 Cy rus Roohi Desert Unmanned Sy stems 1094 Oakland Dr King George, VA 22485 Tel: (718) 612

- 28282 **TA BLE OF CONTENTS**  Page GLOSSARY OF ABBREVIATIONS...................................................................................3 SUMMARY................................................................................................... ........................4 IN TRODUCTION AND INTERESTS OF PETITIONER............

............................... ........4 BACKGROUND.....................................................................................

...................... ........5 BASI S FOR PETITION...................................................................

............................... ......5 NAME AND ADDRESS OF PETITIONER..............................

......................... .....8 THE SPECIFI C SECTIONS OF 14 C.F.R. FROM WHI CH DUST SEEKS RELIEF.
.................... .............................................................................................. ...8 THE EXTENT OF RELIEF DUST SEEKS AND THE REASON DUST SEEKS THE RELIEF....
....... ............ . .. ............................................................................... ...12 THE REASONS WHY GRANTING DUST REQUEST WOULD BE IN THE PUBLIC INTEREST ..................................

................................ ......... .... ...... ..... ...15 THE REASONS WHY GRANTING THE EXEMPTI ON WOULD NOT ADVERSELY AFFECT SAFETY............................................ ..............................18 SUMMARY THAT CAN BE PUBLISHED INTHE FEDERAL REGI STER......32 ANY ADDITIONAL INFORMATIO N, VIEWS, OR ARGUMENTS AVAILABLE TO SUPPORT DUST REQUEST

.............................. . ......... ...33 CONCLUSION...................................................................................... ..............................33 APPENDI CES

............................... ........................................... ............................... ............ 353 **GLOSSARY 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 Sy stem NOTAM Notice to Airman PI C 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 Sy stem VFR Visual Flight Rules VLOS Visual L ine of Site VMC Visual Meteorological Conditions VTOL Vertical Takeoff and Landing4 **SUMMA RY**  Desert Unmanned Sy stems Technology (DUST) 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 Sy stem pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (FMRA). This exemption will permit DUST to operate an Unmanned Aircraft S ys tem (UAS) for the commercial purpose of conducting aerial video and photography of construction sites, real estate, special events, film sets, and landscape over certain areas of the United States.

**INTRODUCTION AND INTERES**  **TS OF THE PETITIONER** DUST provides its clients with expertise and knowledge in advanced technologies and solutions to increase efficiency , productivity and effectiveness. DUST also provides its clients with the highest quality digital content for use in th eir commercial, personal, and
non - profit multimedia projects. DUST has over 24 ye ars of combined professional experience in unmanned aerial s ys tems. Staff is also comprised of professional videographers with experience in all aspects of manned aerial video an d photograph y. The objective of DUST aerial video and photography operation s is to provide high quality imaging for a variety

of comme rcial, publi c, and residential uses, targeting: Aerial inspections of public and private structures. Search and Rescue operations Aerial photograph y

/videography

of houses / residential and comm ercial buildings Aerial event photograph y/videograph y Aerial event filming Aerial Appraisals Real Estate Marketing Insurance Inspections of Home and Property Commercial Advertising Video and Photograph y5 Real Estate Photograph y and Videograph y FREE services offered to our community , firefighter and state officials Nature Monitoring

**BA CKGROUND** 

Unmanned Aircraft Sy stems: DJIPhantom 3 UAS DUST seeks an exemption to operate DJ I systems for compensation or hire within the NAS. The DJ I Phantom 3 is a vertical takeoff and landing (VTOL) Unmanned Aircraft (UA) with a Ground Control Station (GCS) utilizing electronic tablet or smart phone sy stems. Th e DJ I Phantom 3 has a maximum gross weight of 2 pounds 13.1 ounces, a length of 16.2 inches, width of 16.6 inches, height of 10.5 inches, and a maximum speed of approximately

31.1 knots. The DJ I Phantom 3 UA is equipped with four main rotors ; Driven by

L ithium Poly

mer battery

powered electric motors. The DJ I Phantom 3 UA that will be operated b y DUST and 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

. **BA SIS FOR PETITION**  Petitioner, DUST , 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 33 3, Special Rules for Certain Unmanned Aircraft Systems , hereb y petitions the Administrator to commerciall y operate the 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). In consideration of the speed, weight, size, and limited operating area associated with the unmanned aircraft and its operation, DUST operation of DJIP hantom 3 UAS meets6

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, DUST 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 onl y apply to aircraft with an airworthiness certificate. DUST submits that the requested relief is proper since an equivalent level of safety will be ensured. DUST w ill use experienced personnel or technicians to perform maintenance, alterations, or preventive maintenance on the UAS using the methods, techniques, and practices prescribed in the operating documents (i.e., Monthly Maintenance Log, and DJI Phantom 3 Instruction Manual) ). Furthermore, DUST will document and maintain all maintenance records for the DJ I Phantom 3 UAS
. Relief from certain requirements of Section 61.113(a) and (b), entitled Private pilot privileges and limitations: Pilot in command, is reques ted by DUST to the extent necessary to allow a Pilot in Command (PI C) holding a private pilot or higher level certificate, as well as an airman medical certificate, and who has demonstrated, b y meeting minimum flight

- hour and currency requirements, that the PI C is able to safely operate the 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. DUST seeks relief from Section 91.7(a), entitled Civil aircraft airworthiness , because the DJIPhantom 3 UAS do not require an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H. As such, DUST submits that he will ensure that the DJI Phantom 3 UAS are in an airworth y condition, prior to every flight, b y determining that the7

UASs are in compliance with the operating documents (i.e., Monthly Maintenance Log, and DJIPhantom 3 Instruction Manual), and that the aircraft are in a condition for safe flight. DUST also seeks an exemption from the requirements of Section 91.121, entitled Altimeter Settings , as the DJIPhantom 3 UAS will not have a typical barometric altimeter onboard. However, altitude information of the DJI Phantom 3 UAS will be p rovided to the PI C via Global Positioning S ys tem (GPS) equipment and radio communications telemetry data link, which downlinks from the UA to the GCS for active monitoring of the flight path. This altitude information, combined with DUST operation of DJIP hantom 3 UAS within vis ual line of sight, at or below 4 00 feet AGL, will ensure a level of safety equivalent to Section 91.121. Additionally , DUST seeks an exemption from the requirements of Section 91.151(b), entitled Fuel requirements for flight in VFR conditions

. DUST submits that safet y will not be affected by operation of the DJ I Phantom 3 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 approx imately 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. In accordance with 14 C.F.R. § 11.81, DUST provides the following information in support of its petition for exemp tion:

**A. Name A**  **nd Ad**  **dress Of The Petitioner.**8

The name and address of the Petitioner and point of contact is: Cy rus Roohi DUST 1094 Oakland Dr King George, VA 22485 Tel: ( 718) 612

- 2828 Email: croohi@desertunmanned.com **B. The Spec ific Sections Of**  **14 C.F.R. From Which**  **DUST Seeks Exemption.**  **1. DUST**  **Seeks Exemption From The Requirements Of Section 61.113(a) A**  **nd (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 carrying passengers or propert y for compensation or hire; nor may

that pers on, 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 an y business or emplo ym ent 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. DUST**  **Seeks Exemption From The Requirements Of Section 91.7(a).** Section 91.7, entitled Civil aircraft airworthiness , subsection (a), states the following: (a) No person may

operate a civil aircraft unless it is in an airworthy condition. **3. DUST**  **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, b y reference to an altimeter that is set, when operating

--9 (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. DUST**  **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. DUST**  **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 in spections, except as provided in paragraph (c) of this section, have discrepancies repaired as prescribed in part 43 of this chapter[.] **6. DUST**  **Seeks Exemption From The Requirements Of**  **Section 91.407(a) (1)**  Section 91.407, entitled Operation after maintenance, preventive maintenance, rebuilding, or alteration , subsection (a) (1), states the following: (a) No person may

operate any

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

--10 (1) It has been ap proved for return to service by a person authorized under § 43.7 of this chapter [.] **7. DUST**  **Seeks Exemption From The Requirements Of Sections 91.409(a)**  **(1) A nd 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 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. DUST**  **Seeks Exemption From The Requirements Of Sections 91.417(a) A**  **nd 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 spec ified in paragraph (b) of this section: (1) Records of the maintenance, preventive maintenance, and alteration and records of the 100

- hour, annual, progressive, and other required or approved inspections, as appropriate, for each aircraft (including the airframe) and each engine, propeller, rotor, and appliance 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; an d (iii) The signature, and certificate number of the person approving the aircraft for return to service. (2) Records containing the following information:11 (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 cur

rent 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 safe ty directives including, for each, the method of compliance, the AD or safet y 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 b y § 43.9(d) of this chapter for each major alteration to the airframe and currentl y installed engines, rotors, propellers, and appliances. (b) The owner or operator shall retain the following records for the periods prescribed: (1) The records speci fied in paragraph (a)(1) of this section shall be retained until the work is repeated or superseded b y other work or for 1 ye ar after the work is performed. (2) The records specified in paragraph (a) (2) of this section shall be retained and transferred w ith 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**  **DUST Seeks A**  **nd The Reason DUST**  **Seeks The Relief. 1. Extent Of Relief**  **DUST Seeks A**  **nd The Reason DUST**  **Seeks Relief From Section 61.113(a) A**  **nd (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 PI C holding12

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 PI C of an aircraft in connection with an y b usiness 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 propert y for compensation or hire. As set forth more full y below, DUST submits that an equivalent level of safety will be maintained because no PI C will be allowed to operate the DJIPhantom 3 UAS unless that PI C has met certain flight

- hour and currency requirements, demonstrating that the PIC is able to safel y operate eithe r the DJIPhantom 3 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 , DUST submits that all flights of the DJ I Phantom 3 UAS , conducted by the PI C pursuant to the grant of this Petition: (1) will be incidental to DUST business; and (2) will not carry

passengers or property for compensation or hire. **2. Extent Of Relief DUST**  **Seeks A nd The Reason**  **DUST 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 DUST to determine that the DJIPhantom 3 UAS are in airworth y condition prio r to every flight by ensuring that the UAS is in compliance with13

the operating documents (i.e., the DUST Aerial Operations Manual, Monthly Maintenance Lo g, and DJ I Phantom 3 Instruction Manual). DUST seeks the requested relief because the DJ I Phantom 3 UAS do not require an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H. Therefore, DUST will ensure that the DJ I Phantom 3 UAS are in airworth y condition based upon its compliance with the operating documents (i.e ., Monthly Mainten ance Log, and DJ I Phantom 3 In struction 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 DUST**  **Seeks A nd The Reason**  **DUST Seeks Re**  **lief From Section 91.121.**  Relief from Section 91.121, entitled Altimeter settings , may be required to allow flight operations of the DJIPhantom 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 PI C at the ground control station (GCS). Since the FAA requires that an y altitude information co ncerning UAS operations be reported to air traffic control (ATC) in feet above ground level (AGL), DUST seeks the requested relief because the DJ I Phantom 3 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 full y set forth herein, an equivalent level of safety will be maintained since the DJIPhantom 3 UA are equipped with a barometric pressure sensor and GPS equipment, which automaticall y ensures that a ground level pressure setting will14

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 DUST**  **Seeks A nd The Reason**  **DUST 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 DJ I Phantom 3 UA during daylight 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. DUST seeks the requested relief because without an exemption from Section 91.151(b), the flight time duration of the battery powered DJ I Phantom 3 UAs will severel y constrain the practicality

of any aerial video or still photo flight operations that DUST p roposes to conduct pursuant to this Petition. Significantl y, as set forth below, the technical specifications of the DJ I Phantom 3 UAS , the DJ I Phantom 3 operating documents, and DUST proposed operating limitations, ensure that DUST will safely operate th e battery

powered DJ I Phantom 3 UA during daylight hours in visual meteorological conditions (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 Relief DUST**  **Seeks A nd The Reason**  **DUST Seeks Relief**  **From Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), A nd**  **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 appl y to aircraft with an airworthiness certificate, DUST requests relief from these15

Sections because the DJI Phantom 3 UAS do not require airworthiness certificates. A s set forth more full y below, the DJ I Phantom 3 UAS meet the conditions of FMRA Section 333 for operation without an airworthiness certificate. Accordingl y, DUST will use trained technicians to perform maintenance, alterations, or preventive maintenance on the UAS using the methods, techniques, and practices prescribed in the UAS operating documents (i.e., the DUST Aerial Operations Manual, Monthly Maintenance Log, and DJI Phantom 3 Instruction Manual). Furthermore, Sky Vision , LLC will document and maintai n all maintenance records for the DJ I Phantom 3 UAS

. **D. The Reasons Why**

**Granting DUST**  **Request Would Be In The Public Interest; That Is, How It Would Benefit The Public A**  **s A Whole.**  Granting the present Petition will further the public interest b y allowing DUST to safel y, efficientl y, and economically perform aerial video and photography of construction sites, real estate, special events, film sets, and landscape over certain areas of the United States. Additionally , use of the DJI Phantom 3 UAS will decrease congestion of the NAS, reduce pollution, and provide significant benefits to the economy. Notabl y, the benefits of DUST proposed operation of the DJ I Phantom 3 UAS will be realize d without implicating any privacy issues. **1. The Public Will Benefit From Decreased Congestion Of The NA S.**  The DJ I Phantom 3 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 needed to perform aerial acquisitions, an exemption allowing the use of a DJ I Phantom 3 UAS would reduce the amount of manned16

aircraft in the NAS, reduce noise and air pollution, as well a s increase the safety 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 DJI Phantom 3 UA do not require an airport to takeoff or land. Li kewise, a reduction of manned aircraft conducting aerial video and photograph y 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 A nd Efficiency**  **Of The DJI**  **Phantom 3 UA** **S**
**.** Conducting aerial acquisitions with the DJI Phantom 3 UASs, 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 DJI Phantom 3 UAS produce no air pollution, and is the most viable environmentall y conscious alternative to the cabin class, six cylinder internal combustion engine aircraft that are t ypically utilized for aerial video and photograph y, while burning approximately 20

- 30 gallons per hour of leaded aviation fuel. The DJ I Ph antom 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 internal combustion engine. By using the 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 cr ew members located onboard the aircraft, the17

DJI Phantom 3 UA (weighing approximately 2 pounds 13.1 ounces respectively , at its maximum gross weight with a length of 16.2 inches and width of 16.6 inches, and with no fuel on board) , has less phy sical potential for collateral damage to life and property on the ground, and in the air, compared to the manned aircraft that typicall y 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 Vi deo and Photography Operations w**  **ith DJI Phantom 3**  **UAS Will Benefit The Economy.**  In addition to being safe and efficient, the DJ I Phantom 3 UAS are also an economical altern ative to using manned aircraft to conduct similar aerial operations. As such, operation of the DJI Phantom 3 UAS will allow United States based companies, like DUST , to remain competitive and contribute to growth of the U.S. economy . Specificall y, with the rising cost of aviation fuel and the Environmental Protection 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 DJI Phantom 3 UAS is one such technology that not onl y al lows companies greater operational flexibility compared to manned aircraft, but provides such flexibility without the high operational cost of a traditional manned aircraft. By operating the DJ I Phantom 3 UAS , companies such as DUST , can remain competitive and profitable, and therefore, provide greater job stability to employees and contractors, which will ultimately contribute to growth of the U.S. econom y. Improved financial performance of U.S. companies, through commercial use of the DJI Phantom 3 UAS , provides a stable workforce that increases consumer spending; improves local, state,18

and federal tax revenues; and allows companies to invest in research and development in
order to remain competitive both in the United States and abroad. **4. There A re No Privacy**  **Issues.** Similar to the manned aerial acquisition flight operations that have been conducted for decades, DUST proposed operation of the DJ I Phantom 3 UAS will not imp licate an y privacy issues. Specifically , the DJ I Phantom 3 UAS will be operated onl y in compliance with operating documents (i.e., the DUST Aerial Operations Manual, Monthly Maintenance Lo g, and DJI Phantom 3 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 A dv**  **ersely A**  **ffect Safety**  **, Or How The Exemption Would Provide**  **A Lev**  **el Of Safety At** **Least Equal To That Provided By**  **The Rule From Which DUST**  **Seeks Exemption. 1. Reasons Why** 

**The DJI Phantom 3**  **UA Meet The Co**  **nditions Of The FAA**  **Modernization and Reform A ct of 2012 (FMRA** **) Section 333.** In consideration of the size, weight, speed, and limited operating area associated with the unmanned aircraft and its operation, DUST operation of the DJ I 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 requirement s 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. Specificall y, FMRA Section 333 states the following, in part: (a) In General.
-- Notwithstanding any other requirement o f this subtitle, and not later than 180 days after the date of enactment of this Act, the19 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 ty

pes 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 air craft 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 Secretary shall establish re quirements for the safe operation of such aircraft systems in the national airspace system. In seeking this exemption, DUST submits that the DJI Phantom 3 UAS can operate safel y in the NAS pursuant to FMRA Section 333, as demonstrated b y: (a) the characteristics of the DJ I Phantom 3 UAS ; (b) the pilot certification requirement; and (c) the specific operating limitations.

**a. The Specifications Of The DJI Phanto**  **m 3 UA** **S Demonstrate Its**  **Safe Characteristics.** The DJ I Phantom 3 UAS 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 3 UA** **S**
**.**20 The technical specifications of the DJ I Phantom 3 UAS are set forth b y the DJI Phantom 3 Specifications and Data Sheet, attached hereto as Exhibit A

.

**ii. The DJI Phantom 3**  **UA S**  **Au tonomous Flight A**  **nd Na vigat**  **ion Modes Enable The UA** **S To Remain Within A**  **Defined Operational A**  **rea.** The DJ I Phantom 3 UAS may be operated in both manual and full y autonomous flight modes. A complete description of the flight and navigational modes of the DJI Phantom 3 UAS is provided in the Manufacturer’s User Manual *See attached PDF File **iii. The DJI Phantom 3**  **UA S**  **Ar e Designed For A**  **utomatic Return To Home Point Or Hover In The Event Of Loss Of The Control Link Or**  **Navigation.** When the Control L ink is lost, the DJI Phantom 3 UA will remain stationary , in flight, for 3 seconds or more. If, after 3 seconds, the DJ I Phantom 3 UA do not reacquire control link data from the GCS, the UAs will assume that the Control L ink is lost and the UAs 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 3 UAS is provided in the Manufacturer’s User Manual *See attached PDF

**iv. The DJI Phantom 3**  **GCS A nd Its Operation.**  A complete description of the operation and specifications of the DJ I Phantom 3 GCS and flight control software is provided in the Manufacturer’s User Manual *See attached PDF

**b. Flight Operations Of DJI Phantom 3**  **UA S**  **Ar e Limited To The Line**  **Of Sight Of A**

**Certificated Pilot in Command With A Safety**  **Observer.** DUST will only

utilize certificated pilots who possess a current and valid airman medical certificate to act as a pilot in command (PIC) of the DJ I Phantom 3 UAS

. Additionally , a safet y observer will assist all pilots during flight time.21 **c. Flights Of DJI Phan**  **tom 3 UA** **S Will Be Conducted Pursuant To**  **Specific Operating Limitations.** In seeking this exemption, DUST proposes to commercially operate DJ I Phantom 3 UAS for the special 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 UASs weighing less than 55 pounds maximum gross weight: DJ I Phantom 3 Unmanned Aircraft 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 photograph y. 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 b y 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 PI C at all times. This requires the PIC to be able to use human vision unaided by an y device other than corrective 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 safety 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 PIC 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. 8. The SO must not perform any other duties beyond assisting the PI C with seeing and avoiding other air traffic and other ground based obstacles/obstructions and is not permitted to operate th e 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 grant22 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 Administrator upon request. The operator must also present updated and revised documents if it petit ions 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. 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 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 i ncluded in the preflight inspection. All maintenance and alterations must be properl y 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 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 person returning the UAS to service. 15. Each UASs operated under this exemption must comply with all manufacturer Safety Bulletins. 1 6. The authorized person must make an entry in the aircraft record of the corrective action taken against discrepancies discovered between inspections. 17. The PI C must possess at least a private pilot certificate and at least a current third

- class medical certificate.23 18. The operator may

not permit any

PIC to operate unless the PI C meets the operator’s qualification criteria and demonstrates the abil ity 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 structures. PIC qualification fl ight 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 during dedicated trainin g sessions. During training, proficiency , and experience

- building flights, all persons not essential for flight operations are considered nonparticipants, and the PI C must operate the UA with appropriate distance from nonparticipants in accordance with 14 C.F.R. § 91.119. 19. 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 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 Adminis trator 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 PI C. 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 PI C must abort the flight in the event of unpredicted obstacles or emergencies in accordance with the operating documents. 24. The PI C 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 r emaining. 25. 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. This COA will also require the operator to request a Notice to A irman (NOTAM) not more than 72 hours in advance, but not less than 4824 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, S ubpart C. Markings 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 overs ight 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 an y time the UAS is operating. These documents must be made available to the Administrator or an y law enforcement official upon request. 29. The UA must remain clear and yi eld the right of way to all manned aviation operations and activities at all times. 30. The UAS may

not be operated b y the PIC from any moving device or vehicle. 31. Flight operations must be conducted at least 500 feet from all nonparticipating persons (persons other than the PI C, SO, operator trainees or essential persons), vessels, vehicles, and structures unless: a. Barriers or structures are present that suf ficiently 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 protectio n and are within 5 00 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 PI C h as 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 PI C, 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 wil l be obtained for each flight to be conducted.25 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 Off ice (AFS

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

. **2. Reasons Why**

**A n Exemption From The Requiremen**  **ts Of Section 61.113(a) A**  **nd (b) Would Not A dversely**  **A ffect Safety** 
**.** DUST 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 3 UAS unless that PI C has demonstrated, by meeting minimum flight

- hour and currency requirements, that the PIC is able to safel y operate the DJ I Phantom 3 UAS in a manner consistent with the exemption, including evasive and emergency maneuvers and maintainin g appropriate distances from people, vessels, vehicles and structures. Considering DUST 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 DJ I Phantom 3 UAS, DUST submits that the additional manned airmanship experience of a commercially certificated pilot would not correlate to the ai rmanship skills necessary for DUST 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). DUST will not allow any PI C to operate the DJ I Phantom 3 UAS unless that PI C has demonstrated, b y meeting minimum flight
- hour requirements or the DJI Phantom 3 UAS training and currency requirements, that the PI C is able to safely operate the DJ I26

Phantom 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 a s a UAS pilot operating the same make and model of UAS to be used for operations under the exemption). In addition to the hour requirements, 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 safety during DUST 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 c onducting 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 total time as a UAS rotorcraft pilot including at least 10 hours logg ed 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 exemptio n. 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 the 10 hours may be included in the total 25 hours of UAS rotorcraft time. In addition to the hour requirements, the PI C 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 in Exemption No. 11062 are appropriate t o 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 applicable regulations would satisfy this requi rement. Training, proficiency , and experience

- building flights can also be conducted under the grant of exemption27 to accomplish the required flight time. During training, proficiency , and experience

- building flights the PI C is required to operate the UA wi th appropriate distances in accordance with 14 C.F.R 91.119. Exemption No. 11138 at page 15. Accordingl y, DUST will ensure safe operations by not allowing any PIC to operate the DJ I Phantom 3 UAS unless that PI C has demonstrated, by meeting minimum flight

hour and currency

requirements, that the PI C is able to safel y operate the DJI Phantom 3 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**

**A n Exemption From The Requirements Of Section**  **91.7(a) Would Not A dv**  **ersely A**  **ffect Safety.** The equivalent level of safety established b y Section 91.7(a) will be maintained because prior to every

flight, DUST will ensure that the D JI Phantom 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**

**A n**  **Exemption From The Requirements Of Section 91.121 Would Not A** **dv ersely** **A ffect Safety.**  The equivalent level of safety established b y Section 91.121 will be maintained because the altitude information of the DJ I Phantom 3 UA will be provided to the PI C 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 altitude28

information, combined with DUST operation of the DJ I Phantom 3 UA within visual line of sight, at or below 500 feet AGL, will ensure a level of safety equivalent to Section 91.121. The altitude information will be generated by GPS equipment installed onboard the aircraft. Prior to each flight, a zero altitud e initiation point is automatically established by the UASs 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. 1106 2, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11112, 11136, 11138, 11150, 11153, 11156, 11157, 11158, 11159, 11160, 11161). **5. Reasons Why**

**A n Exemption From The Requirements Of Section**  **91.151(b) Would Not A dv**  **ersely A**  **ffect Safety**
**.** A grant of this e xemption 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 3 UAS ; (2) the limitations on the proposed flight operations; and (3) the location of the prop osed flight operations. Accordingly , DUST will ensure that it will safely operate the battery

powered DJ I Phantom 3 UA 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 inte nded landing and, assuming normal cruising speed, to fl y after that for at least 4.5 minutes. Here, as in Exemption No. 11109, the technical specifications of the DJ I Phantom 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, safety will be ensured as the DJ I Phantom 3 UAS provide aud ible and visual warnings to the PI C at the GCS when the UAs experiences low battery voltage,29

the first warning occurring at approximately 33% remaining battery

power, and again at approximately

10% remaining battery

power. At the criticall y low battery lev el, the DJ I Phantom 3 UAS will descend and land automatically

. Significantl y, previous exemptions granted b y the FAA concerning Section 91.151 establish that safety 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, including Exemption Nos. 2689, 5745, and 10650. Moreover, the FAA has previously granted relief from Section 91.151 speci fic 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**

**A n Exemption From The Requirements Of Sections**  **91.405(a), 91.407(a) (1), 91.409(a)**  **(1) & (a) (2), A**  **nd 91.417(a) & (b) Would Not A** **dv ersely A**  **ffect Safety**
**.** In seeking this exemption, DUST 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 DUST will use trained technici ans to perform maintenance, alterations, or pr eventive maintenance on the UAS using the methods, techniques, and practices prescribed in the operating documents (i.e., the Drone Sky Vision LLC , Aerial Operations Manual, Monthly Maintenance Lo g, and DJI Phantom 3 Instruction Manual). Furthermore, DUST will document and maintain all maintenance records for the DJ I Phantom 3 UAS

. Since the DJ I Phantom 3 UAS will be inspected as prescribed b y the operating documents, DUST will maintain the equivalent level of safet y established by Sections30

91.405(a), 91.409(a)(1), and 91.409(a)(2). A copy of the DJ I Phantom 3 User Manuals are attached hereto as Exhibit B ; a cop y of the DJ I Phantom 3 UAS Maintenance LOG is attached hereto as Exhibit C

. Likewise, the exemption sought will not adversel y affect safety because DUST will use trained technicians 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 safety established by

Sections 91.407, 91.417(a) and 91.417(b), because all maintenance of the DJI Phantom 3 UAS will be performed by trained technicians. Maintenance will be d ocumented 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 safety is not adversel y affected when the technical characteristics and operating limitations of the UAS are considered. In consideration of DUST proposed operating limitations, the operating documents, and the technical aspects of the DJ I Phantom 3 UAS , DUST submits that safety 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 previousl y 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**

**Ma y**  **Prescribe A ny** 

**Other Conditions For Safe Operation.**31 In accord ance with Section 333 of the FAA Modernization and Reform Act of 2012 (FMRA) and 14 C.F.R. § 21.16 entitled Special Conditions , DUST requests that the FAA prescribe special conditions for the intended operation of the DJ I Phantom 3 UASs, which contain such safety

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 photography over certain areas of the United States for compensation or hire. FMRA Section 333 sets forth the req uirements 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 w ith 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 DJ I Phantom 3 UAS , since the airworthiness regulat ions of 14 C.F.R. Part 21 do not contain adequate or appropriate safety standards, due to the novel or unusual design features of the aircraft. Section 21.16, entitled Special Conditions , states the following: If the FAA finds that the airworthiness regul ations 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 an d amendments thereto for the product. The special conditions are issued in accordance with Part 11 of this chapter and contain such safety

standards for the aircraft, aircraft engine or propeller as the FAA finds necessary

to establish a level of safety equivalent to that established in the regulations. See 14 C.F.R. § 21.16.32 Therefore, in accordance with FMRA Section 333 and 14 C.F.R. § 21.16, the FAA may prescribe special conditions for DUST intended operation of the DJ I Phantom 3 UAS , 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**  **DUST Seeks Exemption:**  DUST 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**  **DUST Seeks:**  This exemption will permit DUST to commercially operate an Unmanned Aircraft System (UA S) for the purpose of conducting aerial video and photography over certain areas of the United States. **G. An**  **y Ad**  **ditional Information, Views, Or A rguments A**  **vailable To Support DUST**  **Request.** This Petition is made pursuant to the FAA Modernization and Reform Act of 2012 (FMRA) Section 333, which directs the Secretary of Transportation to determine if certain UAS may operate safely

in the NAS. As such, DUST request for exemption may be granted pursuant to the authority of FMRA Section 333 and 14 C.F.R. Part 1 1, 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.33 As discussed in detail above, DUST will operate the DJ I Phantom 3 UAS 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, DUST 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 3 UAS commercially , without an airworthiness certificate, for the limited purpose of conducting aerial video and photography over certain areas of the United States. By granting this Petition, the FAA Administrator will be fulfilling the Congressional mandate o f the FAA Modernization and Reform Act of 2012, while also advancing the interests of the public, b y allowing DUST to safely , efficientl y, and economically

operate the DJ I 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, DUST 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 DUST to operate the DJ I Phantom 3 UAS commerciall y for the purpose of conducting aerial video and photograph y over certain areas of the Unit ed States.34

Date d: November 4 th , 2015

Respectfully submitted, DUST /s/ Cy rus Roohi

_________________________ Cy rus Roohi 1094 Oakland Dr King George, VA 22485 Tel: ( 718) 612

- 2828

Appendic es : A

– DJ I Phantom 3 Technical Specifications B

– DJ I Phantom 3 Monthly Maintenance Log35 APPENDIX

– A **DJI PHANTOM 3 TECHNICAL SPECIFICATIONS**  DUST 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/t ablet devices) 

### Aircraft **WEIGHT (INCLUDING BA TTERY AND PROPELLERS**  **)**

1280 g **DIAGONAL SIZE (INCLU DING 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 S EA LEVEL**  6000 m **OPERATING TEMPERATUR E**  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 ∞36 **ISO RANGE** 100

- 3200 (video) 100

- 1600 (photo) **SHUTTER SPEED** 8s

- 1/8000s **IMAGE MAX SIZE** 4000 x 3000 **STILL PHOTOGRAPHY MO DES** 

 Single Shot

 Burst Shooting: 3/5/7 shots

 Auto Exposure Bracketing (AEB): 3/5

 Bracketed Frames at 0.7EV Bias

 Time - lapse **VIDEO RECORDING MODE S**  

### 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 TY PES**  Micro 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 Mbps37 **SUPPORTED FILE FORMA TS** 

 FAT32/exFAT

 Photo: JPEG, DNG

 Video: MP4, MOV (MPEG

- 4 AVC/H.264) **OPERATING TEMPERATUR E**  0°C to 40°C 

### Gim bal **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 ENVIRONMEN T**  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 TEMPERATUR E**  0°C

- 40°C **BATTERY** 6000 mAh LiPo 2S **MOBILE DEVICE HOLDER** For tablet or phone **RECEIVER SENSITIVITY (1%PER)** 38 - 101 dBm ±2 dBm **TRANSMITTER POWER (E IRP)** 

 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 **ENERGY** 68 Wh **NET WEIGHT** 365 g **MAX FLIGHT TIME** Approximately 23 minutes **OPERATING TEMPERATUR E** 

- 10°C to 40°C **MAX CHARGING POWER**39 100 W



### App / Live View **MOBILE APP**

DJI Pilot **EIRP** 100m W **LIVE VIEW WORKING FR EQUENCY**  2.4GHz ISM **LIVE VIEW QUALITY** 720P @ 30fps (depending on conditions and mobile device) **LATENCY** 220m s (depending on conditions and mobile device) **REQUIRED OPERATING S YSTEMS** 

 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, iPad mini 2, iPad mini 2 Wi

- Fi + Cellular, iPad Air 2, iPad Air 2 Wi

- Fi + Cellular, iPad mini 3, and iPad mini 3 Wi

- Fi + Cellular. This app is optimized for iPhone 5s, iPhone 6, and iPhone 6 Plus

 Android: Samsung S5, Note 3, Sony Xperia Z3, Google Nexus 7 II, Google Nexus 9, Mi 3, Nubia Z7 mini

 *Support for additional Android devices available as testing and development cont inues40 APPENDIX

– B Monthly Maintenance Log
UAS #_____ Date Issue Maintenance Initials Performed Firmware Check Frame Engines Propellers Camera Gimbal Landing Gear Vibration Other: