1

S e p t e m b e r 9

, 2015

Attn:

U. S. Department of Transportation Docket Operations West Building Ground Floor, Room w12

- 140 1200 New Jersey Ave, SE Washington, DC 20590

D a v i d B o c h k a y request s an exemption from the r equirements of title 14 of the C ode of F ederal
R egulations :

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 3 P r o f e s s i o n a l UNMANNED AIRCRAFT SYSTEMS PURSUANT TO SE CTION 333 OF T HE FAA MODERNIZATION AND REFORM ACT OF 2012 (PUBLIC LAW 112

- 95)

S i n c e r e l y ,

D a v i d B o c h k a y 2 1 C o l o n i a l R d
M o r r i s t o w n N J

, 0 7 9 6 02 CONTENTS

GLOSSARY OF ABBREVIATIONS

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

SUMMARY

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

INTRODUCTION AND INTERESTS OF THE PETITIONER

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

BACKGROUN D

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

BASIS FOR PETITION

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

Name And Address Of The Petitioner.

................................ ................................ ............................. 6
The Specific Sections Of 14 C.F.R. From Which David Bochkay Seeks Exemption.

..................... 6
The Extent Of Relief David Bochkay Seeks And The Reason Da vid Bochkay Seeks The Relief.

.. 8
The Reasons Why Granting The David Bochkay Request Would Be In The Public Interest; That Is, H ow It Would Benefit The Public As A Whole.

................................ ................................ .......... 10
The Reasons Why Granting The Exemption Would Not Adversely Affect Safety, Or How The Exemption Would Provide A Level Of Safety At Least Equal To That Provided By The Rule From Which David Bochkay Seeks Exemption.

................................ ................................ ...................... 11
A Summary That Can Be Published In The Federal Register, stating:

................................ ......... 20

CONCLUSION

................................ ................................ ................................ ................................ ........ 20

APPENDICES

................................ ................................ ................................ ................................ ......... 223

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 Fede ral Aviation Administration
FAR Federal Aviation Regulation GCS Ground Control Station GPS Global Positioning System LOL Loss of Link NAS National Airspace System NOTAM Notice to Airman PIC Pilot In Command
P O H P i l o t O p e r a t i n g H a n d b o o k Section 333 FAA Moderniz ation and Reform Act of 2012 (FMRA) SO Safety Observer SOP Standard Operating Procedures
UA Unmanned Aircraft UAS Unmanned Aircraft System
VFR Visual Flight Rules VLOS Visual Line of Site VMC Visual Meteorological Conditions VTOL V ertical Takeoff and Landing4

SUMMARY

David Bochkay 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
Ai rcraft System (DJI Phantom 3) pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (FMRA). This exemption will permit David Bochkay to operate an Unmanned Aircraft System (UAS) for the commercial purpose of conducting aerial video and ph otography of construction sites, residential
and commercial real estate, civil landscapes and events over certain areas of the United States.

INTRODUCTION AND INTERESTS OF THE PETITIONER

David Bochkay provides clients with video and still image content using small UAV platforms

. It is also his intention to provide government and business entities training and consulting services on small UAV systems.

The objective of his aerial operations is to provide a more affordable alternative to acquire aerial fo otage and imagery for a variety of governmental, commercial, public, and residential uses, specifically targeting :

• Agriculture

• Appraisals

• Real

- estate marketing

• Civic landmarks

• Inspection of various nature (construction etc...)

• Private and govern mental training

David Bochkay is a Private Pilot (Single Engine Land) with an instrument rating.

BACKGROUND

Unmanned Aircraft Systems: DJI Phantom 3, UAS

David Bochkay seeks an exemption to operate DJI Phantom 3 systems for compensation or hire within the NAS. The DJI Phantom 3 is vertical takeoff and landing (VTOL) Unmanned Aircraft (UA) with a Ground Control Station (GCS) utilizing electronic tablet or smart phone systems. The DJI Phantom 3 has a maximum gross weight of approximately 2.8 lb. while hav ing a diagonal dimension of 23.2”, a maximum speed of approximately 16.4’fps and a maximum flying height of 400'. The DJI Phantom 3 is equipped with four main rotors; driven by Lithium Polymer battery powered electric motors. 5 The DJI Phantom 3
that will be operated by David Bochkay 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

.5

BASIS FOR PETITION

Petitioner, David Bochkay , 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, he reby petitions the Administrator to commercially operate the DJI Phantom 3, UAS in the National Airspace System (NAS), and for an exemption from the requirements of 14 C.F.R §§ 61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a) (1) & (a)(2), and 91.417(a) & (b).

In consideration of the speed, weight, size, and limited operating area associated with the unmanned aircraft and its operation, David Bochkay ’ s operation of DJI Phantom 3 UAS meets the conditions of FMRA Section 333 and therefore, will not require an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H.

Accordingly, David Bochkay requests relief from Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b), as these sections set forth requirements for maintenance that only apply to aircraft with an airworthiness certificate.

David Bochkay submits that the requested relief is appropriate since an equivalent level of safety will be
ensured. David Bochkay will p erform maintenance, a nd alterations 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, David Bochkay will document and maintain all maintenance record s for the DJI Phantom 3 UAS.

Relief from certain requirements of Section 61.11 3(a) and (b), entitled Private Pilot Privileges and
L imitations: Pilot in command, is requested by David Bochkay to the extent necessary to allow a Pilot in Command (PIC) holdin g a private pilot or higher level certificate, as well as an airman medical certificate, and who has demonstrated, by meeting minimum flight hour and currency requirements, so that the PIC is able to safely operate the UAS in a manner consistent with this exemption, including evasive and emergency maneuvers and maintaining appropriate distances from people, vessels, vehicles and
structures.

David Bochkay seeks relief from Section 91.7(a), entitled Civil aircraft airworthiness, because the DJI Phantom 3 UAS do es not require an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H. As such, David Bochkay submits that they will ensure that the DJI Phantom 3 UAS is in an airworthy condition, prior to every flight, by determining that the UAS are in compliance with the operating documents and that the aircraft are in a condition for safe flight.

David Bochkay also seeks an exemption from the requirements of Section 91.121, entitled Altimeter Settings, as the DJI Phantom 3 UAS will not have a typical barometric altimeter onboard. However, altitude information of the DJI Phantom 3 UAS will be provided to the PIC via Global Positioning System (GPS) equipment and radio communications telemetry data link, whic h downlinks from the UA to the ground c ontrol system for active monitoring of the flight path. This altit ude information, combined with the operation of the DJI Phantom 3 UAS within visual line of sight, at or below 400 feet AGL, will ensure a level of safety equivalent to Section 91.121.

Addi tionally, David Bochkay seeks an exemption from the requirements of Section 91.151(b), entitled Fuel requirements for flight in VFR conditions. David Bochkay submits that safety will not be affected by operation of the DJI Phantom 3 UAS during daylight hou rs in visual meteorological conditions (VMC) under visual flight rules (VFR), with enough battery power to fly for a total duration of approximately 236

minutes. Battery power indicators are also able to show exactly how much battery power is left, as well as how much time is needed to return safely back to point of take off.

In accordance with 14 C.F.R. § 11.81, David Bochkay provides the following information in support of its petition for exemption:

A. Name And Address Of The Petitioner

.

The name and a ddress of the Petitioner and point of contact is:

David Bochkay 21 Colonial Rd.
Morristown NJ 07960

B. The Specific Sections Of 14 C.F.R. From Which David Bochkay Seeks Exemption.

1. David Bochkay seeks exemption f rom t he r equirements o f s ection 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 (PIC) of an aircraft that is carrying passengers or property for compensation or hire; nor may that person, for compensation or hire, act as PIC of an aircraft.

(b) A private pilot may, for compensation or hire, act as PIC of an aircraft in connection with any
bu siness or employment if

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

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

2. David Bochkay s eeks exemption from the requirements of s ection 91.7(a).

S ection 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. David Bochkay seeks exemption from the requirements o f Section 91.121.

Sectio n 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 altimeter 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 setti ng available before departure.

4. David Bochkay seeks exemption from the requirements of s ection 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 (cons idering 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. David Bochkay seeks exemption from the requirements of sect ion 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 inspectio ns, except as provided in paragraph (c) of this section, have discrepancies repaired as prescribed in part 43 of this chapter[.]

6. David Bochkay seeks exemption from the requirements of section 91.407(a)(1)

Section 91.407, entitled Operation after main tenance, preventive maintenance, rebuilding, or alteration, subsection (a)(1), states the following:

(a) No person may operate any aircraft that has undergone maintenance, preventive maintenance, rebuilding, or alteration unless

-- (1) It has been approved for return to service by a person authorized under § 43.7 of this chapter[.]

7. David Bochkay seeks exemption f rom t he r equirements o f s ections 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 by a person authorized by § 43.7 of this chapter; or (2) An inspection for the issuance of an airworthiness certificate in
accordance with part 21 of this chapter.

8. David Bochkay seeks exemption f rom t he r equirements o f s ections 91.417(a) a nd 9 1.417(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 period s specified in paragraph (b) of this section: (1) Records of the maintenance, preventive maintenance, and alteration and records of
the 100

- hour, annual, progressive, and other required or approved inspections, as appropriate, for each aircraft (including the airframe) and each engine, propeller, rotor, and appliance of an aircraft. The records must include

—8 (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.

(i i) 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 curre nt inspection status of the aircraft, including the time since the last inspection required by the inspection program under which the aircraft and its appliances are maintained.

(v) The current status of applicable airworthiness directives (AD) and safety directives including, for each, the method of compliance, the AD or safety directive number and revision date. If the AD or safety directive involves recurring action, the time and date when the next action is required. (vi) Copies of the forms prescribed by § 43.9(d) of this chapter for each major alteration to the airframe and currently installed engines, rotors, propellers, and appliances.

(b) The owner or operator shall retain the following records for the periods prescribed:

(1) The records specifie d in paragraph (a)(1) of this section shall be retained until the work is repeated or superseded by other work or for 1 year after the work is performed.

(2) The records specified in paragraph (a)(2) of this section shall be retained and transferred with the aircraft at the time the aircraft is sold.

(3) A list of defects furnished to a registered owner or operator under § 43.11 of this chapter shall be retained until the defects are repaired and the aircraft is approved for return to service.

C. The Ext ent Of Relief David Bochkay Seeks And The Reason David Bochkay Seeks The Relief.

1. Extent Of Relief David Bochkay Seeks And The Reason David Bochkay Seeks Relief From Section 61.113(a) And (b).

Relief from Section 61.113(a) and (b) entitled Private pil ot 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 cur rency requirements, to conduct the proposed UAS flight operations for compensation or hire.

This relief is requested since the limitations set forth in Section 61.113(a) and (b) state that a private pilot may, for compensation or hire, act as PIC of an ai rcraft in connection with any business or employment if: (1) The flight is only incidental to that business or employment; and (2) The aircraft does not carry passengers or property for compensation or hire.9

As set forth more fully below, David Bochkay su bmits that an equivalent level of safety will be maintained because no PIC will be allowed to operate the DJI Phantom 3 Professional UAS unless that PIC has a Private Pilot Certificate (Airplane Single Engine Land) and has met certain flight

- hour and currency requireme nts, demonstrating that the PIC is able to safely operate either the DJI Phantom 3 Professional UAS in a manner consistent with the operations specifications as described in this exemption, including evasive and emergency maneuvers, as well as maintaining appropriate d istances from people, vessels,
vehicles and structures.

2. Extent Of Relief David Bochkay Seeks And The Reason David Bochkay 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 David Bochkay to determine that the DJI Phantom 3 Professional UAS are in airworthy condition prior to every flight by ensuring that the UAS is in complian ce with the operating documents. David Bochkay seeks the requested relief because the DJI Phantom 3 Professional UAS do not require an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H. Therefore, David Bochkay will ensure that the DJI Phantom 3 Professional UAS are in airworthy condition based upon its compliance with the operating documents (i.e., M onthly Maintenance Log, and DJI Phantom 3 Professional POH ) prior to every flight.

3. Extent Of Relief David Bochkay Seeks And The Reason David Bochkay Seeks Relief From Section
91.121.

Relief from Section 91.121, entitled Altimeter settings, may be required to allo w flight operations of the DJI Phantom 3 Professional 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 F AA requires that any altitude information concerning UAS operations be reported to air traffic control (ATC) in fee t above ground level (AGL), David Bochkay seeks the requested relief because the DJI Phantom 3 Professional UA’s altimeter may be set on the ground to

zer o 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 a nd limitations stated below. As more fully set forth herein, an equivalent level of safety will be maintained since the DJI Phantom 3 Professional UAS are equipped with a barometric pressure sensor and GPS equipment, which automatically ensures that a ground level pres sure setting will be established prior to each flight, and provides the PIC with altitude information of the UA on the heads

- up display of the GCS.

4. Extent Of Relief David Bochkay Seeks And The Reason David Bochkay Seeks Relief From Section 91.151(b).

Relief from Section 91.151(b) entitled Fuel requirements for flight in VFR conditions, is requested to the extent required to allow flights of the battery powered DJI Phantom 3 Professional UAS during daylight hours in visual meteorological conditions (VMC), under visu al flight rules (VFR), for a total duration of 23
minutes. The David Bochkay seeks the requested relief because without an exemption from Section 91.151(b), the flight time duration of the battery powered DJI Phantom 3 Professional UAS will severely constrain the pract icality of any aerial video or still photo flight operations that David Bochkay proposes to conduct pursuant to this Petition. Significantly, as set forth below, the technical specifications of the DJI Phantom 3 Professional UAS, the DJI Phantom 3 Professional operating documents, and David10

Bochkay’s proposed operating limitations, ensure that David Bochkay will safely operate the battery powered DJI Phantom 3 Professional UAS during daylight hours in visual meteorological conditions (VMC), under visual flight rules (VFR), with enough battery po wer to fly for a total duration of 23 minutes.

5. Extent Of Relief David Bochkay Seeks And The Reason David Bochkay Seeks Relief From Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), And 91.417(a) & (b).

Since Sections 91.405(a), 91.407(a)(1), 91 .409(a)(1) & (a)(2), and 91.417(a) & (b) only apply to aircraft with an airworthiness certificate, David Bochkay requests relief from these Sections because the DJI Phantom 3 Professional UAS do not require airworthiness certificates. T he DJI Phantom 3 Professional UAS mee t s the conditions of FMRA Section 333 for operation without an airworthiness certificate. David Bochkay will use trained technicians to perform maintenance, alterations, or preventive maintenance on the UAS using the metho ds, techniques, and practices prescribed in the UAS P O H

, a n d will document and maintain all maintenance records for the DJI Phantom 3 Professional UAS.

D. The Reasons Why Granting The David Bochkay Request Would Be In The Public Interest; That Is, How It Would Benefit The Public As A Whole.

Granting the present Petition will further the public interest by allowing David Bochkay to safely, efficiently, and economically perform aerial video and photography of construction sites, real estate,

ev ents and civic landscape over certain areas of the United States.

Additionally, use of the DJI Phantom 3 Professional UAS will decrease congestion of the NAS, reduce pollution, and provide significant benefits to the economy. Notably, the benefits of David Bochkay ’
pr oposed operation of the DJI Phantom 3 Professional UAS will be realized without implicating any privacy issues.

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

The DJI Phantom 3 Professional UAS are battery powered and serve as a safe, efficient, and economical

a lternative 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 DJI Phantom 3 Professional UAS would reduce the amount of manned aircr aft in the NAS, reduce noise and air pollution, as well as increase the safety of life and property in the air and on the ground. Furthermore, by reducing the number of manned aircraft operating in the NAS, congestion around airports caused by arriving and departing aircraft will be reduced. The DJI Phantom 3 Professional UAS do not require an airport to takeoff or land. Likewise, a reduction of manned aircraft conducting aerial video and photography missions would result in fewer aircraft that must be handled by air tr affic 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 3 Professional UAS.

Conducting aerial acquisitions with the DJI Phantom 3 Professional UAS, instead of manned aircraft, will greatly benefit the public by drastically reducing the levels of air and noise pollution generated during traditional aerial video and still photography flight operations. By using battery power and electric motors,
the DJI Phantom 3 Professional UAS produce no air pollution, and is the most viable environmentally conscious alternative to the cabin class, four to six cylinder internal combustion engine aircraft that are typically utilized for aerial video and photography, while burning approxima tely 10

- 20 gallons per hour of leaded aviation fuel. The DJI Phantom 3 Professional UAS, while reducing the carbon footprint of aerial11

acquisitions, also eliminates noise pollution, as the UAS are propelled by battery powered electric motors,
rather than an internal co mbustion engine. By using the DJI Phantom 3 Professional 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 re duced or completely eliminated. Aside from the lack of flight crew members located onboard the aircraft, the DJI Phantom 3 Professional UAS (weighing approximately 2.8 pounds at their maximum gross weight with diagonal dimension of 23.2 inches, and with no fuel on boar d), has less physical potential for collateral damage to life and property on the ground, and in the air, compared to the manned aircraft that typic ally conduct similar operations.

3. Performing Aerial Video and Photography Operations W ith The DJI Phantom 3 Professional UAS Will Benefit The Economy.

In addition to being safe and efficient, the DJI Phantom 3 Professional UAS are also an economical alternative to using manned aircraft to conduct similar aerial operations. As such, operation of the DJI Phantom 3 Professional UAS will allow United States based companies to remain competitive and contribute to growth of the U.S. economy. Specifically, with the rising cost of aviation fuel and the Environmental Protection Agency (“EPA”) regulatory actions phasing out leaded aviation fuels, U.S.
owned and operated companies must adopt new and alternative technology in order to remain competitive. Operating the battery powered DJI Phantom 3 Professional UAS is one such technology that not only allows c ompanies greater operational flexibility compared to manned aircra ft, but provides such flexibility without the high operational cost of a traditional manned aircraft. By operating the DJI Phantom 3 Professional UAS, companies can remain competitive and profitable, and therefore, provide greater job stability to employees and contrac tors, which will ultimately contribute to growth of the U.S. economy.

4. There Are No Privacy Issues.

David Bochkay ’ proposed operation of the DJI Phantom 3 Professional UAS will not create any privacy issues. Specifically, the DJI Phantom 3 Professional UAS will be operated only in compliance with operating documents which requires property owner involvement as well as local law enforcement notification, and in accordance with the Federal Aviation Regulations, including the minimum altitude requirements of 14 C.F.R. § 91.119.

E. The Reasons Why Granting The Exemption Would Not Adversely Affect Safety, Or How The Exemption Would Provide A Level Of Safety At Least Equal To That Provided By The Rule From Which David Bochkay Seeks Exemption.

1. Reasons Why The DJI Phantom 3 Professional UAS Mee t 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, David Bochkay operation of the DJI Phantom 3 Professional 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

requ irements 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:12 (a) In General.

-- Notwithstanding any other requir ement 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 pl an and rulemaking required by section 332 of this Act or the guidance require d by section 334 of this Act

. (b) Assessment of Unmanned Aircraft Systems.

-- In making the determination under subsection (a), the Secretary shall determine, at a minimum

—
(1) which types of unmanned aircraft systems, if any, as a result of their size, weight, speed, operational capability, proximity to airports and populated areas, and operation within visual line of sight do not create a hazard to users of the national airspac e 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 unman ned aircraft systems identified under paragraph (1).

(c) Requirements for Safe Operation.

-- If the Secretary determines under this section that certain unmanned aircraft systems may operate safely in the national airspace system, the Secretary
shall establ ish requirements for the safe operation of such aircraft systems in the national airspace system.

In seeking this exemption, David Bochkay submits that the DJI Phantom 3 Professional UAS can operate safely in the NAS pursuant to FMRA Section 333, as demonstrated by: ( a) the characteristics of the DJI Phantom 3 Professional UAS; (b) the pilot certification requirement; and (c) the specific operating
limitations.

a. The Specifications Of The DJI Phantom 3 Professional UAS Demonstrate Its Safe Characteristics.

The DJI Phantom 3 Professional UAS does not crea te 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 s pecifications o f t he DJI Phantom 3 Professional UAS.

The technical specifications of the DJI Phantom 3 Professional UAS are set forth by the DJI Phantom 3 Professional User Manual, attached hereto as Appendix A.

ii. The DJI Phantom 3 Professional UAS g lobal positioning modes enable the uas to remain within a defined o perational a rea.

The DJI Phantom 3 Professional UAS may be operated in both manu al and global positioning flight modes. A complete description of the flight and navigational modes of the DJI Phantom 3 Professional UAS is provided at pages 11 of the DJI Phantom 3 Professional User Manual attached hereto as Appendix A.

iii. The DJI Phantom 3 Professional UAS a re d esigned f o r a utomatic r eturn t o h ome p oint o r h over i n t he e vent o f l oss o f t he c ontrol l ink o r n avigation.

When the Control Link is lost, the DJI Phantom 3 Professiona l UAS will remain stationary, in flight, for 3 seconds or more. If, after 3 seconds, the DJI Phantom 3 Professional UAS doe s not reacquire control link data from the GCS, the UAS will assume that the Control Link is lost and13 the will return to the home position (i.e., failsafe mode) via GPS, and will descend to the t akeoff position and shutdown. A complete description of th e Failsafe Functions of the DJI Phantom 3 Professional UAS are set forth at pages 12 through 14 of the DJI Phantom 3 Professional User Manual, attached hereto as Appendix A.

iv. The DJI Phantom 3 Professional GCS a nd i ts o peration.

A complete description of the operation and specifications of the DJI Phantom 3 Professional GCS and flight control software is provided at pages 23 through 29 of the DJI Phantom 3 Professional User Manual. DJI Phantom 3 Professional User Manual is attached hereto as Appendix A.

b. F light operations of DJI Phantom 3 Professional U A S is limited to the line of sight of a certificated pilot
in command.

David Bochkay staff in possession of a valid Private Pilot Certificate (Single Engine Land) will be the only persons to act as a pilot in command (PIC) of the DJI Phantom 3 Professional UAS.

c. F lights of DJI Phantom 3 Professional U A S will be conducted pursuant to specific operating limitations.

In seeking this exemption, David Bochkay proposes to commercially operate DJI Phantom 3 Professional UAS for the special purpose of conducting aerial video and photography over certain areas o f 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 maxi mum gross weight: DJI Phantom 3 Professional Unmanned Aircraft Systems. 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 pur pose of aerial video and photography.

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

4. The UA must be operated at an altitude of no more than 400 feet above ground level (AGL), as indicated by the procedures specified in the op erating documents unless a special request is made and approved by ATC. All altitudes reported to ATC must be in feet AGL.

5. The UAS must be operated within visual line of sight (VLOS) of the PIC at all times. This requires the PIC to be able to use huma n vision unaided by any device other than corrective lenses, as specified on the PIC’s FAA

- issued airman medical certificate.

6. The use of first person view (FPV) by the PIC or safety obs erver (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 always maintains VLOS capability. The SO and PIC must be able to communicate verbally at all times. Electronic messaging or texting is not permitted during flight operat ions. The PIC must be designated before the flight and cannot transfer his or her designation for the duration of the flight. The PIC must ensure that the SO can perform the functions prescribed in the operating documents.14

8. The SO must not perform any o ther duties beyond assisting the PIC with seeing and avoiding other air traffic and other ground based obstacles/obstructions and is not permitted to operate the camera or other
instruments.

9. The operating documents and the grant of exemption must be ac cessible 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 a nd 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 operato r’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 petitions for extension or amendment to the grant of exemption. If th e 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 questi ons arise regarding updates or revisions to the operating documents.

10. Prior to each flight the PIC must inspect the UAS to ensure that it is in a condition for safe flight. If the inspection reveals a condition that affects the safe operation of the UA S, the aircraft is prohibited from operating until the necessary maintenance has been performed and the UAS is found to be in a condition for safe flight. The Ground Control Station must be included in the preflight inspection. All maintenance
and alterati ons 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 fli ght. The PIC who conducts the functional test flight must make an entry in the aircraft records.

12. The pre

- flight inspection must account for all potential discrepancies, e.g. inoperable components, items, or equipment, not already covered in the releva nt 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, an d 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 UAS operated under this exemption must comply with all manufacturer Safety Bulletins.

16. The authorized person must make an entry in the aircraft record of t he corrective action taken against discrepancies discovered between inspections.

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

18. The operator may not permit any PIC to operate unle ss the PIC meets the operator’s qualification criteria and demonstrates the ability to safely operate the UAS in a manner consistent with how the UAS will be operated under the exemption, including evasive and emergency maneuvers and maintaining appropriat e distances from persons, vessels, vehicles and structures. PIC qualification flight hours must15

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 exempt ion. However, training operations may only be conducted during dedicated training sessions. During training, proficiency, and experience

- building flights, all persons not essential for flight operations are considered nonparticipants, and the PIC must

oper ate 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 ai rport 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 Administrator upon request.

21. The UA may not be operated less than 500 feet below or less than 2,000 feet horizontally from a cloud or when visibility is less than 3 statute miles fr om the PIC.

22. If the UA loses communications or loses its GPS signal, it must return to a predetermined location within the planned operating area and land or be recovered in accordance with the operating documents.

23. The PIC must abort the flight i n the event of unpredicted obstacles or emergencies in accordance with the operating documents.

24. The PIC is prohibited from beginning a flight unless (considering wind and forecast weather conditions) there is enough power to fly at normal cruising spe ed to the intended landing point and land the UA with 25% battery power remaining.

25. The operator must obtain an Air Traffic Organization (ATO) issued Certificate of Waiver or Authorization (COA) prior to conducting any operations under the grant of exe mption. This COA will also require the operator to request a Notice to Airman (NOTAM) not more than 72 hours in advance, but not less than 48 hours prior to the operation. All operations shall be conducted in accordance with airspace requirements in the AT O 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 iden tification (NNumber) markings in accordance with 14 C.F.R. part 45, Subpart 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 C ommunications Commission (FCC) or other appropriate government oversight agency requirements.

28. The documents required fewer than 14 C.F.R. 91.9 and 91.203 must be available to the PIC at the Ground Control Station of the UAS any time the UAS is operati ng. These documents must be made available to the Administrator or any law enforcement official upon request.

29. The UA must remain clear and yield the right of way to all manned aviation operations and activities at
all times.16

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

31. Flight operations must be conducted at least 500 feet from all nonparticipating persons (persons other than the PIC, SO, operator trainees or essential persons), vessels, vehicles, and structures un less:

a. Barriers or structures are present that sufficiently protect nonparticipating persons from the UA and/or debris in the event of an accident. The operator must ensure that nonparticipating persons remain under such protection. If a situation arise s where nonparticipating persons leave such protection and are within 500 feet of the UA, flight operations must cease immediately and/or;

b. The aircraft is operated near vessels, vehicles or structures where the owner/controller of such vessels, vehicle s or structures has granted permission and the PIC has made a safety assessment of the risk of operating closer to those objects and determined that it does not present an undue hazard, and;

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

32. All operations shall be conducted over private or controlled

- access property with permission from the land owner/controller or authorized representative. Permission from land owner/controller or authorized representative will be obtained for each flight to be conducted.

33. Any incident, accident, or flight operation that transgresses the lateral or vertical boundaries of the operational area as defined by the applicable COA must be reported to the FAA's UAS Integration Office (AFS

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

2. Reasons Why An Exemption From Th e Requirements Of Section 61.113(a) And (b) Would Not Adversely Affect Safety.

David Bochkay 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 Professional UAS unless that PIC has demonstrated, by meeting minimum flight

- hour and currency requirements, that the PIC is able to safely operate the DJI Phantom 3 Professional UAS in a manner consistent with the exemption, including evasive and emergency maneuvers and maintain ing appropriate distances from people, vessels, vehicles
and structures.

Considering David Bochkay ’ proposed area of operations, and the operating limitations set forth

- above; the parallel nature of private pilot aeronautical knowledge requirements to tho se of commercial pilot requirements (See Exemption No. 11062); and the airmanship skills necessary to safely operate the DJI Phantom 3 Professional UAS, David Bochkay submits that the additional manned airmanship experience of a commercially certificated pilot would no t correlate to the airmanship skills necessary for David Bochkay 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 presen ted herein (e.g. Exemption Nos. 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110, 11112, 11136, 11138, 11150, 11153, 11156, 11158, 11159, 11160, 11161).

Furthermore David Bochkay will not allow any PIC to operate the DJI Phantom 3 Professional UAS unless that PIC has demonstrated, by meeting minimum flight

- hour requirements or the DJI Phantom 317

Professional UAS training and currency requirements, that the PIC is able to safely operate the DJI Phantom 3 Professional UAS in a manner consistent with this exemption, including evasive a nd emergency maneuvers and maintaining appropriate distances from people, vessels, vehicles and
structures.

Specifically, the PIC 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 rotorcraf t pilot (with a minimum of 5 hours of those 21 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 requirements, the PIC must accomplish 3 takeoffs and landings in the preced ing 90 days (for currency purposes).

As in Exemption Nos. 11062, 11138, and 11153, prior documented flight experience that was obtained in compliance with applicable regulations will ensure an equivalent level of safety during David Bochkay ’ proposed oper ations. 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 oper ations 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 logged as a UAS pi lot with a multi

- rotor UAS. Prior to operations under Exemption No. 11062, the PIC must also have accumulated and logged a minimum of 5 hours as a UAS pilot operating the same make and model of UAS to be used for operations under the exemption. For clarifi cation, 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 ti me. In addition to the hour requirements, the PIC must accomplish 3 takeoffs and landings in the preceding 90 days (for currency purposes). The FAA finds that at a minimum, the flight

hour requirements in Exemption No. 11062 are appropriate to practice and build proficiency in the skills necessary to safely conduct the petitioner’s proposed operations. The FAA also finds that prior documented flight experience that was obtained in compliance with applicable regulations would satisfy this requirement. Traini ng, proficiency, and experience

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

building flights the PIC is required to operate the UA with appropriate distances in accordance with 14 C.F.R 91.119.

David Bochkay will ensure safe operations by not allowing any PIC to operate the DJI Phantom 3 Profession al UAS unless that PIC has demonstrated, by meeting minimum flight

- hour and currency requirements, that the PIC is a ble to safely operate the DJI Phantom 3 Professional UAS in a manner consistent with the exemption, including evasive and emergency maneuvers and maintaining appropriate distances from people, vessels, vehicles and structures.

3. Reasons Why An Exemption From The Requ irements Of Section 91.7(a) Would Not Adversely Affect Safety.

The equivalent level of safety established by Section 91.7(a) will be maintained bec ause prior to every flight, David Bochkay will ensure that the DJI Phantom 3 Professional UAS is in an airworthy conditi on 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 res pects, to those presented herein (e.g. Exemption Nos. 11062, 11063, 11064,18

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 equivalent level of safety established by Section 91.121 will be maintained because the altitude
information of the DJI Phantom 3 Professional UAS will be provided to the PIC via GPS equipment and a
radio communications t elemetry data link, which downlinks from the UA to the GCS for active monitoring of the flight path and altitude. This altitude information, combined with David Bochkay ’ operation of the DJI Phantom 3 Professional UAS within visual line of sight, at or below 500 feet A GL, 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 altitude initiation point is automatically established by the UAS at gr ound level. The FAA has previously granted relief from Section 91.121 specific to UAS, in circumstances similar, in all material respects, to those presented herein (e.g. Exemption Nos. 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11112, 11136, 11138, 11150, 11153, 11156, 11157, 11158, 11159, 11160, 11161).

5. Reasons Why An Exemption From The Requirements Of Section 91.151(b) Would Not Adversely Affect Safety.

A grant of this exemption would ensure an equivalent level of safety established by 14 C.F.R. Section 91.151(b) as a result of (1) the technical specifications of the DJI Phantom 3 Professional UAS; (2) the limitations on the proposed flight operations; and (3) the location of the proposed flight operations. Accordingly, David Bochkay will ensure that it will safely operate the battery powered DJI Phantom 3 Professional UAS during daylight hours in VFR conditions, with enough battery power to fly for a total duration of 23 minutes.

Here, as in Exemption No. 11109, the technical specifications of the DJI Phantom 3 Professional UAS; the limitations on the proposed flight operations; and the location of the proposed operations, will ensure an equivalent level of safety established by 14 C.F.R. Section 91.151(b). Furthermore, safety will be
ensured as the DJI Phantom 3 Professional UAS provide audible and visual warnings to the PIC at the GCS when the UAS experiences low battery voltage, the first warning occurring at approximately 33% remaining battery power, and again at approx imately 10% remaining battery power. At the critically low battery level, the DJI Phantom 3 Professional UAS will descend and land automatically.

Significantly, previous exemptions granted by the FAA concerning Section 91.151 establish that safety is not adversely affected when the technical characteristics and operating limitations of the UAS are considered. Relief has been granted for manned aircraft to operate at less than the minimums prescribed in Section 91.151, including Exemption Nos. 2689, 5745, and 10650. Moreover, the FAA has previously granted relief from Section 91.151 sp ecific 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, 111 59, 11160, 11161).

6. Reasons Why An Exemption From The Requirements Of Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), And 91.417(a) & (b) Would Not Adversely Affect Safety.

In seeking this exemption, David Bochkay submits that the equivalent l evel 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 David Bochkay will use trained technicians19

to perform maint enance, alterations, or preventive maintenance on the UAS using the methods, techniques, and practices prescr ibed in the operating documents. Furthermore, David Bochkay will document and maintain all maintenance records for the DJI Phanto m 3 Professional UAS.

Since th e DJI Phantom 3 Professional UAS will be inspected as prescribed by the operating documents, David Bochkay will maintain the equivalent level of safety established by Sections 91.405(a), 91.409(a)(1), and 91.409(a)(2). A copy of the DJI Phantom 3 Professional User Manuals are attac hed hereto as Appendix A and B; a copy of the DJI Phantom 3 Professional UAS Maintenance LOG is attached hereto as Appendix C.

Likewise, the exemption sought will not adversely affect safety because David Bochkay will use trained technicians to perform maintenance, al terations or preventive maintenance on the UAS using the methods, techniques, and practices prescribed by the operating documents.

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

Significantly, previous exemptions granted by the FAA concerning Se ctions 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b) establish that safety is not adversely affected when the technical characteristics and operating limitations of the UAS are considered. 24 In consideration of David Bochkay proposed operating limitations, the operating documents, and the technical aspects of the DJI Phantom 3 Professional UAS, David Bochkay submits that safety will not be adversely affected by granting exemption from 14 C.F.R. Sections 91.405(a), 91.407(a)(1) and (a)(2), 91.409(a )(2), and 91.417(a) and (b). The FAA has previously granted relief specific to UAS in circumstances similar, in all material respects, to those presented herein (e.g. Exemption Nos. 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110, 11112, 1113 6, 11138, 11150, 11153, 11156, 11157, 11158, 11159, 11160, 11161).

7. The FAA May Prescribe Any Other Conditions For Safe Operation.

In accordance with Section 333 of the FAA Modernization and Reform Act of 2012 (FMRA) and 14 C.F.R. § 21.16 entitled Spec ial Conditions, David Bochkay requests that the FAA prescribe special conditions for the intended operation of the DJI Phantom 3 Professional UAS, which contain such safety standards that the Administrator finds necessary to establish a level of safety equivalent to th at established by 14 C.F.R. Part 21, Subpart H, and 14 C.F.R §§ 61.113(a) & (b), 91.7 (a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b). Such special conditions will permit safe operation of the UAS for the limited purpose of conducting aerial video and photography over 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 othe rwise 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 pursuant to 14 C.F.R. § 21.16, for operation of the DJI Phantom 3 Professional UAS, since the airworthiness regulations 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:20

If the FAA finds that the airworthiness regulations of this subchapter do not contain adequate or appropriate safety standards for an aircraft, airc raft engine, or propeller because of a novel or unusual design feature of the aircraft, aircraft engine or propeller, he prescribes special conditions and amendments thereto for the product. The special conditions are issued in accordance with Part 11 of t his 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.

Therefore, in accordance with FMRA Section 333 and 14 C.F.R. § 21.16, the FAA may prescribe special conditions for David Bochkay ’ intended operation of the DJI Phantom 3 Professional UAS, which contain such safety standards that the Administrator finds necessary to establish a level of safety equi valent to that established by 14 C.F.R. Part 21, Subpart H, and 14 C.F.R Sections 25 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 Regist er, stating:

The Rules From Which David Bochkay Seeks Exemption:

David Bochkay 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 David Bochkay Seeks:

This exemption will permit David Bochkay to commercially operate an Unmanned Aircraft System (UAS) for the purpose of conducting aerial video and photography over certain areas of the
U nited States.

CONCLUSION

As set forth herein, David Bochkay seeks an exemption pursuant to 14 C.F.R. § 11.61 and Section 333 of the FAA Modernization and Reform Act of 2012 (FMRA), which will permit safe operation of the DJI Phantom 3 Professio nal 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 of the FAA Moder nization and Reform Act of 2012, while also advancing the interests of the public, by allowing David Bochkay to safely, efficiently, and economically operate the DJI Phantom 3 Professional UAS commercially within the NAS.

WHEREFORE, in accordance with the Federal Avia tion Regulations and the FAA Modernization and Reform Act of 2012, Section 333, David Bochkay 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 Leading Edge to operate the DJI Phantom 3 Professional UAS commercially for the purpose of conducting aerial video and photography over certain areas of the United States.21

Respectf ully submitted,

David Bochkay

9 / 9 / 2 0 1 522

APPENDI C E S

A

- L i n k t o d o w n l o a d D J I P h a n t o m 3 p r o f e s s i o n a l U s e r ’ s M a n u a l :

http://download.dji

innovations.com/downloads/phantom_3/en/Phantom_3_Professional_User_Manual_v1.4_en.pdf