UNITED STATES OF AMERI CA DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION

WASHI NGTON, DC

Regulatory

Docket No. _______________

**IN THE MATTER OF THE PETITION FOR EXEMPTION OF:**  **Paul Remde FOR AN EXEMPTION SEEKING RELIEF FROM THE REQUIREMENTS OF** 

**TITLE 14 OF THE CODE OF FEDERAL REGULATIONS SECTIONS 61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1),**  **91.409(a)(1) & (a)(2), AND 91.417(a) & (b) CONCERN ING COMMERCIAL**  **OPERATION OF DJI PHANTOM 3 PROFESSIONAL, DJI INSPIRE 1 AND DJI** 

**INSPIRE 1 PRO UNMANNED AIRCRAFT SYSTEMS** 

**PURSUANT TO SECTION 333 OF THE FAA MODERNIZATION AND REFORM ACT OF 2012** 

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

Submitted on December 20 , 2015 Paul Remde Cumulus Soaring, Inc 8661 Connelly

Place Savage, MN 55378

- 2169 Tel: ( 952 ) 4 4 5
- 90332 **TABLE OF CONTENTS** Page GLOSSARY OF ABBREVIATIONS...................................................................................3 SUMMARY...................................................................................................................... .....4 IN TRODUCTION AND INTERESTS OF PETITIONER....................................................4 BACKGROUND...................................................................................................................

. 5 BASI S FOR PETITION.......................................................................... ...............................5 NAME AND ADDRESS OF PETITIONER.............................. ...............................8 THE SPECIFI C SECTIONS OF 14 C.F.R. FROM WHI CH PAUL REMDE SEEKS EXEMPTI ON................................................................. 8 THE EXTENT OF RELIE F PAUL REMDE SEEKS AND THE REASON PAUL REMDE SEEKS THE RELIEF......................... 1 2 THE REASONS WHY GRANTING PAUL REMDE ’S REQUEST WOULD BE INTHE PUBLIC INTEREST ......................................................... 1 5 THE REASONS WHY GRANTING THE EXEMPTI ON WOULD NOT ADVERSELY AFFECT SAFETY............................................ ..............................19 CONCLUSION.......................................................................................

..................... ........33 APPENDI CES........................................................................................3 53 **GLOSSARY OF ABBREVIATIONS** AGL Above Ground Level AOI Area of Interest ATC Air Traffic Control ATO Air Traffic Organization AV Aerial Vehicle CFR Code of Federal Regulations COA Certificate of Authorization FAA Federal Aviation Administration FAR Federal Aviation Regulation GCS Ground Control Station GPS Global Positioning Sy stem LOL Loss of Link NAS National Airspace Sy stem NOTAM Notice to Airman PI C Pilot In Command Section 333 FAA Modernization and Reform Act of 2012 (FMRA) Section 333 SO Safety Observer SOP Standard Operating Procedures UA Unmanned Aircraft UAS Unmanned Aircraft Sy stem VFR Visual Flight Rules VLOS Visual L ine of Site VMC Visual Meteorological Conditions VTOL Vertical Takeoff and Landing4 **SUMMARY** PAULREMDE 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 Unmanned Aircraft System s pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (FMRA). This exemption will permit PAUL REMDE , owner of Cumulus Soaring, inc) to operate an Unmanned Aircraft Sy stem (UAS) for the commercial purpose of conducting aerial video and photography of construction sites, Energy

Inspections, real estate, special events, corporate marketing and landscape over certain areas of the United States.

**INTRODUCTION AND INTERESTS OF THE PETITIONER**  PAULREMDE is the Owner of Cumulus Soaring Inc. and is looking to expand the services he provides his clients to include aerial photograph y and videography . He currentl y holds a private pilot license for Gliders and has held this since 1990. PAUL REMDE is looking to share his expertise and knowledge in advanced technologies and solutions to increase efficiency , productivity and effectiveness. PAUL REMDE also provides his clients with the highest qualit y digital content for use in their commercial, personal, and non

- profit multimedia projects. PAULREMDE ha s over 500

- hours aerial expertise with gliders and has worked with small model aircraft and simulators since 1982. He has several ye ars recreational/hobby experience in all aspects of aerial video and photograph y. The objective of PAUL REMDE ’s aerial vide o and photography operation s is to provide high qualit y imaging (under 400 ft) for real estate, construction, Energy5

inspections, special events, corporate marketing , landscape and recreat ional markets in Mi nnesota and the surrounding states

. **BACKGROUND** Unmanned Aircraft Sy stem: DJIPhantom 3 Professional PAULREMDE seeks an exemption to operate DJ I sy stems for compensation or hire within the NAS

. DJ I Phantom 3 Professional is a vertical takeoff and landing (VTOL) Unmanned Aircraft (UA) with a Ground Control Station (GCS) utilizing electronic tablet or smart phone s ys tems. The DJ I PHANTOM 3 PROFESSI ONAL has a maximum gross weight of approximately 35.5 oz, whi le having a length of 1 7.25 inches width of 1 7.75 inches, height of 12 inche s, and a m aximum speed of approximately 20 knots. The DJ I Phantom 3 Professional UAs are equipped with four main rotors; driven by L ithium Poly mer battery

powered electric motors. DJIPhantom 3 Professional UAs that will be operated b y PAUL REMDE has been 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

. (N#: N472PR

– Serial Number

P76DC J21A26303) **BASIS FOR PETITION** Petitioner, PAULREMDE , 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 Syste ms , hereb y petitions the Administrator to commerciall y operate the DJ I Phantom 3 Professional UAS in the National Airspace Sy stem (NAS), and for an exemption from the requirements of 146

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, PAUL REMDE ’s operation of the DJ I Phantom 3 Professional 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. Accordingl y, PAUL REMDE requests relief from Sections 91.405(a), 91.40 7(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b), as these sections set forth requirements for maintenance that onl y apply to aircraft with an airworthiness certificate. PAULREMDE submits that the requested relief is proper since an equivalent level
o f safet y will be ensured. PAULREMDE will use experienced personnel or technicians to perform maintenance, alterations, or pr eventive maintenance on the UAS using the methods, techniques, and practices prescribed in the operating documents (i.e., Monthly M aintenance Lo g, and DJIPhantom 3 Professional In struction Manual). Furthermore, PAULREMDE will document and maintain all maintenance records for the DJ I Phantom 3 Professional UAS. Relief from certain requirements of Section 61.113(a) and (b), entitled Private pilot privileges and limitations: Pilot in command, is requested by PAUL REMDE to the extent necessary to allow a Pilot in Command (PI C) holding a private pilot or higher level certificate, as well as an airman medical certificate, and who has demo nstrated, by meeting minimum flight

- hour and currency requirements, that the PI C is able to safely operate the DJIPhantom 3 Professional UAS in a manner consistent with this exemption, including7

evasive and emergency

maneuvers and maintaining appropriate distances from people, vessels, vehicles and structures. PAULREMDE seeks relief from Section 91.7(a), entitled Civil aircraft airworthiness , because the DJ I Phantom 3 Professional UAS do es not require an airworthiness certificate in accordance with 14 C .F.R. Part 21, Subpart H. As such, PAUL REMDE submits that he will ensure that the DJ I Phantom 3 Professional UAS is in an airworth y condition, prior to every flight, by determining that the UAS are in compliance with the operating documents (i.e., Monthly Maintenance Log, and DJ I Phantom 3 Professional Instruction Manual), and that the aircraft is in a condition for safe flight. PAULREMDE also seeks an exemption from the requirements of Section 91.121, entitled Altimeter Settings , as DJ I Phantom 3 Profes sional UA will not have a t ypical barometric altimeter onboard. However, altitude information of DJ I Phantom 3 Professional UAs will be provided to the PI C via Global Positioning Sy stem (GPS) equipment and radio communications telemetry data link, which do wnlinks from the UA to the GCS for active monitoring of the flight path. This altitude information, combined with PAULREMDE ’s operation of DJ I Phantom 3 Professional UASs within visual line of sight, at or below 4 00 feet AGL , will ensure a level of safet y equivalent to Section 91.121. Additionally , PAUL REMDE seeks an exemption from the requirements of Section 91.151(b), entitled Fuel requirements for flight in VFR conditions

. PAULREMDE submits that safet y will not be affected b y operation of DJ I Phantom 3 Professional UAs during daylight hours in visual meteorological conditions (VMC) under visual flight rules (VFR), with enough battery

power to fl y for a total duration of approximately 13.5 minutes to the8

first point of intended landing and, assuming no rmal cruising speed, to fl y after that for at least 4.5 minutes. In accordance with 14 C.F.R. § 11.81, PAUL REMDE provides the following information in support of its petition for exemption: **A. Name And Address Of The Petitioner.** 

The name and address of the Petitioner and point of contact is:

PAULREMDE Cumulus Soaring, Inc. 8661 Connelly

Place Savage, MN 55378

- 2169 Tel: ( 952 ) 445

- 9033 Email: Paul@remde.us **B. The Spec ific Sections Of 14 C.F.R. From**  **Which PAUL REMDE**  **Seeks Exemption. 1.**  **PAUL REMDE Seeks Exemption From The Requirements Of Section**  **61.113(a) And (b).** Section 61.113, entitled Private pilot privileges and limitations: Pilot in command, subsections (a) and (b) prescribe the following, in relevant part: (a) No person who holds a private pilot certificate may act as a pilot in command (PI C) of an aircraft that is carrying passengers or propert y 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 an y business or emplo ym ent if

— (1) The flight is only

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

for compensation or hire.
**2. PAUL REMDE**  **Seeks Exemption From The Requirements Of Section**  **91.7(a).** Section 91.7, entitled Civil aircraft airworthiness , subsection (a), states the following:9 (a) No person may

operate a civil aircraft unless it is in an airworthy condition. **3. PAUL REMDE**  **Seeks Exemption From The Requirements Of Section 91.121.**  Section 91.121, entitled Altimeter settings , subsection (a), states the following, in part: (a) Each person operating an aircraft shall maintain the cruising altitude or flight level of that airc raft, as the case may be, b y 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; (ii) If there is no station within the area prescribed in paragraph (a)(1)(i) of this section, the current reported altimeter setting of an appropriate available station; or (iii) In the case of an aircraft not equipped with a radio, the elevation of the departure airport or an appropriate altimeter setting available before departure. **4. PAUL REMDE**  **Seeks Exemption From The Requirements Of Section 91.151(b).**  Section 91.151, entitled Fuel requirements for flight in VFR conditions , subsection (b), states the following: (b ) No person may begin a flight in a rotorcraft under VFR conditions unless (considering wind and forecast weather conditions) there is enough fuel to fly to the first point of intended landing and, assuming normal cruising speed, to fly after that for at least 20 minutes. **5. PAUL REMDE**  **Seeks Exemption From The Requirement Of Section 91.405(a).**  Section 91.405, entitled Maintenance required, subsection (a), states the following: Each owner or operator of an aircraft

—10 (a) Shall have that aircraft inspecte d as prescribed in subpart E of this part and shall between required inspections, except as provided in paragraph (c) of this section, have discrepancies repaired as prescribed in part 43 of this chapter[.] **6. PAUL REMDE**  **Seeks Exemption From The Requirements Of**  **Section 91.407(a)(1)**  Section 91.407, entitled Operation after maintenance, preventive maintenance, rebuilding, or alteration , subsection (a)(1), states the following: (a) No person may

operate any

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

-- (1) It has been approved for return to service b y a person authorized under § 43.7 of this chapter[.] **7. PAUL REMDE**  **Seeks Exemption From The Requirements Of Sections 91.409(a)(1) And 91.409(a**  **)(2).** Section 91.409, entitled Inspections , subsection (a), states the following: (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 ins pection in accordance with part 43 of this chapter and has been approved for return to service b y a person authorized by § 43.7 of this chapter; or (2) An inspection for the issuance of an airworthiness certificate in accordance with part 21 of this chapt er. **8. PAUL REMDE**  **Seeks Exemption From The Requirements Of Sections 91.417(a) And 91.417(b).**  Section 91.417, entitled Maintenance records , subsections (a) and (b), state the following: (a) Except for work performed in accordance with §§ 91.411 and 91.413, each registered owner or operator shall keep the following records for the periods specified in paragraph (b) of this section: (1) Records of the maintenance, preventive maintenance, a nd alteration and records of the 100

- hour, annual, progressive, and other required or approved inspections, as appropriate, for each aircraft (including the airframe) and11 each engine, propeller, rotor, and appliance of an aircraft. The records must include

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

- limited parts of each airframe, engine, propeller, rotor, and appliance. (iii) The time since last overhaul of all items installed on the aircraft which are required to be overhauled on a specified time basis. (iv) The current inspection status of the aircraft, including the time since the last inspection required 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 safet y directive number and revision date. If the AD or safety directive involves recurring action, the time and date when the next action is required. (vi) Copies of the forms pre scribed b y § 43.9(d) of this chapter for each major alteration to the airframe and currentl y installed engines, rotors, propellers, and appliances. (b) The owner or operator shall retain the following records for the periods prescribed: (1) The records s pecified in paragraph (a)(1) of this section shall be retained until the work is repeated or superseded b y other work or for 1 ye ar after the work is performed. (2) The records specified in paragraph (a)(2) of this section shall be retained and transferre d with the aircraft at the time the aircraft is sold.12 (3) A list of defects furnished to a registered owner or operator under § 43.11 of this chapter shall be retained until the defects are repaired and the aircraft is approved for return to service. **C. The Extent Of Relief**  **PAUL REMDE Seeks And The Reason**  **PAUL REMDE Seeks The Relief.**  **1. Extent Of Relief PAUL REMDE**  **Seeks And The Reason PAUL REMDE**  **Seeks Relief From Section 61.113(a) And (b).** Relief from Section 61.113(a) and (b) entitled Private pilot pri vileges and limitations: Pilot in command, is requested to the extent necessary to allow a PI C holding a private pilot or higher level certificate, as well as a current and valid airman medical certificate, and who has met certain flight

- hour and currency requirements, to conduct the proposed UAS flight operations for compensation or hire. This relief is requested since the limitations set forth in Section 61.113(a) and (b) state that a private pilot may , for compensation or hire, act as PI C of an aircraft in connection with an y business or emplo ym ent if: (1) The flight is only incidental to that business or employ

ment; and (2) The aircraft does not carry passengers or propert y for compensation or hire. As set forth more full y below, PAUL REMDE submits that an equivalent level of safet y will be maintained because no PIC will be allowed to operate the DJ I PHANTOM 3 PROFESSI ONAL UAS unless that PI C has met certain flight

- hour and currency requirements, demonstrating that the PIC is able to safel y operate the DJ I P hantom 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 distances from people, vessels, vehicles and structures.13 Further, PAUL REMDE submits that all flights of DJIPhantom 3 Professional UASs, conducted b y the PI C pursuant to the grant of this Petition: (1) will be incidental to PAULREMDE ’s business ( Cumulus Soaring, Inc ) ; and (2) will not carry passengers or propert y for compensation or hire. **2. Extent Of Relief PAUL REMDE**  **Seeks And The Reason PAUL REMDE**  **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 PAULREM DE to determine that DJIPhantom 3 Professional UASs are in airworth y condition prior to every flight by ensuring that the UAS is in compliance with the operating documents (i.e., the A erial Operations Manual, Monthly Maintenance Lo g, and DJIPhantom 3 Pro fessional In struction Manual). PAULREMDE seeks the requested relief because DJ I Phantom 3 Professional UASs do not require an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H. Therefore, PAUL REMDE will ensure that DJ I Phantom 3 Professional UAS are in airworth y condition based upon its compliance with the operating documents (i.e ., Monthly Maintenance Log, and DJ I Phantom 3 Professional Instruction Manual) prior to every flight, and further, determine that the aircraft are in con dition for safe flight, as stated in the conditions and limitations below. **3. Extent Of Relief PAUL REMDE**  **Seeks And The Reason PAUL REMDE**  **Seeks Relief From Section 91.121.** Relief from Section 91.121, entitled Altimeter settings , may be required to allow flight operations of DJ I Phantom 3 Professional UASs, which utilize a barometric pressure sensor, GPS equipment, and a radio communications telemetry data link to downlink altitude information from the UA to the PI C at the ground control station (GCS). Sin ce the FAA requires that an y altitude information concerning UAS operations be reported to air14

traffic control (ATC) in feet above ground level (AGL), PAUL REMDE seeks the requested relief because DJIPhantom 3 Professional UAs altimeter may be set on the ground to zero feet AGL, rather than the local barometric pressure or field altitude, before each flight. Considering the limited altitude of the proposed operations, relief from 14 CFR 91.121 is sought to the extent necessary to comply

with the applicabl e conditions and limitations stated below. As more full y set forth herein, an equivalent level of safety will be maintained since DJ I Phantom 3 Professional UAs are equipped with a barometric pressure sensor and GPS equipment, which automatically ensures that a ground level pressure 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 PAUL REMDE**  **Seeks And The Reason PAUL REMDE**  **Seeks Relief From Section 91.151(b).** Relief from Section 91.151(b) entitled Fuel requirements for flight in VFR conditions , is requested to the extent required to allow flights of the battery powered DJ I Phantom 3 Professional UAs during daylight hours in visual meteorological conditions (VMC), under visual flight rules (VFR), for a total duration of 13.5 minutes to the first point of intended landing and, assuming normal cruising speed, to fl y after that for at least 4.5 minutes. PAULREMDE seeks the re quested relief because without an exemption from Section 91.151(b), the flight time duration of the battery powered DJ I Phantom 3 Professional UAs will severel y constrain the practicality of any aerial video or still photo flight operations that PAULREMDE proposes to conduct pursuant to this Petition. Significantl y, as set forth below, the technical specifications of DJ I Phantom 3 Professional UASs operating documents, and PAULREMDE ’s proposed operating15

limitations, ensure that PAUL REMDE will safely ope rate the battery

powered DJ I Phantom 3 Professional UAs during daylight hours in visual meteorological conditions (VMC), under visual flight rules (VFR), with enough battery power to fly

for a total duration of 13.5 minutes to the first point of intended l anding and, assuming normal cruising speed, to fl y after that for at least 4.5 minutes. **5. Extent Of Relief PAUL REMDE**  **Seeks And The Reason PAUL REMDE**  **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 appl y to aircraft with an airworthiness certificate, PAUL REMDE requests relief from these Sections because DJIPhantom 3 Professional UAS do not require airworthiness certificates. As set forth more fully below, DJ I Phantom 3 Professional UAS meet the conditions of FMRA Section 333 for operation without an airworthiness certificate. Accordingl y, PAUL REMDE will use trained technicians to perform maintenance, alterations , or pre ventive maintenance on the UAS using the methods, techniques, and practices prescribed in the UAS operating documents (i.e., Aerial Operations Manual, Monthly Maintenance Log, and DJ I Phantom 3 Professional Instruction Manual). Furthermore, PAUL RE MDE will document and maintain all maintenance records for DJ I Phantom 3 Professional UASs. **D. The Reasons Why Granting PAUL REMDE**  **’s Request Would Be In The Public**  **Interest; That Is, How It Would Benefit The Public As A Whole.** Granting the present Petit ion will further the public interest b y allowing PAUL REMDE to safel y, efficiently , and economicall y perform aerial video and photograph y of construction sites, Energy Inspections, real estate, special events , and landscape over certain areas of the United States.16 Additionally , use of DJ I Phantom 3 Professional UAS will decrease congestion of the NAS, reduce pollution, and provide significant benefits to the econom y. Notably , the benefits of PAUL REMDE ’s propos ed operation of DJ I Phantom 3 Professional UAS will be realized without implicating an y privacy issues. **1. The Public Will Benefit From Decreased Congestion Of The NAS.** DJIPhantom 3 Professional UAs are battery powered and serve as a safe, efficient,
an d economical alternative to the manned aircraft traditionally utilized to obtain aerial imagery . By

reducing the amount of manned aircraft needed to perform aerial acquisitions, an exemption allowing the use of a DJ I PHANTOM 3 PROFESSI ONAL w ould reduce the amount of manned aircraft in the NAS, reduce noise and air pollution, as well as increase the safet y of life and property in the air and on the ground. Furthermore, b y reducing the number of manned aircraft operating in the NAS, congestion around airports caused b y arriving and departing aircraft will be reduced. DJ I Phantom 3 Professional UAs do not require an airport to takeoff or land. L ikewise, a redu ction of manned aircraft conducting aerial video and photograph y missions would result in fewer aircraft that must be handled b y air traffic control during the ground, takeoff, departure, arrival, and landing phases of flight operations. **2. The Public Will Benefit From The Safety And Efficiency Of**  **DJI Phantom 3 Professional**  **UASs.** Conducting aerial acquisitions with DJ I Phantom 3 Professional UAS , instead of manned aircraft, will greatly benefit the public by drasticall y 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, DJIP hantom 3 Professional UAS produce no air pollution, and is the most viable environmentally conscious alternative to17

the cabin class, six cylinder internal combustion engine aircraft that are t yp ically utilized for aerial video and photograph y, while burnin g approximately 20

- 30 gallons per hour of leaded aviation fuel. DJ I Phantom 3 Professional UAs, while reducing the carbon footprint of aerial acquisitions, also eliminates noise pollution, as the UAs are propelled by battery powered electric motors, rather than an internal combustion engine. By using DJ I Phantom 3 Professional UAS to perform aerial acquisitions, the substantial risk to life and propert y in the air and on the ground, which is usually associated with traditional manned aircraft flight operat ions, will be substantially reduced or completel y eliminated. Aside from the lack of flight crew members located onboard the aircraft, DJ I Phantom 3 Professional UAs ( DJ I Phantom 3 Professional weighing approximately

3 5.5 ounces at its maximum gross weight with DJ I PHANTOM 3 PROFESSI ONAL lengths of 18.3 inches and a width of 18.3 inches and w ith no fuel on board), has less ph ys ical potential for collateral damage to life and property on the ground, and in the air, compared to the manned aircraft that ty pica lly conduct similar operations (weighing approximately 6,000 pounds with a wingspan of approximately 42 feet, a length of 34 feet, and a fuel capacity of 180 gallons). **3. Performing Aerial Video and Photography Operations With**  **DJI Phantom 3 Professional**  **UAS Will Benefit The Economy.**  In addition to being safe and efficient, DJ I Phantom 3 Professional UAS are also an economical alternative to using manned aircraft to conduct similar aerial operations. As such, operation of DJ I Phantom 3 Professional UAS will allow United States based companies, like PAUL REMDE , to remain competit ive 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.18

owned and operated companies must adopt new and alternative technology in order to remain competitive. Operating the battery powered DJIPhantom 3 Professional UAS is one such technology

that not only

allows companies greater operational flexibility compared to manned aircraft, but provides such flexibility without the high operational cost of a traditional manned aircraft. By operating DJ I Phantom 3 Professional UAS , companies such as PAUL REMDE , can remain competitive and pr ofitable, and therefore, provide greater job stability to employees and contractors, which will ultimately contribute to growth of the U.S.
econom y. Improved financial performance of U.S. companies, through commercial use of DJIPhantom 3 Professional UAS , provides a stable workforce that increases consumer spending; improves local, state, and federal tax revenues; and allows companies to invest in research and development in order to remain competitive both in the United States and abroad. **4. There Are No Privacy Issues.**  Similar to the manned aerial acquisition flight operations that have been conducted for decades, PAUL REMDE ’s proposed operation of DJIPhantom 3 Professional UASs will not implicate any

privacy issues. Specificall y, DJ I Phantom 3 Profess ional UAS will be operated onl y in compliance with operating documents (i.e., the Aerial Operations Manual, Monthly Maintenance Log, and DJ I Phantom 3 Professional Instruction Manual) which requires propert y owner involvement as well as local law enforceme nt notification, and in accordance with the Federal Aviation Regulations, including the minimum altitude requirements of 14 C.F.R. § 91.119.19

**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**  **PAUL REMDE Seeks Exemption.**  **1. Reasons Why DJI Phantom 3 Professional**  **UAs Meet the Conditions o**  **f t**  **he 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, PAUL REMDE ’s operation of DJIPhantom 3 Professional UAS meet the conditions of FMRA Section 333, and will not require an airwo rthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H. Section 333 provides authority for a UAS to operate without airworthiness certification and sets forth requirements for considering whether a UAS will create a hazard to users of the NA S or the public, or otherwise pose a threat to national security. Specificall y, FMRA Section 333 states the following, in part: (a ) In General.

--Notwithstanding any other requirement of this subtitle, and not later than 180 days after the date of enactment of this Act, the Secretary of Transportation shall determine if certain unmanned aircraft systems may operate safely in the national airspace system before completion of the plan and rulemaking required by section 332 of this Act or the guidance required by section 334 of this Act. (b ) Assessment of Unmanned Aircraft Systems.

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

-- (1 ) which types of unmanned aircraft systems, if any, as a result of their size, weight, speed, operational capability, proximity to airports and populated areas, and operation within visual line of sight do not create a hazard to users of the national airspace system or the public or pose a threat to national security; and (2 ) whether a certificate of waiver, certificate of authorization, or airworthiness certification under section 44704 of title 49, United States Code, is required for the operation of unmanned 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 the20 na tional airspace system, the Secretary shall establish requirements for the safe operation of such aircraft systems in the national airspace system. In seeking this exemption, PAULREMDE submits that DJIPhantom 3 Professional UAS can operate safel y in th e NAS pursuant to FMRA Section 333, as demonstrated b y: (a) the characteristics of DJ I Phantom 3 Professional UAS ; (b) the pilot certification requirement; and (c) the specific operating limitations.

**a. The Specifications Of DJI Phantom 3 Professional**  **UAS Demonstrate Its**  **Safe Characteristics.** DJIPhantom 3 Professional UAS do not create a hazard to users of the NAS or the public, or otherwise pose a threat to national security considering its size, weight, speed, and operational capability

.

**i. Technical Specifications Of**  **DJI Phantom 3 Professional UAS**  **.** The technical specifications of DJ I Phantom 3 Professional UAS are set forth by DJIPhantom 3 Professional Specifications and Data Sheet, attached hereto as Exhibit A

.

**ii. DJI Phantom 3 Professional**  **UAS Autonomous Flight And**  **Navigation Modes Enable The UASs To Remain Within A Defined Operational Area.**  DJIPhantom 3 Professional UAS may be operated in both manual and fully autonomous flight modes . A complete description of the flight and navigational mo des of DJIPhantom 3 Professional UAS is provided at page 8 of the DJ I PHANTOM 3 PROFESSI ONAL User Manuals

.

**iii. DJI Phantom 3 Professional**  **UAS Are Designed For Automatic**  **Return To Home Point Or Hover In The Event Of Loss Of The Control Link Or Navigation.**  When the Control L ink is lost, DJIPhantom 3 Professional UAs will remain stationary , in flight, for 3 seconds or more. If, after 3 seconds, DJ I Phantom 3 Professional UAs do not reacquire control link data from the GCS, the UAs will assume that the Control21

Link is lost and the UAs will return to the home position (i.e., failsafe mode) via GPS, and will descend to the takeoff position and shut down. A complete description of the Failsafe Functions of the DJ I PHANTOM 3 PROFESSI ONAL UAS are set forth at pages 27 through 29 Professional User Manuals.

**iv. DJI Phantom 3 Professional**  **GCS And Its Operation.** A complete description of the operation and specifications of DJ I Phantom 3 Professional GCS and flight control software is provided at pages 1 through 18 of the DJ I PHANTOM 3 PROFESSIONAL User Manual

.

**b. Flight Operations Of DJI Phantom 3 Professional,**  **DJI Inspire 1 and DJI Inspire 1 Pro**  **UASs Are Limited To The Line Of Sight Of A Certificated Pilot in Command With A Safety Observer.**  PAULREMDE will onl y utilize certificated pilots who possess a current and valid airman medical certificate to act as a p ilot in command (PI C) of DJ I Phantom 3 Professional UAS. Additionally , a safet y observer will assist all pilots during flight time.

**c. Flights Of DJI Phantom 3 Professional, DJI Inspire 1 and DJI Inspire 1**  **Pro UASs Will Be Conducted Pursuant To Specific O**  **perating Limitations.**  In seeking this exemption, PAULREMDE proposes to commerciall y operate DJ I Phantom 3 Professional UAS for the special purpose of conducting aerial video and photograph y over certain areas of United States, pursuant to the following specific operating limitations: 1. Operations authorized by this grant of exemption will be limited to the following aircraft described in the operating documents, rotorcraft UASs weighing less than 55 pounds maximum gros s weight: DJ I Phantom 3 Professional UAS. Proposed operations of any other aircraft will require a new petition or a petition to amend this grant. 2. UAS operations under this exemption will be limited to conducting operations for the purpose of aerial video and photograph y.22 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 4 00 feet above ground level (AGL), as indicated by the procedures specified in the operating docum ents unless a special request is made and approved b y ATC. All altitudes reported to ATC must be in feet AGL. 5. The UAs must be operated within visual line of sight (VLOS) of the PI C at all times. This requires the PIC to be able to use human vision una ided by an y device other than corrective lenses, as specified on the PI C’s FAA

- issued airman medical certificate. 6 . The SO must not perform any other duties beyond assisting the PI C with seeing and avoiding other air traffic and other ground based obsta cles/obstructions and is not permitted to operate the camera or other instruments. 7 . The operating documents and the grant of exemption must be accessible during UAS operations and made available to the Administrator upon request. If a discrepancy

exist s between the conditions and limitations contained in the grant of exemption and the procedures outlined in the operating documents, the conditions and limitations contained in the grant of exemption take precedence and must be followed. Otherwise, the ope rator must follow the procedures as outlined in its operating documents. The operator may update or revise its operating documents. It is the operator’s responsibility to track such revisions and present updated and revised documents to the Administrator u pon request. The operator must also present updated and revised documents if it petitions for extension or amendment to the grant of exemption. If the operator determines that any update or revision would affect the basis upon which the FAA granted the exe mption, then the operator must petition for amendment to its grant of exemption. The FAA’s UAS Integration Office (AFS

- 80) may be contacted if questions arise regarding updates or revisions to the operating documents. 8 . Prior to each flight the PI C must inspect the UAS to ensure that it is in a condition for safe flight. If the inspection reveals a condition that affects the safe operation of the UAS, the aircraft is prohibited from operating until the necessary maintenance has been performed and the UAS is found to be in a condition for safe flight. The Ground Control Station must be included in the preflight inspection. All maintenance and alterations must be properl y documented in the aircraft records. 9 . Any UAS that has undergone maintenance or alt erations that affect the UAS operation or flight characteristics, e.g. replacement of a flight critical component, must undergo a functional test flight. The PI C who conducts the functional test flight must make an entry in the aircraft records. 1 0 . The pre - flight inspection must account for all potential discrepancies, e.g. inoperable components, items, or equipment, not already covered in the relevant sections of the operating documents.23 1 1 . The operator must follow the UAS manufacturer’s aircraft/com ponent, maintenance, overhaul, replacement, inspection, and life limit requirements. 12 . The operator must carry out its maintenance, inspections, and record keeping requirements, in accordance with the operating documents. Maintenance, inspection, alter ations, 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. 13 . Each UASs operated under this exemption must comply with all manufacturer Safety Bulletins. 14 . The authorized person must make an entry in the aircraft record of the corrective action taken against discrepancies discovered between inspections. 15 . T he PI C must possess at least a private pilot certificate and at least a current third

- class medical certificate. 16 . The operator may

not permit any

PIC to operate unless the PI C meets the operator’s qualification criteria and demonstrates the ability t o safel y operate the UAS in a manner consistent with how the UAS will be operated under the exemption, including evasive and emergency maneuvers and maintaining appropriate distances from persons, vessels, vehicles and structures. PIC qualification flight hours must be logged in a manner consistent with 14 C.F.R. § 61.51(b). Flights for the purposes of training the operator’s PICs are permitted under the terms of the exemption. However, training operations may only be conducted during dedicated training ses sions. During training, proficiency , and experience

- building flights, all persons not essential for flight operations are considered nonparticipants, and the PI C must operate the UA with appropriate distance from nonparticipants in accordance with 14 C.F.R . § 91.119. 17 . 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. 18 . The UA may

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

- published aeronautical chart unless a letter of a greement 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.24 1 9 . 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 from the PI C. 20 . If the UA loses communications or loses its GPS signal, it must return to a pre

determined location within the planned operating area and land or be recovered in accordance with the operating documents. 21 . The PI C must abort the flight in the event of unpredicted obstacles or emergencies in accordance with the operating documents. 22 . The PI C is prohibited from beginning a flight unless (considering wind and forecast weather conditions) there is enough power to fly at normal cruising speed to the intended landing point and land the UA with 25% battery power remaining. 23 . The o perator must obtain an Air Traffic Organization (ATO) issued Certificate of Waiver or Authorization (COA) prior to conducting an y operations under the grant of exemption. This COA will also require the operator to request a Notice to Airman (NOTAM) not mor e than 72 hours in advance, but not less than 48 hours prior to the operation. All operations shall be conducted in accordance with airspace requirements in the ATO issued COA including class of airspace, altitude level and potential transponder requirements. 24 . All aircraft operated in accordance with the exemption must be identified by serial number, registered in accordance with 14 C.F.R. part 47, and have identification (N

- Number) markings in accordance with 14 C.F.R. part 45, Subpart C. Markings mu st be as large as practicable. 25 . Before conducting operations, the radio frequency spectrum used for operation and control of the UA must comply with the Federal Communications Commission (FCC) or other appropriate government oversight agency requireme nts. 2 6 . The documents required fewer than 14 C.F.R. 91.9 and 91.203 must be available to the PIC at the Ground Control Station of the UAS an y time the UAS is operating. These documents must be made available to the Administrator or an y law enforcement o fficial upon request. 27 . The UA must remain clear and yi eld the right of way to all manned aviation operations and activities at all times. 28 . The UAS may

not be operated b y the PIC from any moving device or vehicle. 29 . Flight operations must be conducted at least 500 feet from all nonparticipating persons (persons other than the PI C, SO, operator trainees or essential persons), vessels, vehicles, and structures unless:25 a. Barriers or structures are present that suffi ciently protect nonparticipating persons from the UA and/or debris in the event of an accident. The operator must ensure that nonparticipating persons remain under such protection. If a situation arises where nonparticipating persons leave such 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, vehicles or structures has granted permission and the PI C has made a safet y assessment of the risk of operating closer to those objects and determined that it does not present an undue hazard, and; c. Operations nearer to the PI C, SO, operator trainees or essential persons do not present an undue hazard to those p ersons per § 91.119(a). 3 0 . 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. 31 . 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 Offic e (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 The Requirements Of Section 61.113(a)**  **And (b) Would Not Adversely Affect Safety.** PAULREMDE 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 DJ I Phantom 3 Professional UAS unless that PI C has demonstrated, by meeting minimum flight

- hour and currency

requirements, that the PIC is able to safel y operate the DJ I PHANTOM 3 PROFESSIONAL UAS in a manner consistent with the exemption, including evasiv e and emergency maneuvers and maintaining appropriate distances from people, vessels, vehicles and structures. Considering PAUL REMDE ’s proposed area of operations, and the operating limitations set forth

- above; the parallel nature of private pilot aeronautical knowledge26

requirements to those of commercial pilot requirements ( See Exemption No. 11062); and the airmanship skills necessary to safel y operate the DJ I PHANTOM 3 PROFESSIONAL UAS, PAULREMDE submits that the additional manned airmanship experience of a commerciall y certificated pilot would not correlate to the airmanship skills necessary for PAULREMDE ’s specific proposed flight operations. The FAA has previously

granted relief from Section 61.113(a) and (b) specific to UAS, in circumstances simil ar, in all material respects, to those presented herein (e.g. Exemption Nos. 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110, 11112, 11136, 11138, 11150, 11153, 11156, 11158, 11159, 11160, 11161). PAULREMDE will not allow any PI C to operate the DJ I PHANTOM 3 PROFESSI ONAL UAS unless that PI C has demonstrated, by meeting minimum flight

hour requirements or the training and currency requirements, that the PI C is able to safel y operate the DJ I PHANTOM 3 PROFESSI ONAL UAS in a manner consistent wi th this exemption, including evasive and emergency maneuvers and maintaining appropriate distances from people, vessels, vehicles and structures. Specificall y, the PI C must have accumulated and logged, in a manner consistent with 14 C.F.R. § 61.51(b), 25 hours of total time as a UAS rotorcraft pilot (with a minimum of 5 hours of those hours as a UAS pilot operating the same make and model of UAS to be used for operations under the exemption). In addition to the hour requirements, the PI C must accomplish 3 takeoffs and landings in the preceding 90 day s (for currency purposes). As in Exemption Nos. 11062, 11138, and 11153, prior documented flight experience that was obtained in compliance with applicable regulations will ensure an27

equivalent level of safet y during PAUL REMDE ’s proposed operations. The Administrator has held that prior documented flight experience that was obtained in compliance with applicable regulations would ensure safe operations, stating as follows: In Exemption No. 11062, the FAA required that prior to conducting operations for the purpose of motion picture filming (or similar operations), the 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 pilot with a multi

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

- rotor time and the 10 hours may be included in the total 25 hours of UAS rotorcraft time. In addition to the hour requirements, the PI C must accomplish 3 takeoffs and landings in the preceding 90 day s (for currency purposes). The FAA finds that at a minimum, the flight

- ho ur 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. Training, proficiency , and experience

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

- b uilding flights the PI C is required to operate the UA with appropriate distances in accordance with 14 C.F.R 91.119. Accordingl y, PAUL REMDE will ensure safe operations b y not allowing any PIC to operate the DJ I Ph antom 3 Pro UAS unless that PIC has demo nstrated, b y meeting minimum flight

- hour and currency requirements, that the PI C is able to safely operate the DJIP hantom 3 Pro 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 Requirements Of Section 91.7(a) Would Not Adversely Affect Safety.**  The equivalent level of safet y established b y Section 91.7(a) will be maintained because prior to every flight, PAUL REMDE will ensure that the DJ I P hantom 3 Pro, DJI28

Inspire 1 or the DJ I Inspire 1 Pro UAS is in an airworthy condition based upon the UAS’s compliance with its operating documents and as stated in the conditions and limitations herein. Addit ionally , the FAA has previously granted relief from Section 91.7(a) specific to UAS, in circumstances similar, in all material respects, to those presented herein (e.g. Exemption Nos. 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110, 11112, 11 136, 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 safet y established b y Section 91.121 will be maintained because the altitude information of DJ I Phantom 3 Professional UAs will be provided to the PI C via GPS equipment and a radio communications telemetry data link, which downlinks from the UA to the GCS for active monitoring of the flight path and altitude. This altitude information, combined with PAULREMDE ’s operation of DJIPhantom 3 Professional UAs within vis ual line of sight, at or below 4 00 feet AGL, will ensure a level of s afet y equivalent to Section 91.121. The altitude information will be generated b y GPS equipment installed onboard the aircraft. Prior to each flight, a zero altitude initiation point is automatically

established by

the UASs at ground level. The FAA has pr eviously

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.** 29 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 DJIPhantom 3 Professional UAS ; (2) the limitations on the proposed flight operations; and (3) the location of the proposed flight operations. Accordingl y, PAUL REMDE will ensure that it will safely

ope rate the battery

powered DJ I Phantom 3 Professional UA S during daylight hours in VFR conditions, with enough battery power to fl y for a total duration of 13.5 minutes to the first point of intended landing and, assuming normal cruising speed, to fl y after that for at least 4.5 minutes. Here, the technical specifications of DJ I 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, safet y will be ensured as DJ I Phantom 3 Professional UAS pr ovide audible and visual warnings to the PI C at the GCS when the UAS experiences low battery voltage, the first warning occurring at approximately 33% remaining battery

power, and again at approximately

10% remaining battery

power. At the criticall y low battery level, the DJ I Phantom Professional UAS will descend and land automatically

. Significantl y, previous exemptions granted b y the FAA concerning Section 91.151 establish that safet y is not adversel y affected when the technical characteristics and operating limitations of the UAS are considered. Relief has been granted for manned aircr aft 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 specific to UAS, in circumstances similar, in all material respects, to those presented herein (e.g. Exemption Nos. 8811, 10808, 10673, 11042, 11062, 11063,30

11064, 11065, 11066, 11067, 11080, 11109, 11110, 11136, 11138, 11150, 11153, 11156, 11157, 11158, 11159, 11160, 11161). **6. Reasons Why An Exemption From The Requiremen ts 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, PAULREMDE submits that the equivalent level of safet y with regard to the regulatory maintenance and alterati on 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 PAUL REMDE will use trained technicians to perform maintenance, alterations, or pre ventive maintenance on the UAS using the meth ods, techniques, and practices prescribed in the operating documents (i.e., the Aerial Operations Manual, Monthly Maintenance Lo g, and DJIPhantom 3 Professional In struction Manual). Furthermore, PAULREMDE will document and maintain all maintenance record s for the DJ I P hantom 3 Pro UASs. Since DJ I Phantom 3 Professional UAS will be inspected as prescribed b y the operating documents, PAULREMDE will maintain the equivalent level of safety established by

Sections 91.405(a), 91.409(a)(1), and 91.409(a)(2). A cop y of DJ I Phantom 3 Professional UAS Maintenance L og is attached hereto as Exhibit B

. Likewise, the exemption sought will not adversel y affect safety because PAUL REMDE will use trained technicians to perform maintenance, alterations 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 DJ I31

Phantom 3 Professional UAS will be performed by trained technicians. Maintenance will be documented and maintained utilizing the monthly maintenance log. Significantl y, previous exemptions granted b y the FAA concerning Sections 91.405(a), 9 1.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b) establish that safety is not adversel y affected when the technical characteristics and operating limitations of the UAS are considered. In consideration of PAUL REMDE ’s proposed operating limitations , the operating documents, and the technical aspects of DJ I Phantom 3 Professional UAS , PAULREMDE 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 previousl y granted relief specific to UAS in circumstances similar, in al l material respects, to those presented herein (e.g. Exemption Nos. 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110, 11112, 11136, 11138, 11150, 11153, 11156, 11157, 11158, 11159, 11160, 11161). **7. The FAA May 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 Special Conditions , PAULREMDE requests that the FAA prescribe special conditions for the intended operation of DJ I Ph antom 3 Professional UAS , which contain such safety standards that the Administrator finds necessary to establish a level of safet y equivalent to that established by 14 C.F.R. Part 21, Subpart H, and 14 C.F.R §§ 61.113(a) & (b), 91.7 (a), 91.121, 91.151(b) , 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b). Such special conditions will permit safe operation of the UAs for the limited purpose of conducting aerial video and32

photograph y 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 otherwise pose a threat to national security ; and further, provides the authority for such UAS to operate without airworthiness certification in accordance with an y 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 DJIPhant om 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 fol lowing: If the FAA finds that the airworthiness regulations of this subchapter do not contain adequate or appropriate safet y standards for an aircraft, aircraft engine, or propeller because of a novel or unusual design feature of the aircraft, aircraft en gine or propeller, he prescribes special conditions and amendments thereto for the product. The special conditions are issued in accordance with Part 11 of this chapter and contain such 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 L eading Edge’ s intended operation of DJIPhantom 3 Professional UAS, which contain such safety standards that the Administrator finds necessary to establish a level of safet y equivalent to that established by 14 C.F.R. Part 21, Subpart H, and 14 C.F.R Sections 61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b). **F. A Summary That Can Be Published In The**  **Federal Register, stating: The Rules**  **From Which PAUL REMDE**  **Seeks Exemption:**33 PAUL REMDE 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 PAUL REMDE**  **Seeks:** This exempt ion will permit PAUL REMDE to commercially operate an Unmanned Aircraft System (UAS) for the purpose of conducting aerial video and photography over certain areas of the United States. **G. Any Additional Information, Views, Or Arguments Available To Support**  **PAUL REMDE**  **’s Request.**  This Petition is made pursuant to the FAA Modernization and Reform Act of 2012 (FMRA) Section 333, which directs the Secretary of Transportation to determine if certain UAS may operate safely

in the NAS. As such, PAULREMDE ’s request for exemption may be granted pursuant to the authority of FMRA Section 333 and 14 C.F.R. Part 11, as set forth above. FMRA Section 333 sets forth the requirements for considering whether a UAS will create a hazard to users of the NAS or the pub lic, or otherwise pose a threat to national securit y; and further, provides the authority for such UAS to operate without airworthiness certification. As discussed in detail above, PAUL REMDE will operate DJ I Phantom 3 Professional UAS safel y in the NAS, without creating a hazard to users of the NAS, or the public, or otherwise pose a threat to national security

.

**CONCLUSION** As set forth herein, PAUL REMDE 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 DJ I Phantom 3 Professional UAS commercially, without an airworthiness certificate,34

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 Modernization and Reform Act of 2012, while also advancing the interests of the public, by allowing PAUL REMDE to safely, efficiently, and economically operate DJ I Phantom 3 Professional UAS commercially within the NAS. WHEREFORE , in accordance with the Federal Aviation Regulations and the FAA Modernization and Reform Act of 2012, Section 333, PAUL REMDE 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 PAUL REMDE to operate DJIPhantom 3 Professional UAS commercially for the purpose of conducting aerial video and photography over certain areas of the United States.

Date d: December 20 , 2015 Respectfully submitted, PAUL REMDE Cumulus Soaring, Inc 8661 Connelly

Place Savage, MN 55378

- 2169 Tel: (952) 4 4 5
- 9033 Email: Paul@remde.us35

Appendic es : A

– DJ I PHANTOM 3 PROFESSI ONAL Specifications Data Sheet B
- Monthl y Maintenance L og36 APPENDIX

– A **DJI PHANTOM 3 PROFESSIONAL SPECIFICATIONS**  PAULREMDE onl y util izes safe and reliable UAS

. DJIPhantom 3 Pro is an industry lea der in small UAS production. DJIPhantom 3 Pro UAS are loaded with ground breaking software enabling the user to set parameters which will not allow flight into controlled airspace. Parameters can also be set to limit flight to no higher than a predetermined and set altitude as well as limit flight to a p redetermined an d set distance. In addition, DJI software provides real

- time altitude and location information to the PI C via the linked monitor (smart phone/tablet devices)

. Aircraft Supported Battery

– 3000mAh 3S 11.1V 20C Li
- Po Battery Weight (Battery

& Propellers Included)

– 35.5 oz (1280 g) Hover Accuracy

(Ready to Fly)

– Vertical: .5m; Horizontal: 1 .5m Max Yaw Angular Velocity

- 200 0 /s Max Tilt Angel

- 35 0 Max Ascent Speed

– 5m/s Max Descent Speed

– 3m/s Max Flight Speed

– 16m/ s (NOT RECOMMENDED), no wind Camera Video Resolution: Up to 4K @ 30 fps Photo Resolution: 12 Megapixal Video Format: MP4 or MOV Photo Format: Adobe DNG RAW and JPEG Features: Adjustable White Balance, ISO, Exposure, Shutter Speed and color filters Gimbal Controllable range: Pitch

- 90 to +30 degrees37 A PPENDIX

– B DJI Phantom Professional 3 Maintenance Log

m o n t h :

__

___ __ __ ( y e a r :

__ ___ __ _ **U A**  **S $**  **# :**  **$**

**_ _** **_ _** **_ _** **_ _**  **_ _** **_** D a t e ( I s s u e ( D i s c o v e r e d D a t e ( I s s u e (

A d d r e s s e d S o ft w a r e ( U p d a t e s
A i r f r a m e (
E n g i n e s
P r o p e l l e r s
C a m e r a (G i m b a l
L a n d i n g ( G e a r
V i b r a t i o n ( D a m p e n i n g
O t h e r : **M O**  **N T**  **H L**  **Y $**  **M A**  **I N**  **T E**  **N A**  **N C**  **E $** 

**L O**  **G**

I s s u e ( D e s c r i p t i o n (

& ( M a i n t e n a n c e ( C o n d u c t e d M a i n t e n a n c e ( P e r f o r m e d ( B y : ( ( ( P r i n t ( & ( S i g n