DeBerry Marketing Services, LLC July 15, 2015 7790 Stephen Foster Avenue Fanning Springs, FL 32693 Cell (352) 275-6897

Email: deberry.mscott@gmail.com

U.S. Department of Transportation Docket Management System 1200 New Jersey Ave., SE Washington, DC 20590

RE: Exemption Request Section 333 of the FAA Reform Act 2012

Attachments: 1) Phantom 3 Professional User Manual (EN) V1.2 2) Endorsement from Dave Pieklik, Director of the Nature Coast Business Development Council 3) Endorsement from John Meeks, Chairman of the Levy County Board of County Commissioners

References: 1) FAA Exemption No. 11138, Regulatory Docket No. FAA20140481 in the matter of the pe tition of DOUGLAS TRUDEAU 2) FAA Exemption No. 11136, Regulatory Docket No. FAA

– 2014

– 0508 in the matter of the petition of ADVANCED AVIATION SOLUTIONS LLC 3) FAA Exemption No. 11080 Regulatory Docket No. FAA20140355 in the matter of the petition of FLYING CAM INC 4) FAA Exemption No. 11437 Regulatory Docket No. FAA20150221 in the matter of the pe tition of MARCUS D MELHUS

Dear Sir or Madam;

In accordance with the FAA ’ s Guidelines for Submitting a Petition for Exemption under Section 333 of the FAA Moderniz ation and Reform Act of 2012 , DeBerry Marketing Services, LLC, referred to hereafter as the petitioner, request exemption from the following sections of Title 14, Code of Federal Regulations §§

61.113(a) ; 61.113(b) ; 91.119(c) ; 91.121 ; 91.151(a) ; 91.405(a) ; 91.407(a)(1) ; 91.409 (a)(1) ; 91.409(a)(2) ; 91.417(a) & (b) ;

In order to operate small unmanned aircraft systems (UAS) commercially in airspace regulated by the Federal Aviation Administration (FAA) for the purposes of aerial photography, cinematography, videography, and other flight op erations that could be performed safely and more cost effectively with the us e of small UAS at low altitude w ithin the U.S. national airspace system as compared to a manned aircraft. Op erations will be in support of local economic development of rural north central Florida with local chambers of commerce, economic development councils, county departments, and lo cal businesses, focusing on ecotourism such as touring natural springs, kayaki ng, fishing, and other actives beneficial to both economic development and preserving natu ral landscapes and resources. Additionally, there would be the added benefit to public safety by worki ng with related county departments to more quickly, safely, and cost effectively assisti ng with intelligence and inspection aspects of fire department, forestry, and sheriff office operations. Flight operations will be performedonly at the request of and with the authorizat ion and permission of cl ients (local agencies, municipalities, and appropriate lo cal business clients) or their au thorized agents in order to improve appropriate economic and tourism devel opment, and raise awareness of the beneficial uses of small unmanned air system s for use in filming natural res ources and to improve clients’ ability to effectively promote our rural area fo r economic development and tourism, and well as for specified public safety topics.

The name and address of the applicant is:

DeBerry Marketing Services, LLC
Attn: M. Scott DeBerry

Ph: 352-275-6897

Email: deberry.mscott@gmail.com Address: 7790 Stephe n Foster Ave., Fanning Springs, FL 32693

Such operations will be conducted within a nd under the conditions outlined herein or as may be established by the FAA as required by Section 333. The conditions identified and proposed by the petitioner are drawn from references 1-3.

The Federal Acquisition Regulations (FARs) The petitioner seeks exemption from the above mentioned FARs for the following

reasons ; 61.113(a) & (b) ; The petitioner requests relief in order to facilitate the util ization of an experienced UAS operator with the addition of a trained observer. A ll pre-flight inspection, maintenance and flight logs will be saved and made av ailable to the FAA and Secretary of Transportation (SoT) for review; with the purpose of safely integrating civil UAS operation in th e National Airspace System. 91.119(c) As discussed in Exemption 11138 (DOUGLAS TRUDEAU), operations conducted closer than 500 feet to the ground may require that the UA be operated closer than 500 feet to essential persons or objects that would not be possible without additi onal relief. The petitioner requests modification, waiver or exemption a nd clarification concerning the terms “ congested areas ” and

“ densely populated. ” The petitioner requests wa iver for this condition to allow reasonable and responsible operations in areas of subdi visions and neighbor hoods if required. Flights will be operate d at an altitude of no more than 400 feet AGL, or not more than 200 feet above an elevated platform from whic h filming is planned. Th e UAS will be operated over designated private properties, and with the consent of the local municipality or their designated agent if flown in public areas whil e maintaining a safe distance from persons. The petitioner will compile flight data from the logs. This data may assist the FAA in development of regulations for commerci al operations in low-ris k, controlled environments.

91.121 As discussed in Exemption 11138 (DOUGL AS TRUDEAU) this regulation is inapplicable since the UAS does not have an altimeter and instead utilizes electronic GPS with a

barometric sensor for altitude information. 91.151(a) As discussed in Exemption 11136 (ADVANCED AVIATION SOLUTIONS LLC) prior relief has been granted for manned aircraft to operate at less than the prescribed minimums, including Exemption Nos. 2689, 5745, and 10650. In addition, similar UAS specific relief hasbeen granted in Exemption Nos. 8811, 10808, and 10673 for daytime, VFR conditions. The UAS provides battery power remaining in percent to the Pilot in Command (P IC). The UA batteries provide approximately 25 minutes of powered flight. Informati on provided in the operating documents discusses procedures regarding remaining battery power management. Those

documents contain a condition in which the PIC will initiate a landing procedure when battery remaining reaches a specified level. Given th e limitations on propos ed operations and the location of those proposed operati ons, the FAA found that a reduc ed minimum power reserve for flight in daytime VFR conditions was reasonable. 91.405(a) ; 91.407(a)(1) ; 91.409 (a)(1) & (2) ; 91.417(a) & (b) As discussed in Exemption 11138 (DOUGLAS TRUDEAU), the petitioner proposes to inspect and ensure that the UAS is in a condition fo r safe flight in accordance with the operating

documents. The FAA found that adherence to the petitioner ’ s operating documents and the conditions and limitations specif ied, describing the requirements for maintenance, inspection, and recordkeeping, were sufficient to ensure th at safety would not be adversely affected.

The UAS The DJI Phantom 3 Professional is a highly su ccessful consumer-grade small rotorcraft in the quadcopter configurati on with an advertised weight of le ss than 46 ounces (1280g) designed primarily to carry aloft a high definition camera. It has an ad vertised maximum speed of less than 32 knots (16m/s) and a maximum climb rate of less than 1200 feet per minute (5 m/s). It is powered by four electric motors with a distance between motors of less than 14 inches (350mm). It utilizes an internal inertial measuring unit (I MU) with integrated barometric sensor augmented with global positioning system (GPS) to maintain its geospatial orientation and position. It is controlled primarily through an FCC certified radio control (R C) unit. Real time video and telemetry information is transmitted back to a gr ound control station allowi ng the operator and/or PIC to monitor battery level, GPS signal strength, altitude (A GL), distance from PIC, camera imagery, and control camera angle. It has fails afe modes of operation for either loss of RC or GPS signal. Altitude can be limited by the onboard flight controller a nd maximum altitude can be preprogrammed by the PIC. Battery life limi ts flight times to appr oximately 25 minutes. The onboard flight controller will wa rn the pilot via telemetry and external lighting cues before reaching a low battery state. An automatic termination of flight and landing will be initiated when the battery reaches a predetermined low state. It is anticipated that flights will usually last

less than 12 minutes. More informati on is available in Attachment 1.

Flight Crew We will operate with two opera tors: a UAV pilot who will hold a single-engine land private pilot license or better and an observer. The petitio ner notes that for all flight operations a PIC will be designated and this person will be directly responsible for the operation of the UAS and the safety of the operation. It will be the responsibil ity of the PIC to ensure the operation complies with all applicable regulations and/or ensures professional, best practices to all applicable regulations. In addition, for each ope ration an observer will be responsible to visually maintain

contact with the Phantom 3 Professional and scan th e area for undetected aircra ft or obstacles. The

observer will also handle the communications between the PIC and any external crew.

Risk Mitigation We have reviewed FAA exemptions references 1-3 Conditions and Limitations section and believes that the procedures specified therei n are reasonable and will be utilized in order to manage and mitigate risk and en sure public safety. A preflight checklist will be developed and employed to ensure that the UA airworthiness wi ll be verified before launch. Airworthiness will be maintained by performance of routine inspections before each flight and by maintaining flightand maintenance logs to record time on failure prone componen ts. These documents will be

made available to the FAA and SoT to assist in future implementation of safety standards and regulations. The petitioner will only operate the UAS over designat ed properties with the client’s consent. Flight plans will be predetermined to l imit the UAS’s flight time and safety concerns. The petitioner will take into acc ount distance from persons and poten tial flight obstacles prior to operating the UAS. UAS operation will always be within VLOS of the PIC and the observer.

UAS Operating Parameters All flights will remain within visual line of sight (VLOS) of the pilot or observer. The petitioner further states that if a pilot’s view becomes obstructed a nd line of sight is lost, the pilot may instruct the UAS to hover in place until line-of- sight is reestablished, to return to the take-off position, or to land at the current position. Flights will be operated at an altitude of no more than

400 feet AGL or not more than 200 feet above an elevated platform from which filming is planned. The UAS will be operated over designated private properties, and with the consent of the local municipality or their design ated agent if flown in public ar eas, and while maintaining a safe distance from persons. The petitioner states that a ll flights will take place only under visual flight conditions and all applicable visual flight rules will be followed. No flights will occur from sunset

to sunrise. VDOS further states that should communications with th e system be lost, the aircraft has a lost link protocol that re turns it to a pre-planned waypoint. Its GPS location is saved at all times with the aircraft’s recorded telemetry a nd with these measures in place, the aircraft’s

location will be known at all times. Should a mish ap occur the aircraft will be immediately

accounted for.

Public Interest

Use of the UAS in lieu of a manned aircraft would enha nce safety and reduce the environmental impact as compar ed to similar operations conduct ed with manned aircraft of greater proportions, carrying a cr ew and flammable fuel. Additiona lly, effective use of this technology will allow local agencies, municipalitie s, and businesses to achieve specified goals while potentially saving financia l resources on mitigating other i ssues or opportunities as opposed to spending budgetary resources on more expens ive aerial videography or photography methods. In cases of public safety, local city/county departments and agen cies could much more quickly

access and distribute resources than would be nor mally possibly without use of this crew and equipment. Operations for this petition will enab le local agencies, municipalities, and businesses an enhanced perspective for understanding char acteristics, perspec tives, and opportunities associated with any particular property, landscape, public safety situation, or natural resour ce through aerial flight that cannot be gained through ground level inspection. Aerial photography and videography can increase planning efficiency, impr ove resource estimations , and reduce risks to personnel, the public, and property. The petitioner will provide clients with photographic data for these purposes on a ‘ for hire ’ basis acting as an independent cont ractor. A visual observer will be utilized. Flight data including UA flight time, Cont rol Unit operation time, incident, accident, and details concerning any deviations from normal ope rations will be availabl e to FAA for use in collecting data regarding the use of UAS as part of this applicati on. This data may be submitted to FAA via traditional means or other means as required.