September 9, 2015

Attn: U. S. DepartmentofTransportation Docket Operations West Building Ground Floor, Room w12-140 1200 NewJersey Ave, SEWashington, DC 20590

David Bochkay requests an exemption from the requirements oftitle 14 ofthe Code of Federal Regulations: · SECTIONS 61.113(a) 

### &(b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) 

### &(a)(2), AND 91.417(a) & (b) CONCERNING COMMERCIAL OPERATION OF DJI Phantom 3 Professional UNMANNEDAIRCRAFT SYSTEMS PURSUANT TO SECTION 333 OF THE FAA MODERNIZATION AND REFORM ACT OF 2012 (PUBLIC LAW 112-95)

Sincerely, David Bochkay 21 Colonial Rd Morristown NJ, 07960



### 1CONTENTS

GLOSSARY OF ABBREVIATIONS

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

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

...................................................................

### .4 BACKGROUND

.........................................................................................................................................4 BASIS FOR PETITION

..............................................................................................................................

### S Name And Address OfThe Petitioner

..............................................................................................6 The Specific Sections Of 14 C.F.R. From Which David Bochkay Seeks Exemption

.......................6 The Extent Of Relief David Bochkay Seeks And The Reason David Bochkay Seeks The Relief

...8 The Reasons Why Granting The David Bochkay RequestWould Be In The Public Interest; That Is, How ItWould BenefitThe Public As A Whole

...........................................................................10 The Reasons Why Granting The Exemption Would NotAdversely Affect Safety, Or HowThe Exemption Would Provide A Level Of Safety At Least Equal To That Provided By The Rule From Which David Bochkay Seeks Exemption

.......................................................................................11 A Summary That Can Be Published In The Federal Register, stating:

..........................................20 CONCLUSION

......................................................................................................................................... 20 APPENDICES

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



### 2GLOSSARY OF ABBREVIATIONS

AGL AOI ATC ATO AV CFR COA FAA FAR GCS GPS LOL NAS NOT AM PIC POH Section 

### 333 

# so SOP UA UAS VFR VLOS VMC VTOL Above Ground Level Area of Interest AirTraffic Control AirTraffic Organization Aerial Vehicle Code of Federal Regulations Certificate ofAuthorization Federal Aviation Administration Federal Aviation Regulation Ground Control Station Global Positioning System Loss of Link National Airspace System Notice to Airman Pilot In Command Pilot Operating Handbook FAA Modernization and Reform Actof2012 (FMRA) Safety Observer Standard Operating Procedures Unmanned Aircraft Unmanned Aircraft System Visual Flight Rules Visual Line ofSite Visual Meteorological Conditions Vertical Takeoffand Landing



### 3SUMMARY

David Bochkay 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 (DJI Phantom 3) pursuantto Section 333 ofthe FAA Modernization and Reform Act of 2012 (FMRA). This exemption will permit David Bochkay to operate an Unmanned Aircraft System (UAS) for the commercial purpose ofconducting aerial video and photography ofconstruction sites, residential and commercial real estate, civil landscapes and events over certain areas ofthe United States.

INTRODUCTION AND INTERESTS OF THE PETITIONER

David Bochkay provides clients with video and still image content using small UAV platforms. It is also his intention to provide government and business entities training and consulting services on small UAV systems. The objective of his aerial operations is to provide a more affordable alternative to acquire aerial footage and imagery for avariety ofgovernmental, commercial, public, and residential uses, specifically targeting:

•Agriculture

•Appraisals

• Real-estate marketing

• Civic landmarks

• Inspection ofvarious nature (construction etc

...)

• Private and governmental training David Bochkay is a Private Pilot (Single Engine Land) with an instrument rating.

BACKGROUND

Unmanned Aircraft Systems: DJI Phantom 3, UAS David Bochkay seeks an exemption to operate DJI Phantom 3 systems for compensation or hire within the NAS. The DJI Phantom 3 is vertical takeoff and landing (VTOL) Unmanned Aircraft (UA) with a Ground Control Station (GCS) utilizing electronic tablet orsmart phone systems. The DJI Phantom 3 has a maximum gross weight ofapproximately 2.8 lb. while having a diagonal dimension of23.2", a maximum speed ofapproximately 16.4'fps and a maximum flying height of400'. The DJI Phantom 3 is equipped with four main rotors; driven by Lithium Polymer battery powered electric motors. 5The DJI Phantom 3 thatwill be operated by David Bochkay and will be registered in accordance with 49 U.S.C. 44103, Registration ofAircraft, as well as 14 C.F.R Part 47, Aircraft Registration, and marked in accordance with 14 C.F.R. Part45, Identification and Registration Marking.



### 4BASIS FOR PETITION

Petitioner, David Bochkay, pursuant to the provisions ofthe Federal Aviation Regulations (14 C.F.R. 

### § 11.61) and the FAA Modernization and Reform Act of2012 (FMRA), Section 333, Special Rules for Certain Unmanned Aircraft Systems, hereby petitions the Administratorto commercially operate the DJI Phantom 3, 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 ofthe speed, weight, size, and limited operating area associated with the unmanned aircraft and its operation, David Bochkay's operation of DJI Phantom 3 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. Accordingly, David Bochkay requests relieffrom 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. David Bochkay submits that the requested relief is appropriate since an equivalent level ofsafety will be ensured. David Bochkay will perform maintenance, and alterations on the UAS using the methods, techniques, and practices prescribed in the operating documents (i.e., Monthly Maintenance Log, and DJI Phantom 3 Instruction Manual). Furthermore, David Bochkay will document and maintain all maintenance records for the DJI Phantom 3 UAS. Relieffrom certain requirements ofSection 61.113(a) and (b), entitled Private Pilot Privileges and Limitations: Pilot in command, is requested by David Bochkay 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, by meeting minimum flight hour and currency requirements, so that the PIC is able to safely operate the UAS in a mannerconsistentwith this exemption, including evasive and emergency maneuvers and maintaining appropriate distancesfrom people, vessels, vehicles and structures. David Bochkay seeks relief from Section 91.7(a), entitled Civil aircraft airworthiness, because the DJI Phantom 3 UAS does not require an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H. As such, David Bochkay submits thatthey will ensure thatthe DJI Phantom 3 UAS is in an airworthy condition, priorto every flight, by determining that the UAS are in compliance with the operating documents and that the aircraft are in a condition for safe flight. David Bochkay also seeks an exemption from the requirements of Section 91.121, entitled Altimeter Settings, as the DJI Phantom 3 UAS will not have a typical barometric altimeteronboard. However, altitude information ofthe DJI Phantom 3 UAS will be provided to the PIC via Global Positioning System (GPS) equipment and radio communications telemetry data link, which downlinks from the UAto the ground control system for active monitoring ofthe flight path. This altitude information, combined with the operation ofthe DJI Phantom 3 UAS within visual line ofsight, ator below400 feetAGL, will ensure a level ofsafety equivalentto Section 91.121. Additionally, David Bochkay seeks an exemption from the requirements ofSection 91.151(b), entitled Fuel requirements forflight in VFR conditions. David Bochkay submits that safety will not be affected by operation ofthe DJI Phantom 3 UAS during daylight hours in visual meteorological conditions (VMC) undervisual flight rules (VFR), with enough battery powerto fly for a total duration ofapproximately 23 

### 5minutes. Battery power indicators are also able to show exactly how much battery power is left, as well as how much time is needed to return safely backto point oftake off. In accordance with 14 C.F.R 

### § 11.81, David Bochkay provides the following information in support of its petition for exemption:

A. Name And Address OfThe Petitioner.

The name and address ofthe Petitioner and point ofcontact is: David Bochkay 21 Colonial Rd. Morristown NJ 07960

B. The Specific Sections Of 14 C.F.R. From Which David Bochkay Seeks Exemption.

1. David Bochkay seeks exemption from the requirements ofsection 61.113(a) and (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 actas a pilot in command (PIC) ofan aircraftthat is carrying passengers or property for compensation or hire; nor may that person, for compensation or hire, act as PIC ofan aircraft. (b) A private pilot may, for compensation or hire, act as PIC ofan aircraft in connection with any business oremployment if- (1) The flight is only incidental to that business oremployment; and (2) The aircraft does not carry passengers or property for compensation or hire. 2. David Bochkay seeks exemption from the requirements ofsection 91.7(a). Section 91.7, entitled Civil aircraft airworthiness, subsection (a), states the following: (a) No person may operate a civil aircraft unless it is in an airworthy condition. 3. David Bochkay seeks exemption from the requirements ofSection 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 orflight level ofthat aircraft, as the case may be, by reference to an altimeterthat is set, when operating-- (1) Below 18,000feet MSL, to- (i) The current reported altimeter setting ofa station along the route and within 100 nautical miles ofthe aircraft;



### 6(ii) Ifthere is no station within the area prescribed in paragraph (a)(1)(i) ofthis section, the current reported altimetersetting ofan appropriate available station; or (iii) In the case ofan aircraft not equipped with a radio, the elevation ofthe departure airport oran appropriate altimetersetting available before departure.

4. David Bochkay seeks exemption from the requirements ofsection 91.151(b). Section 91.151, entitled Fuel requirements forflight in VFR conditions, subsection (b), states the following: (b) No person may begin a flight in a rotorcraft underVFR conditions unless (considering wind and forecastweather conditions) there is enough fuel to fly to thefirst pointofintended landing and, assuming normal cruising speed, to fly afterthatfor at least20 minutes. 5. David Bochkay seeks exemption from the requirements ofsection 91.405(a). Section 91.405, entitled Maintenance required, subsection (a), states the following: Each owneroroperatorofan aircraft- (a) Shall have that aircraft inspected as prescribed in subpart E ofthis part and shall between required inspections, exceptas provided in paragraph (c) ofthis section, have discrepancies repaired as prescribed in part 43 ofthis chapter[.] 6. David Bochkay seeks exemption from the requirements ofsection 91.407(a)(1) Section 91.407, entitled Operation after maintenance, preventive maintenance, rebuilding, or alteration, subsection (a)(1), statesthe following: (a) No person may operate any aircraftthat has undergone maintenance, preventive maintenance, rebuilding, oralteration unless-- (1) It has been approved for return to service by a person authorized under§ 43.7 ofthis chapter[.] 7. David Bochkay seeks exemption from the requirements ofsections 91.409(a)(1) and 91.409(a){2). Section 91.409, entitled Inspections, subsection (a), states the following: (a) Exceptas provided in paragraph (c) ofthis 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 ofthis chapter and has been approved for return to service by a person authorized by § 43.7 ofthis chapter; or(2) An inspection for the issuance ofan airworthiness certificate in accordance with part21 ofthis chapter. 8. David Bochkay seeks exemption from the requirements ofsections 91.417(a) and 91.417(b). Section 91.417, entitled Maintenance records, subsections (a) and (b), state the following: (a) Exceptforwork performed in accordancewith §§ 91.411 and 91.413, each registered owner oroperatorshall keep the following records forthe periods specified in paragraph (b) ofthis section: (1) Records ofthe maintenance, preventive maintenance, and alteration and records of the 100-hour, annual, progressive, and other required orapproved inspections, as appropriate-, foreach aircraft (including the airframe) and each engine, propeller, rotor, and appliance ofan aircraft. The records must include

### 7(i) A description (or reference to data acceptable to theAdministrator) ofthe work performed; and 

### (ii) The date ofcompletion ofthe work performed; and (iii) The signature, and certificate numberofthe person approving the aircraftfor return to service. (2) Records containing the following information: (i) The total time in service ofthe airframe, each engine, each propeller, and each rotor. (ii) The current status oflife-limited parts ofeach airframe, engine! propeller, rotor, and appliance. (iii) The time since last overhaul ofall items installed on the aircraftwhich are required to be overhauled on a specified time basis. (iv)The current inspection status ofthe aircraft,.inctuding the time since the last inspection required by the inspection program underwhich the aircraftand its appliances are maintained. (v) The current status ofapplicable airworthiness directives (AD) and safety directives including, for each, the method ofcompliance, the AD orsafety directive numberand revision date. Ifthe AD orsafety directive involves recurring action, the time and date when the next action is required. (vi) Copies ofthe forms prescribed by§ 43.9(d) ofthis chapterfor each majoralteration to the airframe and currently installed engines, rotors, propellers, and appliances. (b) The owneroroperator shall retain the following records forthe periods prescribed: (1) The records specified in paragraph (a)(1) ofthis section shall be retained until the work is repeated orsuperseded by otherwork orfor 1yearafterthe work is performed. (2) The records specified in paragraph (a)(2) ofthis section shall be retained and transferred with the aircraft atthe time the aircraft is sold. (3) A list ofdefectsfurnished to a registered owneroroperator under§ 43.11 ofthis chapter shall be retained until the defects are repaired and the aircraft is approved for return to service.



### C. The Extent OfRelief David Bochkay Seeks And The Reason David Bochkay Seeks The Relief.

1. Extent Of Relief David Bochkay Seeks And The Reason David Bochkay Seeks Relief From Section 61.113(a) And (b). · Relieffrom Section 61.113(a) and (b) entitled Private pilot privileges and limitations: Pilot in command, is requested to the extent necessaryto allowa PIC holding a private pilot or higher level certificate, aswell as a current and valid airman medical certificate, and who has metcertain flight-hour and currency requirements, to conductthe proposed UAS flight operations for compensation or hire. This relief is requested since the limitations setforth in Section 61.113(a) and (b) state that a private pilot may, forcompensation or hire, act as PIC ofan aircraft in connection with any business oremployment if: (1) The flight is only incidental to that business oremployment; and (2) The aircraft does notcarry passengers or property for compensation or hire.



### 8As setforth more fully below, David Bochkay submits that an equivalent level ofsafety will be maintained because no PIC will be allowed to operate the DJI Phantom 3 Professional UAS unless that PIC has a Private Pilot Certificate (Airplane Single Engine Land) and has met certain flight-hour and currency requirements, demonstrating thatthe PIC is able to safely operate eitherthe DJI Phantom 3 Professional UAS in a mannerconsistentwith the operations specifications as described in this exemption, including evasive and emergency maneuvers, as well as maintaining appropriate distances from people, vessels, vehicles and structures.

2. Extent Of Relief David Bochkay Seeks And The Reason David Bochkay Seeks Relief From Section 91.7(a). Relieffrom Section 91.7(a) entitled Civil aircraft airworthiness, is requested to the extentrequired to allow David Bochkay to determine that the DJI Phantom 3 Professional UAS are in airworthy condition priorto every flight by ensuring that the UAS is in compliancewith the operating documents. David Bochkay seeks the requested relief because the DJI Phantom 3 Professional UAS do not require an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H. Therefore, David Bochkaywill ensure thatthe DJI Phantom 3 Professional UAS are in airworthy condition based upon its compliance with the operating documents (i.e., Monthly Maintenance Log, and DJI Phantom 3 Professional POH) priorto every flight.

3. Extent Of Relief David Bochkay Seeks And The Reason David Bochkay Seeks Relief From Section 91.121. Relieffrom Section 91.121, entitled Altimetersettings, may be required to allow flight operations ofthe DJI Phantom 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 atthe ground control station (GCS). Since the FAA requires that any altitude information concerning UAS operations be reported to airtraffic control (ATC) in feet above ground level (AGL), David Bochkay seeks the requested relief because the DJI Phantom 3 Professional UA's altimeter may be set on the ground to zero feet AGL, rather than the local barometric pressure orfield altitude, before each flight. Considering the limited altitude ofthe proposed operations, relieffrom 14 CFR 91.121 is soughtto the extent necessary to comply with the applicable conditions and limitations stated below. As more fully set forth herein, an equivalent level ofsafetywill be maintained since the DJI Phantom 3 Professional UAS are equipped with a barometric pressure sensorand 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 ofthe UAon the heads-up display ofthe GCS. 4. Extent Of Relief David Bochkay Seeks And The Reason David Bochkay Seeks Relief From Section 91.151(b). Relieffrom Section 91.151 (b) entitled Fuel requirements forflight in VFR conditions, is requested to the extent required to allowflights ofthe battery powered DJI Phantom 3 Professional UAS during daylight hours in visual meteorological conditions (VMC), undervisual flight rules (VFR), for a total duration of23 minutes. The David Bochkay seeks the requested relief because without an exemption from Section 91.151(b), the flight time duration ofthe battery powered DJI Phantom 3 Professional UAS will severely constrain the practicality ofany aerial video orstill photo flight operations that David Bochkay proposes to conduct pursuantto this Petition. Significantly, as setforth below, the technical specifications ofthe DJI Phantom 3 Professional UAS, the DJI Phantom 3 Professional operating documents, and David



### 9Bochkay's proposed operating limitations, ensure that David Bochkay will safely operate the battery powered DJI Phantom 3 Professional UAS during daylight hours in visual meteorological conditions (VMC), undervisual flight rules (VFR), with enough battery power to fly for a total duration of23 minutes. 5. Extent Of Relief David Bochkay Seeks And The Reason David Bochkay Seeks Relief From Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), And 91.417(a) & (b). Since Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b) only apply to aircraft with an airworthiness certificate, David Bochkay requests relieffrom these Sections because the DJI Phantom 3 Professional UAS do not require airworthiness certificates. The DJI Phantom 3 Professional UAS meets the conditions of FMRA Section 333 for operation without an airworthiness certificate. David Bochkay will use trained technicians to perform maintenance, alterations, or preventive maintenance on the UAS using the methods, techniques, and practices prescribed in the UAS POH, and will document and maintain all maintenance records forthe DJI Phantom 3 Professional UAS.

D. The Reasons Why Granting The David Bochkay RequestWould Be In The Public Interest; That 

### Is, How ItWould Benefit The Public As A Whole.
Granting the present Petition will furtherthe public interest by allowing David Bochkayto safely, efficiently, and economically perform aerial video and photography ofconstruction sites, real estate, events and civic landscape over certain areas ofthe United States. Additionally, use ofthe DJI Phantom 3 Professional UAS will decrease congestion ofthe NAS, reduce pollution, and provide significant benefits to the economy. Notably, the benefits of David Bochkay' proposed operation ofthe DJI Phantom 3 Professional UAS will be realized without implicating any privacy issues. 1. The PublicWill Benefit From Decreased Congestion OfThe NAS. The DJI Phantom 3 Professional UAS are battery powered and serve as a safe, efficient, and economical alternative to the manned aircrafttraditionally utilized to obtain aerial imagery. By reducing the amountof manned aircraft needed to perform aerial acquisitions, an exemption allowing the use ofa DJI Phantom 3 Professional UAS would reduce the amount of manned aircraft in the NAS, reduce noise and air pollution, aswell as increase the safety of life and property in the air and on the ground. Furthermore, by reducing the numberofmanned aircraft operating in the NAS, congestion around airports caused by arriving and departing aircraftwill be reduced. The DJI Phantom 3 Professional UAS do not require an airportto takeoffor land. Likewise, a reduction of manned aircraft conducting aerial video and photography missions would result in fewer aircraftthat must be handled by airtraffic control during the ground, takeoff, departure, arrival, and landing phases offlight operations. 2. The PublicWill Benefit From The SafetyAnd Efficiency OfThe DJI Phantom 3 Professional UAS. Conducting aerial acquisitions with the DJI Phantom 3 Professional UAS, instead ofmanned aircraft, will greatly benefitthe public by drastically reducing the levels ofair and noise pollution generated during traditional aerial video and still photography flight operations. By using battery powerand electric motors, the DJI Phantom 3 Professional UAS produce no air pollution, and is the mostviable environmentally conscious alternative to the cabin class, fourto six cylinder internal combustion engine aircraftthat are typically utilized for aerial video and photography, while burning approximately 10-20 gallons per hourof leaded aviation fuel. The DJI Phantom 3 Professional UAS, while reducing the carbon footprint ofaerial
10acquisitions, also eliminates noise pollution, as the UAS are propelled by battery powered electric motors, ratherthan an internal combustion engine. By using the DJI Phantom 3 Professional UAS to perform aerial acquisitions, the substantial risk to life and property in the airand on the ground, which is usually associated with traditional manned aircraftflight operations, will be substantially reduced orcompletely eliminated. Aside from the lack offlight crew members located onboard the aircraft, the DJI Phantom 3 Professional UAS (weighing approximately 2.8 pounds at their maximum gross weightwith diagonal dimension of23.2 inches, 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 thattypically conduct similar operations. 3. Performing Aerial Video and Photography OperationsWith The DJI Phantom 3 Professional UAS Will Benefit The Economy. In addition to being safe and·efficient, the DJI Phantom 3 Professional UAS are also an economical alternative to using manned aircraft to conduct similar aerial operations. As such, operation ofthe DJI Phantom 3 Professional UAS will allow United States based companies to remain competitive and contribute to growth ofthe U.S. economy. Specifically, with the rising cost ofaviation 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 orderto remain competitive. Operating the battery powered DJI Phantom 3 Professional UAS is one such technology that notonly allows companies greater operational flexibility compared to manned aircraft, but provides such flexibility without the high operational cost ofa traditional manned aircraft. By operating the DJI Phantom 3 Professional UAS, companies can remain competitive and profitable, and therefore, provide greaterjob stability to employees and contractors, which will ultimately contribute to growth ofthe U.S. economy. 4. There Are No Privacy Issues. David Bochkay' proposed operation ofthe DJI Phantom 3 Professional UAS will not create any privacy issues. Specifically, the DJI Phantom 3 Professional UAS will be operated only in compliance with operating documentswhich 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 HowThe Exemption Would Provide A Level OfSafety At Least Equal To That Provided By The Rule From Which David Bochkay Seeks Exemption.

1. Reasons WhyThe DJI Phantom 3 Professional UAS MeetThe Conditions OfThe FAA Modernization and Reform Act of2012 (FMRA) Section 333. In consideration ofthe size, weight, speed, and limited operating area associated with the unmanned aircraft and its operation, David Bochkay operation ofthe DJI Phantom 3 Professional UAS meetthe conditions of FMRA Section 333, and will not require an airworthiness certificate in accordance with 14 C.F.R. Part21, Subpart H. Section 333 provides authority for a UAS to operate without airworthiness certification and sets forth requirements for considering whether a UASwill create a hazard to users ofthe NAS orthe public, or otherwise pose a threatto national security. Specifically, FMRA Section 333 states the following, in part:

11(a) In GeneraL--Notwithstanding any other requirement ofthis subtitle, and not laterthan 180 days afterthe date ofenactmentofthis Act, the Secretary ofTransportation shall determine if certain unmanned aircraft systems may operate safely in the national airspace system before completion ofthe plan and rulemaking required by section 332 ofthis Act orthe guidance required by section 334 ofthis Act. (b) Assessment of Unmanned Aircraft Systems.--ln making the determination under subsection (a), the Secretary shall determine, at a minimum- (1) which types of unmanned aircraft systems, ifany, as a result oftheir size, weight, speed, operational capability, proximity to airports and populated areas, and operation within visual line ofsight do notcreate a hazard to users ofthe national airspace system orthe public or pose a threat to national security; and (2) whether a certificate ofwaiver, certificate ofauthorization, or airworthiness certification under section 44704 oftitle 49, United States Code, is required forthe operation of unmanned aircraft systems identified under paragraph ( 1). (c) Requirements for Safe Operation.--lfthe Secretary determines underthis section that certain unmanned aircraft systems may operate safely in the national airspace system, the Secretary shall establish requirements for the safe operation ofsuch aircraft systems in the national airspace system. In seeking this exemption, David Bochkay submits thatthe DJI Phantom 3 Professional UAS can operate safely in the NAS pursuant to FMRA Section 333, as demonstrated by: (a) the characteristics ofthe DJI Phantom 3 Professional UAS; (b) the pilot certification requirement; and (c) the specific operating limitations.

a. The Specifications OfThe DJI Phantom 3 Professional UAS Demonstrate Its Safe Characteristics. The DJI Phantom 3 Professional UAS does not create a hazard to users ofthe NAS orthe public, or otherwise pose a threatto national security considering its size, weight, speed, and operational capability. i. Technical specifications ofthe DJI Phantom 3 Professional UAS. The technical specifications ofthe DJI Phantom 3 Professional UAS are setforth by the DJI Phantom 3 Professional User Manual, attached hereto as Appendix 

### A ii. The DJI Phantom 3 Professional UAS global positioning modes enable the uas to remain within a defined operational area. The DJI Phantom 3 Professional UAS may be operated in both manual and global positioning flight modes. A complete description ofthe flight and navigational modes ofthe DJI Phantom 3 Professional UAS is provided at pages 11 ofthe DJI Phantom 3 Professional User Manual attached hereto as Appendix

### A iii. The DJI Phantom 3 Professional UAS are designed for automatic return to home point or hover in the eventof loss ofthe control link or navigation. When the Control Link is lost, the DJI Phantom 3 Professional UAS will remain stationary, in flight, for 3 seconds or more. If, after 3 seconds, the DJI Phantom 3 Professional UAS does not reacquire control link data from the GCS, the UAS will assume that the Control Link is lost and


### 12the will return to the home position {i.e., failsafe mode) via GPS, and will descend to the takeoff position and shutdown. A complete description ofthe Failsafe Functions ofthe DJI Phantom 3 Professional UAS are setforth at pages 12 through 14 ofthe DJI Phantom 3 Professional User Manual, attached hereto as Appendix

### A. iv. The DJI Phantom 3 Professional GCS and its operation. A complete description ofthe operation and specifications ofthe DJI Phantom 3 Professional GCS and flight control software is provided at pages 23 through 29 ofthe DJI Phantom 3 Professional User Manual. DJI Phantom 3 Professional User Manual is attached hereto as Appendix

### A. b. Flight operations of DJI Phantom 3 Professional UAS is limited to the line ofsightofa certificated pilot in command. David Bochkay staff in possession ofa valid Private Pilot Certificate "(Single Engine Land) will be the only persons to actas a pilot in command (PIC) ofthe DJI Phantom 3 Professional UAS.

c. Flights of DJI Phantom 3 Professional UAS will be conducted pursuantto specific operating limitations. In seeking this exemption, David Bochkay proposes to commercially operate DJI Phantom 3 Professional UAS for the special purpose ofconducting aer!al video and photography overcertain areas of United States, pursuantto the following specific operating limitations. 1. Operations authorized by this grantofexemption will be limited to the following aircraftdescribed in the operating documents, rotorcraft UASweighing less than 55 pounds maximum grossweight: DJI Phantom 3 Professional Unmanned Aircraft Systems. Proposed_operations ofany otheraircraftwill require a new petition ora petition to amend this grant. 2. UAS operations underthis exemption will be limited to conducting operations forthe purpose ofaerial video and photography. 3. The UAS may not be flown at an indicated airspeed exceeding 20 knots. 4. The UA must be operated at an altitude ofno morethan 400 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 toATC must be in feetAGL. 5. The UAS must be operated within visual line ofsight (VLOS) ofthe PIC at all times. This requires the PIC to be able to use human vision unaided by any device otherthan corrective lenses, as specified on the PIC's FAA-issued airman medical certificate. 6. The use offirst person view {FPV) by the PIC orsafety 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 maintainsVLOS capability. The SO and PIC must be able to communicate verbally atall times. Electronic messaging ortexting is not permitted during flight operations. The PIC must be designated before the flight and cannottransfer his or herdesignation for the duration ofthe flight. The PIC must ensure thatthe SO can perform the functions prescribed in the operating documents.



### 138. The SO must not perform any otherduties beyond assisting the PIC with seeing and avoiding otherair traffic and otherground based obstacles/obstructions and is not permitted to operate the camera orother instruments. 9. The operating documents and the grant ofexemption 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 grantofexemption and the procedures outlined in the operating documents, the conditions and limitations contained in the grantofexemption take precedence and must be followed. Otherwise, the operator mustfollowthe 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 documentsto the Administrator upon request. The operator mustalso present updated and revised documents if it petitions for extension oramendmentto the grantof exemption. Ifthe operatordeterminesthat any update or revision would affectthe basis upon which the FAA granted the exemption, then the operator must petition foramendmentto its grantofexemption. The FAA's UAS Integration Office (AFS-80) may be contacted ifquestions arise regarding updates or revisions to the operating documents. 10. Priorto each flight the PIC must inspectthe UAS to ensure that it is in a condition for safe flight. Ifthe inspection reveals a condition that affects the safe operation ofthe 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 oralterationsthat affectthe UAS operation orflight characteristics, e.g. replacement ofa flight critical component, must undergo a functional testflight. The PIC who conducts the functional testflight must make an entry in the aircraft records. 12. The pre-flight inspection must accountforall potential discrepancies, e.g. inoperable components, items, orequipment, not already covered in the relevant sections ofthe operating documents. 13. The operator mustfollow the UAS manufacturer's aircraft/component, maintenance, overhaul, replacement, inspection, and life limit requirements. 14. The operator mustcarry out its maintenance, inspections, and record keeping requirements, in accordance with the operating documents. Maintenance, inspection, alterations, and status of replacemenUoverhaul component parts must be noted in the aircraft records, including total time in service, description ofwork accomplished, and the signature ofthe authorized person returning the UAS to service. 15. Each UAS operated underthis exemption must comply with all manufacturer Safety Bulletins. 16. The authorized person must make an entry in the aircraft record ofthe corrective action taken against discrepancies discovered between inspections. 17. The PIC must possess at leasta private pilot certificate and at leasta currentthird class medical certificate. 18. The operator may not permitany PIC to operate unless the PIC meets the operator's qualification criteria and demonstratesthe ability to safely operate the UAS in a mannerconsistentwith howthe UAS will be operated underthe exemption, including evasive and emergency maneuvers and maintaining appropriate distancesfrom persons, vessels, vehicles and structures. PIC qualification flight hours must

14be logged in a mannerconsistentwith 

### 14 C.F.R. 

### § 61.51(b). Flights for the purposes oftraining the operator's PICs are permitted underthe terms ofthe exemption. However, training operations may only be conducted during dedicated training sessions. During training, proficiency, and experience-building flights, all persons not essential forflight operations are considered nonparticipants, and the PIC must operate theUAwith appropriate distance from nonparticipants in accordance with 

### 14 C.F.R. 

### § 91.119. 19. UAS operations may not be conducted during night, as defined in 

### 14 C.F.R. 

### § 1.1. All operations must be conducted undervisual meteorological conditions (VMC). Ifflight at night is required, a special request will be made atthe FAAoffice closestto proposed area ofoperations. Flights underspecial visual flight rules (SVFR) are not authorized. 

### 20. The UA may notoperatewithin 5 nautical miles ofan airport reference point as denoted on a current FAA-published aeronautical chart unless a letterofagreementwith that airport's management is obtained, and the operation is conducted in accordancewith a NOT AM as required by the**operator~s** COA. The letterofagreementwith the airport management mustbe made available to the Administrator upon request. 

### 21. The UA may not be operated less than 

### 500 feet belowor less than 

### 2,000 feet horizontallyfrom a cloud orwhen visibility is less than 3 statute miles from the PIC. 

### 22. Ifthe UA loses communications or loses its GPS signal, it must return to a predetermined location within the planned operating area and land orbe recovered in accordancewith the operating documents. 

### 23. The PIC mustabortthe flight in the eventofunpredicted obstacles oremergencies in accordancewith the operating documents. 

### 24. The PIC is prohibited from beginning a flight unless (considering wind and forecastweather conditions) there is enough powerto fly at normal cruising speed to the intended landing pointand land the UAwith 

### 25% battery power remaining. 

### 25. The operator mustobtain an AirTraffic Organization (ATO) issued Certificate ofWaiveror Authorization (COA) priorto conducting any operations underthe grant ofexemption. This COAwill also require the operatorto request a Notice to Airman (NOTAM) not more than 

### 72 hours in advance, but not less than 

### 48 hours priorto the operation. All operations shall be conducted in accordance with airspace requirements in the ATO issued COA including class ofairspace, altitude level and potential transponder requirements. 

### 26. All aircraftoperated in accordance with the exemption must be identified by serial number, registered in accordance with 

### 14 C.F.R. part

### 47, and have identification (NNumber) markings in accordancewith 

### 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 ofthe UA mustcomply with the Federal Communications Commission (FCC) orotherappropriate government oversight agency requirements. 

### 28. The documents required fewerthan 

### 14 C.F.R. 

### 91.9 and 

### 91.203 must be available to the PIC atthe Ground Control Station ofthe UAS anytime the UAS is operating. These documents mustbe made availableto the Administratororany law enforcementofficial upon request. 

### 29. The UA must remain clear and yield the right ofwayto all manned aviation operations and activities at all times.



### 1530. The UAS may not be operated by the PIC from any moving device orvehicle. 31. Flight operations must be conducted at least 500 feetfrom all nonparticipating persons (persons other than the PIC, SO, operatortrainees oressential persons), vessels, vehicles, and structures unless:

a. Barriers orstructures are presentthat sufficiently protect nonparticipating persons from the UA and/ordebris in the eventofan accident. The operator mustensure that nonparticipating persons remain undersuch protection. Ifa situation ariseswhere nonparticipating persons leave such protection and are within 500 feet ofthe UA, flightoperations mustcease immediately and/or; b. The aircraft is operated nearvessels, vehicles orstructureswhere the owner/controller ofsuch vessels, vehicles orstructures has granted permission and the PIC has made a safety assessmentofthe risk ofoperating closerto those objects and determined that it does not present an undue hazard, and;

c. Operations nearerto the PIC, SO, operatortrainees oressential persons do not present an undue hazard to those persons per§ 91.119(a). 32. All operations shall be conducted over private orcontrolled-access property with permission from the land owner/controllerorauthorized representative. Permission from land owner/controllerorauthorized representative will be obtained for each flight to be conducted. 33. Any incident, accident, orflight operation thattransgresses the lateral orvertical boundaries ofthe 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 NTSBWeb site: www.ntsb.gov. 2. ReasonsWhyAn Exemption From The Requirements OfSection 61.113(a) And (b) Would Not Adversely Affect Safety. David Bochkay submits thatthe equivalent level ofsafety established by Section 61.113(a) and (b) will be maintained because no PIC will be allowed to operate the DJI Phantom 3 Professional UAS unless that PIC has demonstrated, by meeting minimum flight-hour and currency requirements, thatthe PIC is able to safely operate the DJI Phantom 3 Professional UAS in a mannerconsistentwith the exemption, including evasive and emergency maneuvers and maintaining appropriate distancesfrom people, vessels, vehicles and structures. Considering David Bochkay' proposed area ofoperations, and the operating limitations setforth-above; the parallel nature of private pilot aeronautical knowledge requirements to those ofcommercial pilot requirements (See Exemption No. 11062); and the airmanship skills necessaryto safely operate the DJI Phantom 3 Professional UAS, David Bochkay submits thatthe additional manned airmanship experience ofa commercially certificated pilotwould notcorrelate to the airmanship skills necessary for David Bochkay specific proposed flight operations. The FAA has previously granted relieffrom Section 61.113(a) and (b) specificto 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, 11158, 11159, 11160, 11161). Furthermore David Bochkaywill notallowany PIC to operate the OJI Phantom 3 Professional UAS unless that PIC has demonstrated, by meeting minimum flight-hour requirements orthe OJI Phantom 3

16Professional UAS training and currency requirements, that the PIC is able to safely operate the DJI Phantom 3 Professional UAS in a mannerconsistentwith 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 mannerconsistentwith 14 C.F.R. 

### § 61.51(b), 25 hours oftotal time as a UAS rotorcraft pilot (with a minimum of5 hours ofthose 21 hours as a UAS pilot operating the same make and model of UAS to be used for operations underthe exemption). In addition to the hour requirements, the PIC must accomplish 3takeoffs and landings in the preceding 90 days (for currency purposes). As in Exemption Nos. 11062, 11138, and 11153, prior documented flight experience thatwas obtained in compliance with applicable regulations will ensure an equivalent level ofsafety during David Bochkay' proposed operations. The Administrator has held that prior documented flight experience thatwas obtained in compliance with applicable regulations would ensure safe operations, stating as follows: In Exemption No. 11062, the FAA required that priorto conducting operations for the purpose ofmotion picture filming (orsimilar operations), the PIC must have accumulated and logged, in a manner consistent with 14 CFR 61.51(b), 25 hours oftotal time as a UAS rotorcraft pilot including at least 10 hours logged as a UAS pilotwith a multi-rotor UAS. Priorto operations under Exemption No. 11062, the PIC mustalso have accumulated and logged a minimum of5 hours as a UAS pilot operating the same make and model of UAS to be used for operations underthe 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 ofmulti-rotortime 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 3takeoffs and landings in the preceding 90 days (for currency purposes). The FAAfinds that at a minimum, the flighthour requirements in Exemption No. 11062 are appropriate to practice and build proficiency in the skills necessary to safely conduct 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 underthe grantofexemption to accomplish the required flight time. During training, proficiency, and experiencebuilding flights the PIC is required to operate the UAwith appropriate distances in accordance with 14 C.F.R 91.119. David Bochkay will ensure safe operations by not allowing any PIC to operate the DJI Phantom 3 Professional UAS unless that PIC has demonstrated, by meeting minimum flight-hour and currency requirements, thatthe PIC is able to safely operate the DJI Phantom 3 Professional UAS in a manner consistentwith the exemption, including evasive and emergency maneuvers and maintaining appropriate distances from people, vessels, vehicles and structures. 3. Reasons WhyAn Exemption From The Requirements Of Section 91.7(a) Would NotAdversely Affect Safety. The equivalent level ofsafety established by Section 91.7(a) will be maintained because priorto every flight, David Bochkaywill ensure thatthe DJI Phantom 3 Professional UAS is in an airworthy condition based upon the UAS's compliancewith its operating documents and as stated in the conditions and limitations herein. Additionally, the FAA has previously granted relieffrom Section 91.7(a) specificto UAS, in circumstances similar, in all material respects, to those presented herein (e.g. Exemption Nos. 11062, 11063, 11064,

1711065, 11066,11067,11080,11109,11110, 11112,11136, 11138, 11150, 11153, 11156,11157, 11158, 11159, 11160, 11161). 4. ReasonsWhyAn Exemption From The Requirements OfSection 91.121 Would NotAdversely Affect Safety. The equivalent level ofsafety established by Section 91.121 will be maintained because the altitude information ofthe DJI Phantom 3 Professional UASwill be provided tothe PIC via GPS equipmentand a radio communicationstelemetry data link, which downlinksfrom the UAto the GCS for active monitoring ofthe flight path and altitude. This altitude information, combined with David Bochkay' operation ofthe DJI Phantom 3 Professional UAS within visual line ofsight, ator below 500 feet AGL, will ensure a level ofsafety equivalentto Section 91.121. The altitude information will be generated by GPS equipment installed onboard the aircraft. Priorto each flight,.a zero**alti~ude ini~iation**  point is**automati~ally** established bythe UAS at ground level. The FAA has previously granted relieffrom Section 91.121 specificto UAS, in circumstances similar, in all material respects, to those presented herein (e.g. Exemption Nos. 11062,11063, 11064, 11065, 11066, 11067, 11080,11109, 11112,11136,11138, 11150, 11153,11156, 11157,11158,11159, 11160, 11161). 5. ReasonsWhyAn Exemption From The Requirements OfSection 91.151(b) Would NotAdversely Affect Safety. A grantofthis exemption would ensure an equivalent level ofsafety established by 14 C.F.R. Section 91.151(b) as a result of(1) the technical specifications ofthe DJI Phantom 3 Professional UAS; (2) the limitations on the proposed flight operations; and (3) the location ofthe proposed flightoperations. Accordingly, David Bochkay will ensure that itwill safely operate the battery powered DJI Phantom 3 Professional UAS during daylight hours in VFR conditions, with enough battery powerto fly for a total duration of23 minutes. Here, as in Exemption No. 11109, the technical specifications ofthe DJI Phantom 3 Professional UAS; the limitations on the proposed flight operations; and the location ofthe proposed operations, will ensure an equivalent level ofsafety established by 14 C.F.R. Section 91.151(b). Furthermore, safety will be ensured as the DJI Phantom 3 Professional UAS provide audible and visual warnings to the PIC atthe GCS when the UAS experiences low batteryvoltage, the firstwarning occurring atapproximately 33% remaining battery power, and again atapproximately-10% remaining battery power. Atthe critically low battery level, the DJI Phantom 3 Professional UAS will descend and land automatically.**Signifi~antly,** previous exemptions granted bythe FAAconcerning Section 91.151 establish that safety is not adversely affected when the technical characteristics and operating limitations ofthe UAS are considered. Relief has been granted for manned aircraftto operate at less than the minimums prescribed in Section 91.151, including Exemption Nos. 2689, 5745, and 10650. Moreover, the FAA has previously granted relieffrom Section 91.151 specificto 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. ReasonsWhyAn Exemption From The Requirements OfSections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), And 91.417(a) & (b) Would NotAdversely Affect Safety. In seeking this exemption; David Bochkay submits thatthe equivalent level ofsafety 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 David Bochkaywill use trained technicians 18to perform maintenance, alterations, or preventive maintenance on the UAS using the methods, techniques, and practices prescribed in the operating documents. Furthermore, David Bochkaywill documentand maintain all maintenance records forthe DJI Phantom 3 Professional UAS. Since the DJI Phantom 3 Professional UASwill be inspected as prescribed by the operating documents, David Bochkaywill maintain the equivalent level ofsafety established by Sections 91.405(a), 91.409(a)(1), and 91.409(a)(2). A copy ofthe DJI Phantom 3 Professional User Manuals are attached hereto asAppendixA and B; a copy ofthe DJI Phantom 3 Professional UAS Maintenance LOG is attached hereto as Appendix C. Likewise, the exemption soughtwill not adversely affectsafety because David Bochkaywill usetrained technicians to perform maintenance, alterations or preventive maintenance on the UAS using the methods, techniques, and practices prescribed bythe operating documents. Furthermore, the exemption soughtwould maintain an equivalent level ofsafety established by Sections 91.407, 91.417(a) and 91.417(b), because all maintenance ofthe DJI Phantom 3 Professional UAS will be performed by trained technicians. Maintenance will be documented and maintained utilizing the monthly maintenance log.

·- Significantly, previous exemptions granted bythe 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 technical characteristics and operating limitations ofthe UAS are considered. 24 In consideration of David Bochkay proposed operating limitations, the operating documents, and the technical aspects ofthe DJI Phantom 3 Professional UAS, David Bochkay 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 reliefspecificto 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 ForSafe Operation. In accordancewith Section 333 ofthe FAA Modernization and Reform Actof2012 (FMRA) and 14 C.F.R. 

### § 21.16 entitled Special Conditions, David Bochkay requests thatthe FAA prescribe special conditions for the intended operation ofthe DJI Phantom 3 Professional UAS, which contain such safety standards that the Administratorfinds necessaryto establish a level ofsafety equivalentto that established by 14 C.F.R. Part21, 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 ofthe UAS forthe limited purpose ofconducting aerial video and photographyovercertain areas ofthe United States forcompensation or hire. FMRA Section 333 sets forth the requirements for considering whethera UAS will create a hazard to users ofthe NAS orthe public, orotherwise pose a threatto national security; and further, provides the authority for such UAS to operate without airworthiness certification in accordance with any requirements that must be established forthe safe operation ofthe UAS in the NAS. Likewise, the Administrator may prescribe special conditions pursuantto 14 C.F.R. 

### § 21.16, for operation ofthe DJI Phantom 3 Professional UAS, since the airworthiness regulations of 14 C.F.R. Part 21 do not contain adequate orappropriate safety standards, due to the novel or unusual design features ofthe aircraft. Section 21.16, entitled Special Conditions, states the following:

19

### Ifthe FAAfinds thatthe airworthiness regulations ofthis subchapter do not contain adequate or appropriate safety standards for an aircraft, aircraft engine, or propeller because ofa novel or unusual design feature ofthe aircraft, aircraft engine or propeller, he prescribes special conditions and amendments thereto for the product. The special conditions are issued in accordance withiPart 11 ofthis chapter and contain such safety standards for the aircraft, aircraft engine or propeller as the FAAfinds necessary to establish a level ofsafety equivalentto that established in the regulations. See 14 C.F.R. 

### § 21.16. Therefore, in accordance with FMRA Section 333 and 14 C.F.R. 

### § 21.16, the FAA may prescribe special conditions for David Bochkay' intended operation ofthe DJI Phantom 3 Professional UAS, which contain such safety standards thatthe Administrator finds necessary to establish a level ofsafety equivalentto that established by 14 C.F.R. Part 21, Subpart H, and 14 C.F.R Sections 25 61.113(a) & (b), 91.?(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 David Bochkay Seeks Exemption: David Bochkay 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 OfThe Nature OfThe Exemption David Bochkay Seeks: This exemption will permit David Bochkay to commercially operate an Unmanned Aircraft System (UAS) for the purpose ofconducting aerial video and photography over certain areas ofthe United States.

CONCLUSION

As set forth herein, David Bochkay seeks an exemption pursuantto 14 C.F.R. 

### § 11.61 and Section 333 of the FAA Modernization and Reform Act of2012 (FMRA), which will permit safe operation ofthe DJI Phantom 3 Professional UAS commercially, without an airworthiness certificate, for the limited purpose of conducting aerial video and photography over certain areas ofthe United States. By granting this Petition, the FAA Administratorwill be fulfilling the Congressional mandate ofthe FAA Modernization and Reform Actof2012, while also advancing the interests ofthe public, by allowing David Bochkay to safely, efficiently, and economically operate the DJI Phantom 3 Professional UAS commercially within the NAS. WHEREFORE, in accordancewith the Federal Aviation Regulations and the FAA Modernization and Reform Act of2012, Section 333, David Bochkay respectfully requests thatthe Administrator grant this Petition for an exemption from the requirements of 14 C.F.R Sections 61.113(a) & (b), 91.?(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 DJI Phantom 3 Professional UAS commercially forthe purpose ofconducting aerial video and photography over certain areas ofthe United States.

20Respectfully submitted, David Bochkay



### 9/9/2015

21APPENDICES



### A- Linkto download OJI Phantom 3 professional User's Manual:http://download.djiinnovations.com/downloads/phantom 3/en/Phantom 3 Professional User Manual v1.4 en.pdf



### 22