Arturo Esquivel

128 Richh St

Waxahachie, TX 75165

(469) 658-9372

info@artesqphoto.com

March 1, 2016

UNITED STATES OF AMERICA DEPARTMENT OF TRANSPORTATION

FEDERAL AVIATION ADMINISTRATION WASHINGTON, DC

IN THE MATTER OF THE PETITION FOR EXEMPTION OF:

Artesq Cinema Productions

FOR AN EXEMPTION SEEKING RELIEF FROM THE REQUIREMENTS OF

TITLE 14 OF THE CODE OF FEDERAL REGULATIONS

SECTIONS 61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1),

91.409(a)(1) & (a)(2), AND 91.417(a) & (b) CONCERNING COMMERCIAL

OPERATION OF THE DJI Professional 3 UNMANNED AIRCRAFT SYSTEM

PURSUANT TO SECTION 333 OF

THE FAA MODERNIZATION AND REFORM ACT OF 2012

(PUBLIC LAW 11295)

Submitted on March 1, 2015

Arturo Esquivel 128 Richh St. Waxahachie, Texas 75165
TABLE OF CONTENTS

GLOSSARY OF ABBREVIATIONS.................................................................................

SUMMARY..........................................................................................................................

INTRODUCTION AND INTERESTS OF

PETITIONERS.................................................

BACKGROUND................................................................................................................

BASIS FOR

PETITION...........................................................................................................................

NAME AND ADDRESS OF PETITIONER'S...........................................................

THE SPECIFIC SECTIONS OF 14 C.F.R. FROM WHICH Artesq Cinema

Productions SEEKS EXEMPTION.................................................................................

THE EXTENT OF RELIEF D&N CINEMATICS SEEK AND THE REASON Artesq

Cinema ProductionsSEEKS THE RELIEF..........................

THE REASONS WHY GRANTING REQUEST WOULD BE IN THE PUBLIC

INTEREST ......................................................

THE REASONS WHY GRANTING THE EXEMPTION WOULD NOT

ADVERSELY AFFECT SAFETY .........................................................................

CONCLUSION.................................................................................................................
SUMMARY

Arturo Esquivel, owners of Artesq Cinema Productions, seek exemption from

the requirements of 14 C.F.R §§ 61.113(a) & (b), 91.7(a), 91.121, 91.151(b),

91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b), to operate an

Unmanned Aircraft System pursuant to Section 333 of the FAA

Modernization and Reform Act of 2012 (FMRA). This exemption will permit

Artesq Cinema Productions operate an Unmanned Aircraft System (UAS) for

the commercial purpose of conducting aerial video and photography to be

used in television and web based commercials, educational videos,

documentaries and news reports, workplace safety, agriculture, and sporting

events over certain areas of the United States.

INTRODUCTION AND INTERESTS OF THE PETITIONERS

Arturo Esquivel, owners of Artesq Cinema Productions located in

Waxahachie Texas. Artesq Cinema Productions was founded in 2008.

Artesq Cinema Productions counts government agencies, environmental

organizations, city transportation, visitor’s bureaus and national corporations

among our clients. Artesq Cinema Productions is actively involved in the

Waxahachie, Texas community. Artesq Cinema Productions has nearly 1 year

of UAS experience for hobby and recreational purposes. The objective of

Artesq Cinema Productions is to provide high quality imaging for a variety of

commercial and public uses, specifically targeting:

● Creation of commercial messages for television and websites

● Documentaries

● Educational videos

● Safety and training

● Agriculture

● Real Estate
● Increasing public knowledge of UAS and promote safe UAS

operations.

BACKGROUND

Unmanned Aircraft Systems: DJI Phantom 3 Professional

Artesq Cinema Production seeks an exemption to operate DJI

systems for compensation or hire within the

NAS. The DJI Professional 3 is a vertical takeoff and landing (VTOL)

Unmanned Aircraft (UA) with a Ground Control Station (GCS) utilizing

electronic tablet or smart phone systems. The DJI Professional 3 has

a maximum gross weight of 5 pounds a length of 590mm, and a

maximum speed of approximately 3 meters per second. The DJI

Professional 3 is equipped with four main rotors; driven by Lithium

Polymer battery powered electric motors. The DJI Professional 3 that

will be operated by Artesq Cinema Production will be registered in

accordance with 49 U.S.C. 44103, Registration of Aircraft, as well as

14 C.F.R Part 47,

Aircraft Registration, and marked in accordance with 14 C.F.R. Part

45, Identification and Registration Marking.

BASIS FOR PETITION

Petitioners, Arturo Esquivel of Artesq Cinema Production pursuant to

the provisions of the Federal Aviation Regulations (14 C.F.R. § 11.61)

and the FAA Modernization and Reform Act of 2012 (FMRA), Section

333, Special Rules for Certain Unmanned Aircraft Systems, hereby

petition the Administrator to commercially operate the DJI

Professional 3 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, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (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, Arturo

Esquivel of Artesq Cinema Production

meets the conditions of FMRA Section 333 and therefore, will not

require an airworthiness certificate in accordance with 14 C.F.R. Part

21, Subpart H.

Accordingly, Artesq Cinema Production 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.
Artesq Cinema Production submits that the requested relief is proper

since an equivalent level of safety will be ensured. Artesq Cinema

Production 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 Professional Instruction Manual). Furthermore, Artesq

Cinema Production will document and maintain all maintenance

records for the DJI Phantom 3 Professional.

Relief from certain requirements of Section 61 .113 (a) and (b) , entitled

Private pilot privileges and limitations: Pilot in command, is

requested by Artesq Cinema Production to the extent necessary to

allow a Pilot in Command (PIC) holding 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 3 Professional UAS in a manner consistent with this

exemption, including evasive and emergency maneuvers and

maintaining appropriate distances from people, vessels, vehicles and

structures.

Artesq Cinema Production seeks relief from Section 91.7(a), entitled

Civil aircraft airworthiness, because the DJI Phantom 3 Professional

does not require an airworthiness certificate in accordance with 14

C.F.R. Part 21, Subpart H. As such, Artesq Cinema Production submits

that they will ensure that the DJI Phantom 3 Professional 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 3 Professional Instruction

Manual), and that the aircraft are in a condition for safe flight.

Artesq Cinema Production also seeks an exemption from the

requirements of Section 91.121, entitled Altimeter Settings, as the DJI

Phantom 3 Professional will not have a typical barometric altimeter

onboard. However, altitude information of the DJI Phantom 3

Professional 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 of the

flight path. This altitude information, combined with Artesq Cinema

Production’s operation of the DJI Phantom 3 Professional within

visual line of sight, at or below 500 feet AGL, will ensure a level of

safety equivalent to Section 91.121.
Additionally, Artesq Cinema Production seeks an exemption from the

requirements of Section 91.151(b), entitled Fuel requirements for flight

in VFR conditions. Artesq Cinema Production submits that safety will

not be affected by operation of the DJI Phantom 3 Professional

during daylight hours in visual meteorological conditions (VMC) under

visual flight rules (VFR), with enough battery power to fly for a total

duration of approximately 20 minutes to the first point of intended

landing and, assuming normal cruising speed, to fly after that for at

least 4.5 minutes.

In accordance with 14 C.F.R. § 11.81, Artesq Cinema Production

provide the following information in support of their petition for

exemption:

B. The Specific Sections Of 14 C.F.R. From Which Artesq Cinema

Production Seeks Exemption.

1. Artesq Cinema Production Seeks Exemption From The

Requirements Of Section 61.113(a) And (b).

Section 61.113, entitled Private pilot privileges and limitations: Pilot in

command, subsections (a) and (b) prescribe the following, in relevant

part:

(a) No person who holds a private pilot certificate may act as a pilot in

command (PIC) of an aircraft that is carrying passengers or property

for compensation or hire; nor may that person, for compensation or

hire, act as PIC of an aircraft.

(b) 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 carry passengers or property for

compensation or hire.

2. Artesq Cinema Production Seeks Exemption From The

Requirements Of Section 91.7(a).

Section 91.7, entitled Civil aircraft airworthiness, subsection (a), states

the following:

(a) No person may operate a civil aircraft unless it is in an airworthy

condition.

3. Artesq Cinema Production Seeks Exemption From The

Requirements Of Section 91.121.

Section 91.121, entitled Altimeter settings, subsection (a), states the

following, in part:
(a) Each person operating an aircraft shall maintain the cruising

altitude or flight level of that aircraft, as the case may be, by

reference to an altimeter that is set, when operating

(1) Below 18,000 feet MSL, to

(i) The current reported altimeter setting of a station along the route

and within 100 nautical miles of the aircraft;

(ii) If there is no station within the area prescribed in paragraph (a)(1)(i)

of this section, the current reported altimeter setting of an

appropriate available station; or

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

of the departure airport or an appropriate altimeter setting available

before departure.

4. Artesq Cinema Production Seeks Exemption From The

Requirements Of Section 91.151(b). Section 91.151, entitled Fuel

requirements for flight in VFR conditions, subsection

(b), states the following:

(b) No person may begin a flight in a rotorcraft 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, to fly after that for at least 20 minutes.

5. Artesq Cinema Production Seeks Exemption From The

Requirement Of Section 91.405(a).

Section 91.405, entitled Maintenance required, subsection (a), states

the following: Each owner or operator of an aircraft—

(a) Shall have that aircraft inspected as prescribed in subpart E of this

part and shall between required inspections, except as provided in

paragraph (c) of this section, have discrepancies repaired as

prescribed in part 43 of this chapter[.]

6. Artesq Cinema Production Seeks Exemption From The

Requirements Of Section 91.407(a)(1) Section 91.407, entitled

Operation after maintenance, preventive maintenance, rebuilding, or

alteration, subsection (a)(1), states the following:

(a) No person may operate any aircraft that has undergone

maintenance, preventive maintenance, rebuilding, or alteration

unless

(1) It has been approved for return to service by a person authorized

under § 43.7 of this chapter[.]

(1) It has been approved for return to service by a person authorized

under § 43.7 of this chapter[.]
7. Artesq Cinema Production Seek Exemption From The

Requirements Of Sections 91.409(a)(1) And 91.409(a)(2).

Section 91.409, entitled Inspections, subsection (a), states the

following:

(a) Except as provided in paragraph (c) of this section, no person may

operate an aircraft unless, within the preceding 12 calendar months, it

has had

(1) An annual inspection in accordance with part 43 of this chapter

and has been approved for return to service by a person authorized

by § 43.7 of this chapter; or

(2) An inspection for the issuance of an airworthiness certificate in

accordance with part 21 of this chapter.

8. Artesq Cinema Production Seeks Exemption From The

Requirements Of Sections 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 in paragraph (b) of this section:

(1) Records of the maintenance, preventive maintenance, and

alteration and records of the 100hour, annual, progressive, and other

required or approved inspections, as appropriate, for each aircraft

(including the airframe) and each engine, propeller, rotor, and

appliance of an aircraft. The records must include

(i) A description (or reference to data acceptable to the Administrator)

of the work performed; and

(ii) The date of completion of the work performed; and

(iii) The signature, and certificate number of the person approving the

aircraft for return to service.

(2) Records containing the following information:

(i) The total time in service of the airframe, each engine, each

propeller, and each rotor.

(ii) The current status of life limited parts of each airframe, engine,

propeller, rotor, and appliance.

(iii) The time since last overhaul of all items installed on the aircraft

which are required to be overhauled on a specified time basis.

(iv) The current inspection status of the aircraft, including the time

since the last inspection required by the inspection program under

which the aircraft and its appliances are maintained.

(v) The current status of applicable 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 when the 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 in paragraph (a)(1) of this section shall be

retained until the work is repeated or superseded by other work or

for 1 year after the work is performed.

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

retained and transferred with the aircraft at the time the aircraft is

sold.

(3) A list of defects furnished to a registered owner or operator under

§ 43.11 of this chapter shall be retained until the defects are repaired

and the aircraft is approved for return to service.

Seek Exemption From The Requirements Of Sections 91.409(a)(1)

And 91.409(a)(2).

Section 91.409, entitled Inspections, subsection (a), states the

following:

(a) Except as provided in paragraph (c) of this section, no person may

operate an aircraft unless, within the preceding 12 calendar months, it

has had

(1) An annual inspection in accordance with part 43 of this chapter

and has been approved for return to service by a person authorized

by § 43.7 of this chapter; or

(2) An inspection for the issuance of an airworthiness certificate in

accordance with part 21 of this chapter.

8. Artesq Cinema Production Seeks Exemption From The

Requirements Of Sections 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 in paragraph (b) of this section:

(1) Records of the maintenance, preventive maintenance, and

alteration and records of the 100 hour, annual, progressive, and other

required or approved inspections, as appropriate, for each aircraft
(including the airframe) and each engine, propeller, rotor, and

appliance of an aircraft. The records must include

(i) A description (or reference to data acceptable to the Administrator)

of the work performed; and

(ii) The date of completion of the work performed; and

(iii) The signature, and certificate number of the person approving the

aircraft for return to service.

(2) Records containing the following information:

(i) The total time in service of the airframe, each engine, each

propeller, and each rotor.

(ii) The current status of life limited parts of each airframe, engine,

propeller, rotor, and appliance.

(iii) The time since last overhaul of all items installed on the aircraft

which are required to be overhauled on a specified time basis.

(iv) The current inspection status of the aircraft, including the time

since the last inspection required by the inspection program under

which the aircraft and its appliances are maintained.

(v) The current status of applicable 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 when the 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 in paragraph (a)(1) of this section shall be

retained until the work is repeated or superseded by other work or

for 1 year after the work is performed.

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

retained and transferred with the aircraft at the time the aircraft is

sold.

(3) A list of defects furnished to a registered owner or operator under

§ 43.11 of this chapter shall be retained until the defects are repaired

and the aircraft is approved for return to service.

C. The Extent Of Relief D&N Cinematics LLC Seeks And The

Reason D&N Cinematics Seeks The Relief.

1. Extent Of Artesq Cinema Productions Seeks And The Reason

Artesq Cinema Productions Seeks Relief From Section 61.113(a) And

(b).
Relief from Section 61.113 ( a ) and ( b ) entitled Private pilot privileges

and limitations : Pilot in command, is requested to the extent

necessary to allow a PIC holding a valid airman medical certificate,

and who has met certain flight hour and currency requirements, to

conduct the proposed UAS flight operations for compensation or

hire.

This relief is requested since the limitations set forth in Section

61.113(a) and (b) state that a private pilot 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 carry passengers or

property for compensation or hire.

Asset for more fully below , Artesq Cinema Productions submits that

an equivalent level of safety will be maintained because no PIC will

be allowed to operate the DJI Phantom 3 Professional unless that PIC

has met certain flight hour and currency requirements, demonstrating

that the PIC is able to safely operate the DJI Phantom 3 Professional

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, Artesq Cinema Productions submits that all flights of the DJI

Phantom 3 Professional, conducted by the PIC pursuant to the grant

of this Petition : ( 1 ) will be incidental to Artesq Cinema Productions

business ; and ( 2 ) will not carry passengers or property for

compensation or hire.

2. Extent Of Relief Artesq Cinema Productions Seeks And The

Reason Artesq Cinema Productions Seeks Relief From Section

91.7(a).

Relief from Section 91.7(a) entitled Civil aircraft airworthiness, is

requested to the extent required to allow Artesq Cinema Productions

to determine that the DJI Phantom 3 Professional are in airworthy

condition prior to every flight by ensuring that the UAS is in

compliance with the operating documents (i.e., the Artesq Cinema

Productions Aerial Operations Manual, Monthly Maintenance Log,

and DJI Phantom 3 Professional Instruction Manual).

Artesq Cinema Productions seeks the requested relief because the

DJI Phantom 3 Professional does not require an airworthiness
certificate in accordance with 14 C.F.R. Part 21, Subpart H. Therefore,

Artesq Cinema Productions will ensure that the DJI Phantom 3

Professional is in airworthy condition based upon its compliance with

the operating documents (i.e., Monthly Maintenance Log, and DJI

Phantom 3 Professional Instruction Manual) prior to every flight, and

further, determine that the aircraft are in condition for safe flight, as

stated in the conditions and limitations below.

3. Extent Of Artesq Cinema Productions Seeks And The Reason

Artesq Cinema Productions Seeks Relief From Section 91.121.

Relief from Section 91.121, entitled Altimeter settings, may be required

to allow flight operations of the DJI Phantom 3 Professional, 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), Artesq Cinema Productions seeks the requested

relief because the DJI Phantom 3 Professional’s altimeter may be set

on the ground to zero feet AGL, rather than the local barometric

pressure or field altitude, before each flight. Considering the limited

altitude of the proposed operations, relief from 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 Professional is 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 of the UA on the

headsup display of the GCS.

4. Artesq Cinema Productions Seeks And The Reason Artesq Cinema

Productions Relief From 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 of

the battery powered DJI Phantom 3 Professional during daylight

hours in visual meteorological conditions (VMC), under visual flight

rules (VFR), for a total duration of 13.5 minutes to the first point of

intended landing and, assuming normal cruising speed, to fly after

that for at least 4.5 minutes. Artesq Cinema Productions seeks the

requested relief because without an exemption from Section
91.151(b), the flight time duration of the battery powered DJI Phantom

3 Professional will severely constrain the practicality of any aerial

video or still photo flight operations that Artesq Cinema Productions

proposes to conduct pursuant to this Petition.

Significantly, as set forth below, the technical specifications of the DJI

Phantom 3 Professional, the DJI Phantom 3 Professional operating

documents, and Artesq Cinema Production’s proposed operating

limitations, ensure that Artesq Cinema Productions will safely operate

the battery powered DJI Phantom 3 Professional during daylight

hours in visual meteorological conditions (VMC), under visual flight

rules (VFR), with enough battery power to fly for a total duration of

13.5 minutes to the first point of intended landing and, assuming

normal cruising speed, to fly after that for at least 4.5 minutes.

5. Extent Of Relief Artesq Cinema Productions Seeks And The

Reason Artesq Cinema Productions Seeks Relief From Sections

91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), And 91.417(a) & (b).

Since Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a)

& (b) only apply to aircraft with an airworthiness certificate, Artesq

Cinema Productions request relief from these Sections because the

DJI Phantom 3 Professional does not require an airworthiness

certificate. As set forth more fully below, the DJI Phantom 3

Professional meets the conditions of FMRA Section 333 for operation

without an airworthiness certificate. Accordingly, Artesq Cinema

Productions 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 Artesq Cinema Productions Aerial Operations

Manual, Monthly Maintenance Log, and Artesq Cinema Productions

Instruction Manual). Furthermore, Artesq Cinema Productions will

document and maintain all maintenance records for the DJI Phantom

3 Professional.

D. The Reasons Why Granting Artesq Cinema Productions Request

Would Be In The Public Interest; That Is, How It Would Benefit The

Public As A Whole.

Granting the present Petition will further the public interest by

allowing Artesq Cinema Productions to safely, efficiently, and

economically perform aerial video and photography of construction
sites, closed filming sets, real estate, and landscape over certain

areas of the United States.

Additionally, use of the DJI Phantom 3 Professional will decrease

congestion of the NAS, reduce pollution, and provide significant

benefits to the economy. Notably, the benefits of Artesq Cinema

Productions’s proposed operation of the DJI Phantom 3 Professional

will be realized without implicating any privacy issues.

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

The DJI Phantom 3 Professional 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

of manned aircraft needed to perform aerial acquisitions, an

exemption allowing the use of a DJI Phantom 3 Professional would

reduce the amount of manned aircraft in the NAS, reduce noise and

air pollution, as well as increase the safety of life and property in the

air and on the ground.

Furthermore, by reducing the number of manned aircraft operating in

the NAS, congestion around airports caused by arriving and

departing aircraft will be reduced. The DJI Phantom 3 Professional’s

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 handled by air traffic

control during the ground, takeoff, departure, arrival, and landing

phases of flight operations.

2. The Public Will Benefit From The Safety And Efficiency Of The

DJI Phantom 3 Professional .

Conducting aerial acquisitions with the DJI Phantom 3 Professional,

instead of manned aircraft, will greatly benefit the public by

drastically reducing the levels of air and noise pollution generated

during traditional aerial video and still photography flight operations.

By using battery power and electric motors, the DJI Phantom 3

Professional produces 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 2030 gallons

per hour of leaded aviation fuel. The DJI Phantom 3 Professional,

while reducing the carbon footprint of aerial acquisitions, also

eliminates noise pollution, as the UAs are propelled by battery

powered electric motors, rather than an internal combustion engine.
By using the DJI Phantom 3 Professional to perform aerial

acquisitions, the substantial risk to life and property in the air and on

the ground, which is usually associated with traditional 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 Professional (weighing

approximately 5 pounds respectively, at its maximum gross weight

with a length of 590mm, 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 of approximately 42 feet, a length of 34 feet, and a fuel

capacity of 180 gallons).

3. Performing Aerial Video and Photography Operations With The

DJI Phantom 3 Professional will Benefit The Economy.

In addition to being safe and efficient, the DJI Phantom 3 Professional

is also an economical alternative to using manned aircraft to conduct

similar aerial operations. As such, operation of the DJI Phantom 3

Professional will allow United States based companies, like Artesq

Cinema Productions, to remain competitive and contribute to growth

of the 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

Professional 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 of a

traditional manned aircraft.

By operating the DJI Phantom 3 Professional, companies such as

Artesq Cinema Productions, can remain competitive and profitable,

and therefore, provide greater job stability to employees and

contractors, which will ultimately contribute to growth of the U.S.

economy. Improved financial performance of U.S. companies,

through commercial use of the DJI Phantom 3 Professional, 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 both in

the United States and abroad. 4. There Are No Privacy Issues.
Similar to the manned aerial acquisition flight operations that have

been conducted for decades, Artesq Cinema Production’s proposed

operation of the DJI Phantom 3 Professional will not implicate any

privacy issues. Specifically, the DJI Phantom 3 Professional will be

operated only in compliance with operating documents (i.e., the

Artesq Cinema Production Aerial Operations Manual, Monthly

Maintenance Log, and DJI Phantom 3 Professional Instruction

Manual) which requires property owner involvement as well as local

law enforcement notification, and in accordance with the Federal

Aviation Regulations, including the minimum altitude requirements of

14 C.F.R. § 91.119.

E. The Reasons Why Granting The Exemption Would Not Adversely

Affect Safety, Or How The Exemption Would Provide A Level Of

Safety At Least Equal To That Provided By The Rule From Artesq

Cinema Production Seeks Exemption.

1. Reasons Why The DJI Phantom 3 Professional Meets The

Conditions Of The FAA Modernization and Reform Act of 2012

(FMRA) Section 333.

In consideration of the size, weight, speed, and limited operating area

associated with the unmanned aircraft and its operation, Artesq

Cinema Production’s operation of the DJI Phantom 3 Professional

meets the conditions of FMRA Section 333, and will not require an

airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart

H.

Section 333 provides authority for a UAS to operate without

airworthiness certification and sets forth requirements for considering

whether a UAS will create a hazard to users of the NAS or the public,

or otherwise pose a threat to national security. Specifically, FMRA

Section 333 states the following, in part:

(a) In General.Notwithstanding any other requirement of this subtitle,

and not later than 180 days after the date of enactment of this Act,

the Secretary of Transportation shall determine if certain unmanned

aircraft systems may operate safely in the national airspace system

before completion of the

plan and rulemaking required by section 332 of this Act or the

guidance required by section 334 of this Act.
(b) Assessment of Unmanned Aircraft Systems.In making the

determination under subsection (a), the Secretary shall determine, at

a minimum

(1) which types of unmanned aircraft systems, if any, as a result of

their size, weight, speed, operational capability, proximity to airports

and populated areas, and operation within visual line of sight do not

create a hazard to users of the 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 of title 49, United

States Code, is required for the operation of unmanned aircraft

systems identified under paragraph (1).

(c) Requirements for Safe Operation.If the Secretary determines

under this section that certain unmanned aircraft systems may

operate safely in the national airspace system, the Secretary shall

establish requirements for the safe operation of such aircraft systems

in the national airspace system.

In seeking this exemption, Artesq Cinema Production submits that

the DJI Phantom 3 Professional can operate safely in the NAS

pursuant to FMRA Section 333, as demonstrated by: (a) the

characteristics of the DJI Phantom 3 Professional; (b) the pilot

certification requirement; and (c) the specific operating limitations.

a. The Specifications Of The DJI Phantom 3 Professional

Demonstrates Its Safe Characteristics.

The DJI Phantom 3 Professional does not create a hazard to users of

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

considering its size, weight, speed, and operational capability.

i. Technical Specifications Of The DJI Phantom 3 Professional.

The technical specifications of the DJI Phantom 3 Professional are set

forth by the DJI Phantom 3 Professional Specifications and Data

Sheet, attached hereto as Exhibit.

ii. The DJI Phantom 3 Professional Autonomous Flight And

Navigation Modes Enable The UAS To Remain Within A Defined

Operational Area.

The DJI Phantom 3 Professional may be operated in both manual and

fully autonomous flight modes. A complete description of the flight

and navigational modes of the DJI Phantom 3 Professional is
provided at pages 1216 and 4550 of the DJI Phantom 3 Professional

User Manual, attached hereto as Exhibit B.

iii. The DJI Phantom 3 Professional Is Designed For Automatic Return

To Home Point Or Hover In The Event Of Loss Of The Control Link Or

Navigation.

When the Control Link is lost, the DJI Phantom 3 Professional will

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

DJI Phantom 3 Professional do not require control link data from the

GCS, the UA will assume that the Control Link is lost and the UA will

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

descend to the takeoff position and shutdown.

A complete description of the Failsafe Functions of the DJI Phantom

3 Professional are set forth at pages 13 through 15 of the DJI Phantom

3 Professional User Manual, attached hereto as Exhibit A.

iv. The DJI Phantom 3 Professional GCS And Its Operation.

A complete description of the operation and specifications of the DJI

Phantom 3 Professional GCS and flight control software is provided at

pages 40 through 47 of the DJI Phantom 3 Professional User Manual.

DJI Phantom 3 Professional User Manual is attached hereto as Exhibit

A.

b. Flight Operations Of DJI Phantom 3 Professional is Limited To The

Line Of Sight Of A Certificated Pilot in Command With A Safety

Observer.

Artesq Cinema Production will only utilize certificated pilots to act as

a pilot in command (PIC) of the DJI Phantom 3 Professional.

Additionally, a safety observer will assist all pilots during flight time.

c. Flights Of The DJI Phantom 3 Professional Will Be Conducted

Pursuant To Specific Operating Limitations.

In seeking this exemption, Artesq Cinema Production proposes to

commercially operate the DJI Phantom 3 Professional for the special

purpose of conducting aerial video and photography over certain

areas of United States, pursuant to the following specific operating

limitations:

1. Operations authorized by this grant of exemption will be limited to

the following aircraft described in the operating documents, rotorcraft

UASs weighing less than 55 pounds maximum gross weight: DDJI

Phantom 3 Professional Unmanned Aircraft Systems. Proposed
operations of any other aircraft will require a new petition or a

petition to amend this grant.

2. UAS operations under this exemption will be limited to conducting

operations for the purpose of aerial video and photography.

3. The UAs may not be flown at an indicated airspeed exceeding 20

knots.

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

5. The UAs must be operated within visual line of sight (VLOS) of the

PIC at all times. This requires the PIC to be able to use human vision

unaided by any device other than corrective lenses, as specified on

the PIC’s FAA issued airman medical certificate.

6. The use of first person view (FPV) by 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 of the flight. The PIC must ensure that the SO can perform

the functions prescribed in the operating documents.

8. The SO must not perform any other duties beyond assisting the

PIC with seeing and avoiding other air traffic and other ground based

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

other instruments.

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 in the grant of exemption take 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 operator’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 of exemption. The FAA’s UAS

Integration Office (AFS80) may be contacted if questions arise

regarding updates or revisions to the operating documents.

10. Prior to each flight the PIC must inspect the UAS to ensure that it

is in a condition for safe flight. If the 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 must be properly documented in the

aircraft records.

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 in the

aircraft records.

12. The preflight inspection must account for all potential

discrepancies, e.g. inoperable components, items, or equipment, not

already covered in the relevant sections of the operating documents.

13. The operator must follow the UAS manufacturer’s

aircraft/component, maintenance, overhaul, replacement, inspection,

and life limit requirements.

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

record keeping requirements, in accordance with the operating

documents. Maintenance, inspection, alterations, and status of

replacement/overhaul component parts must be noted in the aircraft

records, including total time in service, description of work

accomplished, and the signature of the authorized person returning

the UAS to service.
15. Each UAS operated under this exemption must comply with all

manufacturer's Safety Bulletins.

16. The authorized person must make an entry in the aircraft record

of the corrective action taken against discrepancies discovered

between inspections.

17. The PIC must meet possess at least a current 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 a manner consistent with how the

UAS will be operated under the exemption, including evasive and

emergency maneuvers and maintaining appropriate distances from

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.F.R. § 91.119.

19. UAS operations may not be conducted during night, as defined in

14 C.F.R. § 1.1. All operations must be conducted under visual

meteorological conditions (VMC). If flight at night is required, a

special request will be made at the FAA office closest to proposed

area of operations. Flights under special visual flight rules (SVFR) are

not authorized.

20. The UA may not operate within 5 nautical miles 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 operator’s COA. The letter of agreement

with the airport management must be made available to the

Administrator upon request.

21. The UA may not be operated less than 400 feet below or less

than 2,000 feet horizontally from a cloud or when visibility is less

than 3 statute miles from the PIC.
22. If the UA loses communications or loses its GPS signal, it must

return to a predetermined location within the planned operating area

and land or be recovered in accordance with the operating

documents.

23. The PIC must abort the flight in the event of unpredicted

obstacles or emergencies in accordance with the 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 landing point and land the UA

with 25% battery power remaining.

25. The operator must obtain an Air Traffic Organization (ATO) issued

Certificate of Waiver or Authorization (COA) prior to 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 than 48 hours prior to the

operation. All operations shall be conducted in accordance with

airspace requirements in the ATO issued COA including class of

airspace, altitude level and potential transponder requirements.

26. All aircraft operated in accordance with the exemption must be

identified by serial number, registered in accordance with 14 C.F.R.

part 47, and have identification (N Number) markings in accordance

with 14 C.F.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 of the UA must comply with the Federal

Communications Commission (FCC) or other appropriate government

oversight agency requirements.

28. The documents required fewer than 14 C.F.R. 91.9 and 91.203

must be available to the PIC at the Ground Control Station of the UAS

any time the UAS is operating. These documents must be made

available to the Administrator or any law enforcement official upon

request.

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 may not be operated by the PIC from any moving

device or vehicle.

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 of the UA, flight operations must cease immediately and/or;

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, SO, operator trainees or essential

persons do not present an undue hazard to 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 of the operational area as defined by

the applicable COA must be reported to the FAA's UAS Integration

Office (AFS80) within 24 hours. Accidents must be reported to the

National Transportation Safety Board (NTSB) per instructions

contained on the NTSB Web site: w ww.ntsb.gov.

2. Reasons Why An Exemption From The Requirements Of Section

61.113(a) And (b) Would Not Adversely Affect Safety.

Artesq Cinema Productions 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 Professional 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 Professional in a manner consistent with the exemption,

including evasive and emergency maneuvers and maintaining

appropriate distances from people, vessels, vehicles and structures.

Considering Artesq Cinema Production’s proposed area of

operations, and the operating limitations set forth above; the parallel

nature of private pilot aeronautical knowledge requirements to those

of commercial pilot requirements (See Exemption No. 11062); and the

airmanship skills necessary to safely operate the DJI Phantom 3

Professional, Artesq Cinema Productions submits that the additional

manned airmanship experience of a commercially certificated pilot

would not correlate to the airmanship skills necessary for Artesq

Cinema Production’s specific proposed 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).

Artesq Cinema Productions will not allow any PIC to operate the DJI

Phantom 3 Professional unless that PIC has demonstrated, by

meeting minimum flight hour requirements or the DJI Phantom 3

Professional training and currency requirements, that the PIC is able

to safely operate the DJI Phantom 3 Professional 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 must have accumulated and logged, in a manner

consistent with 14 C.F.R. § 61.51(b), 25 hours of total time as a UAS

rotorcraft pilot (with a minimum of 5 hours of those hours as a UAS

pilot operating the same make and model of UAS to be used for

operations under the exemption). In addition to the hour

requirements, the PIC must accomplish 3 takeoffs and landings in the

preceding 90 days (for currency purposes).

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 Artesq

Cinema Production’s 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 of motion picture filming (or similar

operations), the PIC must have accumulated and logged, in a manner

consistent with 14 CFR 61.51(b), 25 hours of total time as a UAS

rotorcraft pilot including at least 10 hours logged as a UAS pilot with a

multirotor UAS. Prior to operations under Exemption No. 11062, the

PIC must also have accumulated and logged a minimum of 5 hours as

a UAS pilot operating the same make and model of UAS to be used

for operations under the exemption. For clarification, the FAA

considers these minimum hour requirements to be inclusive rather

than additive; i.e. 5 hours make and model time may be included in

the 10 hours of multirotor time and the 10 hours may be included in

the total 25 hours of UAS rotorcraft time. In addition to the hour

requirements, the PIC must accomplish 3 takeoffs and landings in the

preceding 90 days (for currency purposes). The FAA finds

that at a minimum, the flight hour requirements

in Exemption No. 11062 are appropriate to practice and build

proficiency 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 accomplish the 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.

Exemption No. 11138 at page 15.

Accordingly, Artesq Cinema Production will ensure safe operations

by not allowing any PIC to operate the DJI Phantom 3 Professional

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 Professional in a manner 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 Adversely Affect Safety.

The equivalent level of safety established by Section 91.7(a) will be

maintained because prior to every flight, Artesq Cinema Production

will ensure that the DJI Phantom 3 Professional is in an airworthy
condition based upon the UAS’s compliance with its operating

documents and as stated in the conditions and limitations herein.

Additionally, the FAA has previously granted relief from 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 of the DJI Phantom 3

Professional 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 active monitoring of the flight path and altitude.

This altitude information, combined with Artesq Cinema Production’s

operation of the DJI Phantom 3 Professional within visual line of sight,

at or below 400 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 initiation point is automatically established by the UAS at

ground level.

The FAA has previously granted relief from 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 Of Section

91.151(b) Would Not Adversely Affect Safety.

A grant of this exemption would ensure an equivalent level of safety

established by 14 C.F.R. Section 91.151(b) as a result of (1) the technical

specifications of the DJI Phantom 3 Professional; (2) the limitations on

the proposed flight operations; and (3) the location of the proposed

flight operations. Accordingly, Artesq Cinema Production will ensure

that it will safely operate the battery powered DJI Phantom 3

Professional during daylight hours in VFR conditions, with enough

battery power to fly for a total duration of 13.5 minutes to the first

point of intended landing and, assuming normal cruising speed, to fly

after that for at least 4.5 minutes.

Here, as in Exemption No. 11109, the technical specifications of the

DJI Phantom 3 Professional; the limitations on the proposed flight
operations; and the location of the 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

Professional provides audible and visual warnings to the PIC at the

GCS when the UA 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 Professional will descend and land

automatically.

Significantly, previous exemptions granted by the FAA concerning

Section 91.151 establish that safety is not adversely affected when the

technical characteristics and operating limitations of the 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)(1), 91.409(a)(1) & (a)(2), And 91.417(a) & (b)

Would Not Adversely Affect Safety.

In seeking this exemption, Artesq Cinema Production 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)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b) will be

met because Artesq Cinema Production 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., the Artesq Cinema Production Aerial

Operations Manual, Monthly Maintenance Log, and DJI Phantom 3

Professional Instruction Manual). Furthermore, Artesq Cinema

Production will document and maintain all maintenance records for

the DJI Phantom 3 Professional UAS.

Since the DJI Phantom 3 Professional will be inspected as prescribed

by the operating documents, Artesq Cinema Production will maintain

the equivalent level of safety established by Sections 91.405(a),
91.409(a)(1), and 91.409(a)(2). A copy of the DJI Phantom 3

Professional User Manuals are attached hereto as Exhibit C and D; a

copy of the DJI Phantom 3 Professional Maintenance LOG is attached

hereto as Exhibit C.

Likewise, the exemption sought will not adversely affect safety

because Artesq Cinema Production 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 of safety established by Sections 91.407, 91.417(a) and 91.417(b),

because all maintenance of the DJI Phantom 3 Professional will be

performed by trained technicians. Maintenance will be documented

and maintained utilizing the monthly maintenance log.

Significantly, previous exemptions granted by the FAA concerning

Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b)

establish that safety is not adversely affected when the technical

characteristics and operating limitations of the UAS are considered.

In consideration of Artesq Cinema Production’s proposed operating

limitations, the operating documents, and the technical aspects of the

DJI Phantom 3 Professional, Artesq Cinema Production submits that

safety will not be adversely affected by 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 relief 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).

7. The FAA May Prescribe Any Other Conditions For Safe Operation.

In accordance with Section 333 of the FAA Modernization and Reform

Act of 2012 (FMRA) and 14 C.F.R. § 21.16 entitled Special Conditions,

Artesq Cinema Production request that the FAA prescribe special

conditions for the intended operation of the DJI Phantom 3

Professional, 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)(1),

91.409(a)(1) & (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 hazard

to users of the NAS or the public, or otherwise pose a threat to

national security; 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 of the

UAS in the NAS.

Likewise, the Administrator may prescribe special conditions pursuant to

14 C.F.R.

§ 21.16, for operation of the DJI Phantom 3 Professional, 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 of a novel or unusual design

feature of the 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 of this

chapter and contain such safety standards for the aircraft, aircraft

engine or propeller as the FAA finds necessary to establish a level of

safety equivalent to that established in the 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 Artesq Cinema

Production intended operation of the DJI Phantom 3 Professional,

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)(1), 91.409(a)(1) & (a)(2), and

91.417(a) & (b).

● A Summary That Can Be Published In The Federal Register,

stating:

● The Rules From Which Artesq Cinema Production Seeks

Exemption:
Artesq Cinema Production 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), and 91.417(a) & (b).

A Brief Description Of The Nature Of The ExemptionArtesq Cinema

Production Seeks:

This exemption will permit Artesq Cinema Production to commercially

operate an Unmanned Aircraft System (UAS) for the purpose of

conducting aerial video and photography over certain areas of the

United States.

● Any Additional Information, Views, Or Arguments Available To

Support Artesq Cinema Production Request.

This Petition is made pursuant to the FAA Modernization and Reform Act

of 2012

(FMRA) Section 333, which directs the Secretary of Transportation to

determine if certain UAS may operate safely in the NAS. As such,

Artesq Cinema Production’s request for exemption may be granted

pursuant to the authority of FMRA Section 333 and 14 C.F.R. Part 11,

as set forth above.

FMRA Section 333 sets forth the requirements for considering whether a

UAS will create a hazard to users of the NAS or the public, or

otherwise pose a threat to national security; and further, provides the

authority for such UAS to operate without airworthiness certification.

As discussed in detail above, Artesq Cinema Production will operate the

DJI Phantom 3 Professional safely in the NAS, without creating a

hazard to users of the NAS, or the public, or otherwise pose a threat

to national security.

CONCLUSION

As set forth herein, Artesq Cinema Production seeks an exemption

pursuant to 14 C.F.R. § 11.61 and Section 333 of the FAA

Modernization and Reform Act of 2012 (FMRA), which will permit safe

operation of the DJI Phantom 3 Professional commercially, without an

airworthiness certificate, for the limited purpose of conducting aerial

video and photography over certain areas of the United States. By

granting this Petition, the FAA Administrator will be fulfilling the

Congressional mandate of the FAA Modernization and Reform Act of

2012, while also advancing the interests of the public, by allowing

Artesq Cinema Production to safely, efficiently, and economically
operate the DJI Phantom 3 Professional’s commercially within the

NAS.

WHEREFORE, in accordance with the Federal Aviation Regulations and

the FAA Modernization and Reform Act of 2012, Section 333, Artesq

Cinema Production 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)(1),

91.409(a)(1) & (a)(2), and 91.417(a) & (b), and permit Artesq Cinema

Production to operate the DJI Phantom 3 Professionals commercially

for the purpose of conducting aerial video and photography over

certain areas of the United States.

Dated: March 1, 2016

AIRCRAFT

Weight (including battery and

propellers)

1280 g

Diagonal size (including

propellers)

590 mm

Max Ascent Speed 5 m/s

Max Descent Speed 3 m/s

Hover Accuracy ● Vertical: +/­ 0.1 m (when Vision Positioning is

active) or +/­ 0.5 m

● Horizontal: +/­ 1.5 m
Max Speed 16 m/s (ATTI mode, no wind)

Max Service Ceiling Above Sea

Level

6000 m (Default altitude limit: 120 m above takeoff

point)

Operating Temperature 0°C to 40°C

GPS Mode GPS/GLONASS

GIMBAL

Controllable Range Pitch ­90° to +30°

Stabilization 3­axis (pitch, roll, yaw)

REMOTE CONTROLLER

Operating Frequency 2.400 GHz­2.483 GHz

Max Distance Up to 5 km or 3.1 miles (unobstructed, free of

interference) when FCC compliant
Up to 3.5 km or 2.1 miles (unobstructed, free of

interference) when CE compliant

Video Output Port USB

Operating Temperature 0°C­ 40°C

Battery 6000 mAh LiPo 2S

Mobile Device Holder For tablet or phone

Receiver Sensitivity (1%PER) ­101 dBm ±2 dBm

Transmitter Power (EIRP) ● FCC: 20 dBm

● CE: 16 dBm

Working Voltage 1.2 A @7.4 V

INTELLIGENT FLIGHT BATTERY
Capacity 4480 mAh

Voltage 15.2 V

Battery Type LiPo 4S

Energy 68 Wh

Net Weight 365 g

Max Flight Time Approximately 23 minutes

Operating Temperature ­10°C to 40°C

Max Charging Power 100 W

CAMERA
Sensor Sony EXMOR 1/2.3” Effective pixels: 12.4 M (total

pixels: 12.76 M)

Lens FOV 94° 20 mm (35 mm format equivalent) f/2.8,

focus at ∞

ISO Range 100­3200 (video) 100­1600 (photo)

Shutter Speed 8s ­1/8000s

Image Max Size 4000 x 3000

Still Photography Modes ● Single Shot

● Burst Shooting: 3/5/7 shots

● Auto Exposure Bracketing (AEB): 3/5

● Bracketed Frames at 0.7EV Bias

● Time­lapse

Video Recording Modes Phantom 3 Professional

● UHD: 4096x2160p 24/25, 3840x2160p

24/25/30

● FHD: 1920x1080p 24/25/30/48/50/60

● HD: 1280x720p 24/25/30/48/50/60
● 2.7K: 2704 x1520p 24/25/30 (29.97)

Supported SD Card Types Micro SD

Max capacity: 64 GB. Class 10 or UHS­1 rating

required

Max Bitrate of Video Storage Phantom 3 Professional

60 Mbps

Supported File Formats ● FAT32/exFAT

● Photo: JPEG, DNG

● Video: MP4, MOV (MPEG­4 AVC/H.264)

Operating Temperature 0°C to 40°C

VISION POSITIONING

Max Velocity Less than 8 m/s (when 2 m above ground)
Altitude Range 30 cm­300 cm

Operating Range 50 cm­300 cm

Operating Environment Surface with clear pattern and adequate lighting (Lux

> 15)

BATTERY CHARGER

Voltage 17.4 V

Rated Power Phantom 3 Professional

● 100 W

APP / LIVE VIEW

Mobile App DJI GO

EIRP 100mW
Power Spectral Density 6.9mW/MHz

Live View Working Frequency 2.4GHz ISM

Live View Quality 720P @ 30fps

(depending on

conditions and

mobile device)

Latency 220ms (depending

on conditions and

mobile device)

Online User Manual

Respectfully submitted,

Arturo Esquivel

128 Richh St
Waxahachie, TX 75165