UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

FEDERAL AVIATION ADMINISTRATION

WASHINGTON, DC

Regulatory Docket No. _FAA-2007-0001

IN THE MATTER OF THE PETITION FOR EXEMPTION OF:

DUSTIN NEIBAUR-HUNTINGTON

FOR AN EXEMPTION SEEKING RELIEF FROM THE REQUIREMENTS OF

TITLE 14 OF THE CODE OF FEDERAL REGULATIONS SEC

TIONS 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 PROFESSIONALAND DJI INSPIRE 1

UNMANNED AIRCRAFT SYSTEMS

PURSUANT TO SECTION 333 OF

THE FAA MODERNIZATION AND REFORM ACT OF 2012

(PUBLIC LAW 112-95)

Submitted on Dec.15th, 2015

Dustin Neibaur-Huntington

9663 Santa Monica Blvd

STE. 626

Beverly Hills, CA 90210

Tel: (310)993-8914TABLE OF CONTENTS

Page

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

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

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

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

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

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

THE SPECIFIC SECTIONS OF 14 C.F.R. FROM WHICH CORY L. KERSEY

SEEKS EXEMPTION.................................................................8

THE EXTENT OF RELIEF CORY L. KERSEYSEEKS AND THE REASON

CORY L. KERSEYSEEKS THE RELIEF.........................11

THE REASONS WHY GRANTING CORY L. KERSEY’S REQUEST WOULD

BE IN THE PUBLIC INTEREST .........................................................15

THE REASONS WHY GRANTING THE EXEMPTION WOULD NOT

ADVERSELY AFFECT SAFETY..........................................................................19

SUMMARY THAT CAN BE PUBLISHED IN THE FEDERAL REGISTER......34

ANY ADDITIONAL INFORMATION, VIEWS, OR ARGUMENTS

AVAILABLE TO SUPPORT CORY L. KERSEY’S REQUEST.........34

CONCLUSION....................................................................................................................35

APPENDICES........................................................................................37

2GLOSSARY 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 Positioning System

LOL Loss 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 Landing

3SUMMARY

Dustin Neibaur-Huntington 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 Modern

ization and Reform Act of 2012 (FMRA). This exemption will permit Dustin Neibaur-Hun

tington to operate an Unmanned Aircraft System (UAS) for the commercial purpose of con

ducting aerial video and photography of construction sites, real estate, and landscape over

certain areas of the United States.

INTRODUCTION AND INTERESTS OF THE PETITIONER

Dustin Neibaur-Huntington provides its clients withaerial photo and video. Dustin

Neibaur-Huntington has over 8 years of professional video and photography andis recog

nized as an expert in cinematography. He has over 5 years recreational/hobby experience

in all aspects of aerial video and photography. The objective of Dustin Neibaur-Huntington

aerial video and photography operations is to providehigh quality imaging for a variety of

commercial, public, and residential uses, specifically targeting:

• Motion Picture Filming

• Aerial acquisitions used for inspections of public and private structures.

• Increase public knowledge of UAS and promote safe UAS operations.

• Search and Rescue operations

BACKGROUND

Unmanned Aircraft Systems: DJI Phantom 3,DJI Inspire 1 UASs Dustin Nei

baur-Huntington seeks an exemption to operate DJI systemsfor compensation or hire within

the NAS. TheDJI Phantom 3 Professionaland DJI Inspire 1 are vertical takeoff

4and landing (VTOL) Unmanned Aircraft (UA) with a Ground Control Station (GCS) uti

lizing electronic tablet or smart phone systems. The DJI Phantom 3 Professionalhas 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 of approximately 29

knots. The DJI 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 approx

imately 42 knots. The DJI Phantom 3 Professionaland DJI Inspire 1UAs are equippedwith

four main rotors; driven by Lithium Polymer battery powered electric motors.

The DJI Phantom 3 Professionaland DJI Inspire 1 UAs that will be operated by

Dustin Neibaur-Huntington will be registered in accordance with 49 U.S.C. 44103, Regis

tration of Aircraft

, as well as 14 C.F.R Part 47, Aircraft Registration , and marked in accor

dance with 14 C.F.R. Part 45, Identification and Registration Marking

.

BASIS FOR PETITION

Petitioner, Dustin Neibaur-Huntington , 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 , here

by petitions the Administrator to commercially operate theDJI Phantom 3 Professional,

DJI Inspire 1 UASs 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).

5In consideration of the speed, weight, size, and limited operating area associated

with the unmanned aircraft and its operation, Dustin Neibaur-Huntington’s operation of DJI

Phantom 3 Professionaland DJI Inspire 1 UASs 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, Dustin Neibaur-Huntington 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 require

ments for maintenance that only apply to aircraft with an airworthiness certificate.

Dustin Neibaur-Huntington submits that the requested relief is proper since an

equivalent level of safety will be ensured. Dustin Neibaur-Huntington will use experienced

personnel or technicians to perform maintenance, alterations, or preventive maintenance on

the UASs using the methods, techniques, and practices prescribed in the operating docu

ments (i.e., Monthly Maintenance Log, and DJI Phantom 3 Professional and DJI Inspire 1

Instruction Manual). Furthermore, Dustin Neibaur-Huntington will document and maintain

all maintenance records for the DJI Phantom 3 Professionaland DJI Inspire 1 UASs.

Relief from certain requirements of Section 61.113(a) and (b), entitled Private pilot

privileges and limitations: Pilot in command , is requested by Dustin Neibaur-Huntington

to the extent necessary to allow a Pilot in Command (PIC) holding a private pilot or high

er level certificate, as well as an airman medical certificate, and who has demonstrated,

by meeting minimum flight-hour and currency requirements, that the PIC is able to safely

operate the DJI Phantom 3 ProfessionalandDJI Inspire 1 UASs in a manner consistent with

this exemption, including evasive and emergency maneuvers and maintaining appropriate

distances from people, vessels, vehicles and structures.

6Dustin Neibaur-Huntington seeks relief from Section 91.7(a), entitled Civilaircraft

airworthiness , because the DJI Phantom 3 Professionaland DJI Inspire 1 UASs do not re

quire an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H. As such,

Dustin Neibaur-Huntington submits that hewill ensure that the DJI Phantom 3 Professiona

land DJI Inspire 1UASs are in an airworthy condition, prior to every flight, by determining

that the UASs are in compliance with the operating documents (i.e., Monthly Maintenance

Log, and DJI Phantom 3 Professionaland DJI Inspire 1 InstructionManual), and that the

aircraft are in a condition for safe flight.

Dustin Neibaur-Huntington also seeks an exemption from the requirements of Sec

tion 91.121, entitled Altimeter Settings , as the DJI Phantom 3 Professionaland DJI Inspire

1 UAs will not have a typical barometric altimeter onboard. However, altitude information

of the DJI Phantom 3 Professionaland DJI Inspire 1UAs 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 Dustin Neibaur-Huntington’s operation of the DJI

Phantom 3 Professional and DJI Inspire 1 UASs within visual line of sight, at or below 500

feet AGL, will ensure a level of safety equivalent to Section 91.121.

Additionally, Dustin Neibaur-Huntington seeks an exemption from the requirements

of Section 91.151(b), entitled Fuel requirements for flight in VFR conditions

. Dustin Nei

baur-Huntington submits that safety will not be affected by operation of the DJI Phantom

3 Professionaland DJI Inspire 1 UAs during daylight hours in visual meteorological con

ditions (VMC) under visual flight rules (VFR), with enough battery power to fly for a total

duration of

7approximately 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.

In accordance with 14 C.F.R. § 11.81, Dustin Neibaur-Huntington provides the

following information in support of its petition for exemption:

A.Name And Address Of The Petitioner.

The name and address of the Petitioner and point of contact is:

Dustin Neibaur-Huntington

9663 Santa Monica Blvd

STE 626

Beverly Hills, CA 90210

310-993-8914

DUSTIN@JOHNRUSSOPHOTO.COM

B. The Specific Sections Of 14 C.F.R. From Which Dustin Neibaur-Huntington Seeks

Exemption.

1. Dustin Neibaur-Huntington Seeks Exemption From The Requirements Of

Section 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 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 employment if—

(1) The flight is only incidental to that business or employment; and

(2) The aircraft does not carry passengers or property for compensation or hire.

2. Dustin Neibaur-Huntington Seeks Exemption From The Requirements Of

8(a) No person may operate a civil aircraft unless it is in an airworthy condition.

3. Dustin Neibaur-Huntington 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, by reference to an altimeter that is set,

when operating--

(1) Below 18,000 feet MSL, to--

(i) The current reported altimetersetting 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. Dustin Neibaur-Huntington 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 atleast 20 minutes.

5. Dustin Neibaur-Huntington 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—

9(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[.]

6. Dustin Neibaur-Huntington Seeks Exemption From The Requirements Of

Section 91.407(a)(1)

Section 91.407, entitled Operation after maintenance, preventive maintenance,

rebuilding, or alteration ,subsection (a)(1), states the following:

(a) No person may operate any aircraft that has undergone maintenance, preventive

maintenance, rebuilding, or alteration unless--

(1) It has been approved for return to service by a person authorized under §

43.7 of this chapter[.]

7. Dustin Neibaur-Huntington 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 this 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 chap

ter; or

(2) An inspection for the issuance of an airworthiness certificate in accordance

with part 21 of this chapter.

8. Dustin Neibaur-Huntington Seeks Exemption From The Requirements Of Sec

tions

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 reg

istered owner or operator shall keep the following records for the periods speci

fied 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

10each engine, propeller, rotor, and appliance of an aircraft. The records must

include--

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

work performed; and

(ii) The date of completion of the work performed; and

(iii) The signature, and certificate number of the person approving the

aircraft for return to service.

(2) Records containing 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 compliance, the AD or

safetydirective number and revision date. If the AD or safety directive

involves recurring action, the time and date when the next action is re

quired.

(vi) Copies of the forms prescribed by § 43.9(d) of this chapter for each

major alteration to the airframe and currently installed engines, rotors,

propellers, and appliances.

(b) The owner or operator shall retain the following records for the periods

prescribed:

(1) The records specified inparagraph (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.

11(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.

C. The Extent Of Relief Dustin Neibaur-Huntington Seeks And The Reason Dustin Nei

baur-Huntington Seeks The Relief.

1. Extent Of Relief Dustin Neibaur-Huntington Seeks And The Reason Dustin

Neibaur-Huntington Seeks Relief From Section 61.113(a) And (b).

Relief from Section 61.113(a) and (b) entitled Private pilot privileges and limita

tions: Pilot in command

, is requested to the extent necessary to allow a PIC holding a pri

vate 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 asPIC of an aircraft in connec

tion with any business or employment if: (1) The flight is only incidental to that business or

employment; and (2) The aircraft does not carry passengers or property for compensation or

hire.

As set forth more fully below, Dustin Neibaur-Huntington submits that an equivalent

level of safety will be maintained because no PIC will be allowed to operate the DJI Phan

tom 3 ProfessionalUAS or DJI 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

DJI Phantom 3 Professionalor DJI 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, vehicles and structures.

12Further, Dustin Neibaur-Huntington submits that all flights of the DJI Phantom 3

Professional and DJI Inspire 1 UASs, conducted by the PIC pursuant to the grant of this

Petition: (1) will be incidental to Dustin Neibaur-Huntington’s business; and (2) will not

carry passengers or property for compensation or hire.

2. Extent Of Relief Dustin Neibaur-Huntington Seeks And The Reason Dustin

Neibaur-Huntington 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 Dustin Neibaur-Huntington to determine that the DJI Phantom

3 Professional and DJI Inspire 1 UASs are in airworthy condition prior to every flight by

ensuring that the UAS is in compliance with the operating documents (i.e., the Dustin Nei

baur-Huntington Aerial Operations Manual, Monthly Maintenance Log, and DJI Phantom

3 Professionaland DJI Inspire 1 Instruction Manual).

Dustin Neibaur-Huntington seeks the requested relief because theDJI Phantom

3 Professional and DJI Inspire 1 UASs do not require an airworthiness certificate in ac

cordance with 14 C.F.R. Part 21, Subpart H. Therefore, Dustin Neibaur-Huntington will

ensure that the DJI Phantom 3 Professionaland DJI Inspire 1 UASs are in airworthy condi

tion based upon its compliance with the operating documents (i.e., Monthly Maintenance

Log, and DJI Phantom 3 Professionaland DJI Inspire 1 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 Dustin Neibaur-Huntington Seeks And The Reason Dustin

Neibaur-Huntington Seeks Relief From Section 91.121.

Relief from Section 91.121, entitled Altimeter settings, may be required to allow

flight operations of theDJI Phantom 3 Professionaland DJI Inspire 1 UASs, which utilize a

barometric pressure sensor, GPS equipment, and a radio communications telemetry data

13link 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 operations be

reported to air traffic control (ATC) in feet above ground level (AGL), Dustin Neibaur-Hun

tington seeks the requested relief because the DJI Phantom 3 Professionaland DJI Inspire 1

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 DJI Phantom 3 Professionaland DJI Inspire 1 UAs are equipped

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 Dustin Neibaur-Huntington Seeks And The Reason Dustin

Neibaur-Huntington Seeks Relief From Section 91.151(b).

Relief from Section 91.151(b) entitled Fuel requirements for flight in VFR condi

tions, is requested to the extent required to allow flights of the battery powered DJI Phan

tom 3 Professionaland DJI Inspire 1 UAs 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. Dustin Neibaur-Huntington seeks the requested relief because without

an exemption from Section 91.151(b), the flight time duration of the battery powered DJI

Phantom 3 Professionaland DJI Inspire 1 UAs will severely constrain the

14practicality of any aerial video or still photo flight operations that Dustin Neibaur-Hunting

ton proposes to conduct pursuant to this Petition.

Significantly, as set forth below, the technical specifications of the DJI Phantom 3

Professionaland DJI Inspire 1 UASs, the DJI Phantom 3 Professionaland DJI Inspire 1 op

erating documents, and Dustin Neibaur-Huntington’s proposed operating limitations, ensure

that Dustin Neibaur-Huntington’s will safely operate the battery powered DJI Phantom 3

Professionaland DJI Inspire 1 UAs during daylight hours in visual meteorological condi

tions (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 Dustin Neibaur-Huntington Seeks And The Reason Dustin

Neibaur-Huntington 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, Dustin Neibaur-Huntington requests

relief from these Sections because the DJI Phantom 3 Professionaland DJI Inspire 1 UASs

do not require airworthiness certificates. As set forth more fully below, the DJI Phantom 3

Professionaland DJI Inspire 1 UASs meet the conditions of FMRA Section 333 for opera

tion without an airworthiness certificate. Accordingly, Dustin Neibaur-Huntington will use

trained technicians to perform maintenance, alterations, or preventive maintenance on the

UASs using the methods, techniques, and practices prescribed in the UAS operating docu

ments (i.e., the Dustin Neibaur-Huntington Aerial Operations Manual, Monthly Maintenance

Log, and DJI Phantom 3 Professionaland DJI Inspire 1 Instruction Manual). Furthermore,

-

Dustin Neibaur-Huntington will document and maintain all maintenance records for the DJI

Phantom 3

15D. The Reasons Why Granting Dustin Neibaur-Huntington’s Request Would Be In

The Public Interest; That Is, How It Would Benefit The Public As A Whole.

Granting the present Petition will further the public interest by allowing Dustin

Neibaur-Huntington to safely, 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 DJI Phantom 3 Professionaland DJI Inspire 1 UASs will

decrease congestion of the NAS, reduce pollution, and provide significant benefits to the

economy. Notably, the benefits of Dustin Neibaur-Huntington’s proposed operation of the

DJI Phantom 3 Professionaland DJI Inspire 1 UASs will be realized without implicating

any privacy issues.

1. The Public Will Benefit From Decreased Congestion Of The NAS.

The DJI Phantom 3 Professionaland DJI Inspire 1 UAs are 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 DJI Phantom 3 Profes

sionalor DJI 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, by reducing the number of manned aircraft operating in the NAS,

congestion around airports caused by arriving and departing aircraft willbe reduced. The

DJI Phantom 3 Professionaland DJI Inspire 1 UAs do 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 byair traffic control during

the ground, takeoff, departure, arrival, and landing phases of flight operations.

162. The Public Will Benefit From The Safety And Efficiency Of The DJI

Phantom 3 Professionaland DJI Inspire 1 UASs.

Conducting aerial acquisitions with the DJI Phantom 3 Professionaland DJI Inspire

1 UASs, instead of manned aircraft, will greatly benefit the public by drastically reduc

ing 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 DJI Phan

tom 3 Professionaland DJI Inspire 1 UASs produce no air pollution, and is the most viable

environmentally conscious alternative to the cabin class, six cylinder internal combustion

engineaircraft that are typically utilized for aerial video and photography, while burning

approximately 20-30 gallons per hour of leaded aviation fuel. The DJI Phantom 3 Profes

sionaland DJI Inspire 1 UAs, while reducing the carbon footprint of aerial acquisitions,

also eliminates noise pollution, as the UAs are propelled by battery powered electric mo

tors, rather than an internal combustion engine.

By using the DJI Phantom 3 Professionaland DJI Inspire 1 UASs 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 substantial

ly reduced or completely eliminated. Aside from the lack of flight crew members located

onboard the aircraft, the DJI Phantom 3 Professionaland DJI Inspire 1 UAs (weighing ap

proximately 2 pounds 11 ounces and 6 pounds 7.5 ounces respectively, at their maximum

gross weights with lengths of 16 inches and 17.3 inches respectively, widths of 16 inches

and 17.7 inches respectively, and with no fuel on board), has less physical potential for col

lateral damage to life and property on the ground, and in the air, compared to the manned

aircraft that typically conduct similar operations (weighing approximately

176,000 pounds with a wingspan of approximately 42 feet, a length of 34 feet, and a fuel

capacity of 180 gallons).

3. Performing Aerial Video and Photography Operations With The DJI Phan

tom 3 Professionaland DJI Inspire 1 UASs Will Benefit The Economy.

In addition to being safe and efficient, theDJI Phantom 3 Professionaland DJI In

spire 1 UASs are also an economical alternative to using manned aircraft to conduct simi

lar aerial operations. As such, operation of the DJI Phantom 3 Professionaland DJI Inspire

1 UASs will allow United States based companies, like Dustin Neibaur-Huntington , 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 DJI Phantom 3 Professionaland DJI Inspire 1 UASs is one such technology that

not only allows companies greater operational flexibility compared to manned aircraft, but

provides such flexibility without the high operational cost of a traditional manned aircraft.

By operating the DJI Phantom 3 Professionaland DJI Inspire 1UASs, companies

such as Dustin Neibaur-Huntington

, can remaincompetitive and profitable, and therefore,

provide greater job stability to employees and contractors, which will ultimately contrib

ute to growth of the U.S. economy. Improved financial performance of U.S. companies,

through commercial use of the DJI Phantom 3 Professionaland DJI Inspire 1UASs, pro

vides 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.

18Similar to the manned aerial acquisition flight operations that have been conducted for de

cades, Dustin Neibaur-Huntington’s proposed operation of the DJI Phantom 3 Professiona

land DJI Inspire 1 UASs will not implicate any privacy issues. Specifically, the DJI Phantom

3 Professionaland DJI Inspire 1 UASs will be operated only in compliance with operating

documents (i.e., the Dustin Neibaur-Huntington Aerial Operations Manual, Monthly Main

tenance Log, and DJI Phantom 3 Professionaland DJI Inspire 1 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 require

ments of 14 C.F.R. § 91.119.

E. The Reasons Why Granting The Exemption Would Not Adversely Affect Safety, Or

How The Exemption Would Provide A Level Of Safety At Least Equal To That Pro

vided By The Rule From Which Dustin Neibaur-Huntington Seeks Exemption.

1. Reasons Why The DJI Phantom 3 Professionaland DJI Inspire 1 UAsMeet

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, Dustin Neibaur-Huntington’s operation of the

DJI Phantom 3 Professionaland DJI Inspire 1 UASsmeet 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 certifi

cation 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 lat

er than 180 days after the date of enactment of this Act, the Secretary of Trans

portation shall determine if certain unmanned aircraft systems may

19operate safely in the national airspace system before completion of the plan and

rulemaking required by section 332 of this Act or the guidance required by sec

tion 334 of this Act.

(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 populat

ed 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 airworthi

ness 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 air

space system, the Secretary shall establish requirements for the safe operation of

such aircraft systems in the national airspace system.

In seeking this exemption, Dustin Neibaur-Huntington submits that the DJI Phantom

3 Professionaland DJI Inspire 1UASs can operate safely in the NAS pursuant to FMRA

Section 333, as demonstrated by: (a) the characteristics of the DJI Phantom 3 Professional

and DJI Inspire 1 UASs; (b) the pilot certification requirement; and (c) the specific operat

ing limitations.

a. The Specifications Of The DJI Phantom 3 Professionaland DJI Inspire 1

UASs Demonstrate Its Safe Characteristics.

The DJI Phantom 3 Professionaland DJI Inspire 1 UASs do 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 Professionaland DJI

Inspire 1UASs.

20The technical specifications of the DJI Phantom 3 Professionaland DJI Inspire 1

UASs are set forth by the DJI Phantom 3 Professionaland DJI Inspire 1 Specifications and

Data Sheet, attached hereto as Exhibit A and B.

ii. The DJI Phantom 3 Professionaland DJI Inspire 1 UASs Autono

mous Flight And Navigation Modes Enable The UASs To Remain

Within A Defined Operational Area.

The DJI Phantom 3 Professionaland DJI Inspire 1 UASs may be operated in both

manual and fully autonomous flight modes. A complete description of the flight and naviga

tional modes of the DJI Phantom 3 Professionaland DJI Inspire 1 UASs is provided at pages

25-35 of the DJI 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 Professionaland DJI Inspire 1 UASs Are De

signed For Automatic Return To Home Point Or Hover In The Event

Of Loss Of The Control Link Or Navigation.

When the Control Link is lost, the DJI Phantom 3 Professionaland DJI Inspire

1 UAswill remain stationary, in flight, for 3 seconds or more. If, after 3 seconds, the DJI

Phantom 3 Professionaland DJI Inspire 1 UAs do not reacquire control link data from the

GCS, the UAs will assume that the Control Link is lost and the UAs will return to the home

position (i.e., failsafe mode) via GPS, and will descend to the takeoff position and shut

down.

A complete description of the Failsafe Functions of the DJI Phantom 3 Professional

UAS are set forth at pages 27 through 29 and for the DJI Inspire 1 at pages 13 through 15 of

the DJI Phantom 3 Professionaland DJI Inspire 1 User Manuals, attached hereto as Exhibit

C and D.

iv. The DJI Phantom 3 Professionaland DJI Inspire 1 GCS And Its

Operation.

21A complete description of the operation and specifications of the DJI Phantom

3 Professionaland DJI Inspire 1 GCS and flight control software is provided at pages 32

through 43 of the DJI Phantom 3 ProfessionalUser Manual and pages 40 through 47 of the

DJI Inspire 1 User Manual. DJI Phantom 3 Professionaland DJI Inspire 1User Manuals are

attached hereto as Exhibits C and D.

b. Flight Operations Of DJI Phantom 3 Professionaland DJI Inspire 1

UASs Are Limited To The Line Of Sight Of A Certificated Pilot in

Command With A Safety Observer.

Dustin Neibaur-Huntington will only utilize certificated pilots who possess a current

and valid airman medical certificate to act as a pilot in command (PIC) of the DJI Phantom

3 Professionaland DJI Inspire 1 UASs. Additionally, a safety observer will assist all pilots

during flight time.

c. Flights Of DJI Phantom 3 Professionaland DJI Inspire 1UASs Will Be

Conducted Pursuant To Specific Operating Limitations.

In seeking this exemption, Dustin Neibaur-Huntington proposes to commercially

operate DJI Phantom 3 Professionaland DJI Inspire1UASs for the special purpose of con

ducting aerial video and photography over certain areas of United States, pursuant to the

following specific operating limitations:

1. Operations authorized by this grant of exemption will be limited to the following

aircraft described in the operating documents, rotorcraft UASs weighing less than

55 pounds maximum gross weight: DJI Phantom 3 Professionaland DJI Inspire

1Unmanned Aircraft Systems. Proposed operations of any other aircraft will re

quire 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 UAs may not be flown at an indicated airspeed exceeding 20 knots.

4. The UA mustbe operated at an altitude of no more than 500 feet above ground

level (AGL), as indicated by the procedures specified in the operating

22documents unless a special request is made and approved by ATC. All altitudes

reported to ATC must be in feet AGL.

5.The UAs 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 de

vice other than corrective lenses, as specified on the PIC’s FAA-issued airman

medical certificate.

6. The use of first person view (FPV) by the PIC or safety observer (SO) is not

permitted.

7. All operations must utilize a safety observer (SO). The SO may be used to satis

fy 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. Electron

ic messaging or textingis 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. If a dis

crepancy exists between the conditions and limitations contained in the grant of

exemption and the procedures outlined in the operating documents, the condi

tions and limitations contained in the grant of exemption take precedence and

must be followed. Otherwise, the operator must follow the procedures as out

lined 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 con

dition 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 neces

sary 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 preflightin

spection. All maintenance and alterations must be properly documented in the

aircraft records.

2311. Any UAS that has undergone maintenance or alterations that affect the UAS

operation or flight characteristics, e.g. replacement of a flight critical compo

nent, must undergo a functional test flight. The PIC who conducts the function

al 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 rele

vant sections of the operating documents.

13. The operator must follow the UAS manufacturer’s aircraft/component, mainte

nance, 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, in

spection, alterations, and status of replacement/overhaul component parts must

be noted in the aircraft records, includingtotal time in service, description of

work accomplished, and the signature of the authorized person returning the

UAS to service.

15. Each UASs operated under this exemption must comply with all manufacturer

Safety Bulletins.

16. The authorized personmust make an entry in the aircraft record of the correc

tive action taken against discrepancies discovered between inspections.

17. The PIC must possess at least a private pilot certificate and at least a current

third-class medical certificate.

18. The operator may not permit any PIC to operate unless the PIC meets the

operator’s qualification criteria and demonstrates the ability to safely oper

ate 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 qual

ification 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. §

1.1. 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.

2420. 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 agree

ment 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 Adminis

trator upon request.

21. The UA may not be operated less than 500 feet below or less than 2,000 feet

horizontally from a cloud or when visibility is less than 3 statute miles from the

PIC.

22. If the UA loses communications or loses its GPS signal, it must return to a

pre-determined location within the planned operating area and land or be recov

ered 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 fore

cast 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 No

tice 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 identi

fication (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 Commis

sion (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 avail

able 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 enforcementofficial upon request.

29. The UA must remain clear and yield the right of way to all manned aviation

operations and activities at all times.

2530. The UAS may not be operated by 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:

a. Barriers or structures are present that sufficiently protect nonparticipat

ing 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 per

mission 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 persons

do not present an undue hazard to thosepersons 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 ob

tained 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. Acci

dents 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.

Dustin Neibaur-Huntington submits that the equivalent level of safety established

by Section 61.113(a) and (b) will be maintained because no PIC will be allowed to operate

the DJI Phantom 3 Professionaland DJI Inspire 1UASs unless that PIC has demonstrated,

by meeting minimum flight-hour and currency requirements, that the PIC is able to safely

operate the DJI Phantom 3 ProfessionalorDJI Inspire 1UAS in a manner consistent with

26the exemption, including evasive and emergency maneuvers and maintaining appropriate

distances from people, vessels, vehicles and structures.

Considering Dustin Neibaur-Huntington’s proposed area of operations, and the op

erating limitations set forth-above; the parallel nature of private pilot aeronautical knowl

edge requirements to those of commercial pilot requirements (See Exemption No. 11062);

and the airmanship skills necessary to safely operate the DJI Phantom 3 ProfessionalorDJI

Inspire 1UAS, Dustin Neibaur-Huntington submits that the additional manned airmanship

experience of a commercially certificated pilot would not correlate to the airmanship skills

necessary for Dustin Neibaur-Huntington’s 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, 11158, 11159, 11160, 11161).

Dustin Neibaur-Huntington will not allow any PIC to operate the DJI Phantom 3

Professional orDJI Inspire 1 UAS unless that PIC has demonstrated, by meeting minimum

flight-hour requirements or the DJI Phantom 3 ProfessionalorDJI Inspire 1UAS training

and currency requirements, that the PIC is able to safely operate the DJI Phantom 3 Pro

fessionalorDJI Inspire 1UAS in a manner consistent with this exemption, including eva

sive and emergency maneuvers and maintaining appropriate distances from people, ves

sels, 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 mini

mum of 5 hours of those hours as a UAS pilot operating the same make and model of

27UAS 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).

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 Dustin Neibaur-Huntington’s proposed operations. The Administrator has

held that prior documented flight experience that was obtained in compliance with applica

ble 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 similar operations), the PIC must have

accumulated and logged, in a manner consistent with 14 CFR 61.51(b), 25 hours

of total time as a UAS rotorcraft pilot including at least 10 hours logged as a UAS

pilot with a multi-rotor UAS. Prior to operations under Exemption No. 11062, the

PIC must also have accumulated and logged a minimum of 5 hours as a UAS pilot

operating the same make and model of UAS to be used for operations under the ex

emption. 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 purpos

es). The FAA finds that at a minimum, the flight-hour requirements in Exemption

No. 11062 are appropriate to practice and build proficiency in the skills necessary

to safely conduct the petitioner’s proposed operations. The FAA also finds that prior

documented flight experience that was obtained in compliance with applicable reg

ulations would satisfy this requirement. Training, proficiency, and experience-build

ing 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.

Accordingly, Dustin Neibaur-Huntington will ensure safe operations by not allowing

any PIC to operate the DJI Phantom 3 ProfessionalorDJI Inspire 1UAS unless that PIC has

demonstrated, by meeting minimum flight-hour and currency requirements, that the PIC is

able to safely operate the DJI Phantom 3 Professional or DJI Inspire 1 UAS in a manner

28consistent with the exemption, including evasive and emergency maneuvers and

maintaining appropriate distances from people, vessels, vehicles and structures.

3. Reasons Why An Exemption From The Requirements Of Section 91.7(a)

Would Not Adversely Affect Safety.

The equivalent level of safety established by Section 91.7(a) will be maintained be

cause prior to every flight, Dustin Neibaur-Huntington will ensure that the DJI Phantom 3

ProfessionalorDJI Inspire 1UAS is in an airworthy condition based upon the UAS’s com

pliance 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 by Section 91.121 will be maintained

because the altitude information of the DJI Phantom 3 Professionaland DJI Inspire 1UAs

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 Dustin Neibaur-Huntington ’s operation

of the DJI Phantom 3 Professionaland DJI Inspire 1UAs within visual line of sight, at or

below 500 feet AGL, will ensure a level of safety equivalent to Section 91.121. The alti

tude information will be generated by GPS equipment installed onboard the aircraft. Prior

to each flight, a zero altitude initiation point is automatically established by the UASs at

ground level.

29The FAA has previously granted relief from Section 91.121 specific to UAS, in cir

cumstances 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. 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 DJI

Phantom 3 Professionaland DJI Inspire 1 UASs; (2) the limitations on the proposed flight

operations; and (3) the location of the proposed flight operations. Accordingly, Dustin Nei

baur-Huntington will ensure that it will safely operate the battery powered DJI Phantom 3

Professionaland DJI Inspire 1UAs during daylight hours in VFR conditions, with enough

battery power to fly for a total duration of 13.5 minutes to the first point of intended land

ing 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 DJI Phantom

3 Professionaland DJI Inspire 1UASs; the limitations on the proposed flight operations;

and the location of the proposed operations, will ensure an equivalent level of safety es

tablished by 14 C.F.R. Section 91.151(b). Furthermore, safety will be ensured as the DJI

Phantom 3 Professionaland DJI Inspire 1UASs provide audible and visual warnings to the

PIC at the GCS when the UAs experiences low battery voltage, the first warning occurring

at approximately 33% remaining battery power, and again at approximately 10% remain

ing battery power. At the critically low battery level, the DJI Phantom Vision+ and DJI

Inspire 1 UASs will descend and land automatically.

30Significantly, previous exemptions granted by the FAA concerning Section 91.151

establish that safety is not adversely affected when the technical characteristics and oper

ating limitations of the UAS are considered. Relief has been granted for manned 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 present

ed 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, Dustin Neibaur-Huntington submits that the equivalent

level of safety with regard to the regulatory maintenance and alteration requirements estab

lished by Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b) will

be met because Dustin Neibaur-Huntington will use trained technicians to perform mainte

nance, alterations, or preventive maintenance on the UASs using the methods, techniques,

and practices prescribed in the operating documents (i.e., the Dustin Neibaur-Huntingto

Aerial Operations Manual, Monthly Maintenance Log, and DJI Phantom 3 Professionaland

DJI Inspire 1 Instruction Manual). Furthermore, Dustin Neibaur-Huntington will document

and maintain all maintenance records for the DJI Phantom 3 Professionaland DJI Inspire 1

UASs.

Since the DJI Phantom 3 Professionaland DJI Inspire 1 UASs will be inspected as

prescribed by the operating documents, Dustin Neibaur-Huntington will maintain the equiv

alent level of safety established by Sections 91.405(a), 91.409(a)(1), and 91.409(a)(2). A

copy of the DJI Phantom 3 Professionaland DJI Inspire 1 User Manuals are attached hereto

31C and D; a copy of the DJI Phantom 3 Professionaland DJI Inspire 1 UAS Maintenance

LOG is attached hereto as Exhibit E.

Likewise, the exemption sought will not adversely affect safety because Dustin Nei

baur-Huntington will use trained technicians to perform maintenance, alterations or preven

tive maintenance on the UAS using the methods, techniques, and practices prescribed by

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

DJI Phantom 3 Professionaland DJI Inspire 1 UASs will be performed by trained techni

cians. Maintenance will be documented and maintained utilizing the monthly maintenance

log.

Significantly, previous exemptions granted by the FAA concerning Sections

91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b) establish that safety is

not adversely affected when the technical characteristics and operating limitations of the

UAS are considered.

In consideration of Dustin Neibaur-Huntington ’s proposed operating limitations,

the operating documents, and the technical aspects of the DJI Phantom 3 Professionaland

DJI Inspire 1 UASs, Dustin Neibaur-Huntington 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).

327. The FAA May Prescribe Any Other Conditions For Safe Operation.

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, Dustin Neibaur-Huntington

requests that the FAA prescribe special conditions for the intended operation of the DJI

Phantom 3 Professionaland DJI Inspire 1 UASs, which contain such safety standards that

the Administrator finds necessary to establish a level of safety equivalent tothat estab

lished 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 spe

cial conditions will permit safe operation of the UAs 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 op

eration 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 DJI Phantom 3 Professionaland DJI Inspire 1 UASs, 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 propel

ler because of a novel or unusual design 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

33FAA finds necessary to establish a level of safety equivalent to 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 Leading Edge’s intended operation of the DJI Phan

tom 3 Professionaland DJI Inspire 1 UASs, 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 Dustin Neibaur-Huntington Seeks Exemption:

Dustin Neibaur-Huntington seeks exemption from the requirements of 14 C.F.R Sec

tions 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 Dustin Neibaur-Hunting

ton Seeks:

This exemption will permit Dustin Neibaur-Huntington 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 Dustin

Neibaur-Huntington ’s 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, Dustin Neibaur-Huntington ’s 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.

34FMRA 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.

As discussed in detail above, Dustin Neibaur-Huntington will operate the DJI Phan

tom 3 Professionaland DJI Inspire 1 UASs 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, Dustin Neibaur-Huntington 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 DJI Phantom 3 Professionaland DJI In

spire 1 UASs commercially, without an airworthiness certificate, for the limited purpose of

conducting aerial video and photography over certain areas of the United States. By grant

ing 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 pub

lic, byallowing Dustin Neibaur-Huntington to safely, efficiently, and economically operate

the DJI Phantom 3 Professionaland DJI Inspire 1 UASs commercially within the NAS.

WHEREFORE

, in accordance with the Federal Aviation Regulations and the FAA

Modernization and Reform Act of 2012, Section 333, Dustin Neibaur-Huntington respectful

ly 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 DJI

Phantom 3 Professionaland DJI Inspire 1 UASs commercially for the purpose of

35conducting aerial video and photography over certain areas of the United States.

Dated: December 15th, 2015

Respectfully submitted,

Dustin Neibaur-Huntington

9663 Santa Monica Blvd

STE. 626

Beverly Hills, CA 90210

Tel: (310)993-8914

Appendic es:

A –DJI Phantom 3 ProfessionalSpecifications Data Sheet

B –DJI Inspire 1 Specifications Data Sheet

C –DJI Phantom 3 ProfessionalManufacturer’s User Manual

D –DJI Inspire 1 Manufacturer’s User Manual

E –Monthly Maintenance Log

36APPENDIX –A

DJI PHANTOM 3PROFESSIONALTECHNICAL SPECIFICATIONS

Dustin Neibaur-Huntington only utilizes safe and reliable UASs. DJI is an industry leader

in small UAS production. DJI UASs are 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 re

al-time altitude and location information to the PIC via the linked monitor (smart phone/

tablet devices)

1.1 DJI Phantom 3 Professional

1.1.1 Aircraft

1.1.1.1 Supported Battery –DJI 5200mAH LiPo Battery

1.1.1.2 Weight (Battery & Propellers Included) –2.82lbs (1280g)

1.1.1.3 Hover Accuracy (Ready to Fly) –Vertical: .5m; Horizontal: 1.5m

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 –5m/s

1.1.1.7 Max Descent Speed –3m/s

1.1.1.8 Max Flight Speed –16m/s (NOT RECOMMENDED)

1.1.2 Gimbal

1.1.2.1 Working Current –Static: 750mA; Dynamic: 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”

371.1.3.3 Effective Pixels –14M

1.1.3.4 Resolution –4384x3288

4.1.3.5 HD Video Recording –1080p30 & 720p

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

1.1.4.2Communication 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 –120mA@3.7V

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 –2W

38APPENDIX –B

DJI INSPIRE 1 TECHNICAL SPECIFICATIONS

Dustin Neibaur-Huntington only utilizes safe and reliable UASs. DJI is an industry leader

in small UAS production. DJI UASs are loaded with ground breaking software enabling

the user to set parameters which will not allow flight into controlled airspace. Parameters

can also be setto 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 re

al-time altitude and location information to the PIC via the linked monitor (smart phone/

tablet devices)

2.2 DJI Inspire 1

2.2.1 Aircraft

2.2.1.1 Model – T600

2.2.1.2 Weight (Battery Included) – 6lbs 7.5291oz (2935g)

2.2.1.3 Hovering Accuracy (GPS Mode) – Vertical: 0.5m; Horizontal: 2.5m

2.2.1.4 Max Angular Velocity – Pitch: 3000/s; Yaw: 1500/s

2.2.1.5 Max Tilt Angle - 350

2.2.1.6 Max Ascent Speed – 5m/s

2.2.1.7 Max Descent Speed – 4m/s

2.2.1.8 Max Speed – 22m/s (ATTI mode, no wind – NOT RECOMMENDED)

2.2.1.9 Max Flight Altitude – 4500m

2.2.1.10 Max Wind Resistance – 10m/s

2.2.1.11 Max Flight Time – Approximately 18 minutes

2.2.1.12 Motor Model – DJI 3510

2.2.1.13 Propeller Model – DJI 1345

2.2.1.14 Operating Temperature Range – 140F to 1040F (-100C to 400C)

2.2.1.15 Dimensions – 17 1⁄4” x 17 3⁄4” x 12”

2.2.2 Gimbal

2.2.2.1 Model – ZENMUSE X3

392.2.2.2 Output Power (with camera) – Static: 9W; In Motion: 11W

2.2.2.3 Operating Current – Static: 750mA; In Motion: 900mA

2.2.2.4 Angular Vibration Range - ±0.030

2.2.2.5 Mounting – Detachable

2.2.2.6 Controllable Range – Pitch: -900 to +300; Pan: ±3200

2.2.2.7 Mechanical Range – Pitch: -1250 to 450; Pan: ±3300

2.2.2.8 Max Controllable Speed – Pitch: 1200/s; Pan: 1800/s

2.2.3 Camera

2.2.3.1 Name – X3

2.2.3.2 Model – FC350

2.2.3.3 Total Pixels – 12.76M

2.2.3.4 Effective Pixels – 12.4M

2.2.3.5 Image Max Size – 4000x3000

2.2.3.6 ISO Range – 100-3200

2.2.3.7 Field of View - 940

2.2.3.8 CMOS – Sony EXMOR 1/2.3”

2.2.3.9 HD Video Recording – UHD(4K): 4096x2160p24/25,

3840x2160p24/25/30; FHD: 1920x1080p24/25/30/48/50/60; HD:

1280x720p24/25/30/48/50/60

2.2.3.10 Operating Temperature Range - 320F - 1040F (00C - 400C)

2.2.4 Transmitter

2.2.4.1 Name – C1

2.2.4.2 Operating Frequency – 5.728-5.850GHz; 2.400-2.483GHz

2.2.4.3 Communicating Distance (unobstructed) – 2000m

2.2.4.4 Output Power – 9W

2.2.4.5 Operating Temperature Range - 140F to 1040F (-100C to 400C)

2.2.4.6 Battery – 600mAh LiPo 2S

40APPENDIX –C

DJI Phantom 3 ProfessionalManufacturer’s User Manual

https://dl.djicdn.com/downloads/phantom_3/en/Phan

tom_3_Professional_User_Manual__V1.6.pdf

41APPENDIX –D

DJI Inspire 1 Manufacturer’s User Manual

http://download.dji-innovations.com/downloads/in

- spire_1/en/Inspire_1_User_Manual_v1.0_en.pdf

42UAS$#:$___________

Software(Updates

Airframe(

Engines

Propellers

Camera(Gimbal

Landing(Gear

Vibration(Dampening

Other: Date(Issue(

Discovered Date(Issue(

Addressed YEE H E GC G I GI I I I month:_________(year:________

GI I I

GI G I APPENDIX –E

MONTHLY MAINTENANCE LOG

4344