1 | P a g e

U. S. Department of Transportation

Docket Management System

1200 New Jersey Ave., SE

West Build ing Ground Floor, Room W12

- 140

Washington, DC 20590

Dear Sir or Madam:

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (the Reform Act) and 14 C.F.R. Part 11, PCS Production Company, LLP, hereby applies for an exemption from the listed Federal Aviation Regulations to allow commercial operation of small Unmanned Aerial Systems ( sUAS )

.

TABLE OF CONTENTS

I. SUMMARY ........................

......................................................... ............. ...............................2

II. CONTACT INFORMATION ..................................................................

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

III. PCS PRODUCTION COMPANY’S OPERATIONS......

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

IV. DJI PHANTOM 3 FLIGHT PROCEDURES...

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

V. PRIVACY................................................................................................

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

VI. AIRCRAFT SAFETY.

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

VII. PUBLIC SAFETY................................................................

.............................. ................................7

VIII. REG ULATION EXEMPTION REQUESTS AND EQUIVALENT LEVEL OF SAFETY...........................7

IX. CONCLUSION

........................... .............................................................................................. 172 | P a g e

I. Summary

The Federal Aviation Act expressly grants the FAA the authority to issue exemptions. This statutory authority by its terms includes exempting civi l aircraft, as the term is defined under § 40101 of the Act that includes small unmanned aerial systems (sUAS) , from the requirement that all civil aircraft must have a current airworthiness certificate. “The Administrator may grant an exemption from a req uirement of a regulation prescribed under subsection (a) or (b) of this section or any sections 44702

- 44716 of this title if the Administrator finds the exemption in the public interest.” 49 U.S.C. § 44701(f). See also 49 U.S.C. § 44711(b).

To operate s UAS commercially while still promoting air safety and the efficient use of the navigable airspac e , PCS Production Company, LLP (PCS) seeks an exemption from the following sections in Title 14 of the Code of Federal Regulations :

 14 C.F.R 21(H )

 14 C.F.R. 43.7

 14 C.F.R. 43.11 (b)

 14 C.F.R. 45.11

 14 C.F.R. 45.27

 14 C.F.R. 45.29

 14 C.F.R. 61.101(e)(4)

 14 C.F.R. 61.113(a)

 14 C.F.R. 91.9(b)(2)

 14 C.F.R. 91.9(c)

 14 C.F.R. 91.103(b)(2)

 14 C.F.R. 91.105

 14 C.F.R. 91.113(b)

 14 C.F.R. 91.119(b) and (c)

 14 C.F.R. 91.121 (a)(1)

 14 C.F.R. 91. 151 (b)

 14 C.F.R. 91.203(a) and (b)

 14 C.F.R. 91. 215

 14 C.F.R . 91.403

 14 C.F.R. 91.405 (a) and (d)

 14 C.F.R. 91.407

 14 C.F.R. 91. 409

 14 C.F.R. 91.417

Approval of exemptions for PCS will allow commercial operations of sUAS for the purpose of conducting photography and videography in safe rural and suburban areas. The pilot in command (PIC) will have obtained the required sport and/or private airworthiness
certificate. The requested exemption should be granted because operation of the proposed

sUAS conducted in the strict conditions outlined below, will provide an equivalent level of safety, while still allowing commercial operations. The general benefit to the public would be the ability to partner with a reputable production company who has passed all the steps3 | P a g e required to safely and commercially shoot aerial footage with a sUAS. The lightweight
aircraft s , t he DJI Phantom 3 Advanced and DJI Phantom 3 Professional , covered by the exemption are far safer than conventional operations conducted with he licopters and fixed

wing aircraft weighing several thousand pounds containing pilot and crew operating in close proximity to the ground and people below. The FAA is required to determine which types of

sUAS do not create a hazard to users of the NAS or the public or pose a threat to national security in light of the following:

 The UA’s size, weight, speed, and operational capability

 Operation of the UA in close proximity to airports and populated areas

 Operation of the UA within visual line of sight of the operator (VLOS).

In comparison , the sUAS are small, and will operate at slow speeds, close to the ground, far from airports and in a low ri sk, low population environment.

PCS submits that the requested relief is appropriate since an equivalent level of safety will be ensured. All maintenance, alterations, and preventive maintenance of the DJI Phantom 3
systems performed by PCS will be in accordance with the methods, techniques, and practices prescribed in the manufacturer’s operating documents. Furthermore, only the Original Equipment Manufacturer (OEM) or qualified OEM maintainers will perform higher level inspections and maintenance per the operating documents and OEM standards. PCS
will document and maintain all maintenanc e records for the DJI Phantom 3 systems

.

II. Contact Information

PCS Production Company , LLP 1551 Corporate Drive, Suite 125 Irving, TX 75038 (972) 550

- 8503 justin@pcsproductions.com

III. PCS Production Company’s Operations

PCS is a full

- service media communications firm that has been in business for over 20

years. PCS provid es video and live event production services all over the country. PCS is in business to build genuine relationships through high quality production.

A. The requested exemption will permit the operation of two sUAS , the DJI Phantom 3
Professional and DJI Phantom 3 Advanced.

1. DJI Phantom 3 Professional
The DJI Phantom 3 Professional is a small, unmanned multirotor aircraft, weighing 1280 grams ( incl uding battery and propellers) . The rotorcraft can operate at a speed
up to 16 m/s ( 35.791 mph). The FAA has previously granted Exemption No. 11138, allowing comm ercial operations of a DJI product

. The sUAS has the following specifications:4 | P a g e Dimensions: 18 x 13 x 8 in. Flight Control System: Internal to the DJI Phantom 3
Transmitter : DJI Remote Control
Receiver : Internal to DJI Phantom 3

Motor: DJI 2312 Propeller s : DJI 9450, 9

- inch diameter
Gimbal: 3

- axis gimbal Camera: Sony EXMOR
Batteries: 4S 15.2V 4 480 mAh LiPo

Please see the attached documents for further information about the DJI Phantom 3
Professional

.

2. DJI Phantom 3 Advanced
The DJI Phantom 3 Advanced is a small, unmanned multirotor aircraft, weighing 1280 grams (including battery and propellers). The rotorcraft can operate at a speed up to 16 m/s (35.791 mph). The FAA has previously granted Exemption No. 11138, allowing com mercial operations of a DJI product

. The sUAS will have the following specifications:
Dimensions: 18 x 13 x 8 in. Flight Control System: Internal to the DJI Phantom 3
Transmitter: DJI Remote Control
Receiver: Internal to DJI Phantom 3
Motor: DJI 2312 Propeller: DJI 9450, 9

- inch diameter
Gimbal: 3

- axis gimbal Camera: Sony EXMOR
Batteries: 4S 15.2V 4480 mAh LiPo

Please see the attached documents for further information about the DJI Phantom 3
Advanced.

B. Conditions for Flight Operations

The sUAS will be flown in airspace unde r 400 feet above ground level ( AGL) and under
controlled conditions in rural and suburban areas. PCS will only operate its sUAS in visual meteorological conditions

. PCS will o nly operate sUAS during the day. At all times the sUAS
must stay 500 feet below any clo uds and the Pilot in Command (PIC) must have 3 mile visibility

. The flight crew will always make a safety assessment of the risk of every operation, and will only operate when it is determined that no undue haza rds are present. The flight crew, consisting of one PIC and two visual assistants , will act as boundaries on the outside of the intended flight area, watching for intrusions into the area from individuals or other aircraft.5 | P a g e The flight c rew will have each individual involved in the filming sign a waiver and obtain their consent prior to shooting. Additionally, during operations, the two visual assistants will be on the lookout for any trespassers, so that the operation can be quickly abor ted if
someone unauthorized walks into the closed set.

The sUAS will be used to shoot footage for films, television shows, videos and
commercials. The sUAS could possibly be flown over both land and water. PCS will avoid congested areas when planning oper ations, and will work with the local enforcement if

necessary

.
C. Flight Operations

The purpose of each sUAS flight will be to film for the video production industry safely and efficiently.

PCS ’s flight crew will always use at least three individuals for eac h flight: the Pilot in
Command and two visual assistants . Prior to the day of filming, the flight crew will visit the site where filming will be held and observe the area to determine if it is safe for shooting. The flight crew will determine that a locati on is not safe if it is too close to objects, such as trees, or if wind conditions would make the planned flight unsafe.

On the day of filming, the flight crew will set out a landing pad that has a diameter of

50

- 100 feet marked as the “home” area. This l anding pad area will be marked off with cones and flags. The flight crew will set the bailout height 150 feet higher than the highest spot in the area, but limit the height to 400 feet AGL. In the event that the PIC becomes incapacitated, the producer will hit the red “return” button on the transmitter, or turn off the transmitter. Either event will cause the sUAS to rise to the set height, travel horizontally until it is over the “home” location, then land. Both the DJI Phantom 3 Professional and DJI
Phant om 3 Advanced will have the “return to home” funct ion in their flight controller.

Once the home zone is set, the flight crew will go through an extensive preflight safety inspection

. At the ground station, the PIC will set up a laptop which shows the telem etry information about the flight, distance away, altitude, and heading. The producer will be able to view what the camera views and can ask the PIC to move the sUAS to get a different shot.

For flights over water, the sUAS’s feet will be fitted with flot ation devices in the event of an emergency water landing.

The PIC will have a Sport or Private Pilot’s license.

IV. DJI Phantom 3 Flight Procedures

The flight crew will go through the DJI Phantom 3 ’s pre

- flight inspection

. After the pre

flight safety inspecti on has been passed, and each crew member is in place, the PIC will start
the DJI Phantom 3 engine and the timer on the transmitter.

When flying the DJI Phantom 3 , each flight will be terminated when the usa ble battery power reaches the 25 % mark, or at 30 m inutes, whichever comes first. The fligh t crew can land the sUAS, replace the battery, in order to continue to film, if necessary.6 | P a g e The PIC will manually control each flight using a GPS hold or assist. The automated features of the GPS will keep the sUAS in a fixed location in the wind. It will also allow the
PIC to release the controls and have the sUAS remain in that fixed location. The PIC can then move one of the control sticks, and the sUAS will move in that direction and no others.

After the operation, the PIC and flight crew will go through the post

- flight inspection

.

V. Privacy

There is little concern that the proposed flights will cause invasions of privacy because all flights will occur in a closed set situation with written permission of the property owner. Should any trespasser enter into the filming area, the flight will be aborted safely. Every individual present during filming will have signed a waiver.

VI. Aircraft Safety

PCS proposes that the exemption requested herein apply to civil aircra ft that have the characteristics and that operate with the limitations listed herein :

1. The sUAS will weigh no more than 55 lbs.

2. Flights will be operated within line of sight of a pilot and multiple assistants

. 3. Maximum total flight time for each operational flight of the DJI Phantom 3 will be 30
minutes. Flights will be terminated at 25 % battery reserve should that occur prior to the
30 minute limit.

4. When flying the DJI Phantom 3 Professional and DJI Phant om 3 Advanced , the low battery failsafe is triggered when the DJI Intelligent Flight Battery is depleted to a point that may affect the safe return of the aircraft. This threshold is automatically
determined based on the current aircraft altitude and its d istance from the home spot.

5. The sUAS will remain clear and yield the right of way to all other manned operations
and activities at all times.

6. Flights will be operated at an altitude of no more than 400 feet AGL.

7. Minimum crew for each operation will consist of the sUAS PIC and two visual
assistants

. 8. A briefing will be conducted in regard to the planned sUAS operations prior to each day’s flight . It will be mandatory that all personnel who will be performing duties in connection with the opera tions be present for this briefing.

9. Prior to each day’s flight , the flight crew will visit the location for filming to determine if it is safe for filming. The flight crew will also brief their clients on the limitations of the
sUAS and their own inter nal safety limitations.

10. The operator will obtain a FAA UAS Civil COA prior to conducting any operations under this grant o f exemption.

15. The PIC and visual assistants will at all times be able to communicate7 | P a g e 16. Written permission from the landown ers/authorized agents of the land over which flights will occur.

17. All required permissions and permits will be obtained from territorial, state, county or city jurisdictions, including local law enforcement, fire departments , or other appropriate gove rnmental agencies.

18. Both the DJI Phantom 3 Professional and DJI Phantom 3 Advanced will have the capability to abort a flight in case of unexpected obstacles or emergencies. Prior to each flight, two separate safety zones will be programmed into the sUAS autopilot, in the event that the home area is unsafe for an emergency landing.

19. For both the DJI Phantom 3 Professional and DJI Phantom 3 Advanced , if the sUAS
and its radio controller disconnects during flight, the multirotor will return to home and land automatically

.

20. Approval of commercial flights as outlined in this petition presents no national security issue

.

Satisfaction of the criteria provided in Section 333 of the Reform Act of 2012

-- size, weight, speed, operating capabilities, pr oximity to airports and populated areas and operation within visual line of sight and national security

– provide more than adequate justification for the grant of the requested exemptions al lowing commercial operation
of PCS ’s sUAS in the video production industry pursuant to PCS ’s rules of operation

.

VII. Public Safety

When flying a sUAS, the pilot and crew are safely on the ground, rather than several hundred feet in the air, as the FAA has previously determined.

The limited weight of the DJI Phantom 3 Professional and DJI Phantom 3 Advanced significantly reduces the potential for harm to participating and nonparticipating individuals or property in the event of an incident or accident. Additionally, both sUAS can fly at lower
altitudes than manned airc raft and requires less room for takeoff and landing, allowing for flights to take plac e over smaller areas.

Using the DJI Phantom 3 Professional and DJI Phantom 3 Advanced for the purpose of filming, therefore, is significantly safer than use of a manned a ircraft for the same purpose.

VIII. Regulation Ex emption Request s and Equivalent Level of Safety

A. 14 C.F.R. 21(H ): Airworthiness Certificates

PCS requests an exemption from 14 C.F.R. 21(H), which “prescribes procedural requirements for the issue of airworthiness certificates.”

Equivalent level of safety: Both the DJI Phantom 3 Professional and DJI Phantom 3 Advanced’s small size, weight, speed, and limited operating area associated with the aircraft8 | P a g e and their operation meet the statutory considerations of Section 333. PCS ’s proposed exemption meets the requirements for an equivalent level of safety of this section based upon the following factors:

 Small size

o DJI Phantom 3 Professional and DJI Phantom 3 Advanced : 18 x 13 x 8 in.

 Light weight: Under 10 lbs.

 Relatively slow speed:

o DJI Phantom 3 Professional and DJI Phantom 3 Advanced : speeds up to 16 m/s (35.791 mph).

 Operational capacity:

o DJI Phantom 3 Professional and DJI Phantom 3 Advanced : the low battery level failsafe is triggered when the DJI Intelligent Flight Battery is depleted to a point that may affect the safe return of the aircraft. The warning threshold is automatically determined based on the current
aircraft altitude and its d istance from the home point.

 Proximity to airports: PCS will only operate in Class G airspace

 Proximity to populated areas: PCS will only operate in Class G airspace in rural
and suburban areas and work with the local Flight Standards District Offices to
determine which areas to avoid during flights.

 Operation within visual line of sight: the PIC will always fly the sUAS within
his /her line of sight.

 Altitude: no more than 400 feet AGL.

 Restricted area in which the sUAS will be operated: as described previ ously in this petition, the flight crew will act as a boundary to the flight area. The sUAS will not exit that area, and the flight crew will watch for individuals and other aircraft entering the space. Flights will be aborted if there is any doubt of safe ty

.

B. 14 C.F.R. 43.7: Persons authorized to approve aircraft, airframes, aircraft engines, propellers, appliances, or component parts for return to service after maintenance, preventive maintenance, rebuilding, or alteration.

PCS requests an exemption from 14 C.F.R. 43.7 which states that “ the holder of a mechanic certificate or a repair station certificate may approve an aircraft, airframe, aircraft engine, propeller, appliance, or component part for return to service. ”

Equivalent level of safety: The reque sted exemption will provide an equivalent level of safety because PCS will repair and maintain the sUAS in accordance with the manufacturer’s
directions and recommendations for the DJI Phantom 3 systems

.
C. 14 C.F.R. 43.11 (b) : Content, form, and disposition o f records for inspections conducted under parts 91 and 125 and §§135.411(a)(1) and 135.419 of this chapter.

PCS requests an exemption from 14 C.F.R. 43.11(b ) which states “ (b) Listing of discrepancies and placards. If the person performing any inspection required by part 91 or 125 or §135.411(a)(1) of this chapter finds that the aircraft is unairworthy or does not meet the applicable type certificate data, airworthiness directives, or other approved data upon9 | P a g e which its airworthiness depends, that persons m ust give the owner or lessee a signed and dated list of those discrepancies. For those items permitted to be inoperative under §91.213(d)(2) of this chapter, that person shall place a placard, that meets the aircraft's airworthiness certification regulatio ns, on each inoperative instrument and the cockpit control of each item of inoperative equipment, marking it “Inoperative,” and shall add the items to the signed and dated list of discrepancies given to the owner or lessee. ”

Equivalent level of safety: The sUAS, due to its small size, does not have room for placards to be placed in or on it and no inspections for sUAS have been certified by FAA at the present time. To achieve an equivalent level of safety, PCS will keep log books of all maintenance and repairs. These log books will include the information meant for the placards. This meets an equivalent level of safety to 14 C.F.R. 43.11(b) because the log books will be kept at the ground station w h ere the flig ht crew will have immediate access to them.

D. 14 C.F.R. 45.11: Marking of products.

PCS requests an exemption from 14 C.F.R. 45.11 which states “ ( a ) Aircraft. A manufacturer of aircraft covered under §21.182 of this chapter must mark each aircraft by
attach ing a fireproof identification plate that

— ”

Equivalent level of safety: The sUAS, due to its small size, does not have room for fireproof placards to be placed on it. Any additional weight or placards on the sUAS could create a risk, due to the small size and nature of the DJI Phantom 3 Professional and DJI
Phantom 3 Advanced. To achieve an equivalent level of safety, PCS will keep information
related to the DJI Phantom 3 Professional and DJI Phantom 3 Advanced , i ncluding their user manuals and log books at the ground station, and affix their N

- Numbers, once obtained from the FAA Registration Office, as large as practicably possible. The requested exemption provides an equivalent level of safety to 14 C.F.R. 45.11 because the relevant documentation containing the serial numbers will be at the ground station with the PIC, where it will be useable in the event of an emergency.

E. 14 C.F.R. 45.27 : Location of marks; nonfixed

- wing aircraft

.

PCS requests an exemption from 14 C.F.R. 45.27 which says that “ (a) Rotorcraft. E ach operator of a rotorcraft must display on that rotorcraft horizontally on both surfaces of the cabin, fuselage, boom, or tail the marks required by §45.23 ”

Equivalent level of safety: The DJI Phantom 3 P rofessional and DJI Phantom 3 Advanced, due to its small size, does not have a cabin, fuselage, boom or tail to display the marks required by §45.23. Once PCS receives its N

- Numbers for the DJI Phantom 3
Professional and DJI Phantom 3 Advanced , it will display these marks on the aircraft as large as practicably possible. This exemption provides an equivalent level of safety to 14 C.F.R. 45.27 because the sUAS will be registered with the FAA Aircraft Registration Branch. In the
event of incident , the sUAS will be traceable to PCS

.

F. 14 C.F.R. 45.2 9: Size of marks

.

PCS requests a n exemption from 14 C.F.R. 45.29 which states that “(a) Except as provided in paragraph (f) of this section, each operator of an aircraft must display marks on10 | P a g e the aircraft meeting the size requirements of this section. (b) Height. Except as provided in paragraph (h) of this part, the nationality and registration marks must be of equal height and on

— (3) Rotorcraft, must be at least 12 inches high, except that rotorcraft disp laying before April 18, 1983, marks required by §45.29(b)(3) in effect on April 17, 1983, and rotorcraft manufactured on or after April 18, 1983, but before December 31, 1983, may display those marks until the aircraft is repainted or the marks are repaint ed, restored, or changed. ”

Equivalent level of safety: PCS will affix its registration number as large as practicably possible on the DJI Phantom 3 Professional and DJI Phantom 3 Advanced , once it obtains the

N

- Numbers. This exemption provides an equivalen t level of safety to 14 C.F.R. 45.29 because the sUAS will be registered with the FAA Aircraft Registration Branch. In the event of incident, the sUAS will be traceable to PCS

.
G. 14 C.F.R. 61.101(e ) (4) : Recreational pilot privileges and limitations.

PCS requests an exemptio n from 14 C.F.R. 61.101 (e)(4) which states " (e) Except as

p rovided in paragraphs (d) and (i) of this section, a recreational pilot may not act as pilot in
command of an aircraft

— (4) For compensation or hire. ”

Equivalent level of safet y: PCS submits that an equivalent level of safety will be maintained because no PIC will be allowed to operate the DJI Phantom 3 Professional and
DJI Phantom 3 Advanced unless that PIC has met all requirements, demonstrating that the PIC is able to safely operate the sUAS in a manner consistent with the operations specifications as set forth herein, including evasive and emergency maneuvers, as well as maintaining appropriate distances from people, vessels, vehicles, and structures. Because
the s UAS will no t carry a pilot or passengers, the proposed operations can achieve the equivalent level of safety of current operations by requiring the PIC operating the aircraft to have a sport or private pilot license rather than a commercial pilot' s license to operate s UAS. Unlike a conventional aircraft that carries the pilot and passengers, the sUAS are remotely
controlled with no person on board.

H. 14 C.F.R. 61.113(a ): Private pilot privileges and limitations: Pilot in command

PCS requests an exemption from 14 C.F.R. 61.113(a ) which states " (a) Except as provided in paragraphs (b) through (h) of this section, no person who holds a private pilot certificate may act as pilot in command of an aircraft that is carrying passengers or property for compensation or hire; nor m ay that person, for compensation or hire, act as pilot in
command of an aircraft. ”

Equivalent level of safety: As stated above, PCS submits that an equivalent level of safety will be maintained because no PIC will be allowed to operate the DJI Phantom 3

Pr ofessional and DJI Phantom 3 Advanced unless that PIC has met all requirements, demonstrating that the PIC is able to safely operate the sUAS in a manner consistent with the operations specifications as set forth herein, including evasive and emergency

man euvers, as well as maintaining appropriate distances from people, vessels, vehicles, and structures. Because the UAS will not carry a pilot or passengers, the proposed operations can achieve the equivalent level of safety of current operations by requiring the PIC11 | P a g e operating the aircraft to have a sport or private pilot license rather than a commercial pilot's license to operate sUAS. Unlike a conventional aircraft that carries the pilot and passengers, the sUAS are remotely controlled with no person on boar d.

I. 14 C.F.R. 91.9(b)(2): Civil aircraft flight manual, marking, and placard requirements.

PCS requests an exemption from 14 C.F.R. 91.9(b)(2 ) which states "(b) No person may operate a U.S.

- registered civil aircraft... (2) For which an Airplane or Rotorcra ft Flight Manual is not required by §21.5 of this chapter, unless there is available in the aircraft a current approved Airplane or Rotorcraft Flight Manual, approved manual material, markings, and placards, or any combination thereof."

Equivalent level of safety: There does not currently exist a method of approving manuals for sUAS and given the size and configuration of the sUAS, there is no space to carry such a flight manual on the aircraft. PCS will keep its flight manual at the ground station, where b oth the PIC and assistants can access it. An equivalent level of safety to 14 C.F.R. 91.9(b)(2) is provided because the intent of this rule which is the pilot having access to this material during flight, is met.

J. 14 C.F.R. 91.9(c): Civil aircraft flight ma nual, marking, and placard requirements.

PCS requests an exemption from 14 C.F.R. 91. 9(c) which states "(c) No person may operate a U.S.

- registered civil aircraft unless that aircraft is identified in accordance with part 45 of this chapter."

Equivalent l evel of safety: As stated above, PCS will submit AC Form 8050

- 1 to the FAA Registration Office in order to obtain its N

- Numbers. The sUAS, due to its small size, does not have room to contain fireproof placard or to display aircraft marks in a conventional size. However, PCS will place its N

- Numbers on the aircraft in lettering as large as practicably possible, once obtained from the FAA. An equivalent level of safety to 14 C.F.R. 91.9(c) is
met because the sUAS will be registered with the FAA and identifia ble in the event of an
incident.

K. 14 C.F.R. 91.103(b)(2): Preflight action.

PCS requests an exempt ion from 14 C.F.R. 91.103(b)(2) which states "Each pilot in command shall, before beginning a flight, become familiar with all available information concerning that flight. This information must include

— ... (b) For any flight, runway lengths at airports of intended use, and the following takeoff and landing distance information: ... (2) For civil aircraft other than those specified in paragraph (b)(1) of this sect ion, other reliable information appropriate to the aircraft, relating to aircraft performance under expected values of airport elevation and runway slope, aircraft gross weight, and wind and temperature."

Equivalent level of safety: The PIC will, before b eginning a flight, become familiar with all available and relevant information concerning the craft and that flight, including wind and temperature. However, as the flights of the sUAS will not begin or end at airports, the airport

- related information requ ired in Part 91.103(b)(2) does not apply. As a condition to the approval of exemption, PCS shall perform the preflight operations

.12 | P a g e L. 14 C.F.R. 91.105: Flight crewmembers at stations

.

PCS requests an exemption from 14 C.F.R. 91.105 since this part is not appl icable
because sUAS do not carry flight crewmembers.

Equivalent level of safety: The requested exemption will achieve an equivalent level of safety because PCS will not operate the aircraft unless someone is at the controls at all
times.

M. 14 C.F.R. 91.113(b): Right

- of

- way rules: Except water operations

PCS requests an exemption from 14 C.F.R. 113(b) which states “(b) General. When weather conditions permit, regardless of whether an operation is conducted under instrument flight rules or visual flight rules, vigilance shall be maintained by each person operating an aircraft so as to see and avoid other aircraft. When a rule of this section gives another aircraft the right

- of way, the pilot shall give way to that aircraft and may not pass over, under, o r ahead of it unless well clear."

Equivalent Level of Safety: PCS will operate its sUAS to see and avoid and give way to other aircraft that should enter airspace at or below 400 feet AGL, and will give right

- of

- way to manned aircraft. This will provide an equivalent level of safety to 14 C.F.R. 91.113(b) because the sUAS has significantly greater mobility than a much larger, manned aircraft. As a result, the PIC will be able to react and respond much quicker than the other pilot.

N. 14 C.F.R. 91.119(b) and (c ): Minimum safe altitudes: General.

PCS requests an exemption from 14 C.F.R. 91.119 (b) and (c) which state "Except when necessary for takeoff or landing, no person may operate an aircraft be low the following
altitudes: (b) Over congested areas. Over any congested area of a city, town, or settlement, or over any open air assembly of persons, an altitude of 1,000 feet above the highest obstacle within a horizontal radius of 2,000 feet of the aircraft. (c) Over other than congested areas. An altitude of 500 feet above the surface, except over open water or sparsely populated areas. In those cases, the aircraft may not be operated closer than 500 feet to any person, vessel, vehicle, or structure.”

Equivalent level of safety: PCS requests an exemption to allow it to conduct flight operations closer than 500 feet to vessels, vehicles and structures when the owner/controller of any such vessels, vehicles or structures grants permission for the operation and the PIC makes a safety assessment of the risk of operatin g closer to those objects and determines that it does not present an undue hazard. PCS will not operate the sUAS any higher than 400 feet AGL . T he sUAS will necessarily be flown closer than 500 feet

to people and structures it will be filming, as well as c lo ser than 500 feet to the ground

. When planning operations, PCS will work with local FSDO to determine the proper location for filming. Additionally, prior to each operation, PCS ’s flight crew will conduct a safety assessment and will not operate its sUAS without determining that there are no undue safety hazards.

PCS ’s visual assistants will serve as a boundary on the outer edges of the flight operational area in order to actively monitor the space for unauthorized and nonparticipating individuals. Should one appear, PCS will safely land the sUAS in a manner13 | P a g e meant to avoid the unauthorized/nonparticipating individual. This will provide an equivalent level of safety to 14 C.F.R. 91.119(b) and (c) because the PIC and flight crew will make a safety assessment of the risk of operating, and determine that it does not present an undue
hazard.

O. 14 C.F.R. 91.121 (a)(1) : Altimeter Settings

.

PCS requests an exemption from 14 C.F.R. 91.121 (a)(1) which states “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 m iles 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.”

Equivalent Level of Safety: The DJI Phantom 3 Professional and DJI Phantom 3 Advanced’s flight controller both have an internal measurement unit (“IMU”) . The IMU has a
built

- in internal sensor and a barometric altimeter that measures both attitude and altitude. PCS requests an exemption from the requirement to set its altimeter to a station along the route, or out of an airport, because the DJI Phantom 3 Professional and DJI Phantom 3 Advanced will not be traveling point

- to

- point and is limited in the distance it can travel from the PIC. Additionally, PCS will not be flying into or out of an airport.

PCS ‘s operation of the sUAS will not exceed 400 feet AGL and will be operated in a fashion that is not a sustained cruising flight such as a manned aircraft will typically fly. The operator will be able to observe and control the maximum height of the sUAS through the telemetry features of the transmitter and o n the laptop at the ground station. The telemetry
features of both the DJI Phantom 3 Professional and DJI Phantom 3 Advanced provide altitude information from the onboard flight controller. Additionally, the sUAS will be operated within the line of sight. The FAA has prev iously granted this exemption.

P. 14 C.F.R. 91.151 (b) : Fuel requirements for flight in VFR conditions.

PCS requests an exemption from 14 C.F.R. 91.121 (a)(1) which states “ (b) No person may begin a flight in a rotorcraft under VFR conditions un less (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. ”

Equivalent level of safety: The DJI Phantom 3 Profes sional and DJI Phantom 3 Advanced are powered by electricity using lithium polymer batteries. Therefore, since the sUAS are battery operated, it is currently impossible to comply with Part 91.151(b). However, the sUAS will be operated in a manner with at l east the equivalent level of safety as that of a manned aircraft complying with Part 91.151.

During the entire flight, the PIC will always have a visual line of sight of the sUAS and the PIC and producer will be monitoring the battery life via the telemetr y display on the laptop at the ground station. The sUAS will always have enough power to land safely, given the14 | P a g e minimum level of reserve capacity of the batteries. PCS will land the DJI Phantom 3
Professional and DJI Phantom 3 Advanced when the low battery level failsafe is triggered. The proposed exemption meets an equivalent leve l of safety to 14 C.F.R. 91.151(b).

Q. 14 C.F.R. 91.203(a) and (b): Civil aircraft: Certifications required.

PCS requests an exemption fr om 14 C.F.R. 91.203(a) and (b) which state “(a) Except as provided in § 91.715, no person may operate a civil aircraft unless it has within it the following: (1) An appropriate and current airworthiness certificate... (2) An effective U.S. registration certificate issued to its owner... (b) No person m ay operate a civil aircraft unless the airworthiness certificate required by paragraph (a) of this section or a special flight authorization issued under § 91.715 is displayed at the cabin or cockpit entrance so that it is legible to passengers or crew.”

E quivalent level of safety: First, there are currently no procedures by which the FAA can approve airworthiness certificates for sUAS. However, PCS will submit AC Form 8050

- 1 to the FAA Registration Office in order to obtain its N

- Number, which will be plac ed on the aircraft as large as practicably possible, and the PIC will have the operator’s manual and log book at the ground station, which have of the relevant testing and data information for each

sUAS.

Additionally, the autopilot systems for both the DJI Phantom 3 Professional and DJI Phantom 3 Advanced provides a number of safety features, including the failsafe automatic return to home if the radio control link is broken. If the radio control link is broken, the autopilot system will recognize this brok en control link and cause the sUAS to automatically return to the preset home position as recorded by the GPS instrumentation. Because the sUAS team will mark off an area that will be used as the home position for the sUAS to return, no one will be standin g in the way of the path.

PCS will not accept assignments from clients who are within 5 miles of controlled airspace without first gaining written permission from air traffic control.

The DJI Phantom 3 Professional and DJI Phantom 3 Advanced are no more th an 10 pounds. The sUAS will be tightly controlled and monitored by the operator and the observer and in compliance with the requirements of the FAA’s grant of this petition and all local public safety requirements. This will ensure safety and security for the area of operation

. Lastly, application of these same criteria demonstrates that there is no credible threat to national security posed by the UAS, due to its size, speed of operation, location of operation, and inability to carry a substantial payload. Granting the proposed exemption will achieve an equivalent level of safety to 14 C.F.R. 91.203(a) and (b) because of the small size of the sUAS and the operational limits set out above.

R. 1 4 C.F.R. 91.215: ATC transponder and a ltitude r eporting equipment an d u se

.

PCS requests an exemption from 14 C.F.R. 91.215 which states “(a) All airspace: U.S.

- registered civil aircraft. For operations not conducted under part 121 or 135 of this chapter, ATC transponder equipment installed must meet the performance and env ironmental requirements of any class of TSO

- C74b (Mode A) or any class of TSO

- C74c (Mode A with altitude reporting capability) as appropriate, or the appropriate class of TSO

- C112 (Mode S).15 | P a g e (b) All airspace. Unless otherwise authorized or directed by ATC, no person may operate an aircraft in the airspace described in paragraphs (b)(1) through (b)(5) of this section, unless that aircraft is equipped with an operable coded radar beacon transponder having either Mode 3/A 4096 code capability, replying to Mode 3/A interrogations with the code specified by ATC, or a Mode S capability, replying to Mode 3/A interrogations with the code specified by ATC and intermode and Mode S interrogations in accordance with the applicable provisions specified in TSO C

- 112, and t hat aircraft is equipped with automatic pressure altitude reporting equipment having a Mode C capability that automatically replies to Mode C interrogations by transmitting pressure altitude information in 100

- foot increments. This requirement applies

— “

Eq uivalent level of safety: The DJI Phantom 3 Professional and DJI Phantom 3 Advanced are not equipped with ATC transponder equipment. It is designed to fly in limited airspace under the control of a ground station.

An equivalent lev el of safety to 14 C.F.R. 91.215 will be met because PCS will not fly its sUAS into or near airports. All operations will be below 400 feet AGL, so there is very low risk of collision with any manned aircraft. Moreover, the DJI Phantom 3 Professional and DJI
Phantom 3 Advanced will always be flown within the line of sight of the PIC, and PCS will
utilize two visual assistants on opposite, outer edges of the flight area, whose only job is to watch for objects and individuals entering into the flight area. PCS will also give righ t of way to manned aircraft as they do appear.

S. 14 C.F.R. 91.403: General

.

PCS requests an exemption from 14 C.F.R. 91.403 which states “ (a) The owner or operator of an aircraft is primarily responsible for maintaining that aircraft in an airworthy conditio n, including compliance with part 39 of this chapter. (b) No person may perform maintenance, preventive maintenance, or alterations on an aircraft other than as prescribed in this subpart and other applicable regulations, including part 43 of this chapter. (c) No person may operate an aircraft for which a manufacturer's maintenance manual or instructions for continued airworthiness has been issued that contains an airworthiness limitations section unless the mandatory replacement times, inspection intervals , and related procedures specified in that section or alternative inspection intervals and related procedures set forth in an operations specification approved by the Administrator under part 121 or 135 of this chapter or in accordance with an inspection p rogram approved under §91.409(e) have been complied with. (d) A person must not alter an aircraft based on a supplemental type certificate unless the owner or operator of the aircraft is the holder of the supplemental type certificate, or has written permi ssion from the holder. ”
Equivalent level of safety: This section limits maintenance to that “prescribed in this subpart and other applicable regulations, including part 43 of this chapter.” Because of this limitation, and because of the exemptions under Pa rt 43 requested above, PCS requests an exemption from this section. This exemption meets the requirements for an equivalent level of safety pursuant because of the sUAS small size, light weight, relatively slow speed, and
use in controlled rural environmen ts, as described previously in this petition. PCS will conduct maintenance and repairs of the DJI Phantom 3 under the supervision and direction
of the sUAS manufacturer and designer.16 | P a g e T. 14 C.F.R. 9 1.405 (a) and (d): Maintenance r equired

. PCS requests an exemption from 14 C.F.R. 91. 405 (a) and (d) which state “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 th is section, have discrepancies repaired as prescribed in part 43 of this chapter; (d) When listed discrepancies include inoperative instruments or equipment, shall ensure that a placard has been installed as required by §43.11 of this chapter. ”

Equivalent level of safety: As shown, PCS is applying for an exemption for these sections, due to the fact that its operators will inspect the sUAS prior to each flight and keep a record of all maintenance that is done. Additionally, prior to each operation, PCS will conduct a pre

- flight safety check of the DJI Phantom 3 systems . Because the sections are concerned with manned aircraft, and as such have inspection requirements designed for the safety of passengers, they are inapplicable to PCS. As noted previously, PCS requests an exemption to the placard requirement, because, due to the small size of the sUAS, there is no room to place the placard.

The requested exemption will meet an equivalent level of safety to 14 C.F.R. 91. 405(a) and (d) because PCS will repair an d maintain the DJI Phantom 3 Professional and DJI
Phantom 3 Advanced by following the manufacturer’s specifications.

U. 14 C.F.R. 91.407: Operation after maintenance, preventive maintenance, rebuilding, or
alteration

. PCS requests an exemption from 14 C.F.R. 91.407 which states that “ (a) No person may operate any aircraft that has undergone maintenance, preventive maintenance, rebuilding,
or alteration unless

— (1) i t has been approved for return to service by a person authorized under § 4 3.7 of this chapter; a nd (2) t he maintenance record entry required by §43.9 or §43.11, as applicable, of this chapter has been made.”

Equivalent level of safety: To achieve an equivalent level of safety, PCS will regularly inspect and maintain its sUAS in the manner required fo r manned aircraft, under the supervision of and at the direction of the manufacturer of the DJI Phantom 3 systems . PCS will repair and maintain the DJI Phantom 3 Professional and DJI Phantom 3 Advanced by following the manufacturer’s specifications. PCS ha s requested an exemption from §§ 43.7 and 43.11 as seen above. The capability of the operators to maintain and repair the sUAS meets the requirements for an equivalent level of safety pursuant to Section 333 for both sUAS, their intended use, and the opera ting environment.

V. 14 C.F.R. 91.409: Inspections

. PCS requests an exemption from 14 C.F.R. 91.409 which explains the requirements for inspections of aircraft. PCS respectfully requests an exemption from these requirements because they are intended to maintain the safety of manned aircraft significantly larger and capable of sign ificantly longer flights than sUAS

. Equiv alent level of safety: The requested exemption will meet or exceed the level of safety achieved by adherence to 14 C.F.R. 91.409 because PCS’s inspection and maintenance procedures of the DJI P hantom 3 systems are as identical as possible to the inspection and17 | P a g e maintenance procedures of manned aircraft. Additionally, PCS will repair and maintain the
DJI Phantom 3 Professional and DJI Phantom 3 Advanced by following the manufacturer’s specifications.

W. 14 C.F.R. 91.417: Maintenance records

PCS requests an exemp tion from 14 C.F.R. 91.417 , as it is only applicable for aircraft with
an airworthiness certificate. Because PCS will not have an a irworthiness certificate, this

s ection is inapplicable.

Equivalent level of safety: The requested exemption will provide an e quivalent level of safety to 14.C.F.R. 91.417 because PCS will keep detailed maintenance records on every part as it is replaced, including but not limited to propellers, batteries, and electrical
components.

IX. Conclusion

The operation of PCS Production Co mpany, LLP using sUAS, weighing less than 55 lbs., conducted under the proposed restrictions outlined above, will provide an equivalent level of safety supporting the grant of the exemptions requested herein.

Thank you for taking the time to review our petition. We look forward to your decision.