1 of 6 October 1, 2015 U.S. Department of Transportation Docket Management System 1200 New Jersey Ave., SE Washington, DC 20590

Re: Exemption Request Under Section 333 of the FAA Reform Act and Part 11 of the Federal Aviation Regulations

Dear Sir or Madam:

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (the “Reform Act”) and 14 C.F.R. Part 11, J and J S tudio LLC, seeks an exemption from Federal Aviation Regulations (“FARs”) detailed below for the DJI Phantom 3 Professional sSUAS.

The requested exemption would support an application for a commercial Certificate of

Authorization (COA) to use th e system to support real estate photography and videography, aerial surveying , aerial photography, agriculture, wildlife and forestry monitoring, wild land firefighting support, patrolling, aerial inspection

, and mapping operations

. By approving these exemptions, the FAA will support various industries, benefit the environment and build a new profession, all of which are in the public interest. 1

Each DJI sUAS weighs less than 55 lbs. fully loaded, will be operated at a speed no mor e than 87 knots, carry neither a pilot nor passenger, carry no explosive materials or flammable liquids, and operate exclusively within an approved COA airspace. All DJI sUAS use a radio frequency spectrum for operation and control that complies with Fede ral Communications Commission (“FCC”) requirements and has integrated safety features as described within user manuals for each DJI SUAS. The sUAS are equipped with redundant safety mechanisms allowing them to operate safely after experiencing certain in

- flight failures. If a lost

- link event occurs, including the loss of ground communications and/or the loss of a GPS signal, the sUAS have the ability to perform a pre

- coordinated, predictable, automated flight maneuver and return to a predetermined

locatio n within a designated security parameter for landing, if automatic flight appears unsafe, pilot can easily regain control. The sUAS further have the ability to abort a flight in the event of unpredicted obstacles or emergencies.

The DJI Phantom 3 Pro also keeps track of all flight paths and time flown. The aircraft will be operated in the field with both a Pilot in Command (PIC) and a ground

- based Visual Observer (VO) in accordance with FAA Order 8900.1, vol. 16 "Unmanned Aircraft Systems" with the following additional restrictions:

- All operations will be conducted IAW the Air Traffic Organization (ATO) Certificate of Waiver or Authorization (COA).

- All SUAS operations will remain clear of manned aviation operations and activities at all tim es.

- All operations will occur at altitudes no more than 400 ' AGL

- Operations will be operated over private property with the permission of the land owner

- The sUAS will not be operated by a PIC from any moving device.

1 We will provide an explanation of equivalent level of safety for each exemption request, but will point back to the benefits to agriculture and the environment to justify why the requests are in the public interest.2 of 6

- The aircraft will not be operated within 5 NM of an airport or heliport unless prior coordination with ATC or airport management is made

.

- Operations will be limited to day, visual meteorological conditions

- Aircraft will remain within Visual Line of Sight of the PIC and VO at a ll time s.

- Wh ile the aircraft is airborne, the VO will be positioned within voice distance to the PIC

The PIC and VO will meet the requirements outlined in FAA Order 8900.1, volume 16, chapter 4. The PIC will perform maintenance on the system and will complete a course of maintenance instruction as part of their initial training. Due to the simplicity of the system, we do not anticipate the need for a supplemental pilot.

We submit that the combination of the aircraft 's light weight, historically demon strated flight performance, fully qualified flight crew and strict operation under the guidelines established in

8900. 1

, the FAA can have confidence that the operation will have an equivalent or greater level of safety of manned aircraft performing the sam e mission.

The name and contact information of the applicant are:

J and J Studio LLC

Attn: Jason D Gilmore

Ph: 817

- 673

- 1743 Email: jason@jandjstudio.com

The regulations from which the exemption is requested are as follows:

- 14 CFR Part 21

- 14 CFR 91 .203

- 14 CFR 45.23, 45.29

- 14 CFR 91.9

- 14 CFR 61.113, 61.133

- 14 CFR 91.109

, 91.119

- 14 CFR 91.121

, 91.151

- 14 CFR Subpart E (91.401

- 91.417)

- 14 CFR 91.103 (b)

We are prepared to modify or amend any part of this request to satisfy the need for an equivalent level of safety . We look forward to working with your office

. Please contact us at any time if you require additional information or clarification.

Sincerely,

Jason D Gilmore J and J Studio, LLC

Appendices : A

. Exemption Request and Equivalent Level of Safety3 of 6

B

. Privacy Issues C. Safety Assessment

D . Maintenance Procedures

E . User Manual s F . Training Program

G

. Aviation Experience4 of 8 Appendix A

EXEMPTION REQUESTS AND EQUIVALENT LEVEL OF SAFETY

J and J Studio LLC requests an exemption from the following regulations as well as any additional regulations that may technically apply to the operation of DJI sUAS:

14 CFR Part 21, Subpart H: Airworthiness Certificates

This part establishes the procedures for the issuance of an airworthiness certificate. While the FAA continues to work to develop airworthiness standards for sUAS, we request an experimental certificate be issued for DJI sUAS under either or both of the following provisions:

21.191 Experimental certificates. Experimental certificates are issued for the following purposes: (a) Research and development. Testing new aircraft design concepts, new aircraft equipment, new aircraft installations, new aircraft o perating techniques, or new

uses for aircraft. (b) Showing compliance with regulations. Conducting flight tests and other operations to show compliance with the airworthiness regulations including flights to show compliance for issuance of type and supple mental type certificates, flights to substantiate major design changes, and flights to show compliance with the function and reliability requirements of the regulations.

Since the experimental certificate can be used for commercial purposes such as marke t surveys, sales demonstrations, and customer crew training , we would expect that an experimental certificate would permit our commercial purpose as well.

The aircraft will not carry persons or property, will not carry fuel, and will only fly under stric t operational requirements. Combined with the fact that the aircraft weighs less than 55 lbs., we propose that DJI sUAS will be at least as safe, if not safer, than a conventionally certificated aircraft performing the same mission.

If an experimental air worthiness certificate is not appropriate for this application, then we request an exemption of 14 CFR Part 21, Subpart H, and the requirement for an airworthiness certificate in general, citing the equivalent level of safety outlined in the previous parag raph.

14 CFR 91.203(a) & (b) Civil aircraft: Certifications required.

The regulation provides that an airworthiness certificate, with the registration number assigned to the aircraft and a registration certificate must be aboard the aircraft. Additionally, subparagraph (b) provides that the airworthiness certificate be "dis played at the cabin or cockpit entrance so that it is legible to passengers or crew." Each DJI sUAS is too small to carry documentation, does not have an entrance, and is not capable of carrying passengers or crew.

To obtain an equivalent level of safet y and meet the intent of 91.203, we propose that documents deemed appropriate for this aircraft by the FAA will be co

- located with the crew at the ground5 of 8

control station and available for inspection upon request. In order to identify the aircraft, we

prop ose that the information found on airworthiness and registration certificates be permanently affixed to the aircraft via placard:

Manufacturer: DJI

Model s : Phantom 3 Professional

Registered to:

J and J Studio LLC 4705 Sea Ridge Court Fort Worth, TX 76133

If found please contact 817

- 673

- 1743.

14 CFR 45.23 Display of marks; general and 45.29 Size of marks.

These regulations provide that each aircraft must display "N" and the aircraft's registration number in letters at least 3 inches high. Addition ally, the aircraft must display the word "EXPERIMENTAL" in letters at least 2 inches high near the entrance to the cabin, cockpit, or pilot station. Each DJI sUAS does not have an entrance in which the word "EXPERIMENTAL" can be placed, and may not have a registration number assigned to it by the FAA.

We propose to achieve an equivalent level of safety by including the word "EXPERIMENTAL" on the top of the aircraft, where the PIC, VO and others in the vicinity of the aircraft while it is preparing for laun ch will be able to see the designation. Additionally, we feel that the permanent placard discussed in the previous paragraph will provide the aircraft's registration information should it be found on the ground. Finally, we will display at the ground sta tion a high contrast flag or banner that contains the words "Unmanned Aircraft Ground Station" in letters 3 inches high or greater. Since the aircraft will operate within VLOS of the PIC and VO near the ground station, the banner should be visible to anyo ne that observes the aircraft and chooses to investigate its point of origin.

14 CFR 91.9 Civil aircraft flight manual, marking, and placard requirements.

This regulation provides that no person may operate an aircraft unless a current, approved flight manual is in the aircraft. We assume that the intent of this requirement is to ensure that flight manual information is available to the aircrew while operat ing the aircraft. We request an exemption to this requirement since the aircraft is not only too small to carry documentation, the

documentation would not be available to the crew.

To obtain an equivalent level of safety and meet the intent of 91.9, we propose that a current, approved Airplane Flight Manual (appendix E) must be available to the crew at the ground station anytime the aircraft is in, or preparing for, flight.6 of 8

14 CFR 61.113 Private pilot privileges and limitations: Pilot in Command and 61.1 33 Commercial pilot privileges and limitations.

The regulation provides that no person that holds a private pilot certificate may act as pilot in command of an aircraft for compensation or hire. Subparagraph (b) allows a private pilot to act as pilot in c ommand of an aircraft 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.

Our proposed operations meet the requirements of 8900.227 para 16(c)(2)(c) "Operations without a pilot certificate" in which the PIC is required to complete "FAA private pilot ground instruction" and pass "the FAA Private Pilot written examination." Since there are currently no

means ava ilable for the pilot of a SUAS to gain the experience in an equivalent category and class in order to apply for a commercial pilot's license, we propose to generate an equivalent level of safety by requiring our pilots to complete, at a minimum, FAA commer cial pilot ground instruction and pass the FAA Commercial Pilot written examination in addition to completing at least a recreational or sport pilot certificate requirements . Since the aircraft cannot carry passengers or property, we feel we meet the inte nt of 61.113 Subparagraph (b) even though the intent of this application is to conduct a business.

14 CFR 91.109 Flight instruction; Simulated instrument flight and certain flight tests

The regulation provides that "No person may operate a civil aircraft that is being used for flight instruction unless that aircraft has fully functioning dual controls." The DJI sUAS ground

control station is based on a small hand

- held radio controller an d, if applicable, a mobile device. While it does not offer a second set of "controls", both the student and instructor can, and will, operate the single set of controls simultaneously. With both student and instructor having

"hands

- on" the controls durin g flight, we feel that this technique meets the intent 91.109 and provides an equivalent level of safety.

14 CFR 91.119 Minimum safe altitudes: General.

The regulation provides that over sparsely populated areas the aircraft cannot be operated closer

than 500 feet to any person, vessel, vehicle, or structure. Since the aircraft will be operating at a maximum of 400 feet AGL, we cannot comply with this requirement.

To provide an equivalent level of safety we will only fly over private property with the

per mission of the land owner. The land owner will be briefed of the expected route of flight and the associated risks to persons and property on the ground. We maintain that due to the small size of each DJI sUAS, the hazard to persons, vessels, vehicles, a nd structures is not comparable to manned aircraft and should be considered in granting the exemption.

The aircraft will be operated at an altitude allowing, if a power unit fails, an emergency landing without undue hazard to persons or property on the su rface.

14 CFR 91.121 Altimeter settings.7 of 8

The regulation provides that aircraft shall maintain cruising altitudes by reference to an altimeter setting available within 100 nautical miles of the aircraft. The aircraft will fly below 400 feet AGL and will not need to maintain hemispherical cruising altitudes in order to de

- conflict with other aircraft. As such, an appropriate altimeter measurement presented to the pilot should be Above Ground Level and should be based on the digitally encoded telemetric data feed, which

downlinks from the aircraft to a ground

- based on

- screen display. The altitude information will be generated by equipment installed onboard the sUAS, using GPS triangulation, digitally encoded barometric altimeter, radio altimeter, or any combination thereof. Prior to each flight, a zero altitude initiation point will be established and confirmed for accuracy by the sUAS PIC. Since the aircraft will fly no more than 30 minutes, even rapid changes in barometric pressure will have limited effect on the safety of the flight.

14 CFR 91.151 Fuel requirements for flight in VFR conditions.

The regulation provides that no person may begin a flight in an airplane under day

- VFR conditions unless there is enough fuel to fly to the first point of intended landing and to fly after

that for at least 30 minutes. We feel the intention of this paragraph is to provide a reserve of energy as a safety buffer for go

- arounds and other delays to landing.

Each DJI sUAS is battery operated and the maximum duration of flight from a single battery charge is 30 minutes. Since the aircraft will never fly more than VLOS from the PIC and the VO near the point of intended landing, a full battery charge at launch will ensure that we meet the reserve energy requirement of this paragraph. The sUAS will not be oper ated unless it can begin the flight with enough power to complete the intended operation and operate after that for at least five minutes or with the reserve power recommended by the manufacturer. We request an exemption to the word "fuel" and ask for an equivalent interpretation with the word "energy".

14 CFR Subpart E (91.401

- 91.417)

- Maintenance, Preventive Maintenance, and

Alterations

The regulation provides that the operator is primarily responsible for maintaining the aircraft in an airworthy cond ition, including compliance with part 39 and 43. Paragraphs 91.407 and 91.409 require that the aircraft be "approved for return to service by a person authorized under 43.7" after maintenance and inspection. It is our intention that the PIC perform maint enance and inspection of the aircraft and "be authorized to approve the aircraft for return to service."

The sUAS will be maintained IAW the manufacturer’s maintenance, overhaul, replacement, inspection, and life limit requirements for both the system an d related components. Maintenance performed by the PIC is limited to repairing small cracks, replacing a propeller, and updating software and firmware. All other maintenance will be performed by the manufacturer. The PIC will document work performed in accordance with 91.417. We feel that due to the size, construction, and simplicity of the aircraft, the PIC can ensure an equivalent level of safety.

Any sUAS that has undergone maintenance or alterations that affect the sUAS operation or flight

character istic will undergo a functional test flight prior to conducting further operations. Functional test flights will only be conducted by a current and qualified PIC with a VO and will remain 500 feet from other people.8 of 8

14 CFR 91.103(b)

– Preflight Action

The regulation prescribes, in pertinent part, that each pilot in command shall, before beginning a flight, become familiar with all available information concerning that flight, to include, “For any flight, runway lengths at airports of intended use, and the following takeoff and landing distance information:... For civil aircraft for which an approved Airplane or Rotorcraft Flight Manual containing takeoff and landing distance data is required, the takeoff and landing distance data
contained therein.”

The PIC w ill take all actions including reviewing weather, flight battery requirements, aircraft performance data, and landing and takeoff distances before initiation of a flight. The PIC will

also account for all relevant site

- specific conditions in their prefligh t procedures. Risks presented by sun glare will be mitigated by the PIC’s and VO’s ability to see other air traffic and initiate a

return

- to

- home sequence if needed. However, given the limited nature on how the sUAS will be used and that all operations wil l not be conducted within an airport environment, takeoff and landing data associated with airport data will not be applicable. Therefore, we request relief from 91.103(b).