August 31,2015 Attn: U.S. Department ofTransportation Docket Operations West Building Ground Floor, Room w12-140 1200 NewJerseyAve, SE Washington, DC 20590

RE: PETERTHEILEN, .:

. i -·

REQUEST ANEXEMPTIONFROMTHEREQUIREMENTS OF TITLE 14 OF THE CODE OF FEDERALREGULATIONS SECTIONS 61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(l), 91.409(a)(l) & (a)(2), AND 91.417(a) & (b) CONCERNING COMMERCIAL OPERATION OF DJI Phantom 3UNMA1-JNED AIRCRAFT SYSTEMS PURSUANTTO SECTION 333 OF THE FAAMODERNIZATION AND REFORM ACT OF 2012 (PUBLIC LAW 112-95)

PETERTHEILEN, 6289 PinehurstDrive Spring Hill, Florida34606 351-410-7357 ptnfl@tampabay.rr.com

1

### TABLE OF CONTENTS Page GLOSSARY OF ABBR-EVIATIONS

...................................................................................3

SUMMARY

...........................................................................................................................4

INTRODUCTION AND INTERESTS OF PETITIONER

....................................................4

BACKGROUND

....................................................................................................................4

BASIS FORPETITION

.........................................................................................................5

NAME AND ADDRESS OF PETITIONER

.........................................................................6

THE SPECIFIC SECTIONS OF 14 C.P.R. FROM WHICH PETERTHEILEN SEEKS EXEMPTION

............................................................................................................? THEEXTENT OF RELIEF THATPETERTHEILEN SEEKS AND THE REASON PETER THEILEN SEEKS THE RELIEF

..............................................................10 THE REASONS WHY GRANTINGPETERTHEILENREQUESTWOULD BEIN THE PUBLIC INTEREST

............................................................................................12 THE REASONS WHY GRANTINGTHEEXEMPTIONTO PETERTHEILEN WOULDNOT ADVERSELY AFFECT SAFETY

..............................................................l4 SUMMARYTHAT CANBEPUBLISHED IN THEFEDERALREGISTER

...................25 ANY ADDITIONAL INFORMATION, VIEWS, ORARGUMENTS AVAILABLETO SUPPORTPETERTHEILENREQUEST

..................................................25 CONCLUSION

.....................................................................................................................25 APPENDICES

......................................................................................... 26

2AGL AOI ATC ATO AV CPR COA FAA FAR GCS GPS LOL NAS NOTAM PIC Section 333 

## so SOP UA UAS VFR VLOS VMC VTOL 

### GLOSSARY OFABBREVIATIONS Above Ground Level AreaofInterest AirTraffic Control AirTraffic Organization Aerial Vehicle Code ofFederal Regulations Certificate ofAuthorization Federal AviationAdministration Federal AviationRegulation Ground Control Station Global Positioning System Loss ofLink National Airspace System Noticeto Airman PilotIn Command FAAModernization and ReformActof2012 (FMRA) Safety Observer Standard OperatingProcedures Unmanned Aircraft UnmannedAircraft System Visual FlightRules Visual Line ofSite Visual Meteorological Conditions Vertical Takeoffand Landing

3SUMMARY PETER THEILEN seeks exemption from the requirements of 14 C.F.R §§ 61.113(a) & (b), 91.7(a), 91.121, 91.15l(b), 91.405(a), 91.407(a)(l), 91.409(a)(1) & (a)(2), and 91.417(a) & (b), to operate an Unmanned Aircraft System (DJI Phantom 3) pursuant to Section 333 ofthe FAA Modernization and ReformActof2012 (FMRA). This exemption will permitPETERTHEILEN to operate anUnmanned Aircraft System (UAS) for the commercialpurpose ofconducting aerial video and photography of construction sites, residential and commercial real estate, civil landscapes and events over certainareas ofthe United States. INTRODUCTIONAND INTERESTS OFTHEPETITIONER PETER THEILEN has for over five years provided his clients (which include private sector businesses and non-profits, along with local state and federal agencies) with expertise and knowledge in video and multimedia marketing, advertising, public relations and training using advanced technologies and solutions. PETER THEILEN has worked on numerous productions overthe past 5 years in all types oflocations with aperfect client and employee safetyrecord. In the past Ihave supplied our client's aerial video and photography using commercial aircraft. The objective of PETER THEILEN and his Unmanned Aircraft System (DJI Phantom 3) aerial operations is to provide a more affordable, high-quality production system for a variety of governmental, commercial, public, andresidential uses, specifically targeting

• Construction sites before and after • Appraisals • Real-estate marketing • Economic development • Civic landmarks • Special event coverage " Private and governmental training

Ihave safely flown small RC electric quad copters recreationally for approximately 2years without incident. BACKGROUND UnmannedAircraft Systems: DJI Phantom 3, UAS PETER THEILEN seeks an exemption to operate DJI Phantom 3 system for compensation or hire within the NAS. The DJI Phantom 3 is vertical takeoff and landing (VIOL) Unmanned Aircraft (UA) with a Ground Control Station (GCS) utilizing electronic tablet or smart phone systems. The DJI Phantom 3 has a maximum gross weight ofapproximately 2.8 lb. while having a diagonal dimension of 23.2", a maximum speed of approximately 16.4'fps and a maximum flying height of400'. The DJI Phantom 3 is equipped with four main rotors; driven by Lithium Polymerbatterypowered electric motors. The DJI Phantom 3 that will be operated by PETER THEILEN will be registered in accordance with 49 U.S.C. 44103, Registration ofAircraft, as well as 14 C.F.R Part 47, Aircraft
4Registration, and marked in accordance with 14 C.P.R. Part 45, Identification andRegistration Marking.

BASIS FORPETITION Petitioner, PETER THEILEN, pursuant to the provisions ofthe Federal Aviation Regulations (14 C.P.R.§ 11.61) and the FAA Modernization and Reform Act of2012 (FMRA), Section 333, Special Rulesfor Certain Unmanned Aircraft Systems, hereby petitions the Administrator to commercially operate the DJI Phantom 3, UAS in the National Airspace System (NAS), and for an exemption from the requirements of 14 C.F.R §§ 61.113(a) & (b), 91.7(a), 91.121, 91.15l(b), 91.405(a), 91.407(a)(l), 91.409(a)(l) & (a)(2), and 91.417(a) & (b). In consideration of the speed, weight, size, and limited operating area associated with the unmanned aircraft and its operation, PETERTHEILEN operation ofDJI Phantom 3 UAS meets the conditions ofFMRA Section 333 and therefore, will not require an airworthiness certificate in accordance with 14 C.P.R. Part 21, Subpart H. Accordingly, PETER THEILEN requests relief from Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b), as these sections set forth requirements for maintenance that only apply to aircraft with an airworthiness certificate. PETER THEILEN submits that the requested reliefis proper since an equivalent level ofsafety will be ensured. PETER THEILEN will use experienced personnel or technicians to perform maintenance, alterations, or preventive maintenance on the UAS using the methods, techniques, and practices prescribed in the operating documents (i.e., Monthly Maintenance Log, and DJI Phantom 3 Instruction Manual). Furthermore, PETER THEILEN will document and maintain all maintenance records for the DJI Phantom 3UAS. Relieffrom certain requirements of Section 61.113(a) and (b), entitled Privatepilotprivileges and limitations: Pilot in command, is requested by PETER THEILEN to the extent necessary to allow a Pilot in Command (PIC) holding a private pilot or higher level certificate, as well as an airman medical certificate, and who has demonstrated, by meeting minimum flight- hour and currency requirements, that the PIC is able to safely operate the DJI Phantom UAS in a manner consistent with this exemption, including evasive and emergency maneuvers and maintaining appropriate distances from people, vessels, vehicles and structures. PETER THEILEN seeks relief from Section 91.7(a), entitled Civil aircraft airworthiness, because the DJI Phantom 3 UAS do not require an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H. As such, PETERTHEILEN submits that they will ensure that the DJI Phantom 3 UAS is in an airworthy condition, prior to every flight, by determining that the UAS are in compliance with the operating documents (i.e., Monthly Maintenance Log, and DJI Phantom 3InstructionManual), and thatthe aircraft are in a conditionfor safe flight. PETER THEILEN also seeks an exemption from the requirements of Section 91.121, entitled Altimeter Settings, as the DJI Phantom 3 UAS will not have a typical barometric altimeter

5onboard. However, altitude information ofthe DJI Phantom 3 UAS will be provided to the PIC via Global Positioning System (GPS) equipment and radio communications telemetry data link, which downlinks from the UA to the GCS for active monitoring ofthe flight path. This altitude information, combined with PETER THEILEN'S operation ofthe DJI Phantom 3 UAS within visual line ofsight, at or below 400 feet AGL, will ensure a level ofsafety equivalent to Section 91.121. Additionally, PETER THEILEN seeks an exemption from the requirements of Section 91.151(b), entitled 

### Fuel requirementsforflight in VFR conditions. PETER THEILEN submits that safety will not be affected by operation ofthe DJI Phantom 3 UAS during daylight hours in visual meteorological conditions (VMC) under visual flight rules (VFR), with enough battery power to fly for a total duration ofapproximately 23 minutes. Battery power indicators are also able to show exactly how much battery power is left, as well as how much time is needed to return safelybackto point oftake off. In accordance with 14 C.P.R. § 11.81, PETER THEILEN provides the following information in support ofits petitionfor exemption:

A. Name And Address OfThePetitioner. The name and address ofthe Petitioner andpoint ofcontact:
PETERTHEILEN 6289 PinehurstDrive Spring Hill, Fl. 34606 352-410-7357 ptnfl@tampabay.rr.com

B. The Specific Sections Of14 C.F.R. From Which PETERTHEILEN Seeks Exemption.

61. PETERTHEILEN Seeks Exemption From The Requirements OfSection 61.113(a) And (b). Section 61.113, entitled Private pilot privileges and limitations: Pilot in command, subsections (a) and (b) prescribethe following, in relevantpart: (a) No person who holds a private pilot certificate may act as a pilot in command (PIC) ofan aircraft that is carrying passengers or property for compensation or hire; normay thatperson, for compensationorhire, act as PIC ofan aircraft. (b) A private pilot may, for compensation or hire, act as PIC of an aircraft in connectionwith anybusiness or employment if- (1) The flight is onlyincidental to thatbusiness or employment; and (2) The aircraft does not carrypassengers orproperty for compensation orhire. 2. PETERTHEILEN Seeks ExemptionFromTheRequirements OfSection 91.7(a). Section 91.7, entitled Civilaircraftairworthiness, subsection (a), states the following: (a) No personmay operate a civil aircraftunless it is inan airworthy condition. 3. PETERTHEILEN Seeks ExemptionFromTheRequirements OfSection 91.121. Section 91.121, entitledAltimeter settings, subsection (a), statesthe following, inpart: (a) Eachperson operating an aircraft shall maintainthe cruising altitude or flight level of that aircraft, as the case may be, by reference to an altimeter that is set, when operating-- (1) Below 18,000 feet MSL, to-- (i) The current reported altimeter setting of a station along the route and within 100 nautical miles ofthe aircraft; (ii) Ifthere is no station within the area prescribed in paragraph (a)(l)(i) of this section, the current reported altimeter setting ofan appropriate available station; or

(iii) In the case ofan aircraft not equipped with a radio, the elevation ofthe departure airport or an appropriate altimeter setting available before departure.

4. PETERTHEILEN Seeks ExemptionFromTheRequirements OfSection 91.151(b). Section 91.151, entitledFuel requirementsfor flight in VFR conditions, subsection (b), statesthe following:

7(b) No person may begin aflight in a rotorcraft under VFR conditions unless (considering windand forecast weather conditions) there is enoughfuel tofly to the firstpoint of intended landing and, assuming normal cruising speed, tofly after that for at least20 minutes. 5. PETERTHEILENSeeks ExemptionFromTheRequirementOfSection 91.405(a). Section 91.405, entitledMaintenance required, subsection (a), states the following: Each owner or operatorofan aircraft- (a) Shall have that aircraft inspected as prescribed in subpart E ofthis part and shall between required inspections, except as provided in paragraph (c) of this section, have discrepancies repaired as prescribed inpart43 ofthis chapter[.] 6. PETERTHEILEN Seeks ExemptionFromTheRequirements OfSection 91.407(a)(l) Section 91.407, entitled Operation after maintenance, preventive maintenance, rebuilding, oralteration, subsection (a)(1), states the following: (a) No person may operate any aircraft that has undergone maintenance, preventive maintenance, rebuilding, or alteration unless-- (1) Ithas been approved for return to service by a person authorized under§ 43.7 ofthis chapter[.] 7. PETER THEILEN Seeks Exemption From The Requirements Of Sections 91.409(a)(l) And 91.409(a)(2). Section 91.409, entitledInspections, subsection (a), states the following: (a) Except as provided in paragraph (c) ofthis section, no person may operate an aircraftunless, withinthepreceding 12 calendarmonths, ithas had-- (1) An annual inspection in accordance with part 43 ofthis chapter and has been approved for returnto service by aperson authorizedby§ 43.7 ofthis chapter; or (2) An inspection for the issuance of an airworthiness certificate in accordance withpart 21 ofthis chapter.

8. PETERTHEILEN Seeks Exemption From TheRequirements OfSections 91.417(a) And 91.417(b). Section 91.417, entitled Maintenance records, subsections (a) and (b), state the following: (a) Except for work performed in accordance with §§ 91.411 and 91.413, each registered owner or operator shall keep the following records for the periods specified inparagraph (b) ofthis section:

8(1) Records of the maintenance, preventive maintenance, and alteration and records of the 1 00-hour, annual, progressive, and other required or approved inspections, as appropriate, for each aircraft (including the airframe) and each engine, propeller, rotor, and appliance ofan aircraft. Therecords mustinclude-- (i) A description (or reference to data acceptable to the Administrator) ofthe workperformed; and (ii) The date ofcompletionofthe workperformed; and (iii) The signature, and certificate number ofthe person approvingthe aircraft forreturnto service. (2) Records containingthe following information: (i) The total time in service ofthe airframe, each engine, each propeller, and eachrotor.

(ii) The current status oflife-limited parts ofeach airframe, engine, propeller, rotor, and appliance.

(iii) The time since last overhaul ofall items installed on the aircraft which are requiredto be overhauled on a specifiedtime basis. (iv) The current inspection status ofthe aircraft, including the time since the last inspection required by the inspection program under which the aircraft andits appliances are maintained. (v) The current status ofapplicable airworthiness directives (AD) and safety directives including, for each, the method of compliance, the AD or safety directive number and revision date. If the AD or safety directive involves recurring action, the time and date whenthe next action is required.

(vi) Copies of the forms prescribed by § 43.9(d) of this chapter for each major alteration to the airframe and currently installed engines, rotors, propellers, and appliances.

(b) The owner or operator shall retain the following records for the periods prescribed: (1) The records specified inparagraph (a)(l) ofthis section shall beretained until the work is repeated or superseded by other work or for 1 year after the work is performed. (2) The records specified in paragraph (a)(2) ofthis section shall be retained and transferred withthe aircraft at the time the aircraft is sold.

9(3) A list ofdefects furnished to a registered owner or operator under§ 43.11 of this chapter shall be retained until the defects are repaired and the aircraft is approved for returnto service.

C. 

### The Extent Of Relief PETER THEILEN Seeks And The Reason PETER THEILEN Seeks TheRelief. 1. Extent OfRelief PETER THEILEN Seeks And The Reason PETER THEILEN Seeks ReliefFrom Section 61.113(a) And (b). Relieffrom Section 61.113(a) and (b) entitled Privatepilotprivileges and limitations: Pilot in command, is requested to the extent necessary to allow a PIC holding a private pilot or higher level certificate, as well as a current and valid airman medical certificate, and who has met certain flight-hour and currency requirements, to conduct the proposed UAS flight operations for compensation orhire. This reliefis requested since the limitations set forth in Section 61.113(a) and (b) state that a private pilot may, for compensation or hire, act as PIC of an aircraft in connection with any business or employment if: (1) The flight is only incidental to that business or employment; and (2) The aircraft does not carrypassengers orproperty for compensation orhire. As set forth more fully below, PETER THEILEN submits that an equivalent level ofsafety will be maintained because no PIC will be allowed to operate the DJI Phantom 3 UAS unless that PIC has met certain flight-hour and currency requirements, demonstrating that the PIC is able to safely operate either the DJI Phantom 3 UAS in a manner consistent with the operations specifications as described in this exemption, including evasive and emergency maneuvers, as well as maintaining appropriate distances from people, vessels, vehicles and structures. Further, PETERTHEILEN submits that all flights ofthe DJI Phantom 3 UAS, conductedby the PIC pursuant to the grant ofthis Petition: (1) will be incidental to PETER THEILEN business; and (2) will not carrypassengers orproperty for compensation orhire.



### 2. Extent Of Relief PETER THEILEN Seeks And The Reason PETER THEILEN Seeks ReliefFrom Section 91.7(a). Relief from Section 91.7(a) entitled Civil aircraft airworthiness, is requested to the extent required to allow PETER THEILEN to determine that the DJI Phantom 3 UAS are in airworthy condition prior to every flight by ensuring that the UAS is in compliance with the operating documents (i.e., PETER THEILEN Aerial Operations Manual, Monthly Maintenance Log, and DJI Phantom 3 InstructionManual). PETER THEILEN seeks the requested reliefbecause the DJI Phantom 3 UAS do not require an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H. Therefore, PETER THEILEN will ensure that the DJI Phantom 3 UAS g.re in airworthy condition based upon its

10compliance with the operating documents (i.e., Monthly Maintenance Log, and DJI Phantom 3) prior to every flight, and further, determine that the aircraft are in condition for safe flight, as stated inthe conditions and limitations below.



### 3. Extent OfReliefPETER THEILEN Seeks And The Reason PETER THEILEN, Seeks ReliefFrom Section 91.121. Relief from Section 91.121, entitled Altimeter settings, may be required to allow flight operations of the DJI Phantom 3 UAS, which utilize a barometric pressure sensor, GPS equipment, and a radio communications telemetry data link to downlink altitude information from the UA to the PIC at the ground control station (GCS). Since the FAA requires that any altitude information concerning UAS operations be reported to air traffic control (ATC) in feet above ground level (AGL), PETER THEILEN seeks the requested relief because the DJI Phantom 3 UA's altimeter may be set on the ground to zero feet AGL, rather than the local barometricpressure or field altitude, before eachflight. Considering the limited altitude ofthe proposed operations, relieffrom 14 CFR 91.121 is sought to the extent necessary to comply with the applicable conditions and limitations stated below. As more fully set forth herein, an equivalent level of safety will be maintained since the DJI Phantom 3 UAS are equipped with a barometric pressure sensor and GPS equipment, which automatically ensures that a ground level pressure setting will be established prior to each flight, and provides the PIC with altitude information ofthe UA onthe heads-up display ofthe GCS.



### 4. Extent Of Relief PETER THEILEN Seeks And The Reason PETER THEILEN Seeks ReliefFrom Section 91.151(b). Relief from Section 91.151(b) entitled Fuel requirements for flight in VFR conditions, is requested to the extent required to allow flights ofthe battery powered DJI Phantom 3 UAS during daylight hours in visual meteorological conditions (VMC), under visual flight rules (VFR), for a total duration of23 minutes. PETER THEILEN seeks the requested reliefbecause without an exemption from Section 91.151(b), the flight time duration ofthe battery powered DJI Phantom 3 UAS will severely constrain the practicality of any aerial video or still photo flight operations that PETERTHEILEN proposesto conductpursuantto this Petition. Significantly, as set forth below, the technical specifications ofthe DJI Phantom 3 UAS, the DJI Phantom 3 operating documents, and PETER THEILEN proposed operating limitations, ensure that PETER THEILEN will safely operate the battery powered DJI Phantom 3 UAS during daylight hours in visual meteorological conditions (VMC), under visual flight rules (VFR), with enoughbatterypowerto fly for atotal duration of23 minutes.



### 5. Extent Of Relief PETER THEILEN Seeks And The Reason PETER THEILEN Seeks ReliefFrom Sections 91.405(a), 91.407(a)(l}, 91.409(a)(l) & 

### (a)(2), And 91.417(a) & 

### (b).

11Since Sections 91.405(a), 91.407(a)(l), 91.409(a)(l) & (a)(2), and 91.417(a) & (b) only apply to aircraft with an airworthiness certificate, PETER THEILEN requests relieffrom these Sections because the DJI Phantom 3UAS do notrequire airworthiness certificates. As set forth more fully below, the DJI Phantom 3UAS meetthe conditions ofFMRA Section 333 for operation without an airworthiness certificate. Accordingly, PETER THEILEN will use trained technicians to perform maintenance, alterations, or preventive maintenance on the UAS using the methods, techniques, and practices prescribed in the UAS operating documents (i.e., the PETER THEILEN Aerial Operations Manual, Monthly Maintenance Log, and DJI Phantom 3Instruction Manual). Furthermore, PETER THEILEN will document and maintain all maintenance records for the DJI Phantom 3UAS.

D. The Reasons Why Granting PETER THEILEN Request Would Be In The Public Interest; ThatIs, How ItWouldBenefitThePublicAs A Whole. Granting the present Petition will further the public interest by allowing PETER THEILEN to safely, efficiently, and economically perform aerial video and photography ofconstruction sites, real estate, events and civic landscape over certain areas ofthe United States. Additionally, use of the DJI Phantom 3 UAS will decrease congestion of the NAS, reduce pollution, and provide significant benefits to the economy. Notably, the benefits of PETER THEILEN'sproposed operation oftheDJI Phantom 3 UAS will be realized without implicating any pnvacy Issues.

1. ThePublicWillBenefitFromDecreased Congestion OfTheNAS. The DJI Phantom 3 UAS are battery powered and serve as a safe, efficient, and economical alternative to the manned aircraft traditionally utilized to obtain aerial imagery. By reducing the amount ofmanned aircraft needed to perform aerial acquisitions, an exemption allowing the use ofa DJI Phantom 3 UAS would reduce the amount ofmanned aircraft in the NAS, reduce noise and airpollution, as well as increasethe safety oflife and property inthe air and onthe ground. Furthermore, by reducing the number of manned aircraft operating in the NAS, congestion around airports caused by arriving and departing aircraft will be reduced. The DJI Phantom 3 UAS do not require an airport to takeoff or land. Likewise, a reduction of manned aircraft conducting aerial video and photography missions would result in fewer aircraft that must be handledby airtraffic control during the ground, takeoff, departure, arrival, and landingphases of flight operations.

2. ThePublicWill BenefitFromThe SafetyAndEfficiency OfTheDJIPhantom3 UAS.

12Conducting aerial acquisitions with the DJI Phantom 3 UAS, instead ofmanned aircraft, will greatly benefit the public by drastically reducing the levels ofair and noise pollution generated during traditional aerial video and still photography flight operations. By using battery power and electric motors, the DJI Phantom 3 UAS produce no air pollution, and is the most viable environmentally conscious alternative to the cabin class, six cylinder internal combustion engine aircraft that are typically utilized for aerial video and photography, while burning approximately 20-30 gallons per hour of leaded aviation fuel. The DJI Phantom 3 UAS, while reducing the carbon footprint ofaerial acquisitions, also eliminates noise pollution, as the UAS are propelled by batterypowered electric motors, ratherthan an internal combustion engine. By using the DJI Phantom 3 UAS to perform aerial acquisitions, the substantial risk to life and property inthe air and on the ground, whichis usually associated withtraditional manned aircraft flight operations, will be substantially reduced or completely eliminated. Aside from the lack of flight crew members located onboard the aircraft, the DJI Phantom 3 UAS (weighing approximately 2.8 pounds at their maximum gross weight with diagonal dimension of 23.2 inches, and with no fuel on board), has less physical potential for collateral damage to life and property on the ground, and in the air, compared to the manned aircraft that typically conduct similar operations (weighing approximately 6,000 pounds with a wingspan ofapproximately 42 feet, alength of34 feet, and afuel capacity of 180 gallons). 3. PerformingAerialVideo andPhotography OperationsWithTheDJIPhantom3 UAS WillBenefitTheEeonomy. In addition to being safe and efficient, the DJI Phantom 3 UAS are also an economical alternative to using manned aircraft to conduct similar aerial operations. As such, operation of the DJI Phantom 3 UAS will allow United States based individuals, like PETER THEILEN to remain competitive and contribute to growth ofthe U.S. economy. Specifically, with the rising cost of aviation fuel and the Environmental Protection Agency ("EPA") regulatory actions phasing out leaded aviation fuels, U.S. owned and operated companies must adopt new and alternative technology in order to remain competitive. Operating the battery powered DJI Phantom 3 UAS is one such technology that not only allows companies greater operational flexibility compared to manned aircraft, but provides such flexibility without the high operational cost ofatraditional manned aircraft. By operating the DJI Phantom 3 UAS, individuals such as PETER THEILEN can remain competitive and profitable, and therefore, provide greater job stability to employees and contractors, which will ultimately contribute to growth ofthe U.S. economy. Improved financial performance ofU.S. companies, through commercial use ofthe DJI Phantom 3 UAS, provides a stable workforce that increases consumer spending; improves local, state, and federal tax revenues; and allows companies to invest in research and development in order to remain competitive bothinthe United States and abroad.

4. ThereAreNo PrivacyIssues.

13Similar to the manned aerial acquisition flight operations that have been conducted for decades, PETERTHEILEN proposed operation ofthe DJI Phantom 3 UAS will notimplicate anyprivacy issues. Specifically, the DJI Phantom 3 UAS will be operated only in compliance with operating documents (i.e., PETER THEILEN Aerial Operations Manual, Monthly Maintenance Log, and DJI Phantom 3 Instruction Manual) which requires property owner involvement as well as local law enforcement notification, and in accordance with the Federal Aviation Regulations, includingthe minimum altituderequirements of 14 C.F.R. § 91.119. E. The Reasons Why Granting The Exemptian Would Not Adversely Affect Safety, Or How The Exemption Would Provide A Level OfSafety At Least Equal To That Provided ByTheRuleFromWhichPETERTHEILEN Seeks Exemption. 1. Reasons Why The DJI Phantom 3 UAS Meet The Conditions Of The FAA Modernization andReformAct of2012 (FMRA) Section 333. In consideration of the size, weight, speed, and limited operating area associated with the unmanned aircraft and its operation, PETER THEILEN operation ofthe DJI Phantom 3 UAS meet the conditions ofFMRA Section 333, and will not require an airworthiness certificate in accordance with 14 C.F.R. Part 21, SubpartH. Section 333 provides authority for a UAS to operate without airworthiness certification and sets forth requirements for considering whether a UAS will create a hazardto users ofthe NAS orthe public, orotherwise pose a threatto national security. Specifically, FMRA Section 333 states the following, inpart: (a) In General.--Notwithstandingany other requirement of this subtitle, andnot later than 180 days after the date of enactment of thisAct, the Secretary of Transportation shall determine 

### ifcertain unmanned aircraft systems may operate safely in the national airspace system before completion oftheplan and rulemaking required by section 332 of thisActor the guidance requiredbysection 334 of thisAct. (b) Assessment ofUnmannedAircraft Systems.--In making the determination under subsection (a), the Secretaryshalldetermine, ataminimum-- (1) which types ofunmannedaircraft systems, 

### if any, as a result oftheirsize, weight, speed, operational capability, proximity to airports andpopulated areas, andoperation within visual line of sightdo not create a hazardto users ofthe national airspace system or the public or pose a threat to national security; and (2) whether a certificate of waiver, certificate of authorization, or airworthiness certification under section 44704 oftitle 49, United States Code, is requiredfor the operation ofunmanned aircraft systems identified underparagraph (1). (c) Requirementsfor Safe Operation.--Ifthe Secretary determines under this section that certain unmanned aircraft systems may operate safely in the national airspace

14system, the Secretary shall establish requirementsfor the safe operation ofsuch aircraftsystems in the nationalairspace system. In seeking this exemption, PETER THEILEN submits that the DJI Phantom 3 UAS can operate safely in the NAS pursuantto FMRA Section 333, as demonstrated by: (a) the characteristics of the DJI Phantom 3 UAS; (b) the pilot certification requirement; and (c) the specific operating limitations.

a. The Specifications OfTheDJIPhantom3 UAS DemonstrateIts Safe Characteristics. The DJI Phantom 3 UAS does not create a hazard to users oftheNAS orthe public, or otherwise pose athreatto national security considering its size, weight, speed, and operational capability. i. Technical Specifications OfTheDJIPhantom 3 UAS. The technical specifications ofthe DJI Phantom 3 UAS are set forth bythe DJI Phantom 3 User Manual, attachedhereto as AppendixA. ii.TheDJIPhantom3 UAS GlobalPositioningModes EnableTheUAS ToRemain WithinA Defined OperationalArea. The DJI Phantom 3 UAS maybe operated inboth manual and global positioning flight modes. A complete description ofthe flight and navigational modes ofthe DJI Phantom 3 UAS is provided atpages 11 ofthe DJIPhantom 3 UserManual attachedhereto as AppendixA. iii. TheDJIPhantom3 UAS AreDesigned ForAutomaticReturnTo HomePoint OrHoverInTheEvent OfLoss OfTheControlLinkOrNavigation. When the Control Link is lost, the DJI Phantom 3 UAS will remain stationary, in flight, for 3 seconds ormore. If, after 3 seconds, the DJI Phantom 3 UAS does notreacquire control link data from the GCS, the UAS will assume that the Control Link is lost and the will return to the home position (i.e., failsafe mode) via GPS, and will descendto thetakeoffposition and shutdown. A complete description ofthe Failsafe Functions ofthe DJI Phantom 3 UAS are set forth at pages 12 through 14 ofthe DJI Phantom 3 User Manual, attachedhereto as Appendix A. iv. TheDJIPhantom3 GCS AndIts Operation. A complete description ofthe operation and specifications ofthe DJI Phantom 3 GCS and flight control software is provided at pages 23 through 29 ofthe DJI Phantom 3 User Manual. DJI Phantom 3 UserManual is attachedhereto as Appendix A. b. FlightOperations OfDJIPhantom3 UAS IsLimitedToTheLine OfSight OfA Certificated Pilotin CommandWithA Safety Observer. Peter Theilen will be the only persons to act as a pilot in command (PIC) ofthe DJI Phantom 3 UAS. Additionally, a safety observerwill assisthim at all times during flight time.

c. Flights OfDJIPhantom3 UAS WillBe ConductedPursuantTo Specific Operating Limitations.

15I,.

In seeking this exemption, PETERTHEILEN proposes to commercially operate DJI Phantom 3 UAS forthe special purpose ofconducting aerial video andphotography over certain areas of United States, pursuantto the following specific operating limitations. 1. Operations authorized by this grant ofexemption will be limited to the following aircraft described in the operating documents, rotorcraft UAS weighing less than 55 pounds maximum gross weight: DJI Phantom 3 Unmanned Aircraft Systems. Proposed operations ofany other aircraft will require a new petition or a petition to amendthis grant. 2. UAS operations under this exemption will be limited to conducting operations for the purpose ofaerial video andphotography. 3. The UAS may notbe flown at an indicated airspeed exceeding 20 knots. 4. The UA mustbe operated at an altitude ofno morethan400 feet above ground level (AGL), as indicated by the procedures specified in the operating documents unless a special request is made and approved by ATC. All altitudes reported to ATC must be infeet AGL. 5. The UAS must be operated within visual line of sight (VLOS) ofthe PIC at all times. This requires the PIC to be able to use human vision unaided by any device other than corrective lenses, as specified on the PIC's FAA-issued airman medical certificate. 6. The use of first person view (FPV) by the PIC or safety observer (SO) is not permitted. 7. All operations must utilize a safety observer (SO). The SO may be used to satisfy the VLOS requirement as long as the PIC always maintains VLOS capability. The SO and PIC must be able to communicate verbally at all times. Electronic messaging or texting is not permitted during flight operations. The PIC must be designated before the flight and cannot transfer his or her designation for the duration ofthe flight. The PIC must ensure that the SO can perform the functions prescribed in the operating documents. 8. The SO must notperform any other duties beyond assisting the PIC with seeing and avoiding other air traffic and other ground based obstacles/obstructions and is not permittedto operatethe camera or otherinstruments. 9. The operating documents and the grant of exemption must be accessible during UAS operations and made available to the Administrator upon request. If a discrepancy exists between the conditions and limitations contained in the grant of exemption and the procedures outlined in the operating documents, the conditions and limitations contained inthe grant ofexemptiontake precedence and must be followed. Otherwise, the operator must follow the procedures as outlined in its operating documents. The operator may update or revise its operating documents. It is the

16operator's responsibility to track such revisions and present updated and revised documents to the Administrator upon request. The operator must also present updated and revised documents if it petitions for extension or amendment to the grant of exemption. If the operator determines that any update or revision would affect the basis upon which the FAA granted the exemption, then the operator must petition for amendment to its grant ofexemption. The FAA's UAS Integration Office (AFS-80) may be contacted if questions arise regarding updates or revisions to the operating documents.

10. Priorto each flight the PIC must inspectthe UAS to ensurethat itis in acondition for safe flight. Ifthe inspection reveals a condition that affects the safe operation of the UAS, the aircraft is prohibited from operating until the necessary maintenance has been performed and the UAS is found to be in a condition for safe flight. The Ground Control Station must be included in the preflight inspection. All maintenance and alterations mustbe properly documented inthe aircraftrecords.

11. Any UAS that has undergone maintenance or alterations that affect the UAS operation or flight characteristics, e.g. replacement of a flight critical component, must undergo a functional test flight. The PIC who conducts the functional test flight must make an entry inthe aircraftrecords. 12. The pre-flight inspection must account for all potential discrepancies, e.g. inoperable components, items, or equipment, not already covered in the relevant sections ofthe operating documents. 13. The operator must follow the UAS manufacturer's aircraft/component, maintenance, overhaul, replacement, inspection, and life limitrequirements. 14. The operator must carry out its maintenance, inspections, and record keeping requirements, in accordance with the operating documents. Maintenance, inspection, alterations, and status ofreplacement/overhaul component parts must be noted in the aircraft records, including total time in service, description of work accomplished, and the signature ofthe authorized personreturning the UAS to service. 15. Each UAS operated under this exemption must comply with all manufacturer Safety Bulletins. 16. The authorized person must make an entry in the aircraft record ofthe corrective actiontaken against discrepancies discovered betweeninspections. 17. The PIC mustpossess at least aprivate pilot certificate and at least a currentthirdclass medical certificate. 18. The operator may not permit any PIC to operate unless the PIC meets the operator's qualification criteria and demonstrates the ability to safely operate the UAS in amanner consistentwith how the UAS will be operated under the exemption, including evasive and emergency maneuvers and maintaining appropriate distances

17from persons, vessels, vehicles and structures. PIC qualification flight hours must be logged in a manner consistent with 14 C.F.R. § 61.51(b). Flights for the purposes of training the operator's PICs are permitted under the terms of the exemption. However, training operations may only be conducted during dedicated training sessions. During training, proficiency, and experience-building flights, all persons not essential for flight operations are considered nonparticipants, and the PIC must operate the UA with appropriate distance from nonparticipants in accordance with 14 C.P.R. §91.119. 19. UAS operations may notbe conducted during night, as defined in 14 C.P.R. § 1.1. All operations must be conducted under visual meteorological conditions (VMC). If flight at night is required, a special request will be made at the FAA office closest to proposed area ofoperations. Flights under special visual flight rules (SVFR) are not authorized. 20. The UA may not operate within 5 nautical miles ofan airport reference point as denoted on a current FAA-published aeronautical chart unless a letter ofagreement with that airport's management is obtained, and the operation is conducted in accordance with a NOTAM as required by the operator's COA. The letter of agreement with the airport management must be made available to the Administrator uponrequest. 21. The UA may not be operated less than 500 feet below or less than 2,000 feet horizontally from a cloud orwhen visibility is less than 3 statute miles from the PIC. 22. Ifthe UA loses communications or loses its GPS signal, it must return to a predetermined location within the planned operating area and land or be recovered in accordance withthe operating documents. 23. The PIC must abortthe flight inthe event ofunpredictedobstacles or emergencies in accordance withthe operating documents. 24. The PIC is prohibited from beginning a flight unless (considering wind and forecast weather conditions) there is enough power to fly at normal cruising speed to the intended landingpoint and land the UA with 25% batterypowerremaining. 25. The operator must obtain an Air Traffic Organization (ATO) issued Certificate of Waiver or Authorization (COA) priorto conducting any operations under the grant of exemption. This COA will also require the operator to request a Notice to Airman (NOTAM) not more than 72 hours in advance, but not less than48 hours priorto the operation. All operations shall be conductedin accordance with airspacerequirements in the ATO issued COA including class of airspace, altitude level and potential transponderrequirements. 26. All aircraft operatedin accordance withthe exemption mustbe identifiedby serial number, registered in accordance with 14 C.P.R. part 47, and have identification (N18' .., Number) markings in accordance with 14 C.P.R. part 45, Subpart C. Markings must be as large as practicable. 27. Before conducting operations, the radio frequency spectrum used for operation and control ofthe UA must comply with the Federal Communications Commission (FCC) orother appropriate governmentoversight agencyrequirements. 28. The documents required fewer than 14 C.P.R. 91.9 and 91.203 must be available to the PIC at the Ground Control Station ofthe UAS any time the UAS is operating. These documents must be made available to the Administrator or any law enforcementofficial uponrequest. 29. The UA must remain clear and yield the right of way to all manned aviation operations and activities at all times. 30. The UAS maynotbe operatedbythe PIC from any moving device orvehicle. 31. Flight operations must be conducted at least 500 feet from all nonparticipating persons (persons other than the PIC, SO, operator trainees or essential persons), 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 protection and are within 500 feet ofthe UA, flight operations must cease immediately and/or; b. The aircraft is operated near vessels, vehicles or structures where the owner/controller ofsuch vessels, vehicles or structures has granted permission and the PIC has made a safety assessment ofthe risk of operating closer to those objects and determinedthatit does notpresent an undue hazard, and;

c. Operations nearer to the PIC, SO, operator trainees or essential persons do notpresent anundue hazardto those persons per§ 91.119(a). 32. All operations shall be conducted over private or controlled-access property with permission from the land owner/controller or authorized representative. Permission from land owner/controller or authorized representative will be obtained for each flight to be conducted. 33. Any incident, accident, or flight operation that transgresses the lateral or vertical boundaries ofthe operational area as defined bythe applicable COAmustbe reported to the FAA's UAS Integration Office (AFS-80) within 24 hours. Accidents must be reported to the National Transportation Safety Board (NTSB) per instructions contained ontheNTSB Web site: www.ntsb.gov.

192. Reasons Why An Exemption From The Requirements Of Section 61.113(a) And (b) WouldNotAdverselyAffect Safety. PETER THEILEN submits that the equivalent level of safety established by Section 61.113(a) and (b) will be maintained because no PIC will be allowed to operate the DJI Phantom 3 UAS unless that PIC has demonstrated, by meeting minimum flight-hour and currency requirements, that the PIC is able to safely operate the DJI Phantom 3 UAS in a manner consistent with the exemption, including evasive and emergency maneuvers and maintaining appropriate distances from people, vessels, vehicles and structures. Considering PETER THEILEN proposed area of operations, and the operating limitations set forth-above; the parallel nature ofprivate pilot aeronautical knowledge requirements to those of commercial pilot requirements (See ExemptionNo. 11062); and the airmanship skills necessary to safely operate the DJI Phantom 3UAS, PETERTHEILEN submits that the additional manned airmanship experience ofa commercially certificated pilot would not correlate to the airmanship skills necessary for PETERTHEILEN specificproposed flight operations. The FAA has previously granted relief from Section 61.113(a) and (b) specific to UAS, in circumstances similar, in all material respects, to those presented herein (e.g. Exemption Nos. 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110, 11112, 11136, 11138, 11150, 11153, 11156, 11158, 11159, 11160, 11161). PETERTHEILEN will not allow any PIC to operate the DJI Phantom 3UAS unless thatPIC has demonstrated, bymeetingminimumflight-hour requirements orthe DJI Phantom 3UAS training and currency requirements, that the PIC is able to safely operate the DJI Phantom 3 UAS in a manner consistent with this exemption, including evasive and emergency maneuvers and maintaining appropriate distances from people, vessels, vehicles and structures. Specifically, the PIC musthave accumulated and logged, in amanner consistentwith 14 C.F.R. § 61.51(b), 25 hours oftotal time as a UAS rotorcraft pilot (with a minimum of5 hours ofthose hours as aUAS pilot operatingthe same make and model ofUAS to be used for operations under the exemption). In addition to the hour requirements, the PIC must accomplish 3 takeoffs and landings inthe preceding 90 days (for currencypurposes). As in Exemption Nos. 11062, 11138, and 11153, prior documented flight experience that was obtained in compliance with applicable regulations will ensure an equivalent level of safety during PETER THEILEN proposed operations. The Administrator has held that prior documented flight experience that was obtained in compliance with applicable regulations would ensure safe operations, stating as follows: In Exemption No. 11062, the FAA required that prior to conducting operations for the purpose ofmotionpicture filming (or similar operations), the PIC musthave accumulated and logged, in a manner consistent with 14 CFR 61.51(b), 25 hours oftotal time as a UAS rotorcraft pilot including at least 10 hours logged as a UAS pilot with a multi-rotor UAS. Prior to operations under Exemption No. 11062, the PIC must also have accumulated and logged a minimum of5 hours as a UAS pilot operating the same make

20and model ofUAS to be used for operations under the exemption. For clarification, the FAA considers these minimumhourrequirements to be inclusive rather than additive; i.e. 5hours make and model time may be included inthe 10 hours ofmulti-rotortime and the 10 hours may be included in the total 25 hours ofUAS rotorcraft time. In addition to the hour requirements, the PIC must accomplish 3takeoffs and landings in the preceding 90 days (for currency purposes). The FAA finds that at a minimum, the flight-hour requirements inExemptionNo. 11062 are appropriate to practice andbuildproficiency in the skills necessary to safely conduct the petitioner's proposed operations. The FAA also finds that prior documented flight experience that was obtained in compliance with applicable regulations would satisfy this requirement. Training, proficiency, and experience-building flights can also be conducted under the grant of exemption to accomplishthe required flight time. During training, proficiency, and experience-building flights the PIC is required to operate the UA with appropriate distances in accordance with 14 C.F.R 91.119.

ExemptionNo. 11138 atpage 15. Accordingly, PETER THEILEN will ensure safe operations by not allowing any PIC to operate the DJI Phantom 3 UAS unless that PIC has demonstrated, by meeting minimum flight-hour and currency requirements, thatthe PIC is able to safely operate the DJI Phantom 3 UAS in amanner consistent with the exemption, including evasive and emergency maneuvers and maintaining appropriate distances from people, vessels, vehicles and structures.

3. Reasons Why An Exemption From The Requirements Of Section 91.7(a) Would Not AdverselyAffect Safety. The equivalent level ofsafety established by Section 91.7(a) will be maintained because prior to every flight, PETER THEILEN will ensure that the DJI Phantom 3 UAS is in an airworthy condition based upon the UAS's compliance with its operating documents and as stated in the conditions and**~imitations** herein. Additionally, the FAA has previously granted relieffrom Section 91.7(a) specific to UAS, in circumstances similar, in all material respects, to those presented herein (e.g. Exemption Nos. 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110, 11112, 11136,11138, 11150, 11153, 11156, 11157, 11158, 11159, 11160, 11161).

4. Reasons Why An Exemption From The Requirements Of Section 91.121 Would Not Adversely Affect Safety. The equivalent level of safety established by Section 91.121 will be maintained because the altitude information ofthe DJI Phantom 3 UAS will be provided to the PIC via GPS equipment and a radio communications telemetry data link, which downlinks from the UA to the GCS for

21active monitoring of the flight path and altitude. This altitude information, combined with PETER THEILEN operation ofthe DJI Phantom 3 UAS within visual line ofsight, at orbelow 500 feet AGL, will ensure a level of safety equivalent to Section 91.121. The altitude information will be generated by GPS equipment installed onboard the aircraft. Prior to each flight, a zero altitude initiationpointis automatically establishedbythe UAS at ground level. The FAA has previously granted relieffrom Section 91.121 specific to UAS, in circumstances similar, in all material respects, to those presented herein (e.g. Exemption Nos. 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11112, 11136, 11138, 11150, 11153, 11156, 11157, 11158, 11159, 11160, 11161).

5. Reasons Why An Exemption From The Requirements OfSection 91.151(b) Would Not AdverselyAffect Safety. A grant ofthis exemption would ensure an equivalent level ofsafety established by 14 C.F.R. Section 91.151(b) as a result of(1) the technical specifications ofthe DJI Phantom 3 UAS; (2) the limitations on the proposed flight operations; and (3) the location of the proposed flight operations. Accordingly, PETER THEILEN will ensure that it will safely operate the battery powered DJI Phantom 3 UAS during daylight hours in VFR conditions, with enough battery powerto fly for a total duration of23 minutes. Here, as in Exemption No. 11109, the technical specifications ofthe DJI Phantom 3 UAS; the limitations on the proposed flight operations; and the location ofthe proposed operations, will ensure an equivalent level of safety established by 14 C.F.R. Section 91.151(b). Furthermore, safety will be ensured as the DJI Phantom 3 UAS provide audible and visual warnings to the PIC at the GCS when the UAS experiences low battery voltage, the first warning occurring at approximately 33% remaining battery power, and again at approximately 10% remaining battery power. At the critically low battery level, the DJI Phantom 3 UAS will descend and land automatically. Significantly, previous exemptions granted bythe FAA concerning Section 91.151 establishthat safety is not adversely affected whenthe technical characteristics and operating limitations ofthe UAS are considered. Relief has been granted for manned aircraft to operate at less than the minimums prescribed in Section 91.151, including Exemption Nos. 2689, 5745, and 10650. Moreover, the FAA has previously granted relief from Section 91.151 specific to UAS, in circumstances similar, in all material respects, to those presented herein (e.g. Exemption Nos. 8811, 10808, 10673, 11042, 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110, 11136, 11138, 11150, 11153, 11156, 11157, 11158, 11159, 11160, 11161).

6. Reasons Why An Exemption From The Requirements Of Sections 91.405(a), 91.407(a)(l), 91.409(a)(l) & (a)(2), And 91.417(a) & (b) Would Not Adversely Affect Safety.

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# l In seeking this exemption, PETER THEILEN submits that the equivalent level of safety with regard to the regulatory maintenance and alteration requirements established by Sections 91.405(a), 91.407(a)(l), 91.409(a)(l) & (a)(2), and 91.417(a) & (b) will be metbecause PETER THEILEN will use trained technicians to perform maintenance, alterations, or preventive maintenance on the UAS using the methods, techniques, and practices prescribed in the operating documents (i.e., PETER THEILEN Aerial Operations Manual, Monthly Maintenance Log, and DJI Phantom 3 Instruction Manual). Furthermore, PETER THEILEN will document and maintain all maintenancerecords for the DJI Phantom 3UAS. Since the DJI Phantom 3 UAS will be inspected as prescribed by the operating documents, PETER THEILEN will maintainthe equivalent level ofsafety establishedby Sections 91.405(a), 91.409(a)(l), and 91.409(a)(2). A copy ofthe DJI Phantom 3 User Manuals are attached hereto as Appendix A. Likewise, the exemption sought will not adversely affect safety because PETER THEILEN will use trained technicians to perform maintenance, alterations or preventive maintenance on the UAS using the methods, techniques, and practices prescribed by the operating documents. Furthermore, the exemption sought would maintain an equivalent level ofsafety established by Sections 91.407, 91.417(a) and 91.417(b), because 

### a11 maintenance ofthe DJI Phantom 3 UAS will be performed by trained technicians. Maintenance will be documented and maintained utilizingthe monthlymaintenance log. Significantly, previous exemptions granted by the FAA concerning Sections 91.405(a), 91.407(a)(l), 91.409(a)(1) & (a)(2), and 91.417(a) & (b) establish that safety is not adversely affected whenthe technical characteristics and operating limitations ofthe UAS are considered. In consideration ofPETER THEILEN proposed operating limitations, the operating documents, and the technical aspects ofthe DJI Phantom 3 UAS, PETERTHEILEN submits that safety will notbe adversely affectedby granting exemption from 14 C.F.R. Sections 91.405(a), 91.407(a)(1) and (a)(2), 91.409(a)(2), and 91.417(a) and (b). The FAA has previously granted reliefspecific to UAS in circumstances similar, in all material respects, to those presented herein (e.g. Exemption Nos. 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110, 11112, 11136, 11138, 11150, 11153, 11156, 11157, 11158, 11159, 11160, 11161). 7. The FAAMayPrescribeAny Other Conditions ForSafe Operation. In accordance with Section 333 ofthe FAA Modernization and Reform Act of2012 (FMRA) and 14 C.F.R. § 21.16 entitled Special Conditions, PETER THEILEN requests that the FAA prescribe special conditions for the intended operation ofthe DJI Phantom 3 UAS, which contain such safety standards that the Administrator finds necessary to establish a level of safety equivalent to that established by 14 C.F.R. Part 21, Subpart H, and 14 C.F.R §§ 61.113(a) & (b), 91.7 (a), 91.121, 91.151(b), 91.405(a), 91.407(a)(l), 91.409(a)(l) & (a)(2), and 91.417(a) & (b). Such special conditions will permit safe operation of the UAS for the limited purpose of conducting aerial video and photography over certain areas of the United States for compensation or hire. FMRA Section 333 sets forth the requirements for considering whether a UAS will create a hazardto users oftheNAS orthe public, or otherwise pose a threatto national

23security; and further, provides the authority for such UAS to operate without airworthiness certification in accordance with any requirements that must be established for the safe operation ofthe UAS intheNAS. Likewise, the Administrator may prescribe special conditions pursuant to 14 C.F.R. § 21.16, for operation ofthe DJI Phantom 3 UAS, since the airworthiness regulations of 14 C.F.R. Part 21 do not contain adequate or appropriate safety standards, due to the novel or unusual design features of the aircraft. Section 21.16, entitled Special Conditions, states the following: If the FAA finds that the airworthiness regulations of this subchapter do not contain adequate or appropriate safety standards for an aircraft, aircraft engine, or propeller because ofa novel or unusual design feature ofthe aircraft, aircraft engine or propeller, he prescribes special conditions and amendments thereto for the product. The special conditions are issued in accordance with Part 11 ofthis chapter and contain such safety standards for the aircraft, aircraft engine or propeller as the FAA finds necessary to establish a level ofsafety equivalentto that establishedinthe regulations. See 14 C.F.R. §21.16. Therefore, in accordance with FMRA Section 333 and 14 C.F.R. § 21.16, the FAA may prescribe special conditions for PETER THEILEN's intended operation ofthe DJI Phantom 3 UAS, which contain such safety standards that the Administrator finds necessary to establish a level of safety equivalent to that established by 14 C.F.R. Part 21, Subpart H, and 14 C.F.R Sections 61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(l), 91.409(a)(l) & (a)(2), and 91.417(a) & (b).

.. A Summary That Can Be Published In The Federal Register, stating: The Rules FromWhichPETERTHEILEN SeeksExemption:

PETER THEILEN seeks exemption from the requirements of 14 C.F.R Sections 61.113(a)&(b), 91. 7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and91.417(a) & (b). ABriefDescription OfTheNature OfTheExemptionPETERTHEILEN Seeks: This exemption willpermit PETER THEILEN to commercially operate an Unmanned AircraftSystem (UAS)for thepurpose of conducting aerial video andphotography over certain areas of the UnitedStates.

• Any Additional Information, Views, Or Arguments Available To Support PETERTHEILENrequest.

This Petitionis made pursuantto the FAA Modernization and Reform Act of2012

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(FMRA) Section 333, which directs the Secretary ofTransportation to determine ifcertain UAS may operate safely in the NAS. As such, PETER THEILEN request for exemption may be granted pursuantto the authority ofFMRA Section 333 and 14 C.F.R. Part 11, as setforth above. FMRA Section 333 sets forth the requirements for considering whether a UAS will create a hazard to users ofthe NAS or the public, or otherwise pose a threat to national security; and further, providesthe authority for suchUAS to operate without airworthiness certification. As discussed in detail above, PETER THEILEN will operate the DJI Phantom 3 UAS safely in the NAS, without creating a hazardto users ofthe NAS, or the public, or otherwisepose athreat to national security. CONCLUSION As set forth herein, PETER THEILEN seeks an exemption pursuant to 14 C.F.R. § 11.61 and Section 333 oftheFAA Modernization and Reform Act of2012 (FMRA), whichwill permit safe operation ofthe DJI Phantom 3 UAS commercially, without an airworthiness certificate, for the limited purpose of conducting aerial video and photography over certain areas ofthe United States. By granting this Petition, the FAA Administrator will be fulfilling the Congressional mandate ofthe FAA Modernization and Reform Act of2012, while also advancing the interests ofthe public, by allowing PETERTHEILEN to safely, efficiently, and economically operate the DJI Phantom 3UAS commerciallywithinthe NAS. WHEREFORE, in accordance with the Federal Aviation Regulations and the FAA Modernization and Reform Act of2012, Section 333, PETER THEILEN respectfully requests that the Administrator grant this Petition for an exemption from the requirements of 14 C.F.R Sections 61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(l), 91.409(a)(1) & (a)(2), and 91.417(a) & (b), and permit PETER THEILEN to operate the DJI Phantom 3 UAS commercially for the purpose ofconducting aerial video and photography over certain areas of the United States. Dated: August 31, 2015

PETERTHEILEN 6289 Pinehurst Drive Spring Hill, Fl. 34606 352-410-7357 ptnfl@tampabay.rr.com

25Appendices:

A - Linkto DJIPhantom 3Manual: Clickonlinkbelow http://download.djiinnovations.com/downloads/phantom 3/en/Phantom 3 Professional User Manual v1.2 en.pdf

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