Sept 9 th

, 2015

U.S. Department of Transportation

Docket Management System

1200 New Jersey Ave., SE

Washington, DC 20590

Re: Petition of Bloomfield PDC LLC dba Drone Air Pros for an Exemption Pursuant to

Section 333 of the FAA Modernization and Reform Act of 2012

To Whom it May Concern:

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 ("Reform Act") and

14 C.F.R. Part 11, Bloomfield PDC LLC dba Drone Air Pros ( Drone Air Pros ) hereby applies for an

exemption from the Federal Aviation Regulations ("FARs") identified below to allow commercial

operation of small unmanned aerial vehicles ( i.e., "small unmanned aircraft" or " UAS ”) for providing

aerial photography and videography for the real estate residential, commercial and industrial indus try,

property mapping and inspections.

This petition for exempti on addresses pertinent FAA FAR’s and CFR’s as well as, but not

limited to, these accompanyin g Drone Air Pros’ documents.

1. Flight Operations Manual and;

2. Operations Manuals

(collectively referred to as Operations Manuals")

3. User Guide and;

4. User Manual

(collectively referred to as "Manufacturer's Manual"). 1

Drone Air Pros submits these as well as other Drone Air Pros supporting materials as confidential

documents pursuant to 14 C.F.R. § 11.35 (b), as the materials contain confidential commercial and/or

proprietary information that the Drone Air Pros has not and will not sh are with others. Additionally,

these documents contain operating conditions and procedures that are not generally available to the

public and are protected from release under the Freedom of Information Act, 5 U.S.C. §552 et seq.

1 The term "Manufacturer's Manual" also includes all relevant manufacturer publications, including, but

not limited to: operations and flight manuals, user guides, component maintenance manuals, pilot

training manuals, service information letters and, safety/service bulletins).U.S. Department of Transportation

Sept 9 th

, 2015

Page 2

This Petition is organized as follows:

I. Petitioner

II. Description of Proposed Operations

A. Real Estate Aerial Photography, Videography and Inspection Service

III. Relevant Statutory Authority

IV. Drone Air Pros Proposed DJI Phantom 3 Operations Meet the Requirements of

Section 333 of the Reform Act

A. Approval is Warranted Based on the DJI Phantom 3 's Size, Weight, Speed, and

Operational Capability

B. Approval is Warranted Based on the Operational Restrictions Set Forth in the Operations

Manuals

V. Regulations From Which Exemption is Requested

A. 14 C.F.R. Part 21, Subpart H

– Airworthiness Certificates and 14 C.F.R. §

91.203(a)(1) B. 14 C.F.R. Part 27 Airworthiness Standards: Normal Category Rotorcraft

C.14 C.F.R. §§ 91.9(c), 45.23(b) and 45.2 7(a): Aircraft Marking and Identification

Requirements D. 14 C.F.R. § 91.405(a), 91.407(a)(1), 91.409(a)(1) and (2); 91.417(a) and (b):

Maintenance Inspections

E. 14 C.F.R. Part 61, 14 C.F.R. § 61.3, 14 C.F.R. § 61.113: Private Pilot Privileges and Limitations

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

G. 14 C.F.R. § 91.9(b)(2): Civil Aircraft Flight Manual in the Aircraft and 14 C.F.R. § 91.203(a)

and (b): Carrying Civil Aircraft Certification and Registration

H. 14 C.F.R. § 91.103: Preflight Action

I. 14 C.F.R. § 91.109(a): Flight Instruction

J. 14 C.F.R. § 91.119(c): Minimum Safe Altitudes

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

L. 14 C.F.R. § 91.151(a): Fuel Requirements for Flight in VFR Conditions

VI. Drug and Alcohol Program

VII. Public Interest

VIII. Privacy

IX. Federal Register Summary

X. ConclusionU.S. Department of Transportation

Sept 9 th

, 2015

Page 3

I. DESCRIPTION OF PETITIONER

Drone Air Pros is based in Pinehurst, NC , working in photography and videography services. The

Company specializes in, and will continue to focus on, the videography of property and real estate for sales

purposes as well as property mapping, inspections, and 3D compositing

. The Company’s Principal has been

building and flying sUAV Quadcopters as a hobby for more than two years without incident, spending

thousands of hours flying as well as years of video production experience. The work generated provides a

major source of all of our income.

The contact information for Petitioner is as follows:

Ja son P Snyder

Bloomfield PDC LLC dba

Drone Air Pros

92 Aviemore Dr

Pinehurst, NC 28374

Phone: 919.980.0037

Email: jsnyder@bloomfieldpdc.com

II. DESCRIPTION OF PROPOSED OPERATION

Drone Air Pros seeks an exemption pursuant to Section 333 of the Reform Act to operate the DJI Phantom

3 for the proposed operations discussed below. DJI Phantom 3 operations will occur under tightly

controlled conditions on private property where Drone Air Pros has re ceived permission to operate from

the landowner, controller or authorized representatives. The proposed DJI Phantom 3 operations will be

conducted in accordance with the conditions and limitations of this Petition for Exemption and Drone Air

Pros’ Operatio ns Manuals. As detailed in Drone Air Pros’ Operations Manuals, DJI Phantom 3 operations

will be limited to daytime VFR conditions, within visual line

- of

- sight ("VLOS") of the operator, in

uncontrolled airspace, and will occur at least 5 nm away from an airport. Moreover, Drone Air Pros’

Operations Manuals incorporate redundant safeguards to assure that the aircraft does not travel outside the

controlled area of DJI Phantom 3 operations, including GPS "geo

- fencing" technologies.

A. Real Estate Aerial Photography. Videography and Inspection Service

Drone Air Pros seeks to use DJI Phantom 3 s for the purpose of conducting aerial photography,

videography and inspection services for the real estate industry.U.S. Department of Transportation

Sept 9 th

, 2015

Page 4

Company has tailored its operations to meet the requirements established by the FAA in prior grants of

exemptions authorizing the commercial use of UAS in general photography and videography and the

same for the production of video in the real estate industry including:

Team 5, LLC (Exemption No. 11158)

Alan D. Purwin (Exemption No. 11161)

T rudeau, Realtor® (Exemption No. 11138)

Alon Sicherman (Exemption No. 11728)

Sokoler Medly (Exemption No. 11341)

U AS real estate photography and videography operations will be conducted on private property in

a controlled area, away from spectators and persons not involved in the video production. UAS video

photography will be conducted during daylight hours, VFR conditions, at altitudes below 400' AGL. As

set forth below, Company ’s operations provide a superior level of safety and quality compared to

performing the same filming work using conventional fixed

- wing aircraft or helicopters.

Traditional methods of real estate video production and inspection of structures

, expose

videographer

- inspectors to higher risks of serious injuries, or death. Videographer

- inspectors need to

climb roof tops or otherwise perform elevated work, which exposes them to the risk of dangerous falls,

electrocution or other work related extre mes. In addition, depending on the nature of the video needed

and inspection, proximity to equipment, and other mechanical hazards associated with industrial sites

and construction facilities often involves a risk of exposure to hazardous. The use of DJI P hantom 3 s

mitigates these hazards and is ultimately a much safer method of performing these and most other

types of inspections.

DJI Phantom 3 real estate video production and inspection of structures is much safer than

traditional manned aircraft performing the same function. Conventional operations using rotorcraft and

fixed

- wing aircraft in low level operations present very high risks with vehicles weighing thousands of

pounds, carrying passengers and large amounts of fuel. It is important to not e that the use of small DJI

Phantom 3 in this area will not only be safer and more cost effective, but the quality of collected data

and information is far superior.

DJI Phantom 3 real estate video production and inspection of structures is more reliable, and

allows for the collection, dissemination, and storage of visual content and other sensory data with

greater precision and duration. DJI Phantom 3 s are also capable of accessing finish and structural

quality through the use of video and inspecting area s that would otherwise be inaccessible to humans

and would be impossible to be completed with conventional aircraft or other inspection methods.U.S. Department of Transportation

Sept 9 th

, 2015

Page 5

III. RELEVANT STATUTORY AUTHORITY

This Petition for Exemption is submitted pursuant to Section 333(a) through (c) of the FAA

Modernization and Reform Act of 2012 ("Reform Act"). Congress has directed the FAA "to safely

accelerate the integration of civil unmanned aircraft systems into the national airspace system."

Pursuant to Section 333 of the Reform Act, the FAA Administrator is to permit unmanned aircraft

systems to operate in the National Air Space ("NAS") where it is safe to do so based on the following

considerations:

● The DJI Phantom 3 's size, weight, speed and operational capability;

● Ope ration of the DJI Phantom 3 in close proximity to airports and populated areas; and

● Operation of the DJI Phantom 3 within the visual line of sight of the operator.

Additionally, the FAA Administrator has general authority to grant exemptions from the age ncy's

safety regulations and minimum standards when the Administrator decides a requested exemption is in

the public interest. See 49 U.S.C. § 106(f) (defining the authority of the Administrator); 49 U.S.C. §

44701(f) (permitting exemptions from §§ 44701(a ), (b) and §§ 44702

– 44716, et seq. ). A party

requesting an exemption must explain the reasons why the exemption: (1) would benefit the public as a

whole, and (2) would not adversely affect safety (or how it would provide a level of safety at least

equal to the existing rules). See 14 C.F.R. § 11.81 (petitions for exemption).

IV. REAL ESTATE SHOWCASES’ PROPOSED DJI Phantom 3 OPERATIONS

MEET THE REQUIREMENTS OF SECTION 333 OF THE REFORM ACT

The small DJI Phantom 3 operations proposed by Drone Air Pros in this Petition for Exemption

qualify for expedited approval pursuant to Section 333 of the Reform Act as each of the statutory

criteria and relevant factors are satisfied.

A. Approval is Warranted Based on the DJI Phantom 3 's Size, Weight, Speed, and

Operational Capability

A Grant of Exemption is appropriate for operations conducted using the DJI Phantom 3 s due to its size

weight, speed, and operational capability.U.S. Department of Transportation

Sept 9 th

, 2015

Page 6

 The DJI Phantom 3 s have been approved for use in prior Section 333 Gran ts of Exemption from the

FAA. 2

 The DJI Phantom 3 s weigh less than 55 pounds, including payload.

 The DJI Phantom 3 s will not be flown at a ground speed in excess of 50 knots.

 Altitude information will be generated by equipment onboard the UA as specified using GPS

triangulation, digitally encoded barometric altimeter, radio altimeter, or any combination thereof.

This information will be transmitted to the pilot via telemetric data feed.

 The DJI Phantom 3 s will have system redundancies and independent functionality to ensure the

overall safety and predictability of the system. If connection to the remote control or ground

control station is lost, failsafe systems will permit the DJI Phantom 3 to return to a predetermined

location and safely land without injury or damage.

 The radio frequencies used for operations and control of the DJI Phantom 3 comply

with the Federal Communications Commission ("FCC") and other appropriate

government oversight agency requirements. The operating frequency for DJI

Phantom 3 s are 2.4 GHz.

If the same operations were conducted using a helicopter, the aircraft's take

- off weight would likely exceed

6,000 pounds carrying a pilot, camera operator and VO

- visual observer

- navigator. The difference in

weight between DJI Phantom 3 s and a helicopter significantly reduces the potential harm to the

participating and non

- participating individuals or property in the event of an accident or incident. In

addition, the risk to the onboard pilot and camera operator is eliminated.

2 See e.g ., Grant of Exemption to Shotover Camera Systems L.P. (Exemption No. 11159); Grant of

Exemption to VDOS Global, LLC (Exemption No. 11112); Grant of Exemption to Low Country RC, Corp.

(Exemption No. 11184); Grant of Exemption to Alan Purwin (Exemption No . 11161); Grant of Exemption

to Helinet Aviation Services (Exemption No. 11160); Grant of Exemption to Total

Safety U.S., Inc. (Exemption No. 11156).U.S. Department of Transportation

Sept 9 th

, 2015

Page 7

B. Approval is Warranted Based on the Operational Restrictions Set Forth in Drone Air

Pros’ O perations Manuals

Drone Air Pros’ Operations Manuals and the Manufacturer's Manual for the selected DJI Phantom

3 s will contain all the procedures and limitations necessary to safely and successfully perform the

operations specified in this Petition for Exemption. To assist the FAA in making a safety assessment of

Drone Air Pros’ proposed operations, below is a summary of operational limitations and conditions that

Drone Air Pros will adhere to, and which will ensure an equivalent or higher level of safet y to operations

conducted under current regulatory guidelines:

1. The DJI Phantom 3 weighs less than 55 pounds, fully loaded.

2. All operations shall be conducted over private or controlled

- access property with permission from

the land owner/controller or auth orized representative. Permission from land owner/controller or

authorized representative will be obtained for each flight operation.

3. All DJI Phantom 3 s operated under the Grant of Exemption will be identified by serial

number, registered in accordance with 14 CFR part 47, and have identification (N

- Number)

markings in accordance with 14 CFR part 45, Subpart C. Markings will be as large as practicable.

4. Minimum crew for each flight operation will consist of a pilot, who will be Pilot

- in Command

("PIC") of the DJI Phantom 3 , and one or more Visual Observers ("Observer") as necessary to

safely conduct the mission.

5. PICs shall possess at least a Private Pilot's Certificate and current Class III Medical Certificate.

The PIC will also meet the flight review requirements specified in 14 C.F.R 61.56 in an aircraft in

which the PIC is rated on his or her pilot certificate.

6. The UA shall be operated within VLOS of the PIC and Observer at all times. The PIC must use

human vision unaided by any device other than corrective lenses, as specified on the PIC's FAA

issued medical certificate.

7. The PIC and Observer designated for any operation will be able to communicate verbally at all

times.

8. Electronic messaging or texting will not be permitted during flight operati ons.

9. The additional requirements identified in the Grant of Exemption shall be added to the Drone Air

Pros’ Operations Manuals.U.S. Department of Transportation

Sept 9 th

, 2015

Page 8

The Operations Manuals will be maintained and made available to the Administrator upon request. If

a discrepancy exists between the conditions and limitations in the Grant of Exemption and Drone Air

Pros’ Operations Manuals, the conditions and limitations in the Grant of Exemption shall take

precedence and must be followed. Otherwise, Drone Air Pros shall follow the procedures outlined in

their Operations Manuals.

10. Drone Air Pros may update or revise its Operations Manuals. Revisions will be tracked and a

revised copy of the Manual will be provided to the Administrator upon request. Drone Air Pros will

also present an updated and revised Operations Manuals if it petitions for extension or amendment to

its Grant of Exemption. If an update or revision would affect the basis upon which the FAA grants the

exemption, Drone Air Pros will seek an amendment to its Grant of Exemption. Drone Air Pros will

contact the FAA’s RE

- UAS Integration Office (AFS

- 80) if questions arise regarding updates or

revisions to the operating documents.

11. Drone Air Pros’ Operations Manuals and its Grant of Exemption will be available to the PIC

at the ground control station anytime the DJI Phantom 3 is operating.

12. The PIC is prohibited from beginning a DJI Phantom 3 flight unless (considering wind and

forecast weather conditions) there is enough power to fly to the first intended point of landing, and

assuming normal cruising speed, to fly after that for at least 10 minutes.

13. Maximum total flight time for each operational flight using the DJI Phantom 3 will be limited to

40 minutes or the amount of time the D JI Phantom 3 can be flown and still maintain a reserve battery

power of no less than 25%, whichever occurs first.

14. Flights will be operated at an altitude of no more than 400 feet AGL and will never enter

navigable controlled airspace without prior written authorization and approval from the FAA. In the

event the structure being inspected exceeds 400 feet AGL, the DJI Phantom 3 will not be operated

more than 100 feet above the highest point on the structure, and no more than 50 feet horizontally

from the st ructure.

15. Flight operations must be conducted at least 500 feet from all nonparticipating persons. (persons

other than the PIC, VO, operator trainees or essential personnel), vessels, vehicles, and structures

unless:

a) Barriers or structures are present that sufficiently protect nonparticipating persons from the

UA and/or debris in the event of an accident. The operator must ensure that nonparticipating

persons remain under such protection. If a situation arises where nonparticipating persons

leave such prote ction and are within 500 feet of the UA, flight operations must cease

immediately and/or;U.S. Department of Transportation

Sept 9 th

, 2015

Page 9

b) The aircraft is operated near vessels, vehicles or structures where the owner/controller of such

vessels, vehicles or structures has granted permission and the PIC has made a safety

assessment of the risk of operating closer to those objects and determined that it does not

present an undue hazard, and;

c) Operations nearer to the PIC, VO, operator trainees or essential persons do not present an

u ndue hazard to those persons per § 91.119(a).

16. The UA may not be operated less than 500 feet below or less than 2,000 feet horizontally

from a cloud or when visibility is less than three statute miles from the PIC.

17. The UA may not operate within 5 nm of an airport reference point as denoted on a current

FAA

- published aeronautical 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 Drone

Air Pros COA. The letter of agreement with the airport management will be made available to

the Administrator upon request.

18. Prior to each flight the PIC shall inspect the DJI Phantom 3 to confirm that it is in a

condition safe for flight. The pre

- flight inspection will acc ount for all discrepancies, e.g. inoperable

components, items, or equipment, not already covered in the relevant sections of the operating

documents. The PIC shall not operate the DJI Phantom 3 if the inspection reveals a condition that

affects the safe operation of the DJI Phantom 3 until the necessary maintenance has been performed

and the DJI Phantom 3 is found to be in a condition for safe flight. The ground control station shall

be included in the preflight inspection. All maintenance and altern ations must be properly

documented in the DJI Phantom 3 records as required by Drone Air Pros’ Operations Manuals.

19. Drone Air Pros will carry out its maintenance, inspections, and record keeping

requirements in accordance with the Operations Manuals. Maintenance, inspection, and alterations

will be noted in the DJI Phantom 3 records, including total time in service, description of work

accomplished, and the signature of the authorized person returning the DJI Phantom 3 to service.

20. Any DJI Phantom 3 th at has undergone maintenance or alterations that affect the DJI

Phantom 3 operation or flight characteristics ( e.g

., replacement of a flight critical component)

must undergo a functional test flight in accordance with Drone Air Pros’ Operations Manuals.

The PIC who conducts the functional test flight must make an entry in the DJI Phantom 3 aircraft

records of the flight. The requirements and procedures for a functional test flight and DJI Phantom

3 record entry shall be included in the Drone Air Pros’ Operations Manuals.U.S. Department of Transportation

Sept 9 th

, 2015

Page 10

21. The DJI Phantom 3 will be operated and maintained according to the Manufacturer's

Manuals and any required manufacturer Safety/Service Bulletins.

22. Prior to the operation, a Mission Packet will be created in accordance with the requirements

on Drone Air Pros’ Operations Manuals.

23. Drone Air Pros will obtain an Air Traffic Organization ("ATO") issued Certificate of

Waiver or Authorization, otherwise known as a COA, prior to conducting any operations under this

Grant of Exemption. A NOTAM will be issued as required by the COA. All operations will be

conducted in accordance with airspace requirements in the ATO issued COA including class of

airspace, altitude level and potential transpond er requirements.

24. All required permissions and permits will be obtained from territorial, state, county or city

jurisdictions, including local law enforcement, fire or other appropriate governmental agencies.

25. If the DJI Phantom 3 loses communication with the pilot, it will have the capability to

return to a pre

- determined location within the operational area and land safely.

26. Contingency plans will be in place to safely terminate flight if there is a loss of

communication between the PIC and the Observer.

27. The DJI Phantom 3 will have the capability to safely abort flight in the case of

unpredicted obstacles or emergencies.

28. PICs and Observers will have at least a current Class III Medical Certificate.

29. Prior to conducting operations for filming, the PIC will have accumulated and logged, in a

manner consistent with 14 CFR § 61.51(b), a minimum of 200 flight cycles and 25 hours total time

as a DJI Phantom 3 rotorcraft pilot and at least 10 hours logged as a DJI Phantom 3 pilot with a

similar RE

- UAS type.

30. Prior to conducting operations for filming, the PIC will have accumulated and logged, in a

manner consistent with 14 CFR § 61.51(b), a minimum of 54 CFR §61.51(b), a minimum of 10

logged hours as DJI Phantom 3 pilot ope rating the make and model of DJI Phantom 3 to be

utilized for operations under the exemption and thirty take

- offs and thirty landing in the

preceding 90 days.U.S. Department of Transportation

Sept 9 th

, 2015

Page 11

31. Operations shall occur during daytime VFR Meteorological Conditions; flights under

Special Visual Flight Rules ("SVFR") shall not be conducted.

32. The UA shall remain clear and yield the right of way to all other manned operations and

activities at all times (including, but not limited to, ultralight vehicles, parachute activities,

p arasailing activities, hang gliders, etc.).

33. DJI Phantom 3 Operations under Instrument Flight Rules, at night, or beyond VLOS are

prohibited.

34. The DJI Phantom 3 s will not be operated from an elevated platform or moving device /

vehicle.

35. Before conducting operations, the radio frequency spectrum used for operation and control

of the UA will comply with the Federal Communications Commission (FCC) or other appropriate

government oversight agency requirements.

V. REGULATIONS FROM WHICH EXEMPTION IS REQUESTED

Th e Federal Aviation Act expressly grants the FAA the authority to issue exemptions. This

statutory authority, by its terms, includes exempting civil aircraft, as the term is defined under § 40101 of

the Act, including DJI Phantom 3 s, from its safety regulations and minimum standards when the

Administrator decides a requested exemption is in the public interest. 3

Drone Air Pros seeks an exemption from several interrelated provisions of Title 14 of the Code of

Federal Regulations ("14 C.F.R") Parts 21, 45, 61 and 91 for purposes of conducting the requested

operations using a DJI Phantom 3 . Listed below are: (1) the specific sections of 14 C.F.R for which

exemption is sought, and (2) the operating procedures and safeguards that Petitioner has established which

will ensure a level of safety better than or equal to the rules from which exemption is sought. 4

3 49 U.S.C. § 44701(f) (authorizing the grant of exemptions from requirements of regulations prescribed

pursuant to Sections 44701(a) and (b) and Sections 44702

- 44716).

4 14 C.F.R § 11.81(e), which requires a petition for exemption to include:

The reasons why granting the exemption would not adversely affect safety, or how the exemption would

provide a level of safety at that provided by the rule from which you seek exemption.U.S. Department of Transportation

Sept 9 th

, 2015

Page 12

UNMANNED AIRCRAFT SYSTEM

A. 14 C.F.R. Part 21, Subpart H

– Airworthiness Certificates and 14 C.F.R. § 91.203(a)(1)

The FAA has stated that no exemption is needed from this section if a finding is made under the

Reform Act that the DJI Phantom 3 selected provides an equivalent level of safety when compared to

aircraft normally used for the same application. These criteria are met, and therefore no exemption is

needed. 5 If, however, the FAA determines that ther e are some characteristics of the chosen DJI Phantom 3

that fail to meet the requirements of the Reform Act, an exemption is requested.

Equivalent Level of Safety

Drone Air Pros’ use of the DJI Phantom 3 is safe when taking into account their size, weight,

speed, and operational capability. As set forth in the description of proposed operations in Section IV (A),

the RE

- UAS weighs less than 55 pounds, including payload and will not be flown at a ground s peed in

excess of 50 knots. DJI Phantom 3 is also equipped with safety features that will allow Petitioner to

operate the DJI Phantom 3 safely after experience certain in

- flight contingencies or failures. 67

5 See Grant of Exemption No. 11062 to Astraeus Aerial (FAA

- 2014

- 0352 at pgs. 13

- 14, 22).

6 See e.g ., Grant of Exemption No. 11184 to Low Country RC, Corp. (FAA

- 2014

- 0803 at pg. 3):

"The DJI Phantom 3 have the capability to operate safely after experiencing certain in

- flight contingencies

or failures an d uses an auto

- pilot system to maintain DJI Phantom 3 stability and control. The DJI Phantom

3 is also able to respond to a loss of global positioning system (GPS) or a lost

- link event with a pre

coordinated, predictable, automated flight maneuver, and manual flight control functionality as a backup.

These safety features provide an equivalent level of safety compared to a manned aircraft performing a

similar operation."

7 See e.g ., Grant of Exemption No. 11184 to VDOS Global, LLC. (FAA

- 2014

- 0382 at pgs . 4

- 5):

The DJI Phantom 3 ’ s can be operated entirely by a touch

- screen, map

- based interface. This means the

operator only needs to command the system where to go, and the system does all the flying for the

operator. The DJI Phantom 3 can be operated in both semi and fully autonomous flight modes, with the

operator simply clicking on a map to create a pre

- planned flight path for a flight. In addition, the operator

can create no fly zones or maximum flight ranges and altitudes so the sy stem cannot

enter areas

{footnote continued}U.S. Department of Transportation

Sept 9 th

, 2015

Page 13

Additionally, the DJI Phantom 3 s carry neither pilots nor passengers, carry no explosive materials or

flammable liquid fuels, and operate exclusively within the parameters stated in Drone Air Pros’

Operations Manuals.

Operations conducted under this exemption will be closely controlled and monitored by the

operator and will be conducted in compliance with local public safety requirements, to provide security

for the area of operation. Drone Air Pros will also provide the FAA with advance notice of all

operations via NOTAMs as required by the applicable COA. In all cases, operation of the DJI Phantom

3 under the proposed conditions will be at least as safe as, or safer than, conventional rotorcr aft

operating with an airworthiness certificate.

Lastly, the DJI Phantom 3 s do not need a means to communicate with other aircraft or ATC,

because those capabilities will be possessed by the PIC and Observer, who are not onboard the DJI

Phantom 3

. 8 In addi tion, no sense

- and

- avoid technology is necessary for the DJI Phantom 3 s because

they will be operated at all times in VFR conditions and within VLOS of the PIC and Operator. 9

B. 14 C.F.R. Part 27 Airworthiness Standards: Normal Category Rotorcraft

Title 14 C.F.R. Part 27 sets forth the procedural requirements for airworthiness certification of

normal category rotorcraft. To the extent that Company's small UASs would otherwise require

certification under Part 27, Petitioner seeks an exemption from Part 27's

{continued from previous page}

deemed unsafe or unnecessary to fly over. The petitioner states further that the DJI Phantom 3 has built

- in

intelligent fault handling which allows the Phantom II and S1000+ to detect a system fault while in the air

and automatically fly back to its takeoff location and land. Faults that can be detected include: loss of

communication; exceeding pre

- set wind thresholds; and low battery levels.

All flight operations are global positioning system (GPS) controlled, making the system easy to

navigate. At any point if the operator is not explicitly commanding the system to move, the system

automatically holds its GPS position. The flight control system employs not only GPS positioning but a

variety of sensors including sonar, barometric pressure, temperature, wind speed and others to ensure

stability so long as wind thresholds are not exceeded. Also a flight termination link

– to prevent a 'fly away'

or other potentially dangerous situation

– is available to the operator.

8 See Grant of Exemption No. 11062 to Astraeus Aerial (FAA

- 2014

- 0352 at pg. 13).

9 Id.U.S. Department of Transportation

Sept 9 th

, 2015

Page 14

C. 14 C.F.R. §§ 91.9(c), 45.23(b) and 45.27(a): Aircraft Marking and Identification

Requirements

Drone Air Pros seeks an exemption from the aircraft marking and identification requirements contained

in 14 C.F.R. §§ 91.9(c), 45.23(b) and 45.27(a).

● 14 C.F.R. § 91.9(c), Civil Aircraft Flight Manual, Marking and Placard requirements, provides

that:

No person may operate a U.S.

- registered civil aircraft unless tha t aircraft is identified in

accordance with Part 45 of this chapter.

● 14 C.F.R. § 45.23(b), Markings of the Aircraft, states:

When marks include only the Roman capital letter "N" and the registration number is displayed on

limited, restricted or light

- sport category aircraft or experimental or provisionally certificated

aircraft, the operator must also display on that aircraft near each entrance to the cabin, cockpit,

or pilot station, in letters not less than two inches nor more than six inches high, the words

"limited," "restricted," "light

- sport, "Experimental," or "provisional," as applicable.

● 14 C.F.R. § 45.27(a), Rotorcraft, states:

Each operator of a rotorcraft must display on that rotorcraft horizontally on both surfaces of the

cabin, fu selage, boom, or tail the marks required by § 45.23.

In a previous Grant of Exemption, the FAA determined that exemption from these requirements

was warranted provided that the aircraft "have identification (N

- Number) markings in accordance

with 14 C.F.R Part 45, Subpart C if the markings are as large as practicable." 10

Equivalent Level of Safety

All UA flown by Drone Air Pros will bear N

- number markings that are as large as

practicable in accordance with 14 C.F.R. Part 45, Subpart C. 11

_________________ _______________________

10 FAA Docket No. FAA

- 2014

- 0352.

11 See, e.g., FAA Docket No. FAA

- 2014

- 0352, at 14.U.S. Department of Transportation

Sept 9 th

, 2015

Page 15

D. 14 C.F.R. § 91.405(a), 91.407(a)(1), 91.409(a)(1) and (2); 91.417(a) and (b): Maintenance

Inspections

Drone Air Pros seeks an exemption from the maintenance inspection requirements

contained in 14 C.F.R. § 91.405(a), 91.407(a)(1), 91.409(a)(2); 91.417(a) and (b). These

regulations specify maintenance and inspection standards in reference to 14 C.F.R. Part 43. See,

e.g.

, 14 C.F.R. § 91.405(a) (stating that each owner or operator of an aircraft "shall have the aircraft

inspected as prescribed in subpart E of this part and sha ll between required inspections have

discrepancies repaired as prescribed in part 43 of this chapter"). An exemption from these

regulations is needed because Part 43 and these sections only apply to aircraft with an airworthiness

certificate, which the DJI Phantom 3 to be operated under this grant of exemption will not have.

Equivalent Level of S afety

An equivalent level of safety will be achieved because maintenance and inspections will be

performed in accordance with the Manufacturer's Manual and any required manufacturer Safety or Service

Bulletins. Further, as required by Drone Air Pros’ Oper ations Manuals, the PIC will conduct a pre

- flight

inspection of the DJI Phantom 3 and all associated equipment to account for all discrepancies and/or

inoperable components. Maintenance will be performed and verified to address any conditions potentially

affecting safe operation of the DJI Phantom 3 and no flights will occur unless, and until, all flight critical

components of the DJI Phantom 3 have been found to be airworthy and in a condition safe for operation. A

functional test flight will be conducted following the replacement of any flight

- critical components. As

required by Drone Air Pros’ Operations Manuals, the PIC who conducts the functional test flight will make

an entry in the DJI Phantom 3 aircraft records of the flight.

Drone Air Pros’ Operat ions Manual also includes requirements to follow the manufacturer ’ s DJI

Phantom 3 aircraft/component, maintenance, overhaul, replacement, inspection, and life limit

requirements for the following applicable components: powertrain system (powerplant), prope llers,

avionics and control surfaces (including ailerons/elevons), structures & airframe, camera system,

electrical systems (including batteries), ground control station, hazard accessories, and spare parts.

Further, Drone Air Pros’ Operations Manuals also includes procedures to document and maintain a record

of the DJI Phantom 3 maintenance, preventative maintenance, alterations, and status of replacement

/overhaul component parts, and the total time in service of the DJI Phantom 3 s used under this Grant o f

Exemption. As a whole, the maintenance and inspection procedures required in Drone Air Pros’

Operations Manuals ensure that an equivalent or higher level of safety will be achieved.U.S. Department of Transportation

Sept 9 th

, 2015

Page 16

PILOT

- IN

- COMMAND OF THE UAS

E. 14 C.F.R. § 61.113: Private Pilot Privileges and Limitations

Drone Air Pros seeks exemption from 14 CFR § 61.113, which restricts private pilot certificate

holders from flying aircraft for compensation or hire, and would also require a second class medical certificate.

The purpose of Part 61 is to ensure that the skill and competency of any PIC matches the airspace in which the

PIC will be operating, as well as requiring certifications if the private pilot is carrying passengers or cargo for

hire. In this case, while the DJI Phantom 3 s will be operated as part of a commercial operation, it carries neither

passengers nor cargo.

In the Grant of Exemption to Astraeus Aerial.12, the FAA determined that the unique characteristics

of DJI Phantom 3 operation outside of controlled airspace did not warrant the addition cost and restrictions

attendant with requiring a the PIC to have a Commercial Pilot Certificate and Class II Medical Certificate.

The fulfillment of the additional requirements for a pr ivate pilot to become qualified as a commercial pilot

would not lead to any additional safety benefits when DJI Phantom 3 operations are involved.

Equivalent Level of Safety

The Drone Air Pros restrictions have placed on its DJI Phantom 3 operations meet or exceed the

restrictions similarly imposed on Astraeus Aerial. Drone Air Pros will operate on private property away

from persons and property not involved in the operation. Drone Air Pros will also obtain an ATO issued

COA prior to condu cting any operations under this Grant of Exemption. All operations will be conducted

in accordance with airspace requirements in the ATO issued COA including class of airspace, altitude

level and potential transponder requirements. A NOTAM will also be iss ued as required by the applicable

COA.

In addition to these flight restrictions, Drone Air Pros will further ensure safe operation by

requiring that any PIC be thoroughly versed not only in airspace and communication issues pertaining to

all aircraft operators but also in the unique aspects of DJI Phantom 3 flight. As set forth in the Operations

Manuals, pilots will have experience not only in DJI Phantom 3 operations generally but have logged

flight time in the specific make and model used fo r the operations before they are permitted to participate

in commercial flights on behalf of Drone Air Pros . The pilot qualification, training, and currency

requirements in the Operations Manuals ensure that Drone Air Pros pilots are competent and proficie nt in

the DJI Phantom 3 they are operating. Drone Air Pros’ training and qualification requirements are

consistent with those contained in prior FAA Section 333 Grants of Exemption, and will provide a higher

level of competency and proficiency for its pilo ts and will ensure at least an equivalent level of safety.

12 Exemption No. 11062 (FAA Docket No. FAA

- 2014

- 0352).U.S. Department of Transportation

Sept 9 th

, 2015

Page 17

OPERATING PARAMETERS OF THE DJI Phantom 3

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

Although there will be no airworthiness certificate issued for the DJI Phantom 3 s, Drone Air Pros

seeks an exemption from 14 C.F.R. § 91.7(a), which requires that a civil aircraft be in airworthy

condition to be operated. The FAA has stated that no exemption is req uired for 14 C.F.R. § 91.7(a) to the

extent that the requirements of Part 21 are waived or found inapplicable. 13 Accordingly, Petitioner

requests that the requirements for § 91.7(a) be treated in accordance with Section V (A), supra.

G. 14 C.F.R. § 91.9(b)(2): Civil Aircraft Flight Manual in the Aircraft and 14

C.F.R. 03(a) and (b): Carrying Civil Aircraft Certification and Registration

Title 14 C.F.R. § 91.9(b)(2) and § 91.203(a) and (b) require the operator to carry airworthiness

documents and other airc raft manuals onboard the aircraft. Pursuant to 14 C.F.R. § 91.9(b)(2):

... (2) For which an Airplane or Rotorcraft Flight Manual is required by § 21.5 of this chapter, unless

there is available in the aircraft a current approved Airplane or Rotorcraft Flight Manual, approved manual

material, markings, and placards, or any combination thereof.

Pursuant to 14 C.F.R. § 91.203(a) and (b):

(1) Except as provided in § 91.715, no person may operate a civil aircraft unless it has within it the

following:

(2) An appropriate and current airworthiness certificate...

(b) No person may operate a civil aircraft unless the airworthiness certificate required by

paragraph (a) of this section or a special flight authorization issued under § 91.715 is displayed at the cabin

or cockpit entrance so that it is legible to passengers or crew.

13 See id. at 13

- 14, 22U.S. Department of Transportation

Sept 9 th

, 2015

Page 18

Given the small size and configuration of the DJI Phantom 3 s, it would be impossible to keep

airworthiness documents and other aircraft manuals on board the DJI Phantom 3 because there is simply no

room and the DJI Phantom 3 has no cabin or cockpit.

Equivalent Level of Safety

In an FAA Office of Chief Counsel's Opinion dated August 8, 2014, and prepared by Dean E.

Griffith, Attorney, AGC

- 220, it was acknowle dged that the intent of 14 C.F.R. 91.9(b) and 91.203(a) and

(b) is met if the pilot of the unmanned aircraft has access to the DJI Phantom 3 flight manual, registration

certificate, and other required documents from the ground control station from which he or she is operating

the aircraft. 14 As this FAA Office of Chief Counsel Opinion clarifies, the intent of the rule is to ensure the

pilot has access to these key documents during flight. Therefore, an equivalent level of safety will be

achieved by ensuring that the pilot has access to the documents at the ground control station from which he

or she is piloting the DJI Phantom 3

.

H. 14 C.F.R. § 91.103: Preflight Action

Drone Air Pros seeks an exemption from 14 C.F.R. § 91.103, which requires a PIC to become

fa miliar with specific information before each flight, including information contained in the FAA

- approved

Flight Manual on board the aircraft. While the PIC will be familiar with all information necessary to safely

conduct the flight, an exemption is reques ted to the extent that an FAA

- approved Flight Manual is required.

Equivalent Level of Safety

An equivalent level of safety will be provided by following the Drone Air Pros’ Operations

Manuals and the Manufacturer's Manual. The PIC will perform a series of checklists designed to identify

any defects or inoperable components in accordance with the Drone Air Pros’ Operations Manuals,

including checklists covering Pre

- Flight, Launch, Landing, and Post

- Flight procedures. The PIC will also

be required to revie w weather, flight requirements, battery charge, landing and takeoff distance, UA

performance data, and contingency landing areas

— before initiation of flight. Drone Air Pros’ Operations

Manuals and the Manufacturer's Manual will be kept at the ground contro l station and will be accessible to

the PIC at all times while operating the DJI Phantom 3

.

I. 14 C.F.R. § 91.109(a): Flight Instruction

14 Memorandum from Mark Bury, FAA Assistant Chief Counsel for International Law, Legislation and

Regulation, to John Duncan, FAA Flight Standards Service (Aug. 8, 2014); see also Docket No. FAA

2014

- 0352 at 16

- 18.U.S. Department of Transportation

Sept 9 th

, 2015

Page 19

Drone Air Pros seeks an exemption from 14 C.F.R. § 91.109(a), which provides in pertinent part

that "[n]o person may o perate a civil aircraft (except a manned free balloon) that is being used for flight

instruction unless that aircraft has fully functioning dual controls." DJI Phantom 3 s and remotely piloted

aircraft, by their design, do not have functional dual controls. Instead, flight control is accomplished

through the use of a device that communicates with the aircraft via radio communications. Accordingly, an

exemption will be required for the flight instruction requirements of 14 C.F.R. § 91.109(a).

Equivalent Level of Safety

Given the size and speed of the DJI Phantom 3 s that Drone Air Pros intends to use, an equivalent

level of safe training can still be performed without dual controls because no pilot or passengers are

aboard the RE

- UAS, and as required by the Drone Air Pros’ Operations Manuals, all persons will be a

safe distance away in the event that the DJI Phantom 3 experiences any difficulties during flight

instruction. Moreover, as required by the Drone Air Pros’ Operations Manuals, all flight trainin g will be

conducted in controlled and sterile environment. As a whole, the safety procedures provided for in Drone

Air Pros’ Operations Manuals ensure that the proposed DJI Phantom 3 operations provide an equivalent or

higher level of safety than that prov ided by the flight instruction regulations.

J. 14 C.F.R. § 91.119(c): Minimum Safe Altitudes

Drone Air Pros requests an exemption from the minimum safe altitude requirements of 14 C.F.R. §

91.119(c). 15 Section 91.119 prescribes the minimum safe altitudes under which aircraft may not operate,

including 500 feet above the surface and away from any person, vessel, vehicle, or structure in non

congested areas. See 14 C.F.R. § 91.119(c). Section 91.119(d) allows for a helicopter to operate at less

than those m inimum altitudes when it can be operated "without hazard to persons or property on the

surface," provided that "each person operating the helicopter complies with any routes or altitudes

specifically prescribed for helicopters by the FAA."

An exemption is required because the proposed DJI Phantom 3 operations will normally need to

occur below 400 feet AGL. In circumstances where the DJI Phantom 3 is used to inspect a structure whose

height exceeds 400 feet AGL, the DJI Phantom 3 will not be operated more t han 100 feet above the highest

point on the structure, and within 50 feet horizontally of the structure. Additionally, due the nature of the

proposed operations, the Pilot and/or Observers(s) may need to be less than 500 feet away from the DJI

Phantom 3

.

15 Relief from § 91.119(a) will not be necessary because Petitioner will be able to perform an emergency

landing without undue hazard to persons or property on the ground in the event of a failure. Petitioner's

proposed DJI Phantom 3 operations will not o ccur over congested areas, and therefore an exemption from

§ 91.119(b) will not be necessary. See e.g ., Grant of Exemption No. 11157 to Slug wear, Inc., dba Like on

a tree Aerial (FAA

- 2014

- 0534 at 15).U.S. Department of Transportation

Sept 9 th

, 2015

Page 20

Equivalent Level of Safety

Compared to flight operations with rotorcraft weighing far more than the maximum weights

proposed herein, and given the lack of flammable fuel with the DJI Phantom 3 s, any risk associated

with these operations is far less than those that presently exist with conventi onal aircraft. An

equivalent level of safety will be achieved given the size, weight, and speed of the DJI Phantom 3 s,

as well the controlled location where the operations will occur. In order to avoid any risk to manned

aircraft, flight operations will be restricted to 400 feet AGL or below, or when inspecting a structure

whose height exceeds 400 feet AGL, within 100 feet above the highest point on that structure and 50

feet horizontally of the structure.

As set forth in the Operations Manuals, the DJI Phantom 3 s will be operated in a restricted area, and

all flights will be operated at a lateral distance of at least 500 feet from any nonparticipating persons, unless

that person is in a position where he or she is shielded from the DJI Phantom 3 and any possible debris

resulting from DJI Phantom 3 failure. As required by the Operations Manuals, flights will be terminated if

a nonparticipating person within 500 feet of the DJI Phantom 3 leaves a shielded position. Further, DJI

Phantom 3 operations will occ ur at least 500 feet away from vehicles or structures unless the property

owner/controller has granted permission and the PIC has made a safety assessment of the risk of operating

closer to those objects and, operations near the PIC or Observer will not pr esent an undue hazard per §

91.119(a). Adherence to these restrictions in Drone Air Pros’ Operations Manuals will ensure operations

can be conducted without compromising safety. 16

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

Drone Air Pros seeks an exemption from 14 C.F.R. § 91.121, which requires a person operating an

aircraft to maintain cruising altitude or flight level by reference to an altimeter that is set to the elevation of

the departure airport or barometric pressure An exemption is required to the extent that the DJI Phantom 3 s

do not have a barometric altimeter, but rather a GPS altitude read out.

16 See e.g. , Grant of Exemption No. 11138 to Douglas Trudeau (FAA

- 2014

- 0481 at 19):

"If barriers or structures are present that can sufficiently protect nonparticipating persons from the UA or

debris in the event of an accident, then the UA may operate closer than 500 feet to persons afforded such

protection. The operator must also ensure that nonparticipating persons remain under such protection. If a

situation arises where nonparticipating persons leave such protection and are within 500 feet of the UA,

flight operations must cease immediately. When considering how to immediately cease operations, the

primary concern is the safety of those nonparticipating persons. In addition, the FAA finds that operations

may be conducted closer than 500 feet to vessels, vehicles and structures when the owner/controller of any

such vessels, vehicles or structures grants permission for the operation a nd the PIC makes a safety

assessment of the risk of operating closer to those objects and determines that it does not present an undue

hazard.U.S. Department of Transportation

Sept 9 th

, 2015

Page 21

The FAA has stated that an equivalent level of safety to the requirements of 14 C.F.R. § 91.121

can be achieved in circumstances where: (1) the DJI Phantom 3 s will be operated below 400 feet

AGL or below 17 , (2) within VLOS, (3) where GPS based altitude information is relayed in real time

to the operator at a ground

- based on

- screen display and, (4) where prior to each flight, a zero

altitude initiation point is established for the PIC to confirm accuracy of the onboard GPS. 18

The DJI Phantom 3 s that Drone Air Pros intends to use for the proposed operations will meet all

these operational characteristics. Moreover, as required by Drone Air Pros’ Operations Manuals, the PIC

will be required to calibrate the aircraft's GPS compass prior to each flight operation. Like prior FAA

Section 333 Grants of Exemption, the DJI Phantom 3 s Drone Air Pros to use, and the safety mitigation

procedures contained in the Operations Manuals, both ensure that an equivalent level of safety will be

achieved, and a Grant of Exemption to the requirements of § 191.121 is therefore appropriate.

L. 14 C.F.R. § 91.151(a): Fuel Requirements for Flight in VFR Conditions

Drone Air Pros requests an exemption from 14 C.F.R. § 91.151(a)'s fuel requirements for flight in

VFR conditions. Section 91.151 stat es:

(a) No person may begin a flight in an airplane under VFR conditions unless (considering wind

and forecast weather conditions) there is enough fuel to fly to the first point of intended landing

and, assuming normal cruising speed

–

(1) During the day, to fly after that for at least 30 minutes; or

(2) At night, to fly after that for at least 45 minutes.

Here, the technological limitations on DJI Phantom 3 battery power means that no meaningful flight

operations can be conducted while still maintaining a 30

- minute battery reserve. An exemption from the

fuel requirements of 14 C.F.R. § 91.151(a) is therefore required.

17 If the height of the structure being inspected exceeds 400 feet AGL, the DJI Phantom 3 will not be

operated more than 100 feet above the highest point on the structure.

18 See Grant of Exemption No. 11062 to Astraeus Aerial (FAA

- 2014

- 0352 at 21).U.S. Department of Transportation

Sept 9 th

, 2015

Page 22

Equivalent Level of Safety

In the Grant of Exemption to VDOS (Exemption No. 11112), the FAA determined that an

equivalent level of safety to the fuel requirements for flight in VFR conditions could be achieved by

prohibiting the PIC from beginning a DJI Phantom 3 flight unless (considering wind and forecast weather

conditions) there was enough power to fly to the first intended point of landing and, assuming normal

cruising speed, to fly after that for at least 10 minutes. In reaching this conclusion, the FAA considered that

the DJI Phantom 3 batteries for the DJI Phantom 3 provided provide approximately 20 minutes of powered

flight ( with payload) and provided battery level and battery time remaining in minutes and seconds to the

PIC. 19 The FAA also considered the fact that the DJI Phantom 3 operating manual states: “s tart every flight

with a fully charged battery in the aerial vehic le ”, and that in the event that the DJI Phantom 3 should run

low on power, the PIC will be alerted and can land the DJI Phantom 3 as soon as possible. Like the VDOS

Grant of Exemption, Drone Air Pros’ use of the DJI Phantom 3 , combined with the requirements of

Petitioner's Operations Manuals, ensure that an equivalent level of safety can be achieved.

Similarly, in the Grant of Exemption to Alan Purwin (Exemption No. 11161), the FAA determined

that an equivalent level of safety to the fuel requirements for flight in VFR conditions could be achieved by

prohibiting the PIC from beginning a flight with the DJI Phantom 3 unless (considering wind and forecast

weather conditions), there was enough power to fly at normal cruising speed to the intended landing point

and land the UA with 25% battery power remaining. Drone Air Pros will adhere to this limitation for DJI

Phantom 3 flights.

The DJI Phantom 3 includes a low battery warning system and the amount of battery reserve

power remaining is transmitted to the PIC via telemetric data feed, which downlinks from the DJI

Phantom 3 to a ground

- based

- on

- screen display. 20 As required by Drone Air Pros’ Operations Manuals,

the PIC will promptly fly the DJI Phantom 3 back to the home launch location or pre

- determined abort

location where the DJI Phantom 3 may safely land, while still maintaining a minimum of 25% reserve

battery power. Drone Air Pros submits that the procedures requiring flights to be safely terminated once

the batteries fall below 25% capacity, combined wit h the requirement that flights only be conducted

within a secure, isolated area, using a RE

- UAS weighting less than 55 pounds, and within VLOS of the

PIC and Observer(s), ensure that the proposed operation will provide an equivalent or higher level of

safety to that provided by the regulations from which exemption is sought.

19 Grant of Exemption No. 11112 to VDOS Global, LLC (FAA

- 2014

- 0382 at 10).

20 The DJI Phantom 3 ground control station displays, the DJI Phantom 3 s position, navigation route,

tail number, altitude, heading, north seeking arrow, range to targets, calculated target position,

date/time, and sensor heading and orientation relative to the DJI Phantom 3

.U.S. Department of Transportation

Sept 9 th

, 2015

Page 23

VI. DRUG AND ALCOHOL PROGRAM

Drone Air Pros will have policies in place to ensure that no person may participate in DJI

Phantom 3 flight operations if they are under the influence of alcohol or any drug.

VII. PUBLIC INTEREST

The public interest will be served by granting Drone Air Pros’ Petition for E xemption. Congress

has established a national policy that favors early integration of DJI Phantom 3 into the NAS in controlled,

safe working environments such as those proposed in this Petition. Granting this Petition for Exemption

helps fulfill Congress' goal in passing Section 333(a) through (c) of the Reform Act

— the FAA

Administrator's assessment of whether certain DJI Phantom 3 may operate safely in the NAS before

completion of the statutorily required rulemaking.

The proposed DJI Phantom 3 operations in this Petition for Exemption significantly improve safety

and reduce risk harm or serious injury to inspecting engineers. Traditional methods of real estate video

production and inspection of structures, expose videographer

- inspectors to high er risks of serious injuries,

or death. Videographer

- inspectors need to climb roof tops or otherwise perform elevated work, which

exposes them to the risk of dangerous falls, electrocution or other work related extremes. In addition,

depending on the natur e of the video needed and inspection, proximity to equipment, and other mechanical

hazards associated with industrial sites and construction facilities often involves a risk of exposure to

hazardous. The use of DJI Phantom 3 s mitigates these hazards and is ultimately a much safer method of

performing these and most other types of inspections.

The use of small DJI Phantom 3 s also enhances safety and reduces risk because, unlike manned

aircraft weighing thousands of pounds, carrying crew in addition to flammable fuel, the DJI Phantom 3 s

carry no passengers or crew. Further, in the unlikely event of an accident, Drone Air Pros small battery

powered RE

- UASs presents significantly less dan ger to persons on the ground when compared to

operations by conventional manned aircraft. 21 As Petitioner's DJI Phantom 3 s are battery powered, the

public will also benefit from a reduction in harmful emissions associated with conventional aircraft

performing in the same functions proposed herein. Lastly, as recognized by the FAA in prior Section 333

Grants of Exemption to filmmakers, DJI Phantom 3 s provide an additional tool for the aerial filming

industry, adding a greater degree of flexibility, wh ich supplements the current capabilities offered by

manned aircraft. 22

21 See Grant of Exemption No. 11158 to Team 5, LLC (FAA

- 2014

- 0783 at 12): Manned helicopters

conducting aerial filming can weigh 6,000 pounds or more and are operated by an onboard pilot, in addition

to other onboard crewmembers, as necessary. The petitioner ’ s UAs will weigh less than 55 pounds with no

onboard pilot or crew. The pilot and crew will be remotely located from the aircraft. The limited weight

significantly reduces the po tential for harm to participating and nonparticipating individuals or property in

the event of an incident or accident. The risk to an onboard pilot and crew during an incident or accident is

eliminated with the use of a UA for the aerial filming operation."U.S. Department of Transportation

Sept 9 th

, 2015

Page 24

DJI Phantom 3 s provide an additional tool for the aerial filming industry, adding a greater degree of

flexibility, which supplements the current capabilities offered by manned aircraft. 22

VIII. PRIVACY

All Drone Air Pros’ DJI Phantom 3 operations will be conducted in accordance with applicable

federal, state, or local laws regarding privacy. All operations shall be conducted over private or

controlled

- access property with permission from the land owner/controller or authorized represe ntative.

Permission from land owner/controller or authorized representative will be obtained for each flight to be

conducted.

IX. FEDERAL REGISTER SUMMARY

Pursuant to 14 C.F.R. Part 11, the following summary is provided for publication in the FEDERAL

REGISTER, should it be determined that publication is needed:

Petitioner seeks an exemption from the following rules in Title 14 of the Code of Federal

Regulations:

Part 21, Subpart H; Part 27; 45.23(b); 45.27(a); 61.113; 91.7(a); 91.9(b)(2); 91.9(c); 91 .103; 91.109(a);

91.119(c); 91.121; 91.151(a); 91.203 (a) & (b); 91.405(a); 91.407(a)(1); 91.409(a)(1) & (2); 91.417 (a)

& (b).

The exemption will enhance safety by reducing risk to the general public and property owners

from the substantial hazards assoc iated with performing equivalent real estate aerial photography and

inspection with conventional fixed

- wing aircraft, rotorcraft, or other methods.

X. CONCLUSION

Drone Air Pros’ Petition for Exemption satisfies the criteria articulated in Section 333 of the Reform

Act of 2012 including weight, speed, operating capabilities, proximity to airports and populated areas,

operation within VLOS and national security. The proposed DJI Phantom 3 operations will benefit the

public as a whole by improving safety and re ducing risk by alleviating human exposure to danger. In

consideration of the foregoing, this Petition for Exemption provides the FAA with more than adequate

justification for granting the requested exemptions allowing Drone Air Pros use small DJI Phantom 3 s for

providing aerial photography and videography for the real estate industry, as well as property mapping,

inspections, and 3D compositing.

22 See e.g ., Grant of Exemption No. 11178 to Picture Factory, Inc. (FAA

- 2014

- 0794 at 18).U.S. Department of Transportation

Sept 9 th

, 2015

Page 25

We thank you for your prompt consideration of our requested exemptions.

Respectfully Submitted,

Jason P Snyder

Bloomfield PDC LLC dba Drone Air Pros

92 Aviemore Dr

Pinehurst, NC 28374

Phone: 919.980.0037

Email: jsnyder@bloomfieldpdc.com

Should you have any questions, or if you need any additional information to support the requested

exemptions, please contact the undersigned at:

Bloomfield PDC LLC dba Drone Air Pros

Phone: 919.980.0037

Email: jsnyder@bloomfieldpdc.com

(The following attached items contain and commercial information exempt from disclosure under the

Freedom of Information Act, 5 U.S.C. § 522 et seq. , and should be held in a separate file pursuant to

14 C.F.R. § 11.35(b).

Attac hments:

1. General Operations Manual

2. PIC Operating Manual

3. Drone Air Pros Protocols

4. Location Protocols

5. Flight Communications Protocols

6. Departing Location Protocols

7. Transmitter Protocols

8. Preflight Checklist

9. Post Flight Checklist

10. Equipment Checklist

11. UAS Manufacturer’s Manuals

a. User Manuals

b. Maintenance Manuals