Creative Edge, Inc. Jason Wray, CEO 1202 Greenway Jackson, MO 63755 jwray@ creativeedge.tv January 22, 2016 United States Department ofTransportation Docket Management System 1200 New Jersey Ave., SE Washington, DC 20590 RE: Petition for Section 333 Exemption To Whom It May Concern: Pursuant to Section 333 ofthe Modernization and Reform Act of2012 ("Reform Act") and 14 C.F.R. Part II, Creative Edge, Inc., a Missouri corporation ("Petitioner") hereby respectfully petitions the Federal Aviation Administration (the "Administration") for exemption from the federal regulations identified herein so that Petitioner may operate a small unmanned aircraft system ("UAS") for civil (nongovernmental) purposes other than for recreation or hobby. The Administration's authority to issue exemptions from current regulations under Section 333 provides the Administration with an opportunity to authorize certain UAS operations in the national airspace system ("NAS"). Section 333 ofthe Reform Act grants the Secretary ofTransportation authority to determine (I) ifan unmanned aircraft system, as a result ofits size, weight, speed, operational capability proximity to airports and populated areas, and operation within visual line ofsight ("VLOS") does not create a hazard to users ofthe NAS orthe public orpose a threat to national security, and (2) whethera certificate ofwaiver, certificate ofauthorization, or airworthiness certification under 49 U.S.C. is required for the operation of the civil (non-governmental) UAS. Therefore, if the Secretary of Transportation determines that such vehicles "may operate safely in the national airspace system, the Secretary shall establish requirements for the safe operation ofsuch aircraft in the national airspace system." 1 Petitioner requests an exemption because it desires to use a UAS in its current business, and without an exemption, the existing regulations will considerably burden Petitioner. The requested exemption, along with any conditions required by the Secretary, would permit Petitioner to legally and safely operate its proposed UAS under limited, predetermined, and controlled conditions in airspace
. Approval of this exemption wouldtherefore enhance safety and fulfill the requirements for the safe operation ofsuch aircraft in the NAS. Moreover, Petitioner believes an exemption would greatly benefit the public, as will be described further herein. Introduction Petitioner is a marketing and advertising company that provides imaging, video production, and digital content management services for use in its clients' commercial, personal, and non-profit multimedia

1 It is Petitioner's reading ofSection 333 that the Secretary may, within in its decision to grant an exemption, establish additional conditions or requirements for safe operation ofa UAS within the NAS ifit should be determined that the conditions set forth in a petition for exemption do not fulfill safety requirements.projects. Petitionerhas over one year ofexperience in small UAS operation
. Petitioner's staffis comprised ofprofessional videographers with experience in all aspects ofvideography and photography. Petitioner desires to use the proposed UAS identified herein to provide high quality aerial photography and videography for its clients in a wide variety of industries, including government entities, chambers of commerce, real estate brokers and agents, real estate developers, technology startups, and construction compames. 

### Description ofVAS Petitioner requests exemption in connection with its operation ofthe following UAS: 

### DJI Phantom 3 Professional (Model #P78DCF24031 293) 2 The Phantom 3 Professional is a vertical takeoffand landing quadcopter manufactured by DJI, a leader in quadcopter technology
. DJI has an unparalleled commitment to research and development and a strong focus on safety. The standard Phantom 3 Professional quadcopter package includes the quadcopter, camera, gimbal, propulsion system, flight control system, remote, and video/telemetry transmission system. The remote uses a 2.4 GHz frequency to prevent interference with the 5.8 GHz video/telemetry channel. This second channel allows for a constant connection with the Phantom to monitor it via the display monitor that is attached to the remote. The Phantom 3 Professional weighs 1280 grams (2.82 lbs), and is 16.2 inches long, 16.6 inches wide, and I0
.5 inches in height. Its maximum speed is approximately 31 knots. It is equipped with a flight control system that is easy to use. Pilots can control the Phantom's movements in many directions. The flight control system also provides Intelligent Orientation Control, failsafe battery level warnings, and it shows the aircraft's current heading, direction, and approximate distance from home on the on-screen radar. A built-in GPS system aids in stabilizing the aircraft and automatically and safely returns it back to its home point in case communication between the remote and quadcopter is lost. The Phantom has a built-in inertial sensor and a barometric altimeter that measures both attitude and altitude. The inertial measurement tells the Phantom how it is tilted in the air. And the gyros tell the Phantom ifit is rotating in any particulardirection
. The Phantom's compass reads geomagnetic information and assists the GPS to accurately calculate the position and height of the aircraft. The vertical hover accuracy is+/

- 0.5 meters and the horizontal hover accuracy is+/

- 1.5 meters. The Phantom has LED flight indicators beneath each ofits four rotor arms. TheLEDs illuminateto indicate the status ofthe flight control system and alert the pilot ofany possible issues. 

### Petitioner's Proposed Operation ofthe VAS Petitioner will use the proposed UAS only within the United States. No use of the UAS will be made without the United States. In an effort tojoin the Administration in its mission to provide the safest, most efficient NAS in the world and to assist the Administration in its safety assessment of Petitioner's proposed UAS operations, the following is a summary ofoperational limitations and conditions that will ensure Petitioner operates the

2 http://www.d ji
.com /product/phantom-3-pro/info#specs

### UAS at an equivalent or higher level of safety as those operations conducted under current regulatory guidelines: 1
. For the purposes of ensuring the UAS will be operated within the standards that the Administration has allowed in the AMA National Model Aircraft Safety Code: a. A UAS will not be flown: 1. In a careless or reckless manner. 2. At a location where UAS activities are prohibited
. b
. UAS pilots will: 1. Yield the right ofway to all human-carrying aircraft. 2
. See and avoid all aircraft and a spotter must be used when appropriate. 3
. Not fly higher than 400 feet above ground level ("AGL") or within five (5) miles ofan airport without notifying the airport operator. 4
. Not interfere with operations and traffic patterns at any airport, heliport or seaplane base except where there is a mixed use agreement. 5
. Not exceed a takeoffweight of55 pounds (including payload). 6
. Not fly near large congregations ofpeople or stadiums
. 7
. Maintain VLOS with the aircraft at all times. 8. Ensure the aircraft is identified by affixing the owner's contact information to the outside ofthe UAS
. 9
. Not operate a UAS while under the influence ofalcohol or while using any drug that could adversely affect the pilot in charge ("PIC") ability to safely control the model. I0
. Not operate a UAS carrying pyrotechnic devices that explode or burn, or any device which propels a projectile or drops any object that creates a hazard to persons or property. c. A UAS will not be flown unless: I
. The aircraft,control system and pilot skills have successfully demonstrated all maneuvers intended or anticipated priorto the specific event. 2
. An 

### inexperienced pilot is assisted by an experienced pilot. d
. All pilots shall avoid flying directly over unprotected people, vessels, vehicles or structures and shall avoid endangerment oflife and property ofothers
. e. A successful radio equipment ground-range check in accordance with manufacturer's recommendations will be completed before the first flight ofa new orrepaired model aircraft
. f
. A UAS must use the radio-control frequencies currently allowed by the Federal Communications Commission. g. A UAS will not knowingly operate within three (3) miles ofany pre-existing flying site without a frequency-management agreement. h. Excluding takeoffand landing, no UAS may be flown outdoors closer than 25 feet to any individual, except for the PIC and the PIC's helper(s) located at the takeoffsite
. 1. 

### Under no circumstances may a pilot or other person touch a UAS in flight while it is still under power, except to divert it from striking an individual. J. 

### The PIC ofthe UAS shall: 1
. Maintain control during the entire flight, maintaining visual contact without enhancement other than by corrective lenses prescribed for the pilot. 2. Fly using the assistance of a camera or First-Person View (FPV) only in accordance with the procedures outlined in AMA Document #550. 3
. Fly using the assistance ofautopilot or stabilization system only in accordance with the procedures outlined in AMA Document #560.k. The flying area must be clear ofall utility wires or poles and an UAS will notbe flown closer than 50 feet to any above-ground electric utility lines. I. The flying area must be clear before the engine is started, except for PIC and the PIC's helper(s). 2. In addition to the above rules outlined by the AMA National Model Aircraft Safety Code and in an effort to enhance the safety offered by the already safe operations mentioned above, Petitioner also agrees to be bound by the following limitations and conditions:
a. Flights will be operated within the VLOS ofthe PIC. b
. Maximum total flight time for each operational flight will be 25 minutes. Flights will be terminated at 25% battery power reserve should that occur prior to the 25 minute limit. c. The UAS will only operate in tightly controlled and limited airspace. d. A briefing will be conducted in regard to the planned UAS operations prior to each flight. It will be mandatory that all personnel who will be performingduties within the boundaries ofthe safety perimeter be present for this briefing. e. The PIC and the PIC's helper(s) will have been trained in operation of UAS and received up-to-date information on the particular UAS to be operated. f. The pilot and the PIC's helper(s) will at all times be able to communicate by voice. g. Ifthe UAS loses communications or loses its GPS signal, the UAS will have capability to return to a pre-determined location within the security perimeter and safely land
. h. The UAS will have the capability to abort a flight in case ofunpredicted obstacles or emergencies. t. All flights will be conducted on private property and with the written and/or verbal pem1ission ofthe property owner(s)
. 

### J. Flights will always be conducted in areas that are clearofall people, except for the PIC and the PIC's helper(s). k. All flights will be conducted outdoors in visual meteorological conditions and never during severe weather conditions. I. Flights will not occur in weather conditions that prevent the PIC from operatingwithin the VLOS at all times orin weatherconditionsthat dramatically affectthe UAS'sflight (e.g. high winds)
. m. If an operation occurs in an area where people could inadvertently enter the area, an operational border will be established with traffic cones. If it is not feasible to use traffic cones due to interference withthe photography/videography,the PIC's helper(s) will be responsible for keeping a safe perimeter around the operation. The operation will cease immediately and be rescheduled if it is impossible to establish a safe perimeter around the operation. n. The PIC will be responsible for logging all flights to ensure the preventative maintenance plan can be followed, as described below. o. The UAS will not be routinely operated in the proximity ofany airports. 

### In any cases where the UAS must be operated within three (3) miles of an airport, the airport operator will be notified before the operation commences. The operation ofthe Phantom conducted under these strict conditions will provide an equivalent level of safety supporting the grant ofthe exemptions requested herein
. These lightweight aircraft operate at low speeds, close to the ground, and in a tightly controlled environment. As a result, they offer a much safer way to capture aerial photography and videography than traditional manned aircraft.The PIC will also follow a comprehensive pre-flight checklist to ensure that the UAS is in a condition for safe flight. This plan will be improved as needed in order to ensure all known safety precautions and/or safety precautions suggested by the manufacturer are being accounted for. 1
. Pre-flight Inspection a. Check that the remote control, Phantom battery, and video receiver/monitor are all fully charged
. b. Verify that the Phantom battery is not swollen or damaged in any way. Clean the contact needles and pads ifnecessary. c. Turn the motor shafts with your fingers and verify they are smooth without excessive play orbinding. d. Verify that the propellers are mounted correctly. Propellers with a black top should be mounted on the mount shafts thathave a black dot. Propellers with a silvertop should be mounted on the mount shafts that have a silver dot. Each propeller should spin all the way down onto the motor shaft
. e. Run finger along the edge ofedge blade to check for any rough edges. f. Flex both sides ofthe propellers' blades to check for hairline cracks where the blades connect in the center ofthe propeller. g. Verify that the landing gear is secure (not cracked/broken/loose)
. h. Verify that the compass and compass cable is firmly attached to the landing gear. 1. Verify that the Micro-SO card has been inserted and formatted. J. Verify that the damping absorbers are not broken and/or worn. k. Verify that the anti-drop pins are in place and locked
. I. Verify that the camera is powered on and in working condition. m. Verify that the camera is secure and clean. Inspect the camera ribbon cables for tears and/or signs ofwear. n. Verify that the video transmitter and receiver are set to the same channels. o. Set the PIC's and helper's smartphones to do-not-disturb mode to prevent distractions while flying
. 2. Power Up a. Verify that transmitter throttle is in idle position, flight mode is in GPS+ attitude stabilization mode, and Intelligent Orientation Control (IOC) is disabled. b. Power onthe equipment in the following sequential order: 1. Remote Control (LEDs indicate power and transmission; check display indicates transmitter battery level above 7.0 V) u. Insert and start the Phantombattery. m. Power on video camera. iv. Power on video receiver. c. Watch the Phantom LED startup sequence for abnormal indications. The rear LEDs shouldblink green for at least 10-15 seconds to indicate that it locked onto 6+ satellites and has marked the home point (for use by the failsafe feature). d. Calibrate the Phantom's compass. e. Place the Phantom on an open, flat ground with the battery indicators facing towards the PIC at least 10 feet away. 3. On-Screen-Display Telemetry a. Confirm Telemetry Data is beingreceived by video receiver. b. Confirm Battery Voltage Level Indicates Full Charge (> 12.1 V). c. Verify the number ofsatellites is 7 ormore. d
. Verify the video reception quality
.c. Verify video receiver /monitor battery indicates full charge. f. Verify altitude reading indicated by telemetry is within 50' ofactual ground elevation. g. Verify home point location has been accurately marked. h
. Verify indicated distance to home location is within 25' of actual distance between Phantom and home point. 4. Ready to Fly a. Verify that the remote control antenna is perpendicular to the ground (pointing skyward). b. Verify that the flight area is clear ofpeople, other than the operator and assistant, when applicable. c. Verify that the rear LEOs are still slowly blinking green and still connected to 7+ satellites. d
. Start the Phantom motors using the CSC command on the remote control. e. Verify that the motors are functioning normally, are not making any unusual noises, and are all spinning at the same speed. f. Verify that the area is still clear ofobstructions, people, power lines, etc. g. Take offand hover at about 6-8 feet above the takeoffpointto verifythat the Phantom has a solid GPS lock
. Ifany abnonnalities are noticed (drifting, flying in circles, etc.), land immediately and repeat the "Pre-flight Inspection" and "Power Up" sequences. h. Verify that the Phantom holds a steady position while yawing 360 degrees. 1. Verify that the Phantom responds appropriatel y to all controls

- yaw left/right, pitch forward/backward, roll left/right, and throttle up/down
. A preventative maintenance plan set forth in the Phantom 3's owner materials will be followed in order to ensure the proposed UAS 's software is up to date, the batteries are in good health, and the aircraft itselfis ready for safe flight. Basis for Petition In accordance with 14 CFR 

### § 11.81, Petitioner provides the following information in support ofits petition for exemption: A. Name and Mailing Address ofPetitioner Creative Edge, Inc. c/o Jason R. Wray, CEO 1202 Greenway Jackson, MO 63755 B. Exemptions Sought Petitionerrequests exemption from the following regulations: I. 14 CFR Part 21 , Subpart H - Airv.·orthiness Certificate 2
. 14 CFR § 61.23(a)

- Medical Certificate 3. 14 CFR § 61.113(a) and (b)

- Private Pilot Privileges and Limitations 4. 14 CFR § 91
. 109

- Flight Instruction5. 14 CFR 

### § 91.121 -Altimeter Settings 6. 14 CFR § 91.15l(a)(l)

- Fuel Requirements 7. 14 CFR §§ 91.405(a), 91.407(a)(1), 91.409(a)(l) & (2), 91.417(a) & (b)

- Maintenance C. Extent and Reasoning for Request, No Adverse Effect on Safety 1. 14 CFRPart 21, Subpart H- Airworthiness Certificate Subpart H establishes the procedural requirement for the tssuance of airworthiness certificates as required by 14 CFR 

### § 91.203(a)(l). The Administration has previously considered the size, weight, speed, and limited operating area associated with Petitioner's particular UAS model noted above, and has detem1ined that such UAS model meets the conditions of Section 333
. 

### See, inter alia, Exemption No. 14452, Docket No. FAA-2015-5211 ; Exemption No. 14453, Docket No
. FAA-2015-5217. Therefore, it is requested that Petitioner be granted a full exemption from the requirement ofan airworthiness certificate under 14 C.F.R. Part 21 , Subpart H. 2. 14 CFR § 61.23(a)- Medical Certificate This regulation requires pilots ofmanned aircraft to hold a medical certificate
. Petitioner believes the risks associated with the operation of the proposed unmanned aircraft are significantly less than those associated with operating a manned aircraft
. In addition, the proposed UAS is ofa size, weight, speed, and operational capability which makes it much safer than any manned aircraft, and Petitioner's operations will occur in tightlycontrolled andlimitedairspace thatis clearofpeople. Therefore,Petitionerrequests a full exemption from the requirement ofobtaining and maintaining a medical certificate. Petitionerbelieves this exemption will have no effectonthe safety ofthe operation. In the very rare case ofa mishap, the UAS being flown will pose a low threat ofinjury because the UAS is a small fraction ofthe size, weight, and speed ofa manned aircraft and will carry no flammable fuel, crew, or passengers. 3. 14 CFR § 61.113(a) and (b)- Private Pilot Privileges and Limitations These regulations limit private pilots to non-commercial operations and would otherwise require Petitioner to have a commercial pilot license for its UAS operations. Petitioner's UAS, ofcourse, will not carry a pilot or passengers. In addition, the UAS 's size, weight, speed, and operational capabilities are very limited, and Petitioner's operations will occur in tightly controlled and limited airspace. Accordingly, Petitioner requests a full exemption from the above regulations.Petitioner believes its proposed operations can achieve the equivalent level of safety without a commercial pilot's license
. Furthermore, since there are no uniform qualifications or standards for either private or commercial UAS pilots, it is Petitioner's beliefthat experience acquired from actual operation ofthe UASwill be the mostimportant factor in establishing an equivalent level ofsafety. It cannot be assumed that a commercial pilot, approved to operate a manned helicopteror fixed wing aircraft, has the skill or ability to safely operate a small UAS operating in a controlled airspace. 4. 14 CFR § 91.109- Flight Instruction This regulation provides that no person may operate a civil aircraft (except a manned free balloon) that is being used for flight instruction unless that aircraft has fully functioning dual controls
. By design, UASs do not have fully functional dual controls. Flightcontrol is accomplished through the use of a control box that communicates with the UAS via radio or cellular communications. The Administration has approved exemptions for flight training without fully functional dual controls for a number of aircraft and for flight instruction in experimental aircraft, and Petitioner requests the same. It is Petitioner's beliefthat an equivalent level ofsafety is achieved by the fact that neither a pilot nor passengers will be carried in the UAS and by the limited size, weight, speed, and operation capabilities ofthe proposed UAS
. 5
. 14 CFR § 91.121- Altimeter Settings This regulation requires each person operating an aircraft to maintain cruising altitude by reference to an altimeter that is set "to the elevation of the departure airport or an appropriate altimeter setting available before departure." The proposed UAS does not have a typical barometric altimeter on board
. It has both a GPS altitude readout and barometric pressure sensorwhich supplementsthe GPS altimeter, but the GPS and barometric pressure sensor cannotbe set manually
. Petitioner believes that an equivalent level of safety will be achieved by the operator confirming the altitude ofthe launch site shown on the GPS altitude indicator before flight and by maintaining less than 400 feet AGL relative to the initial altitude indicated on the ground. Therefore, Petitioner requests full exemption from this regulation. 6. 14 CFR § 91.151(a)(l)- Fuel Requirements This regulation prohibits an individual from beginning "a flight in an airplane 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 - (l) During the day, to fly after that for at least 30 minutes; or (2) At night, to fly after that for at least 45 minutes
." The battery powering the proposed UAS provides approximately 25 minutes ofpowered flight. That makes it impossible to meet the 30 minute reserve requirement.Petitioner believes that an equivalent level ofsafety can be achieved by limiting flights to 20 minutes or 25% ofbattery power (whichever occurs first). This restriction would be more than adequate to return the UAS to its planned landing zone from anywhere in its limited operating area. Therefore, Petitioner requests full exemption from this regulation. 7
. 

### 14 CFR §§ 91.405(a), 91.407(a)(l), 91.409(a)(l) & (2), 91.417(a) & (b)- Maintenance These regulations require that an aircraft operator or owner "shall have that aircraft inspected as prescribed in subpart E ofthis part and shall between required inspections, except as provided in paragraph (c) of this section, have discrepancies repaired as prescribed in part 43 ofthis chapter
...," and others shall inspect or maintain the aircraft in compliance with Part 43. Giventhatthese sections and Part43 apply onlyto aircraftwith an airworthiness certificate, and that Petitioner's UAS has routinely been approved for Section 333 exemption, Petitioner requests full exemption from these regulations as well. Maintenance will be accomplished by the operator pursuant to the DJI Phantom 3 user manual and guide. An equivalent level ofsafety will be achieved because these small UASs are very limited in size, will carry little to no payload, and will operate only in restricted areas for limited periods oftime. Ifmechanical issues arise, the proposed UAS can land immediately and will be operating from no higher than 400 feet AGL. Moreover, the operator is the person most familiar with the aircraft and best suited to maintain the aircraft in an airworthy condition to provide the equivalent level ofsafety. 

### D. Public Interest Petitioner believes this petition will significantly benefit the public interest as a whole. Petitioner has many large clientsthatinclude local governmententities, chambers ofcommerce, and local andnational real estate brokerages, technology startups, and construction companies. Petitioner's work in photography and cinematography is vital to the marketing efforts ofmany members ofthe local and national economy. Petitionerwill provide imagery and videowhich is not otherwise able to be captured without the use ofa UAS. As described above, UASs offer an equivalent (or greater) level ofsafety, a reduction in environmental impacts, and are free from harmful emissions associated with the manned aircraft that are currently used for aerial photography and videography. Due to the size ofthe proposed UAS and the tightly controlled and limited airspace in which Petitioner will operate it, approval ofthis application presents no risk to the public. Furthermore, the public will be able to legally acquire aerial photography and videography for the purposes of, but not limited to, photos and video as an aid when researching and listing property for sale, for business or non-profit marketing, or for safely accessing high and/or awkward areas ofa structure's exteriorto assess its status. Furthermore, with respect to privacy issues and national security, since the areas being photographed or filmed will be accessed only after written or verbal consentbytheproperty owner(s), such areas will be clear ofall people except for the PIC and PIC's helper(s), and the tightly controlled environment in which the UAS will be flown, approval ofthis petition for exemption presents no privacy or national security issues for the public. 

### E. Summary for Federal RegisterCreative Edge, Inc., a Missouri corporation, seeks exemption from the requirements of 14 CFR Part 21, Subpart H, 14 CFR §§ 6l.113(a) and (b), 14 CFR § 91.109, 14 CFR § 91.121, 14 CFR § 91.151, 14 CFR § 9l.405(a), 91.407(a)(l), 91.409(a)(l) and (a)(2), and 91.417(a) and (b), to operate a small unmanned aircraft system ("UAS") pursuantto Section 333 ofthe FAA Modernization and Reform Act of2012. This exemption will permit Creative Edge, Inc. to operate a UAS for the commercial purpose ofproviding aerial photography and videography for its clients' commercial, personal, and non-profit multimedia projects
. 

### Conclusion The operation of the proposed UAS conducted in the strict conditions outlined above will provide an equivalent or greater level of safety supporting the grant of the exemptions requested herein, including allowing commercial operations. These lightweightDJI aircraft operate at slow speeds, closeto the ground, and in a sterile environment, and as a result, are far saferthan existing operations conducted byhelicopters operating in close proximity to the ground, people, and other buildings in the vicinity
. Accordingly, Petitioner requests that the Administration grant the requested exemptions without delay. Respectfully, CREATJVE EDGE, INC.