1 of 20

1 Applicant submits that this provision places a duty on the Administrator to not only process applications for exemptions under Section 333, but for the Administrator, if he deems the conditions proposed herein require modification in order to allow approval, to supply conditions for the safe operation of the UAS . Carl Scott welcomes the opportunity to consult with FAA staff in order to address any issues or concerns that this proposal may raise that they believe may require modification. November 18, 2015 U.S. Department of Transportation, Docket Operations West Building Ground Floor, Room W 12

- 140 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, Carl Scott seeks an exemption from the Federal Aviation Regulations (“FARs”) listed below and discussed in Appendix A. Details of Carl Scott and the DJ I Phantom 3 are described in Appendix B. Attached as Appendix C is a summary of this request. The requested exemption would permit Carl Scott to engage in the commercial operation of Carl Scott ’s DJIPhantom 3 (see detail s in Appendix B), which weighs 2.8 lbs. with imaging payload, to perform real estate photograph y and videograph y , aerial survey s, mapping, and inspections th at consist of still photographs and video taken by onboard sensors. The DJ I Phantom 3 produces high quality imagery and data that can be used to provide photos or video of the surveyed area. Applications for these UAS ’ s includ e inspection of sensitive infrastructure including oil and gas pipelines and wells , power lines and towers, wind turbines, and surveying tasks such as precision agriculture, transportation, real estate development, and forestry . Use of the DJ I Phantom 3 f or these inspection and surveying applications reduces the need to operate conventional aircraft, providing data more quickly , accuratel y, economically , safel y, and with reduced environmental impact. Operations under the exemption will be subject to stric t operating requirements and conditions to ensure at least an equivalent level of safety to currentl y authorized operations using manned aircraft and under conditions as may

be modified by

the FAA as required by

Section 333. As described more fully below, the requested exemption would authorize Carl Scott to perform market research and commercial operations of aerial inspections , photographic documentation, and survey s using the DJ I Phantom 3 , which at 2.8 lbs. , is small in size and powered electricall y b y battery . The DJI Phantom 3 will be operated under controlled conditions at low altitude in airspace that is limited in scope, as described more full y herein . It will have automated control features, as described below. The DJ I Phantom 3 is designed to be operated by one person. The operator is responsible for flying the UAS , monitoring itsstatus and flight dynamics while maintaining visual line of sight, and keeping the flight within the specified

factory limits (in terms of wind, flight range, battery life, etc

. ) to ensure safe operation of the UAS itself , while simultaneously monitoring the airspace for other aircraft before and during flight , as necessary to ensure safe separation/de-confliction w ith these aircraft and hazards. The operator also will be an individual who holds an FAA private pilot certificate. Finally , the airspace in which the DJ I Phantom 3 will operate will be disclosed to and approved, as needed, b y the FAA in advance. Carl Scott respectfull y submits that because this small, unmanned aerial system

– the DJ I Phantom 3

– will be used in lieu of comparatively hazardous operations now conducted with fixed wing and rotary conventional aircraft, the FAA can have confidence that the operations will achieve at least an equivalent level or greater level of safety. Approval of this exemption would thereby enhance safety

and fulfill the Secretary of Transportation’s (the FAA Administrator’s) responsibilities under Section 333(c) of the Reform Act to “establish requirements for the safe operation of such aircraft sy stems in the national airspace sy stem.” The name and address of the applicant are: Carl Scott Ph one : 281

- 320

- 8190 Email: cdscott@swbell.net A ddress: 16423 Dover Mills Dr. Spring, TX 77379

- 3360 The regulations from which the exemption is requested are as follows: 14 C.F.R. Part 21 ; 14 C.F.R. 45.23(b) ; 14 C.F.R. 61.113(a) & (b) ; 14 C.F.R. 61.133(a) ; 14 C.F.R. 91.7(a) ; 14 C.F.R. 91.9(b)(2) & (c) ; 14 C.F.R. 91.103 ; 14 C.F.R. 9 1.109(a) ; 14 C.F.R. 91.119 ; 14 C.F.R. 91.151(a) ; 14 C.F.R. 91.203(a) & (b) ; 14 C.F.R. 91.405(a) ; 14 C.F.R. 91.407(a)(1) ; 14 C.F.R. 91.409(a)(2) ; 14 C.F.R. 91.417(a). Appendix A discusses each rule listed above and explains why exemptions pursuant to the proposal set forth in this letter are appropriate, provide an equivalent level of safety, and are in the public interest.3 of 20 **THE APPLICABLE LEGAL STANDARD UNDER SECTION 333** Carl Scott submits that grant of this exemption application for use of the DJI Phantom 3 in real estate photograph y and videography, aerial survey s, mapping, and inspections operations will advance the Congressional mandate in Section 333 of the Reform Act to accelerate the introduction of UASe s into the national airspace s ys tem (“NAS”) , if it can be accomplished safel y. This law directs the Secretary of Transportation to consider whether certain UAS s may operate safel y in the NAS before completion of the rulemaking required under Section 332 of the Reform Act. In making this determination, the Secretary is required to determine which types of UAS s do not create a hazard to users of the NAS or the public or pose a threat to national security in light o f the following:

● The UAS ’s size, weight, speed, and operational capability ; ● Operation of the UAS in close proximity to airports and populated areas ; and ● Operation of the UAS within visual line of sight of the operator. Reform Act § 333(a)( 1). If the Secretary determines that such vehicles “may operate safel y in the national airspace s ys tem, the Secretary shall establish requirements for the safe operation of such aircraft in the national airspace sy stem.” Id. §333(c) (emphasis added). 1 The Federal Aviation Act expressly grants the FAA the authority to issue exemptions. This statutory authority , by

its terms, includes exempting civil aircraft, as the term is defined under §40101 of the Act, from the requirement that all civil aircraft must h ave a current airworthiness certificate and those regulations requiring commercial pilots to operate aircraft in commercial service: The Administrator may

grant an exemption from a requirement of a regulation prescribed under subsection (a) or (b) of this section or any of sectio ns 44702-44716 of this title if the Administrator finds the exemption is in the public interest. 49 U.S.C. §44701(f). See also 49 USC §44711(a) ; 49 USC §44704 ; 14 CFR §91.203(a)(1). The grant of the requested exemption is in the public interest based on the clear direction in Section 333 of the Reform Act, the additional authority in the Federal Aviation Act, as amended , the strong equivalent level of safety

surrounding the proposed operations, and th e significant public benefit, including enhanced safety and cost savings associated with transitioning to UAS s for aerial surveying, mapping and inspection applications. Accordingly, the applicant respectfully requests that the FAA grant the requested exemption without delay

. **Airworthiness of the DJI Phantom 3**  A critical element of the exemption application involves evidence of the airworthiness of the DJ I Phantom 3

. Carl Scott believes that it , and its model predecessors , have shown compliance through a history of granted flight operations and successful flights. The list of granted applicants includes , among others : Mr. Kyle Goldstein, The 111 th Group, Inc., Vid Flight, L andbros Aerial Photography , SquareBox Media, UMD Aerials, LLC, Cools Entertainment , LLC, Landmark Survey s, LLC, and Bird’s Eye Photography , LLC. The criteria set forth in the Order specify the substantive showings of the device’s safety and fitness for operation to ensure that the FAA has sufficient basis to evaluate the aircraft’s safety. The DJ I Phantom 3 also has automated features to ensure safe takeoff, flight and landing in many conditions,further details of operation can be found in Appendix B.

**Mandatory Operating Conditions**  Grant of the exemption to Carl Scott will be subject to the following mandatory conditions, which are based upon operating conditions set forth for operation of UAS by public entities pursuant to Certificates of Authorization, with additional restrictions:

● All operations to occur in Class G airspace. ● Operations to avoid congested or populated areas, which are depicted in ye llow on VFR charts. ● Operations to be conducted over private or controlled-access property. ● Permission from land owner/controller required before commencing any flight. ● Operations to occur during Visual Flight Rules Meteorological Conditions (VMC). ● Aircraft to remain within Visual Line of Sight (VLOS). ● VLOS guaranteed with a cylinder of operation around operator of 1⁄2 nautical miles (NM). ● Cylinder walls may

be expanded by observer with ability to control aircraft. ● Operations to occur during daylight hours. ● Above Ground Level (AGL) altitude to be restricted to 400 feet. ● All operations conducted in vicinity of airport to remain more than 2.5 NM from centerline azimuth of runway

c enterline measured from runway thresholds. ● All required permissions and permits will be obtained from territorial, state, county or city jurisdictions, including local law enforcement, fire, or o ther appropriate governmental agencies. **Operator Req**  **uirements** Carl Scott respectfull y proposes that operator requirements should take into account the characteristics of the particular UAS

. Certain UASe s, such as the DJIPhantom 3 , are characterized by a high degree of pre-programmed control and various b uilt-in technical capabilities that limit the potential for operation outside of the operating conditions set forth above. The DJ I Phantom 3 ’ s UAS also provides built-in functional and safety features to assist the operator in safe and reliable operation. The DJ I Phantom 3 provides various safety features and us es a video interface for user monitoring of activity . The user sets a pre
- determined flight altitude

. Additional navigation aids including auto
- return home feature, ensuring that the unit returns to the previous launch spot upon completion of operations, as well as a failsafe feature which causes the unit to return to the launch point, should the battery level run low, or if it loses connection with the remote controller. The unit also uses GPS data to pre
- assign way points for automated guidance during flight. Additional automated safety functions and safety enhancing features of the DJIPhantom 3 include the following: ● Automated pre-flight s ys tem performance checks ● User pre-flight checklist ● Automated condition or fault detection, warnings, and pre-de fined responses to flight and s ys tem conditions.

◦ Low battery

with s ys tem and user defined safety thresholds

◦ Lost communication auto
- return home feature5 of 20

Given these safety features, Carl Scott pro poses that operators of the DJ I Phantom 3 should not be required to hold a commercial or private pilot certification. However, Carl Scott holds a private pilot certificate and intends to be the sole operator of the unit. Carl Scott notes that the FAA has found that safety factors permitted operation of UASe s by operators with these qualifications in the case of operations pursuant to public COAs when the mandatory operating conditions specified above were present. See Federal Av iation Administration, Notice N-8900.227, Unmanned Aircraft Sy stems (UAS) Operational Approval, at 20-21 (July 30, 2013). The FAA has the statutory authority to grant exemptions to the requirements for and privileges associated with the grant of airmen’s certificates. 49 USC §44701(f). In summary , applicant seeks an exemption from the FARs set forth above and in Appendix C to allow market research and commercial operations of a small unmanned vehicle in real estate photography and videograph y, aerial survey s, mapping, and inspections operations. Approval of the exemption allowing commercial operations of the DJ I Phantom 3 for real estate photograph y and videography, and inspection operations will enhance safety by reducing risk. Conventional aerial s urvey and inspection operations using manned aircraft involve very heavy aerial vehicles c arrying significant quantities of combustible fuels, and a multi-person crew in piloting and observation roles. These operations require transit to and from the location of the activity , and often take place in congested environments including proximity to phy sical obstacles and/or presence of the general public. By

contrast, the DJ I Phantom 3 weighs 2.8 lbs , including payloads , and uses a battery for power, is carried to/from the area of activity , removes the need for airborne pilots/obs ervers, and poses less risk to people and infrastructure on the ground. Additionally , no national security issue is rai sed by the grant of the requested exemptions. Given the size, load carrying capacity , speed at which it operates, and the fact that it carries no explosives or other dangerous materials, the DJ I Phantom 3 poses no thre at to national security

. The operation of the DJ I Phantom 3 for real estate photography and videograph y, and inspection operations in accordance with the strict conditions outlined above, will provide an equivalent level of safety supporting the grant of the exemptions requested herein, including exempting Carl Scott from the requirements of Part 21. The DJ I Phantom 3 ’s satisfaction of the criteria set forth in Section 333 of the Reform Act

— size, weight, speed, operating c apabilities, lack of proximity to airports and populated areas, operation within visual line of sight, and national security
– and its showing of an equivalent level of safety as it may relate to the requirement for a pilot’s license, provide more than adequate justification for the grant of the requested exemptions allowing Carl Scott commercial operation of the DJ I Phantom 3 in real estate photograph y and videography, aerial survey s, mapping, and inspections

. Very trul y yours,

Carl Scott**APPENDIX A** 

**EXEMPTION REQUEST AND EQUIVALENT LEVEL OF SAFETY SHOWINGS**

**UNDER APPLICABLE RULES SUBJECT TO EXEMPTION**  Carl Scott requests an exemption from the following regulations as well as any additional regulations that may technicall y apply to the operation of the DJIPhantom 3 : **14 C.F.R. Part 21, Subpart H: Airworthiness Certificates 14 CFR §**  **91.203(a)( 1)**  Section 91.203(a)(1) requires all civil aircraft to have a certificate of airworthiness. Part 21, Subpart H, entitled Airworthiness Certificates, establishes the procedural requirements for the issuance of airworthiness certificates as required b y FAR § 91.203(a)(1). Given the size of the aircraft ( 2.8 lbs.) and the limited operating area associated with its utilization, it is unnecessary to go through the certificate of airworthiness process under Part 21 Subpart H to achieve or exceed current safe ty levels. Such an exemption meets the requirements of an equivalent level of safety under Part 11 and Section 333 of the Reform Act. The Federal Aviation Act and Section 333 of the Reform Act both authorize the FAA to exempt aircraft from the requirement for an airworthiness certificate, upon consideration of the size, weight, speed, operational capability , and proximity to airports and populated areas of the UAS involved. In this case, an anal ys is of these criteria demonstrates that the DJ I Phantom 3 operated without an airworthiness certificate, under the conditions proposed herein, will be at least as safe, or safer, than a conventional aircraft (fixed wing or rotorcraft) with an airworthiness certificate. The DJ I Phantom 3 weighs 2.8 lbs. full y loaded. It will not carry a pilot or passenger, will not carry flammable fuel, and will operate exclusively

within an area pre-disclosed and in compliance with conditions set forth herein. Operations under this exemption will be tightly controlled and monitored b y both the operator, pursuant to the conditions set forth above, and b y local public safety requirements. Receipt of the prior permission of the land owner, the size of the aircraft, the lack of flammable fuel, and the fact that the aircraft is carrie d to the location and not flown there all establish the equivalent level of safety . The DJI Phantom 3 provides at least an equivalent, and most likely exceeds, level of safety to that of such operations being conducted with conventional aircraft that would be orders-of-magnitude larger and would be carrying passengers, cargo, and flammable fuel. The automated safety features including redundant sensor s ys tems as described in Appendix B and throughout this document highlight the de sign intentions towards saf ety and reliability

on DJIPhantom 3

. **14 C.F.R. § 45.23 & 91.9(c): Marking of the Aircraft** Regulation 45.23 provides:

(a) Each operator of an aircraft must display on that aircraft marks consisting of the Roman capital letter “N” (denoting United States regi stration) followed by the registration number of the aircraft. Each suffix letter used in the marks displayed must also be a Roman capital letter. (b) When marks include only the Roman capital letter “N” and the registration number is displayed on limited, restricted or light-sport category aircraft or experimental or7 of 20 provisionally

certificated aircraft, the operator must also display on that aircraft ne ar each entrance to the cabin, cockpit, or pilot station, in letters not less than 2 inches nor more than 6 inches high, the words “limited,” “restricted,” “light-sport,” “experimental,” or “provisional,” as applicable. Regulation 91.9(c) provides:

No person may

operate a U.S.-registered civil aircraft unless that aircraft is identified in accordance with part 45 of this chapter

. The DJ I Phantom 3 has no entrance to the cabin, cockpit, or pilot station on which the markings can be placed. Given the size of the UAS , two-inch lettering will be impossible. Of ficial marking s ys tems for small UAS have not yet been established for operations inside the NAS. The DJ I Phantom 3 is currently marked with a fixed label containing DJ I Phantom, as well as a serial number located on the exterior surface

. Carl Scott is prepared to mark the inspection sy stem with the name of the organization and location or origin and ful fill any other request b y the FAA to this topic in accordance to § 45.29(f) where the pilot, observer, and others working with the UAS will see the identification of the UAS

. The F AA has issued the following exemptions to this regulation, see Exemption Nos. 8738, 10167, 10167A and 10700. **14 C.F.R. § 61.113(a) & (b) ; 61.133(a): Private Pilot Privileges and Limitations; Pilot in**  **Command ; Commercial Pilot Privileges and Limitations.**  Section 61.113(a) & (b) limit private pilots to non-commercial operations. Unlike a conventional aircraft that carries a pilot, passengers, and cargo, the DJ I Phantom 3 , in this case , is remotely controlled with no passengers or property

of others on board. Section 61.133(a) requires an individual with a commercial pilot’s license to be pilot in command of an aircraft for compensation or hire. Carl Scott respectfully proposes that operator requirements should take into account the characteristics of the particular UAS

. The DJ I Phantom 3 has a high degree of pre-programmed control and various built-in technical capabilities that strictly

limit the potential for operation outside of the operating conditions set forth in the exemption application. The DJ I P hantom 3 has an all-digital software platform with advanced features previousl y restricted to full size unmanned aircraft. Automated features and advanced fl y-safe controls enable safe, reliable operation, as well as advanced networking capabilities and sy stem extensibility

.
● Plan your flight or fl y ad-hoc: The s ys tem can autonomously fl y a programmed flight path or fly in manual mode ● Smart batteries and charger: Flight time and battery minutes are displayed at all times. The sy stem will return home and land automatically if user-configurable limits are reached.Flight safety is a priority, no matter the operating environment or project. The DJ I Phantom 3 offers

superior safety over manned aircraft b y removing the need for people to be onboard in potentially dangerous situations. With multiple built-in safety features, the Carl Scott platform leads other UAS with respect to safety. ● Intelligent fault handling: The sy stem automatically detects potential issues - with configurable automated response behavior such as a return-home-and-land routine ● Automatic pre-flight checks: The s ys tem self-calibrates all of its sensors and performs self-tests prior to takeoff to check for errors ● Self-monitoring: Monitoring battery levels, in-flight wind speeds, and other sy stem and environmental conditions are automatically handled by

the sy stem ● Battery

communicatio n: Battery

minutes and flight time are displayed at all times. The sy stem will return home and land automatically i f user-configurable limits are reached. Additional automated safety functions and safety enhancing features of the DJIPhantom 3 include the following: ● Auto detection of lost user communication initiates an immediate landing. ● Low battery

on the DJ I Phantom 3 triggers an alarm to return home, land and replace the battery

. ● If the DJ I Phantom 3 detects a lost-link to the base station the vehicle will perform its pre-defined Non-Fatal Condition Response. The risks associated with the operation of the DJ I Phantom 3 (given its size, speed, operational capabilities, and lack of combustible fuel) are so diminished from the lev el of risk associated with private pilot operations or commercial operations contemplated by Part 61 with conventional aircraft (fixed wing or rotorcraft), that allowing operations of the UAS as set forth above meets or exceeds the present level of safety provided under 14 C.F.R. § 61.113(a) & (b) and does not rise to the level of requiring a commercial pilot to operate the aircraft under § 61.133(a). **14 C.F.R. § 91.7(a): Civil aircraft airworthiness.**  This regulation requires that no person may operate a civil aircraft unless it is in airworthy condition. Should the exemption be granted allowing commercial operation of the DJ I Phantom 3 without an airworthiness certificate, no standard will exist for ai rworthiness of the DJ I Phantom 3

. Given the size of the aircraft and the previous COAs issued for the DJIPhantom 3 and its model predecessors , an equivalent level of safety will be achieved by ensuring compliance with the UAS’s manuals prior to each flight. **14 C.F.R. § 91.9(b)(2): Civil Aircraft Flight Manual in the**  **Aircraft.** The regulation provides:

No person may

operate a U.S.-registered civil aircraft ... (2) For which an Airplane or Rotorcraft Flight Manual is not required b y §21.5 of this chapter, unless there is available in the aircraft a current approved airplane or Rotorcraft Flight Manual, approved manual material, markings, and placards, or any combination thereof. Given the size and configuration of the DJ I Phantom 3 , it has no abil ity o r place to carry

such a flight9 of 20

manual on the aircraft, not only because there is no pilot on board, but because there is no room or capacity to carry such an item on the aircraft. The equivalent level of safety will be achieved b y keeping the flight manual (see , e.g. , User Guide, Exhibit 1) at the ground control point where the pilot flying the UAS will have immediate access to it. The FAA has issued to others exemptions to this regulation

. **14 C.F.R. § 91.103: Preflight action** This regulation requires each pilot in command to take certain actions before flight to insure the safety of flight. As FAA approved rotorcraft flight manuals will not be provided for the aircraft an exemption will be needed. An equivalent level of safety will be provided as set forth in the DJ I Phantom 3 User Manual ( available upon request) under the ‘ Preparing the Aircraft” and “Flight” section s . The PI C will take all actions including reviewing weather, flight battery requirements, landing and takeoff distances and airc raft performance data before initiation of flight. **14 C.F.R. § 91.109(a) & 91.319(a)(1): Flight Instruction**  These regulations provide 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. The DJ I Phantom 3 is a remotely piloted aircraft and by

design, does not have fully functional dual controls. Flight control is accomplished through the use of a control box that communicates with the aircraft via radio communications. The flight plan is either manuall y co ntrolled through point-and-click touchscreen navigation or pre-programmed as way points into the auto pilot bef ore or during flight and only in unusual circumstances will the pilot input control functions to alter the pre-programmed flight. I f instruction is accomplished through a training program, as set forth in Exhibit 2, an equivalent level of safety will be assured. The FAA has approved exemptions for flight training without fully functional dual controls for a number of aircraft and for flight instru ction in experimental aircraft. The equivalent level of sa fety will be achieved through the use of an experienced and qualified pilot familiar with the DJ I Phantom 3

. **14 CFR § 91.119: Minimum Safe Altitudes** Section 91.119 establishes safe altitudes for operation of civil aircraft. Specifically , 91.119(c) limits aircraft fl yi ng over areas other than congested areas to an altitude of 500 feet above the surface, except over open water or sparsely populated areas. In those cases, the aircraft may not be operated closer than 500 feet to any person, vessel, vehicle, or structure. As set forth herein, the DJIPhantom 3 will never operate at higher than 400 feet AGL. Itwill, however, be operated to avoid congested or populated areas that are depicted in yell ow on VFR sectional charts. Because real estate photography and videograph y, aerial s urvey s, mapping, and inspection work must be accomplished at relatively low altitudes and at altitudes less than 500 feet AGL, an exemption from Section 91.119(c) is needed. The equi valent level of safety will be achieved given the size, weight, speed, and material with which the DJ I Phantom 3 is built. Also, no flight will be taken without the permission of the land owner orthose who control the land. Because of the advance notice to the landowner, all affected individuals

will be aware of the flights. Compared to aerial survey operations conducted with aircraft or rotorcraft weighing far more than 2.8 lbs. and carrying flammable fuel, any risk associated with these operations will be far less than those currently allowed with conventional aircraft operating at or below 500 feet AGL. Indeed, the low altitude operations of the UAS will maintain separation between these UAS operations and the operations of conventional aircraft that must comply with Section 91.119. **14 C.F.R. § 91.151(a): Fuel Requirements for Flight in VFR Conditions**  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

– (1) During the day , to fl y after that for at least 30 minutes ; or (2) At night, to fly after that for at least 45 minutes.” The DJ I Phantom 3 batteries provide approximately 2 0 minutes of powered flight. Without an exemption from § 14 CFR 9 1.151, the UAS ’s flights would be limited to approximately 20 minutes in length. Given the limitations on its proposed operations and the location of those proposed operations, a longer time frame for flight in daylight VFR conditions is not reasonable. Carl Scott believes that an exemption from 14 CFR § 91.151(a) is safe and within the scope of prior exemption s . Operating the UAS , without 30 minutes of reserve fuel does not engender the typ e of risks that Section 91.151(a) was meant to prevent given th e size and speed at which the UAS operates. The fact that it carries no pilot, passeng er, or cargo also enhances its safety. Additionally, limiting DJ I Phantom 3 flights to a minimum of 3 0 minutes would greatly reduce their utility, if such time limitati ons were within the ability

of the UAS. In the unlikely event that the DJ I Phantom 3 should run out of fuel, it would simply

land. Given its weight and construction material, the risks are less than contemplated by the current regulation. Carl Scott beli eves that an equivalent level of safety can be achieved b y m aintaining 5 minutes of reserve fuel, which, allowing 15 minutes of flight time, would be more than adequate to return the UAS to its planned landing zone from any where in its operating area. The FAA has granted similar exemptions to others. **14 C.F.R. § 91.203 (a) & (b): Carrying Civil Aircraft Certification and Registration** This regulation provides as follows:

(a) ... no person may

operate a civil aircraft unless it has ... an appropriate and current airworthiness certificate. (b) No person may

operate a civil aircraft unless the airworthiness certificate required by paragraph (a) of this section or a special flight authorizati on issued under §91.715 is displayed at the cabin or cockpit entrance so that it is legible to passengers or crew. The DJ I Phantom 3 ful ly

loaded weighs approximately 2.8 lbs. As such, there is no ability or place to carry certification and registration d ocuments or to display them on the UAS . In addition, there is no pilot on board the aircraft.11 of 20

An equivalent level of safety will be achieved by

keeping these documents at the ground control point where the pilot fl yi ng the UAS will have immediate access to them. The FAA has issued numerous e xemptions to this regulation. **14 C.F.R. § 91.405(a) ; 407(a)(1); 409(a)(2); 417(a): Maintenance**  **Inspections** Section 91.405(a) requires that an aircraft operator or owner “shall have that aircraft inspected 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 ...” Section 91.407 similarly

make s reference to requirements in Part 43 ; Section 91.409(a)(2) requires an annual inspection for the issuance of an air wo rthiness certificate. Section 91.417(a) requires the owner or operator to keep records showing certain maintenance work that has been accomplished b y certificated mechanics, under Part 43, or licensed pilots and records o f approval of the aircraft for return to service. The DJ I Phantom 3 is nearly maintenance free, it performs automatic pre- flight checks , and the failure of any check will prevent take-off. Checks which cannot be done b y the system will be performed by a quali fied person prior to each flight. Pre- fli ght checklist includes: 1. Visual inspection of the airframe 2. Visual inspections of rotor installation and integrity 3. Check charge of all batteries (Remote Controller, Inflight Intelligent Battery , mobile device ) 4. Verification that motors can start and are functioning normall y 5. The control interface (DJIGO app) is successfully connected to the aircraft An equivalent level of safety will be achieved because the UAS is small in size, will carry no external p ayload, will operate only in restricted predetermined areas and is not a complex mechanical devi c e. As provided in the attached User Guide (Sy stem M aintenance section), the operator of DJ I Phantom 3 will ensure that the UAS is in working order prior to initiating flight, and perform required maintenance. Moreover, the operator is the person most familiar with the aircraft and is best suited to maintain the aircraft in an airworthy condition and to ensure an equivalent level of safety. The DJ I Phantom 3 ’s Maintenance guidelines ensure an equivalent level of safety to the maintenance requirements in Part 91. In addition, any component failure det ectable b y the system will be reported to the control station and will cause the UAV to perform a Fatal Condition Response (FCR) or Non-Fatal Conditioned Response (NFCR), depending on the ty pe of failure.**APPENDIX B**  **SMALL UNMANNED AERIAL SYSTEM DESCRIPTION** 

**Carl Scott Overview**  : Carl Scott is a American citizen located in Spring, Texas

. Carl Scott is engaged in the real estate sales and photography industries

. Carl Scott is the holder of Private Pilot Certificate number 3751271, which was issued on April 19. 2014. **DJI Phantom 3 Overview**  : DJ I sy stems have been used by recreational and professional photographers since 2006. Today , DJ I products are redefining industries. Professionals in filmmaking, agriculture, co nservation, search and rescue, energy infrastructure, and more trust DJ I to bring new perspectives to their work and help them accomplish feats safer, faster, and with greater efficiency than ever before. All flight operations are GPS controlled making th e sy stem extremely eas y to navigate. At any

point if the operator is not explicitly commanding the s ys tem to move, the sy stem automatically holds its GPS position (i.e. GPS hold for reliable location hover). Camera positioning is also GPS controlled allowing for the most sophisticated camera targeting available. The Carl Scott DJ I Phantom 3 includes many advanced safety features that makes the DJ I Phantom 3 the safest choice for both urban and non-urban environments. Built-in intelli gent fault handling allows the DJIPhantom 3 to detect a sy stem fault while in the air, and to automatically fly back to its take-off location and land. Faults that can be detected include: loss of communication and low battery levels. In addition, the operator can create no fl y zones or maximum flight ranges and altitudes so the sy stem cannot enter areas deemed unsafe or unnecessary to fly over. And before every take-off automated flight checks ensure the sy stem is flight ready before it takes off. The Carl Scott DJ I Phantom 3 can be operated entirely by a touch-screen, map b ased interface. This means The operator onl y needs to command the s ystem where to go, and the sy stem does all the fl yi ng for the operator. **DJI Phantom 3 Operating Manual**  - System user manual available upon request. **Physical Characteristics**  **Measurements**

– Diagonal size (including propellers): 590 mm (23.6 inches) **Weight** (without payload)

– 1.28 kg ( 2.816 lbs) **Fuel**

– 4,480 mAh lithium poly mer Intelligent Flight Battery **Performance Characteristics**  ● Maximum Altitude

– 18,000 ft. (software induced operating limit 360 feet AGL) ● Maximum Endurance

– 23 minutes ● Maximum Range

– 3 .1 miles ● Minimum ceiling: 500 ft ● Minimum visibility : 1 SM ● Icing conditions

– no icing conditions13 of 20

● Precipitation

– no visible moisture **Maintenance**

– The UAS is nearl y maintenance free, it performs automatic pre-flight checks and the failure of any check will prevent take-off. Checks which cann ot be done by the sy stem will be performed by a qualified person prior to each flight. Pre-flight checklist includes:  Visual inspection of the airframe
 Visual inspections of rotor installation and integrity
 Check charge of all batteries (Remote Controller, Inflight Intelligent Battery , mobile device )  Verification that motors can start and are functioning normall y  The control interface (DJI GO app) is successfull y connected to the aircraft **Reliability**

– The sy stem is designed for maximum reliability and to maintain performance over its life. Th e only components experience routine wear are rotors, batteries, motors, and legs. Battery and motor conditions are monitored by the s ys tem wi th deviations reported to the operator. Contact with other objects during flight may cause other components, particularly rotors, and motor arms, to become damaged. Damaged components are likely to be detected during the full visual inspection of the airframe performed before each flight. The UAV s ys tem detects numerous conditions which may make fl yi ng unsafe, such as low battery charge and interruptions in communication with the remote controller

. Automatic pre-flight checks prevent the UAV from taking off if such co nditions are present, or, if the condition is detected during flight, the sy stem wil l trigger a Fat al Conditioned Response. **Fault Tolerance** - The key feature of the UAV fault tolerance is its mechanical simplicity . It uses four fixed pitched rotors, each mounted on a separate motor. No control surfaces or other actuato rs are required for the UAS to fly . Any component failure detectable b y the sy stem will be reported to the control station and will cause the UAV to perform a Fatal Condition Response (FCR) or Non-Fatal Conditioned Response (NFCR), depending on the ty pe of failure. **Command and Control Systems**  The DJ I Phantom 3 DJ I GO remote control application allows the operator simultaneous control over aircraft and payloads. The touch screen control allows for quick navigation and data entry while the display screen provides all essential flight data to the operator. **Displayed on GCS:**  ● Flight Mode ● GPS Signal Strength ● IOC Settings ● Sy stem Status ● Battery

L evel Indicator ● Remote Controller Signal ● HD Video Link Signal Strength ● Terrain Map ● Vertical Position● Flight Telemetry

● Dy namic High Point ● Initiate Return to Home Feature ● Initiate Auto Take

- off and L anding **On**

**– board computer systems** 

– The UAS is equipped on-board computer sy stems to monitor (sensors, battery , etc.), control (speeds, altitude, position, etc.), and communicate (control, telemetry , etc.). **On-board guidance and navigation equipment**

– The UAS can operate autonomously . It does not require any input from ground-based equipment, or from the pilot to hover in place. **Frequency Allocations**

–2.4 GHz 2.483 GHz **Return To Home Feature**

– to prevent a “fly away” or other potentially dangerous situation a flight Return To Home feature is available to the operator at the GCS , activated at low battery status or interruption in communication with the remote control

. **Takeoff and Landing**

– The DJ I Phantom 3 has vertical lift autonomous launch and recovery . A “Home Location” is designated by the operators and identified in the GCS software. **Navigation System**

– An internal map operates in conjunction with GPS to establish way points and assist with manual navigation of the aircraft. **Flight Recorder**

**–** Flight data is automaticall y recorded to the internal storage of the aircraft. This includes flight telemetry , aircraft status information, and other parameters. **Emergency Procedures and System Failures**  **Failure Handling**

– The UAS has extensive failure detection and handling capabilities. All failures are deeded to be either fatal or non-fatal. Failures classified as fatal result in a Fatal Condition Response (FCR), and failures classified as non- fatal result in a Non-Fatal Condition Response (NFCR). **Motor Failure** 

– The UAS flight performance will degrade significantl y if one or more motors fails. **Power Failure**

– A complete battery failure which results in power loss to the UAS will result in degraded flight performance. **Low Battery Condition**

– Operator will be alerted of a low battery condition and will return the aircraft to its initial takeoff point, and land the aircraft as soon as able. **Line-of-Sight Loss**

– All flight operations will be conducted with the UAS within visual sight of the pilot. I f the pilot’s view becomes obstructed and line-of-sight is lost, the pilot may instruct the UAS to hover in place until line-of-sight is reestablished, to return to the take-off positi on, or to land at the current position. **Security** The sy stem and communication links are encrypted by the manufacturer ’ s proprietary software.**APPENDIX C**  **SUMMARY OF CARL SCOTT**  **SECTION 333 EXEMPTION REQUEST** 

Carl Scott hereb y provides pursuant to Part 11 a summary o f its exemption application to allow commercial operation of the DJ I Phantom 3 small unmanned s ys tem in perform real estate photography and videograph y, aerial survey s, mapping, and inspections . An exempti on is requested from the following regulations: 14 C.F.R. Part 21 ; 14 C.F.R. 45.23(b) ; 14 C.F.R. 61.113(a) & (b) ; 14 C.F.R. 61.133(a) ; 14 C.F.R. 91.7(a) ; 14 C.F.R. 91.9(b)(2) & (c) ; 14 C.F.R. 91.103 ; 14 C.F.R. 91.109(a) ; 14 C.F.R. 91.119 ; 14 C.F.R. 91.151(a) ; 14 C.F.R. 91.203(a) & (b) ; 14 C.F.R. 91.405(a) ; 14 C.F.R. 91.407(a)(1) ; 14 C.F.R. 91.409(a)(2) ; 14 C.F.R. 91.417(a).