UNITED STATES OF AMERICA DEPARTMENT OF TRANSPORTATION FEDERALAVIATION ADMINISTRATION WASHINGTON, DC

Regulator Docket No. ______________

IN THE MATTER OF THE PETITION FOR EXEMPTION OF: Creative Block Productions, INC FOR AN EXEMPTION SEEING RELIE F FROM THE REQUIREMENTS OF TITLE 14 OF THE CODE OF FEDERAL REGULATIONS SECTIONS 61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), AND 91.417(a) & (b) CONCERNING COMMERCIAL OPERATION OF UNMANNED AIRCRAFT PURSUANT T O SECTION 333 OF THE FAA MODERNIZAION AND REFORM ACT OF 2012 (PUBLIC LAW 112

- 95)

Submitted on December 25, 2015 Creative Block Productions 11604 Century Circle Plainfield IL 60585 Phone: (815)641

- 83082 GLOSSARY	OF	ABBREVIATION S

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

................................ ................................ ................................ ................................ .. 4 INTRODUCTION	AND	INTEREST	OF	THE	PETITIONER

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

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

................................ ................................ ................................ .............. 5 CONCLUSION

................................ ................................ ................................ ........................... 273 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 CBP GCS Creative Block Productions Ground Control Station GPS Global Positioning System LOL Loss of Link NAS National Airspace System NOTAM Notice to Airman PIC Pilot In Command RPA Remotely Piloted Aircraft Section 333 FAA Modernization and Reform Act of 2012 (FMRA) Section 333 SO Safety Observer SOP Standard Operating Procedures UA Unmanned Aircraft UAS Unmanned Aircraft System VFR Visual Flight Rules VLOS Visual Line of Site VMC Visual Meteorological Conditions VTOL Vertical Takeoff and Landing4 SUMMARY Creative Block Productions (CBP ) 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 (UAS) pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (FMRA). This exemption will permit CBP to ope rate a Remotely Piloted Aircraft (RPA)

or UAS for the commercial purpose of conducting aerial video and photography of

construct ion sites, real estate property and the survey of buildings and structures for inspection purposes.

OR... 

### safely,	efficiently,	a nd	economically	perform	aerial	video	and photography	of	construction	sites,	real	estate,	survey,	and	inspect	over certain	areas	of	the	United	States.	To	assist	other	businesses	in	helping them	grow	from	my	services	or	rather,	to	fulfill	their	needs,	whatev er	it may	be."

INTRODUCTION AND INTEREST OF THE PETITIONER

CBP is owned and operated by Andrew T. Block. CBP is a videography and photography company focused on corporate promotion. Mr. Block has over 3 years of experience flying a variety of radio contro lled aircraft, including helicopters, fixed wing and quad copters . CBP has several freelancers with their commercial p ilots certificate who will be responsible for flying the UAVs for commercial work. If granted exemption,5 CBP will focus on commercial appl ications to include, but not limited to; real estate advertising, mapping, building surveys and inspections, motion picture filming, marketing, and the training and support for law enforcement, fire/rescue and other public

service organizations. Primary o perations will be for commercial, for profit, events. However, as a civic

- minded company

– CBP will always look to give back to and support the community by providing no cost services to appropriate events and organizations.

BACKGROUND

CBP seeks exemptio n to operate a DJI Phantom 3 Professional for commercial purposes in the United States National Airspace System

. T he DJI Phantom 3 is a multirotor platform with Vertical Takeoff and Landing (VTOL) capabilities controlled by operators maintaining Visual Li ne of Sight (VLOS) using a full telemetry, GPS equipped, handheld ground station. The Phantom 3 is 7.5 inches tall, and 12 inches long and 12 inches wide. It was a max takeoff weight with battery and camera in stalle d on 1280

grams , while having a length of 16 inches width of 16 inches, height of 8 inches, and a

ma ximum speed of approximately 16m/s

.

BASIS FOR PETITION Petitioner, CBP , 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 , hereby pe titions the Administrator to commercially o perate the DJI Phantom 3 Professional UAS in the 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 91.4 17(a) & (b).6 In consideration of the speed, weight, size, and limited operating area associated with the unmanned aircraft and its operation, CBP operation of DJI Phantom 3

Professional UAS meets the conditions of FMRA Section 333 and therefore, will not require an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H. Accordingly, CBP requests relief from Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b), as these sections set forth requirements for

maintena nce that only apply to aircraft with an airworthiness certificate.

CBP submits that the requested relief is proper, as an equivalent level of safety

will be ensured. CBP will ensure all safety and maintenance procedures outline by the

UAS manufacture are complied with. Only authorized personnel or technicians will perform maintenance on the UASs using the methods, techniques, and practices prescribed in the operating docum ents provided by the UAS manufacture. All maintenance will be logged in the UAS maint enance record maintained by CBP

. Relief from certain requirements of Section 61.113(a) and (b), entitled Private pilot privileges and limitations: Pilot in command , is requested by CBP to the extent necessary to allow a Pilot in Command (PIC) holding a p rivate pilot or higher level certificate, m eeting minimum flight

- hour and currency requirements, that the PIC is able to safely operate the DJI Phantom 3 Professional UAS in a manner consistent with this exemption, including evasive and emergency maneuver s and maintaining appropriate distances from people, vessels, vehicles and structures.

CBP seeks relief from Section 91.7(a), entitled Civil aircraft airworthiness , because the DJI Phantom 3 Professional UAS do es not require an airworthiness

certificate i n accordance with 14 C.F.R. Part 21, Subpart H. As such, CBP submits that7 all maintenance and care will be conducted to will ensure the DJI Phantom 3 Professional

UAS is in an airworthy condition, prior to every flight, by determining that the UASs are

in compliance with the operating documents provided by the UAS manufacture , and that the aircraft are in a condition for safe flight.

CBP seeks an exemption from the requirements of Section 91.121, entitled Altimeter Settings , as the DJI Phantom 3 Profession al UAS will not have a typical aircraft

barometric altimeter onboard. Altitude is measured using barometric and Global Positioning System (GPS) sensors. The UA provides the information to the LOS operator

via a GCS application for real time flight telemati cs

. The flight telematics aid the operator ensuring compliance and safe operation of the UA within visual line of sight, at

or below 2 00 feet AGL , with the majority of flights at or below 1 00 feel AGL , will ensure a level of safety equivalent to Section 91 .121.

Additionally, CBP seeks an exemption from the requirements of Section 91.151(b), entitled Fuel requirements for flight in VFR conditions

. CBP submits that granting an exe mption is necessary due to the inherent limitations of electric UAS

vehicles. Most if, not all small UAS’s are limited to a max imum of 20

- 25 minutes in

total flight time

. O peration of the DJI Phantom 3 Professional UAS will be conducted in daylight hours in visual meteorological conditions (VMC) under visual flight rules (VFR)

wil l ensure the UA is operated in a safe manner compliant with applicable regulations

. In addition, a key built in safety feature within the DJI Phantom 3 Professional software automatically reduces it’s maximum altitude based on decreasing bat tery levels,

ul timately self

- landing the vehicle prior to total battery depletion.8 In accordance with 14 C.F.R. § 11.81, IVS provides the following information in support of its petition for exemption: 1) Name And Address Of The Petitioner. The name and address of the Petitioner and point of contact is:

Creative Block Productions ( CBP ) 11604 Century Circle Plainfield, IL 60585 Phone: ( 815)641

- 8308 2) The Specific Sections Of 14 C.F.R. From Which CBP Seeks Exemption. a) CBP Seeks Exemption From The Requirements Of Section 61.113(a) And (b). Section 61.113, entitled Private pilot privileges and limitations: Pilot in command , subsect ions (a) and (b) prescribe the following, in relevant part: i) 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 compe nsation or hire, act as PIC of an aircraft. ii) 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 no t carry passengers or property for compensation or

hire. b) CBP Seeks Exemption From The Requirements Of Section 91.7(a). Section 91.7, entitled Civil aircraft airworthiness , subsection (a), states the following: i) No person may operate a civil aircraft unle ss it is in an airworthy condition. c) CBP Seeks Exemption From The Requirements Of Section 91.121. Section 91.121, entitled Altimeter settings, subsection (a), states the following, in9 part: i) Each person operating an aircraft shall maintain the cruising a ltitude 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

-- (a) The current reported altimeter setting of a station along the route and

within 100 nautical miles of the aircraft; (b) 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 (c) 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. d) CBP Seeks Exemption From The Requirements Of Section 91.151(b). Section 91.405, entitled Maintenance required , subsection (a), states the following: Each owner or operator of an aircraft

— (a) Shall have that aircraft inspected as prescribed in subpart E of this part and shall between required inspections, exc ept as provided in paragraph of this section, have discrepancies repaired as prescribed in part 43 of this chapter[ .] e) CBP Seeks Exemption From The Requirements Of Section 91.407(a)(1)10 Section 91.407, entitled Operation after maint enance, preventive maintenance, rebuilding, or alteration , subsection (a)(1), states the following: i) No person may operate any aircraft tha t has undergone maintenance, preventive maintenance, rebuilding, or alteration unless

-- ii) (1) It has been approved for return to service by a person authorized under § 43.7 of this chapter[.] f) CBP 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 annu al inspection in accordance with part 43 of this chapter and has been approved for return to service by a person authorized by § 43.7 of this chapter; or (2) An inspection for the issuance of an airworthiness certificate in accordance with part 21 of this cha pter. g) CBP Seeks Exemption From The Requirements Of Sections 91.417(a) And 91.417(b). Section 91.417, entitled Maintenance records , subsections (a) and (b), state the following:11 i) 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 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

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

work performed; and (3) The date of completion of the work performed; and (4) The signature, and certificate number of the person approving the aircraft

for return to service. ii) Records containing the following information: (1) The total time in service of the airframe, each engine, each propeller, and

each rotor. (2) The current status of life

- limited parts of each airframe, engine, propeller, rotor, and appliance. (3) The time since last overhaul of all items installed on the aircraft which are required to be overhauled on a specified time basis. (4) 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.12 (5) The current status of applicable A irworthines s D irectives (AD) and safety directives including, for each, the method of compliance, the AD or safety directive number and revision date. If the AD or safety directive involves recurring action, the time and date when the next action is required. (6) 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. iii) The owner or operator shall retain the following records for the periods prescribed: (1) The records specified in paragraph (a)(1) of this section shall be retained until the work is repeated or superseded by other work or for 1 year after the work is performed. (2) The records specified in paragraph (a)(2) of this section shall be retained

and trans ferred 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. 3) Th e Extent Of Relief CBP Seeks And The Reason CBP Seeks The Relief. a) Extent Of Relief CBP Seeks And The Reason CBP Seeks Relief From Section 91.7(a). Relief from Section 91.7(a) entitled Civil aircraft airworthiness , is requested to the extent required to a llow CBP personnel to determine that the DJI

Phantom 3 Professional UAS is in airworthy condition prior to every flight by13 ensuring that the UAS is in compliance with the operating documents (i.e., the

IVS Standard Operating Procedures (SOP) , Monthly Maint enance Log , and DJI

Phantom 3 Professional documentation ).

CBP seeks the requested relief because the DJI Phantom 3 Professional

UAS do es not require an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H. Therefore, CBP personnel wi ll ensure that the DJI Phantom 3

Professional UAS is in airworthy condition based upon its compliance with the operating documents (i.e., Maintenance Log s , CBP SOP and manufacture

documentation ) prior to every flight, and further, determine that the aircra ft are in condition for safe flight, as stated in the conditions and limitations below.

b) Extent Of Relief CBP Seeks And The Reason CBP Seeks Relief From Section

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

allow fli ght operations of the DJI Phantom 3 Professional which utilize a barometric pressure sensor, GPS equipment, and a radio communications telemetry data link to downlink altitude information from the UA to the PI C at the GCS. Since the FAA requires that any a ltitude information concerning UAS operations be reported to air traffic control (ATC) in feet above ground level (AGL), CBP seeks the requested relief as the DJI Phantom 3 Professional UAS altimeter may be set on the ground to zero feet AGL, rather than t he local barometric pressure or field altitude, before each flight.14 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 be low. As more fully set forth herein, an equivalent level of safety will be maintained since the DJI Phantom 3 Professional

UAS is 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. c) E xtent Of Relief CBP Seeks And The Reason CBP Seeks Relief From Section 91.151(b). Relief from Section 91.151(b) entit led Fuel requirements for flight in VFR conditions, is requested to the extent required to allow flights of the battery powered UA during daylight hours in visual meteorological conditions (VMC), under visual flight rules (VFR ). CBP seeks the requested re lief as the UAS does not utilize traditional aircraft combustible fuel, rather the UAS is battery powered

. Significantly, as set forth below, the technical specifications of the DJI

Phantom 3 Professional UAS operating documents, and CBP proposed operatin g limitations, ensure that CBP will safely operate the battery powered DJI Phantom

3 Professional UAS during daylight hours in visual meteorological conditions (VMC), u nder visual flight rules (VFR). d) Extent Of Relief CBP Seeks And The Reason CBP Seeks Reli ef From Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), And 91.417(a) & (b). Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b)15 only apply to aircraft with an airworthiness certificate, CBP requests relief from

these Se ctions because the DJI Phantom 3 Professional UAS do not require airworthiness certificates. As set forth more fully below, the DJI Phantom 3

Professional UAS meet the conditions of FMRA Section 333 for operation

without an airworthiness certificate. Accor dingly, CBP will only use authorized technicians to perform maintenance on the UAS using authorized methods. CBP

will document all maintenance activities and keep the maintenance activity

records for the CBP UAS. e) The Reasons Why Granting CBP ’ s Request Wou ld Be In The Public Interest; That Is, How It Would Benefit The Public As A Whole. Granting CBP’s Petition will further the public interest by allowing CBP to conduct training for CBP personnel as well as other parties interested in proper

and safe recrea tional or commercially operating of UAS, employment of small UAS is efficient and more economical for certain type of activities such as construction site photography, land surveying, aerial video and photography of real estate, special events, film sets, and landscape over certain areas of the United

States.

OR... 

### safely,	efficiently,	and	economically	perform	aerial	video	and photography	of	construction	sites,	real	estate,	survey,	and	inspect

over	certain	areas	of	the	United	States.	To	assist	other	business es	in16 

### helping	them	grow	from	my	services	or	rather,	to	fulfill	their	needs, whatever	it	may	be."

Additionall y, use of the small battery powered UAS will decrease congestion of the NAS for certain activities , reduce po llution, and provide

benefits to the ec onomy. f) 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 Provided By The Rule From Which CBP Seeks Exemption. i) Reasons Why DJI Phantom 3 Professional UAS M eet s 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, CBP’s operation of

the CBP UAS meet s t he conditions of FMRA Section 333, and will not require an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H. Section 333 provides authority for a UAS to operate without airworthiness certification and sets forth requirements for c onsidering 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: (1) In General.

-- Notwithstanding any other requirement of this subt itle, and not later than 180 days after the date of enactment of this Act, the Secretary of Transportation shall determine if certain unmanned aircraft17 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. ii) Assessment of Unmanned Aircraft Systems.

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

-- (1) which types of unmanned air craft 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 p ose 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). iii) Requirements for Safe Operation.

-- If the Secretary determines under this section that certain unmanned aircraft systems may operate safely in the national airspace system, the Secretary shall establish requirements for the safe opera tion of such aircraft systems in the national airspace system. In seeking this exemption, CBP submits the DJI Phantom 3 Professional UAS

can be operate d safely in the NAS pursuant to FMRA Section 333, as demonstrated by: ( A ) the characteristics of the DJI Phantom 3 Professional UAS ; ( B ) the pilot certification requirement; and ( C ) the specific operating limitations.18 A. The Specifications Of DJI Phantom 3 Professional UAS

Demonstrate Its Safe Characteristics.

DJI Phantom 3 Professional UAS does 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. CBP UAS utilizes four counter

- rotating propellers for extreme balance, control and stability that is aided by GPS and other on board sensors. In the event of an unexpected loss of communication with the UAS it will return to a pre

- defined location at a pre

- determined altitude AGL. If the UAS has returned to the pre

- defined location and altitude with a lo w battery the UAS will safely land at the pre

- determined location. In addition the

Phantom 3 has factory installed firmware that prevent it from being activated or flown in close proximity to any airport in the US.

*Note: DJI customer support has an ava ilable firmware download that is only released to customers that meet their screening process that does allow operation in proximity to airports.

B. Technical Specifications O f The DJI Phantom 3 Professional

UAS The technical specifications of the DJI Phanto m 3 Professional

UAS is set forth by the DJI Phantom 3 Professional manufacture r is as follows: Battery : 4480 mAh LiPo19 Weight (Battery & Propellers Included) : 1 280 g Max Yaw Rotational Velocity : 65 °/s

Max Tilt /Bank Angle : 35° Max Ascent / Descent Speed : A scent: 5m/s; Descent: 5 m/s Max Flight Speed : 16 m/s , approximate. Diagonal Length (without propellers) : 590 mm C. Flights Of the DJI Phantom 3 Professional Will Be Conducted Pursuant To Specific Operating Limitations.

a. IVS UASs weigh less than 55 pounds;

b. IVS only operates its UASs below 400 feet;

c. IVS UASs only operate for 5

- 2 0 minutes per flight;

d. IVS remote control pilots operate IVS UASs by visual line of sight (VLOS) at all times.

e. IVS remote control pilots have dow nlink video backup via ground station, should they lose sight of the UAS;

f. IVS UASs have GPS flight modes whereby they hover and then slowly land if communication with the remote control pilot is lost or battery power is low;

g. IVS actively analyses elec tronic flight data and other sources of information to constantly update and enhance safety protocols;

h. IVS always obtains all necessary permissions and permits prior to operation; and, IVS has procedures in place to20 abort flights in the event of safety b reaches or potential danger.

i. The pre

- flight inspection by IVS personnel must account for all potential discrepancies, e.g. inoperable components, items, or equipment, not already covered in the relevant sections of the operating documents. j. If the UA los es communications for a pre

- defined period of time or loses its GPS signal, it must return to a pre

determined location within the planned operating area and land or be recovered in accordance with the operating

documents.

k. Any incident, accident, or fli ght 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 Transporta tion Safety Board (NTSB) per instructions contained on the NTSB Web site: www.ntsb.gov. g) Reasons Why An Exemption From The Requirements Of Section 91.151(b) Would Not Adversely Affect Safety.

CBP 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 UAS unless that PIC has demonstrated, by meeting minimum flight

- hour and currency requirements, that the21 PIC is able to safely operate the UAS in a manner consistent with the exemption, including evasive and emergency maneuvers and maintaining appropriate distances from people, vessels, vehicles and structures. Considering CBP proposed area of operations, and the operating limitations set forth

above; combined with the Owner/operator’s extensive training and experience , including holding both a private and commercial fixed and rotor wing certifications ensures that all

CBP’s operations will be conducted in a safe manner. The FAA has previously granted relief from Section 61.113(a) and (b) specific to UAS, in circumstanc es 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).

CBP will not all ow any PIC to operate the UAS unless that PIC has demonstrated, by meeting minimum flight

- hour requirements or UAS training and currency requirements, that the PIC is able to safely operate the UAS in a manner consistent with this exemption, including evasive and emergency man euvers and maintaining appropriate distances from people, vessels, vehicles and structures. Specifically, the PIC must have accumulated and logged, in a manner consistent with 14 C.F.R. § 61.51(b), 25 hours of total time as a UAS rotorcraft pilot (with a minimum of 5 hours of those hours as a UAS pilot operating the same make and model of UAS to be used for operations under the exemption). In addition to the hour requirements, the PIC must accomplish 3 takeoffs and landings in the preceding 90 days (for cu rrency purposes).22 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 CBP ’ s proposed operations. The Administrator ha s held that prior documented flight experience that was obtained in compliance with applicable regulations would ensure safe operations, stating as follows: In Exemption No. 11062, the FAA required that prior to conducting operations for the purpose of mo tion 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 exemption. For clarification, the FAA considers th ese minimum hour requirements to be inclusive rather than additive; i.e. 5 hours make and model time may be included in the 10 hours of multi

- rotor time and the 10 hours may be

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

hour requirements in Exemption No. 11062 are appropriate to practice and build proficiency in the sk ills necessary to safely conduct the petitioner’s proposed operations. The FAA also finds that prior documented flight experience that was obtained in compliance with applicable regulations would satisfy this requirement. Training, proficiency, and experie nce - building flights can also be23 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 wit h 14 C.F.R 91.119. Exemption No. 11138 at page 15. Accordingly, IVS will ensure safe operations by not allowing any PIC to operate the UAS unless that PIC has demonstrated, by meeting minimum flight

- hour and currency requirements, that the PIC is able to safely operate the UAS in a manner consistent with the exemption, including evasive and emergency maneuvers and maintaining appropriate distances from people, vessels, vehicles and structures. h) Reasons Why An Exemption From The Requirements Of Section 91.7(a)

Would Not Adve rsely Affect Safety. The equivalent level of safety established by Section 91.7(a) will be

maintained utilizing pre flight SOP , CBP wi ll ensure that the UAS is in an airworthy condition based upon the UAS’s compliance with its operating

documents and as s tated 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, 1106 4, 11065, 11066, 11067, 11080, 11109, 11110, 11112, 11136, 11138, 11150, 11153, 11156, 11157, 11158, 11159, 11160, 11161). i) Reasons Why An Exemption From The Requirements Of Section 91.121 Would Not Adversely Affect Safety.24 The equivalent level of safety established by Section 91.121 will be maintained because the altitude information of the UA will be provided to the PIC via GPS equipment and a radio communications telemetry data link, which downlinks from the UA to the GCS for active monitoring of the fl ight path and altitude. This altitude information, combined with CBP ’ s operation of the UA

within visual line of sight, at or below 400 feet AGL, will ensure a level of safety equivalent to Section 91.121. The altitude 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 UAS at ground level. The FAA has previously granted relief from Section 91.121 specific to UAS, in circumstances similar, in all material respects, to those presented herein (e.g. Exemption Nos. 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11112, 11136, 11138, 11150, 11153, 11156, 11157, 11158, 11159, 11160 , 11161). j) Reasons Why An Exemption From The Requirements O f 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 UAS; (2) the limitations on the p roposed flight operations; and (3) the location of the proposed flight operations. Accordingly, CBP will ensure that it will safely operate the battery powered UA during daylight hours in

VFR conditions.25 Here, as in Exemption No. 11109, the technical spec ifications of the UAS; the limitations on the proposed flight operations; and the location of the proposed operations, will ensure an equivalent level of safety established by 14 C.F.R. Section 91.151(b). Furthermore, safety will be ensured as the UAS provi de audible and visual warnings to the PIC at the GCS when the UAs experiences low battery voltage. At the critically low battery level, the UAS will descend and land automatically. Significantly, previous exemptions granted by the FAA concerning

Section 9 1.151 establish that safety is not adversely affected when the technical characteristics and operating limitations of the UAS are considered. Relief has been granted for manned aircraft to operate at less than the minimums prescribed in Section 91.151, inc luding 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). k) 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, CBP submits that the equivalent level of safety with regard to the regulatory maintenance and alteration requirements established by Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2 ), and 91. 417(a) & (b)26 will be met as CBP will use only authorized technicians to perform maintenance on the UASs using the authorized methods, techniques, and practices

. Furthermore, CBP will document and maintain all maintena nce records for the

DJI UAS

. T he UAS will be inspected as prescribed by the operating documents,

CBP will maintain the equivalent level of safety established by Sections 91.405(a), 91.409(a)(1), and 91.409(a)(2). Likewise, the exemption sought will not adversely affect safety as CBP

will only use authorized technicians to preform maintenance on the UAS using

the authorized methods, techniques, and practices 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 UAS will be performed by authorized technicians. Maintenance will be documented and maintained utilizing the maintenance log. Significantly, previous exemptions granted by the FAA concerning Sections 91.405(a), 91.4 07(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 CBP ’ s proposed operating limitations, the oper ating documents, and the technical aspects of the DJI Phantom 3 Professional UAS , C BP 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 in27 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).

CONCLUSION As set forth herein, CBP 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 Professional UAS commercially, without an

airworthin ess certificate, for the purpose of conducting aerial video and photography over certain areas of the United States. By granting this Petition, the FAA Administrator

wi ll be fulfilling the Congressional mandate of the FAA Modernization and Reform Act of 2012, while also advancing the interests of the public, by allowing CBP to safely, efficiently, and e conomically operate the UAS commercially within the NAS.

WHEREFORE , in accordance with the Federal Aviation Regulations and the FAA Modernization and Reform Act of 2012, Section 333, CBP respectfully requests that the Administrator grant this Petition for an exemption from the requirements of 14 C.F.R Sections 61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b), and permit CBP to operate the UAS commercially for the purpose of conducting aerial video and photography over certain

areas of the United States. CBP re spectfully requests that FAA exercise its authority to issue the exemption sought by CBP pursuant to the Federal Aviation Act, 85 P.L. 726 (1958), as amended (the "Act") without delay.28 Sincerely,

Andrew T. Block Creative Block Productions 11604 Century Circle Plainfield, IL 60585 Phone: (815)641-8308