1

August 6, 2015
Attn: U. S. Department of Transportation Docket Operations West Building Ground Floor, Room w12 -140 1200 New Jersey

Ave, SE Washington, DC 20590

RE: JUDY CRAVY dba JC PHOTOGRAPHY REQUEST AN EXEMPTION FROM THE REQUIREMENTS OF TI TLE 14 OF THE CODE OF FEDERAL REGULATIONS SECTI ONS 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 DJ IP hantom 3 UNMANNED AIRCRAFT SYSTEMS PURSUANT TO SE CTION 333 OF THE FAA MODERNIZATION AND REFORM ACT OF 2012 (PUBLIC LAW 112 -95)

Judy Cravy Own er JUDY CRAVY dba JC PHOTOGRAPHY 2027 James Rd Sevierville, TN 37876 ( 8 65) 654-3946 y ourjcp@gmail.com2 **TABLE OF CONTENTS** Page GLOSSARY OF ABBREVIATIONS...................................................................................3

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

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

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

BASI S FOR PETITION.........................................................................................................5

NAME AND ADDRESS OF PETIT IO NER.......................

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

THE SPECI FI C SECTIONS OF 14 C.F.R

. FROM WHI CH JC PHOTOGRAPHY SEEKS EX EMPTI ON........................................

........................................... ... ..... .......... ....... 7 THE EXTENT OF RELIEF JC PHOTOGRAPHY SEEKS AND THE REASON JC PHOTOGRAPHY SEEKS THE RE LIEF........

............................................ ...................10 THE REASONS WHY GRANTING JC PHOTOGRAPHY'S REQUEST WOUL D BE INTHE PUBLIC INTEREST ................................... .........................................................12 THE REASONS WHY GRANTING THE EXEMPTI ON TO JC PHOTOGRAPHY WOULD NOT ADVE RSELY AFFECT SAFETY..........................................

......... ....... .... 1 4 SUMMARY THAT CAN BE PUBLISHED IN THE FEDERAL REGI STER....

.......... .. . .. 25 ANY ADDITIONAL INFORMATION, VIEWS, OR ARGUMENTS AVAILABLE TO SUPPORT JC PHOTOGRAPHY'S RE QUEST...

............................. ................ ..................25 CONCLUSION............................................................................................................

. ........ 2 5 APPENDI CES............................................................... .......................... 263 **GLOSSARY OF ABBREVIATIONS** AGL Above Ground Level AOI Area of Interest ATC Air Traffic Control ATO Air Traffic Organization AV Aerial Vehicle CFR Code of Federal Regulations COA Certificate of Authorization FAA Federal Aviation Administration FAR Federal Aviation Regulation GCS Ground Control Station GPS Global Positioning System LOL Loss of Link NAS National Airspace Sy stem NOTAM Notice to Airman PI C Pilot In Command Section 333 FAA Modernizatio n and Reform Act of 2012 (FMRA) SO Safety Observer SOP Standard Operating Procedure s UA Unmanned Aircraft UAS Unmanned Aircraft Sy stem VFR Visual Flight Rules VLOS Visual L ine of Site VMC Visual Meteorological Conditions VTOL Vertical Takeoff and Landing4 **SUMMARY** JUDY CRAVY dba JC PHOTOGRAPHY hereafter r eferred to as JC PHOTOGRAPHY seeks exemption from the requirements of 14 C.F.R § § 6 1

. 1 1 3 (a) & (b ), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 9 1

. 4 09(a)(1) & (a)(2), and 9 1

. 4 1 7 ( a) & (b), to o perate an Unmanned Aircraft Sy stem (D JI Phantom 3) p ursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (FMRA). This exemption will permit JC PHOTOGRAPHY to operate an Unmanned Aircraft Sy stem (UAS) for the commercial purpose o f conducting aerial v ideo and p h otography o f construction sites, residential and commercial real estate, civil landscape s and events over certain areas of the United States.

**INTRODUCTION AND INTERESTS OF THE PETITIONER** JC PHOTOGRAPHYhas for over ten y ear s p ro v id ed their clients with expertise and kn owledge in digital photogr aphs to be used in their mu lti media mark eting , advertising , and public r elations JC PHOTOGRAPHY h as worked on hundreds o f p roductions o v er the past 10 ye ars in all type s o f lo catio n s with a p erfect client an d employ ee safety r ecord

. In the pas t we have suppl ied our clients with arial p h otography u sin g h igh lift commercial platforms

. The ob jective o f JC PHOTOGRAPHY an d o ur Unmanned Aircraft Sy stem (DJI Phantom 3) aerial operations is to p rovide a mo r e affordable , h igh -qu ality production sy stem fo r a variety o f commercial, public , an d residential uses, specificallytargeting

• Rental Property marketing photography for websites.

• Appraisals

• Real

- estate marketing

• Construction sites before and after

• Historic landmarks

• Special event coverage

• Custom arial photographs of p rivateproperty
My staff has safely flown small RC electric quadcopters recreationally for approximately 2 months without incident. **BACKGROUND**

Unmanned Aircraft Sy stems: DJIPhantom 3 , UAS JC PHOTOGRAPHY seeks an exemption to o perate DJI Phantom 3 sy stem for compensation or hire with in the NAS. The DJI Phantom 3 is v ertical takeoff and landing (VTOL) Unmanned Aircraft (UA) with a Ground C o ntrol Station (GCS) utilizing electronic tablet or smart p h o ne sy stems. The DJIP hantom 3 has a maximum gross weight of approximately 2.8 lb. while having a diagonal dimension of 23.2”, a maximum speed of approximately 16.4’fps and a maximum fly ing h eight o f 400'

. The DJI Phantom 3 is equipped with four main rotors; driven by L ithium Polymer batterypowered electric motors.5

The DJI Ph antom 3 th at will b e op erated b y JC PHOTOGRAPHY will be registered in accordance with 49 U. S. C

. 44103, Registration of Aircraft , as well as 14 C.F.R Part 47, Aircraft Registration , an d marked in accordance with 14 C.F.R. Part 45, Identification and Registration M a rking

.

**BASIS FOR PETITION** Petitioner, JC PHOTOGRAPHY , p ursuant to the p rovisions of the Federal Aviatio n Regulations (14 C

. F.R. § 1 1

. 6 1 ) and the FAA Mo d ernization and Reform Act of 2012 (FMRA), Section 333, S pecial Rules fo r Certain Unmanned Aircraft S ystems , hereb y petitions the Administrator to commerciallyoperate the DJ I Ph antom 3, UAS in the National Airsp ace Sy stem (NAS), and fo r an exemption f

ro m the requirements o f 14 C.F.R §§ 6 1

. 1 1 3 ( a) & (b ) , 91 .7 (a), 91 .1 21 , 9 1. 15 1(b), 9 1

. 4 0 5 (a), 91 .407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b).
In co n sid eration o f th e sp eed, weight, size, an d limited o p erating ar ea associated with the
unmanned aircraft an d its o peration, JC PHOTOGRAPHY o p eration o f DJI Phantom 3 UAS meets the conditio n s o f

FMRA Sectio n333 and theref or e, will not require an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H. Accordingly, JC PHOTOGRAPHY requests relief f ro m Sections 91.405(a), 9 1 .407(a)(1), 9 1

. 4 0 9(a)(1) & (a)(2), and 91.4 17(a) & (b ) , as these sections set forth requir ements for maintenance that only apply to aircraft with an airworthiness certificate. JC PHOTOGRAPHY submits that the req u ested relief is proper since an equivalent level o f safety will be ensured. JC PHOTOGRAPHY will use experienced personnel or technicians to p erform maintenance, alterations, or preventiv e maintenance on the UAS using the methods, techniques, an d p ractices p r escribed in the o p erating documents ( i.e., Monthly Maintenance Lo g, an d DJI P hantom 3 In struction Manual). Furthermore, JC PHOTOGRAPHY will document and maintain all maintenance records for the DJ I Phantom 3 UAS.
Relief f ro m certain requirements o f Section 6 1

. 1 1 3 (a) and (b), entitled Private pilo t privileges and limi tations: Pilot in co mmand, is req u ested by JC PHOTOGRAPHY to the extent necessary to allow a Pilo t inC o mman d(PI C ) holding a priv ate pilot or high er level certificate, as well as an airman medical certificate, and wh o has d emonstrated, bym eeting mi n imum flight -h o ur and currencyr equirements, that the PI C is ab le to safelyoperate the DJIPhantom UAS in a manner consistent with this exemption, including ev asiv e and emergencym aneuvers and maintaining appropriate distances from people, vessels, vehic les and structures. JC PHOTOGRAPHY seeks r elief from Section 91.7(a), entitled Civil aircraft a irworthiness , b ecause th e DJIP hantom 3 UAS do n ot require an air worthiness certificate in accordance with 14 C.F.R

. Part 21, Subpart H. As su ch , JC PHOTOGRAPHY submits that they will ensure that th e DJI Phantom 3 UAS is in an airworthy co n ditio n , p rior to every flight, byd etermining that th e UAS are in compliance with th e o p erating d o cuments (i.e., Month lyMaintenance Log , and DJI Ph antom 3 Instruction Manu al), and that th e aircraft are in a condition for saf e flight.6

JC PHOTOGRAPHY also seeks an exemption from the requirements of Section91 .1 21, entitled Altimeter S

ettings , as the DJI Phantom 3 UAS will n ot have a typ ical barometric altimeter
o nboard. However, altitude information of the DJI Phantom 3 UAS will be provided to the PI C
v ia Global Positioning Sy stem (GPS) equipment an d radio communications telemetry data link, wh ich downlinks from the UA to the GCS for active monitoring o f the flight path. This altitude information, combined with JC PHOTOGRAPHY'S o p eration of the DJI Ph antom 3 UAS within
v isu al line of sight, at o r b elow 400 f eet AGL, will ensure a level o f safety equiv alent to Section 9 1

. 121. Additionally , JC PHOTOGRAPHY seeks an exemption from the requirements of Section 9 1.151(b), entitled Fuel requirements for flight in VFR conditions

. JC PHOTOGRAPHY submits that safetyw ill not b e affected byo peration o f the DJI Phantom 3 UAS during day light hours in
v isu al meteorological conditions (VMC) under v isual flight r u les (VFR), with enough b attery p o wer to f

lyf or a total d

ur ation of approximately 23 minutes

. B atteryp ower indicators are also able to show exactlyh ow much batteryp ower is left, as well as how much time is needed to return safely back to point of take off.
In accordance with 14 C.F.R. § 11.81, JC PHOTOGRAPHY p rovides 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: Judy Cravy Owner JUDY CRAVY dba JC PHOTOGRAPHY 2027 James Rd Sevierville, TN 37876 (865) 654-3946 yourjcp@gmail.com7

**B**
**. T**  **he Specific**  **Sections Of**  **14 C.**  **F.R. From**  **Which** JC PHOTOGRAPHY **Seeks E**  **x emption.**  **1.** JC PHOTOGRAPHY **Seeks E**  **xemption 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 a ct as a pilot in command (PI C) of an aircraft that is carryi ng passengers or property for compensation or hire; nor may that person, for compensation or hire, act as PI C of an aircraft. (b) A private pilot may , for compensation or hire, act as PI C of an aircraft in connection with any business or emplo ym ent if

— (1) The flight is only

incidental to that business or employ ment; and (2) The aircraft does not carry passengers or property

for compensation or hire.
**2.** JC PHOTOGRAPHY **Seeks E**  **xemption From**  **The Requirements**  **Of Section**  **91.7(a).** Section 91.7, entitled Civil aircraft airworthiness , subsection (a), states the following: (a) No person may

operate a civil aircraft unless it is in an airworthy condition. **3.** JC PHOTOGRAPHY **Seeks E**  **xemption 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 b e, by reference to an altimeter that is set, when operating

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

--

(i) The current reported altimeter setting of a station along the route and within 100 nautical 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 alti meter setting of an appropriate available station; or (iii) Inthe case of an aircraft not equipped with a radio, the elevation of the departure airport or an appropriate altimeter setting available before departure.8

**4.** JC PHOTOGRAPHY **Seeks E**  **xemption From**  **The Requirements**  **Of Section**  **91.151(b).** Section 91.151, entitled Fuel requirements for flight in VFR conditions , subsection (b), states the following:

(b ) No person may begin a flight in a rotorcraft under VFR conditions unless (considering wind and forecast weather conditions) there is enough fuel to fly to the first point of intended landing and, assuming normal cruising speed, to fly after that for at least 20 minutes.
**5.** JC PHOTOGRAPHY **Seeks Exemption**  **From The**  **Requirement Of**  **Sect ion**  **91.405(a).** Section 91.405, entitled Maintenance required, subsection (a), states the following: Each owner or operator of an aircraft

— (a) Shall have that aircraft inspected as prescribed in subpart E of this part and shall between required inspecti ons, except as provided in paragraph (c) of this section, have discrepancies repaired as prescribed in part 43 of this chapter[.]
**6.** JC PHOTOGRAPHY **Seeks E**  **xemption 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

o perate any aircraft that has undergone maintenance, preventive maintenance, rebuilding, or alteration unless

-- (1) Ith as be en approved for return to service by ap erson authorized under § 43.7 of this chapter[.]
**7.** J C PHOTOGRAPHY **Seeks Exemption**  **From T**  **he 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 o perate 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 app roved for return to service by a person authorized by

§ 43.7 of this chapter; or (2) An inspection for the issuance of an airworthiness certificate in accordance with part 21 of this chapter.9

**8.** J C PHOTOGRAPHY **Seeks Exemption**  **From T**  **he Requirement**  **s Of**  **Sections 91.417(a) And 91.417(b).**  Section 91.417, entitled Maintenance records , subsections (a) and (b), state the following: (a) Except for work performed in accordance with §§ 91.411 and 91.413, each registered owner or operator shall keep the following records for the periods specified in paragraph (b) of this section: (1) Records of the maintenance, preventive maintenance, and alteration and records of the 100

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

-- (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 applianc e. (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 i nspection 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 safety directive number and rev ision date. If the AD or safety directive involves recurring action, the time and date when the next action is required. (vi) Copies of the forms prescribed by § 4 3.9(d) of this chapter for each major alteration to the airframe and currentl y installed engines, rotors, propellers, and appliances.10 (b) The owner or operator shall retain the following records for the periods prescribed: (1) The records specified in paragraph (a)(1) of this section shall be retained until the work is repeated or superseded by o ther work or for 1 ye ar after the work is performed. (2) The records specified in paragraph (a)(2) of this section sh all be retained and transferred with the aircraft at the time the aircraft is sold. (3) A list of defects furnished to a registered owner or operator under § 43.11 of this chapter shall be retained until the defects are repaired and the aircraft is approved for return to service.

**C. The Extent Of Relief** JC PHOTOGRAPHY **Seeks And T he Reason**  JC PHOTOGRAPHY **Seeks The Relief. 1.**  **E x**  **tent Of**  **Relief** JC PHOTOGRAPHY **Seeks And**  **The Reason**  J C PHOT OGRAPHY **Seeks Relief From Section 61.113(a) And (b).** Relief from Section 61.113(a) and (b) entitled Private pilot privileges and limitations: Pilot in command, is requested to the extent necessary t o allow a PI C holding a private pilot or higher level certificate, as well as a current and valid airman medical certificate, and who has met certain flight

- hour and currency requirements, to conduct the proposed UAS flight operations for compensation or hire. This relief is requested since the limitations set forth in Section 61.113(a) and (b) state that a private pilot may , for compensation or hire, act as PI C of an aircraft in connec tion with an y business or employ

ment if: (1) The flight is onl y incidental to that business or employ ment; and (2) The aircraft does not carry passengers or property

for compensation or hire. As set forth more fully below, JC PHOTOGRAPHY submits th at an equivalent level of safety will b e maintained because no PI C will be allowed to operate the DJIP hantom 3 UAS unless that PI C has met certain flight -h our and currency r equirements, demonstrating that the PI C is able to safely o perate either the DJI Ph antom 3 UAS in a manner consistent with the operations specifications as d escribed in this exemption, including evasive and emergency maneuvers, as well as maintaining appropriate distances from people, vessels, vehicles and structures.

Further, JC PHOTOGRAPHY submits that all flights of the DJI Phantom 3 UAS , conducted by t he PI C p ursuant to the grant of this Petition: (1) will be incidental to JC PHOTOGRAPHY'S business; and (2) will not carryp assengers or property for compensation or hire.11

**2. E**  **x tent**  **Of Relief**  JC PHOTOGRAPHY **Seeks And**  **The Reason**  J C PHOT OGRAPHY **Seeks Relief From Section 91.7(a).**
Relief f ro m Section 91.7(a) entitled Civil a ircraft airworthiness , is requested to the extent required to allow JC PHOTOGRAPHY to determine that the DJI Phantom 3 UAS are in airworthy condition prior to everyf light bye nsuring that the UAS is in compliance with the operating d ocuments (i.e., JC PHOTOGRAPHY Aerial Operations Manual, Monthly Maintenance Lo g, and DJIPh antom 3 Instruction Manual). JC PHOTOGRAPHY seeks the requested relief b ecause the DJI Phantom 3 UAS d o not require
an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H. Therefore, JC PHOTOGRAPHY will ensure that the DJIP hantom 3 UAS are in airworthy condition based upon its compliance with the operating documents ( i.e., MonthlyM aintenance Lo g, and DJI Phantom 3) p rior to every f light, and further, determine that the aircraft are in condition for safe flight, as state d in the conditions and limitations below.

**3. E**  **x tent**  **Of Relief**  J C PHOTOGRAPHY **Seeks And**  **The Reaso**  **n** J C PHOTOGRAPHY **Seeks Relief From Section 91.121.**
Relief from Section 9 1

. 1 2 1 , entitled Altimeter settings , may be required to allow flight
o p erations o f the DJ I Phantom 3 UAS, which utilize a barometric pressure sensor, GPS equipment, and a radio communications telemetry d a ta link to do wnlink altitude information f ro m the UA to the PI C at the gro und control s tation (GCS). Since the FAA requires that any altitude information concerning UAS operations be reported to air traffic control (ATC) in feet above gro un d level (AGL), JC PHOTOGRAPHY seeks the requested relief b ecause the DJI Phantom 3 UA’s altimete r mayb e set on the gro und to zero f eet 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 compl y with the applicable conditions and limitations stated below. As
more fully

s et forth herein, an equivalent level of safety will be maintained since the DJ I Phantom 3 UAS are equipped with a barometric pressure sensor and GPS equipment, which automaticall y 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. E**  **x tent**  **Of Relief**  J C PHOTOGRAPHY **Seeks And**  **The Reaso**  **n** JC PHOTOGRAPHY **Seeks Relief From Section 91.151(**  **b)**
**.** Relief fro m Section 9 1 .151(b) entitled Fuel requirements for f light in VFR conditions , is
r equested to the extent required to allow flights of the b attery po wered DJI Phantom 3 UAS d uring day light hours in v isu al meteorological conditions (VMC), under visu al flight rules (VFR), f o r a total d

ur ation of 23 minutes. JC PHOTOGRAPHY seeks the requested relief b ecause without an exemption from Section 91.151(b), the flight time duration of the12

batteryp owe red DJI Phantom 3 UAS will severely constrain the practicality o f any aerial video
o r still photo f

light o p erations that JC PHOTOGRAPHY proposes to conduct p ur suant to this Petition. Significantly, as set forth b elow, the technical specifications of the DJI Phantom 3 UAS , the DJI Phantom 3 o p erating d ocuments, and JC PHOTOGRAPHY'S p roposed o p erating limitations,
ensure that JC PHOTOGRAPHY will safelyo perate the batteryp owered DJI Phantom 3 UAS during day light h ours in v isual meteorol ogical conditions ( VMC), under visu al flight rules (VFR), with enough batterypower to fly for a total duration of 23 minutes

.

**5. E**  **x tent**  **Of Relief**  J C PHOTOGRAPHY **Seeks And**  **The Reaso**  **n** J C PHOTOGRAPHY **Seeks Relief**  **From Sections**  **9 1.405(a),**  **9 1**  **.407(a)(1), 91.409(a)(1)**  **& (a)(2),**  **And 91.417(a) & (**  **b).** Since Sections 91.405(a), 9 1.407(a)(1), 9 1

. 4 0 9(a)(1) & (a)(2), and 91.417(a) & (b) only apply t o aircraft with an airworthiness certificate, JC PHOTOGRAPHY requests relief from these Sections b ecause the DJI Phantom 3 UAS do not require airworthiness certificates. As set forth
more fully below, the DJI Phantom 3 UAS meet the conditions of FMRA Section 333 for
o peration without an airworthiness certificate

. Accordingly, JC PHOTOGRAPHY will use trained technicians to perform maintenance, alterations, or preventive maintenance on the UAS using the methods, techniques, and practices p rescribed in the UAS o p erating d o cuments (i.e., the JC PHOTOGRAPHY Aerial Operations Manual, MonthlyM aintenance Lo g, and DJI P hantom 3 In struction Manu al). Furthermore, JC PHOTOGRAPHY will document and maintain all maintenance records for the D JI Phantom 3 UAS

.

**D. The**  **Reasons W**  **hy Granting**  JC PHOTOGRAPHY **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 b ya llowing JC PHOTOGRAPHY to safely , efficiently , and economicallyp erform aerial video and photography of construction sites, real estate, events and civic landscape over certain areas of the United States. Additionally , use o f the DJI Phantom 3 UAS will decrease congestion of the NAS, reduce pollution, and p rovide signi ficant b enefits to the economy. Notably, the benefits of JC PHOTOGRAPHY'S p roposed o p eration of the DJI P hantom 3 UAS will be r ealized without implicating any privacyissues.

**1. The Public Will Benefit From Decreased Congestion Of The NAS.** The D JIP hantom 3 UAS are battery p owered and serve as a safe, efficient, and economical alternative to the manned aircraft traditionally utilized to obtain aerial imagery

. By reducing the13

amount of manned aircraft needed to perform aerial acquisitions, an exemption allowing the use of a DJ I Phantom 3 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 will be reduced. The DJ I Phantom 3 UAS do not require an airport to takeoff or land. Li kewise, a reduction of manned aircraft conducting aerial video and photograph y missions would result in fewer aircraft that must be handled by

air traffic control during the ground, takeoff, departure, arrival, and landing phases of flight operations.

**2. The Public Will Benefit From The Safety And Efficiency Of The**  **DJI Phantom 3 UAS.**  Conducting aerial acquisitions with the DJ I Phantom 3 UAS, instead of manned aircraft, will greatl y benefit the public by drastically

r educing the levels of air and noise pollution generated during traditional aerial video and still photography flight operations. By u sing battery

p ower and electric motors, the DJIP hantom 3 UAS produce no air pollution, and is the most viable environmentally

c onscious alternative to the cabin class, six cylinder int ernal combustion engine aircraft that are ty

pically utilized for aerial video and photograph y, while burning approximately 20 -30 gallons per hour of leaded aviation fuel. The DJ I Phantom 3 UAS , while reducing the carbon footprint of aerial acquisitions, al so eliminates noise pollution, as the UAS are propelled by battery powered electric motors, rather than an internal combustion engine. By u sing the DJ I Phantom 3 UAS to perform aerial acquisitions, the substantial risk to life and property in the air and on the ground, which is usually associated with traditional manned aircraft flight operations, will be substantially reduced or completel y eliminated. Aside from the lack of flight crew members located onboard the aircraft, the DJ I Phantom 3 UAS (weighing approximately

2 .8 pounds at their maximum gross weight with diagonal dimension of 23.2 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 that ty pically c onduct similar operations (weighing approximately 6 ,000 pounds with a wingspan of approximately 4 2 feet, a length of 34 feet, and a fuel capacity of 180 gallons). **3. Performing Aerial Video and Photography Operations With The DJI Phantom**  **3 UAS Will Benefit The Economy.** 
In a d dition to b eing safe and efficient, the DJIP hantom 3 UAS are also an economical alternative to u sing manned aircraft to conduct similar aerial op erations. As such, o p eration o f th e DJIP hantom 3 UAS will allo w United States b ased comp anies, like JC PHOTOGRAPHY , to remain comp etitive and co ntribute to gro wth of the U. S. economy . Specifically, with the
risin g co st of aviation f

uel and th e Environmental Protection Agency (“EPA”) regulatory actions phasing o ut leade d aviation f uels, U. S. o wn ed and op erated comp anies must adopt new and alternative technologyi n o rder to remain competitive. Operating the batteryp ower ed DJI Ph antom 3 UAS is o n e such technologyt hat not onlya llows companies greater operational14

flexibil ity c ompared to manned aircraft, but provides such flexibility w ithout the high operational cost of a traditional manned aircraft. Byo perating the DJI Phantom 3 UAS, companies such as JC PHOTOGRAPHY , can remain competitive and p ro f

itable, and ther efore, p rovide greater job stabilityt o employ ees and contractors, which will u ltimatelyc ontribute to growth of the U.S. economy. Improved financial p erformance of U.S. companies, through commercial use of the DJI Phantom 3 UAS, provides a stable work f

o rc e that increases consumer spending; improves local, state, and federal tax
revenu es; and allows companies to inv est in research and development in order to remain competitive both in the United States and abroad.

**4. There Are No Privacy Issues.** Similar to the mann ed aerial acquisition f light o p erations that have been conducted fo r d ecades, JC PHOTOGR

APHY'S p roposed o p eration o f the DJI Phantom 3 UAS will n o t imp licate any p rivacyi ssues. Specifically , th e DJI P hantom 3 UAS will be o perated o n lyi n compliance with o perating d o cuments ( i.e., JC PHOTOGRAPHY Aerial Op eration s Manual, Monthly M aintenance Lo g, an d DJI Ph antom 3 In str u ction Manual) which requires property o wner inv o lvement as well as local law enforcement notification, and in accordance with the Fed eral Av iatio n Regulations, including the min imum altitude requirements o f 14 C.F.R. § 91.119.

**E. T**  **he Reasons**  **W hy**  **Granting T**  **he Exemption**  **Would Not**  **Adversely Affect**  **Safety, Or**  **How T**  **he Exemption**  **Would Provide**  **A Level**  **Of Safety**  **At Least**  **Equal To**  **That Provided**  **B y**  **The Rule From Which** JC PHOTOGRAPHY **Seeks Exemption. 1.**  **Reasons Why**  **The DJI**  **Phantom 3**  **UA S**  **Meet The**  **Conditions Of**  **The FAA**  **Modernization and Reform Act of 2012 (FMRA) Section 333.**
In consideration of the size, weight, sp eed, and limited o p erating area associated with the
unmanned aircraft and its operation, JC PHOTOGR APHY'S o p eration of the DJI Phantom 3 UAS meet the conditions of FMRA Section 333, and will not require an airworthiness certificate i n accordance with 14 C.F.R. Part 21, Subpart H. Section 333 provides authority f or a UAS to operate without airworthiness certification and sets forth requirements for considering whether a UAS will create a hazard to users of the NAS or the public, or otherwise pose a threat to national security . Specificall y, FMRA Section 333 states the following, in part:

(a) In General.

--Notwithstanding any other requirement of this subtitle, and not later than 180 days after the date of enactment of this Act, the Secretary of Transportation shall determine if certain unmanned aircraft systems may operate safely in the national airspace system before completion of the plan and rulemaking required by section 332 of this Act or the guidance required by section 334 of this Act.15 (b ) Assessment of Unmanned Aircraft Systems.

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

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

--If the Secretary determines under this section that certain unmanned aircraft systems may operate safely in the natio nal airspace system, the Secretary shall establish requirements for the safe operation of such aircraft systems in the national airspace system.
In seeking th is exemption, JC PHOTOGRAPHY sub mits that the DJI Phantom 3 UAS can o perate safelyi n th e NAS p ur suant to FMR A Section 333, as d emonstrated by : (a) the characteristics of th e DJI Phantom 3 UAS ; (b) th e pilo t certification requirement; and (c) the specif ic o p er ating limitations. **a. The Specifications Of The DJI Phantom 3 UAS**  **Demonstrate Its Safe Characteristics.**  The DJ I Phantom 3 UAS do es not create a hazard to users of the NAS or the public, or otherwise pose a threat to national security considering its size, weight, speed, and operational capability. **i. Technical Specifications Of The DJI**  **Phantom 3 UAS** 
**.** The technical specifications of the DJIP hantom 3 UAS are set forth by the DJ I Phantom 3 Use r Manual , att ached hereto as Appendix A

. **ii. The DJI Phantom 3 UAS**  **Global Positioning Modes Enable The UAS To Remain**  **Within A Defined Operational Area.**  The DJ I Phantom 3 UAS may be operated in both manual and global positioning flight modes. A complete description of the flight and navigational modes of the DJ I Phantom 3 UAS is provided at pages 11 of the DJ I Phantom 3 User Manual attached hereto as Appendix A

. **iii. The DJI Phantom 3 UAS**  **Are Designed For Automatic Return To Home Point Or Hover In The Event Of Loss Of The Control Link Or Navigation.**  When the Control Li nk is lost, the DJIP hantom 3 UAS will remain stationary , in flight, for 3
secon ds or more. If, after 3 seconds, the DJ I Phantom 3 UAS do es not reacquire control link data from the GCS, the UAS will assume that the Control Li nk is lost and the will return to the home position (i.e., failsafe mode) via GPS, and will descend to the take off position and shutdown.16

A complete description of the Failsaf e Functions of the DJ I Phantom 3 UAS are set forth at pages 12 through 14 of the DJ I Phantom 3 User Manual, attached hereto as Appendix A

. **iv. The DJI Phantom 3**  **GCS And Its Operation.** A complete description of the operation and specifications of the DJIP hantom 3 GCS and flight control software is provided at pages 23 through 29 of the DJ I Phantom 3 User Manual. DJ I Phantom 3 User Manual is att ached hereto as Appendix A

. **b. Flight Op erations Of**  **DJI Phantom 3 UAS Is**  **Limited To The Line Of Sight Of A Certificated Pilot in Command With A Safety Observer.**  JC PHOTOGRAPHY v ideo p roduction staff will be the only person s to act as a pilo t in command ( PI C) o f the DJI P hantom 3 UAS

. Ad ditionally , a safetyo bserver will assist h im at all times during flight time. **c. Flights Of DJI Phantom 3 UAS**  **Will Be Conducted Pursuant To Specific Operating Limitations.**  In seeking this exemption, JC PHOTOGRAPHY p roposes to commercially op erate DJI Phantom 3 UAS f

or the special p ur

pose of conducting 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 f ollowing aircraft described in the operating documents, rotorcraft UAS weighing less than 55 pounds maximum gross weight: DJ I Phantom 3 Unmanned Aircraft Sy stems. Proposed operations of any o ther aircraft will require a new petition or a petition to amend this grant.

2. UAS operations under this exemption will be limited to conducting operations for the purpose of aerial video and photography. 3. The UA S may

not be flown at an indicated airspeed exceeding 20 knots. 4. The UA must be operated at an altitude of no more than 4 00 feet above ground level (AGL), as indicated by

the procedures specified in the operating documents unless a special request is made and approved by A TC. All altitudes reported to ATC must be in feet AGL.
5. The UAS must be operated within v isual line of sight (VLOS) of the PI C at all times. This requires the PI C to be able to use human vision unaided by any d evice other than corrective lenses, as specified on the PI C’s FAA -issued airman medical certificate. 6. The use of first person view ( FPV) by the PI C or safety observer (SO) is not permitted.17 7. All operations must utilize a safety o bserver (SO). The SO may b e used to satisfy the VLOS requirement as long as the PI C alway s maintains VLOS capability . T he SO and PI C must be able to communi cate verball y at all times. Electronic messaging or texting is not permitted during flight operations. The PI C must be designated before the flight and cannot transfer his or her designation for the duration of the flight. The PI C must ensure that the SO c an perform the functions prescribed in the operating documents. 8. The SO must not perform any other duties beyond assisting the PI C 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 discrepancy

e xists between the conditions and limitations contained in the grant of exemption and the procedures outlined in the operating documents, the conditions and limitations contained in the grant of exemption take precedence and must be followed. Otherwise, the operator must follow the procedures as outlined in its operating documents. The operator may u pdate or revise its operating documents. Iti s 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 ex tension 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 b e contacted if questions arise regarding updates or revisions to the operating documents. 10. Prior to each flight the PIC must inspect the UAS to ensure that it is in a condition for safe flight. If the inspection reveals a condition that affects the safe operation of the UAS, the aircraft is prohibited from operating until the necessary maintenance has been performed and the UAS is found to be in a condition for safe flight. The Ground Control Station must be included in the preflight inspection. All maintenance and alterations must be properly documented in the aircraft records. 11. Any UAS that has undergone maintenance or alterations that affect the UAS operation or flight characteristics, e.g. replacement of a flight critical component, must undergo a functional test flight. The PI C who conducts the functional test flight must make an entry

in the aircraft records. 12. The pre

- flight inspection must account for all potential discrepancies, e.g. inoperable components, items, or equipment, not already covered in the relevant sections of the operating documents. 13. The operator must follow the UAS manufacturer’s aircraft/component, maintenance, overhaul, replacement, inspection , and life limit requirements.18 14. The operator must carry out its maintenance, inspections, and record keeping requirements, in accordance with the operating documents. Maintenance, inspection, alterations, and status of replacement/overhaul component parts must be noted in the aircraft records, including total time in service, description of work accomplished, and the signature of the authorized person returning the UAS to service. 15. Each UAS operated under this exemption must comply w ith all manufacturer Safety Bulletins. 16. The authorized person must make an entry i n the aircraft record of the corrective action taken against discrepancies discovered between inspections. 17. The PI C must possess at least a private pilot certificate and at least a current third

class medical certificate. 18. The operator may

n ot permit any PI C to operate unless the PIC meets the operator’s qualification criteria and demonstrates the ability t o safel y operate the UAS in a manner consistent with how the UAS will be o perated under the exemption, including evasive and emergency m aneuvers and maintaining appropriate distances from persons, vessels, vehicles and structures. PIC qualification flight hours must be logged in a manner consistent with 14 C.F.R. § 61.51(b). Fli ghts for the purposes of training the operator’s PI Cs are permitted under the terms of the exemption. However, training operations may o nl y 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 PI C 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 defi ned 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 fli ght rules (SVFR) are not authorized. 20. The UA may

n ot operate within 5 nautical miles of an airport reference point as denoted on a current FAA

- published aeronautical chart unless a letter of agreement with that airport’s management is obtained, and the operation is conducted in accordance with a NOTAM as required by the operator’s COA. The letter of agreement with the airport management must be made available to the Administrator upon request. 21. The UA may

n ot 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 PI C. 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 lan d or be recovered in accordance with the operating documents.19 23. The PIC must abort the flight in the event of unpredicted obstacles or emergencies in accordance with the operating documents. 24. The PI C is prohibited from beginning a flight unless (con sidering wind and forecast weather conditions) there is enough power to fly at normal cruising speed to the intended landing point and land the UA with 25% battery power remaining. 25. The operator must obtain an Air Traffic Organization (ATO) issued Cert ificate of Waiver or Authorization (COA) prior to conducting any operations under the grant of exemption. This COA will also require the operator to request a Notice to Airman (NOTAM) not more than 72 hours in advance, but not less than 48 hours prior to the operation. All operations shall be conducted in accordance with airspace requirements in the ATO issued COA including class of airspace, altitude level and potential transponder requirements. 26. All aircraft operated in accordance with the exemption must be identified by serial number, registered in accordance with 14 C.F.R. part 47, and have identification (N

Number) markings in accordance with 14 C.F.R. part 45, Subpart C. Markings must be as large as practicable. 27. Before conducting operations, the radio frequency s pectrum used for operation and control of the UA must comply w ith the Federal Communications Commission (FCC) or other appropriate government oversight agency requirements. 28. The documents required fewer than 14 C.F.R. 91.9 and 91.203 must be available to the PI C 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 l aw enforcement official upon request. 29. The UA must remain clear and yi eld the right of way t o all manned aviation operations and activities at all times. 30. The UAS may

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

a. Barriers or structures are present that sufficiently p rotect nonparticipating persons from the UA and/or debris in the event of an accident. The operator must ensure that nonparticipating persons remain under such protection. If a situation arises where nonparticipating persons leave such protection and are within 500 feet of the UA, flight operations must cease immediately and/or; b. The aircraft is operated near vessels, vehicles or structures where the owner/controller of such vessels, vehicles or structures has granted permission and the PI C has made a safety a ssessment of the risk of o perating closer to those objects and determined that it does not present an undue hazard, and;20 c. Operations nearer to the PI C, SO, operator trainees or essential persons do not present an undue hazard to those persons per § 91.119(a). 32. All operations shall be conducted over private or controlled

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

- 80) within 24 hours. Accidents must be reported to the National Transportation Safety B oard (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.**  JC PHOTOGRAPHY sub mits that the equivalent level of safety established byS ection 6 1

. 1 1 3 ( a) and (b ) will be maintained because no PIC will be allowed to operate the DJI Phantom 3 UAS unless that PI C has d emonstrated, bym eeting minimum flight -h o ur and currency requirements, that the PIC is able to safely o p erate the DJI Phantom 3 UAS in a manner consistent with the exemp tion, including evasive and emergencym aneuvers and maintaining appropriate distances from people, vessels, vehicles and structures. C onsidering JC PHOTOGRAPHY'S proposed area o f op erations, and the operating limitations set f o rth -ab ove; the p ar allel n ature of p rivate p ilot aeronautical kn owledge requirements to tho se o f commercial p ilo t r equirements (S ee Ex emptio n No. 1 1062); and the airmansh ip skills
n ecessaryt o safely operate the DJI Ph antom 3 UAS, JC PHOTOGRAPHY submits that the additional manned airmanship experience o f a commercially certificated pilo t would n ot
co r r elate to th e airmanship skills n ecessaryf or JC PHOTOGRAPHY'S specific proposed flight
o perations. 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, 1 1066, 11067, 11080, 11109, 11110, 11112, 11136, 11138, 11150, 11153, 11156, 11158, 11159, 11160, 11161). JC PHOTOGRAPHY will not allow any PI C to o p erate the DJI Phantom 3 UAS unless that PI C has d emonstrated, bym eeting minimum f light -h our r equire ments or the DJI Phantom 3 UAS training and currencyrequirements, that the PI C is able to safelyoperate the DJ I Phantom 3 UAS in a manner con sistent with this ex emption, including evasive and emergencym aneuvers and maintaining appropriate distances from p eop le, v essels, vehicles and structures. Specificall y, the PIC must have accumulated and logged, in a manner consistent with 14 C.F.R. § 61.51(b), 25 hours of total time as a UAS rotorcraft pilot (with a minimum of 5 hours of those21

hours as a UAS pilot operating the same make and model of UAS to be used for operations under the exemption). Ina ddition to the hour requirements, the PI C must accomplish 3 takeoffs and landings in the preceding 90 day s (for currency purposes). As in Ex emp tion No s. 1 1062, 11138, an d 11153, p rior d o cumented flight experience that was o btained in compliance with applicable regulations will ensure an equivalent level of safety d uring JC PHOTOGR

APHY'S p roposed o p erations. The Administrator h as h eld that prior d ocumented fl ig ht experience that was obtained in compliance with applicable regu lations 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 PI C 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 PI C must also have accumulated and logged a minimum of 5 hours as a UAS pilot operating the same make and m odel of UAS to be used for operations under the exemption. For clarification, the FAA considers these minimum hour requirements to be inclusive rather than additive; i.e. 5 hours make and model time may be included in the 10 hours of multi

- rotor time and the 10 hours may

b e included in the total 25 hours of UAS rotorcraft time. In addition to the hour requirements, the PI C must accomplish 3 takeoffs and landings in the preceding 90 day s (for currency

p urposes). The FAA finds that at a minimum, the flight -ho ur requirements in Exemption No. 11062 are appropriate to practice and build proficiency in the skills necessary

t o safely c onduct the petitioner’s proposed operations. The FAA also finds that prior documented flight experience that was obtained in compliance with applicable regulations would satisfy this requirement. Training, proficiency , and experience

- building flights can also be conducted under the grant of exemption to accomplish the required flight time. During training, proficiency , and experience -b uilding flights the PI C 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, JC PHOTOGRAPHY will ensure safe operations by not allowing any PI C to
o p erate the DJI Phantom 3 UAS unless that PI C has demonstrated, b ym eeting minimum flight

h o ur and currency r equirements, that the PIC is able to safelyo perate the DJI Phantom 3 UAS in
a manner consistent with the exemption, including evasive and emergencym aneuvers and mainta ining 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.** 22

The equivalent level o f safety established bySe ction 91.7(a) will be maintained b ecause prior to every f light, JC PHOTOGRAPHY will ensure that the DJI Phantom 3 UAS is in an airworthy condition b ased upon the UAS’s compliance with its o p erating documents and as stated in the conditions and limitations herein. Additionally , the FAA has previousl y granted relief from Section 91.7(a) specific to UAS, in circumstances similar, in all material respects, to those presented herei n (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 Af** 

**fect Safety.** The equivalent level o f safety established b y S ection 91.121 will be maintained because the altitude information o f the DJ I Phantom 3 UAS will be provided to the PIC via GPS equipment
an d a radio communications telemetryd ata link, which downl inks f rom the UA to the GCS fo r active monitoring o f the f light p ath and altitude. This altitude information, comb ined with JC PHOTOGRAPHY'S operation o f the DJI Phantom 3 UAS within visu al line o f sight, at o r b elo w 4 00 feet AGL, will ensure a leve l o f safetye quivalent to Section 91.121. The altitude information will b e generated byG PS equipment installed onboard the aircraf t. Prior to each f light, a zero altitude initiation point is automaticallyestablished b y the UAS at ground lev el. The FAA h as previously granted relief from Section 91.121 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, 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 91.1 51(b) as a result of (1) the technical specifications of the DJI Phantom 3 UAS ; (2 ) the limitation s on the p ro p o sed f light operations; and (3 ) the location of the p ro posed flight
o p erations. Accordingly , JC PHOTOGRAPHY will ensure that it will safe lyoperate the battery p owered DJI Phantom 3 UAS d uring d ay lig ht h o ur s in VFR conditions, with enough battery power to flyfor a total duration of 23 minutes. Here, as in Exemption No. 11109, the technical specifications of the DJI Phantom 3 UAS ; the limi tations on the proposed flight operations; and the location of the proposed operations, will
ensure an equivalent level of safety established by 1 4 C.F.R. Section 91.151(b). Furthermore, safety will be ensured as the DJIPhantom 3 UAS provide audible and v isual warnings to the PI C at the GCS when the UAS experiences low battery v oltage, the first warning occurring at approximately

3 3% remaining battery

p ower, and again at approximately 10% remaining battery23

power. At the critically low battery l evel, the DJ I Phantom 3 UAS will descend and land automatically

. Significantl y, previous exemptions granted by the FAA concerning Section 91.151 establish that safety is not adversel y affected when the technical characteristics and operating 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 presented herein (e.g. Exemption Nos. 8811, 10808, 10673, 11042, 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110, 11136, 11138, 11150, 11153, 11156, 11157, 11158, 11159, 11160, 11161).

**6. Reasons**  **Why An**  **Exemption From**  **The Requireme**  **nts 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 th is exemption, JC PHOTOGRAPHY sub mits that the equivalent lev el of safety with regard to the regulatorym aintenan ce and alteration requirements established by Sections 9 1.405(a), 91. 4 0 7(a)(1), 91.409(a)(1) & ( a)(2), and 9 1.417(a) & (b ) will be met becau se JC PHOTOGRAPHY will use train ed technicians to perform maintenance, alterations, o r p r ev entive maintenance on the UAS using the methods, techniques, and p ractices pr escribed in the
o perating d o cuments ( i. e. , JC PHOTOGRAPHY Aerial Operations Manu al, Monthly M ainten ance Log, and DJI Phantom 3 I n str u ction Manu al). Furthermore, JC PHOTOGRAPHY will docume nt and maintainall maintenance records for the DJIP hantom 3 UAS.

Sin ce th e DJI Ph antom 3 UAS will be inspected as p r escribed byt he o p erating d o cuments, JC PHOTOGRAPHY will maintain the equivalent level o f safety established byS ections 9 1.405(a) , 9 1

. 4 0 9 ( a)(1) , and 9 1.409(a)(2). A co p yo f the DJI Phantom 3 User Manu als are attached h ereto as Ap p en dix A and B; a cop y o f the DJI Phantom 3 UAS Maintenance LOG is attached hereto as Appendix C. Likewise, th e ex emption sought will n o t adverselya ffect safety b ecau se JC PHOTOGRAPHY will use tr ained technicians to p erf o rm mainten ance, alterations or preventive maintenance on the UAS u sing the methods, techniques, and practices prescrib ed byt he 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 DJIP hantom 3 UAS will be performed by

trained technicians. Maintenance will be documente d and maintained utilizing the monthly

maintenance log. Significantl y, 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 adversel y affected when the technical characteristics and operating limitations of the UAS are considered.24

I nconsideration of JC PHOTOGRAPHY'S proposed operating limitations, the operating d ocuments, and th e technical aspects of the DJI Ph antom 3 UAS , JC PHOTOGRAPHY sub mits that safetywill not be adverselya f fected byg ranting exemp tio nf ro m 14 C

. F.R. Sectio n s 9 1

. 4 05(a), 9 1 .407(a)(1) an d (a)(2), 9 1 .409(a)(2), an d 9 1

. 4 1 7 ( a) and (b ). The FAA has p r eviously granted relief specific to UAS in circumstances similar, in all material respects, to tho se p resented h erein ( e.g. Exemption No s. 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110, 11112, 11136, 11138, 11150, 11153, 11156, 11157, 11158, 11159, 1 11 60, 11161). **7. The FAA May Prescribe Any Other Conditions Fo r Safe Operation.** 
In accordance with Section 333 of the FAA Mod ernization and Reform Act of 2012 (FMRA) and 14 C.F.R. § 21.16 entitled Special Conditions, JC PHOTOGRAPHY requests that the FAA p rescribe special conditions f or the intended o p eration of the DJI Phantom 3 UAS , which contain such safetys tandards that the Administrator finds n ecessary to establish a level of safety equivalent to that established b y1 4 C.F.R. Part 21, Subpart H, and 14 C.F.R §§ 6 1

. 1 1 3( a) & (b), 91.7 (a), 91.121, 9 1 .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 o p eration of the UAS fo r the limited purpose of conducting aerial v ideo and p h o tography o v er certain areas of th e United States fo r compensation
o r hire. FMRA Section 333 sets forth the requirements fo r considering whether a UAS will create a hazard to users of the NAS or the public, or otherwise pose a threat to national security; a nd further, provides the authori tyf or such UAS to operate without airworthiness certification in accordance with anyr equ irements that must be established fo r the safe o p eration of the UAS in the NAS. Likewise, the Administrator may p rescribe special conditions pursuant to 14 C.F.R. § 21.16, for operation of the DJ I Phantom 3 UAS , since the airworthiness regulations of 14 C.F.R. Part 21 do not contain adequate or appropriate safety standards, due to the novel or unusual design features of the aircraft. Section 21.16, entitled Special Co nditions , states the following: If the FAA finds that the airworthiness regulations of this subchapter do not contain adequate or appropriate safety standards for an aircraft, aircraft engine, or propeller because of a novel or unusual 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 en gine or propeller as the FAA finds necessary t o 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 condi tions for Leading Edge’s intended operation of the DJIP hantom 3 UAS , which contain such safety s tandards that the Administrator finds necessary to establish a level of safety equivalent to that established by 1 4 C.F.R. Part 21, Subpart H, and 14 C.F.R Sec tions25

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**  **Summary That**  **Can Be**  **Published In**  **The Federal**  **Register, stating:**  **The Rules From Which**  J C PHOTOGRAPHY **Seeks Exemption:**

JC PHOTOGRAPHY seeks exemption from the requirements of 14 C.F.R Sections 6 1.113(a)&(b), 91.7(a), 91.121, 91.151(b), 9 1

. 405(a), 91.407(a)(1), 91.409(a)(1) & (a) ( 2 ), and 91.417(a) & (b).
**A Brief**  **Description Of**  **T he**  **Nature Of**  **The Exemption**  J C PHOTOGRAPHY **Seeks:**

This exemption will permit JC PHOTOGRAPHY to commercially operate a n Unmanned Aircraft System (

UAS) for the p u rpo se of conducting a erial video and photography over certain areas of the United States.

**• Any**  **Additional Information,**  **Vi ews,**  **Or Arguments**  **Available To**  **Support** J C PHOTOGRAPHY'S **Request.**

This Petition is made pursuant to the FAA Modernization and Reform Act of 2012 ( FMRA) Section 333, which dir ects th e Secretaryo f Tran spo rtation to determin e if certain UAS mayo perate safelyi n th e NAS. As su ch, JC PHOTOGRAPHY'S request for exemptio n mayb e granted p ursuant to the authorityo f FMRA Section 333 and 1 4 C.F.R. Part 11, as set fo rth above.
FMRA Section 333 sets forth the requirements for considering whether a UAS will create a hazard to users of the NAS or the public, or otherwise pose a threat to national security; and further, provides the authority for such UA S to operate without airworthiness certification. As discussed in d etail above, JC PHOTOGRAPHY will o p erate the DJIP hantom 3 UAS safely in the NAS, without creating a hazard to u sers of the NAS, or the public, or otherwise pose a threat to national security. **CONCLUSION** As set f o rth herein, JC PHOTOGRAPHY seeks an exemption pursuant to 14 C.F.R. § 11.61 and Section 333 of the FAA Mod ernization and Reform Act of 2 0 1 2 (FMRA), which will permit safe
o peration o f the DJIP hantom 3 UAS commercial ly , without an airworthiness certificate, fo r the limited purpose of conducting aerial v ideo and photographyo ver certain areas of the United States. B yg ranting this Petition, the FAA Administrator will be fulfilling the Congressional mandate of the FAA Mo d ern ization and Reform Act of 2012, while also advancing the interests of the public, bya llowing JC PHOTOGRAPHY to safely, efficiently, and economically operate the DJI Phantom 3 UAS commercially within the NAS.26

**W HEREFORE**  , in accordance with th e Fed eral Aviation Regulations and the FAA Modernization an d

Reform Act o f

2012, Section 333, JC PHOTOGRAPHY resp ectf ully requests that the Administrator grant th is Petition f o r an exemp tion from the requirements of 1 4 C.F.R Sections 61.113(a) & (b ), 91.7(a), 91.121, 9 1 .151(b), 91.405(a), 9 1

. 4 0 7 ( a)(1) , 9 1

. 4 0 9(a)(1) & (a) ( 2 ), and 91.417(a) & (b), and permit Leading Edge to operate the DJI Phantom 3 UAS commercially f

o r the purpose o f conducting aerial v ideo and ph oto graphy o v er certain areas of th e Unit ed States. Dated: June 10 , 2015 Respectfully submitted,

Dwight Cromie President JUDY CRAVY dba JC PHOTOGRAPHY 2027 Jamed Rd Sevierville, TN 37876 (865) 654-3946 yourjcp@gmail.com

Appendices :

A

– Li nk to DJ I Phantom 3 Manual: Click on link below http://download.dji

innovations.com/downloads/phantom_3/en/Phantom_3_Professional_User_Manual_v 1.2_en.pdf