Dec. 28, 2015

Luke A. Jones LJ Aerial Photography 13041 River Grove Dr. Columbus, IN 47203 317 -490- 2128 luajones@gmail.com U.S. Department of Transportation Docket Management System 1200 New Jersey Ave. SE Washington, DC 20590 Dear Sir or Madam: In accordance with Section 333 of the FAA Modernization and Reform Act of 2012 and 14 C.F.R. Part 11, Luke A. Jones, owner and founder of LJ Aerial Photography, seeks exemption from the following specific regulations : 14CFR Part 21, Subpart H
- Airworthiness Certificates 14CFR 45.23 (b)
- Display of Marks 14CFR 61.113 (a) & (b)
- Private Pilot Privileges and Limitations; Pilot in Command 14 CFR 91.7 (a)
- Civil Aircraft Airworthiness 14 CFR 91.9 (b) (2)
- Civil Aircraft Flight Manual 14 CFR 91.103 - Preflight Action 14CFR 91.109 - Flight Instruction 14 CFR 91.119 - Minimum Safe Altitudes 14 CFR 91.121 - Altimeter Settings 14 CFR 91.151 (a)
- Fuel Requirements for Flight in VFR (Visual Flight Rule) Conditions 14 CFR 91.203(a) & (b)
- Carrying Civil Aircraft Certifica tion and Registration 14 CFR 91.405 , 91. 407 (a) (1) , 91. 409 (a) (2) , 91. 417 (a) & (b)
- Maintenance Inspections

... in order to conduct operations using Small Unmanned Aircraft Systems (“ UASs”) designed and equipped for aerial phot ography and videography. The exemption requested will permit Luke A. Jones to conduct commercial operations involving photography and videography using the DJI Phantom 3 Professional, an Unmanned Aircraft System ( UAS ) , supporting the following proposed industries and purposes : 1. Real estate 2. Construction sites 3. Special events, such as weddings, private or public parties/events 4. Landscape scenery 5. Short range inspection, such crop monitoring Approval of this exemption would thereby enhance safety and fulfill the Secretary of Transportation’s (the FAA Administrator’s) responsibilities to “establish requirements for the safe operation of such aircraft systems in the national airspace system.” , Section 333(c) of the Reform Act. Luke A. Jones seeks an exemption from said regulati ons to provide services to clients for compensation using the DJI Phantom 3 Professional, an Unmanned Aircraft System from DJI Systems. This highly sophisticated UAS has many capabilities well known at this point to the FAA due to many similar exemption requests being submitted using this system.The DJI Phantom 3 Professional that will be owned and managed by Luke A. Jones has been registered on FAA.gov.

The registration number is FA3PKH7PXC. The name, contact information and address of the applicant is: Luke A. Jones 317 -490- 2128 luajones@ gmail .com 13041 River Grove Dr. Columbus, IN 47203 How will granting this exemption be in the public interest? Granting the requested exemptions will further the public interest by al lowing Luke A. Jones to safely, efficiently, and economically perform aerial videography and photography services in these areas listed which would otherwise be cost prohibitive, and impractical to obtain otherwise. Further, using the DJI Phantom 3 Profes sional UAS will :



### - D ecrease congestion in the NAS : A sUAS will decrease congestion in the NAS by reducing the amount of manned aircraft needed to perform aerial operations listed, and thus increase the safety for those in the air and on the ground, and airport congestion as a result, and finally provide less burden on the air traffic control operations given all operations will be able to start at the location of the photography point as opposed to always starting from an airport and burdening air traffi c control operations with takeoff and landing and increased risk to the pilot and crew and public in general flying to the destination to perform the mission.



### - Reduce pollution: the DJI Phantom 3 Professional uses electric motors and is battery powered and therefore has no sources of pollution, compared to manned aircraft conducting similar operations which wi ll have a significant carbon footprint due to the significant volume of leaded aviation fuel burned and e mitted into the environment . Given the effic iency of the sUAS, it can do jobs in 15 minutes that would otherwise take an hour or more in a manned aircraft.



### - Reduce noise: Noise dB level generated by the DJI Phantom 3 Professional is far less than that of manned aircraft, and further will be isolated to the given proximity of the operation



### - P rovide a new source of business opportunities : There are significant benefit s to the economy because an unmanned UAS provides much more flexibility without the high operational costs of operating a manned traditio nal aircraft which provides Luke A. Jones and LJ Aerial Photography the opportunity to be co mpetitive and profitable in services provided , therefore allowing greater job stability to employees and contractors used in business operations, which will ultimat ely contribute to growth of the US e conomy. How will equivalent levels of safety be maintained? Luke A. Jones will ensure all operations conducted by the pilot in command have met the necessary requirements outlined by the FAA in that they must hold either an airline transport, commercial, private, recreational, or sport pilot certificate. The PIC must also hold a current FAA airman medical certificate or a valid U.S. driver's license issued by a state, the District of Columbia, Puerto Rico, a territo ry, a possession, or the Federal government. S uch operations will insure that the s UAS will not create a hazard to users of the national airspace system or the public. Given the small size of the UAS s owned by Luke A. Jones, and the restricted secure environment in which they will operate, Luke A. Jones’s s UAS operations adhere to the Reform Act’s safety requirements. Additionally, due to the size of the s UAS, permission from relevant property owner or other applicable parties, and the limited areas in whi ch they will operate, approval of this application presents no national security issues. Based on the substantial level of safety surrounding the proposed operations, and the significant public benefit (enhanced safety), reduction in environmental impacts (reduced emissions and noise), the grant of the requested exemption is in the public interest. Accordingly, Luke A. Jones, of LJ Aerial Photography respectfully requests that the FAA grant the requested exemption.Because safety to the public and property are the top priority of this new business venture, the following

Operational and Safety Guidelines will be followed:

 The DJI Phantom 3 Professional will be used for all proposed operations in this petition. A new petition will be required for any additional operations or aircraft.  The UAS will be limited to operations for the sole purpose of aerial photography and video  The UASs will operate below 400 feet above ground level and have a built in capability to restrict altitude.  The distance the s UAS flies from the ground operator and restriction of flights in class B, C, and D airspace, including no fly zones shall be included in the software and hardware features.  The s UAS has a bu ilt in failsafe to return to its point of takeoff should connection b e disabled between the control and s UAS for more than 3 seconds  The s UAS will also return to its point of takeoff should the battery leve l fall below a safe level (25%) or if it loses communications or GPS signal.  The UAS will be marked with the registrat ion number obtained by the FAA per the guidelines provided (registration number provided in this petition)  The s UAS will go into hover mode holding at a stationary point in space should the operator become incapacitated or unable to use the controls at any time during the flight, eventually safely returning to its point of takeoff and landing safely.  The UAS will not be operated by the operator from any moving device or vehicle  The s UAS will only be operated in line of sight from the operator  The approximate maximum flight time of the s UAS will be 23 minutes  The s UAS will not exceed 55 lbs. nor will it exceed a maximum speed of 45 knots . In fact, it is substantially less than this requirement at under 3 lbs.  All operations will utilize a safety observer, who will be able to communicate with the PIC at all times.  The use of first person view (FPV) on the connected smartphone or tablet for navigating the aircraft by the PIC or safety observer is not permitted, except for the sole purpose of ver ifying the person or object of interest is framed appropriately for the photo or video.  Because s afety to the public and property will be of the highest p riority when training all operators, a ll will be required to fully know and understand the regulations for flight as set forth in this petition and the FAA’s regulations.  All operators will be required to know and understand that Luke A. Jones will in no way use allow UAS s to conduct surveillance, spy, or in any way violate the expectation of privacy of an yone. All photography will be of landscape and structures in “Plain View” of the public.  The operating manuals and grant of exemption will be accessible during all UAS operations and made available to the Administrator upon request.  All operators will un dergo extensive training on software use, preflight inspection, start up, and take off, landing, safe nav igation and emergency operation  All operators will be required to provide a written description in a provided log of each flight to include detailed preflight check list of s UAS components including battery charge, weather conditions, purpose of flight, area hazards prior to take off, an d flight time.  The operator must follow the manufacturer’s aircraft maintenance, overhaul, replacement, inspection, and life limit requirements.  No s UAS will take flight with any mechanical, electrical, or software deficiency.  The s UAS will have navigation al lighting to be visible by the operator at all times to determine location and orientation.  The s UAS will at no time create a hazard to the National Airspace System or to the public.  The s UAS shall be immediately grounded and yield right of way should an y manned aircraft come within an unsafe proximity of the s UAS .  The UAS will not operate within 5 nautical miles of an airport reference point as denoted on a current FAA- published aeronautical chart unless clearance is given by the airport to do so.As known by the FAA many s UAS operators and companies are currently flying commercially without the required

exemption from the FAA. This creates a substantial burden on Luke A. Jones and this business and other businesses operating within the FAA’s regula tions and restrictions. Unless the petition presented and requested herein is granted the burden on Luke A. Jones will force the dissolution and collapse of this new business venture because the business is not willing to operate outside FAA regulations in concern for the safety of the public. Furthermore, the mass amount of companies operating outside of the FAA’s regulations are gaining a significant competitive advantage on the market through their illegal operation. The limitations provided herein enforce an equivalent or higher level of safety and privacy to operations under the current regulatory structure. The proposed operations satisfy the criteria provided in section 333 of the Reform Act relating to size, weight, operating capabilities, proximity to airports and populated areas, privacy, operation within visual line of sight, and national security. This provides adequate justification for the grant of the requested exemptions allowing commercial operation of applicant’s UAS s in the aerial photography and survey industry. Recent exemptions granted that are similar to this petition are: 14027, 12624,12622,12620,12617,12612,12605,12608. See the Appendix for more details on why such exemptions are being requested from the curre nt regulations listed in this petition. Sincerely, Luke A. Jones 317 490 2128 luajones@gmail.comAppendix

14CFR Part 21, Subpart H
- Airworthiness Certificates This regulation regarding aircraft certification requirements and procedures is designed for manned aircraft and is not suitable for off the shelf UASs . 14CFR 45.23 (b)
- Display of Marks This regulation requires aircraft to be marked in 2” to 6” lettering which is impossible beca use there is not sufficient space on the s UAS . Instead, the aircraft will be marked with the registration number provided by the FAA per the guidelines published at FAA.gov 14 CFR 61.113 (a) & (b) limiting pilots to non
-commercial operations, referring t o the pilot in command . The UAS s will not carry a pilot, a passenger, or cargo for compensation or hire. The operators training from the manufacturers manual creates a higher level of safety for the public as a Commercial Pilot’s certificate in no way prov ides specific safe operational training of a remote controlled s UAS tethered to the operator on the ground. Further, t he risks associated with the use of a s UAS are so diminished from the level of risk associated with commercial operations . 14 CFR 91.7 (a)
- Civil Aircraft Airworthiness No airworthiness certificate is available for this aircraft nor is one required in accordance with 14 CFR Part 21 Supart H . The UAS s will not be modified and will be inspected prior to any flig ht as outlined in this p etition to ensure the aircraft is in a condition for safe flight. 14 CFR 91.9 (b) (2)
- Civil Aircraft Flight Manual This regulation requires that the flight manual be available in the aircraft. Given the size and the fact that the aircraft is unmanned thi s rule cannot apply in its current language. However, as outline in this petition, the flight manual will be in the possession of the operator during any flight. 14 CFR 91.103 - Preflight Action This regulation pertains to p reflight action requirements for crew on board aircraft. While this is important to the safe flying of the s UAS it does not apply given its current language. An equivalent level of safety will be provided in the operational and safety guidelines outlined in this document, “All operators will be required to provide a written description in a provided log of each flight to include detailed preflight check list of s UAS components including battery charge, weather conditions, purpose of flight, area hazards prior to take off, and flight time.” 14CFR 91.109 - Flight Instruction This regulation requires that no person shall operate a civil aircraft for flight instruction unless the aircraft has fully functioning dual controls. UASs and Remote controlled aircraft by design do not have dual controls, to do so on a radio controlled aircraft would lower the ability to safely operate the s UAS . This section cannot reasonably apply. 14 CFR 91.119 - Minimum Safe Altitudes This regulation designates minimum safe altitudes. The UASs opera ted by Luke A. Jones will not exceed an altitude of 400 feet AGL. This is below the altitude designated in this section. Also given the size, weight, and speed of the s UAS, the line of sight rule when operating, and the overall safeguards and restrictions in flight outlined in this petition maintain a higher level of safety to the public. 14 CFR 91.121 - Altimeter Settings This regulation pertains to altimeter settings. A barometric altimeter is not provided on any s UAS . However a GPS altitude indicator is displayed to the operator at all times during flight. While an exemption to this regulation is requested a modification to meet the current technology of the UAS s would be acceptable. This altitude information combined with operation of the s UAS within visual line of site at or below 400 feet will ensure a levelof safety equivalent to Section 91.121. Also, as a failsafe, the max altitude will always be set in the aircraft control

system to ensure this altitude is not exceeded. 14 CFR 91.151 (a )
- Fuel Requirements for Flight in VFR (Visual Flight Rule) Conditions This regulation pertains to fuel requirements for flight. The maximum flight t ime under ideal conditions of the DJI Phantom 3 Professional is 23 minutes with the current manufacturers b attery pack. The proposed rule listed in the operation and safety guidelines in this petition will require the s UAS to return to its point of launch if its battery reaches less than 25% . This provides a higher standard of safety when applied to UAS s . Als o, the s UAS will be operated during daylight hours only in weather conditions where visual line of site can be maintained. 14 CFR 91.203(a) & (b)
- Carrying Civil Aircraft Certification and Registration This regulation requires that a civil aircraft certificate and registration be displayed at the cockpit entrance . This regulation cannot apply to UASs in the current language since there is no cockpit and th e size limitations prevent this from being implemented. However, the owner has registered the aircra ft with the FAA and the registration number will be made visible on the aircraft per the guidelines provided on FAA.gov. 14 CFR 91.205 - Cockpit instruments This registration refers to cockpit instruments and cannot reasonably apply to UASs in the current written language as there is no cockpit. However, the display on the ground controller (smartphone or tablet) does display vital telemetry data indicating altitude, flight speed, distance, and other important information. 14 CFR 91.215 - Transponder requirements This regulation requires a transponder and cannot reasonably apply to s UASs operated by Luke A. Jones because they will be operated below ATC radar capabilities as outlined in this exemption request. 14 CFR 91.405, 91. 407 (a) (1), 91.409 (a) (2), 91.417 (a) & (b)
- Maintenance Inspections This regulation refers to maintenance, preventive maintenance, and alterations to the s UAS . The operator will provide minor maintenance and inspection to the s UAS, documented as outlined in the operational and safety guidelines. Given the size and simplicity of the s UAS combined with the operational and safety guidelines outlined in this petition the operator can maintain or exce ed the required level of safety and provide documented evidence of the pre and post
-flight logs upon request of the Administrator.

User Manual The user manual for the DJI Phantom 3 Professional can be found at the following URL (given the many similar exemption requests, the user manua l is not attached to minimize file size and not needed per the FAA’s current instructions for Section 333 exemptions ). https://dl.djicdn.com/downloads/phantom_3/en/Phantom_3_Professional_User_Manual__V1.6.pdf