Petition for Section 333 Exemption

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‐ Partner, LLC.

Page 1 of 15 July 24, 2015

U.S. Department of Transportation Docket Operations West Building Ground Floor, Room w12-140 1200 New Jersey Ave., SE Washington, DC 20590

RE: Petition for Section 333 Exemp tion Under FAA Modernization and Reform Act of 2012

Petitioner : e-Partner, LLC Petitioner’s sUAS(s) Models : DJI Phantom 3 Petitioner’s sUAS(s) Operations : Aerial Photographic and Video Imagery Regulations Requiring Exempti on : 14 CFR §§ 61.23(a) and (c); 14 C.F.R. §§ 61.101(e)(4) and (5) 14 C.F.R. § 61.113(a); 14 C.F.R. §61.315(a) 14 C.F.R. § 91.7(a); 14 C.F.R. § 91.119(c) 14 C.F.R. §91.121; 14 C.F.R. §91.151(a)(1) 14 C.F.R. §91.405(a); 14 C.F.R. §91.407(a)(1) 14 C.F.R. §§ 91.409(a)(1) and (2); and 14 C.F.R. 91.417(a) and (b)

To whom it may concern,

On behalf of e-Partner, LLC (hereinafter referred to as “e-Part ner”), a web development firm located in Prescott, Arizona, specializing in aerial photograph y and video imagery, the undersigned counsel for e-Partner hereby ap plies for Section 333 exemption pursuant to the FAA Modernization and Reform Act of 2012, Public Law 112-95 (P.L. 1 12-95), and 14 C.F.R. Part 11.

The owner of e-Partner, Donald T eel, holds a single engine, air plane, private pilot certificate and rating (Certificate #: 3237283). As such, e-Partner, through th e careful oversight and tutelage of Mr. Teel, will ensure that all sUAS flight operations are condu cted in the safest possible manner.Petition for Section 333 Exemption

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‐ Partner, LLC.

Page 2 of 15 To that end, e-Partner will comply with any flight or atmospher ic condition limitations imposed upon the commercial operation of e -Partner’s DJI Phantom 3.

This petition will address the following topics, as they relate to e-Partner’s commercial sUAS flight operations: the nature o f e-Partner’s commercial drone o perations, as well as the DJI Phantom 3 for which e-Partner seeks exemption; e-Partner’s prop osed sUAS flight operations and conditions; privacy concerns; publ ic interest and safety concer ns; and, the above specified F.A.R.s requiring exemption. Under Secti on 333(b)(1), e-Partner’s petit ion will give the FAA good cause to issue a Certificate Of Waiver or Authorization by showing th at the size, weight, speed, operational capacity, proximity to airports and populated areas , and operations within the Visual Line of Sight of the Pilot in Command and Visual Observer of e -Partner’s DJI Phantom 3 neither creates a hazard to users of the National Airspace System or pu blic nor poses a threat to national security.

Additionally, this petition will prove that e-Partner’s flight operations for the commercial usage of the DJI Phantom 3 provides an equi valent level of safety when c ompared to the F.A.R.s requiring exemption. To that end, this petit ion will highlight some of th e numerous, granted petitions for Section 333 exemption for similar commercial operations of the DJI Phantom 3.

Please refer to the “Table of Contents” beginning on page three (3) to assist your review of ePartner’s petition fo r Section 333 exempti on. If we may provide additional insight or information regarding e-Partner’s petition, please do not hesitate to conta ct The Ison Law Group at 863-712- 9475 or Christopher@thepilotlawyer.com.

Sincerely,

THE ISON LAW GROUP

Christ opher Ison, Esq.

EnclosuresPetition for Section 333 Exemption

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‐ Partner, LLC.

Page 3 of 15 TABLE OF CONTENTS

I. Glossary of Terms ................................................................................4

II. Publishable Summary ................................................................................5

III. Petitioner’s Contact Information ..............................................................6

IV. e-Partner, LLC’s Petitio n for Section 333 Exemption ................................. ..6

a. The DJI Phantom 3 sUAS Overview .....................................................6

b. DJI Phantom 3 Specifications .....................................................8

V. Flight Conditions and Operating Procedures .....................................................9

VI. Privacy .......................................................................................12

VII. Public Interest and Safety .....................................................................12

VIII. Regulations from Which Exemption is Requested ..........................................12

a. 14 CFR §§ 61.23(a) and (c): Medical Certificates Requirement an d Duration ...............12

b. 14 C.F.R. §§ 61.101(e)(4) and (5): Recreational Pilot Privilege s and Limitations ...............13

c. 14 C.F.R. § 61.113(a): Private Pilot Privileges and Limitations : Pilot in Command ......13

d. 14 C.F.R. §61.315(a): What Are The Privileges and Limits of My Sport Pilot Certificate? ... ................................................13

e. 14 C.F.R. § 91.7(a): Civil Aircraft Airworthiness ...................................................14

f. 14 C.F.R. § 91.119(c): Mini mum Safe Altitude: General ..........................................14

g. 14 C.F.R. §91.121: Altimeter Settings ............................................................14

h. 14 C.F.R. §91.151(a)(1): Fuel Requirements For Flight In VFR Co nditions ...............14

i. 14 C.F.R. §91.405(a): Maintenance Required ...................................................15 j. 14 C.F.R. §91.407(a)(1): Operation After Maintenance,
Preventative Maintenance, R ebuilding, Or Alteration .. ................................15

k. 14 C.F.R. §§ 91.409(a)(1) and (2): Inspections ...................................................15

l. 14 C.F.R. 91.417(a) and (b): Maintenance Records ..........................................15Petition for Section 333 Exemption

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Page 4 of 15 GLOSSARY OF TERMS

Aircraft : any contrivance invented, use d, or designed to navigate, or f ly in, the air (Title 49, United States Code (49 USC) § 40102).

National Airspace System (NAS) : the common network of U.S. airs pace; air navigation facilitie s, equipment and services, airpor ts or landing areas; aeronautical charts, information and services; rules, regulations and procedur es, technical information, and m anpower and material.

Operational Control : with respect to a flight, means the exercise of authority ove r initiating, conducting or terminati ng a flight (14 CFR § 1.1).

Pilot in Command (PIC) : the person who has final authority and responsibility for the operation and safety of the flight; has been designated as PIC before or during the flight; and holds the appropriate category class and type-rating, if appropriate, for the conduct of the flight (14 CFR § 1.1).

Small Unmanned Aircraft System (sUAS) : an unmanned aircraft and associated elements, including communication links and the components that control t he unmanned aircraft, that are required for the pilot in command to operate safely and efficie ntly in the national airspace system (P.L. 112-95, Section 331), weighi ng less than 55 pounds, inclu ding payload.

UAS Certificate of Waiver or Authorization (COA) : an authorization issued by the Air Traffic Organization to an operator for a specific unmanned aircraft ac tivity.

Visual Line of Sight (VLOS) : unaided (corrective lenses and/or sunglasses excepted) visual contact between a pilot in command and an unmanned aircraft suf ficient to maintain safe operational control of the aircr aft, know its location, and be able to scan the airspace in which it is operating to see and avoid other air traffic or objects aloft o r on the ground.Petition for Section 333 Exemption

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Page 5 of 15 PUBLISHABLE SUMMARY

Pursuant to 14 C.F.R §11.81(f), should the FAA require a publis hable summary for the Federal Register , e-Partner, LLC (e-Partner), s ubmits the following information :

e-Partner seeks exemption for the commercial operation of Small Unmanned Aircraft Systems (sUAS) from the following Federal Aviation Regulations (F.A.R.s ):

14 CFR §§ 61.23(a) and (c); 14 C. F.R. §§ 61.101(e)(4) and (5); 14 C.F.R. § 61.113(a); 14 C.F.R. §61.315(a); 14 C.F.R. § 91.7(a); 14 C.F.R. § 91.119(c); 14 C.F.R. §91.121; 14 C.F.R. §91.151(a)(1); 14 C.F.R. §91.405(a); 14 C.F.R. §91.407(a)(1); 14 C.F.R. §§ 91.409(a)(1) and (2); and 14 C.F.R. 91.417(a) and (b).

As such, e-Partner seeks exemp tion from the above listed F.A.R. s for the purpose of commercially operating the following sUAS: DJI Phantom 3. This petition will prove that e-Partner’s flight operations for the commercial usage of the DJI Phantom 3 for ae rial photography and video imagery provides an equivalent le vel of safety when compared to the F.A.R.s requiring exemption. To that end, the FAA has already granted numerous exemptions fo r similar commercial operations of the DJI Phantom 3, such as:

Exemption

Number Regulatory

Docket Number Flight Operation

11399A FAA-2015-0147 Aerial Photogr aphy/Videography for Real Es tate Services

11845 FAA-2015-0806 Aerial Photogr aphy/Videography for Real Est ate Services

12042 FAA-2015-1552 Aerial Pho tography/Videography

12046 FAA-2015-1534 Aerial Pho tography/Videography 11802 FAA-2015-1050 Aerial Photogr aphy/Videography for Real Est ate Services

11977 FAA-2015-1478 Aerial Vide ography/Photogrammetry 11953 FAA-2015-1407 Aerial Mappi ng/Inspection/Photography 11711 FAA-2015-0777 Aerial Photography/Photogrammetry 11938 FAA-2015-1390 Aerial Photography/Video 11172A FAA-2014-0787 Aerial Photogr aphy and Wildlife Preservati on

11899 FAA-2015-1249 Aerial Photo graphy/Videography/Mapping 1306A FAA-2014-1023 Aerial Photogram metry/Inspection/Analysis

Under Section 333(b)(1) of the F AA Modernization and Reform Act of 2012, e-Partner’s petition will give the FAA good cause to issue a Certificate Of Authoriz ation by showing that the size, weight, speed, operational capacity, proximity to airports and populated areas, and operations within the Visual Line of Sight of the Pilot in Command and Vis ual Observer of e-Partner’s DJI

Phantom 3 does not create a hazard to users of the National Air space System or public or pose a threat to national security. To that end, e-Partner seeks exem ption from the above specified F.A.R.s as e-Partner’s flight ope rations provide an equivalent level of safety when compared to the F.A.R.s to be exempted. e-Partner will adhere to any flight or atmospheric condition limitation imposed by the FAA.Petition for Section 333 Exemption

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‐ Partner, LLC.

Page 6 of 15 PETITIONER’S CONTACT INFORMATION

Petitioner: C ounsel for Petitioner: Donald Teel, Owner/Member The Is on Law Group e-Partner, LLC 2073 US Hwy 92 West, Suite 104

PO Box 3205 Winter Have n, FL 33881 Prescott, Arizona 86302 P hone: 863-712-9475

Phone: 928-777-8100 Email: Christ opher@thepilotlawyer.com

E-PARTNER, LLC’s PETITION

FOR SECTION 333 EXEMPTION

e-Partner, LLC, (hereinafter “e-Partner”) is a web development firm located in Prescott, Arizona. As such, e-Partner provides a wid e assortment of services to va rious businesses, especially businesses competing in the real estate and graphic designing m arkets. Consequently, e-Partner will have the need to commercially operate the DJI Phantom 3 to provide aerial photographic and video imagery to its customers.

As detailed below, e-Partner will only allow commercial sUAS op erations of the DJI Phantom 3 by certificated airmen, holding at the bare minimum a sport pil ot certificate. Currently, Donald Teel, Owner/Member of e-Partner, holds a single engine, airplan e, private pilot certificate and rating (Certificate #: 3237283). U nder the guidance and tutelag e of Mr. Teel, a certificated airman, e-Partner will practice safe, c ommercial sUAS operations.

Based upon e-Partner’s intended use and proposed flight operati ons and atmospheric conditions limitations, e-Partner would like an exemption from the followi ng Federal Aviation Regulations (F.A.R.s) to commercially operate the DJI Phantom 3: 14 CFR §§ 61.23(a) and (c); 14 C.F.R. §§ 61.101(e)(4) and (5); 14 C.F.R. § 61.113(a); 14 C.F.R. §61.315( a); 14 C.F.R. § 91.7(a); 14 C.F.R. § 91.119(c); 14 C.F.R. §91.121; 14 C.F.R. §91.151(a)(1); 14 C.F .R. §91.405(a); 14 C.F.R. §91.407(a)(1); 14 C.F.R. §§ 91.409(a)(1) and (2); and 14 C.F.R. 91.417(a) and (b).

DJI Phantom 3

Overview

The DJI Phantom 3 is a quad-boom, four (4) motor sUAS, capable of providing hover flight in both the vertical and horizontal planes. As such, the DJI Phant om 3 provides excellent maneuverability and ease of control for the PIC. The ease with which a PIC can control this sUAS model is evidenced by the fact that the DJI Phantom 3 is commer cially available for RC hobbyists, requiring little to no training or experience prio r to recreati onal usage.

Like previous DJI Phantom predecessors, the DJI Phantom 3 provi des innovative features that culminate in a safe flying experience. For example, the Phantom 3 now uses DJI’s Intelligent Flight Battery, featuring upgraded battery cells and an advanced power management system. Likewise, the flight controller found in the Phantom 3 has been updated t o provide a safer, more reliable experience through a newly implem ented flight recorder. Moreove r, the flight con troller now uses a Vision Positioning System, which, when combined with the remo te controller’s flight recorder, enhances hovering precision when fly ing in environments where G PS is unavailable.Petition for Section 333 Exemption

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‐ Partner, LLC.

Page 7 of 15 In an effort to ensure the safety of each flight, e-Partner cho se the DJI Phantom 3 due to the enhanced safety features found in this sUAS. The DJI Phantom 3 boasts various Return-to-Home (RTH) modes which bring the sUAS back to the last recorded Home point, allowing for the safe landing and return of the sUAS, should an unforeseen emergency arise. As such, the DJI Phantom 3 allows for Smart RTH, Low Ba ttery RTH, and Failsafe RTH.

In Smart RTH, the DJI Phantom 3 will automatically return to th e last recorded Home Point. During this operation, the PIC may use the remote controller’s control sticks to control the sUAS to avoid any collisions. The Low Battery RTH failsafe is trigge red when the DJI Intelligent Flight Battery is depleted to a point that may affect the safe return on the sUAS. When the DJI Pilot App notifies the PIC that the battery is low, the sUAS will begin t he RTH procedure, unless otherwise prompted by the PIC. Lastly, the Failsafe RTH allows the sUAS t o return to a pre-recorded location if the remote controller signal is lost for more than three (3) seconds. If the PIC regains remote controller connectivity, the PIC may resume control of the sUAS and continue the flight.

In addition to the above safety features, the DJI Phantom 3 als o incorporates an anti-drop kit for the gimbal. The anti-drop kit en sures that the gimbal and camer a remain connected to the sUAS, so as to preclude the possibility of the gimbal/camera from dis connecting during flight operations. Moreover, the DJI Pilot App provides an incredible wealth of in formation that will supplement the PIC’s situational awareness while operating the DJI Phantom 3. To that end, the DJI Pilot App provides the PIC with the following information: current flight mode, GPS signal strength, system status, battery level indicator, remote controller signal stren gth, flight telemetry (height, distance, and airspeed), and area map. By e nhancing the PIC’s situational awareness, the PIC will be able to focus on safe flight operations, thereby reducing the likeli hood of an incident which would lead to property damage or injury to persons.

The FAA has already granted numerous petitions for Section 333 exemption to commercial sUAS operators of the DJI Phantom 3. Below is an abbreviated list of granted Section 333 petitions for the commercial operation of the DJI Phantom 3, as well as the p etitioner’s proposed commercial usage of the sUAS:

Exemption

Number Regulatory

Docket Number Proposed Flight Operation(s) 11399A FAA-2015-0147 Aerial Photogr aphy/Videography for Real Es tate Services

11845 FAA-2015-0806 Aerial Photogr aphy/Videography for Real Est ate Services

12042 FAA-2015-1552 Aerial Pho tography/Videography

12046 FAA-2015-1534 Aerial Pho tography/Videography 11802 FAA-2015-1050 Aerial Photogr aphy/Videography for Real Est ate Services

11977 FAA-2015-1478 Aerial Vide ography/Photogrammetry 11953 FAA-2015-1407 Aerial Mappi ng/Inspection/Photography 11711 FAA-2015-0777 Aerial Photography/Photogrammetry 11938 FAA-2015-1390 Aerial Photography/Video 11172A FAA-2014-0787 Aerial Photogr aphy and Wildlife Preservati on

11899 FAA-2015-1249 Aerial Photo graphy/Videography/Mapping 1306A FAA-2014-1023 Aerial Photogram metry/Inspection/AnalysisPetition for Section 333 Exemption

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‐ Partner, LLC.

Page 8 of 15 DJI Phantom 3 Specifications

Aircraft: Weight: 1280 g Maximum Ascent Speed: 5 m/s Maximum Descent Speed: 3 m/s Maximum Speed: 16 m/s Maximum Flight Altitude: 6000 m Maximum Flight Time: 23 minutes (Approximately) Operating Temperature Range: 0 ֯ C to 40 ֯ C

GPS: GPS/GLONASS

Gimbal: Controllable Range: Pitch: -90 ֯ to +30 ֯

Vision Positioning: Velocity Range: <8 m/s (Altitude 2 m) Altitude Range: 30 cm – 300 cm Operating Range: 30 cm – 300 cm Operating Environment: Surf ace w/Clear Pattern and Adequate Lighting (Lux > 15)

Camera:

Sensor: S ony Exmor 1/2.3” Operating Temperature Range: 0 ֯ C to 40 ֯ C

Remote Controller: Operating Frequency: 2.400 GHz – 2.483 GHz

Maximum Transmission Distance: 2 km (outdoors and unobstructed) Operating Temperature Range: 0 ֯ C to 40 ֯ C Battery: 6000 mAh LiPo 2S

Mobile Device Holder: Tablets and smart phones Transmitter Power (EIRP): FCC: 20 dbm; CE: 16 dbm Working Voltage: 1.2 A @ 7.4 V

Intelligent Flight Batte ry (PH3-4480 mAh 15.2V) : Capacity: 4480 mAh Voltage: 15.2 V Battery Type: LiP o 4S Energy: 68 Wh Net Weight: 365 g Operating Temperature: -10 ֯ C to 40 ֯ C Max Charging Power: 100 WPetition for Section 333 Exemption

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‐ Partner, LLC.

Page 9 of 15 FLIGHT CONDITIONS AND OPERATING PROCEDURES

e-Partner’s primary objective with every flight is the safe ret urn of the DJI Phantom 3 without injury to property or person. In o rder to obtain this desired o bjective, e-Partner will abide by the following flight and atmospheric conditions limitations when pe rforming commercial flight operations with the DJI Phantom 3:

1. e-Partner will not operate the sUAS models when weighing more t han 55 pounds, including payload.

2. e-Partner will not operate the sUAS models at a speed exceeding 87 knots (100 miles per hour). e-Partner will use either groundspeed or calib rated airspeed to determine compliance with t he 87 knot speed restriction.

3. e-Partner will not operate the sUAS models at an altitude of mo re than 400 feet above ground level (AGL). e-Partner will monitor altitude in fe et AGL via GPS technology and monitoring.

4. e-Partner will only operate the s UAS models within VLOS of the PIC at all times. e-Partner will require the PIC to be able to use human vision u naided by any device other than corrective lenses, as specified on th e PIC’s FAA-iss ued airman medical

certificate or U.S. driver’s license.

5. e-Partner requires the utilization of a visual observer (VO) on all commercial sUAS flights. The sUAS models will be operated within VLOS of the PI C and VO at all times. The VO may be used to satisfy the VLOS requirement as lo ng as the PIC always maintains VLOS capability. e-Partner requires that the V O and PIC be able to communicate verbally at all ti mes. e-Partner does not permit electronic messaging or texting during flight operations. e-Partner requir es the sUAS PIC to be designated before the flight and does not allow transfer of his or her designation during the flight. The PIC must ensure that the VO can perform the duties required

of the VO.

6. e-Partner requires that all operating documents (defined as the granted exemption and all documents needed to operate the UAS model and conduct i ts operations in accordance with all grants conditions and limitations) must be accessible during sUAS operations and made available to the Administrator upon re asonable request.

7. e-Partner will require a functi onal test should any sUAS model undergo maintenance or alterations that affect that sUAS model’s operat ion or flight characteristics, e.g., replacement of a flight critical compone nt, must undergo a functional test flight prior to conducting further operations u nder this exemption. e-Partner requires that all func tion flights be conducted by a PIC with a VO and remain at least 500 feet from other people. e-Partner further r equires that the functional test flight be conducted in such a manner so as to n ot pose an undue hazard to persons and property.Petition for Section 333 Exemption

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Page 10 of 15 8. e-Partner will be responsible for maintaining and inspecting th e sUAS model to

ensure that the sUAS model is in a condition for safe operation

.

9. e-Partner requires that, prior to each flight, the PIC conduct a pre-flight inspection

and determine whether the sUAS model is in a condition for safe flight. e-Partner requires that the pre-flight ins pection must account for all po tential discrepancies, e.g., inoperable components, items, or equipment. Should the in spection reveal a

condition that affects the safe operation of the sUAS model, e- Partner prohibits the aircraft from operating until the necessary maintenance has bee n performed and the

sUAS is found to be in a c ondition for safe flight.

10. e-Partner requires compliance w ith the component manufacturer’s maintenance, overhaul, replacement, inspection, and life limit requirements for the components

that combine to assemble the sUAS models.

11. e-Partner requires compliance w ith all sUAS model manufacture’s safety bulletins

for the sUAS model.

12. e-Partner requires all sUAS mode l PICs to hold either an airlin e transport, commercial, private, recreational, or sport pilot certificate. Further, e-Partner requires the PIC to also hold a current FAA airman medical cert ificate or a valid U.S. driver’s license issued by a state, the District of Columb ia, Puerto Rico, a territory, a possession, or the Federal Government. The PIC mus t also meet the flight review requirements specified in 14 CFR § 61.56 in an ai rcraft in which the

PIC is rated on his or he r pilot certificate.

13. e-Partner prohibits any PIC to operate the sUAS model unless th e PIC demonstrates the ability to safely operate the sUAS model in a manner consis tent with how the sUAS will be operated under this petition for exemption, includ ing evasive and emergency maneuvers and maintaining appropriate distances from persons, vessels,

vehicles and structures. To th at end, e-Partner requires the PI C’s qualification flight hours and currency to be logged in a manner consistent with 14 CFR § 61.51(b).

14. e-Partner prohibits flight opera tions of the sUAS models during night, as defined in 14 CFR § 1.1. All flight operations will be conducted under visual meteorological conditions (VMC). e-Partner will not allow the sUAS model to be flown during special visual flight rules (SVFR).

15. e-Partner will not operate the sUAS model within 5 nautical mil es of an airport reference point (ARP) as denoted in the current FAA Airport/Fac ility Directory (AFD) or for airports not denot ed with an ARP, the center of th e airport symbol as denoted on the current FAA-publishe d aeronautical chart, unless a letter of agreement with that airport’s ma nagement is obtained or otherwi se permitted by a COA issued to the exemption holder. e-Partner will make the let ter of agreement with the airport management available to the Administrator or a ny law enforcement official upon request.Petition for Section 333 Exemption

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Page 11 of 15 16. e-Partner will operate the sUAS model at least 500 feet below a nd/or no more than 2,000 feet horizontally from a cloud. e-Partner will not operat e the sUAS model when visibility is less than 3 statute miles.

17. Should the sUAS model lose communications or lose its GPS signa l, e-Partner requires the sUAS model to return to a pre-determined location within the private or controlled-access property.

18. e-Partner requires the PIC of any sUAS model to abort the fligh t in the event of unpredicted obstacles or emergencies.

19. e-Partner prohibits the PIC of any sUAS model from beginning a flight unless (considering wind and forecast weather conditions) there is eno ugh available power for the sUAS model to conduct the intended operation and to ope rate after that for at least 5 minutes or with the reserve power recommended by the manufacturer if

greater.

20. e-Partner requires that all documents used to ensure safe opera tion and flight of the sUAS model and any documents required under 14 CFR §§ 91.9 and 91.203 to be

available to the PIC at the Ground Control Station of the sUAS model any time the aircraft are operating. e-Partner will make these documents ava ilable to the Administrator or any law enfor cement official upon reasonable r equest.

21. e-Partner requires that during all flights, the sUAS model PIC remain clear and give way to all manned aviation operati ons and activities at all tim es.

22. e-Partner prohibits the PIC of any sUAS model from operating th e sUAS model from any moving device or vehicle.

23. e-Partner requires all flight operations of all sUAS models to be conducted at least 500 feet from all nonparticipat ing persons, vessels, vehicles, and structures unless:

a. Barriers or structures are present that sufficiently protect no nparticipating persons from the sUAS and/or debris in the event of an accident . e-Partner will ensure that nonparticipating persons remain under such pro tection. If a situation arises where nonpartic ipating persons leave such prot ection and are within 500 feet of the sUAS, e-Partner requires flight ope rations to cease immediately in a manner ensuring the safety of nonpartici pating persons; and

b. The owner/controller of any vesse ls, vehicles or structures has granted permission for operating closer to those objects and the PIC ha s made a safety assessment of the risk of operating closer to those obje cts and determined that it does not present an undue hazard.

24. e-Partner will operate all sUAS m odels flights over private or controlled-access property with permission from the property owner/controller or authorizedPetition for Section 333 Exemption

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Page 12 of 15 representative. e-Partner will obtain permission from the prope rty owner/controller or authorized representative prior to each flight to be conduct ed.

PRIVACY

e-Partner’s use of the DJI Phant om 3 for aerial photography and video imagery, as specified above, will not implicate any privacy concerns. Since e-Partner will o nly commercially operate the sUAS models at the request of the pr operty and/or business owner(s), e-Partner will have the express consent and permission of the property and/or business owner(s) prior to flying over private property. Nevertheless, e-Partner’ s use of the DJI Phantom 3 po ses no greater privacy concerns than the use of traditional fixed wing or rotorcraft aircraft f or similar commercial operations.

Should e-Partner’s commercial s UAS activity require aerial base d photographic and video imagery, images taken will be of individuals who have consented to being photographed/filmed or otherwise have agreed to be in th e area where aerial photograph ic or video imagery will take place.

PUBLIC INTEREST AND SAFETY

Unlike traditional fixed wing or r otorcraft aircraft, the use o f the DJI Phantom 3 for aerial photographic and video imagery promotes public interest and saf ety. Whereas a traditional fixed wing or rotorcraft aircraft is large, heavy, noisy, require fla mmable fuels and manned operators (placing the pilot’s life in je opardy should there be an emerge ncy), the DJI Phantom 3 is small, light, quite, does not require fla mmable fuels or a manned oper ator (i.e. not risking human life for the purpose of operation).

The use of e-Partner’s DJI Phantom 3 also benefits the public f rom a safety persp ective since this

sUAS model does not run on fossil fuels. Since the DJI Phantom 3 is battery powered, the use of the DJI Phantom 3 over the traditional fixed wing or rotorcraft aircraft will be more environmentally and ecologically friendly. In addition to the n on-use of flammable fuels, given the extremely light weight of the DJI Phantom 3, should an emer gency result in a forced landing, injury to property or persons would be negligible compared to t he catastrophic injury to property or persons that would result in an emergency landing of a tradi tional fixed wing or rotorcraft

aircraft.

Apart from the added safety benefits of sUAS flight operations, the use of the DJI Phantom 3 for the above noted aerial based applications creates new economic opportunities that could fuel the continued growth of aviation and aviation related interests. Co nsequently, the public will benefit

from the use of sUAS models for c ommercial purposes as companie s like e-Partner will provide new jobs and economic opportuni ties, fueling innovation and cre ativity.

REGULATIONS FROM WHICH EX EMPTION IS REQUESTED

14 CFR §§ 61.23(a) and (c): Medical Certificates Requirement an d Duration

e-Partner requests exemption from 14 CFR §§ 61.23(a) and (c) wh ich provides for certain flight operations requiring medical certificates. e-Partner’s petition for exemption provides an equivalent level of safety in that e-Partne r would require a DJI Phantom 3 PIC to hold either a current medicalPetition for Section 333 Exemption

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Page 13 of 15 certificate, of any class, or a valid U.S. Driver’s License. e- Partner’s petition for exemption provides an equivalent level of safety as provided in 14 C.F.R. §§61.23(a) and (c).

14 C.F.R. §§ 61.101(e)(4) and (5): Recreational Pilot Privilege s and Limitations; 14 C.F.R. § 61.113(a): Private Pilot Privileg es and Limitations: Pilot in C ommand; and 14 C.F.R. §61.315(a): What Are The Privileges and Limits of My Sport Pilo t Certificate?

e-Partner requests exemption from 14 C.F.R. §§ 61.101(e)(4) an d (5) which prohibits recreational pilots from receiving compensation for hire or providing flight services in furtherance of a business, respectively. In addition, e-Partner requests exempt ion from 14 C.F.R. §61.113(a), which prohibits a certificated private pilot from receiving com pensation or flying for hire when acting as PIC; and from 14 C.F.R. §61.315(a), which provides th e holder of a sport pilot certificate may only act as pilot in command of a light-sport aircraft.

e-Partner’s petition for exemp tion provides an equivalent level of safety in that e- Partner requires the DJI Phantom 3 PIC, at the bare minimum, to hold the privile ges of a sport pilot certificate under 14 C.F.R. §61 Subpart J, hol d either a medical certificat e or valid U.S. Driver’s License, and to demonstrate proficiency in the PIC’s ability to safely opera te the DJI Phantom 3 in a manner consistent with how the sUAS will be operated under this petiti on for exemption.

Distinct comparisons between the commercial activities of e-Par tner and other businesses operating traditional fixed wing or rotorcraft aircraft expose the unnecessary limitations placed upon sport, recreational and privat e certificated pilots when c onsidering PIC privileges of commercial sUAS flight operation s. Whereas requiring pilots of traditional fixed wing and rotorcraft aircraft to hold commercial and Airline Transport Pi lot (ATP) ratings ensures that the pilots possess the necessary skills, training and experience to safely transport persons and/or cargo from the point of departure to t he intended point of destinatio n, the same correlation for sUAS pilots and should not apply to the sUAS flight operations of e- Partner. In the case of e-Partner’s sUAS flight operations, no persons or third-party cargo will be carried by the DJI Phantom 3 during

e-Partner’s aerial based commercial operations.

Additionally, unlike traditional fixed wing or rotorcraft aircr aft, which must traverse over a greater distance, greater amount of prope rty, and a greater amount of p eople in order to get from the point of departure to the intended point of destination, e-Partner’s sUAS will only fly over property authorized by e-Partner’s clients. In other words, the DJI Phan tom 3 will not have to originate flight from a different location and traverse over the properti es of disinterested parties in order to fulfill the purpose of e-Partner’s flight operations. As such, the risk of injury to disinterested parties is substantially decreased by th e use of a sUAS for aerial base d agricultural applications, as well

as search and rescu e operations.

Consequently, e-Partne r’s requirement that the DJI Phantom 3 PI C hold, at least, a sport pilot certificate provides an equivalent level of safety to the requi rement that a commercial or ATP rated pilot transport persons and/or cargo for hire in manned aircraf t.Petition for Section 333 Exemption

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Page 14 of 15 14 C.F.R. § 91.7(a): Civil Ai rcraft Airworthiness

e-Partner requests an exemption from 14 C.F.R. §91.7(a) which p rohibits the operation of civil

aircraft unless it is in airwo rthy condition. As there will be no airworthiness certif icate issued for e-Partner’s DJI Phantom 3 models, no standard will exist for de termining airworthiness. In any event, e-Partner ’s proposed F light Conditions and Operating Pr ocedure will ensure an equivalent level of safety with 14 C.F.R. §91.7(a).

14 C.F.R. § 91.119(c): Minimum Safe Altitude: General

e-Partner requests an exemption from 14 C.F.R §91.119(c) which provides that except when necessary for takeoff or landing, no person may operate an airc raft below an altitude of 500 feet above the surface. Furthermore, this section provides that an a ircraft may not be operated closer than 500 feet to any person, vessel, vehicle, or structure. e-P artner ’s petition requests that the DJI Phantom 3 be flown at an altitude no higher than 400 feet AGL a nd, when complying with the conditions set forth in §23(b) o f e-Partner’s Flight Conditions and Operating Procedures, at

distances closer than 500 feet f rom any person, vessel, vehicle , or structure.

The requirement that the DJI Phantom 3 maintain 400 feet or les s AGL helps ensure that signal connectivity between the transmitter and receiver will not be l ost. In addition, this height restriction

ensures that the PIC will be able to maintain VLOS while simult aneously limiting the possibility

of the sUAS models’ interfer ence with other NAS traffic.

Traditional principles requiring a 500 foot AGL minimum for fix ed-wing or rotorcraft aircraft stemmed from a desire to protect the public should the need for a forced landing arise due to an unforeseen emergency situation or loss of power. These same con cerns are not present with the DJI Phantom 3. e-Partner’s sUAS models are extremely lightweigh t and small. Any injury to property or person would be negligible when compared to the cat astrophic damage that a fixed wing or rotorcraft aircraft woul d inflict due to a forced landi ng. Consequently, e-Partner’s Flight Conditions and Operating Procedur es provide for an equivalent l evel of safety when compared to 14 C.F.R §91.119(c).

14 C.F.R. §91.121: Altimeter Settings

e-Partner requests exemption from 14 C.F.R. §91.121 which provi des guidelines for the use of altimeter settings while operati ng an aircraft. e-Partner’s pet ition for exemption provides an equivalent level of safety such that the DJI Phantom 3 PIC will be able to determine the AGL height of the sUAS model due to GPS technology. The AGL height of the sUAS will be displayed for the PIC during all flight operations. As such, the PIC will be able to maintain the requirement

that the DJI Phantom 3 fl y no higher than 400 feet AGL during a ll flight operations.

14 C.F.R. §91.151(a)(1): Fuel Requi rements For Flight In VFR Co nditions

e-Partner requests exemption from 14 C.F.R. §91.151(a)(1) which provides that no person may begin a flight in an airplane under VFR conditions with less th an 30 minutes of reserve fuel. ePartner’s petition for exemption provides an equivalent level o f safety due to e-Partner’s prohibition against the PIC from beginning a flight unless (con sidering wind and forecast weatherPetition for Section 333 Exemption

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Page 15 of 15 conditions) there is enough availa ble power for the sUAS model to conduct the intended operation and to operate after that for at least 5 minutes or with the re serve power recommended by the manufacturer if greater.

Given the design and technology of the DJI Phantom 3, e-Partner ’s PIC will have access to all relevant information concerning the sUAS model’s battery life. The PIC will be able to make an accurate determination as to whether the PIC can comply with e- Partner’s “fuel” requirements for each flight. Consequently, e-Partner’s Flight Conditions and Op erating Procedures provide for an equivalent level of safety w hen compared to 14 C.F.R §91.151(a) (1).

14 C.F.R. §91.405(a): Maintenanc e Required; 14 C.F.R. §91.407(a )(1): Operation After Maintenance, Preventative Maint enance, Rebuilding, Or Alteratio n; 14 C.F.R. §§ 91.409(a)(1) and (2): Inspections ; 14 C.F.R. 91.417(a) and (b): Maintenance Records

e-Partner requests exemption from the following F.A.Rs: 14 C.F. R. §91.405(a), which provides the owner or operator of aircraft shall have the aircraft inspe cted pursuant to Subpart E of 14 C.F.R; 14 C.F.R. §91.407(a)(1), which provides that no person may oper ate any aircraft having undergone preventive maintenance unless approved for return to service by a person authorized under §43.7; 14 C.F.R. §§91.409(a)(1) and (2), which provides that no person may operate an aircraft within the preceding 12 calendar months unless an annual inspection ha s been performed; and 14 C.F.R. §§91.417(a) and (b), which provides for the recording of an air craft’s maintenance if the aircraft

holds an airworthine ss certificate.

e-Partner’s petition for exemp tion provides an equivalent level of safety since e-Partner requires compliance with the sUAS manufacturer’s maintenance, overhaul, replacement, inspection, and life limit requirements for the DJI Phantom 3. Due to the natur e of a sUAS, compliance with certain maintenance requirements under Subpart E of 14 C.F.R. are eithe r impossible or cost prohibitive to implement when applied to a sUAS. As such, e-Partner should be exempt from these regulations as e-Partner’s Flight Conditions and Operating Procedures provi de for an equivalent level of safety when compared to these F.A.R.s.