January, 21 2016
Attn: U.S. Department ofTransportation Docket Operations West Building Ground Floor, Room w12-140 1200NewJerseyAve, SE Washington, DC 20590

RE: BABCOCKAERIALS REQUEST ANEXEMPTION FROM THEREQUIREMENTS 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) CONCERNINGCOMMERCIAL OPERATION OF DJIPhantom 3 UNMANNED AIRCRAFT SYSTEMS PURSUANTTO SECTION 333 OF THEFAAMODERNIZATIONAND REFORM ACT OF 2012 (PUBLIC LAW 112-95)

# J.~t:_#~ JohnErie Babcock President BabcockAerials 4021 FattaDrive Dickinson, TX 77539 713-824-7570 BabcockAerials@gmail.comTABLE OF CONTENTS Page GLOSSARY OF ABBREVIATIONS

...................................................................................3

SUMMARY

...........................................................................................................................4

INTRODUCTIONAND INTERESTS OF PETITIONER

....................................................4

BACKGROUND

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BASIS FORPETITION

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NAMEAND ADDRESS OF PETITIONER

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THE SPECIFIC SECTIONS OF 14 C.P.R. FROM WHICH BABCOCKAERIALS SEEKS EXEMPTION

.........................................................................................................................7
THE EXTENT OF RELIEF BABCOCKAERIALS·SEEKS AND THEREASON BABCOCK AERIALS SEEKS THE RELIEF

......................................................................................10
THE REASONS WHY GRANTING BABCOCKAERIALS'S REQUESTWOULD BE IN THEPUBLIC INTEREST

.................................................................................................12
THEREASONS WHY GRANTING THEEXEMPTION TO BABCOCKAERIALS WOULD NOTADVERSELYAFFECT SAFETY

..............................................................................14 SUMMARYTHAT CAN BE PUBLISHED IN THE FEDERAL REGISTER

...................25 ANYADDITIONAL INFORMATION, VIEWS, ORARGUMENTS AVAILABLE TO SUPPORT BABCOCKAERIALS REQUEST

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

.....................................................................................................................25 APPENDICES

......................................................................................... 26AGL AOI ATC ATO AV CFR COA FAA FAR GCS GPS LOL NAS NOTAM PIC Section 333 

## so SOP UA UAS VFR VLOS VMC VTOL GLOSSARY OFABBREVIATIONS
Above Ground Level AreaofInterest Air Traffic Control AirTraffic Organization Aerial Vehicle Code ofFederal Regulations Certificate ofAuthorization Federal AviationAdministration Federal AviationRegulation Ground Control Station Global Positioning System Loss ofLink National Airspace System Notice to Airman PilotIn Command FAAModernizationandReform Act of2012 (FMRA) Safety Observer Standard Operating Procedures UnmannedAircraft Unmanned Aircraft System Visual FlightRules Visual Line ofSite Visual Meteorological Conditions Vertical TakeoffandLandingSUMMARY BabcockAerials hereafterreferredto as BabcockAerials seeks exemptionfrom therequirements of 14 C.F.R §§ 61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 9L405(a), 91.407(a)(l), 91.409(a)(l) & (a)(2), and 91.417(a) & (b), to operate an Unmanned Aircraft System (DJI Phantom 3) pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (FMRA). This exemption will permit Babcock Aerials to operate an Unmanned Aircraft System (UAS) for the commercialpurpose ofconducting aerial video andphotography ofconstruction sites, residential and commercial real estate, civil landscapes and events over certain areas ofthe United States.

INTRODUCTION AND INTERESTS OF THEPETITIONER Babcock Aerials new company set up to provided their clients (which include private sector businesses and non-profits, along with local state and federal agencies) with expertise and knowledge invideo and multimedia solutions. BabcockAerials has workedfor the lasttwo years providing still and video photography to real estate agencies in all types of locations with a perfect client and employee safety record. The objective ofBabcock Aerials and ourUnmanned Aircraft System (DJI Phantom 3) aerial operations is to provide a more affordable, high-quality production system for a variety of governmental, commercial, public, and residential uses, specificallytargeting



### • Construction sites before and after

• Appraisals



### • Real-estate marketing


### • Economic development


### • Civic landmarks

• Special eventcoverage


### • Private and governmentaltraining

My staffhas safely flown small remote controlled (RIC) electric quadcopters recreationally for approximately 2 years and over 30 years ofamateur RICwithout incident. (AMA member number 166747)

BACKGROUND UnmannedAircraft Systems: DJlPhantom 3, UAS Babcock Aerials seeks an exemption to operate DJI Phantom 3 system.for compensation or hire within the NAS. The DJI Phantom 3 is vertical takeoffand landing (VTOL) Unmanned Aircraft (UA) with a Ground Control Station (GCS) utilizing electronic tablet or smart phone systems.The DJI Phantom 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 flying height of400'. The DJI Phantom 3 is equipped with four main rotors; driven by Lithium Polymerbatterypowered electric motors. The DJI Phantom 3 that will be operated by Babcock Aerials will be registered inaccordance with 49 U.S.C. 44103, Registration ofAircraft, as well as 14 C.F.R Part 47, Aircraft Registration, and marked in accordance with 14 C.P.R. Part 45, Identification andRegistration Marking. Registration completed: UAS CertificateNumber: FA39FTKFAN

BASIS FORPETITION Petitioner, Babcock Aerials, pursuant to the provisions ofthe Federal Aviation Regulations (14 C.P.R. § 11.61) and the FAA Modernization and Reform Act of 2012 (FMRA), Section 333, Special Rulesfor Certain Unmanned Aircraft Systems, hereby petitions the Administrator to commercially operate the DJI Phantom 3, UAS in the National Airspace System (NAS), and for
an exemption from the requirements of 14 C.F.R §§ 61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(l) & (a)(2), and 91.417(a) & (b).
In consideration of the speed, weight, size, and limited operating area associated with the unmanned aircraft and its operation, Babcock Aerials operation ofDJI Phantom 3 UAS meets the conditions ofFMRA Section 333 and therefore, will not require an airworthiness certificate in accordance with 14 C.F.R. Part21, SubpartH. Accordingly, Babcock Aerials requests relief from Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b), as these sections set forth requirements for maintenance that only apply to aircraft with an airworthiness certificate. Babcock Aerials submits that the requested reliefis proper since an equivalent level of safety will be ensured. Babcock Aerials will use experienced personnel or technicians to perform maintenance, alterations, or preventive maintenance on the UAS using the methods, techniques, and practices prescribed in the operating documents (i.e., Monthly Maintenance Log, and DJI Phantom 3 Instruction Manual). Furthermore, Babcock Aerials will document and maintain all maintenance records for the DJIPhantom 3UAS. Relieffrom certain requirements of Section 61.113(a) and (b), entitled Privatepilotprivileges and limitations: Pilot in command, is requested by Babcock Aerials to the extent necessary to allow a Pilot in Command (PIC) holding a private pilot or higher level certificate, as well as an airman medical certificate, and who has demonstrated, by meeting minimum flight-

. hour and currency requirements, that the PIC is able to safely operate the DJIPhantom UAS in a manner consistent with this exemption, including evasive and emergency maneuvers and maintaining appropriate distances from people, vessels, vehicles and structures. Babcock Aerials seeks relieffrom Section 91.7(a), entitled Civil aircraft airworthiness, because the DJI Phantom 3 UAS do not require an airworthiness certificate in accordance with 14 C.P.R.Part 21, Subpart H. As such, Babcock Aerials submits that they will ensure thatthe DJI Phantom 3 UAS is in an airworthy condition, prior to every flight, by determining that the UAS are in compliance with the operating documents (i.e., Monthly Maintenance Log, and DJI Phantom 3 InstructionManual), and thatthe aircraft are in a conditionfor safe flight. Babcock Aerials also seeks an exemption from the requirements of Section 91.121, entitled Altimeter Settings, as the DJI Phantom 3 UAS will not have a typical barometric altimeter onboard. However, altitude information ofthe DJI Phantom 3 UAS will be provided to the PIC via Global Positioning System (GPS) equipment and radio communications telemetry data link, which downlinks from the UA to the GCS for active monitoring ofthe flight path. This altitude information, combined with Babcock Aerials's operation of the DJI Phantom 3 UAS within visual line ofsight, at or below 400 feet AGL, will ensure a level ofsafety equivalent to Section 91.121. Additionally, Babcock Aerials seeks an exemption from the requirements ofSection 91.151(b), entitled Fuel requirementsforflight in VFR conditions. Babcock Aerials submits that safety will not be affected by operation of the DJI Phantom 3 UAS during daylight hours in visual meteorological conditions (VMC) under visual flight rules (VFR), with enough batterypower to fly for a total duration ofapproximately 23 minutes. Battery power indicators are also able to show exactly how much battery power is left, as well as how much time is needed to return safelybackto pointoftake off.
In accordance with 14 C.P.R. § 11.81, Babcock Aerials provides the following information in support ofits petitionfor exemption:

A. Name AndAddress OfThePetitioner. The name and address ofthe Petitioner andpoint ofcontactis: John Erie Babcock President BabcockAerials 4021 FattaDrive Dickinson, TX 77539 713-824-7570 BabcockAerials@gmail.comB. The Specific Sections Of14 C.F.R. FromWhichBabcockAerials Seeks Exemption. 1. Babcock Aerials Seeks Exemption From The Requirements Of Section 61.113(a) And (b). Section 61.113, entitled Private pilot privileges and limitations: Pilot in command, subsections (a) and (b) prescribethe following, inrelevantpart: (a) No person who holds a private pilot certificate may act as a pilot in command (PIC) ofan aircraft that is carrying passengers or property for compensation or hire;
nor may thatperson, for compensation orhire, act as PIC ofan aircraft. (b) A private pilot may, for compensation or hire, act as PIC of an aircraft in connectionwith any business oremployment if.- (1) The flight is only incidentalto thatbusiness or employment; and (2) The aircraft does not carry passengers orproperty for compensation or hire. 2. BabcockAerials Seeks ExemptionFromTheRequirements OfSection 91.7(a). Section 91.7, entitled Civil aircraftairworthiness, subsection (a), states the following: (a) No personmay operate a civil aircraft unless it is in an airworthy condition. 3. BabcockAerials Seeks Exemption FromTheRequirements OfSection 91.121. Section 91.121, entitledAltimeter settings, subsection (a), statesthe following, inpart: (a) Eachperson operating an aircraft shall maintainthe cruising altitude or flight level of that aircraft, as the case may be, by reference to an altimeter that is set, when operating-- (1) Below 18,000 feet MSL, to-- (i) The current reported altimeter setting of a station along the route and within 1 00 nautical miles ofthe aircraft; (ii) Ifthere is no station within the area prescribed in paragraph (a)(l)(i) of this section, the current reported altimeter setting ofan appropriate available station; or (iii) In the case ofan aircraft not equipped with a radio, the elevation ofthe departure airportor an appropriate altimeter setting available before departure.

4. BabcockAerials Seeks ExemptionFromTheRequirements OfSection 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 windand forecast weather conditions) there is enoughfuel tofly to the firstpoint ofintended landing and, assuming normal cruising speed, tofly after that for atleast20 minutes. 5. BabcockAerials Seeks Exemption From The Requirement OfSection 91.405(a). Section 91.405, entitledMaintenance required, subsection (a), states the following: Each

owner or operator ofan aircraft- (a) Shall have that aircraft inspected as prescribed in subpart E ofthis part and shall between required inspections, except as provided in paragraph (c) of this section, have discrepancies repaired as prescribed inpart43 ofthis chapter[.] 6. BabcockAerials Seeks Exemption From The Requirements OfSection 91.407(a)(l) Section 91.407, entitled Operation after maintenance, preventive maintenance, rebuilding, oralteration, subsection (a)(1), states the following: (a) No person may operate any aircraft that has undergone maintenance, preventive maintenance, rebuilding, or alterationunless-- (1) It has been approved for return to service by a person authorized under§ 43.7 ofthis chapter[.] 7. BabcockAerials Seeks Exemption From The Requirements OfSections 91.409(a)(l) And 91.409(a)(2). Section 91.409, entitledInspections, subsection (a), states the following: (a) Except as provided in paragraph (c) ofthis section, no person may operate an aircraftunless, withinthe preceding 12 calendarmonths, ithas had

-- (1) An annual inspection in accordance with part 43 ofthis chapter and has been approved for returnto service by aperson authorizedby§ 43.7 ofthis chapter; or (2) An inspection for the issuance of an airworthiness certificate in accordance withpart21 ofthis chapter.

8. Babcock Aerials Seeks Exemption From The Requirements Of Sections 91.417(a) And 91.417(b). Section 91.417, entitled Maintenance records, subsections (a) and (b), state the following: (a) Except for work performed in accordance with §§ 91.411 and 91.413, each registered owner or operator shall keep the following records for the periods specified inparagraph (b) ofthis section:(1) Records of the maintenance, preventive maintenance, and alteration and records of the 1 00-hour, annual, progressive, and other required or approved inspections, as appropriate, for each aircraft (including the

. airframe) and each engine, propeller, rotor, and appliance ofan aircraft. The records mustinclude-- (i) A description (or reference to data acceptable to the Administrator) ofthe workperformed; and (ii) The date ofcompletionofthe workperformed; and (iii) The signature, and certificate number ofthe person approving the aircraft for returnto service. (2) Records containingthe following information: (i) The total time in service ofthe airframe, each engine, each propeller, and eachrotor. (ii) The current status oflife-limited parts ofeach airframe, engine, propeller, rotor, and appliance. (iii) The time since last overhaul ofall items installed onthe aircraft whichare requiredto be overhauled ona specifiedtime basis. (iv) The current inspection status ofthe aircraft, including the time since the last inspection required by the inspection program under which the aircraft and its appliances are maintained. (v) The current status ofapplicable airworthiness directives (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 whenthe next action is required. (vi) Copies ofthe forms prescribed by§ 43.9(d) ofthis chapter for each major alteration to the airframe and currently installed engines, rotors, propellers, and appliances.

(b) The owner or operator shall retain the following records for the periods prescribed: (1) The records specified inparagraph (a)(l) ofthis 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) ofthis section shall be retained and transferredwiththe aircraft atthe timethe aircraft is sold.(3) A list ofdefects 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 returnto service.



### C. The Extent Of Relief Babcock Aerials Seeks And The Reason Babcock Aerials Seeks TheRelief. 1. 

### Extent OfReliefBabcock Aerials Seeks And The Reason Babcock Aerials Seeks Relief From Section 61.113(a) And (b). Relieffrom Section 61.113(a) and (b) entitled Privatepilotprivileges andlimitations: Pilot in command, is requested to the extent necessary to allow a PIC holding a private pilot or higher level certificate, as well as a current and valid airman medical certificate, and who has met certain flight-hour and currency requirements, to conductthe proposed UAS flight operationsfor compensation orhire. This reliefis requested since the limitations set forth in Section 61.113(a) and (b) state that a private pilot may, for compensation or hire, act as PIC of an aircraft in connectionwith any business or employment if: (1) The flight is only incidental to that business or employment; and (2) The aircraft does not carry passengers orproperty for compensation orhire. As set forth more fully below, BabcockAerials submits that an equivalent level ofsafety will be maintained because no PIC will be allowed to operate the DJI Phantom 3 UAS unless that PIC has met certain flight-hour and currency requirements, demonstrating that the PIC is able

. to safely operate either the DJI Phantom 3 UAS in a manner consistent with the operations Specifications as described in this exemption, including evasive and emergency maneuvers, as well as maintainingappropriate distances from people, vessels, vehicles and structures. Further, Babcock Aerials submits that all flights ofthe DJI Phantom 3 UAS, conducted by the PIC pursuant to the grant ofthis Petition: (1) will be incidental to Babcock Aerials's business; and (2) will notcarrypassengers orproperty for compensationorhire.



### 2. Extent OfReliefBabcock Aerials Seeks And The Reason Babcock Aerials Seeks Relief From Section 91.7(a). Relief from Section 91.7(a) entitled Civil aircraft airworthiness, is requested to the extent required to allow Babcock Aerials to determine that the DJI Phantom 3 UAS are in airworthy condition prior to every flight by ensuring that the UAS is in compliance with the operating documents (i.e., Babcock Aerials Aerial Operations Manual, Monthly Maintenance Log, and DJI Phantom 3Instruction Manual). Babcock Aerials seeks the requested reliefbecause the DJI Phantom 3 UAS do not require an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H. Therefore, Babcock Aerials will ensure that the DJI Phantom 3 UAS are in airworthy condition based upon itscompliance with the operating documents (i.e., Monthly Maintenance Log, and DJI Phantom 3) prior to every flight, and further, determine that the aircraft are in condition for safe flight, as stated inthe conditions and limitations below.

3. Extent OfReliefBabcock Aerials Seeks And The Reason Babcock Aerials Seeks Relief From Section 91.121. Relief from Section 91.121, entitled Altimeter settings, may be required to allow flight operations of the DJI Phantom 3 UAS, which utilize a barometric pressure sensor, GPS equipment, and a radio communications telemetry data link to downlink altitude information from the UA to the PIC at the ground control station (GCS). Since the FAA requires that any altitude information concerning UAS operations be reported to air traffic control (ATC) in feet above ground level (AGL), Babcock Aerials seeks the requested reliefbecause the DJI Phantom 3 UA's altimeter may be set on the ground to zero feet AGL, rather than the local barometric pressure orfield altitude, before each flight. Considering the limited altitude ofthe proposed operations, relieffrom 14 CFR 91.121 is sought to the extent necessary to comply with the applicable conditions and limitations stated below. As
more fully set forth herein, an equivalent level of safety will be maintained since the DJI Phantom 3 UAS are equipped with a barometric pressure sensor and GPS equipment, which automatically ensures that a ground level pressure setting will be established prior to eachflight, andprovidesthe PIC with altitude information ofthe UA onthe heads-up display ofthe GCS.

4. Extent OfReliefBabcock Aerials Seeks And The Reason Babcock Aerials Seeks Relief From Section 91.15l(b). Relief from Section 91.151(b) entitled Fuel requirements for flight in VFR conditions, is requested to the extent required to allow flights ofthe battery powered DJI Phantom 3 UAS during daylight hours in visual meteorological conditions (VMC), under visual flight rules (VFR), for a total duration of23 minutes. Babcock Aerials seeks the requested reliefbecause without an exemption from Section 91.151(b), the flight time duration ofthe battery powered DJI Phantom 3 UAS will severely constrain the practicality of any aerial video or still photo flight operationsthat BabcockAerials proposesto conductpursuantto this Petition. Significantly, as set forth below, the technical specifications ofthe DJI Phantom 3 UAS, the DJI Phantom 3 operating documents, and Babcock Aerials's proposed operating limitations, ensure that Babcock Aerials will safely operate the battery powered DJI Phantom 3 UAS during daylight hours in visual meteorological conditions (VMC), under visual flight rules (VFR), with enoughbatterypowerto fly for atotal durationof23 minutes.

5. Extent OfReliefBabcock Aerials Seeks And The Reason Babcock Aerials Seeks Relief From Sections 91.405(a), 91.407(a)(l), 91.409(a)(l) & (a)(2), And 91.417(a) & (b).Since Sections 91.405(a), 91.407(a)(l), 91.409(a)(l) & (a)(2), and 91.417(a) & (b) only apply to aircraft with an airworthiness certificate, Babcock Aerials requests relief from these Sections because the DJI Phantom 3UAS do notrequire airworthiness certificates. As set forth more fully below, the DJI Phantom 3UAS meet the conditions ofFMRA Section 333 for operationwithout
an airworthiness certificate. Accordingly, Babcock Aerials will use trained technicians to perform maintenance, alterations, or preventive maintenance on the UAS using the methods, techniques, and practices prescribed in the UAS operating documents (i.e., the Babcock Aerials Aerial Operations Manual, Monthly Maintenance Log, and DJI Phantom 3 Instruction Manual). Furthermore, Babcock Aerials will document and maintain all maintenance records for the DJI Phantom 3UAS.

D. The Reasons Why GrantingBabcockAerials Request Would Be In The Public Interest; ThatIs, How ItWouldBenefitThePublicAs A Whole. Granting the present Petition will further the public interest by allowing Babcock Aerials to safely, efficiently, and economically perform aerial video and photography ofconstruction sites, real estate, events and civic landscape over certain areas ofthe United States. Additionally, use of the DJI Phantom 3 UAS will decrease congestion of the NAS, reduce pollution, and provide significant benefits to the economy. Notably, the benefits of Babcock Aerials'sproposed operation ofthe DJI Phantom 3UAS willberealized without implicating any pnvacytssues.

1. ThePublicWillBenefitFromDecreased Congestion OfTheNAS. The DJI Phantom 3 UAS are battery powered and serve as a safe, efficient, and economical alternative to the manned aircraft traditionally utilized to obtain aerial imagery. By reducing the amount ofmanned aircraft needed to perform aerial acquisitions, an exemption allowing the use ofa DJI Phantom 3 UAS would reduce the amount ofmanned aircraft in the NAS, reduce noise and airpollution, as well as increasethe safety oflife and property inthe air and onthe 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 DJI Phantom 3 UAS do not require an airport to takeoff or land. Likewise, a reduction of manned aircraft conducting aerial video and photography missions would result in fewer aircraft that must be handledby airtraffic control during the ground, takeoff, departure, arrival, and landingphases of flight operations.

2. ThePublicWillBenefitFromThe SafetyAndEfficiency OfTheDJIPhantom3 UAS.Conducting aerial acquisitions with the DJI Phantom 3 UAS, instead ofmanned aircraft, will greatly benefit the public by drastically reducing the levels ofair and noise pollution generated during traditional aerial video and still photography flight operations. By using battery power and electric motors, the DJIPhantom 3 UAS produce no air pollution, and is the most viable environmentally conscious alternative to the cabin class, six cylinder internal combustion engine aircraft that are typically utilized for aerial video and photography, while burning approximately 20-30 gallons per hour of leaded aviation fuel. The DJI Phantom 3 UAS, while reducing the carbon footprint ofaerial acquisitions, also eliminates noise pollution, as the UAS are propelled bybattery poweredelectric motors, ratherthan an internal combustionengine. By using the DJI Phantom 3 UAS to perform aerial acquisitions, the substantial risk to life and property inthe air and onthe ground, whichis usually associated withtraditional manned aircraft flight operations, will be substantially reduced or completely eliminated. Aside from the lack of flight crew members located onboard the aircraft, the DJI 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 typically conduct similar operations (weighing approximately 6,000 pounds with a wingspan ofapproximately 42 feet, alength of34feet, and afuel capacity of180 gallons). 3. PerformingAerialVideo andPhotographyOperationsWithTheDJIPhantom3 UAS WillBenefitTheEconomy. In addition to being safe and efficient, the DJI Phantom 3 UAS are also an economical alternative to using manned aircraft to conduct similar aerial operations. As such, operation of the DJI Phantom 3 UAS will allow United States based companies, like Babcock Aerials, to remain competitive and contribute to growth ofthe U.S. economy. Specifically, with the rising cost of aviation fuel and the Environmental Protection Agency ("EPA") regulatory actions phasing out leaded aviation fuels, U.S. owned and operated companies must adopt new and alternative technology in order to remain competitive. Operating the battery powered DJI Phantom 3 UAS is one such technology that not only allows companies greater operational flexibility compared to manned aircraft, but provides such flexibility without the high operational cost ofatraditional manned aircraft. By operating the DJI Phantom 3 UAS, companies such as Babcock Aerials, can remain competitive and profitable, and therefore, provide greater job stability to employees and contractors, which will ultimately contribute to growth ofthe U.S. economy. Improved financial performance ofU.S. companies, through commercial use ofthe DJI Phantom 3 UAS, provides a stable workforce that increases consumer spending; improves local, state, and federal tax revenues; and allows companies to invest in research and development in order to remain competitivebothinthe United States and abroad.

4. ThereAreNo PrivacyIssues.Similar to the manned aerial acquisition flight operations that have been conducted for decades, BabcockAerials's proposed operation ofthe DJI Phantom 3 UAS.will not implicate any privacy issues. Specifically, the DJI Phantom 3 UAS will be operated only in compliance with operating documents (i.e., Babcock Aerials Aerial Operations Manual, Monthly Maintenance Log, and DJI Phantom 3 Instruction Manual) which requires property owner involvement as well as local law enforcement notification, and in accordance with the Federal Aviation Regulations, includingthe minimum altitude requirements of14 C.P.R.§ 91.119. E. The Reasons Why Granting The Exemption Would Not Adversely Affect Safety, Or How The Exemption Would Provide A Level Of Safety At Least Equal To That Provided By The Rule From Which BabcockAerials Seeks Exemption. 1. Reasons Why The DJI Phantom 3 UAS Meet The Conditions Of The FAA Modernization and Reform Act of2012 (FMRA) Section 333.
In consideration of the size, weight, speed, and limited operating area associated with the unmanned aircraft and its operation, Babcock Aerials's operation ofthe DJI Phantom 3 UAS meet the conditions ofFMRA Section 333, and will not require an airworthiness certificate in accordance with 14 C.F.R. Part 21, SubpartH. Section 333 provides authority for a UAS to operate without airworthiness certification and sets forth requirements for considering whether a UAS will create ahazardto users ofthe NAS orthe public, or otherwise pose a threat to national security. Specifically, FMRA Section 

### 333 states the following, inpart: (a) In General.--Notwithstanding any other requirement of this subtitle, andnot later than 180days after the date of enactment of thisAct, the Secretary of Transportation shall determine 

### ifcertain unmanned aircraft systems may operate safely in the national airspace system before completion of the plan and rulemaking required by section 332 of thisActor the guidance requiredbysection 334 of thisAct. (b) Assessment ofUnmannedAircraft Systems.--In making the determination under subsection (a), the Secretaryshalldetermine, ata minimum-- (1) which types of unmannedaircraft systems, 

### if any, as a result of their size, weight, speed, operational capability, proximity to airports andpopulated areas, andoperation withinvisual line of sightdo not create a hazardto users ofthe national airspace system or the public orpose a threat to national security; and (2) whether a certificate of waiver, certificate of authorization, or airworthiness certification under section 44704 oftitle 49, United States Code, is requiredfor the operation ofunmanned aircraft systems identified underparagraph (1). (c) Requirementsfor Safe Operation.--lfthe Secretary determines under this section that certain unmanned aircraft systems may operate safely in the national airspacesystem, the Secretary shall establish requirementsfor the safe operation ofsuch aircraftsystems in the nationalairspace system. In seeking this exemption, Babcock Aerials submits that the DJI Phantom 3 UAS can operate safely in the NAS pursuant to FMRA Section 333, as demonstrated by: (a) the characteristics of the DJI Phantom 3 UAS; (b) the pilot certification requirement; and (c) the specific operating limitations.

a. The Specifications OfTheDJIPhantom3 UAS DemonstrateIts Safe Characteristics. The DJI Phantom 3UAS does not create a hazard to users ofthe NAS orthe public, orotherwise pose athreatto national security considering its size, weight, speed, and operational capability. i. Technical Specifications OfTheDJIPhantom3 UAS. The technical specifications ofthe DJI Phantom 3 UAS are set forth bythe DJI Phantom 3 User Manual, attachedhereto as Appendix A. ii. TheDJIPhantom3 UAS GlobalPositioningModes EnableTheUAS ToRemain WithinA Defined OperationalArea. The DJI Phantom 3UAS may be operated inboth manual and global positioning flight modes. A complete description ofthe flight and navigational modes ofthe DJI Phantom 3 UAS is provided at pages 11 ofthe DJI Phantom 3User Manual attachedhereto as Appendix A. iii. TheDJIPhantom3 UAS AreDesigned ForAutomaticReturnTo HomePoint OrHoverInTheEventOfLoss OfTheControlLinkOrNavigation. When the Control Link is lost, the DJI Phantom 3 UAS will remain stationary, in flight, for 3 seconds ormore. If, after 3 seconds, the DJI Phantom 3UAS does not reacquire control link data from the GCS, the UAS will assume that the Control Link is lost and the will return to the home position (i.e., failsafe mode) via GPS, and will descendto the takeoffposition and shutdown. A complete description ofthe Failsafe Functions ofthe DJI Phantom 3 UAS are set forth at pages 12 through 14 ofthe DJI Phantom 3UserManual, attachedhereto as Appendix A. iv. TheDJIPhantom3 GCSAndIts Operation. A complete description ofthe operation and specifications ofthe DJI Phantom 3 GCS and flight control software is provided at pages 23 through 29 ofthe DJI Phantom 3 User Manual. DJI Phantom 3User Manual is attachedhereto as Appendix A. b. Flight Operations OfDJIPhantom3 UAS Is LimitedToTheLine OfSightOfA CertificatedPilotin CommandWithA Safety Observer. Babcock Aerials video production staffwill be the only persons to act as a pilot in command (PIC) ofthe DJI Phantom 3 UAS. Additionally, a safety observer will assist him at all times during flight time.c. Flights OfDJI Phantom 3 UAS WillBe Conducted Pursuant To Specific Operating Limitations. In seeking this exemption, BabcockAerials proposes to commercially operate DJI Phantom 3 UAS for the specialpurpose ofconducting aerial video and photography overcertain areas of United States, pursuantto the following specific operating limitations. 1. Operations authorized by this grant ofexemption will be limited to the following aircraft described in the operating documents, rotorcraft UAS weighing less than 55 pounds maximum gross weight: DJI Phantom 3 Unmanned Aircraft Systems. Proposed operations ofany other aircraft will require a new petition or a petition to amend this grant.

2. UAS operations under this exemption will be limited to conducting operations for the purpose ofaerial video andphotography. 3. The UAS may notbe flown at anindicated airspeed exceeding 20 knots. 4. The UA mustbe operated at an altitude ofno more than 400 feet above ground level (AGL), as indicated by the procedures specified in the operating documents unless a special request is made and approved by ATC. All altitudes reported to ATC must be infeetAGL. 5. The UAS must be operated within visual line of sight (VLOS) ofthe PIC at all times. This requires the PIC ·to be able to use human vision unaided by any device other than corrective lenses, as specified on the PIC's FAA-issued airman medical certificate. 6. The use of first person view (FPV) by the PIC or safety observer (SO) is not permitted. 7. All operations must utilize a safety observer (SO). The SO may be used to satisfy the VLOS requirement as long asthe PIC always maintains VLOS capability. The SO and PIC must be able to communicate verbally at all times. Electronic messaging or texting is not permitted during flight operations. The PIC must be designated before the flight and cannot transfer his or her designation for the duration ofthe flight. The PIC must ensure that the SO can perform the functions prescribed in the operating documents. 8. The SO must notperform any other duties beyond assisting the PIC with seeing and avoiding other air traffic and other ground based obstacles/obstructions and is not permitted to operate the cameraor 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 exists between the conditions and limitations contained in the grant ofexemption and the procedures outlined in the operating documents, the conditions and limitations contained inthe grant ofexemptiontake precedence and must be followed. Otherwise, the operator must follow the procedures as outlined in its operating documents. The operator may update or revise its operating documents. It is the operator's responsibility to track such revisions and present updated and revised documents to the Administrator upon request. The operator must also present updated and revised documents if it petitions for extension or amendment to the grant of exemption. If the operator determines that any update or revision would affect the basis upon which the FAA granted the exemption, then the operator must petition for amendment to its grant ofexemption. The FAA's UAS Integration Office (AFS-80) may be contacted if questions arise regarding updates or revisions to the operating documents.

10. Priorto each flight the PIC mustinspectthe UAS to ensure that it is in a condition for safe flight. Ifthe 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 mustbe properly documented inthe aircraftrecords.

11. Any UAS that has undergone maintenance or alterations that affect the UAS operation or flight characteristics, e.g. replacement of a flight critical component, must undergo a functional test flight. The PIC who conducts the functional test flight mustmake an entry inthe aircraftrecords. 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 ofthe operating documents. 13. The operator must follow the UAS manufacturer's aircraft/component, maintenance, overhaul, replacement, inspection, and life limitrequirements. 14. The operator must carry out its maintenance, inspections, and record keeping requirements, in accordance with the operating documents. Maintenance, inspection, alterations, and status ofreplacement/overhaul component parts must be noted in the aircraft records, including total time in service, description of work accomplished, andthe signature ofthe authorizedpersonreturning the UAS to service. 15. Each UAS operated under this exemption must comply with all manufacturer Safety Bulletins. 16. The authorized person must make an entry in the aircraft record ofthe corrective actiontaken against discrepancies discoveredbetweeninspections. 17. The PIC mustpossess at least aprivate pilot certificate and at least a currentthirdclass medical certificate.18. The operator may not permit any PIC to operate unless the PIC meets the operator's qualification criteria and demonstrates the ability to safely operate the UAS ina manner consistent withhowthe UAS will be operatedunder the exemption, including evasive and emergency maneuvers and maintaining appropriate distances from persons, vessels, vehicles and structures. PIC qualification flight hours must be logged in a manner consistent with 14 C.F.R. § 61.51(b). Flights for the purposes of training the operator's PICs are permitted under the terms of the exemption. However, training operations may only be conducted during dedicated training sessions. During training, proficiency, and experience-building flights, all persons not essential for flight operations are considered nonparticipants, and the PIC must operate the UA with appropriate distance from nonparticipants in accordance with 14 C.F.R. § 91.119. 19. UAS operations may not be conducted during night, as defined in 14 C.F.R. § 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 ofoperations. Flights under special visual flight rules (SVFR) are not authorized.
20. The UA may not operate within 5 nautical miles ofan airport reference point as denoted on a current FAA-published aeronautical chart unless a letter ofagreement 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 uponrequest. 21. The UA may not be operated less than 500 feet below or less than 2,000 feet horizontally from a cloud orwhenvisibility is lessthan 3 statute miles from the PIC. 22. Ifthe UA loses communications or loses its GPS signal, it must return to a predetermined location within the planned operating area and land or be recovered in accordance withthe operating documents. 23. The PIC must abortthe flight inthe eventofunpredictedobstacles oremergencies in accordance withthe operating documents.
24. The PIC is prohibited from beginning a flight unless (considering wind and forecast weather conditions) there is enough power to fly atnormal cruising speed to the intended landingpoint and landthe UA with25%batterypowerremaining.
25. The operator must obtain an Air Traffic Organization (ATO) issued Certificate of Waiver orAuthorization (COA)priorto conducting 

### any operations under the grant of exemption. This COA will also require the operator to request a Notice to Airman (NOT AM) not more than 72 hours in advance, but not less than 48 hours priorto the operation. All operations shall be conductedin accordance with airspace requirementsin the ATO issued COA including class of airspace, altitude level and potential transponderrequirements. 26. All aircraft operated in accordance withthe exemptionmustbe identifiedby serial number, registered in accordance with 14 C.F.R. part 47, and have identification (NNumber) markings in accordance with 14 C.F.R. part 45, Subpart C. Markings must be as large as practicable. 27. Before conducting operations, the radio frequency spectrum used for operation and control ofthe UA must comply with the Federal Communications Commission (FCC) or other appropriate government oversight agency requirements. 28. The documents required fewer than 14 C.F.R. 91.9 and 91.203 must be available to the PIC at the Ground Control Station ofthe UAS any time the UAS is operating. These documents must be made available to the Administrator or any law enforcement official uponrequest. 29. The UA must remain clear and yield the right of way to all manned aviation operations and activities at all times. 30. The UAS may notbe operatedbythe PIC from any moving device or vehicle. 31. Flight operations must be conducted at least 500 feet from all nonparticipating persons (persons other than the PIC, SO, operator trainees or essential persons), vessels, vehicles, and structures unless:

a. Barriers or structures are present that sufficiently protect nonparticipating persons from the UA and/or debris in the event ofan 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 ofthe UA, flight operations must cease immediately and/or; b. The aircraft is operated near vessels, vehicles or structures where the owner/controller ofsuch vessels, vehicles or structures has granted permission and the PIC has made a safety assessment ofthe risk of operating closer to those objects and determinedthat it does notpresent an undue hazard, and;

c. Operations nearer to the PIC, SO, operator trainees or essential persons do notpresent anundue hazardto those personsper§ 91.119(a). 32. All operations shall be conducted over private or controlled-access property with permission from the land owner/controller or authorized representative. Permission from land owner/controller or authorized representative will be obtained for each flight to be conducted. 33. Any incident, accident, or flight operation that transgresses the lateral or vertical boundaries ofthe operational area as defined by the applicable COA must be reported to the FAA's UAS Integration Office (AFS-80) within 24 hours. Accidents must bereported to the National Transportation Safety Board (NTSB) per instructions contained onthe 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. Babcock Aerials submits that the equivalent level ofsafety established by Section 61.113(a) and (b) will be maintained because no PIC will be allowedto operate the DJI Phantom 3 UAS unless that PIC has demonstrated, by meeting minimum flight-hour and currency requirements, that the PIC is able to safely operate the DJI Phantom 3 UAS in a manner consistentwiththe exemption, including evasive and emergency maneuvers·and maintaining appropriate distances from people, vessels, vehicles and structures. Considering Babcock Aerials's proposed area of operations, and the operating limitations set forth-above; the parallel nature ofprivate pilot aeronautical knowledge requirements to those of commercial pilot requirements (See ExemptionNo. 11062); and the airmanship skills necessary to safely operate the DJI Phantom 3 UAS, Babcock Aerials submits that the additional manned airmanship experience ofa commercially certificated pilot would notcorrelate to the airmanship skills necessary for BabcockAerials's specific proposed flight operations. The FAA has previously granted relief from Section 61.113(a) and (b) specific to UAS, in circumstances similar, in all material respects, to· those presented herein (e.g. Exemption Nos. 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110, 11112, 11136, 11138, 11150, 11153,11156, 11158,'11159, 11160, 11161). Babcock Aerials will not allow any PIC to operate the DJI Phantom 3 UAS unless that PIC has demonstrated, bymeeting minimumflight-hour requirements orthe DJI Phantom 3 UAS training and currency requirements, that the PIC is able to safely operate the DJI Phantom 3 UAS in a manner consistent with this exemption, including evasive and emergency maneuvers and maintaining appropriate distances from people, vessels, vehicles and structures. Specifically, the PIC musthave accumulated and logged, in amanner consistent with 14 C.P.R. § 61.51(b), 25 hours oftotal time as a UAS rotorcraft pilot (with a minimum of5 hours ofthose hours as a UAS pilot operatingthe same make and model ofUASto be used for operations under the exemption). In addition to the hour requirements, the PIC must accomplish 3 takeoffs and landings inthepreceding 90 days (for currencypurposes). 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 Babcock Aerials's proposed operations. The Administrator has held that prior documented flight experience that was obtained in compliance with applicable regulations would
ensure safe operations, stating as follows:
In Exemption No. 11062, the FAA required that prior to conducting operations for the purpose ofmotionpicture filming (or similaroperations), the PIC must have accumulatedand logged, in a manner consistent with 14 CFR 61.51(b), 25 hours oftotal time as a UAS rotorcraft pilot including at least 10 hours logged as a UAS pilot with

### a multi-rotor UAS. Prior to operations under Exemption No. 11062, the PIC must also have accumulated and logged a minimum of5 hours as a UAS pilot operating the same make and model ofUAS to be used for operations under the exemption. For clarification, the FAA considers these minimum hourrequirements to be inclusive rather than additive; i.e. 5hours make and model time may be included in the 10 hours ofmulti-rotortime and the 10 hours may be included in the total25 hours ofUAS 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 inExemptionNo. 11062 are appropriate to practice andbuildproficiency in the skills necessary to safely conduct the petitioner's proposed operations. The FAA also finds that prior documented flight experience that was obtained in compliance with applicable regulations would satisfy this requirement. Training, proficiency, and experience-building flights can also be conducted under the grant of exemption to accomplishthe required flight time. Duringtraining, proficiency, and experience-building flights the PIC is required to operate the UA with appropriate distances in accordance with 14 C.F.R91.119.

ExemptionNo. 11138 atpage 15. Accordingly, BabcockAerials will ensure safe operations by not allowing any PIC to operate the DJI Phantom 3 UAS unless that PIC has demonstrated, by meeting minimum flight-hour and currency requirements, that the PIC is able to safely operate the DJI Phantom 3 UAS in a manner consistent with the exemption, including evasive and emergency maneuvers and maintaining appropriate distances from people, vessels, vehicles and structures.

3. Reasons Why An Exemption From The Requirements Of Section 91.7(a) Would Not Adversely Affect Safety. The equivalent level ofsafety established by Section 91.7(a) will be maintained because prior to every flight, Babcock Aerials will ensure that the DJI Phantom 3 UAS is in an airworthy condition based upon the UAS's compliance with its operating documents and as stated in the conditions and limitations herein. Additionally, the FAA has previously granted relieffrom Section 91.7(a) specific to UAS, in circumstances similar, in all material respects, to those presented herein (e.g. Exemption Nos. 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110, 11112, 11136, 11138, 11150, 11153, 11156, 11157, 11158, 11159, 11160, 11161).4. Reasons Why An Exemption From The Requirements Of Section 91.121 Would Not Adversely Affect Safety. The equivalent level of safety established by Section 91.121 will be maintained because the altitude information ofthe DJI Phantom 3 UAS will be provided to the PIC via GPS equipment and a radio communications telemetry data link, which downlinks from the UA to the GCS for active monitoring of the flight path and altitude. This altitude information, combined with Babcock Aerials's operation ofthe DJI Phantom 3 UAS within visual line ofsight, at or below 500 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 initiationpoint is automatically establishedby the UAS at ground level. The FAA has previously granted relieffrom 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 91.15l(b) Would Not Adversely Affect Safety. A grant ofthis 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 ofthe DJI Phantom 3 UAS; (2) the limitations on the proposed flight operations; and (3) the location of the proposed flight operations. Accordingly, Babcock Aerials will ensure that it will safely operate the battery powered DJI Phantom 3 UAS during daylight hours in VFR conditions, with enough battery powerto fly for atotal duration of23 minutes. Here, as in Exemption No. 11109, the technical specifications ofthe DJI Phantom 3 UAS; the limitations on the proposed flight operations; and the location ofthe proposed operations, will
ensure an equivalent level of safety established by 14 C.P.R. Section 91.151(b). Furthermore, safety will be ensured as the DJI Phantom 3UAS provide audible and visual warnings to the PIC at the GCS when the UAS experiences low battery voltage, the first warning occurring at approximately 33o/o remaining battery power, and again at approximately 10o/o remaining battery power. At the critically low battery level, the DJI Phantom 3 UAS will descend and land automatically. Significantly, previous exemptions granted by the FAA concerning Section 91.151 establish that safety is not adversely affected whenthe technical characteristics and operating limitations ofthe UAS are considered. Relief has been granted for manned aircraft to operate at less· than the minimums prescribed in Section 91.151,**in~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).

### 6. Reasons Why An Exemption From The Requirements Of Sections 91.405(a), 91.407(a)(l), 91.409(a)(l) & 

### (a)(2), And 91.417(a) & 

### (b) Would Not Adversely Affect Safety.
In seeking this exemption, Babcock Aerials 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)(l), 91.409(a)(l) & (a)(2), and 91.417(a) & (b) will be metbecause Babcock Aerials will use trained technicians to perform maintenance, alterations, or preventive maintenance on the UAS using the methods, techniques, and practices prescribed in the operating documents (i.e., Babcock Aerials Aerial Operations Manual, Monthly Maintenance Log, and DJI Phantom 3 Instruction Manual). Furthermore, Babcock Aerials will document and maintain all maintenance records for the DJI Phantom 3UAS. Since the DJI Phantom 3 UAS will be inspected as prescribed by the operating documents, Babcock Aerials will maintain the equivalent level of safety established by Sections 91.405(a), 91.409(a)(l), and 91.409(a)(2). A copy ofthe DJI Phantom 3 User Manuals are attached hereto
as Appendix A and B; a copy ofthe DJI Phantom 3 UAS Maintenance LOG is attached hereto as Appendix C. Likewise, the exemption sought will not adversely affect safety because Babcock Aerials will
use trained technicians to perform maintenance, alterations or preventive maintenance on the UAS usingthe methods, techniques, andpracticesprescribedbythe operating documents. Furthermore, the exemption sought would maintain an equivalent level ofsafety established by Sections 91.407, 91.417(a) and 91.417(b), because all maintenance ofthe DJI Phantom 3 UAS will be performed by trained technicians. Maintenance will be documented and maintained utilizing the monthly maintenance log. Significantly, previous exemptions granted by the FAA concerning Sections 91.405(a), 91.407(a)(1), 91.409(a)(l) & (a)(2), and 91.417(a) & (b) establish that safety is not adversely affectedwhenthetechnical characteristics and operating limitations ofthe UAS are considered. In consideration ofBabcock Aerials's proposed operating limitations, the operating documents, and the technical aspects ofthe DJI Phantom 3 UAS, Babcock Aerials submits that safety will not be adversely affected by granting exemption from 14 C.P.R. Sections91.405(a), 91.407(a)(1) and (a)(2), 91.409(a)(2), and 91.417(a) and (b). The FAA has previously granted reliefspecific to UAS in circumstances similar, in all material respects, to those presented herein (e.g. Exemption Nos. 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110, 11112, 11136, 11138, 11150, 11153, 11156, 11157, 11158, 11159, 11160, 11161).



### 7. TheFAA MayPrescribeAny OtherConditions ForSafe Operation.
In accordance with Section 333 ofthe FAA Modernization and Reform Act of2012 (FMRA) and 14 C.F.R. § 21.16 entitled Special Conditions, Babcock Aerials requests that the FAA

### prescribe special conditions for the intended operation ofthe DJI Phantom 3UAS, which contain such safety standards that the Administrator finds necessary to establish a level of safety equivalentto that established by 14 C.F.R. Part 21, Subpart H, and 14 C.F.R §§ 

### 61.113(a) & 

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

### (a)(2), and 91.417(a) & 

### (b). Such special conditions will permit safe operation of the UAS for the limited purpose of conducting aerial video and photography over certain areas of the United States for compensation or hire. FMRA Section 333 sets forth the requirements for considering whether a UAS will create a hazard to users ofthe NAS orthe public, or otherwise pose athreat to national security; and further, provides the authority for such UAS to operate without airworthiness certification in accordance with any requirements that must be established for the safe operation ofthe UAS inthe NAS. Likewise, the Administrator may prescribe special conditions pursuant to 14 C.F.R. § 

### 21.16, for operation ofthe DJI 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 Conditions, states the following: If the FAA finds that the airworthiness regulations of this subchapter do not contain adequate or appropriate safety standards for an aircraft, aircraft engine, or propeller because ofa novel or unusual design feature ofthe aircraft, aircraft engine or propeller, he prescribes special conditions and amendments thereto for the product. The special conditions are issued in accordance with Part 11 ofthis chapter and contain suchsafety standards for the aircraft, aircraft engine or propeller as the FAA finds necessary to establisha level ofsafety equivalentto that established inthe regulations. See 14 C.F.R. §21.16. Therefore, in accordance with FMRA Section 333 and 14 C.F.R. § 21.16, the FAA may prescribe special conditions for Leading Edge's intended operation ofthe DJI Phantom 3 UAS, which contain such safety standards that the Administrator finds necessary to establish a level of safety equivalent to that established by 14 C.F.R. Part 21, Subpart H, and 14 C.F.R Sections 61.113(a) & 

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

### (a)(2), and 91.417(a) & 

### (b).

• A Summary That Can Be Published In The Federal Register, stating: The Rules FromWhich BabcockAerials Seeks Exemption:

Babcock Aerials seeks exemption from· the requirements of 14 C.F.R Sections 61.113(a)&(b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(l), 91.409(a)(l) & (a)(2), and91.417(a) & (b). 

### ABriefDescription OfTheNature OfTheExemptionBabcockAerials Seeks:This exemption will permit Babcock Aerials to commercially operate an Unmanned Aircraft System (UAS)for thepurpose of conducting aerial video andphotography over certain areas of the UnitedStates.



### • Any Additional Information, Views, Or Arguments Available To Support BabcockAerials's Request.

This Petitionis made pursuantto the FAAModernization and Reform Act of2012 (FMRA) Section 333, which directs the Secretary ofTransportation to determine ifcertain UAS may operate safely in the NAS. As such, Babcock Aerials's request for exemption may be grantedpursuantto the authority ofFMRA Section 333 and 14 C.F.R. Part 11, as setforth above.
FMRA Section 333 sets forth the requirements for considering whether a UAS will create a hazard to users ofthe NAS or the public, or otherwise pose a threat to national security; and further, provides the authority for suchUAS to operate without airworthiness certification.
As discussed in detail above, Babcock Aerials will operate the DJI Phantom 3 UAS safely inthe NAS, without creating a hazard to users ofthe NAS, or the public, or otherwise pose a threat to national security. 

### CONCLUSION
As set forth herein, Babcock Aerials seeks an exemption pursuant to 14 C.F.R. § 11.61 and Section 333 ofthe FAAModernization and Reform Act of2012 (FMRA), whichwill permit safe operation ofthe DJI Phantom 3 UAS commercially, without an airworthiness certificate, for the limited purpose of conducting aerial video and photography over certain areas of the United States. By granting this Petition, the FAA Administrator will be fulfilling the Congressional mandate ofthe FAA Modernization and Reform Act of2012, while also advancing the interests ofthe public, by allowing Babcock Aerials to safely, efficiently, and economically operate the DJIPhantom 3 UAS commercially withintheNAS. WHEREFORE, in accordance with the Federal Aviation Regulations and the FAA Modernization and Reform Act of2012, Section 333, Babcock Aerials respectfully requests that the Administrator grant this Petition for an exemption from the requirements of 14 C.F.R Sections 61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b), and permit Leading Edge to operate the DJI Phantom 3 UAS commercially for the purpose ofconducting aerial video and photography over certain areas of the United States.Dated: January 21, 2016 Respectfully submitted,

JohnErie Babcock President BabcockAerials 4021 FattaDrive Dickinson, TX 77539 713-824-7570 BabcockAerials@gmail.com

Appendices:

A- Linkto DJI Phantom 3 Manual: Clickonlinkbelowhttp://download.djiinnovations.com/downloads/phantom 3/en/Phantom 3 Professional User Manual vl.2 en.pdf