UNITED STATES OF AMERICA DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION WASHINGTON, DC

IN THE MATTER OF THE PETITION FOR EXEMPTION OF: Swords Building Consultants, LLC FOR AN EXEMPTION SEEKING RELI EF 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 DJI PHANTOM 3 UNMANNED AIR CRAFT SYSTEM PURSUANT TO SECTION 333 OF THE FAA MODERNIZATION AND REFORM ACT OF 2012 (PUBLIC LAW 112-95)

Submitted on October 26, 2015

Kris Swords Swords Building Consultants, LLC 679 Country Road 1200E Eureka, IL 615302 TABLE OF CONTENTS Page

GLOSSARY OF ABBREVIATIONS....................................................................................3

SUMMARY........................................................................................................................ ....4

INTRODUCTION AND INTERESTS OF PETITIONER....................................................4

BACKGROUND....................................................................................................................4

BASIS FOR PETITION.........................................................................................................5

NAME AND ADDRESS OF PETITIONER.................................................................7

THE SPECIFIC SECTIONS OF 14 C.F. R. FROM WHICH Swords Building Consultants, LLC SEEKS EXEMPTION......................................................................8

THE EXTENT OF RELIEF Swords Build ing Consultants, LLC SEEKS AND THE REASON SWORDS BUILDING CONSULTANTS, LLC SEEKS THE RELIEF...........................................................................................11

THE REASONS WHY GRANTING Swords Building Consultants , LLC's REQUEST WOULD BE IN THE PUBLIC INTEREST .......................................15

THE REASONS WHY GRANTING THE EXEMPTION WOULD NOT ADVERSELY AFFECT SAFETY............................................................................19

SUMMARY THAT CAN BE PUBLISHED IN THE FEDERAL REGISTER..........34 ANY ADDITIONAL INFORMATION, VIEWS, OR ARGUMENTS AVAILABLE TO SUPPORT Swords Buildi ng Consultants, LLC's REQUEST........34

CONCLUSION....................................................................................................................3 5

APPENDICES.........................................................................................363 GLOSSARY OF ABBREVIATIONS

AGL Above Ground Level AOI Area of Interest ATC Air Traffic Control ATO Air Traffic Organization AV Aerial Vehicle

CFR C ode of Federal Regulations COA Certificate Of Authorization FAA Federal Aviation Administration FAR Federal Aviation Regulation GCS Ground Control Station

GPS Global Positioning System

LOL Loss Of Link NAS National Airspace System

NOTAM Notice To Airman

PIC Pilot In Command

Section 333 FAA Modernization and Reform Ac t of 2012 (FMRA) Section 333 SO Safety Observer SOP Standard Operating Procedures

UA Unmanned Aircraft UAS Unmanned Aircraft System VFR Visual Flight Rules

VLOS Visual Line Of Site

VMC Visual Meteorological Conditions VTOL Vertical Take-Off and Landing4 SUMMARY Swords Building Consultants, LLC seeks exem ption 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 Sy stem pursuant to Section

333 of the FAA Modernization and Reform Act of 2012 (FMRA). This exemption will permit to operate an Unmanned Aircraft System (UAS) for the commercial purpose of conducting aerial video and phot ography of construction sites, real estate and landscape

over certain areas of the United States.

INTRODUCTION AND INTERESTS OF THE PETITIONER Swords Building Consultants, LLC is a cons truction & inspection company as well as the building inspector for the Village of Goodfield in Illinois. Swords Building Consultants, LLC wishes to utilize a business strategy of growing into other areas as well due to pent up demand and requests for other offerings based on resear ch the company has been performing. Swords Building Consultants, LLC has an interest in using the DJI Phantom 3 unmanned aircraft system (UAS) to provide consum ers with high quality imaging a nd aerial data for a variety of commercial, public, and resi dential uses such as: Construction sites befo re, after and during Home/ Building Inspections Inspections for any high work a consumer would request, including but not limited to towers, windmills, grain silos Land survey & appraisals Real-estate marketing Aerial photography Videography Mapping Crop surveying5 Weddings

Search and Rescue operations

UAS operator training

BACKGROUND

Unmanned Aircraft Systems: DJI Phantom 3 UAS Swords Building Consultants, LLC seeks an exemption to operate DJI Phantom 3 for compensation or hire within the NAS. The DJI Phanto m 3 is a vertical takeoff and landing (VTOL) Unmanned Aircraft (UA) utilizing a 2.4 GHz Remote Control system. The DJI Phantom 3 has a maximum gross weight of approximately 2.8 pounds , while having a diagonal size of 2.2 feet, and a maximum speed of approximately 16 knots.

The DJI Phantom 3 UAS that will be operated by Swor ds Building Consultants, LLC 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 Petitioner, Swords Building Consultants, LLC, pursuant to the provisi ons 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 petitions the Administrator to commercially operate the DJI Phantom 3 UAS in the National Airspace System (NAS), and for an exemption6 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 ope ration, Swords Building Consultants, LLC operation of DJI

Phantom 3 UAS meets the conditions of FMRA S ection 333 and therefore, will not require an

airworthiness certificate in ordnance with 14 C.F. R. Part 21, Subpart H. Accordingly, Swords Building Consultants, LLC requests relief from Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b), as th ese sections set forth requirements for maintenance that only apply to aircraft with an airworthiness certificate. Swords Building Consultants, LLC submits that the requested relief is proper since an equivalent level of safety w ill be ensured. Swords Buildi ng Consultants, LLC will use experienced personnel or technicians to perform main tenance, alterations, or preventive maintenance on the UAS's using the methods, t echniques, and practices prescribed in the operating documents (i.e., Monthly Ma intenance Log, and DJI Phantom 3 Instruction Manual). Furthermore, Swords Building Consulta nts, LLC will document and maintain all maintenance

records for the DJI Phantom 3 UAS 's. Relief from certain requireme nts of Section 61.113(a) and (b), entitled Private pilot privileges and limitations: Pilot in command , is requested by Swords Building Consultants, LLC to the extent necessary to allow a Pilot in Command (PIC) holding a private pilot or higher level certif icate, as well as an airman medical certificate, and who has demonstrated, by meeting minimum f light- hour and current requirement s, 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.7 Swords Building Consultants, LLC seek s relief from Section 91.7(a), entitled Civil aircraft airworthiness , because the DJI Phantom 3 UAS doe s not require an airworthiness

certificate in ordnance with 14 C.F. R. Part 21, Subpart H. As suc h, Swords Building Consultants,

LLC submits that he will ensure that the Phanto m 3 UAS is in an airworthy condition, prior to every flight, by determining that the UAS is in compliance with the operating documents (i.e., Monthly Maintenance Log, and DJI Phantom 3 Instru ction Manual), and that the aircraft is in a condition for safe flight. Swords Building Consultants, LLC 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 onboard. However, altitude information of the and DJI Phantom 3 UAS will be provided to the PIC via Global Positioni ng System (GPS) equipment and radio communications telemetry data link, which downlinks from the UAS to the GCS for active monitoring of the flight path. This altitude information, combined with Swords Building Consultants, LLC's operation of th e DJI Phantom 3 UAS within visual line of sight, at or below

400 feet AGL, will ensure a level of safety equivalent to Section 91.121. Additionally, Swords Building Consultant s, LLC seeks an exemption from the requirements of Section 91.151(b), entitled Fuel requirements for flight in VFR conditions

. Swords Building Consultants, LLC submits that safety will not be affect ed by operation of the and DJI Phantom 3 UAS during daylight hours in visual meteorologica l conditions (VMC) under visual flight rules (VFR), with enough battery power to fly for a total duration of approximately 13.5 minutes for the intended phot o shoot and, assuming normal cruising speed, to fly after that

for at least 4.5 minutes for recovery and landing. In accordance with 14 C.F.R. § 11.81, Swords Building Consultants, LLC provides the following information in support of its petition for exemption:8 A. Name and Address of the Petitioner

The name and address of the Petitio ner and point of contact is:

Kris Swords Swords Building Consultants, LLC 649 Country Road 1200E Eureka, IL 61530 Email: swordsbc@gmail.com B. The Specific Sections Of 14 C.F.R. From Which Swords Building Consultants, LLC seeks Exemption 1. Swords Building Consultants, LLC seek s Exemption From The Requirements Of Section 61.113(a) And (b). Section 61.113, entitled Private pi lot privileges and limitations: Pilot in command , subsections (a) and (b) prescribe the following, in relevant part: (a) No person who holds a private pilot cer tificate may act as a pilot in command (PIC) of an aircraft that is carrying passengers or property for comp ensation 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. Swords Building Consultants, LLC seek s Exemption From Th e 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. Swords Building Consultants, LLC seek s Exemption From The Requirements Of Section 91.121. Section 91.121, entitled Altimeter settings, subs ection (a), states the following, in part: (a) Each person operating an ai rcraft shall maintain the crui sing altitude or flight level of that aircraft, as the case may be, by reference to an altimeter that is set, when operating--9 (1) Below 18,000 feet MSL, to-- (i) The current reported altimeter se tting of a station along the route and within 100 nautical miles of the aircraft; (ii) If there is no station w ithin the area prescribed in paragraph (a)(1)(i) of this section, the current report ed altimeter setting of an appropriate available station; or (iii) In the case of an ai rcraft not equipped with a radio, the elevation of the departure airport or an appropriate al timeter setting available before departure. 4. Swords Building Consultants, LLC seek s Exemption From The Requirements Of Section91.151(b). Section 91.151, entitled Fuel requirements for f light in VFR conditions , subsection (b), states the following: (b) No person may begin a flight in a rotorcraft u nder VFR conditions unless (considering wind and forecast weather cond itions) there is enough fuel to fly to the first point of in tended landing and, assuming norma l cruising speed, to fly after that for at least 20 minutes. 5. Swords Building Consultants, LLC seeks Exemption From The Requirement Of Section91.405(a). Section 91.405, entitled Maintenance required , subsection (a), states the following: Each owner or operator of an aircraft— (a) Shall have that aircraft in spected as prescribed in subpa rt E of this part and shall between required inspections , except as provided in para graph (c) of this section, have discrepancies repaired as prescr ibed in part 43 of this chapter[.] 6. Swords Building Consultants, LLC seek s 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 th at 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. 7. Swords Building Consultants, LLC seek s Exemption From The Requirements Of Sections 91.409(a)(1) And 91.409(a)(2).10 Section 91.409, entitled Inspections , subsection (a), st ates the following: (a) Except as provided in paragraph (c) of this section, no person may operate an aircraft unless, within the precedi ng 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 ai rworthiness certificate in accordance with part 21 of this chapter. 8. Swords Building Consultants, LLC seek s 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 s ection:(1) Records of the maintenance, preventive maintenance, and alterati on and records of the 100-hour, annual, progressive, and other required or approve d inspections, as appropriate, for each aircraft (including the airfram e) 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 th e following information: (i) The total time in servi ce of the airframe, each engine, each propeller, and each rotor. (ii) The current status of life-lim ited 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 st atus of the aircraft, including the time since the last inspection required by the inspection pr ogram under which the aircraft and its appliances are maintained.11 (v) The current status of applicable airworthiness directives (AD) and safety directives including, for each, the met hod of compliance, the AD or Safety directive number and revi sion date. If the AD or safety directive involves recurring action, the time and date wh en the next acti on 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 pa ragraph (a)(2) of this section shall be retained and transferred with the aircra ft at the time the aircraft is sold. (3) A list of defects furnished to a regi stered owner or operator under § 43.11 of this chapter shall be retained until the de fects are repaired and the aircraft is approved for return to service. C. The Extent Of Relief Swords Building Co nsultants, LLC seeks And The Reason Swords Building Consultants, LLC seeks The Relief.

1. Extent Of Relief Swords Buildin g Consultants, LLC seeks And The Swords Building Consultants, LLC seeks Relief From Section 61.113(a) And (b). Relief from Section 61.113(a) and (b) entitled Private pilot priv ileges and limitations:

Pilot in command , is requested to the exte nt necessary to allow a PI C holding a private pilot or higher level certificate, as well as a current a nd valid airman medical certificate, and who has met certain flight-hour and currency requirements, to c onduct the proposed UAS flight operations for compensation or hire. This relief is requested since the limita tions set forth in S ection 61.113(a) and (b) state that a private pilot may, for compensati on 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 passe ngers or property for compensation or hire.12 As set forth more fully below, Swords Bu ilding Consultants, LLC submits that an equivalent level of safety will be maintained because no PIC will be allowed to operate the DJI

Phantom 3 UAS unless that PI C has met certain flight-hour and current requirements, demonstrating that the PIC is able to safely operate the DJ I Phantom 3 UAS in a manner consistent with the operations sp ecifications as described in this exemption, including evasive and emergency maneuvers, as well as maintainin g appropriate distances from people, vessels, vehicles and structures. Further, Swords Building Consultants, LLC submits that all flights of the DJI Phantom 3 UAS 's, conducted by the PIC pursu ant to the grant of th is Petition: (1) will

be incidental to Swords Buildi ng Consultants, LLC business; a nd (2) will not carry passengers or property for compensation or hire. 2. Extent Of Relief Swords Building Co nsultants, LLC seeks And The Reason Swords Building Consultants, LLC 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 Swor ds Building Consultants, LLC to determine that the DJI Phantom 3 UAS are in airworthy condition prior to every flight by ensu ring that the UAS is in compliance with the operating documents (i.e., the Monthly Maintenance Log and DJI

Phantom 3 manuals. Swords Building Consultants, LLC seeks the requested relief because the DJI Phantom 3 UAS does not require an airworthin ess certificate in accordance with 14 C.F.R. Part 21, Subpart H. Therefore, Swords Bu ilding Consultants, LLC will ensure that the DJI Phantom 3 UAS are in airworthy condition based upon its compliance with the operating documents (i.e., Monthly Maintenance Log, and DJI Phantom 3 Instruction Manual) prior to every flight, and further, determin e that the aircraft are in conditi on for safe flight, as stated in

the conditions and limitations below.13 3. Extent Of Relief Swords Building Co nsultants, LLC seeks And The Reason Swords Building Consultants, LLC seeks Relief From Section 91.121.

Relief from Section 91.121, entitled Altimet er 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 controller. Si nce the FAA requires that any altitude information concerning UAS operations be reported to air traf fic control (ATC) in feet above ground level (AGL), Swords Build ing Consultants, LLC seeks the requested relief because the DJI Ph antom 3 UAS altimeter may be set on the ground to zero feet AGL, rather than the local barometric pressu re 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 n ecessary to comply with the applicable conditions and limitations stated below. As more fully set fo rth herein, an equivale nt level of safety

will

be maintained since the DJI Ph antom 3 UAS are equipped with a barometric pressure sensor and GPS equipment, which automatically ensures that a ground level pres sure setting will be established prior to each flight , and provides the PIC with alti tude information of the UA on the heads-up display of the controller.

4. Extent Of Relief Swords Building Consultants, LLC seeks And The Reason Swords Building Consultants, LLC seeks Relief From Section 91.151(b). Relief from Section 91.151(b) en titled Fuel requirements for f light in VFR conditions, is requested to the extent require d to allow flights of the battery powered DJI Phantom 3 UAS during daylight hours in visual me teorological conditions (VMC), unde r visual flight rules (VFR),

for a total duration of 13.5 minutes to the firs t point of intended landing and, assuming normal cruising speed, to fly after that for at least 4.5 minutes. Swords Building Consultants, LLC seeks14 the requested relief because without an exempti on from Section 91.151(b), th e flight time duration of the battery powered and DJI Phantom 3 UAS will severely constrain the practicality of any aerial video or still photo flight operations that Swords Buildi ng Consultants, LLC proposes to conduct pursuant to this Petition. Significantly, as set forth below, the technical specifications of the DJI Phantom 3 UAS 's, and the DJI Phantom 3 operating documents a nd Swords Building Consultants, LLC proposed operating limitations, ensure that Swords Building Consultants, LLC will safely operate the battery powered DJI Phantom 3 UAS during dayli ght hours in visual me teorological conditions (VMC), under visual flight rules (VFR), with enough battery power to fly for a total duration of 10 minutes to the first point of intended landing and, assuming nor mal cruising speed, to fly after

that for at least 2.5 minutes.

5. Extent Of Relief Swords Building Consultants, LLC seeks And The Reason Swords Building Consultants, LLC 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 certifi cate, Swords Building C onsultants, LLC requests

relief from these Sections because the DJI Ph antom 3 UAS does not require airworthiness certificates. As set forth more fully below, the DJI Phantom 3 UAS meet the conditions of FMRA Section 333 for operation without an airworthiness certificate. Accordingly, Swords Building Consultants, LLC will use traine d technicians to perform maintena nce, alterations, or preventive maintenance on the UAS's using the methods, tec hniques, and practices prescribed in the UAS operating documents (i.e., the Aerial Operations Manual, Monthly Main tenance Log, and DJI Phantom 3 Instruction Manual). Furthermore, Sw ords Building Consultants, LLC will document

and maintain all maintenance reco rds for the DJI Phantom 3 UAS 's.15 D. The Reasons Why Granting Swords Buildin g Consultants, LLC Request Would Be In The Interest; That Is, How It Would Benefit The Public As A Whole.

Granting the present Petition w ill further the public interest by allo wing Swords Building Consultants, LLC to safely, efficiently, and economically perform aeria l video and photography

over certain areas of the 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 Swords Building Consultants, LLC’s proposed operation of the DJI Phantom 3 UAS will be realized without implicating any privacy issues.

1. The Public Will Benefit From Decreased Congestion Of The NAS. The DJI Phantom 3 UAS is battery powered and serves as a safe, efficient, and

economical alternative to the manne d aircraft traditionally utilized to obtain aerial imagery. By reducing the amount of manned airc raft needed to perform aeri al acquisitions, an exemption allowing the use of the DJI Phantom 3 UAS woul d 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 an d departing aircraft will be reduced. The

DJI Phantom 3 UAS does not re quire 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 cont rol during the ground, takeoff, departure, arrival, and landi ng phases of flight operations.

2. The Public Will Benefit From The Safety And Efficiency Of The DJI Phantom 3 UAS.16 Conducting aerial acquisiti ons with the DJI Phantom 3 UAS instead of manned aircraft will greatly be nefit the public by drastically reducing the levels of air and noise pollution generate d 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 combustio n 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 's, while reducing the carbon footprint of aerial acquis itions, also eliminates noise pollution, as the UA's are propelled by battery powered elec tric motors, rather than an internal combustion engine. By using the DJI Phantom 3 UAS to perform aerial acquisitions, the substantial risk to life and property in the air and on the ground, wh ich is usually associat ed with traditional manned aircraft flight operatio ns, will be substantially reduc ed or completely eliminated. Aside from the lack of flight crew members located onboard the aircra ft, the DJI Phantom 3 UAS (weighing approximately 1280g with Batte ry and Propellers resp ectively, at their maximum gross weights with respectively (and with no fuel on board) has less physical potential for collateral damage to life and propert y on the ground, and in the air, compared to

the manned aircraft that t ypically conduct similar operati ons (weighing approximately 6,000 pounds, and a fuel capacity of 180 gallons. 3. Performing Aerial Video and Photography Operations With The DJI Phantom 3 UAS Will Benefit The Economy.

In addition to being safe and efficien t, the DJI Phantom 3 UAS are also an economical alternative to using manned aircraft to conduct sim ilar aerial operations. As such,17 operation of the DJI Phantom 3 UAS will allow United States based companies, like Swords Building Consultants, LLC to remain compe titive and contribute to growth of the U.S. economy. Specifically, with the ri sing cost of aviation fuel a nd the Environmental Protection Agency (“EPA”) regulatory actions phasing out leaded aviation fuels, U.S. owned and operated companies must adopt new and alternative techno logy in order to remain competitive. Operating the battery powered DJ I Phantom 3 UAS is one such technology that not only allows companies grea ter operational flex ibility compared to manned aircraft, but provides such flexibility without the high operational cost of a traditional manned aircraft.

By operating the DJI Phantom 3 UAS, companies such as Swords Building Consultants, LLC can remain competitive and pr ofitable and therefore, provide greater job stability to employees and contra ctors, which will ultimately cont ribute to growth of the U.S. economy. Improved financial performance of U. S. companies, through commercial use of the DJI Phantom 3 UAS, provides a stable wo rkforce that increases consumer spending, improves local, state, and federa l tax revenues and allows compan ies to invest in research and development in order to remain compe titive both in the Unite d States and abroad. 4. There Are No Privacy Issues. Similar to the manned aerial acquisition flight operations that have been conducted for decades, Swords Building Consultants, LLC proposed ope ration of the DJI Phan tom 3 UAS will not implicate any privacy issues. Specifically, the DJI Phantom 3 UAS will be operated only in compliance with operating documents (i.e. Aeri al Operations Manual, Monthly Maintenance Log, and the DJI Phantom 3 Instruction Manual's) which requires proper ty owner involvement

as well as local law enfor cement notification, and in accord ance with the Federal Aviation Regulations, including the minimum altitude requirements of 14 C.F. R. § 91.119.18 E. The Reasons Why Granting The Exemption Would Not Adversely Affect Safety, Or How The Exemption Woul d Provide A Level Of Safety At Least Equal To That Provided By The Rule From Which Swords Building Consultants, LLC seeks Exemption. 1. Reasons Why The DJI Phantom 3 UA S Meet The Conditions Of The FAA Modernization and Reform Act of 2012 (FMRA) Section 333. In consideration of the size, weight, sp eed, and limited operating area associated with the unmanned aircraft and its opera tion, Swords Building Consultants, LLC’s operation of the DJI Phanto m 3 UAS meet the conditions of FMRA Section 333, and will not require an airworth iness 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 Secti on 333 states the following, in part: (a) In General.--Notwithstandi ng any other requirement of this subtitle, and not later than 180 days after the date of enac tment of this Act, the Secretary of Transportation shall determine if cer tain 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) Assessm ent of Unmanned Aircraft Systems.--In making the determination under subs ection (a), the Secretary shall determine, at a minimum-- (1) Which types of unmanned aircraft syst ems, if any, as a result of their size, weight, speed, operational capa bility, proximity to airports and populated areas, and operation within visual line of sight does 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 aut horization, or airworthiness certification under sect ion 44704 of title 49, United States Code, is required for the operati on of unmanned aircraft systems identified under paragraph (1).19 (c) Requirements for Safe Operation.--If th e Secretary determines under this section that certain unmanned aircraft systems may operate safely in the national airspace system, the Secretary shall estab lish requirements for the safe operation of such aircraft systems in the national airspace system. In seeking this exemption, Swords Buildi ng Consultants, LLC submits that the DJI Phantom 3 UAS can operate sa fely in the NAS pursuant to FMRA Section 333, as demonstrated by: (a) the charac teristics of the DJI Phantom 3 UAS; (b) the pilot certification requirement; and (c) the sp ecific operating limitations.

a. The Specifications Of The DJI Phantom 3 UAS Demonstrate Its Safe Characteristics. The DJI Phantom 3 does not create a hazard to users of the NAS or the public, or otherwise pose a threat to nati onal security considering its si ze, weight, speed, and operational capability.

ii. The DJI Phantom 3 UAS Auto nomous Flight And Navigation Modes Enable The UAS To Remain Within A Defined Operational Area. The DJI Phantom 3 may be operated in bot h manual and fully autonomous flight modes. The DJI Phantom 3 may be operated in manual flight mode only. A complete description of the flight and navigational modes of the DJI Phantom 3 UAS is provided at pages 23-32 of the DJI and pages 8 & 11 of the DJI Phantom 3 User Manuals attached hereto as

Exhibit C and D.

iii. The DJI Phantom 3 UAS is De signed 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 Phanto m 3 will remain stationary in flight, for 3 seconds or more. If, after 3 seconds, the DJI Phantom 3 does not reacquire control link data from the GCS, the UAS will assu me that the Control Link is lost and the UAS will return to20 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 Ph antom 3 AP UAS is set forth at pages 23 through 32 of the DJI Phantom 3 User Manual, attached hereto as Exhibit C and D. iv. The DJI Phantom 3 GCS And Its Operation. A complete description of the operation and sp ecifications of the and DJI Phantom 3 GCS and flight control softwa re is provided at pages 23 through 32 of the DJI User Manual and pages 8 and 11 of the DJI Phantom 3 QCAP User Manual. The DJI Phanto m 3 User Manuals are

attached hereto as Exhibits C and D. b. Flight Operations Of DJI Phantom 3 UAS Are Limited To The Line Of Sight Of A Certificated Pilot in Command With A Safety Observer. Swords Building Consultants, LLC will only utilize certif icated pilots who possess a

current and valid U.S. driver’s license to act as a pilot in co mmand (PIC) of the DJI Phantom 3 UAS. Additionally, a safety observer will assist all pilots during flight time. c. Flights Of DJI Phanto m 3 UAS Will Be Conducte d Pursuant To Specific Operating Limitations. In seeking this exemption, Swords Building Consultants, LLC proposes to commercially operate the DJI Phantom 3 UAS for the special purpos e of conducting aerial video and photography over cert ain areas of United States , pursuant to the following specific operating limitations: 1. Operations authorized by th is grant of exemption will be limited to the following aircraft described in the operating documents, rotorcraft UAS's weighing less than 55 pounds maximum gross weight: the DJI Phantom 3 Unmanned Aircraft Systems. Proposed operations of any other aircraft will requir e a new petition or a petition to amend this grant. 2. UAS operations under this exemption w ill be limited to conducting operations for the purpose of aerial video and photography. 3. The UA may not be flown at an i ndicated airspeed exceeding 20 knots.21 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 appr oved by ATC. All altitudes reported to ATC must be in feet AGL. 5. The UA's 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 sa fety 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 alwa ys 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 de signated before the flight and cannot transfer his or her designation fo r the duration of the flight. The PIC must ensure that the SO can perform the functi ons prescribed in the operating documents. 8. The SO must not perform any other dutie s 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 availabl e to the Administrator upon re quest. If a discrepancy exists between the conditions and limitations contained in the gran t 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 revi se its operating documents. It is the operator’s responsibility to track such re visions 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 revisi on would affect the basis upon which the FAA granted the exemp tion, then the operator must petition for amendment to its grant of exemption. Th e FAA’s UAS Integration Office (AFS-80) may be contacted if questions arise regard ing 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 pr ohibited 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 include d in the preflight inspection. All maintenance and alterations must be properl y documented in the aircraft records.22 11. Any UAS that has undergone maintenanc e or alterations th at affect the UAS operation or flight ch aracteristics, e.g. replacement of a flight critical component, must undergo a functional te st flight. The PIC who c onducts the functional test flight must make an entry in the aircraft records. 12. The pre-flight inspection must account for all potential discrepancies, e.g. inoperable components, items, or equi pment, 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, in spection, and life limit requirements. 14. The operator must carry out its mainte nance, inspections, and record keeping requirements, in accordance with the operating documents. Maintenance, inspection, alterations, and status of re placement/overhaul co mponent parts must be noted in the aircraft records, including total time in service, description of work accomplished, and the signature of the authorized pers on returning the UAS to service. 15. Each UAS's operated under this exempti on must comply with all manufacturers Safety Bulletins. 16. The authorized person must make an entr y in the aircraft reco rd of the corrective action taken against discrepancie s discovered between inspections. 17. The PIC must possess at leas t a private pilot certificate and at least a current thirdclass medical certificate. 18. The operator may not permit any PIC to operate unless the PIC meets the operator’s qualification criteria and dem onstrates the ability to sa fely operate the UAS in a manner consistent with how the UAS will be ope rated under the exemption, including evasive and emergency maneuvers and maintaining appropriate distances from persons, vessels, vehicles and structures. PIC qualific ation flight hours must be logged in a manner consis tent with 14 C.F.R. §61.51(b). Flights for the purposes of trai ning the operator’s PIC's are permitted under the terms of the exemption. Howe ver, 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 unde r 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. F lights under special vi sual 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 aeronautic al chart unless a letter of agreement23 with that airport’s manage ment 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 500 feet below or less than 2,000 feet horizontally from a cloud or wh en 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 ope rating 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 fli ght 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 UAS with 25% battery power remaining. 25. The operator must obtain an Air Traffic Organization (ATO) issued Certificate of Waiver or Authorization (C OA) prior to conducting any ope rations under the grant of exemption. This COA will also require th e 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 UAS 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 Stati on 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 UAS must remain clea r 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 PI C from any moving device or vehicle. 31. Flight operations must be conducted at least 500 f eet from all nonparticipating persons (persons other than the PIC, SO, operator traine es or essential persons), vessels, vehicles, and structures unless:24 a. Barriers or structures are present that sufficiently protect nonparticipating persons from the UAS and/or debris in the event of an accident. The operator must ensure that nonpartic ipating persons remain under such protection. If a situation arises where no nparticipating persons leav e such protection and are within 500 feet of the UA, flight ope rations must cease immediately and/or;

b. The aircraft is operated near vessel s, vehicles or structures where the owner/controller of such vessels, ve hicles or structures has granted permission and the PIC has made a safety assessment of the risk of operating closer to those objects and dete rmined 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/cont roller or authorized representative. Permission from land owner/controller orauthorized 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 defi ned by the applicable COA must be reported to the FAA's UAS Integration Office (AFS-80) within 24 hours. Accidents must be reported to the Nati onal Transportation Safety Board (NTSB) per instructions contained on the NTSB Web site: www.ntsb.gov

. 2. Reasons Why An Exemption From Th e Requirements Of Section 61.113(a) And (b) Would Not Adversely Affect Safety. Swords Building Consultants, LLC 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 th at PIC has demonstrated, by m eeting 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, incl uding evasive and emergency maneuvers and maintaining appropriate dist ances from people, vessels, vehicles and structures. Considering Swords Building Consultant s, LLC’s proposed area of operations, and the operating limitations set forth-above; the parallel nature of private pilot aeronautical knowledge requirements to thos e of commercial pilot requirements (See25 Exemption No. 11062); and the airmanship skil ls necessary to safely operate the DJI Phantom 3 UAS, Swords Building Consulta nts, LLC submits that the additional manned airmanship experience of a commercia lly certificated pilot would not correlate to the airmanship skills n ecessary for Swords Building Consultants, LLC’s specific proposed flight operations. The FAA has previously granted relief fr om Section 61.113(a) and (b) specific to UAS, in circumstances similar, in all materi al 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).

Swords Building Consultants, LLC will not allow any PIC to operate the DJI Phantom 3 UAS unless that PIC has demonstrated, by meeti ng minimum flight-hour requirements of the DJI Phantom 3 UAS training and currency requirements, that the PIC is able to safely operate the DJI

Phantom 3 UAS in a manner cons istent with this exemption, including evasive and emergency maneuvers and maintaining appropriate distances from people, vessels, ve hicles and structures. Specifically, the PIC must have accumulate d 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 p ilot operating the same make a nd model of UAS to be used for operations under the exemption). In additi on to the hour requirements, the PIC must accomplish 3 takeoffs and landings in the preced ing 90 days (for currency purposes). As in Exemption Nos. 11062, 11138, and 11153, prior doc umented flight experience that was obtained in compliance with applic able regulations will ensure an equivalent level of safety during Swords Building Consulta nts, LLC’s proposed operations. The Administrator has held that prior documented flight experience that was obtained in complia nce with applicable regulations would ensure safe operations, stating as follows:26 In Exemption No. 11062, the FAA required th at prior to conducti ng 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 multi-rotor 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 ope rating the same make and model of UAS to be used for operations under the exemption. For clarification, th e 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 multi-ro tor time and the 10 hours may be included in

the total 25 hours of UAS rotorcra ft time. In addition to the hour requirements, the PIC must accomplish 3 takeoffs and landings in the prec eding 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 opera tions. The FAA also finds that pr ior documented flight experience that was obtained in compliance with applicable regulations w ould satisfy this requirement. Training, proficiency, and expe rience-building flights can also be conducted under the grant of exemption to accomplish the required fli ght time. During training, proficiency, and experience-building flights the PI C 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, Swords Building Consultants, LLC will ensure safe operations by not allowing any PIC to operate the DJI Phanto m 3 UAS unless that PI C has demonstrated, by meeting minimum flight-hour and cu rrency requirements, that the PIC is able to safely operate the DJI Phantom 3 UAS in a manner consistent with the exemption, including27 evasive and emergency maneuvers and mainta ining 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 establis hed by Section 91.7(a) w ill be maintained because prior to every flight, Swords Building Consultants, LLC will ensure that the DJI Phantom 3 UAS is in an airworthy conditi on based upon the UAS’s compliance with its operating documents and as stated in the c onditions and limitations herein. Additionally, the FAA has previously granted relief from Section 91.7(a) specific to UAS, in circumstances similar, in all material re spects, 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 establ ished by Section 91.121 w ill be maintained

because the altitude information of the DJI Phantom 3 UAS will be provided to the PIC via GPS equipment and a radio commu nications 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 Swords Building Consultants, LLC’s operation of the DJ I Phantom 3 UA 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 genera ted by GPS equipment installed on board the aircraft. Prior to each flight, a zero altitude initiation point is automatically established by the UAS's at ground level. The FAA has previously granted re lief from Section 91.121 specific to UAS, in circumstances similar, in all material respects, to those pr esented herein (e.g.28 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 sa fety established by 14 C.F.R. Section 91.151(b) as a result of (1) the technical specifications of the DJI Phantom 3 UAS 's; (2) the limitations on the proposed flight operations; and (3) the location of the proposed flight operations. Accordingly, Swords Bu ilding Consultants,

LLC will ensure that he w ill safely operate the battery powered DJI Phantom 3 UA's during daylight hours in VFR conditions, with enough battery power to fly for a total

duration of 13.5 minutes to th e first point of intended landing and, assuming normal cruising speed, to fly after th at for at least 4.5 minutes. Here, as in Exemption No. 11109, the tec hnical specifications of the DJI Phantom 3 UAS the limitations on the proposed flight operations and the location of the proposed operations, will ensure an e quivalent level of safety es tablished by 14 C.F.R. Section 91.151(b). Furthermore, safety will be en sured as the DJI Phantom 3 UAS provides audible and visual warnings to the PIC at the controller when the UA's experiences low battery voltage, the first warning occurring at approximately 33% remaining battery power, and again at approximately 10% remain ing battery power. Atthe critically low battery level, the DJI Phantom 3 UAS will descend and land automatically.

Significantly, previous exemptions gr anted by the FAA concerning Section 91.151 establish that safety is no t adversely affected when th e technical characteristics and operating limitations of the UAS are consid ered. Relief has been granted for manned aircraft to operate at less than the minimums prescribed in Section 91.151, including29 Exemption Nos. 2689, 5745, and 10650. Moreover, the FAA has previously granted relief from Section 91.151 specific to UAS in circumstan ces similar in all material respects to those presented herein (e.g. Exemp tion 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, Swords Build ing Consultants, LLC submits that the equivalent level of safety with regard to the regulatory main tenance 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 Swords Building Consultants, LLC will use trained t echnicians to perform maintenance, alterations, or preventive ma intenance on the UAS's using the methods, techniques, and practices prescr ibed in the operating documents i.e., the Operations Manual, Monthly Maintenance Log, and DJI Phantom 3 Instruction Manual. Furthermore, Swords Building Consultants, LLC will document and ma intain all maintenance records for the DJI

Phantom 3 UAS.

Since the DJI Phantom 3 UAS will be inspected as prescribed by the operating documents, Swords Building Consultants, LLC will maintain the e quivalent level of safety established by Sections 91.405(a), 91.409(a)(1), and 91.409(a)(2). C opies of the DJI Phantom 3

User Manuals are attached he reto as Exhibit C and D; a copy of the DJI Phantom 3 UAS

Maintenance LOG is attached hereto as Exhibit E. Likewise, the exemption sought will not a dversely affect safety because Swords Building Consultants, LLC will use traine d technicians to perform maintenance,30 alterations or preventive ma intenance on the UAS using the methods, techniques, and practices prescribed by the operating documents. Furthermore, the exemption sought would ma intain 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 UAS will be performed by trained techni cians. Maintenance will be documented and maintained utilizing the m onthly 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) es tablish that safety is not adversely affected when th e technical characteristics a nd operating limitations of the

UAS are considered. In consideration of Swords Building Consultants, LLC’s proposed operating limitations, the operating documents, and the t echnical aspects of the DJI Phantom 3 UAS, Swords Building Consultants, LLC 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 prev iously granted relief specific to UAS in circumstances similar, in all material respec ts, 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 Re form Act of 2012 (FMRA) and 14 C.F.R. § 21.16 entitled Special Conditions, Swords Building Consultants, LLC requests that the FAA pres cribe special conditions for th e intended operation of the DJI Phantom 3 UAS, which contains such safety standards that the administrator finds necessary31 to establish a level of safety e quivalent to that esta blished 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), an d 91.417(a) & (b). Such special conditions will perm it safe operation of the UA for the limited purpose of conducting aerial video and phot ography 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, pr ovides the authority for such UAS to operate

without airworthiness certifica tion 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 pur suant to 14 C.F.R. §21.16, for operation of the DJI Phantom 3 UAS, since the airworthiness regulations of 14

C.F.R. Part 21 do not contain ade quate or appropriate safety st andards, due to the novel or unusual design features of the aircraft. Section 21.16, entitled Sp ecial 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 desi gn feature of the aircraft, airc raft engine or propeller, it may prescribe special conditions and amendm ents 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, aircra ft engine or pr opeller as the FAA finds necessary to establish a level of sa fety equivalent to th at established in the regulations. See 14 C.F.R. § 21.16.

Therefore, in accordance with FMRA S ection 333 and 14 C.F.R. § 21.16, the FAA may prescribe special conditions for Swords Buildin g Consultants, LLC’s intended operation of the32 DJI Phantom 3 UAS , which cont ains 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 61.1 13(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).

F. A Summary That Can Be Published In The Federal Register stating: The Rules From Which Swords Building Consultants, LLC seeks Exemption: Swords Building Consultants, LLC seeks ex emption from the requirements of 14 C.F.R Sections 61.113(a)&(b), 91.7(a), 91.121, 91.151(b), 91.40 5(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b). A Brief Description Of The Nature Of Th e Exemption Swords Building Consultants, LLC Seeks: This exemption will permit Swords Build ing Consultants, LLC to commercially operate an Unmanned Aircraft System (U AS) for the purpose of conducting aerial video and photography over certain areas of the United States. G. Any Additional Information, Views, Or Arguments Available To Support Swords Building Consultants, LLCII’s Request. This Petition is made pursu ant 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, Sw ords Building Consultants, LLC request for exemption may be granted pursuant to the auth ority of FMRA Section 333 and 14 C.F.R. Part 11, as set forth above.

FMRA Section 333 sets forth the requiremen ts for considering whether a UAS will create a hazard to users of the NAS or the publ ic, or otherwise poses a threat to national security and further, provides the authority for such UAS to operate without airworthiness

certification.33 As discussed in detail above, Swords Build ing Consultants, LLC will operate the DJI Phantom 3 UAS safely in the NAS, without creating a hazard to users of the NAS, or the public, or otherwise pose a th reat to national security.

CONCLUSION

As set forth herein, Swords Building Consultants, LLC seek s an exemption pursuant to 14 C.F.R. § 11.61 and Section 333 of the F AA Modernization and Reform Act of 2012 (FMRA), which will permit safe operation of the DJI Phantom 3 UAS commercially, without an airworthiness certificate, for the purpose of conducting aerial video and photography over certain areas of the United States includi ng aerial construction site inspections before, after and during, land surv ey & appraisals, real -estate marketing, , mapping, crop surveying, weddings, search and re scue operations. By granting this Petition, the FAA Administrator will be fulfilli ng the Congressional mandate of the FAA Modernization and Reform Act of 2012, while also advancing the interests of the public, by allowing Swords Building Consultants, LLC to safely, efficiently, and economically operate the DJI Phantom 3 UAS comme rcially within the NAS.

WHEREFORE , in accordance with the Federal Aviation Regulations and the FAA

Modernization and Reform Ac t of 2012, Section 333, Swords Building Consultants, LLC respectfully requests that the Administrator grant th is Petition for an exemption from the requirements of 14 C.F.R Sections 61.1 13(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 Swords Building Consultants, LLC to operate the DJI Phanto m 3 UAS commercially for the purpose of conducting aerial video and photography over certain areas of the United States. Dated: October 26, 2015 Thank You for your Consideration,

Kris Swords Swords Building Consultants, LLC34 APPENDICES:

A - DJI Phantom 3 Specifications

B – DJI Phantom 3 User Manual C - Monthly Maintenance LogAPPENDIX –A

DJI Phantom 3 TECHNICAL SPECIFICATIONS Swords Building Consultants, LLC only utilizes safe and reliable UAS's. DJI is an industry leader in small UAS production. DJI UAS's are loaded with gr ound breaking software enabling the user to set parameters which will not allow flight into controlled airspace. Parameters can also be set to limit flight to no higher than a predetermined and set altitude as well as limit flight to a predetermined and set distance. In addition, DJI softwa re provides real-time altitude and location information to the PIC. 1.1

1.1.1 Aircraft 1.1.1.1 Batteries –(4) Intell igent Flight Battery 4480 mAh 1.1.1.2 Weight, Flight – 1280 g 1.1.1.3 Hover Accuracy–Vertical: +/ -.1 m; Horizontal: +/-2m 1.1.1.4 Max Tilt Angel -90° to +30° 1.1.1.5 Max Ascent/Descent Speed +5m/s -3m/s 1.1.1.6 Max Flight Speed – 16 m/s (ATTI mode, no wind)

1.1.2 Gimbal 1.1.2.1 Gimbal 3Axis (Pitch, Roll, Yaw) 1.1.2.2 Pitch - Controllable -90° to +30° 1.1.3 Transmitter FPV (CAMERA OPERATOR ONLY) 1.1.3.1 Controller 2.400 GHz-2.483 GHz 1.1.3.2 Power Out-put 600mW 28dBm +/- 1dBm 1.1.3.3 Frequencies 5740, 5760, 5780, 5800, 5820, 5840 and 5860MHz

1.1.4 Camera 1.1.4.1 Sony EXMOR 1/2.3” Effective pixe ls: 12.4 M (total pixels: 12.76 M) 1.1.4.2 FOV 94° 20 mm (35 mm format equivalent) f/2.8, focus at ∞ 1.1.4.3 ISO Range - 100-3200 (video) 100-1600 (photo) 1.1.4.4 Operating Temperature Range 0°C to 40°C 1.1.5 Transmitter 1 Aircraft 1.1.5.1 Operating Frequency 2.400GHz – 2.4835GHz 1.1.5.2 Communication Distance 2000m (outdoors and unobstructed) 1.1.5.3 Transmitter Power FCC Compliance FCC: 20 dBm 1.1.5.4 Battery 6000 mAh LiPo 2S 1.1.5.5 Operating Temperature 0°C- 40°

APPEN D I X – BDJI Phantom 3 – Ma nu f a ct u re r' s User Ma nu a l

http://download.dji-innovations.com/downloads/phantom_3/en/Safety_Guidelines_Disclaimer_en.pdf http://download.dji-innovations.com/downloads/phantom_3 /en/Phantom_3_Professional_User_Manual_v1.0_en.pdf http://download.dji-innovations.com/downloads/phant om_3/en/Phantom_3_Professional_In_the_Box_en.pdf http://download.dji-innovations.com/downloads/phantom_3 /en/Phantom_3_Professional_Quick_Start_Guide_en.pdf

APPENDIX - C

Swords Building Consultants, LLC Monthly Maintenance and Repair Log Aircraft:

Hours:

Date:

Date Issue Discovered Date Issue Resolved Issue Description/ Maintenance Conducted Repair/ Maintenance Performed By Airframe Motors Propellers Flight Control Update

Gimbal

Misc