1



# Federal Aviation Administration Exemption
Petition for Exemption under Section 333

FAA Modernization and Reform Act of 2012

Public 112

- 95 Feb. 14, 2012, Section 333 Submitted by: AtmosFilms

Nic Doucette

Date: 2/ 2 9 /2016

Dear Sir or Madam:

Attached please find AtmosFilm’s request for an exemption from the listed Federal Aviation Regulations to allow commercial operation of its Small Unmanned Aircraft Systems ("UAS") for aerial imaging for safety, monitoring, inspecting and/or recording of se cured and controlled environment construction sites, proposed development sites, events, inspections of property and photography for realty advertisements and marketing productions . This exemption request is exclusively for the use of the UAS ma nufactured by DJI, DJI Phantom 3 Professional and DJI Inspire 1

. Also please find the link s t o the manuals to the DJI Phantom 3 Professional and Inspire 1, which outline the operating requirements, limitations, and technical speci fications for the DJI system s. We hav e reviewed these manual s and in conjunction with the requirements outlined in this document we have found it to be acceptable for UAS operations on our project sites.

Phantom 3: http://www.dji.com/product/phantom

- 3

- pro/info#downloads Inspire 1: http://www.dji.com/product/inspire

- 1/info#downloads

Thank you for your time and consideration, and please let me know if you have any questions.

Sincerely,

Nic Doucette

AtmosFilms

22 

# Table of Contents

Contact Information

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

Intended UAS Use ....................

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

Specific Section of 14 CFR ..................

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

- 12

Intended Equipment for Exemption ......................................

............. .......... .. 13

Aircraft Specifications ................................................................

.... .......... 14

- 15

Aircraft Maintenance ................................................................

. ................... 16

Safety Conce rns ..............................

............................... ............................. 17

Potential Hazards ..............................

............................. ............................. 18

Insurance Policy .............................

.... ........................ . ................................ 19

Privacy Concerns ....................................................

........ ........................ 20

- 21

Operational Conditions ........................

............................. ..... ........ ............... 22

Pilot Qualifications ............................

............................ . .............................. 23

Pre

- Flight Checklist ........................................

........ ......... ............................. 24

Active Flight Ope rations .................

............................ ............ ...................... 25

Exhibit A ...............

............................ .............. ............................................ 2 6

Exhibit B .............

........ ........................... ..................................................... 2 7

Exhibit C

.......................................................... ............................................ 2 8

33 

# Contact Information

Exemption Applicant

AtmosFilms

Nic Doucette
Phone 920

- 220

- 9383 nic@atmosfilms.com

, W2880 Bakertown Road Helenville, WI 53036

4

54 

# Intended UAS Use

To record video and capture pictures of client's homes/proper ties /businesses for

use as marketing materials, property development, property inv estigation and documentation by the use of light weight UASs in the following areas of

commerce :

 Realty

- Selling properties, enhancing advertising campaigns, and increasing production of marketing materials. Evaluating property va lue by documenting assets and deficits especially in hard to access areas as an

alternate to conventional large, heavy, combustible fuel bearing and

manned vehicles are currently used.

 Site development

- Creating high resolution scalable overhead photography of a property would be valuable to engineers, architects, designers and landscape architects in evaluating the best use for developing a property and the potential effects that such development might have. Development of existing properties for remodeling or renovation especially commercial building where equipment is located on the roof would also benefit from HD photos that document the equipment and its location. Currently Google Maps are useful for such endeavors but only with a very low res olution overhead photo of such properties.

 Developers and Construction Companies

- To record and document the overall progress of large developments and to observe and document job site safety.

 Property inspections

- Especially roofing inspections, especia lly tile roofs,

are susceptible to added damage from an investigator walking on the roof

to complete his initial inspection. A UAS could do the work and record the inspection findings without the probability of additional roof damage or personnel injury fr om falls. This service would be valuable to companies like: Roofing contractors, Insurance adjusters, property owners, renters,

etc.

 Landscape maintenance

- To record landscape health and irrigation proficiency on large properties such as farms, condominiu ms, apartment complexes, malls, golf courses or even public parks and recreation areas.

 Photography and Videography

– To film unique angles for events, weddings, nature shots, landscapes, golf courses and organizational marketing needs

.

 There are many oth er areas that a UAS would be a safer, accurate and

less expensive alternative to current commercial services but AtmosFilms

would be specifically interested in the areas mentioned above.

65 

# Specific Section of 14 CFR

Seeking specific exemption from:

Section 333 of the FAA Reform Act and Part 11 of the Federal Aviation Regulations from 14 C.F.R. 45.23(b); 14 CFR Part 21; 14 CFR 61.113 (a) & (b); 91.7 (a); 91.9 (b) (2); 91.103(b); 91.109; 91.119; 91.1 21; 91.151(a); 91.203(a) & (b); 91.405 (a); 91.407(a) (1); 91.409 (a) (2); 91.417 (a) & (b).

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, AtmosFilms

, a film and photography firm, hereby applies for an exemption from the l isted Federal Aviation Regulations ("FARs") to allow commercial operation of its Small Unmanned Aircraft Systems ("UAS") for aerial imaging for safety and monitoring of secured and cont rolled

environment sites, so long as such operations are conducted with in and under the conditions outlined herein or as may be established by the FAA as required by Section 333.

As detailed in this document and the link to Flight Manual, the requested exemption would permit the operation of UAS under controlled conditions i n airspace that is 1) limited 2) predetermined 3) controlled as to access and 4) would provide safety enhancements to the already best practices safet y protocols followed by AtmosFilms at each one of its project sites. Approval of this exemption would thereby enhance safety and fulfill the Secretary of Transportation's (the FAA Administrator's) responsibilities to "...establish requirements for the safe operation of such aircraft systems in the national airspace system." Section 333(c) of the Reform Act

.

The name and address of the applicant is:

AtmosFilms

Nic Doucette

PH: 920

- 220

- 9383 Email: nic@atmos

- films.com

Address: W2880 Bakertown Rd, Helenville WI 531376

Regulations from which the exemption is requested:

14 C.F.R. Part 21 14 C.F.R. 45.23(b) 14 C.F.R. 61.113 (a) & (b) 14 C.F.R. 91.7 (a) 14 C.F.R. 91.9 (b) (2)

14 C.F.R. 91.103

14 C.F.R. 91.109

14 C.F.R. 91.119

14 C.F.R. 91.121 14 C.F.R. 91.151 (a) 14 C.F.R. 91.203 (a) & (b)

7

I. STATUTORY AUTHORITY FOR EXEMPTIONS

The Federal Aviation Act expressly grants the FAA authority to issue exemptions. This statutory authority includes exempting civil aircraft, as the term is defined under §40101 of the Act, including UAS, from the requirement that all civil aircraft must have a current airworthines s certificate. The Administrator may grant an exemption from a requirement of a regulat ion prescribed under

subsection (a) or (b) of this section or any sections 44702

- 44716 of this title if the Admin istrator finds the exemption in the public interest. 49 U.S .C. §44701 (f) See also 49 USC § 44711(a); 49 USC §44704; 14 CFR §91.203(a)(1). Section 333(b) of the Reform Act assists the Secretary in determining whether UAS may

op erate in the National Airspace System (NAS) without creating a hazard to the user, th e public,

or a threat to national security. In making this determination, the Secretary must consider: • The UAS's size, weight, speed, and operational capability; • Whether the UAS operates within the visual line of sight of the operator

• Whether the UAS operates outside of highly populated areas a nd away from close proximity to airports Reform Act §333(a). If the Secretary determines that a UAS "may operate safely in the national airspace system, the Secretary shall establish requirements for the safe op eration of such

aircraft in the national airspace system." Id. §333(c).

AtmosFilm s' UASs are multirotor vehicles, weigh ing 10 or few er lbs. including payload. They operate under normal conditions at a speed of no more than 50 knots and ha ve the capability to hover, and move in the vertical and horizontal plane simultaneously. The UAS will ope rate only in the pilot's visual line of sight at all times and will operat e only within the

recommendations desc ribed in the DJI Flight Manual. Such operations will ins ure that the UAS

will "not create a hazard to users of the national airspace sy stem or the public." Reform Act Section 333 (b).

Given the small size of the UAS involved and the restricted and steril e environment within which they will operate, our application falls squarely within the zone of safety (an equiv alent level of safety) in which Congress envisioned that the FAA must, by exemption, allow commercial
operat ions of UAS to commence immediately.7

Also due to the small size of the UASs and the lo w altitudes and restric ted areas in which our

UAS will operate, approval of the application presents no national security issue. Given the clear direction in Section 333 of the Reform Act, the authority co ntained in the

Federal Aviation Act, as amended; th e strong equivalent level of safety surrounding t he proposed operations, and the significant public benefit, including enhanced safety, the grant of the requested exempti ons is in the public interest. Accordingly, AtmosFilms respectfully requests

t hat the FAA grant the requested exemption without delay.

II. PUBLIC INTEREST

This exemption application is expressly submitted to fulfill Congress' goal in passing Section 333(a) through (c) of the Reform Act. This law directs the Secretary of Transportation to

consider whether certain unmanned aircraft systems may operate safely in the NAS before comple tion of the rulemaking required under Section 332 of the Reform Act. By granting an exemption the FAA wi ll fulfill Congress's intent of allowing UAS to operate wi th significant safety precautions in low risk environments.

The use of UAS can significantly reduce the risk to workers of fall s while inspecting, surveying, or monitoring site progress. UAS can inspect, photograph, and collect data on hard to get to

areas that otherwise would require worker inspection. Falls are the leading source of workplace fatality and injury on construction sites', and reducing falls t hrough UAS use for site imaging

could save workers lives. Additionally, UAS could replace the use of helicopters and small aircra ft to monitor sites. The

UAS we propose to fly in this application are under five pounds, and carry no co mbustible material on board, as opposed to the much larger conventionally powered small aircraft.

S hifting to UAS from heli copters presents a marked safety increase for our workers and the public. 8 Lastly, UAS reduce the environmental impact by dramatically decrea sing the energy used for

aerial imaging and data col lection . Our UAS use recharg eable lithium ion batteries, as opposed to fossil fuels burned in operation of small aircraft that are many hundreds of times heavier.

III. EQUIVALENT LEVEL OF SAFETY

AtmosFilms proposes that the exemption requested herein apply to civil aircraft that have the

characteristics and that operate with the limitations listed herein. These limi tations provide for

at least an equivalent or even higher level of safety to operations under the current r egulatory

structure because the proposed operations represent a safety 1 "Commonly Used Statist ics", Occupational Safety & Health Administration.

Available at: https://www.osha.gov/oshstats/commonstats.html

enhancement to the already safe protocols followed on construction sites and imaging and surveying operations conducted with helicopters and other conventional aircraft.

AtmosFilms will be bound by the following limitations when conduct ing its UAS operations under

an FAA issued exemption:

1. The UAS will be less than 10 pounds.

2. Flights will be operated within visual line of sight of a pilot.

3. Maximum total flight time for each operational flight will be 30 minutes. The UAS calcula tes battery reserve in real time, and will return to its ground station with at least 2 0% battery power reserve should that occur prior to the 30 minute limit.

4. Flights will be operated at an altitude of 200 feet AGL, never exceeding 400 feet AGL.8

5. Crew for each operation will consist of the UAS pilot who will keep th e UAS within his visual

line of sight at all times and a spotter.

6. The UAS pilot will be trained in flight, operations, and safety procedur es as detailed in this

document and as detailed in the DJI Manual.

7. The UAS wil l only operate within a confined area as defined in t his document. This document and the DJI Manual also require the establishment of a Security Perimeter for the flight operations area.

8. A briefing will be conducted in regard to the planned UAS operatio ns prior to each day's production activities. It will be mandatory that all personnel who will be performing duti es within the boundaries of the safety perimeter be present for this briefing.

9. All onsite personnel will consent to the UAS flyover on site by waiver, and the operator will

obtain additional verbal or written consent of all persons who will be allowed within 100 feet of the flight operation.

10. The pilot will have been trained in operation of UAS generally and rec eived up

- to

- date

information on the particular UAS to be operated as required by this document.

11. Written and/or oral permission from the relevant property holders will be obtained.

12. All required permissions and permits will be obtained from ter ritorial, state, county or city jur isdictions, including local law enforcement, fire, or other appropriate governmental agencies.

13. If the UAS loses communications or loses its GPS signal, it will have capabili ty to return to a predetermined location within the Security Perimeter and land.

IV. DESCRIPTION OF SPECIFIC REGULATIONS

14 CFR Part 21, Subpart H: Airworthiness Certificates 14 C.F.R. §91203(a)(1) Subpart H, entitled Airworthiness Certificates, establishes the procedural requirements for the

issuan ce of airworthiness certifica tes as required by FAR §91.203 (a) (1). Given the size and limited operating area associated with the aircraft to b e utilized by AtmosFilms, an exemption

from Part 21 Subpart H meets the requirements of an equivalent level of safety u nder Part 11

and Secti on 333 of the Reform Act. The Federal Aviation Act (49 U.S.C.44701 (f)) and Sec tion

333 of the Reform Act both authorize the FAA to exempt aircraft from the requirement for an airworthiness certificate, upon consideration of the size, weight, speed, operat ional capability, and prox imity to airports and populated areas of the particular UAS. Our small UAS will be operated at low speed in a controlled environment, at least five miles from an airport and more than three miles from any city or densely populated area. 9 An analysis of these criteria demonstrates that the UAS operated without a n airworthiness certificate, in the restricted environment and under the conditions proposed will be at least as safe, or safer, than a conventional aircraft (fixed wing or helicopter) operating with an

airwor thiness certificate without the restrictions and conditions proposed. The UAS to be operated hereunder is less than 10 lbs. fully loaded, carries neither a pilot nor

passenger, carries no explosive materials or flammable liquid fuels, and operates ex clusively

within a secured area as set out in t his document and the DJI manual. Like other civil aircraft, operations under this exemption will be tightly controlled and monitored by the operator, pursuant to thi s document and the DJI Manual's requirements, and under the requirements and in compliance with local public safety requirements, to provide security for the are a of operation

. These safety enhancements, which already apply to civil aircraft operated in connection with

construction sites, provide a greater degree of safety to the public and property owne rs than9

conventional operations conducted with airworthiness certificates issued under 14 C.F.R. Part 21, Subpart H. Lastly, application of these same criteria demonstrat es that there is no credible

threat to nati onal security posed by the UAS, due to its size, speed of operation, location of operation, lack of explosive materials or fl ammable liquid fuels, and ability to carry an external load no greater than two lbs.

14 C.F.R. 45.23(b): Marking of the Aircraft This regulation requires certain experimental, provisionally certificated ai rcraft, or light

- sport category aircraft to be marked with letters between 2 inches and 6 inches high "limited ," "restricted," "light

- sport ," "experimental," or "provisional," near each entrance to a cabin, cockpit, or pilot station. Even though the UAS will have no airworthiness certificate, an exemption may be needed as the

UAS will have no entrance to the cabin, cockpit or pilot station on which the word "Experimental" can be placed. Given the size of the UAS, two

- inch lettering will be impossible. The word "Experimental" will be placed on the fuselage in compliance with §45.29 (f). The equivalent level of safety will be provided by having the UAS mar ked on its fuselage as required by §45.29 (f) where the pilot, observer and others working with the UAS will see the identification of the UAS as "Experimental." The FAA has iss ued the following exemptions to this regulation: Exemptions Nos. 107 00, 8738, 10167 and 10167A. 14 CFR 61.113 (a) & (b): Private pilot privileges and limitations: Pilot in command Sections 61.113 (a) & (b) limit private pilots to non

- commercial operations. Because the UAS will not carry a pilot or passengers, the proposed operations can achieve the equiva lent level of safety of current operations by requiring the pilot operating the aircraft to have completed a UAS flight training course of 10 hours before flying a UAS. Unlike a conventional aircraft that carries the p ilot and passengers, the UAS is remotely controlled with no living thing or cargo on board. The area of operatio n is controlled and restricted, and all flights are planned and

coordinated in advance as set forth in this document. The risks associated with the o peration of

the UAS are so diminished from the level of risk associated with commercial operations contemplated by Part 61 when drafted, that allowing operations of the UAS as requested with a pilot who has met the minimum requirements of this document exc e eds the present level of safety achieved by 14 C.F.R. §61.113 (a) & (b). 14 C.F.R. 91.7 (a): Civil aircraft airworthiness The regulation requires that no person may operate a civil aircraft unless it is i n airworthy

condition. As there will be no airworthiness certificate issued for the aircraft, should th is exemption be granted, no FAA regulatory standard will exist for determining airworthiness.

Given the size of the aircraft and the requirements contained in the DJI Manual for maintenance

and us e of safety checklists prior to each flight, as set forth in this document, an equivalent level of safety will be provided. 14 CFR 91.9 (b)(2): Civil aircraft flight manual, marking, and placard requirements The UAS, given its size and configuration has no ability or place to carry such a flight manual on the aircraft, not only because there is no pilot on board, but because there is no room or capacity to carry such an item on the aircraft. The equivalent level of safety will be maintained by keeping the f lig ht manual at the ground

control point where the pilot flying the UAS will have immediate access to it. The FAA has issued the following exemptions to this regulation: Exe mption Nos. 8607, 8737, 8738, 9299, 9299A, 9565, 9565B, 10167, 10167A, 10602, 32827 , and 10700. 14 C.F.R. 91.103: Preflight Action This regulation requires each pilot in command take certain actions before flight to ensure the safety of flight. An exemption is needed from this requirement as the pilot will t ake separate10

preflight actions

, including checking for weather cond itions, checking flight battery

req uirements, checking takeoff and landing distances, and all other actions in the Preflight

Checklist in th is document and the DJI Manual. These actions will provide an equivalent level of safety. 14 C.F.R. 91.109: Flight Instruction Section 91.103 provides that no person may operate a civil aircraft (except a manned free balloon) that is being used for flight instruction unless that aircraft has f ully functioning dual

controls. By desig n, UAS and remotely piloted aircraft do not have fully functional d ual controls. Flight

control is accomplished through the use of a control box that communicates with the ai rcraft via

radio communications. The FAA has previously approved exemptions for ai rcraf t without fully

functional dual controls. See Exemption Nos.5778K & 9862A. The equivalent level of safety provided by the fact that neither a pilot nor passengers will be carried in the aircraft, the ability

to control the UAS via radio signals from t he controller, and by the size and speed of the

aircraft.

14 C.F. R. 91.119: Minimum Safe Altitudes Section 91.119 establishes safe altitudes for operation of civil aircraft. Sectio n 91.119 (d) allows helicopters to be operated at less than the minimums pr escribed, provided the person operating the helicopter complies with any route or altitudes prescribed for helicopters by t he FAA. This exemption is for a multirotor craft that flies similarly to a helicopter, with vertical take off a nd vertical landing, w hich will typically operate at altitudes of 200 AGL, so an exemption may be

n eeded to allow such operations. The UAS will never operate at altitude higher than 400 AGL

and will be in a restricted area with security perimeter, where buildings and people will not be exposed to operat ions without their pre

- obtained consent. The equivalent level of safety will be achieved given the size, weight, speed of the UAS as well

as the location where it is operated. No flight will be taken without the permission of t he property owner or local officials. Because of the advance notice to the property owner and any

onsi te personnel as outlined in the Manual, all affected individuals will be aware of the planned flight operations . Compared to flight operations with aircra ft or rotorcraft weighting far more

than the maximum 10 lb s. proposed herein and carrying flammable fuel, any risk associated with our operations is far less than those presentl y presented with helicopters and other conventional aircraft operating at or be low 500 AGL i n any of the intended industries . In addition, the low

- altitude operations of the UAS will ensure sepa ration between these small

UAS operations and the operations of conventional aircraft that must comply with Section

91.119.
14 C.F.R. 91.121 : Altimeter Settings This regulation requires each person operating an aircraft to maintain cruis ing altitude by

reference to an altimeter that is set "...to the elevation of the departure airport or an appropri ate altimeter setting available before depart ure." As the UAS may not have a barometric altimeter, but i nstead a GPS altitude read out, an exemption may be needed. An equivalent level of safety will be achieved by the operator, pursuant to the Manual and Safety Check list, confirming the altitude of the launch site shown on the GPS altitude indicator before flight. 14 CFR 91.151 (a): Fuel requirements for flight in VFR conditions Section 91.151 (a) outlines fuel requirements for beginning a flight in VFR conditions. Our UAS

is limited to operations in sterile and controlled environments as outlined in the Manual, and has a limited range and flight time which require an exemption from 14 CFR 91.151(a).11

The battery powering the UAS provides approximately 25 minutes of powere d flight. To meet

the 30 minut e reserve requirement in 14 CFR §91.151, UAS flights would be limited to 0 minutes in length. Given the limitations on the UAS's proposed flight area and the location of its proposed operations within a predetermined area, a longer time frame for flight in daylight or night VFR conditions is reasonable. AtmosFilms believes that an exemption from 14 CFR §91.151(a) falls within the scope of prior exemptions. See Exemption 10673 (allowing Lockheed Martin Corporatio n to operate without compliance with FAR 91.15 1(a)). Operating the small UAS, in a tightly controlled area where only people and property owners or official representatives who have signed waivers will be allowed, wit h less than 30 minutes of reserve fuel, does not engender the type of risks that Sect ion 91.151(a) was intended to alleviate given

the size and speed of the small UAS. Additionally, limiting UAS flights to 10 m inutes would greatly reduce the utility for which the exemption will be granted. An equivalent level of safety can be achieved by l imiting flights to 25 minutes, or enough battery reserve to ensure that the UAS lands at the ground station with at least 20% of battery power (as determined by the onboard monitoring system and the pilot), whichever happens

first. This restriction would be more than adequate to return the UAS to its planned landing zone from anywhere in its limited operating area. Similar exemptions have been granted to other operations, including Exe mptions 2689F, 5745, 10673, and 10808.

14 CFR 91.203 (a) & (b): Carrying civil aircraft certification and registration The regulation provides in part: (a) Except as provided in § 91.715, no person may operate a

civil aircraft unless it has wit hin it the following: (1) An appropriate and current airworthine ss certificate.... (b) No person may operate a civil aircraft unless the airworthiness certificate re quired by paragraph (a) of this section or a special flight authorization issued under §91.715 is displayed

a t the cabin or cockpit entrance so that it is legible to passengers or crew. The UAS fully loaded weighs no more than 10 lbs

. and is operated with out an onboard pilot.

Therefore there is no ability or place to carry certification and registration docu ments or to display them on the UAS. An equivalent level of safety will be achieved by keeping these documents at the ground flight control point where the pilot flying the UAS wil l have immediate access to them to the extent they are applicab le to the UAS. The FAA has issued numerous exemptions to this re gulation. A representative sample of other exceptions includes Exemption Nos. 9565, 9665, 9789, 9789A, 9797, 9797A, 9816A, and 10700. 14 CFR 91.405 (a); 407 (a)(1); 409 (a)(2); 417 (a) & (b): Maintenance inspections These regulations require that an aircra ft operator or owner "shall have that aircraft inspected

as prescribed in subpart E of this part and shall between required ins pections, except as provided in paragraph (c) of this section, have discrepancies repaired as prescribed in p art 43 of this chapt er...," and others shall inspect or maintain the aircraft in compliance with Part 43. Given that these section and Part 43 apply only to aircraft with an a irworthiness certificate,

these sections will not apply to AtmosFilms . Maintenance will be accomp lished by the operator
pursuant to the flight manual and operating handbook as referenced in this Document and the

DJI Manual. An equivalent level of safety will be achieved because these small UASs ar e very limited in size and will carry a small payload a nd operate only in restricted areas for limited period s of time. If mechanical issues arise the UAS can land immediately and will be operating from no higher than 400 feet AGL. As provided in t he DJI Manual, and this document , the operator will ensure that the U AS is in working order prior to initiating flight, perform required maintenance, and keep a log of any maint enance performed. Moreover, the operator is the12

person most familiar with the aircraft and best suited to maintain the aircraft in an airworth y condition to provide the equivalent level of safety.

******* Pursuant to 14 C.F.R. Part 11, the following summary is provided for publi cation in the Federal Register, should it be determined tha t publication is needed: Applicant seeks an exemption from the following rules: 14 C.F.R. §21, subpart H; 14 C.F.R 45.23(b);14 C.F.R. § § 61.113( a) & (b);91.7 (a); 91.9 (b) (2);91.103(b);91.109; 91.119; 91.121; 91.151(a);91.203(a) and (b); 91.405 (a); 91.407 (a) (1); 91.409 (a) (2); 91.409 (a) (2) and 91.417 (a) & (b) to operate commercially a

small unmanned vehicle (551bs or less)

. Approval of exemptions allowing commercial operat ions of UASs in the intended indus tries listed above, enhances safety whi le reducing risk. Manned aircraft monitoring and surveying creates a greater risk because the craft are much larger, have combustible fuel, and carry an onbo ard human pilot. In contrast, a UAS weighing fewer than 10 lbs. and powered by batteries

elimin ates virtually all of that risk given the reduced mass and lack of combustible fuel carried on board. The UAS will carry no passengers or crew and, therefore, will not expose them to t he

risks associated with manned aircraft flights. The operation of small UAS s, weighting less than 10 lbs., con ducted in the strict conditions outlined above, will provide an equivalent level of safety support ing the grant of the exemptions requested herein, including exempting the applicant from the require ments of Part 21 and allowing commercial operations. These lightweight aircraft opera te at slow speeds, close to the ground, and in a controlled environment and, as a result, are far saf er than conventional operations conducted with turbine helicopters operating in close proxi mity to the ground and people.
1313



# Intended Equipment for Exemption

DJI Phantom 3 Professional

DJI Inspire 114



# Aircraft Specifications

Aircraft: DJI Phantom 3 Professional Manufactures Website: http://www.dji.com/

For in

- depth info see http://www.dji.com/product/phantom

- 3

- pro/info#specs15



### Aircraft: DJI Inspire 1 Manufactures Website: http://www.dji.com/

1516 

# Maintenance

To ensure safe operational control a maintenan ce schedule will be followed, a personal tailored maintenance manua l has been created, and quality replacement part will be used. Inspection : Before and after every flight, the quadcopter's operational condition will be inspe cted for damage and deterioration, paying attention to the props for dama ge, cracks or ware and the UASs fuselage for damage . If damage, cra cks or unusual ware is detected the flight will be suspended until proper repairs have been made. Replacement Parts

o DJI (manufacturer) o Reputable After Market Companies

There is no intention in modifying aircraft beyond factory specifications.

1617 

# Safety Concerns

Prop guards: Prop guards such as the DJI manufactures guards listed here http://store.dji.com/product/phantom

- 3

- propeller

- guard will always be in use during commercial flights.

Hazards Spotter : To ensure safety, either the listing agen t, seller, contractor,

owner or another party, will be on site to review and observe hazards before and during the flight.

Population of Intended Areas : To ensure safety, all non

- essential personnel

will be remov ed from the area. There will be no flight over heavily populated areas like stadiums, schools, malls, casinos, and the like during operating hours.

Airports: According FAA rules and to ensure pilot(s) safety, there will no flight in

or around airports unl ess explicit permission is g ranted according to current FAA regulations.

Weather: To ensure safety of spotter, agents, property o wners, pet and wildlife flights will be conducted in optimal weather conditions. Flights will not be

conducted in winds above 15 mph.

Return

- to

- Home Feature: In the event that the DJI Phantom 3 Pro or Inspire

1 loses signal or runs critically low on battery

, the UAS has a GPS control led

return to home feature. The "home" is set upon flight startup.

- Auto Return

- to

- Home & Landin g

- See Pre

- Flight Checklist Exhibit A

Flying in Confined Areas: There is a high probabilit y of flying in confined

spaces, around residential properties. Pilot and spotter will be in constant communication by two way radio, or cell phone, or other approved FAA

communications device when geographically separated during flight to ensure awareness of obstacles, hazards and UAS location.

Line of Site: The UAS will always be within the line of site of the pilot and
spotter. If the UAS cannot be seen the return home failsaf e will be used to regain visual control.

Height : Fights will not exceed 400 ft

. AGL above subject properties at any time.

1718 

# Potential Hazards

The following are potential h azards that may, or may not be, present during flight operations . The Pilot and Spotter will be aware of :

 Other UASs

 Houses, Commercial Buildings, Shops, and Out Buildings

 Power Lines, Low Voltage Lines, High Voltage Lines, Cable Lines

 Trees, Shrubs, and Hedges

 Automobiles and RVs

 Wildlife, both Land and Air

 Rivers, Lakes, Ponds, Sounds, Straits, and Other Bodies of Water

 Unaccounted for People

 Unaccounted for Pets

 Conditions as set forth in the DJI Manual

1819 

# Insurance Coverage

- Commercial UAS insurance coverage will be purchased upon approval

of this document

1920 

# Privacy Concerns

During flight operations privacy concerns are of high priority.

With each commercial flight a sign ed agreement, will be in place. Seller/property owner, contractor, engineer or a uthorized agent will sign a letter

au thorizing the AtmosFilms UAS's use for marketing purposes.

-

Exhibit B

Neighboring parcels or properties: During each flight operation, the UAS pilot will be extremely mindful of neighboring parcels to not film, record, or take pictures of peopl e and p roperty without their written & signed consent.

All neighboring properties wil l be cropped from photos unless authorization to use such photos is granted in writing.

Suburban Homes & Properties

Homes that are within residential ne ighborhoods, it i s easy for the camera's field

of view to record and take pictures of homes and properties that are not

intended to be advertised for sale. As the UAS increases altitude, so does the risk

of inadvertently filming a home or property that hasn't giv en written permission

to do so. Where privacy is a concern images will be cropped to omit neighboring properties.

20 Properties with Acreage Homes and properties with acreage have a higher degree of uncertainty when trying to deter mine lot lines, boundaries, and proximity to neighboring propert ies than a suburban home. Also, people looking to purchase a home with a creage, or a larger lot, have a higher degree of interest on knowing were the approximate lot lines are and an aerial perspective affords th em such

info rmation. The use of an UAS would be the most e ffeminate means to provide

such information.

Homes with View & Waterfront People looking to purchase and/or sel l a home, or a property, with a view, or on waterfront, want to see the home or property from an ae rial perspective and to

be showcased in this f ormat. This is part of property owner profile. In addition,

even thou gh neighboring parcels might be shown in the picture and video, the neighboring propertie s will only be included if is necessary to the subje ct property's marketing materials.21

* All flights will occur over private or cont rolled access property with the property owner's prior consent and kno wledge. Images taken will be of individuals who

have also consented to being filmed or otherwise have agr eed to be in the area where aerial photography will take place. Satisfaction of the criteria provided in Section 333 of the Reform Act of

2012

-- size, weight, speed, operating capabilities, proximity to air ports and populated areas and operation within visu al line of sight and national security

- provide more than adequate justification for the grant of the requested exemptions allowing commercial oper ation of applicant's UAS in the intended

industries listed above pursuant to t he DJI Manual and this document appended

hereto.*

2122 

# Operational Conditions

To capture high resolution images and vi deo operational conditions will be closely monitored because showcasing a property in the best light is and image quality is the utmost client priority. Day Time o Sunny Weather is Highly Preferred

o Little to No Cloud Cover o Zero to Low Wind Speeds o High Visibility Conditions

*No night

- time operations are permitted.

2223 

# Pilot Qualifications

T raining Sessions for a AtmosFilms certified pilot(s).

Current Pilot: Nic Doucette

Pilot's Flight Log; Exhibit C

 The Pilot in command will be familiar with curren t FAA regulations regarding UAS commercial usage.

 The Pilot in command will have at least 50 logged flights

 The Pilot in command will have sufficient eye sight (with or withou t
corrective lenses and without the aid of binoculars) to see and o perate the

UAS at the distances necessary for the purpose of th e flight.

 Pilot will be in good health.

 New Pilots in training will shadow and act as the Pilot in Command Spotter for 3 Months or for a minimum of 20 hours Prior to First Flight Operations

 New Pilots will demonstrate a workable knowledge of the UAS and proficiency in operational control at all times.

 Pilots in training will Watch Online Training Videos.

 Pilots will watch Online Training Videos for Specific Type of Filming Needs

 Pilots will attend Upcoming, and Local, UAS Courses (This is Part of

Pilot's Continuing Education)

 P ilots will at tend Local Courses Hosted by DJI (This is Part of Pilot's Continuing Education)

 Every Pilot Will Follow the Flight Plans and Schedules Set Forth in this Document and current FAA regulations.

2324 

# Pre

- Flight Checklist

Prior to every flight, the pilot will go through a pre

- flight checklist. The checklist will then be filed with every property's file in the event of an audit. Preflight Checklist: SEE Exhibit A25 

# Active Flight Operations

Exercise continuous control of UAS, monitor potential hazards, be aware of changing environments that may present hazards . UAS will always be in view of Pilot and spotter. There will be a strict flight ceiling of 400 ft. AGL. All flight will

be done in a ccordance with current FAA rules and t he conditions set forth in this

document.

2426

Exhibit A 

# Pre

- Flight Checklist

Flight Operation Location: ________________________

Pilot:

_________________________

Date:

_________________________

 Conduct Walk Around of Flight Area

 Identify Potential Hazards with Spotter

 Locate Safe Launch & Landing Area

 Set Spotter (Spotter May Change Location due to Filming Angle) Secure all

Pets

 Request all Non

- Essential Personnel to Remain Behind Pilot

 Unpack All Equipment from Transportation Case

 Inspect UAS for damage, ware and proper fl ight setup according to the DJI manual. If no damage or unusual ware is detect ed proceed to the next step. If damage is detected the flight will be aborted until proper repair s

are completed.

 If the UAS is deemed flight worthy

- Power Up Remote

 Power Up UAS

 Calibrate UAS and ensure strong connection between remote and satellites

 Launch UAS

 Conduct Flight Operations

 Land UAS in Designated Landing Area

 P ower Down UAS

 Power Down Remote

 Inspect UAS for damage and ware

 Put All Equipment Back into Transportation Case

Pilot Signature___________________________________________

2627

Exhibit B

RE: Authorization to Record Video & Photograph Property

I,

______________ , legal seller and/or representative , authorize and give permission to AtmosFilms to record video and p hotograph the property commonly known as:

______________________________________________________ ___ ________

________________________________________ ______ ___________________

________________________________________ _________________________

The recorded video and photography is to be u sed in a manner consistent with

the client ’ s interests, current real estate marke ting strategies and advertising techniques, property development, investigation and observation.

Sincerely,

Signature

______________________ Date

____________

Signature

______________________ Date

____________ 2728

Exhibit C



### UAS Flight log

Pilot: Nic Doucette

Date Length of Flight Location Project

xx/xx/xxxx x hrs, x min sample personal

xx/xx/xxxx x hrs, x min sample personal

xx/xx/xxxx x hrs, x min sample personal

xx/xx/xxxx x hrs, x min sample personal

xx/xx/xxxx x hrs, x min sample personal

xx/xx/xxxx x hrs, x min sample personal

xx/xx/xxxx x hrs, x min sample personal

xx/xx/xxxx x hrs, x min sample personal

xx/xx/xxxx x hrs, x min sample personal