1 SUMMARY

Chill Photo & Video , LLC s eeks e xemption fr om t he r equirements o f 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), t o operat e an Unmanned Aircraft System pursuant t o Section 333 of th e FAA

Modernization and R efor m Act of 2012 (FMRA). This exemption will permit

Chill Photo & Video , LLC t o o perate a n U nmanned A ircraft S y stem ( UAS) for the commercial

purpose of conducti ng aerial vide o a nd photography for real estate , and ot he r landscape

oriente d purpos es ov er certain area s of the United States.

INTRODUCTION A ND IN TERESTS O F T HE P ETI TIONER

Chill Photo & Video , LLC provides its c lients with the high quality digital content f or u se in

thei r commercial marketing

. Chill Photo & Video , LLC has over 2 years of recreational/hobby

experi ence i n all aspect s of aerial video and photography , on 2 d ifferent U AV p latforms and 8

years reconnaissance photography experience in the U.S. Navy . The objective of Chill Photo

& Video , LLC aerial v ideo and phot ograph y operation s i s to provide hi gh quality imagi ng for a

variety of , commercial, public, and r esidentia l uses, specifically targeting :

• Real Estate Videography and Photography

• Automobile dealerships

• Parks, recreation, gol f courses and public lands

• Increase public knowledge of UAS and promote safe UAS operations

BACKGROUND

Unmanned Aircraft Systems: DJI Phantom 3 Advanced UAS

Chill Photo & Video , LLC see ks an exemption to operate DJI system s for compensation

or hire within the NAS. The DJI Phantom 3 Advanced is a vertical takeoff and landing (VTOL)

Unmanned Aircraft (UA) with a Ground Control Statio n (GCS) utilizi ng electroni c ta blet o r

smartphone systems. The DJI Phantom 3 Advanced has a maximum gross weight o f 2.82

pounds , a l ength of 23.2 inches (square s ize i n a ll d imensions) , height o f 10 inches , and a

maximu m speed of approximately 31 knots. Th e DJI Phantom 3 Advanced is equipped with

four m ain r otors; driven b y L ithium P olymer battery powere d electric motors. The Phantom 3

Advanced tha t will be operated by Chill Photo & Video , LLC w ill b e r egistered i n a ccordance

with 49 U.S.C. 44103, Registration of Aircraft , as w ell a s 1 4 C .F.R P art 4 7, Aircraft

Registration

, and marked i n accord ance wit h 14 C.F.R. Part 45, Identification a nd R egistration

M arking

.

BASIS FO R PETITION

Petiti oner, Chill Photo & Video , LLC, pursuant t o t he p rovisions o f the F ederal A viation

Regulations

(14 C .F.R. § 1 1.61) and t he F AA M odernization a nd R eform A ct o f 2 012 (F MRA),

Section 333, Special Rules for Certain Unmanned Aircraft Systems , hereby p etitions the

Administrator to commercially operate the DJI Phantom 3 Advanced in the Nationa l Airspace

System (NAS) , and fo r a n e xemption fr om t he requirem ents 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 9 1.417(a) & (b ).2

In c onsideration o f t he s peed, weight, size, and l imi ted operating area associated with the

unmanned aircraft and its operation, Chill Photo & Video , LLC operat i on of DJI Phantom 3

Advanced meet s the con ditions of FMRA Section 333 a nd therefore, will no t require an

airworthiness certificat e i n accord ance wit h 14 C.F.R. Part 21, Subpart H.

Accordingly, Chill Photo & Video , LLC requests relief from Se ctions 91.405(a), 91.407(a)(1),

91.409(a)(1) & (a)(2), and 91.417(a) & (b), as thes e s ect ions set forth requirements for

maintenance that only apply to aircraft with an airworthiness certificate. Chill Photo & Video

submit s that the requested relief is prop er si nce an equivalent level of safet y will be ensured.

Chill Photo & Video will us e ex perience d pers onnel or technicians t o perform maintenance,

alterations, o r preventive maintenance on the UASs using the methods, techniques, and

practices prescribe d in the ope rating documents

R elief from certain requirements of Section 61.113(a) and (b), entitled Private pilot privileges

and limitations: Pilot in command , is r equested b y Chill Photo & Video t o the extent necessary

to allow a Pilo t in Command (PIC) holding a private pilo t o r high er level certificate, as well as an

airm an medical certificat e, a nd who has demons trat ed, tha t the PIC is able t o safely operate

t he DJI Phantom 3 Advanced in a manner consistent with this exemption, including evasive

and emergency maneuvers and maintainin g appropriate distances from people, vess els,

v ehicle s and s tructures. Chill Photo & Video s ee ks relief from Section 91.7(a), entitled Civil

aircraft airworthiness

, because the DJI Phantom 3 Advanced do es not requir e an airworthiness

certificat e i n accord ance wit h 14 C.F.R. P art 21, S ubpart H. As such, Chill Photo & Video will

ens ur e that t he DJI Phantom 3 Advanced is in airworthy condition, prior to every flight

, by

determinin g that t he UAS is in compliance with the operating docum ents and t hat the ai rcraft is

in a condition for safe flight.

Chill Photo & Video also seeks an exemptio n from t he requirements of Sect io n 91.121, entit led

Altimeter Settings , as DJI Phantom 3 Advanced will not have a typical barometri c altimeter

onboard. Howev er, a ltitud e informatio n of t he DJI Phantom 3 Advanced will be provide d t o the

PIC via G PS equipment and radio communications telemetry dat a link, which downlinks from

the UA to the GCS fo r active monitoring of the fligh t path. This altitude information, co mbined

with Elev ate d Exposures operati on of the DJI Phantom 3 Advanced wit hi n visual li ne of sight,

at or below 400 feet AGL, will e nsure a leve l of s afety equivalent to Section 91.121.

Additionally, Chill Photo & Video see ks an exemption from the requirement s of Section

91.151(b ) entitled Fuel requirements for flight i n VFR conditions

. Elevat e d Exposures submit s

tha t safet y will not be affect ed b y operation of DJI Phantom 3 Advanced durin g daylight h ours

in visua l meteo ro logical conditions (VMC) under visual flight rules ( VFR), with e nough battery

power t o fly fo r a total duration o f approximately 18 minutes to the first point of intend ed

landing and, assuming norma l cruising speed, t o fly a fter th at for a t least 4 minut es.

In a ccordance w ith 1 4 C .F.R. § 1 1.81

, Elevate d Exposures pro vide s the following information in

support of it s petition for exemption:

A. Name and Address of t he Petitioner.

The name a nd address of the Petitioner a nd point of contact is:3

Chuck Hill

Chill Photo & Video , LLC

303 Barefoot Ln Ext.

Atlantic Beach

, NC 28512

252.648.2591

chuck@chillphotovideo.com

B. The Specific Sections of 1 4 C.F.R. from Which Chill Photo & Video Seeks Exemption.

1. Chill Photo & V ideo Seeks Exemption from The Requirements of S ection

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 p erson who holds a private pilot cert ificate may a ct as a pilot in command

(PIC) of a n a ircraft t hat i s c arrying p assenge rs o r property fo r compensation or hire; nor

may that person, for compensation or hire, act as PIC of an aircraft.

(b) A p rivate p ilot m ay, f or compensati on or hire, act as PIC of an aircraft in connection

with any b usiness o r employment if

—

(1) The f light i s o nly i ncidental t o t hat b usiness o r e mployment; and

(2) The a ircraft d oes n ot c arry p assengers or property for compensati on or hire.

(c) Chill Photo & Video Seeks Exemption from The Requirements of S ection

91.7(a).

Section 91.7, entitled civil aircraft airworthiness , subsection (a ), states t he following:

(a) No p erson m ay o perate a c ivil a ircraft u nless i t i s i n a n a irworthy c ondition.

3. Chill Photo & Video Seeks Exemption from The Requirements of S ection

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 aircraft, as the case may be, by 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;4 (ii) If there is no station within the area prescribed in paragraph (a )( 1)(i) of

this section, the current reported alti meter setting of an appropriate

available station; or

(iii) In the case of an aircraft not equipped wi th a radio, the elevation of

the departure airport or an appropriate alt imeter setting available before

d eparture.

4. Chill Photo & Video Seeks Exemption from The Requirements of S ection

91.151(b).

Section 91.151, entitled Fuel requirements for flight i n VFR conditions

, s ubsection

(b ), states t he f ollowing:

(b) No p erson m ay

b egin a f

light i n a r otorcraft u nder V FR c onditions u nless (considering

wind and forecast weather conditions) there is e nough fuel to fly to the firs t poin t of

in tended landing and, a ss umi ng normal cruisi

ng speed, t o fly

a fter th a t for a t least 20

minutes.

5. Chill Photo & Video Seeks Exemption from The Requirement of S ection

91.405(a).

Section 91.405, entitled Maintenance required , subsection (a ), states t he following:

Each owner or operator of a n aircraft

— (a) Shall h ave t hat a ircraft i nspected a s p r escribed i n s ubpart E o f t his p art a nd shall

between require d inspections, except a s provide d in paragraph (c) of this section, have

discrepancies repaire d as prescribe d in part 4 3 of th is chapter[.]

6. Chill Photo & Video Seeks Exemption from The Requirements of S ection

91.407(a ) ( 1)

Section 91.407, entitled Operation after maintenance, preventive maintenance,

rebuilding, o r alteration , subsection (a )(1), states t he fo llowing:

(a) No p erson m ay o perate a ny a ircraft tha t has undergone maintenance, preventive

maintenance, reb uilding, or alterati on unless

—

(1) It h as b een a pproved f or r eturn t o s ervice b y a p erson a uthorized u nder § 43 .7 o f this

chapter [ .]

7. Chill Photo & Video Seeks Exemption from The Requirements of S ections

91.409(a)(1) And 91.409(a)(2).

Section 91.409, entitled Inspections , subsection (a ), states t he fo llowing:

(a) Except a s p rovided i n p aragraph (c ) of t his s ection, no p erson m ay o perate a n aircraft

unless, withi n t he precedi ng 12 calendar months, it has had

--5 (1) An annual inspection in accordance w ith part 43 of this chapter and has been

approved for return to service by a pers on 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 chapter.

8. Chill Photo & Video Seeks Exemption from the Requirements of S ections

91.417(a) and 91.417(b).

Section 91.417, entitled Maintenance records , subsections (a ) and (b ), s tate 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, prev ent ive maintenance, and alteration and

records of the 100

- hour, annual, pro gressive, and other required or approved

inspections, as appropriate, for each aircra ft (including the airframe) and each

engine, propeller, rotor, and appliance o f an aircraft. The records must include

--

(i) A description (or refe rence 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 par ts 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 t he aircraft, inc luding the time since

the last inspection required by the inspection program und er which the

aircraft and its appliances are maintained.

(v) The current status of applicable airworthiness directives (AD) and

safety directives including, for each, the meth od of compliance, the AD

or safety directive number and revision date. If the AD or safety directive6 involves recurring action, the time a nd date when the next action is

required.

(vi) Copies of the forms prescribed b y § 43.9(d) of this chapter for each

m ajor alteration to the airframe and curre ntly installed engines, rotors,

propellers, and appliances.

(b) The owner or operator shall retain the following records for the periods prescribed:

(1) The records specified in paragraph (a)(1) of this section shall be retained until

the work is repeated or superseded by other work or for 1 year after the work is

performed.

(2) The records specified in paragraph (a)(2) of this section shall be retained and

transferred with the aircraft at the time the aircraft is sold.

(3) A list of defects furnished to a regis tered owner or operator under § 43.11 of

this chapter shall be retained until the defects a re repaired and the aircraft is

approved for return to service.

C. The Extent of R elie f Chill Photo & Video Seeks and The Reas on Chill Photo & Video

Seeks the Relief.

1. Extent of R elief Chill Photo & Video Seeks and the Reason Chill Photo & Video

Seeks Relief From Section 61.113(a) And (b)

Relief from Section 61.113(a) and (b) entitled Private pilot privileges and limitations: Pilot

in command , is r equested t o t he e xtent n ecessary t o a llow a P IC h olding a private pilot

or higher level certificate, as well as a current a nd vali d airma n medical certificate, and

who has m et certain flight -h our a nd currency requirements, t o conduct the p roposed

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 m ay, for

compensatio n or hire, a ct as PI C of an aircraft in connectio n wit h any business or

employment if: ( 1) T he flight is only incidental to that business or employment; and (2)

The aircraft does not carry passengers or property for compens atio n or hire.

As set forth more fully below, Chill Photo & Video s ubmit s tha t an equivalen t level of

s afet y will be maintained because no PIC will be allowed to operate the DJI Phantom 3

Advanced unless that P IC has met certai n flight -h our and currency requirements,

demonstratin g that t he PIC is ab le to saf ely operat e either t he DJI Phantom 3

Adv anced in a manner consistent with the operations specifications as describe d i n

this ex emption, including evas i ve and emergen cy maneuvers, as well as maintaining

appropriat e distances fro m people, vessels, vehicles a nd struct ures.

Further, Chill Photo & Video s ubmit s that all flight s of t he DJI Phantom 3 Advanced

, conducted by t he PIC pursuant to t he gran t o f this Petition: (1) will be incidenta l to Chill

Photo & Video business; an d (2) will not c arry pas sengers or propert y for compensatio n

or hire.7 2. Extent of Re lief Chill Photo & Video Seeks and The Reas on Chill Photo & Video

Seeks Relief From

Section 91.7(a)

Relief from Section 91.7(a) entit led Civil aircraft airworthiness , is r equested t o t he extent

required to allow Chill Photo & Video to determine tha t the DJI Phantom 3 Advanced ar e

i n airworthy conditio n prior to every flight by ensuring that t he UAS is i n compliance with

the operating document s.

Chill Photo & Video see ks the requested relief because t he DJI Phant om 3 Ad vanced

does not r equire an airworthiness ce rtificat e in accordance with 14 C.F.R

. Part 21,

Subpart H. Therefore, Chill Photo & Video will ens ur e that t he DJI Phantom 3 Adv anced

is in airwort hy condition based upon its compliance with the operating document s pr io r

t o every flight, and furt her, determine that t he aircraft a re in condition for s afe flight, as

stated in the condition s and limitations below.

3. Extent of Re lief Chill Photo & Video Seeks and The Reas on Chill Photo & Video

Seeks Relief From

Section 91.121

Relief from Section 91.121, entitled Altimeter sett ings

, may be required to allow flight

operations of t he DJI Phantom 3 Advanced , which utilize s a barometri c pressure sensor,

GPS equipment, and a radio communication s t elemetry data link to downlink altitud e

informatio n from t he UA t o t he PIC at t he groun d control statio n (GCS). Since the FAA

requires tha t any altitud e informat io n concerning UAS operations be report ed t o ai r

traffic control (ATC) in fee t abov e ground lev el (AGL),

Chill Photo & Video see ks t he requested relief becaus e t he DJI Phantom 3 Advanced

altimeter may be set o n the groun d t o zer o feet AGL, rather th an th e l ocal b arometric

pressure or f iel d altitude, before each flight. Considering the limited altitude of t he

proposed operations, reli ef from 14 CFR 91. 121 is sought t o t he extent necessary to

comply wit h t he applicabl e conditions and limitations stated below. As more fully set

forth h erein, an equivalent level of safet y will be maintaine d since DJI Phantom 3

Advanced is equipped wit h a barometric pressure s ensor a n d GPS equipment, which

automatically ensures t hat a ground leve l pressure sett ing w ill be establ ished prior to

each flight, a nd provides the PIC wit h alt itud e informatio n of t he UA on the heads -up

display of the GCS.

4. Extent of Re lief Chill Photo & Video Seeks and the Reason Chill Photo & Video

Seeks Relief From Section 91.151(b)

Relief from Section 91.151(b) ent itled Fuel requirements for flight in VFR conditions, is

requested to the exten t required to allow flights o f the battery powere d DJI Phantom 3

Advanced durin g daylight h ours in visual meteorological conditions (VMC), under visual

flight rules (VFR), for a t otal d uration o f 18 minut es to the first point of intended landing

and, assuming normal cruis ing speed, to fly a fter t hat for at least 4 minutes. Chill Photo &

Video see ks the requested relief because without an exemptio n from Section8 91.151(b), the flight time dura tion of the battery powered DJI Phantom 3 Advanced will

s everely constrain the practicality of any aerial vid eo or still photo flight operations that

Elevated Exposures p roposes to conduct purs uant to this Petition.

5. Extent of R elief Chill Photo & Video Seeks and The Reas on Chill Photo & Video

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

apply to aircraft wit h an airworthiness certificate, Elevate d Expos ures request s relief

from th ese Se ct ions becaus e t he DJI Phantom 3 Advanced do not require airworthiness

certificates. A s set fort h mor e fully below, t he DJI Phantom 3 Advanced meet the

conditions of FMRA Sectio n 333 for operat i on without a n airworthiness certificate.

Accordingly, Elevate d Exposures will use trained technicians to perform maintenance,

alterations, o r preventive maintenance on the UAS usi ng t he methods, techniques, and

practices prescribe d in the UAS operatin g documents Furthermore, Elevate d Exposures

will document a n d maintain all maintenance rec ords for the DJI Phantom 3 Adv anced

.

D. The Reasons Why Granting Chill Photo & Video Request Would Be in the Public

Interest; That Is, How It Woul d Benefit The Public As A Whole.

Grant ing the present Petition will further the public interes t by a llowing Chill Phot o & Video to

safely, efficiently

, a nd economically perform aerial video and photography for real estat e,

special events

, and landscap e over certai n areas of t he United States. Additionally, use of the

DJI Phant om 3 Adv anced will decrease congesti on of the NAS, reduce pollution, a nd provide

s ignificant benefit s to the economy. Notably, the benefits o f Elevat e d Exposures propos ed

operati on of the DJI Phantom 3 Advanced will be r ealized without implicating any privacy

issues.

1. The Public Will Benefit From Decreased Congestion Of The NAS.

The DJI Phantom 3 Advanced are battery powered and serve as a safe, efficient, and

economical alternative to the manned aircraft traditionally utilize d to obtain aerial

imagery. By reducing the amount of manned aircr aft needed to perform aerial

acquisitions, an exemption allowing the use of a DJI Phantom 3 Advanced would

reduce the amount of manned aircraft in the NAS, reduce noise and air pollution, as

well as increase the safety of life and property in the air and o n the ground.

Furthermore, by reducing the number of manned aircraft operating in the NAS,

congestion around airports caused by arriving and departing aircraft will be reduced.

The DJI Phantom 3 Advanced does not require an airport to takeoff or land. Likewise, a

reduction of manned aircr aft conducting aerial video and photography missions would

result in fewer aircraft that must be handled by air traffic control during the ground,

takeoff, departure, arriva l, and landing phases of flight operations.

2. The Publ ic Will Benefit from the Safety and Efficiency Of The DJI Phantom 3

Advanced

. Conducti ng aerial acquisitions with the DJI Phantom 3 Advanced , instead of manned

aircraft, will greatly benefit the public by drastically reducing the levels of air and noise

pollution generated during traditional ae rial video and still photography flight9 operations. By usi ng battery pow er and electri c motors, DJI Phantom 3 Advanced

produ ce no air pollution, a nd is t he most viable environmentally conscious alternative to

t he cabin clas s, six

- cylinder interna l combustio n engi ne aircraft that ar e typically utilized

fo r aerial video and photography, while burning approximately 20

- 30 gallons per hour o f

leaded aviation fuel. The DJI Phantom 3 Advanced , while r educing t he carbo n footprint

of aerial a cquisitions, a lso eliminates nois e pollution, as t he UA is propelled by battery

powere d electric motors, rather t han an internal combustio n engine. By using DJI

Phantom 3 Advanced t o perform aerial acquisitions, t he substantial ris k to lif e and

propert y in the air and on the ground, which is u sually a ssociated with traditional

manned airc raf t fligh t operations, will be substantiall y re duce d or c ompletely eliminated.

Aside from the la ck of flight crew members locate d onboar d the aircraft, the DJI

Phantom 3 Advanced ( gross weight o f 2. 82 pounds , a l ength of 23.2 inches (square s ize

in a ll dimensions) , height o f 10 inches , and a m aximum s peed o f approximately 31

knots , and w ith no fue l on board), has less physical potential for c ollateral damage to

life and property on the ground, a nd i n the air, compared to t he manned aircraft that

typically conduc t simila r operations (weighing approximately 6, 000 pounds with a

wingspan of approximatel y 42 feet, a length of 34 feet, a nd a fuel capacity of 180

gallons).

3. Performing Aeria l Video a nd Photography Operations With The

DJI Phantom 3 Advanced Will Benefit the Economy.

In a ddition t o b eing s afe a nd e fficient, the DJI Phantom 3 Advanced ar e also an

economical alternativ e to u s ing manned aircraft to conduct similar aerial operations. As

such, operation of DJI Phantom 3 Advanced will allo w United States b ased companies,

like Elevate d Exposures , to r emain competitiv e and contribut e to growt h of t he U.S.

economy . Specifically, with t he r ising cost of aviatio n fuel and t he Environmental

Prote ctio n Agency (“EPA”) r egulatory actions phasin g out l eade d aviation fuels, U.S.

owne d a nd operat ed companies must adopt new and alternativ e technology i n order to

remain competitive. Op erating t he battery powered DJI Phantom 3 Advanced is on e

such technolog y that not onl y allows companies greater operational flexibility compared

t o manne d aircraft, but provides such flexibilit y without the high operational cost of a

t raditional manned aircraft. By operating the DJI Phantom 3 Advanced

, companies

s uch as Chill Photo & Video , can r emain c ompetitive a nd p ro fitable, and th erefore,

provide greater j ob stability t o employees a nd contractors, whic h will ultimately

contribut e to growt h of the U.S. economy. Improve d financial perform ance of U.S

. companies, through commercial us e of t he DJI Phantom 3 Advanced , provides a st able

workforce th at increases consumer spending; improve s local, state, and federal ta x

revenues; and allows companies to invest i n res earch and development i n order t o

remain compe titive both in the Unite d States an d abroad.

4. Ther e Ar e No Privacy Issues.

Similar to the manned aerial acquis ition flight operations that have been conducted for

decades, Chill Photo & Video , LLC p roposed o peration o f t he DJI Ph antom 3 Advanced

will not implicate any privacy is sues. Speci fically, the DJI Phantom 3 Advanced will be

operate d on ly in compliance with operating documents which requires property owner

involvement and i n accord ance wit h t he Federal Avia tion Regulations, including the

minimu m altitud e requirements of 14 C.F.R. § 91.119.10

E. The Reasons Why Granting the Exemption Would Not Adversely Affect Safety,

Or How the Exemption Would Provide a Level of S afety at Least E qual to That

Provided by The Rule from Which Chill Photo & Video Seeks Exemption.

1. Reason s Why DJI Phantom 3 Advanced Meet s the Conditions Of The FAA

Modernization and Refor m Act of 2012 (FMRA) Section 3 33.

In c onsideration o f t he s ize, weight, speed, and l i mited operating area associate with

the unmanned aircra ft and its operation, Chill Photo & Video operati on of the DJI

Phantom 3 Advanced meet the condition s of FMRA Section 333, and will not requir e

an airworthiness certificat e i n accord ance wit h 14 C.F.R. Part 21, Subpart H.

Section 333 provides authority for a U AS t o operate without airworthiness certification

and sets fort h requirements for consider ing whether a UAS w ill create a hazard t o users

of the NAS or the public, or otherwise pose a threat to national security.

In s eeking t his e xemption

, Chill Photo & Video submit s that the DJI Phantom 3

Advanced can operat e safely i n t he NAS p ursuant t o FMRA Sect i on 333, as

demonstrate d by: (a) the characteristics of t he DJI Ph antom 3 Advanced ; (b) the p ilot

certificatio n requirement; and (c) t he specifi c operating limit ations.

a. The Specifications of The DJI Phantom 3 Advanced Demonstrate Its Safe

Characteristics.

The DJI Phantom 3 Advanced do es 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 The DJI Phantom 3 Advanced

.

The technical specifications of the DJI Phantom 3 Advanced are set forth

i n the User Manual. User Manual link is provided on Page 17 of this

document as an Appendix

.

ii. The DJI Phantom 3 Advanced A utonomous Flight and Navigation

Modes Enable The UAS to Remain Within a Defined Operational

Area.

The DJI Phantom 3 Advanced may be operated in both man ual and fully

autonomous flight modes. A complet e description of the flight and

navigational modes is pro vided i n the User Manual. User Manual link is

provided on Page 17 of this document as an Appendix

.

iii. The DJI Phantom 3 Advanced Are Designed for Automatic Retur n

to Home Point or Hover in The Event of Loss of the Control Link or

Navigation.11 When the Control Link is lost, the DJI Phantom 3 Advanced will remain

stationary, in flight, for 3 seconds or more. If, after 3 seconds, the DJI

Phantom 3 Advanced do not r eacquire control link data from the GCS,

the UAs will assume that the Control Link is lost and the UAs will return

to the home position (i.e., failsafe mode) via GPS, and will desc end to the

takeoff position and shutdown. A complete description of the Fail safe

Functions is pro vided i n the User Manual. User Manual link is provided

on Page 17 of this document as an Appendix

.

iv

. DJI Phantom 3 Advanced and Its Operation.

A complete description of the operati on and specifications of the DJI

Phantom 3 Advanced and flight control software is pro vided i n the User

Manual. User Manual link is provided on Page 17 of this document as an

Appendix

.

b. Flight Operations of D JI Phantom 3 Advanced Are Limited to the Li ne of

Si ght of a Certificated Pilot in Command with A Safety Observ er.

Chill Photo & Video will only u tilize certificated pilots w ho pos sess a current and

valid airman medical certificat e to act as a pilot i n command (PIC) of the DJI

Phantom 3 Advanced . Additionally, a s afety observ er will a ssist all pilots during

fligh t time.

c. Flights of D JI Phantom 3 Advanced Will Be Conducted Pursuant To

Specific Operating Limitations.

In s eeking t his e xemption

, Chill Photo & Video pr oposes to commercially operate

DJI Phant om 3 Adv anced for the speci al purpos e of conduct ing aerial video and

ph otography over certai n areas of United St ates, p ursuant t o the following

specific operating limitat ions:

1. Operations authorized by this grant of exemption w ill be limited to the

following aircraft described in the operating documents , rotorcraft UASs

weighing less than 55 pounds maximum gross weight: DJI Phantom 3 Advanced

Unmanned Aircraft System . Proposed o perations of any other aircraft will

require a new petition or a petition to amend this grant.

2. UA S operations under this exemption will be l imited to conducting operations

for the purpose of aerial video and photography.

3. The UAS may not be flown at a n indicated airspeed exceeding 50 knots.

4. The UA must be operated at an altitude of no more than 400 feet above

ground level (AGL), as indicated by the proced ures specified in the operati ng

documents unless a special request is made and approved by ATC. All altitudes

reported to ATC must be in feet AGL.12 5. The UAs must be operated within visual line of sight (VLOS) of the PIC at all

times. This requires the PIC to be able to use human vision unaided by any

device other than corrective lenses, as specified on the PIC’s FAA

- issued

airman medical certificate.

6. The use of first person view (FPV) by th e PIC or safety observer (SO) is not

permitted.

7. All operations must utilize a safety observer (SO) . The SO may be used to

satisfy the VLOS requirement as long as the PIC always maintains VLOS

capability. The SO and PIC must be able to communicate ve rba lly at all times.

Electronic messaging or texting is not permitted during fli ght operations. The

PIC must be designated before the flight and cannot transfer his or her

designation for the duration of the flight. The PIC must ensure t hat the SO can

perform the functions prescribed in the operating documents.

8. The SO must not perform any other duties beyon d assisting the PIC with

seeing and avoiding other air traffic and other ground b ased

obstacles/obstructions and is not permitted to operate the camera or other

instruments.

9. The operating documents and the grant of exemption must be accessibl e

during UAS operations and made available to the Administrator upon request. If

a discrepancy exists between the conditions and limitations c ontained in the

gran t of exemption and the procedures outlined in the operating documents, the

conditions and limitations contained in the gra nt of exemption take preced ence

a nd must be followed. Otherwise, the operato r must follow the procedures as

outlined in its operating documents. The op erator may update or revise its

operating documents. It is the operator’s respons ibility to track such revisions

and present updated and revised documents to the Administrator upon request.

The operator must also present updated and revise d documents if it petitions for

extension or amendment to the grant of exempt ion. If the operator determines

that any update or revision would affect the b asis upon which the FAA granted

the exemption, then the operator must petition fo r amendment to its g rant of

exemption. The FAA’s UAS Integration Offi ce (AFS

- 80) may be contacted if

questions arise regarding updates or revisions to the operating documents.

10. Prior to each flight the PIC must inspect th e UAS to ensure that it is in a

condition for safe flight. If the inspection revea ls a condition that affects the safe

operation of the UAS, the aircraft is proh ibited from operating until the

necessary maintenance has been performed and the UAS is found to be in a

condition for safe flight. The Ground Con trol Station must be included in the

preflight inspection. All maintenance a nd alterations must be properly

documented in the aircraft records.

11. Any UAS that has undergone maintenance or alterations that affect the UAS

operation or flight characteristi cs, e.g. r eplacement of a flight critical

component, must undergo a functional test f light. The PIC who conducts the

functional test flight must make an entry in the aircraft records.13 12. The pre

- flight inspection must account for all pot ential discrepancies, e.g.

inoperable components, items, or equipm ent, not already covered in t he

relevant sections of the operating documents.

13. The operator must follow the UAS man ufacturer’s aircraft/component,

maintenance, overhaul; replacement, in spection, and life limit requirements.

14. The operator must carry out its maintenance, inspections, and record

keeping requirements, in accordance with the op erating documents.

Maintenance, inspection, alterations, and status of replacement/overhau l

comp one nt parts must be noted in the aircraft records, including tot al time i n

service, description of work accomplished, and the signature of the authorized

person returning the UAS to service.

15. Each UASs operated under this exemption must comply with all

manufacturer Safety Bulletins.

16. The authorized person must make an entr y in the aircraft record of the

corrective action taken against discrepancies discovered between inspections.

17. The PIC must possess at least a private pilot certificate and at lea st a current

third

- class medical certificate.

18. The operator may not permit any PIC to o perate unless the PIC meets the

operator’s qualification criteria and demonstrate s the ability to safely operate the

UAS in a manner consistent with how the UAS will be operated under the

exemption, including evasive and emer gency maneuvers and maintaini ng

appropriate distances from persons, vessel s, vehicles and structures. PIC

qualification flight hours must be logged in a m anner consistent with 14 C.F.R. §

61.5 1(b). Flights for the purposes of training the operator’s PICs are permitte d

under the terms of the exemption. H owever, training operations may only be

conducted during dedicated trai ning sessions. During training, proficiency, an d

experience

- building flig hts, all p ersons not essential for flight operations are

considered nonparticipants, and the PIC must operate the UA with appropriat e

distance from nonparticipants in accordance with 14 C.F.R. § 91.119.

19. UAS operations may not be conducted during night, as defined in 14 C.F.R.

§ 1.1. All operations must be conducted under v isual 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 vi sual fligh t

rules (SVFR) are not authorized.

20. The UA may not operate within 5 nautical miles o f an airport reference poin t

as denoted on a current FAA

- published aerona utical chart unless a letter of

agreement 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 manag ement must be made available to

the Administrator upon request.14 21. The UA may not be operated less than 500 feet below o r less than 2,000 fee t

horizontally from a cloud or when visibility is les s than 3 statute miles from the

PIC.

22. If the UA loses communications or loses its GPS signal, it must return to a

predetermined location within the planned operating area and land or be

recovered in accordance with the operating documents.

23. The PIC must abort the flight in the ev ent of unpredicted obstacles or

emergencies in accordance with the operating documents.

24. The PIC is prohibited from beginning a fligh t unless (con sidering wind and

forecast weather conditions) there is enough power to fly at normal cruisin g

speed to the intended landing point and lan d the UA with 25% battery power

remaining.

25 . A ll aircraft operated in accordance with the exemption m us t be identified by

serial number, registered in accordance w ith 14 C.F.R. part 47, and have

identification (N

- Number) markings in acc ordance with 14 C.F.R. part 45,

Subpart C. Markings must be as large as practicable.

26 . T he documents required fewer than 14 C.F.R. 91.9 and 91.203 m ust b e

available to the PIC at the Ground Control Station of the UAS any time the U AS

is operating. These document s must be made available to the Administrator or

any law enforcement official upon request.

27 . T he UA must r emain clear and yield the right o f way to all manned aviation

operations and activities at all times.

28 . T he UAS may not be operated by the PIC from any moving device or

vehicle.

29 . F light operations must be conducted at least 500 feet from all

no nparticipating persons (persons other than the PIC, SO, operator trainees o r

essential persons), vessels, vehicles, and structures unless:

a. Barriers or structures are present that suffic iently protect nonparticipating

persons from the UA and/or debris i n the event of an accident. The operator

must ensure that nonparticip ating persons remain under such protection. If a

situation arises where nonp articipating persons leave such protection and are

wi thin 500 feet of the UA, flight operations must cease imme diately and/or;

b. The aircraft is operated near vessels, v ehicles or structures where t he

owner/controller of such vessels, veh icles or structures has granted permission

and the PIC has made a s afety assessment of the risk of operating closer t o

those ob jects and determined that it does not p resent an undue hazard, and;15 c. Operations nearer to the PIC, SO, operato r trainees or essential persons do

not present an undue hazard to those persons per § 91.119(a). 32. All operations

shall be conducted over pri vat e or controlled

- access property with permission

from the land owner/controller or authorized representative. Permission from

land owner/controller or au thorized representative will be obtained for each flight

to be conducted.

30 . Any incident, accident , or flight operation that transgresses t he lateral or

vertical boundaries of the operational area a s defined by the applicable COA

must be reported to the FAA's UAS Integr ation Office (AFS

- 80) within 24 hours.

Accidents must be reported to the Natio nal Tr ansportation Safety Board (NTSB)

per instructions contained on the NTSB Web site: www.ntsb.gov

.

2

. The F AA

M ay P rescribe A ny

O ther C onditions F or S afe O peration.

In a ccordance w ith S ection 3 33 o f t he F AA M odernization a nd R eform A ct o f 2 012

(FMRA) and 1 4 C .F.R. § 2 1.16 e ntitled S pecial C onditions

, Chill Photo & Video requests

t ha t the FAA prescribe special conditions for t he intende d operation of t he DJI

Phant om 3 Advanced , which c ontain s uch s afety s tandar ds that t he Administrator f inds

necessary to establish a level o f safety equivalen t to tha t 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 s pecial c ondit ions w ill pe rmit

s afe operation of the UA s for the limited purpose of conducti ng aerial vide o and

photography over c ertain areas of the Unite d States for c ompensation o r h ire. FMRA

Section 333 sets forth the requirements for considering whe the r a UAS will create a

ha zard to users o f the NAS o r t he public, o r otherwise pose a t hreat t o national security;

and further, provides th e a uthority fo r s uch U AS to o perate w ith out airworthiness

certificatio n in accordance with any requirements that must be establishe d for t he sa fe

operati on of the UAS in the NAS.

Likewise, t he Administrator may prescrib e special conditions pursuant t o 14 C.F.R. §

21.16, for operati on of t he DJI P hantom 3 Advanced , since the airworthiness

regulations of 14 C.F.R. Pa rt 21 do no t contain adequate or appropriat e safety

standards, due to the nov el or unusual design feature s of the aircraft. Secti on 21.16,

entitled Special Co nditions, states t he following: I f t he F AA f inds t hat t he a irworthiness

regulations of this subchapte r do no t cont ain adequat e or appropriat e safety standards

for a n a ircraft , aircraft e ngine, or p ropeller because of a novel or u nusual design feature

of t he aircraft, aircraft engi ne or propeller, he prescribes special conditions and

amen dments theret o for t he product. The special con ditions are issue d in accordance

w ith Part 11 of this chapter and contai n s uch safety standards for t he aircraft, airc raft

engi ne or propeller as t he FAA finds necessary t o establis h a level of safety eq uivalent

to tha t established in the regulations. See 14 C.F.R. § 21.16.

Therefore, i n accordance wit h FMR A Secti on 333 and 14 C.F.R. § 21.16, t he FAA may

prescribe special conditions for Chill Photo & Video intended operation of the DJI

Phantom 3 Advanced , which c ontain s uch s afety s t andards tha t the Administrat or finds

necessary t o est ablis h a lev el of safety equivalent to that established by 14 C.F.R

. Part16 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 Whi ch Chill Photo & Video Seeks Exemption:

Chill Photo & Video see ks exemption from the requirement s 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 Chill Photo & Video Seeks:

This exempti on will permit Chill Photo & Video to commercially operate an Unmanned

Aircraft System (UAS) for the pur pose of conductin g aerial vide o and photography

over certai

n areas of t

he United States.

G. Any Additional Information, Views, or Arguments Available to Support Chill Photo &

Video

Request.

This Petiti on is made pursuant t o the FAA Modernizati on a nd Reform Act of 2012 (FMRA)

Section 333, which directs the Secretary of Transpo rtation to determine if certain UAS may

operate safely i n the NAS. As such, Chill Photo & Video reques t fo r exemption may be granted

pursuant t o the authority of FMRA Section 333 a nd 14 C.F.R. Part 1 1, as set fort h above.

FMRA Secti on 333 sets fort h the requirements for considering whether a UAS will creat e a

hazard t o users of t he NAS or t he public, or othe rwise pose a threa t to national security; and

further, provides th e a u thorit y for such UAS to operate without airworthines s certification. As

discusse d in detail above, Chill Photo & Video will operate the DJI Phantom 3 Advanced safely

in the NAS, without creating a hazard to users of the NAS, o r the public, o r otherwise pose a

threa t to national security.

CONCLUSION

As set forth herein, Chill Photo & Video see ks an exemption pursuant to 14 C.F.R. § 11.61 and

Section 333 of the F AA Modernization and Reform Act of 2012 (FMRA), which will permit s afe

operati on of the DJI Phantom 3 Advanced commercially , without a n a irworthiness c ertificate,

for th e limited purpos e of conducting aerial video and photography over certai n areas of the

United States. By granting this Petition, the F AA Administrator will be fulfilling the

Congressional mandate of th e FAA Modernization and R efor m Act of 2012, while also

advanci ng t he interests of t he public, by allowin g Chill Photo & Video to safely, efficiently, and

economically operat e the DJI Phantom 3 Advanced commercially withi n t he NAS.

WHEREFORE , in accord ance wit h t he Federal Aviatio n Regulations and t he FAA

Modernization and R efor m Act of 2012, Section 333, Chill Photo & Video respectfully requests

tha t the Administrato r gran t this Petition fo r an exemption from the requirements o f 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 nd permit Chill Photo & Video to operate the DJI Phantom 3 Advanced17

commercially for t he purpos e of conducti ng aerial video and photograph y ov er certai n areas of

the United States.

Dated: 30 Sep 2015

Chill Photo & Video , LLC

_____________ ____________ Chuck Hill

, O wner

Chill Photo & Video , LLC

303 Barefoot Ln Ext

Atlantic Beach, NC 28512

252.648.2591

Appendices:

DJI Phantom 3 Advanced Manufacturer User Guide

http://download.dji

innovations.com/downloads/phantom_3/en/Phantom_3_Advanced_User_Manual_v1.2_en.pdf