2

seeks Exemption **TABLE OF CONTENTS**  Page GLOSSARY OF ABBREVIATIONS.

................................ ................................ .................. 3 SUMMARY.

................................ ................................ ................................ ......................... 4 IN TRODUCTION AND INTERESTS OF PETITIONER

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

................................ ................................ ................................ .................... 4 BASI S FOR PETITION.

................................ ................................ ................................ ....... 5 NAME AND ADDRESS OF PETITIONER

................................ ............................ 7 THE SPECIFIC SECTIONS OF 14 C.F.R. FROM WHICH UASERVICES SEEKS EXEMPTION.

................................ ................................ ............................. 8 THE EXTENT OF RELIEF UASERVICES SEEKS AND THE REASON UASERVICES SEEKS THE RELIEF..............
................................ ................... 11 THE REASONS WHY GRANTING UASERVICES’ 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, O R ARGUMENTS AVAILABLE TO SUPPORT UASERVICES REQUEST...

................................ . 34 CONCLUSION

................................ ................................ ................................ ................... 35 APPENDICES........................................................................................373

seeks Exemption **GLOSSARY OF ABBREVIATIONS** AGL Above Ground Level AOI Area of Interest ATC Air Traffic Control ATO Air Traffic Organization AV Aerial Vehicle CFR Code of Federal Regulations COA Certificate of Authorization FAA Federal Aviation Administration FAR Federal Aviation Regulation GCS Ground Control Station GPS Global Po sitioning System LO L Lo ss of Link NAS National Airspace System NOTAM Notice to Airman PIC Pilot In Command Section 333 FAA Modernization and Reform Act 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 Takeoff and Landing4

seeks Exemption **SUMMARY** UAServices seeks exemption from the requirements of 14 C.F.R §§ 61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b), to operate an Unmanned Aircraft System pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (FMRA). This exemption will permit UAServices to operate an Unmanned Aircraft System (UAS) for the commercial purpose of conducting aerial video and photography of construction sites, real estate, and landscape over certain areas of the United States.

**INTRODUCTION AND INTERESTS OF THE PETITIONER** UAServices provides its clients with expertise and knowledge in advanced technologies and solutions to increase efficiency, productivity and effectiveness. UAServices is experienced in all aspects of aerial video and photography. The objective of UAService s’ aerial video and photography operations is to provide low cost, high quality imaging for a variety

of commercial and residential customers.

**BACKGROUND** Unmanned Aircraft Systems: DJIPhantom 3 Professional UAS UAServices seeks an exemption to operate DJ I systems for compensation or hire within the NAS. The DJ I Phantom 3 Professional is vertical takeoff and landing (VTOL) Unmanned Aircraft (UA) with a Ground Control Station (GCS) utilizing electronic tablet or smart phone s ystems. The DJ I Phantom 3 Prof essional has a maximum gross weight of approximately

2 pounds 11 ounces, while having a length of 16 inches width of 16 inches, height of 8 inches, and a maximum speed of5

seeks Exemption approximately 29 knots. The DJ I Inspire 1 has a maximum gross weight of 6 pounds 7.5 ounces, a length of 17.3 inches, width of 17.7 inches, height of 11.8 inches, and a maximum speed of approximately 42 knots. The DJIPhantom 3 Professional UA is equipped with four main rotors; driven by Lithium Poly mer battery powered electric motors. The DJ I Phantom 3 Professional UA that will be operated by UAServices 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, UAServices , pursuant to the provisions of the Federal Aviation Regulations (14 C.F.R. § 11.61) and the FAA Modernization and Reform Act of 2012 (FMRA), Section 333, Special Rules for Certain Unmanned Aircraft Systems , hereb y petitions the Administrator to commercially operate the DJ I Phantom 3 Professional UAS in the National Airspace System (NAS), and for an exemption from the requirements of 14 C.F.R §§ 61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b). In consideration of the speed, weight, size, and limited operating area associated with the unmanned aircraft and its operation, UAServices’ operation of DJ I Phantom 3 Professional UAS meets the conditions of FMRA Section 333 and therefore, will not require an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H.6

seeks Exemption Accordingl y, UAServices requests relief from Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b), as these sections set forth requirements for maintenance that only apply to aircraft with an airworthiness certificate. UAServices submits that the requested relief is proper since an equivalent level of safety will be ensured. UAServices will use experienced personnel or technicians to perform maintenance, alterations, or preventive maintenance on the UAS using the methods, techniques, and practices prescribed in the operating documents (i.e., the UAServices Aerial Operations Manual, Monthly Maintenance Lo g, and DJIPhantom 3 Professional Instruction Manual). Furthermore, UAServices will document and maintain all maintenance records for the DJ I Phantom 3 Professional UAS

. Relief from certain requirements of Section 61.113(a) and (b), entitled Private pilot privileges and limitations: Pilot in command, is requested by UAServices to the extent necessary to allow a Pilot in Command (PIC) holding a private pilot or higher level certificate, as well as an airman medical certificate, and who has demonstrated, b y meeting minimum flight

- hour and currency requirements, that the PIC is able to safel y operate the DJ I Phantom 3 Professional UAS in a manner consistent with this ex emption, including evasive and emergency maneuvers and maintaining appropriate distances from people, vessels, vehicles and structures. UAServices seeks relief from Section 91.7(a), entitled Civil aircraft airworthiness , because the DJ I Phantom 3 Professional UAS do es not require an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H. As such, UAServices submits that it will
ensure that the DJ I Phantom 3 Professional7

seeks Exemption UAS are in an airworthy condition, prior to every flight, by determining that the UAS is in compliance with the operating documents (i.e., the UAServices Aerial Operations Manual, Monthly Maintenance Log, and DJ I Phantom 3 Professional Instruction Manual), and that the aircraft are in a condition f or safe flight. UAServices also seeks an exemption from the requirements of Section 91.121, entitled Altimeter Settings , as the DJ I Phantom 3 Professional UA will not have a typical barometric altimeter onboard. However, altitude information of the DJ I Phantom 3 Professional UA will be provided to the PIC via Global Positioning System (GPS) equipment and radio communications telemetry data link, which downlinks from the UA to the GCS for active monitoring of the flight path. This altitude information, combined with UAServices’ operation of the DJ I Phantom 3 Professional UAS within visual line of sight, at or below 4 00 feet AGL, will ensure a level of safety equivalent to Section 91.121. Additionally, UAServices seeks an exemption from the requirements of Section 91.151(b), entitled Fuel requirements for flight in VFR conditions

. UAServices submits that safety will not be affected b y operation of the DJIPhantom 3 Professional UA during daylight hours in visual meteorological conditions (VMC ) under visual flight rules (VFR), with enough battery

power to fl y for a total duration of approximately 13.5 minutes to the first point of intended landing and, assuming normal cruising speed, to fly after that for at least 4.5 minutes.8

seeks Exemption In accordance with 14 C.F.R. § 11.81, UAServices provides the following information in support of its petition for exemption: **A. Name And Address Of Th**  **e Petitioner** The name and address of the Petitioner and point of contact is: Rick A. Hendrickson UAServices 2062 State Hwy

9 Rothsay, MN 56579 Tel: (218)867

- 2592 Email : rhendrickson@rothsay .us **B. The**  **Specific Sections of**  **14 C.F.R. From Which**  **UAServices seeks**  **Exemption 1.**  **UAServices seeks**  **Exemption from the Requirements of**  **Section 61.113(a) a**  **nd (b).** Section 61.113, entitled Private pilot privileges and limitations: Pilot in command, subsections (a) and (b) prescribe the following, in relevant part: (a) No person who holds a private pilot certificate may act as a pilot in command (PIC) of an aircraft that is carrying passengers or property for compensation or hire; nor may

that person, for compensation or hire, act as PIC of an aircraft. (b) A private pilot may, for compensation or hire, act as PIC of an aircraft in connection with any business or emplo ym ent 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. UAServices**  **seeks Exemption**  **from the Requirements of Section**  **91.7(a).** Section 91.7, entitled Civil aircraft airworthiness , subsection (a), states the following: (a) No person may

operate a civil aircraft unless it is in an airworthy condition.9

seeks Exemption **3. UAServices**  **seeks Exemption**  **from the Requirements of Section**  **91.121.** Section 91.121, entitled Altimeter settings, subsection (a), states the following, in part: (a) Each person operating an aircraft shall maintain the cruising altitude or flight level of that aircraft, as the case may be, b y reference to an altimeter that is set, when operating

-- (1) Below 18,000 feet MSL, to
-- (i) The current reported altimeter setting of a station along the route and within 100 nautical miles of the aircraft; (ii) If there is no station within the area prescribed in paragraph (a)(1)(i) of this section, the current reported altimeter setting of an appropriate available station; or (iii) In the case of an aircraft not equipped with a radio, the elevation of the departure airport or an appropriate altimeter setting available before departure. **4. UAServices**  **seeks Exemption**  **from the Requirements of**  **Section 91.151(b).**  Section 91.151, entitled Fuel requirements for flight in VFR conditions , subsection (b), states the following: (b ) No person may begin a flight in a rotorcraft under VFR conditions unless (considering wind and forecast weather conditions) there is enough fuel to fly to the first point of intended landing and, assuming normal cruising speed, to fly after that for at least 20 minutes. **5. UAServices**  **seeks Exemption**  **from the Requirement of Section**  **91.405(a).** Section 91.405, entitled Maintenance required, subsection (a), states the following: Each owner or operator of an aircraft

— (a) Shall have that aircraft inspected as prescribed in subpart E of this part and shall between required inspections, except as provided in paragraph (c) of this section, have discrepancies repaired as prescribed in part 43 of this chapter[.]10

seeks Exemption **6. UAServices**  **seeks Exemption from the Requirements of**  **Section 91.407(a)(1)**  Section 91.407, entitled Operation after maintenance, preventive maintenance, reb uilding, or alteration , subsection (a)(1), states the following: (a) No person may

operate any

aircraft that has undergone maintenance, preventive maintenance, rebuilding, or alteration unless

-- (1) It has been approved for return to service b y a person authorized under § 43.7 of this chapter[.] **7. UAServices**  **seeks Exemption from the Requirements of**  **Sections 91.409(a)(1) And**  **91.409(a)(2).** Section 91.409, entitled Inspections , subsection (a), states the following: (a) Except as provided in paragraph (c) of thi s section, no person may operate an aircraft unless, within the preceding 12 calendar months, it has had

-- (1) An annual inspection in accordance with part 43 of this chapter and has been approved for return to service by a person authorized by § 43.7 of this chapter; or (2) An inspection for the issuance of an airworthiness certificate in accordance with part 21 of this chapter. **8. UAServices**  **seeks Exemption from the Requirements of**  **Sections 91.417(a) And**  **91.417(b).** Section 91.417, entitled Maintenance records , subsections (a) and (b), state the following: (a) Except for work performed in accordance with §§ 91.411 and 91.413, each registered owner or operator shall keep the following records for the periods specified in paragraph (b) of this section: (1) Records of the maintenance, preventive maintenance, and alteration and records of the 100

-hour, annual, progressive, and other required or approved inspections, as appropriate, for each aircraft (including the airframe) and each engine, propeller, rotor, and appliance of an aircraft. The records must include

--11

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

the work performed; and (ii) The date of completion of the work performed; and (iii) The signature, and certificate number of the person approving the aircraft for return to service. (2) Records containing the following information: (i) The total time in service of the airframe, each engine, each propeller, and each rotor. (ii) The current status of life

- limited parts of each airframe, engine, propeller, rotor, and appliance. (iii) The time since last overhaul of all items installed on the aircraft which are required to be overhauled on a specified time basis. (iv) The current inspection status of the aircraft, including the time since the last inspection required by the inspection program under which the aircraft and its appliances are maintained. (v) The current status of applicable airworthiness directives (AD) and safety directives including, for each, the method of complianc e, the AD or safety directive number and revision date. If the AD or safety directive involves recurring action, the time and date when the next action is required. (vi) Copies of the forms prescribed b y § 43.9(d) of this chapter for each major alteration to the airframe and currently installed engines, rotors, propellers, and appliances. (b) The owner or operator shall retain the following records for the periods prescribed: (1) The records specified in paragraph (a)(1) of this section shall be retained until the work is repeated or superseded by other work or for 1 year after the work is performed. (2) The records specified in paragraph (a)(2) of this section shall be retained and transferred with the aircraft at the time the aircraft is sold. (3) A list of defects furnished to a registered owner or operator under § 43.11 of this chapter shall be retained until the defects are repaired and the aircraft is approved for return to service.12

seeks Exemption **C. The Extent**  **of Relief**  **UAServices seeks**  **and The Reason**  **UAServices seeks**  **The Relief.**  **1. Extent**  **of Relief**  **UAServices seeks and**  **The Reason UAServices**  **seeks Relief from**  **Section 61.113(a) and**  **(b).** Relief from Section 61.113(a) and (b) entitled Private pilot privileges and limitations: Pilot in command, is requested to the extent necessary to allow a PIC holding a private pilot or higher level certificate, as well as a current and valid airman medical certificate, and who has met certain flight

-hour and currency requirements, to conduct the proposed UAS flight operations for compensation or hire. This relief is requested since the limitations set forth in Section 61.113(a) and (b) state that a private pilot may, for compensation or hire, act as PIC of an aircraft in connection with any business or employ ment if: (1) The flight is only incidental to that business or employ

ment; and (2) The aircraft does not carry passengers or property for compensation or hire. As set forth more fully below, UAServices submits that an equivalent level of safety will be maintained because no PIC will be allowed to operate the DJ I Phantom 3 Professional UAS or DJ I Inspire 1 UAS unless that PIC has met certain flight

-hour and currency requirements, demonstrating that the PIC is able to safely operate either the DJ I Phantom 3 Professional or DJ I Inspire 1 UAS in a manner consistent with the operations specifications as described in this exemption, including evasive and emergency maneuvers, as well as maintaining appropriate distances from people, vessels, vehic les and structures. Further, UAServices submits that all flights of the DJIPhantom 3 Professional UAS , conducted b y the PIC pursuant to the grant of this13

seeks Exemption Petition: (1) will be incidental to UAServices’ business; and (2) will not carry passengers or property for compensation or hire. **2. Extent**  **of Relief**  **UAServices seeks and**  **The Reason UAServices**  **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 UAServices to determine that the DJ I Phantom 3 Professional UAS is in airworthy

condition prior to every

flight by ensuring that the UAS is in compliance with the operating documents (i.e., the UAServices Operations Manual, Monthly Maintenance Log, and DJ I Phantom 3 Professional Instruction Manual). UAServices seeks the requested relief because the DJ I Phantom 3 Professional UAS do es not require an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H. Therefore, UAServices will ensure that the DJ I Phantom 3 Professional UAS is in airworthy condition based upon its compliance with the operating documents (i.e., the UAServices Operations Manual, Monthly Maintenance Log, and DJ I Phantom 3 Professional Instruction Manual) prior to every flight, and further, determine that the aircraft are in condition for safe flight, as stated in the conditions and limitations below. **3. Extent Of Relief**  **UAServices Seeks And The Reason**  **UAServices Seeks**  **Relief From Section 91.121.**  Relief from Section 91.121, entitled Altimeter settings, may be required to allow flight operations of the DJIPhantom 3 Professional 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 ground control station (GCS). Since the FAA requires that any altitude information concerning UAS operations14

seeks Exemption be reported to air traffic control (ATC) in feet above ground level (AGL), UAServices seeks the requested relief because the DJ I Phantom 3 Professional UA’s altimeter may be set on the ground to zero feet AGL, rather than the local barometric pressure or field altitude, before each flight. Considering the limited altitude of the proposed operations, relief from 14 CFR 91.121 is sought to the extent necessary to comply

with the applicable conditions and limitations stated below. As more fully set forth herein, an equivalent level of safety will be maintained since the DJIPhantom 3 Professional UA is equippe d with a barometric pressure sensor and GPS equipment, which automatically ensures that a ground level pressure setting will be established prior to each flight, and provides the PIC with altitude information of the UA on the heads

-up display of the GCS. **4. Extent Of Relief**  **UAServices Seeks And The Reason**  **UAServices Seeks**  **Relief From Section 91.151(b).**  Relief from Section 91.151(b) entitled Fuel requirements for flight in VFR conditions, is requested to the extent required to allow flights of the battery powered DJ I Phantom 3 Professional UA during daylight hours in visual meteorological conditions (VMC), under visual flight rules (VFR), for a total duration of 13.5 minutes to the first point of intended landing and, assuming normal cruising speed, to fly after that for at least 4.5 minutes. UAServices seeks the requested relief because without an exemption from Section 91.151(b), the flight time duration of the battery powered DJ I Phantom 3 Professional UA will severel y constrain the practicality of any aerial video or still photo flight operations that UAServices proposes to conduct pursuant to this Petition.15

seeks Exemption Significantly, as set forth below, the technical specifications of the DJ I Phantom 3 Professional UAS , the DJI Phantom 3 Professional operating documents, and UAServices’ proposed operating limitations, ensure that UAServices will safely operate the battery powered DJ I Phantom 3 Professional UA during daylight hours in visual meteorological conditions (VMC), under visual flight rules (VFR), with enough battery power to fly for a total duration of 13.5 minutes to the first point of intended landing and, assuming normal cruising speed, to fly after that for at least 4.5 minutes. **5. Extent**  **of Relief**  **UAServices Seeks**  **and the**  **Reason UAServices**  **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 appl y to aircraft with an airworthiness certificate, UAServices requests relief from these Sections because the DJ I Phantom 3 Professional UAS do es not require airworthiness certificates. As set forth more fully below, the DJ I Phantom 3 Professional UAS meet the conditions of FMRA Section 333 for operation without an airworthiness certificate. Accordingl y, UAServices will use trained technicians to perform maintenance, alterations, or preventive maintenance on the UAS using the methods, techniques, and practices prescribed in the UAS operating documents (i.e., the UAServices Aerial Operations Manual, Monthly Maintenance Lo g, and DJIPhantom 3 Professional Instruction Manual). Furthermore, UAServices will document and maintain all maintenance records for the DJ I Phantom 3 Professional UAS

. **D. The Reasons Why Granting**  **UA Services’**  **Request Would Be In The Public**  **Interest; That Is, How It Would Benefit The Public As A Whole.**16

seeks Exemption Granting the present Petition will further the public interest by allowing UAServices to safel y, efficiently, and economically perform aerial video and photography of construction sites, real estate, and landscape over certain areas of the United States. Additionally, use of the DJIPhantom 3 Professional UAS will decrease congestion of the NAS, reduce pollution, and provide significant b enefits to the economy . Notabl y, the benefits of UAServices’ proposed operation of the DJ I Phantom 3 Professional UAS will be realized without implicating any privacy issues. **1. The Public Will Benefit From Decreased Congestion Of The NAS.**  The DJ I Phantom 3 Professional UA is battery powered and serve as a safe, efficient, and economical alternative to the manned aircraft traditionally utilized to obtain aerial imagery . By

reducing the amount of manned aircraft needed to perform aerial acquisitions, an exemption allowing the use of a DJIPhantom 3 Professional or DJ I Inspire 1 UAS would reduce the amount of manned aircraft in the NAS, reduce noise and air pollution, as well as increase the safety of life and property in the air and on the ground. Furthermore, b y reducing the number of manned aircraft operating in the NAS, congestion around airports caused by arriving and departing aircraft will be reduced. The DJIPhantom 3 Professional UA does not require an airport to takeoff or land. Likewise, a reduction of manned aircraft conducting aerial video and photography missions would result in fewer aircraft that must be handled by air traffic control during the ground, takeoff, departure, arrival, and landing phases of flight operations. **2. The Public Will Benefit From The Safety And Efficiency Of The**  **DJI Phantom 3**  **Professional UAS**  **.**17

seeks Exemption Conducting aerial acquisitions with the DJIPhantom 3 Professional UAS , instead of manned aircraft, will greatl y benefit the public by drastically reducing the levels of air and noise pollution generated during traditional aerial video and still photography flight operations. By

using battery

power and electric motors, the DJ I Phantom 3 Professional UAS produce s no air pollution, and is the most viable environmentally conscious alternative to the cabin class, six cylinder internal combustion engine aircraft that are typically utilized for aerial video and photography, while burning approximately 20

- 30 gallons per hour of leaded aviation fuel. The DJ I Phantom 3 Professional UA , while reducing the carbon footprint ofaerial acquisitions, also eliminates noise pollution, as the UA is propelled by battery powered electric motors, rather than an internal combustion engine. By using the DJ I Phantom 3 Professional UAS to perform aerial acquisitions, the substantial risk to life and property in the air and on the ground, which is usually associated with traditional manned aircraft flight operations, will be substantially reduced or completely eliminated. Aside from the lack of flight crew members located onboard the aircraft, the DJ I Phantom 3 Professional UA (weighing approximately 2 pounds 11
ounces at its maximum gross weight with a length of 16 inches , width of 16 inche s and with no fuel on board), has less physical potential for collateral damage to life and property on the ground, and in the air, compared to the manned aircraft that ty picall y conduct similar operations (weighing approximately 6,000 pounds with a wingspan of approximately

42 feet, a length of 34 feet, and a fuel capacity of 180 gallons).18

seeks Exemption **3. Performing Aerial Video and Photography Operations With The**  **DJI Phantom 3**  **Professional UAS Will Benefit The**  **Economy.** In addition to being safe and efficient, the DJ I Phantom 3 Professional UAS is also an economical alternative to using manned aircraft to conduct similar aerial operations. As such, operation of the DJIPhantom 3 Professional UAS will allow United States b ased companies, like UAServices , to remain competitive and contribute to growth of the U.S.
economy. Specifically, with the rising cost of aviation fuel and the Environmental Protection Agency

(“EPA”) regulatory actions phasing out leaded aviation fuels, U .S. owned and operated companies must adopt new and alternative technology

in order to remain competitive. Operating the battery powered DJ I Phantom 3 Professional UAS is one such technology that not onl y allows companies greater operational flexibility c ompared to manned aircraft, but provides such flexibility without the high operational cost of a traditional manned aircraft. By operating the DJ I Phantom 3 Professional UAS , companies such as UAServices , can remain competitive and profitable, and therefore, provide greater job stability to employees and contractors, which will ultimately contribute to growth of the U.S. economy . Improved financial performance of U.S. companies, through commercial use of the DJ I Phantom 3 Professional UAS , provides a stable workforce that increases consumer spending; improves local, state, and federal tax revenues; and allows companies to invest in research and development in order to remain competitive both in the United States and abroad. **4. There Are No Privacy Issues.**  Similar to the manned aerial acquisition flight operations that have been conducted for decades, UAServices’ proposed operation of the DJIPhantom 3 Professional19

seeks Exemption UAS will not implicate any privacy issues. Specifically, the DJ I Phantom 3 Professional UAS will be operated only in compliance with operating documents (i.e., the UAServices Aerial Operations Manual, Monthly Maintenance Log, and DJ I Phantom 3 Professional Instruction Manual) which requires property owner involvement as well as local law enforcement notification, and in accordance with the Federal Aviation Regulations, including the minimum altitude requirements of 14 C.F.R. § 91.119. **E. The Reasons Why Granting The Exemption Would Not Adversely Affect Safety,**  **Or How The Exemption W ould Provide A Level Of Safety At Least Equal To That**  **Provided By The Rule From Which UAServices**  **Seeks Exemption.**  **1. Reasons Why The**  **DJI Phantom 3 Professional UA**  **Meets The Conditions**  **Of The FAA Modernization and Reform Act of 2012 (FMRA)**  **Section 333.** In consideration of the size, weight, speed, and limited operating area associated with the unmanned aircraft and its operation, UAServices’ operation ofthe DJIPhantom 3 Professional UAS meet the conditions of FMRA Section 333, and will not require an
airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H. Section 333 provides authority for a UAS to operate without airworthiness certification and sets forth requirements for considering whether a UAS will create a hazard to users of the NAS or the public, or otherwise pose a threat to national security. Specifically, FMRA Section 333 states the following, in part: (a) In General.

--Notwithstanding any other requirement of this subtitle, and not later than 180 days after the date of enactment of this Act, the Secretary of Transportation shall determine if certain unmanned aircraft systems may operate safely in the national airspace system before completion of theplan and rulemaking required by section 332 of this Act or the guidance required b y section 334 of this Act.20

seeks Exemption (b) Assessment of Unmanned Aircraft Systems.

--In making the determination under subsection (a), the Secretary shall determine, at a minimum

-- (1) which types of unmanned aircraft systems, if any, as a result of their size, weight, speed, operational capability, proximity to airports and populated areas, and operation within visual line of sight do not create a hazard to users of the national airspace system or the public or pose a threat to national security; and (2) ) whether a certificate of waiver, certificate of authorization, or airworthiness certification under section 44704 of title 49, United States Code, is required for the operation of unmanned aircraft systems identified under paragraph (1 ). (c) Requirements for Safe Operation.

--If the Secretary determines under this section that certain unmanned aircraft systems may operate safely in the national airspace system, the Secretary shall establish requirements for the safe operation of such aircraft systems in the national airspace system. In seeking this exemption, UAServices submits that the DJ I Phantom 3 Professional UAS can operate safely in the NAS pursuant to FMRA Section 333, as demonstrated b y: (a) the characteristics of the DJ I Phantom 3 Professional UAS ; (b) the pilot certification requirement; and (c) the specific operating limitations.

**a. The Specifications Of The**  **DJI Phantom 3 Professional UAS**  **Demonstrate s**  **Its Safe Characteristics.**  The DJ I Phantom 3 Professional UAS do es not create a hazard to users of the NAS or the public, or otherwise pose a threat to national security considering its size , weight, speed, and operational capability

.

**i. Technical Specifications**  **of the**  **DJI Phantom 3 Professional**  **UAS .**  The technical specifications of the DJ I Phantom 3 Professional UAS is set forth by the DJ I Phantom 3 Professional Specifications and Data Sheet, attached hereto as Exhibit A and B.21

seeks Exemption **ii. The**  **DJI Phantom 3 Professional UAS**  **Autonomous Flight And** 

**Navigation Modes Enable The UAS**  **To Remain Within A Defined Operational**  **Area.** The DJ I Phantom 3 Professional UAS may be operated in both manual and fully autonomous flight modes. A complete description of the flight and navigational modes of the DJ I Phantom 3 Professional UAS is provided at pages 25

- 35 of the DJ I Phantom 3 Professional and pages 12

- 16 and 45

- 50 of the DJI Inspire 1 User Manuals, attached hereto as Exhibit C and D.

**iii. The**  **DJI Phantom**  **3 Professional**  **UAS Is**  **Designed For**  **Automatic Return**  **To Home**  **Point Or**  **Hover In**  **The Event**  **Of Loss**  **Of The**  **Control Link Or Navigation.** When the Control Link is lost, the DJIPhantom 3 Professional UA will remain stationary, in flight, for 3 seconds or more. If, after 3 seconds, the DJ I Phantom 3 Professional UA does not reacquire control link data from the GCS, the UA will assume that the Control Link is lost and the UA will return to the home position (i.e., failsafe mode) via GPS, and will descend to the takeoff position and shutdown. A complete description of the Failsafe Functions of the DJ I Phantom 3 Professional UAS are set forth at pages 27 through 29 and for the DJ I Inspire 1 at pages 13 through 15 of the DJ I Phantom 3 Professional User Manuals, attached hereto as Exhibit C and D. **iv. The**  **DJI Phantom 3 Professional GCS**  **and Its**  **Operation.** A complete description of the operation and specifications of the DJ I Phantom 3 Professional GCS and flight control software is provided at pages 32 through 43 of the DJ I Phantom 3 Professional User Manual and pages 40 through 47 of the DJ I Inspire22

seeks Exemption 1 User Manual. DJ I Phantom 3 Professional User Manuals are attached hereto as Exhibits C and D. **b. Flight Operations**  **of DJI Phantom 3**  **Professional UAS**  **Are Limited to** 

**the Line Of Sight**  **of a**  **Certificated Pilot in Command**  **with a**  **Safety Observer.**  UAServices will onl y utilize certificated pilots who possess a current and valid airman medical certificate or a valid U.S. driver’s license issued by a state to act as a pilot in command (PIC) of the DJIPhantom 3 Professional UA S . Additionally, a safety observer will assist all pilots during flight time.

**c. Flights Of**  **DJI Phantom 3 Professional UAS**  **Will Be Conducted**  **Pursuant To Specific Operating Limitations.** In seeking this exemption, UAServices proposes to commercially operate DJI Phantom 3 Professional UAS for the special purpose of conducting aerial video and photography over certain areas of United States, pursuant to the following specific operating limitations: 1. Operations authorized b y this grant of exemption will be limite d to the following aircraft described in the operating documents, rotorcraft UAS weighing less than 55 pounds maximum gross weight: DJ I Phantom 3 Professional Unmanned Aircraft Systems. Proposed operations of any other aircraft will require a new petition or a petition to amend this grant. 2. UAS operations under this exemption will be limited to conducting operations for the purpose of aerial video and photography. 3. The UA may

not be flown at an indicated airspeed exceeding 20 knots. 4. The UA must be operated at an altitude of no more than 4 00 feet above ground level (AGL), as indicated by the procedures specified in the operating documents unless a special request is made and approved by ATC. All altitudes reported to ATC must be in feet AGL. 5. The UA 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.23

seeks Exemption 6. The use of first person view (FPV) b y the PIC or safety observer (SO) is not permitted. 7. All operations must utilize a safety observer (SO). The SO may be used to satisfy the VLOS requirement as long as the PIC always maintains VLOS capability

. The SO and PIC must be able to communicate verbally at all times. Electronic messaging or texting is not permitted during flight operations. The PIC must be designated before the flight and cannot transfer his or her designation for the duration of the flight. The PIC must ensure that the SO can perform the functions prescribed in the operating documents. 8. The SO must not perform any other duties beyond assisting the PIC with seeing and avoiding other air traffic and other ground based obstacles/obstructions and is not permitted to operate the camera or other instruments. 9. The operating documents and the grant of exemption must be accessible during UAS operations and made available to the Administrator upon request. Ifa discrepancy

exists between the conditions and limitations contained in the grant of exemption and the procedures outlined in the operating documents, the conditions and limitations contained in the grant of exemption take precedence and must be followed. Otherwise, the operator must follow the procedures as outlined in its operating documents. The operator may update or revise its operating documents. It is the operator’s responsibility to track such revisions and present updated and revised documents to the Administrator upon request. The operator must also present updated and revised documents if it petitions for extension or amendment to the grant of exemption. If the operator determines that any update or revision would affect the basis upon which the FAA granted the exemption, then the operator must petition for amendment to its grant of exemption. The FAA’s UAS Integration Office (AFS

- 80) may be contacted if questions arise regarding updates or revisions to the operating documents. 10. Prior to each flight the PIC must inspect the UAS to ensure that it is in a condition for safe flight. If the inspection reveals a condition that affects the safe operation of the UAS, the aircraft is prohibited from operating until the necessary maintenance has been performed and the UAS is found to be in a condition for safe flight. The Ground Control Station must be included in the preflight inspection. All maintenance and alterations must be properly documented in the aircraft records. 11. Any UAS that has undergone maintenance or alterations that affect the UAS operation or flight characteristics, e.g. replacement of a flight critical component, must undergo a functional test flight. The PIC who conducts the functional test flight must make an entry in the aircraft records. 12. The pre - flight inspection must account for all potential discrepancies, e.g. inoperable components, items, or equipment, not already covered in the relevant sections of the operating documents.24

seeks Exemption 13. The operator must follow the UAS manufacturer’s aircraft/component, maintenance, overhaul, replacement, inspection, and life limit requirements. 14. The operator must carry out its maintenance, inspections, and record keeping requirements, in accordance with the operating documents. Maintenance, inspection, alterations, and status of replacement/overhaul component parts must be noted in the aircraft records, including total time in service, description of work accomplished, and the signature of the authorized person returning the UAS to service. 15. Each UAS operated under this exemption must comply with all manufacturer Safety Bulletins. 16. The authorized person must make an entry in the aircraft record of the corrective action taken against discrepancies discovered between inspections. 17. The PIC must hold either an Airline Transport, Commercial, Private, Recreational, or Sport Pilot certificate

. The PIC must also hold a current FAA airman medical certificate or a valid U.S. driver’ s license issued b y a state. 18. The operator may

not permit any

PIC to operate unless the PIC meets the operator’s qualification criteria and demonstrates the ability to safel y operate the UAS in a manner consistent with how the UAS will be operated under the exemption, including evasive and emergency maneuvers and maintaining appropriate distances from persons, vessels, vehicles and structures. PIC qualification flight hours must be logged in a manner consistent with 14 C.F.R. § 61.51(b). Flights for the purposes of training the operator’s PICs are permitted under the terms of the exemption. However, training operations may only be conducted during dedicated training sessions. During training, proficiency, and experience

-building flights, all persons not essential for flight operations are considered nonparticipants, and the PIC must operate the UA with appropriate distance from nonparticipants in accordance with 14 C.F.R. § 91.119. 19. UAS operations may

not be conducted during night, as defined in 14 C.F.R. § 19.1. All operations must be conducted under visual meteorological conditions (VMC). If flight at night is required, a special request will be made at the FAA office closest to proposed area of operations. Flights under special visual flight rules (SVFR) are not authorized. 20. The UA may

not operate within 5 nautical miles of an airport reference point as denoted on a current FAA

-published aeronautical chart unless a letter of agreement with that airport’s management is obtained, and the operation is conducted in accordance with a NOTAM as required by the operator’s COA. The letter of agreement with the airport management must be made available to the Administrator upon request.25

seeks Exemption 21. The UA may

not be operated less than 500 feet below or less than 2,000 feet horizontally

from a cloud or when visibility is less than 3 statute mi les from the PIC. 22. If the UA loses communications or loses its GPS signal, it must return to a pre determined location within the planned operating area and land or be recovered in accordance with the operating documents. 23. The PIC must abort the flight in the event of unpredicted obstacles or emergencies in accordance with the operating documents. 24. The PIC is prohibited from beginning a flight unless (considering wind and forecast weather conditions) there is enough power to fly at normal cruising speed to the intended landing point and land the UA with 25% battery power remaining. 25. The operator must obtain an Air Traffic Organization (ATO) issued Certificate of Waiver or Authorization (COA) prior to conducting any operations under the grant of exemption. This COA will also require the operator to request a Notice to Airman (NOTAM) not more than 72 hours in advance, but not less than 48 hours prior to the operation. All operations shall be conducted in accordance with airspace requirements in the ATO issued COA including class of airspace, altitude level and potential transponder requirements. 26. All aircraft operated in accordance with the exemption must be identified by serial number, registered in accordance with 14 C.F.R. part 47, and have identification (N

- Number) markings in accordance with 14 C.F.R. part 45, Subpart C. Markings must be as large as practicable. 27. Before conducting operations, the radio frequency spectrum used for operation and control of the UA must comply with the Federal Communications Commission (FCC) or other appropriate government oversight agency requirements. 28. The documents required fewer than 14 C.F.R. 91.9 and 91.203 must be available to the PIC at the Ground Control Station of the UAS any time the UAS is operating. These documents must be made available to the Administrator or any law enforcement official upon request. 29. The UA must remain clear and yi eld the right of way to all manned aviation operations and activities at all times. 30. The UAS may

not be operated b y the PIC from any moving device or vehicle. 31. Flight operations must be conducted at least 500 feet from all nonparticipating persons (persons other than the PIC, SO, operator trainees or essential persons), vessels, vehicles, and structures unless:26

seeks Exemption a. Barriers or structures are present that sufficiently protect nonparticipating persons from the UA and/or debris in the event of an accident. The operator must ensure that nonparticipating persons remain under such protection. If a situation arises where nonparticipating persons leave such protection and are within 500 feet of the UA, flight operations must cease immediately and/or; b. The aircraft is operated near vessels, vehicles or structures where the owner/controller of such vessels, vehicles or structures has granted permission and the PIC has made a safety assessment of the risk of operating closer to those objects and determined that it does not present an undue hazard, and;
c. Operations nearer to the PIC, SO, operator trainees or essential pers ons do not present an undue hazard to those persons per § 91.119(a). 32. All operations shall be conducted over private or controlled

- access property with permission from the land owner/controller or authorized representative. Permission from land owner/controller or authorized representative will be obtained for each flight to be conducted. 33. Any incident, accident, or flight operation that transgresses the lateral or vertical boundaries of the operational area as defined by the applicable COA must be reported to the FAA's UAS Integration Office (AFS

- 80) within 24 hours. Accidents must be reported to the National Transportation Safety Board (NTSB) per instructions contained on the NTSB Web site: www.ntsb.gov

. **2. Reasons Why An Exemption From The Requirements Of Section 61.113(a)**  **And (b) Would Not Adversely Affect Safety.**  UAServices 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 DJ I Phantom 3 Professional UAS unless that PIC has demonstrated, by meeting minimum flight

-hour and currency

requirements, that the PIC is able to safel y operate the DJ I Phantom 3 Professional or DJ I Inspire 1 UAS in a manner consistent with the exemption, including evasive and emergency maneuvers and maintaining appropriate distances from people, vessels, vehicles and structures. Considering UAServices’ proposed area of operations, and the operating limitations set forth

- above; the parallel nature of private pilot aeronautical27

seeks Exemption knowledge requirements to those of commercial pilot requirements (See Exemption No. 11062); and the airmanship skills necessary to safely operate the DJ I Phantom 3 Professional or DJ I Inspire 1 UA S, UAServices submits that the additional manned airmanship experience of a commercially certificated pilot would not correlate to the airmanship skills necessary for UAServices’ specific proposed flight operations. The FAA has previously

granted relief from Section 61.113(a) and (b) specific to UAS, in circumstances similar, in all material respects, to those presented herein (e.g. Exemption Nos. 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110, 11112, 11136, 11138, 11150, 11153, 11156, 111 58, 11159, 11160, 11161). UAServices will not allow any PIC to operate the DJIPhantom 3 Professional or DJIInspire 1 UAS unless that PIC has demonstrated, by meeting minimum flight

-hour requirements or the DJ I Phantom 3 Professional or DJ I Inspire 1 UAS training and currency requirements, that the PIC is able to safely operate the DJ I Phantom 3 Professional or DJ I Inspire 1 UAS in a manner consistent with this exemption, including evasive and emergency

maneuvers and maintaining appropriate distances from people, vessels, vehicles and structures. Specifically, the PIC must have accumulated and logged, in a manner consistent with 14 C.F.R. § 61.51(b), 25 hours of total time as a UAS rotorcraft pilot (with a minimum of 5 hours of those hours as a UAS pilot operating the same make and model of UAS to be used for operations under the exemption). In addition to the hour requirements, the PIC must accomplish 3 takeoffs and landings in the preceding 90 days (for currency purposes).28

seeks Exemption As in Exemption Nos. 11062, 11138, and 11153, prior documented flight experience that was obtained in compliance with applicable regulations will ensure an equivalent level of safety during UAServices’ proposed operations. The Administrator has held that prior documented flight experience that was obtained in compliance with applicable regulations would ensure safe operations, stating as follows: In Exemption No. 11062, the FAA required that prior to conducting operations for the purpose of motion picture filming (or simil ar 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 operating the same make and model of UAS to be used for operations under the exemption. For clarification, the FAA considers these minimum hour requirements to be inclusive rather than additive; i.e. 5 hours make and model time may be included in the 10 hours of multi

-rotor time and the 10 hours may be included in the total 25 hours of UAS rotorcraft time. In addition to the hour requirements, the PIC must accomplish 3 takeoffs and landings in the preceding 90 days (for currency purposes). The FAA finds that at a minimum, the flight

-hour requirements in Exemption No. 11062 are appropriate to practice and build proficiency

in the skills necessary

to safel y c onduct the petitioner’s proposed operations. The FAA also finds that prior documented flight experience that was obtained in compliance with applicable regulations would satisfy this requirement. Training, proficiency, and experience

-building flights can also be conducted under the grant of exemption to accomplish the required flight time. During training, proficiency, and experience

-building flights the PIC is required to operate the UA with appropriate distances in accordance with 14 C.F.R 91.119. Exemption No. 11138 at page 15. Accordingl y, UAServices will ensure safe operations by not allowing any PIC to operate the DJ I Phantom 3 Professional or DJ I Inspire 1 UAS unless that PIC has demonstrated, b y meeting minimum flight

-hour and currency requirements, that the PIC is able to safely operate the DJIPhantom 3 Professional or DJ I Inspire 1 UAS in a manner consistent with the exemption, including evasive and emergency maneuvers and maintaining appropriate distances from people, vessels, vehicl es and structures.29

seeks Exemption **3. Reasons Why**  **an Exemption**  **from the**  **Requirements of**  **Section 91.7(a) Would Not Adversely Affect Safety.**  The equivalent level of safety established by Section 91.7(a) will be maintained because prior to every

flight, UAServices will ensure that the DJ I Phantom 3 Professional
or DJ I Inspire 1 UAS is in an airworthy condition based upon the UAS’s compliance with its operating documents and as stated in the conditions and limitations herein. Additionally, the FAA has previously granted relief from Section 91.7(a) specific to UAS, in circumstances similar, in all material respects, to those presented herein (e.g. Exemption Nos. 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110, 11112, 11136, 11138, 11150, 11153, 11156, 11157, 11158, 11159, 11160, 11161). **4. Reasons Why**  **an Exemption**  **from the**  **Requirements of**  **Section 91.121 Would Not Adversely Affect Safety.**  The equivalent level of safety established b y Section 91.121 will be maintained because the altitude information of the DJ I Phantom 3 Professional UA will be provided to the PIC via GPS equipment and a radio communications telemetry data link, which downlinks from the UA to the GCS for active monitoring of the flight path and altitude. This altitude information, combined with UAServices’ operation of the DJ I Phantom 3 Professional UA within visual line of sight, at or below 500 feet AGL, will ensure a level of safety equivalent to Section 91.121. The altitude information will b e generated b y GPS equipment installed onboard the aircraft. Prior to each flight, a zero altitude initiation point is automatically

established by

the UAS at ground level. The FAA has previously

granted relief from Section 91.121 specific to UAS, in circumstances similar, in all material respects, to those presented herein (e.g. Exemption30

seeks Exemption Nos. 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11112, 11136, 11138, 11150, 11153, 11156, 11157, 11158, 11159, 11160, 11161). **5. Reasons Why**  **an Exemption**  **from the**  **Requirements of**  **Section 91.151(b) Would Not Adversely Affect**  **Safety.** A grant of this exemption would ensure an equivalent level of safety established by 14 C.F.R. Section 91.151(b) as a result of (1) the technical specifications of the DJ I Phantom 3 Professional UAS ; (2) the limitations on the proposed flight operations; and (3) the location of the proposed flight operations. Accordingl y, UAServices will ensure that it will safely

operate the battery

powered DJ I Phantom 3 Professional UA during daylight hours in VFR conditions, with enough battery power to fl y for a total duration of 13.5 minutes to the first point of intended landing and, assuming normal cruising speed, to fly after that for at least 4.5 minutes. Here, as in Exemption No. 11109, the technical specifications of the DJ I Phantom 3 Professional UAS ; the limitations on the proposed flight operations; and the location of the proposed operations, will ensure an equivalent level of safety established by

14 C.F.R. Section 91.151(b). Furthermore, safety will be ensured as the DJ I Phantom 3 Professional UAS provide s audible and visual warnings to the PIC at the GCS when the UA experiences low battery voltage, the first warning occurring at approximately

33% remaining battery

power, and again at approximately 10% remaining battery power. At the critically

low battery level, the DJ I Phantom 3 Professional UAS will descend and land automatically

. Significantly, previous exemptions granted by the FAA concerning Section 91.151 establish that safety is not adversely affected when the technical characteristics and operating limitations of the UAS are considered. Relief has been granted for manned31

seeks Exemption aircraft to operate at less than the minimums prescribed in Section 91.151, including Exemption Nos. 2689, 5745, and 10650. Moreover, the FAA has previously granted relief from Section 91.151 specific to UAS, in circumstances similar, in all material respects, to those presented herein (e.g. Exemption Nos. 8811, 10808, 10673, 11042, 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110, 11136, 11138, 11150, 11153, 11156, 11157, 11158, 11159, 11160, 11161). **6. Reasons Why An Exemption From The Requirements Of Sections**  **91.405(a), 91.407(a)(1), 91. 409(a)(1) & (a)(2), And 91.417(a) & (b)**  **Would Not Adversely Affect Safety.**  In seeking this exemption, UAServices submits that the equivalent level of safety with regard to the regulatory maintenance and alteration requirements established by

Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b) will be met because UAServices will use trained technicians to perform maintenance, alterations, or preventive maintenance on the UAS using the methods, techniques, and practices prescribe d in the operating documents (i.e., the UAServices Operations Manual, Monthly Maintenance Log, and DJ I Phantom 3 Professional Instruction Manual). Furthermore, UAServices will document and maintain all maintenance records for the DJ I Phantom 3 Professional UAS

. Since the DJ I Phantom 3 Professional UAS will be inspected as prescribed by the operating documents, UAServices will maintain the equivalent level of safety established by Sections 91.405(a), 91.409(a)(1), and 91.409(a)(2). A cop y of the DJ I Phantom 3 Professional User Manuals are attached hereto as Exhibit C and D; a cop y of the DJIPhantom 3 Professional UAS Maintenance LOG is attached hereto as Exhibit E.32

seeks Exemption Likewise, the exemption sought will not adversel y affect safety because UAServices will use trained technicians to perform maintenance, alterations or preventive maintenance on the UAS using the methods, techniques, and practices prescribed b y the operating documents. Furthermore, the exemption sought would maintain an equivalent level of safety established by

Sections 91.407, 91.417(a) and 91.417(b), because all maintenance of the DJIPhantom 3 Professional UAS will be performed by trained technicians. Maintenance will be documented and maintained utilizing the monthly maintenance log. Significantly, previous exemptions granted b y the FAA concerning Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b) establish that safety is not adversely affected when the technic al characteristics and operating limitations of the UAS are considered. In consideration of UAServices’ proposed operating limitations, the operating documents, and the technical aspects of the DJ I Phantom 3 Professional UAS , UAServices submits that safety will not be adversely affected by granting exemption from 14 C.F.R. Sections 91.405(a), 91.407(a)(1) and (a)(2), 91.409(a)(2), and 91.417(a) and (b). The FAA has previously

granted relief specific to UAS in circumstances similar, in all material respects, to those presented herein (e.g. Exemption Nos. 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110, 11112, 11136, 11138, 11150, 11153, 11156, 11157, 11158, 11159, 11160, 11161). **7. The FAA May Prescribe Any Other Conditions For Safe**  **Operati on.**  In accordance with Section 333 of the FAA Modernization and Reform Act of 2012 (FMRA) and 14 C.F.R. § 21.16 entitled Special Conditions, UAServices33

seeks Exemption requests that the FAA prescribe special conditions for the intended operation of the DJ I Phantom 3 Professional UAS , which contain such safety standards that the Administrator finds necessary to establish a level of safety equivalent to that established by 14 C.F.R. Part 21, Subpart H, and 14 C.F.R §§ 61.113(a) & (b), 91.7 (a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b). Such special conditions will permit safe operation of the UA for the limited purpose of conducting aerial video and photography over certain areas of the United States for
compensation or hire. FMRA Section 333 sets forth the requirements for considering whether a UAS will create a hazard to users of the NAS or the public, or otherwise pose a threat to national security; and further, provides the authority for such UAS to operate without airworthiness certification in accordance with any requirements that must be established for the safe operation of the UAS in the NAS. Likewise, the Administrator may prescribe special conditions pursuant to 14 C.F.R. § 21.16, for operation of the DJ I Phantom 3 Professional UAS , since the airworthiness regulations of 14 C.F.R. Part 21 do not contain adequate or appropriate safety standards, due to the novel or unusual design features of the aircraft. Section 21.16, entitled Special Conditions, states the following: If the FAA finds that the airworthiness regulations of this subchapter do not contain adequate or appropriate safety standards for an aircraft, aircraft engine, or propeller because of a novel or unusual desi gn feature of the aircraft, aircraft engine or propeller, he prescribes special conditions and amendments thereto for the product. The special conditions are issued in accordance with Part 11 of this chapter and contain such safety

standards for the aircraft, aircraft engine or propeller as the FAA finds necessary

to establish a level of safety equivalent to that established in the regulations. See 14 C.F.R. § 21.16.34

seeks Exemption Therefore, in accordance with FMRA Section 333 and 14 C.F.R. § 21.16, the FAA may prescribe special conditions for Leading Edge’s intended operation of the DJ I Phantom 3 Professional UAS , which contain such safety standards that the Administrator finds necessary to establish a level of safety equivalent to that established by 14 C.F.R. Part 21, Subpart H, and 14 C.F.R Sections 61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b). **F. A Summary That Can Be Published**  **in the Federal Register, stating: The**  **Rules from**  **Which UAServices**  **Seeks Exemption:**  UAServices seeks exemption from the requirements of 14 C.F.R Sections 61.113(a)&(b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a )(2), and 91.417(a) & (b). **A Brief Description Of The Nature Of The Exemption**  **UAServices Seeks:**  This exemption will permit UAServices to commercially operate an Unmanned Aircraft System (UAS) 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 UAServices’**  **Request.** This Petition is made pursuant to the FAA Modernization and Reform Act of 2012 (FMRA) Section 333, which directs the Secretary of Transportation to determine if certain UAS may operate safely

in the NAS. As such, UAServices’ request for exemption may be granted pursuant to the authority of FMRA Section 333 and 14 C.F.R. Part 11, as set forth above. FMRA Section 333 sets forth the requirements for considering whether a UAS will create a hazard to users of the NAS or the public, or otherwise pose a threat to national security; and further, provides the authority for such UAS to operate without airworthiness certification.35

seeks Exemption As discussed in detail above, UASer vices will operate the DJ I Phantom 3 Professional UAS safely in the NAS, without creating a hazard to users of the NAS, or the public, or otherwise pose a threat to national security

. **CONCLUSION** As set forth herein, UAServices seeks an exemption pursuant to 14 C.F.R. § 11.61 and Section 333 of the FAA Modernization and Reform Act of 2012 (FMRA), which will permit safe operation of the DJIPhantom 3 Professional UAS commercially, without an airworthiness certificate, for the limited purpose of conducting aerial video and photography over certain areas of the United States. By granting this Petition, the FAA Administrator will be fulfilling the Congressional mandate of the FAA Modernization and Reform Act of 2012, while also advancing the interests of the public, by allowing UAServices to safel y, efficiently, and economically operate the DJIPhantom 3 Professional UAS commercially within the NAS. **WHEREFORE** , in accordance with the Federal Aviation Regulations and the FAA Modernization and Reform Act of 2012, Section 333, UAServices respectfully requests that the Administrator grant this Petition for an exemption from the requirements of 14 C.F.R Sections 61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b), and permit Leading Edge to operate the DJ I Phantom 3 Professional UAS commercially for the purpose ofconducting aerial video and photography over certain areas of the United States. Dated: June 2 2, 201536

seeks Exemption Respectfully submitted, UAServices

/s/ Rick A. Hendrickson Rick A. Hendrickson UAServices 2062 State Hwy

9 Rothsay, MN 56579 (218)867

- 2592

Appendices : A

– DJ I Phantom 3 Professional Specifications Data Sheet B

– DJ I Phantom 3 Professional Manufacturer’s User Manual C

– Monthly

Maintenance Lo g37

seeks Exemption APPENDIX

– A

**DJI PHANTOM 3 PROFESSIONAL TECHNICAL** 

**SPECIFICATIONS** UAServices onl y utilizes safe and reliable UAS . DJIis an industry leader in small UAS production. DJ I UAS is loaded with ground 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 software provides real

-time altitude and location information to the PIC via the linked monitor (smart phone/tablet devices) 1.1 DJIPhantom 3 Professional 1.1.1 Aircraft 1.1.1.1 Supported Battery

– DJ I 5200mAH LiPo Battery 1.1.1.2 Weight (Battery

& Propellers Included)

– 2lbs 11.810oz (1242g) 1.1.1.3 Hover Accuracy

(Ready to Fly)

– Vertical: .8m; Horizontal: 2.5m 1.1.1.4 Max Yaw Angular Velocity

- 200 0/s 1.1.1.5 Max Tilt Angel

- 35 0 1.1.1.6 Max Ascent Speed

– 6m/s 1.1.1.7 Max Descent Speed

– 2m/s 1.1.1.8 Max Flight Speed

– 15m/s 1.1.2 Gimbal 1.1.2.1 Working Current

– Static: 750mA; Dy namic: 900mA 1.1.2.2 Control Accuracy

- ±0.03 0 1.1.2.3 Controllable Range

– Pitch:

- 90 0
- 0 0 1.1.2.4 Maximum Angular Speed

– Pitch: 90 0/s 1.1.3 Camera 1.1.3.1 Operating Temperature Range

- 32 0 F
- 104 0 F (0 0 C

- 40 0 C) 1.1.3.2 Sensor Size

– 1/2.3” 1.1.3.3 Effective Pixels

– 14M 1.1.3.4 Resolution

– 4384x3288 4.1.3.5 UHD Video Recording

– 4096x2160p 24/25, 3840x2160p24/25/30 4.1.3.6 Recording Field of View

- 110 0/85 0 1.1.4 Transmitter 1.1.4.1 Operating Frequency

– 5.728GHz

– 5.85GHz 1.1.4.2 Communication Distance (unobstructed)

– FCC Compliance: 800m 1.1.4.3 Receiver Sensitivity (1%PER)

- - 93dBm 1.1.4.4 Transmitter Power

– FCC Compliance: 100mW 1.1.4.5 Working Voltage

– 1.20A@7.2V38

seeks Exemption 1.1.5 Range Extender 1.1.5.1 Operating Frequency

– 2412

- 2462MHz 1.1.5.2 Communication Distance (unobstructed)

– 500

- 700m 1.1.5.3 Transmitter Power

– 20dBm 1.1.5.4 Power Consumption

– 2W41

seeks Exemption APPENDIX

– B

DJIPhantom 3 Professional Manufacturer’s User Manual

http://download.dji

innovations.com/downloads/phantom_3/en/Phantom_3_Professional_User_Manual_v1.0_e n.pdf42

seeks Exemption APPENDIX

– C

**MONTHLY$MAINTENANCE$LOG** month: (year: **UAS$#:$** Date(Issue( Discovered Date(Issue(

Addressed Issue(Description(&(Maintenance(Conducted Maintenance(Performed(By:((( Print(&(Sign Software(Updates Airframe( Engines Propellers Camera(Gimbal Landing(Gear Vibration(Dampening
Other: