FROM:

Patrick A. Ewald Hawk Bait Aerial Photography 256 Horizon Circle Grass Valley, CA 95945 Tel: 530

- 624

- 4874 Email: Patman561@gmail.com

TO:

DOCKET OPERATIONS

ROOM W12

- 140 OF THE WEST BUILDING GROUND FLOOR 1200 NEW JERSEY AVENUE, SE. WASHINGTON, DC, 20590

Regulatory Docket No.

PETITION FOR EXEMPTION OF: Hawk Bait Aerial Photography FOR AN EXEMPTION SEEKING RELIEF FROM THE REQUIREMENTS OF

TITLE 14 OF THE CODE OF FEDERAL REGULATIONS PART 21, SUBPART H AND SECTIONS §§ 61.113(a) & (b), 91.109, 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), AND 91.417(a) & (b) CONCERNING COMMERCIAL OPERATION OF DJI PHANTOM 3 PROFE SSIONAL UNMANNED AIRCRAFT SYSTEMS PURSUANT TO SECTION 333 OF THE FAA MODERNIZATION AND REFORM ACT OF 2012 (PUBLIC LAW 112

- 95)

Submitted on August 21, 2015TABLE OF CONTENTS

GLOSSARY OF ABBREVIATIONS

................................ ................................ ................................ ....... 2

SUMMARY

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

INTRODUCTION AND INTERESTS OF PETITIONER

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

BACKGROUND

................................ ................................ ................................ ................................ .............. 5

BASIS FOR PETITION

................................ ................................ ................................ ................................ . 5

NAME AND ADDRESS OF PETITIONER

................................ ................................ ............................ 7

THE SPECIFIC SECTIONS OF 14 C.F.R. FROM WHICH HAWK BAIT AERIAL PHOTOGRAPHY SEEKS EXEMPTION..........................................................

..... 8

THE EXTENT OF RELIEF HAWK BAIT AERIAL PHOTOGRAPHY SEEKS AND THE REASON HAWK BAIT AERIAL PHOTOGRAPHY SEEKS THE RELIEF....................11

THE REASONS WHY GRANTING HAWK BAIT AERIAL PHOTOGRAPHY REQUEST WOULD BE IN THE PUBLIC INTEREST ................................ .........................14

THE REASONS WHY GRANTING THE EXEMPTION WOULD NOT ADVERSELY AFFECT PUBLIC SAFETY............................................................................17

SUMMARY THAT CAN BE PUBLISHED IN THE FEDERAL REGISTER

.......................... 31

ANY ADDITIONAL INFORMATION, VIEWS, OR ARGUMENTS AVAILABE TO SUPPORT HAWK BAIT AERIAL PHOTOGRAPHY'S REQUEST.............................31

REQUEST FOR BLANKET COA APPROVAL.....................................................32

CONCLUSION

................................ ................................ ................................ ................................ .............. .. 32

APPENDIX A

- DJI PHANTOM 3 PROFFESIONAL TECHNICAL SPECIFICATIONS...34

APPENDIX B

- DJI PHANTOM 3 PROFESSIONAL MANUFACTURER' S USER MANUAL..................................................................................................37

APPENDIX C

- MONTHLY MAINTENANCE LOG..............................................38

2GLOSSARY OF ABBREVIATIONS

AGL Above Ground Level

AOI Area of Interest

ATC Air Traffic Control

ATO Air Traffic Organization

AV Aerial Vehicle

CFR Code of Federal Regulations

COA Certificate of Authorization

FAA Federal Aviation Administration

FAR Federal Aviation Regulation

GCS Ground Control Station

GPS Global Positioning System

LOL Loss of Link

NAS National Airspace System

NOTAM Notice to Airman

PIC Pilot In Command

Section 333 FAA Modernization and Reform Act of 2012 (FMRA) Section 333

SO Safety Observer

SOP Standard Operating Procedures

UA Unmanned Aircraft

UAS Unmanned Aircraft System

VFR Visual Flight Rules

VLOS Visual Line of Site

VMC Visual Meteorological Conditions

VTOL Vertical Takeoff and Landing

3SUMMARY

Hawk Bait Aerial Photography (Patrick A. Ewald) seeks exemp tion from the requirements of 14 C.F.R §§ 61.113(a) & (b), 91.109, 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a) (2), and 91.417(a) & (b), to operate an Unmanned Aircraft System pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (FMRA). This exemption will permit Hawk Bait Aerial Photography to operate an Unmanned Aircraft System (UAS) for the commercial purpose of conducting aerial video and photography of Real Estate Properties for homeowners, realtors, home contractors, home inspectors for real estate marketing and inspection of home exteriors, as well as filming of special events, film sets, scripted and unscripted television sets, conducting power line inspections, landscape, aerial mapping, surveying and s earch and rescue over certain areas of the United States.

INTRODUCTION AND INTERESTS OF PETITIONER

Hawk Bait Aerial Photography is a production company based in California specializing in real estate videography, photography, music video production, spec ial event production and film and television production. The principal of Hawk Bait Aerial Photography has professional experience in commercial and nonprofit video production and is recognized as an expert in this field. Hawk Bait Aerial Photography has r ecreational/hobby experience in all aspects of aerial videography. The objective of Hawk Bait Aerial Photography video operations is to provide high

quality imaging for a variety of broadcasts and commercial and nonprofit productions, specifically targetin g: home builders, home contractors, and/or home inspectors for real estate marketing and inspections of home exteriors as well as filming of special events, film sets, scripted and unscripted television sets and landscape, conducting power line inspections , aerial mapping, surveying and search and rescue utilizing a DJI Phantom 3 Professional UAS. More specifically, Hawk Bait Aerial Photography aerial video and photography operations will serve in the following areas:

• Aerial photography of houses / resi dential and commercial buildings and power lines

• Aerial videography of houses / residential and commercial buildings and power lines

• Aerial event photography

• Aerial event filming

• Aerial search and rescue and safety inspections

• Increase public knowledge of UAS and promote safe UAS operations

4The proposed aerial filming will be conducted over private property with controlled access in

the NAS and with the knowledge and permission of the private property’s owner.

BACKGROUND Unmanned Aircraft System: DJI Phantom 3 Professional UAS

Hawk Bait Ae rial Photography seeks an exemption to operate DJI systems DRONES for compensation or hire within the NAS. The DJI Phantom 3 Professional UAS are vertical takeoff and landing (VTOL) Unmanned Aircrafts (UAS) with a Ground Control Station (GCS) utilizing el ectronic tablet or smart phone systems. The DJI Phantom 3 Professional has a maximum gross weight of approximately 2 pounds 11 ounces, while having a length of 16 inches, width of 16 inches, height of 8 inches, and a maximum speed of approximately

29 knots . The DJI Phantom 3 Professional UAS are equipped with four main rotors driven by Lithium Polymer battery powered electric motors.

The DJI Phantom 3 Professional UAS that will be operated by Hawk Bait Aerial Photography (trained professional) will be re gistered in accordance with 49 U.S.C. 44103, Registration of Aircraft , as well as 14 C.F.R. Part 47, Aircraft Registration, and marked in accordance with 14 C.F.R. Part 45, Identification and Registration Marking.

BASIS FOR PETITION

Petitioner, Hawk Bait Aerial Photography, 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 p etitions the Administrator to commercially operate the DJI Phantom 3 Professional UAS in the National Airspace System (NAS), and for an exemption from the requirements of 14 C.F.R §§ 61.113(a) & (b), 91.109, 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a )(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b).

In consideration of the speed, weight, size, and limited operating area associated with the unmanned aircraft and its operation, Hawk Bait Aerial Photography operation of

DJI Phantom 3 Professional UAS meets the conditions of FMRA Section 333 and therefore,

5will not require an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H.

Accordingly, Hawk Bait Aerial Photography 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. Hawk Bait Aerial Photography submits that the requested relief is pro per since an equivalent level of safety will be ensured. Hawk Bait Aerial Photography will use experienced personnel or technicians to perform maintenance, alterations, or preventive maintenance on the UAS using the methods, techniques, and practices presc ribed in the operating documents (i.e., Monthly Maintenance Log and DJI Phantom 3 Professional Instruction Manual). Furthermore, Hawk Bait Aerial Photography will document and maintain all maintenance records for the DJI

Phantom 3 Professional UAS.

Relief from certain requirements of Section 61.113(a) and (b), entitled Private pilot privileges and limitations : Pilot In Command, is requested by Hawk Bait Aerial Photography to the extent necessary to allow a Pilot in Command (PIC) holding a Supplementa l Pilot Certificate, and who has demonstrated, by meeting minimum flight

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

Hawk Bait Aerial Photography seeks relief from Section 91.7(a), entitled Civil aircraft airworthiness , because the DJI Phantom 3 Professional UAS does not req uire an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H. As such, Hawk Bait Aerial Photography submits that it will ensure that the DJI Phantom 3 Professional UAS is in an airworthy condition, prior to every flight, by determining that the UAS is in compliance with the operating documents (i.e., Monthly Maintenance Log, and DJI Phantom 3 Professional Instruction Manual), and that the aircraft is in a condition for safe flight.

Hawk Bait Aerial Photography also seeks an exemptio n from the requirements of Section 91.121, entitled Altimeter Settings , as the DJI Phantom 3 Professional UAS will not have a typical barometric altimeter onboard. However, altitude information of the DJI

6Phantom 3 Pro will be provided to t he PIC via Global Positioning System (GPS) equipment and

radio communications telemetry data link, which downlinks from the UA to the GCS for active monitoring of the flight path. This altitude information, combined with Hawk Bait Aerial Photography’s oper ation of the DJI Phantom 3 Professional UAS within visual line of sight, at or below 200 feet AGL, will ensure a level of safety equivalent to Section 91.121.

Additionally, Hawk Bait Aerial Photography seeks an exemption from the requirements of

Section 91.151(b), entitled Fuel requirements for flight in VFR conditions. Hawk Bait Aerial Photography submits that safety will not be affected by operation of the DJI Phantom 3 Professional UA during daylight hours in visual meteorological conditions ( VMC) under visual flight rules (VFR), with enough battery power to fly for a total duration of approximately 13.5 minutes to the first point of intended landing and, assuming normal cruising speed, to fly after that

for at least 4.5 minutes.

In accordance with 14 C.F.R. § 11.81, Hawk Bait Aerial Photography provides the following information in support of its petition for exemption:

A. Name And Address Of The Petitioner. The name and address of the Petitioner and point of contact is:

Patrick A. Ewald Hawk Bait Aerial Photography

256 Horizon Circle Grass Valley, CA 95945

Tel: 530

- 624

- 4874

Email: patman561@gmail.com

7B. The Specific Sections Of 14 C.F.R. From Which Hawk Bait Aerial Photography Seeks

Exemption. 1. Hawk Bait Aerial Photography Seeks Exemption From The Requirements Of Section 61.113(a) And (b).

Section 61.113, entitled Private pilot privileges and limitations: Pilot in command, subsections (a) and (b) prescribe the following, in relevant part:

(a) No person who holds a private pilot certificate may act as a pilot in command (PIC) of an aircraft that is carrying passengers or property for compensation or hire; nor may that person, for compensation or hire, act as PIC of an aircraft.

(b) A private pilot may, for compensation or hire, act as PIC of an aircraft in connection with any business or em ployment if

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

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

2. Hawk Bait Aerial Photography Seeks Exemption From The Requirements Of Section 91.7(a).

Section 91.7, entitled Civil aircraft airworthiness , subsection (a), states the following:

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

3. Hawk Bait Aerial Photography Seeks Exemption From The Requirements Of Section 91.121

.

Section 91.121, entitled Altimeter settings , subsection (a), states the following, in part:

(a) Each person operating an aircraft shall maintain the cruising altitude or flight level of that aircraft, as the case may be, by reference to an altimeter that is set, when operating

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

-- (i) The current reported altime ter setting of a station along the route and within 100 nautical miles of the aircraft;

(ii) If there is no station within the area prescribed in paragraph (a)(1)(i) of

8this section, the current reported altimeter setting of an appropriate available station; or

(iii) In the case of an aircraft not equipped with a radio, the elevation of the departure airport or an appropriate altimeter setting available before depar ture.

4. Hawk Bait Aerial Photography Seeks Exemption From The Requirements Of Section 91.151(b).

Section 91.151, entitled Fuel requirements for flight in VFR conditions , subsection (b), states the following:

(b) No person may begin a flight in a roto rcraft under VFR conditions unless (considering wind and forecast weather conditions) there is enough fuel to fly to the first point of intended landing and, assuming normal cruising speed, to fly after that for at least 20 minutes.

5. Hawk Bait Aerial Photography Seeks Exemption From The Requirement Of Section 91.405(a).

Section 91.405, entitled Maintenance required , subsection (a), states the following: Each owner or operator of an aircraft

— (a) Shall have that aircraft inspected as prescribed in subpart E of this part and shall between required inspections, except as provided in paragraph (c) of this section, have discrepancies repaired as prescribed in part 43 of this chapter[.]

6. Hawk Bait Aerial Photography Seeks Exemption From The Requirements Of Section 91.407(a)(1)

Section 91.407, entitled Operation after maintenance, preventive maintenance, rebuilding, or alteration , subsection (a)(1), states the following:

(a) No person may operate any aircraft that has undergone maintenance, preventive maintenance, rebuilding, or alteration unless

-- (1) It has been approved for return to service by a person authorized under § 43.7 of this chapter[.]

97. Hawk Bait Aerial Photography 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 per son may operate an aircraft unless, within the preceding 12 calendar months, it has had

-- (1) An annual inspection in accordance with part 43 of this chapter and has been approved for return to service by a person authorized by § 43.7

of this chapter; or

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

8. Hawk Bait Aerial Photography 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 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 airfra me) and each engine, propeller, rotor, and appliance of an aircraft. The records

must include

-- (i) A description (or reference to data acceptable to the Administrator) of the work performed; and (ii) The date of completion of the work performed; and

(iii) The signature and certificate number of the person approving the aircraft for return to service. (2) Records containing the following information:

(i) The total time in service of the airframe, each engine, each propeller, and each rotor.

10(ii) The current status of life

- limited parts of each airframe, engine, propeller, rotor, and appliance.

(iii) The time since last overhaul of all items installed on the aircraft which are required to be overhauled on a specified time basis.

(iv) The current inspection status of the aircraft, including the time since the last inspection required by the inspection program under which the aircraft and its appliances are maintained.

(v) The current status of applicable airworthiness directives (AD) and safety directives including, for each, the method of compliance, the AD or 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.
(vi) Copies of the forms prescribed by § 43.9(d) of this chapter for each major alteration to the airf rame 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 in paragraph (a)(1) of this section shall be retained

until t he work is repeated or superseded by other work or for 1 year after the work is performed.

(2) The records specified in paragraph (a)(2) of this section shall be

retained and transferred with the aircraft at the time the aircraft is sold. (3) A list of defects furnished to a registered owner or operator under § 43.11 of this chapter shall be retained until the defects are repaired and the aircraft is approved for return to service.

C. The Extent Of Relief Hawk Bait Aerial Photography Seeks An d The Reason Hawk Bait Aerial Photography Seeks The Relief.

1. Extent Of Relief Hawk Bait Aerial Photography Seeks And The Reason Hawk Bait Aerial Photography Seeks Relief From Section 61.113(a) And (b).

11Relief from S ection 61.113(a) and (b) entitled Private pilot privileges and limitations:

Pilot in command is requested, to the extent necessary to allow a PIC holding a Supplemental Pilot Certificate, as well as a current and valid airman medical certificate, and who h as met certain flight

- hour and currency requirements, to conduct the proposed UAS flight operations for compensation or hire. This relief is requested since the limitations set forth in Section 61.113(a) and (b) state that a private pilot may, for compen sation or hire, act as PIC of an aircraft in connection with any business or employment if: (1) The flight is only incidental to that business or employment; and (2) The aircraft does not carry passengers or property for compensation or

hire.

As set fort h more fully below, Hawk Bait Aerial Photography submits that an equivalent level of safety will be maintained because no PIC will be allowed to operate the Phantom 3 Professional UA unless that PIC has met certain flight

- hour and currency requirements,

d emonstrating that the PIC is able to safely operate the DJI Phantom 3 Professional UAS in a manner consistent with the operations specifications as described in this exemption, including evasive and emergency maneuvers, as well as maintaining appropriate distances from people, vessels, vehicles and structures. Further, Hawk Bait Aerial Photography submits that all flights of the DJI Phantom 3 Professional UAS, conducted by the PIC pursuant to the grant of this Petition: (1) will be

incidental to Hawk B ait Aerial Photography business; and (2) will not carry passengers or property for compensation or hire.

2. Extent Of Relief Hawk Bait Aerial Photography Seeks And The Reason Hawk Bait Aerial Photography Seeks Relief From Section 91.7(a).

Relief from Se ction 91.7(a) entitled Civil aircraft airworthiness, is requested to the extent required to allow Hawk Bait Aerial Photography to determine that the DJI Phantom 3 Professional UAS is in airworthy condition prior to every flight by ensuring that the UAS is in compliance with the operating documents (i.e., the Hawk Bait Aerial Photography Aerial Operations Manual, Monthly Maintenance Log, and Phantom 3 Professional Instruction Manual). Hawk Bait Aerial Photography seeks the requested relief because the DJI Phantom 3 Professional UAS does not require an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H. Therefore, Hawk Bait Aerial Photography will ensure that the DJI Phantom 3 Professional UAS is in airworthy condition based upon its compliance with the operating

12documents (i.e., Monthly Maintenance Log, and DJI Phantom 3 Professional Instruction Manual)

prior to every flight, and further, determine that the aircraft are in condition for safe flight, as

stated in the conditions and limitations below.

3. Extent Of Relief Hawk Bait Aerial Photography Seeks And The Reason Hawk Bait Aerial Photography Seeks Relief Fro m Section 91.121.

Relief from Section 91.121, entitled Altimeter settings, may be required to allow flight operations of the DJI Phantom 3 Professional UAS, which utilize a barometric pressure sensor, GPS equipment, and a radio communications telemetry data link to downlink altitude information from the UA to the PIC 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), Hawk Bait Aerial Photography seeks the requested relief because the DJI Phantom 3 Professional UA’s altimeter may be set on the ground to zero feet AGL, rather than the local barometric pressure or field altitude, before each flight. Considering the limi ted altitude of the proposed operations, relief from 14 CFR 91.121 is sought to the extent necessary to comply with the applicable conditions and limitations stated below. As more fully set forth herein, an equivalent level of safety will be maintained sin ce 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 informatio n of the UA on the heads

- up display of the GCS.

4. Extent Of Relief Hawk Bait Aerial Photography Seeks And The Reason Hawk Bait Aerial Photography Seeks Relief From Section 91.151(b).

Relief from Section 91.151(b) entitled Fuel requirements for flight i n VFR conditions, is requested to the extent required to allow flights of the battery powered DJI Phantom 3 Professional UAS during daylight hours in visual meteorological conditions (VMC), under visual flight rules (VFR), for a total duration of 13.5 min utes to the first point of intended landing and, assuming normal cruising speed, to fly after that for at least 4.5 minutes. Hawk Bait Aerial Photography seeks the requested relief because without an exemption from Section 91.151(b), the flight time durati on of the battery powered DJI Phantom 3 Professional UAS will severely

13constrain the practicality of any aerial video or still photo flight operations that Hawk Bait Aerial

Photography proposes to conduct pursuant to this Petition. Significantly, as set forth below, the technical specifications of the DJI Phantom 3 Professional UAS operating documents, and Hawk Bait Aerial Photography proposed operating limitations, ensure that Hawk Bait Aerial Photography will safel y operate the battery powered DJI Phantom 3 Professional UAS during daylight hours in visual meteorological conditions (VMC), under visual flight rules (VFR), with enough battery power to fly for a total duration of 13.5 minutes to the first point of inten ded landing and, assuming normal cruising speed, to fly

after that for at least 4.5 minutes.

5. Extent Of Relief Hawk Bait Aerial Photography Seeks Relief And The Reason Hawk Bait Aerial Photography Seeks Relief From Section 91.405(a), 91.407(a)(1), 91.40 9(a)(1) & (a)(2), And 91.417(a) & (b).

Since Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b) only apply to aircraft with an airworthiness certificate, Hawk Bait Aerial Photography requests relief from these Sections because the DJI Phantom 3 Professional UAS does not require airworthiness certificates. As set forth more fully below, the DJI Phantom 3 Professional UAS meets the

conditions of FMRA Section 333 for operation without an airworthiness certificate. Accordingly, Hawk Bait Aerial Photography 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 Hawk Bait Aerial Photography Aerial Operations Manual, Monthly Maintenance Log, and DJI Phantom 3 Professional Instruction Manual). Furthermore, Hawk Bait Aerial Photography will document and maintain all maintenanc e records for the DJI

Phantom 3 Professional UAS.

D. The Reasons Why Granting Hawk Bait Aerial Photography Request Would Be In The Public Interest; That Is, How It Would Benefit The Public As A Whole.
Granting the present Petition will further the publ ic interest by allowing Hawk Bait Aerial Photography to safely, efficiently, and economically perform aerial video and photography of real estate, special events, film sets, and landscape over certain areas of the

United States.

Additionally, use of the DJI Phantom 3 Professional UAS will decrease congestion of the

14NAS, reduce pollution, and provide significant benefits to the economy. Notably, the benefits of

Hawk Bait Aerial Photography’s proposed operation of the DJI Phantom 3 Professional UAS will be realized without implicating any privacy issues.

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

The DJI Phantom 3 Professional UAS is battery powered and serves as a safe, efficient, and economical alternative to the manned aircraft traditionally utilized to obtain aerial imagery. By reducing the amount of manned aircraft needed to perform aerial ac quisitions, an exemption allowing the use of a DJI Phantom 3 Professional UAS would reduce the amount of manned aircraft in the NAS, reduce noise and air pollution, as well as increase the safety of life and property in the air and on the ground.

Further more, by reducing the number of manned aircraft operating in the NAS, congestion around airports caused by arriving and departing aircraft will be reduced. The Phantom 3 Professional UAS does not require an airport to take off or land. Likewise, a reducti on of manned aircraft conducting aerial video and photography missions would result in fewer aircraft that must be handled by air traffic control during the ground, takeoff, departure, arrival, and landing phases of flight operations.

2. The Public Will B enefit From The Safety And Efficiency Of The DJI Phantom 3

Professional UAS.

Conducting aerial acquisitions with the DJI Phantom 3 Professional UAS, instead of manned aircraft, will greatly benefit the public by drastically reducing the levels of air a nd noise pollution generated during traditional aerial video and still photography flight operations. By using battery power and electric motors, the DJI Phantom 3 Professional UAS produces no air pollution, and is the most viable environmentally consciou s 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 Phantom 3 Professional UAS, wh ile reducing the carbon footprint of aerial acquisitions, also eliminates noise pollution, as the UAS are propelled by battery powered electric motors, rather than an internal combustion engine. By using the DJI Phantom 3 Professional UAS to perform aeri al acquisitions, the

15substantial risk to life and property in the air and on the ground, which is usually associated with

traditional manned aircraft flight operations, will be substantially reduced or completely eliminated. Aside from the lack of flight crew members located onboard the aircraft, the DJI Phantom 3 Professional UAS (weighing approximately 2 pounds 11 ounces r espectively, at its maximum gross weights with length of 17.3 inches respectively, width of 17.3 inches respectively, 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 of approximately 42 feet, a length of 34 feet, and a fuel capacity of 180 gallons).

3. Performing Aerial Video and Photography Operation s With The DJI Phantom 3 Professional UAS Will Benefit The Economy.

In addition to being safe and efficient, the Phantom 3 Professional is also an economical alternative to using manned aircraft to conduct similar aerial operations. As such, operation of the DJI Phantom 3 Professional UAS will allow United States based companies, like Hawk Bait Aerial Photography, to remain competitive and contribute to growth of the U.S. economy. Specifically, with the rising cost of aviation fuel and the Environmenta l 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 Professional UAS is o ne such technology that not only allows companies greater operational flexibility compared to manned aircraft, but provides such flexibility without the high operational cost of a traditional manned aircraft. By operating the DJI Phantom 3 Professional U AS, companies such as Hawk Bait Aerial Photography, can remain competitive and profitable, and therefore, provide greater job stability to employees and contractors, which will ultimately contribute to growth of the U.S. economy. Improved financial perform ance of U.S. companies, through commercial use of the DJI Phantom 3 Professional 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 competitive both in the United States and abroad.

164. There Are No Privacy Issues.

Similar to the manned aerial acquisition flight operations that have been conducted for decades, Hawk Bait Aerial Photography proposed operation of the DJI Phantom 3 Professional UAS will not implicate any privacy issues. Specifically, the DJI Phantom 3 Professional UAS will be operated only in compliance with operating documents (i.e., the Hawk Bait Aerial Photography Aerial Operations Manual, Monthly Maintenance Log, and DJI Phantom 3 Professional Instruction Manual) which requires property owner invol vement as well as local law enforcement notification, and in accordance with the Federal Aviation Regulations, including the minimum altitude requirements of 14 C.F.R. § 91.119.

E. The Reasons Why Granting The Exemption Would Not Adversely Affect Public S afety, Or How The Exemption Would Provide A Level Of Safety At Least Equal To That Provided By The Rule From Which Hawk Bait Aerial Photography Seeks Exemption.

1. Reasons Why The DJI Phantom 3 Professional UAS Meets The Conditions Of The FAA Modernizati on 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, Hawk Bait Aerial Photography operation of the DJI Phantom

3 Professional UAS me ets the conditions of FMRA Section 333, and will not require an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H. Section 333 provides authority for a UAS to operate without airworthiness certification and sets forth requirements for considering whether a UAS will create a hazard to users of the NAS or the public, or otherwise pose a threat to national security. Specifically, FMRA Section 333 states the following, in part:

(a) In General.

-- Notwithstanding any other requirement of this subtitle, and not later than 180 days after the date of enactment of this Act, the Secretary of Transportation shall determine if certain unmanned aircraft systems may operate safely in the national airspace system before completion of the plan

and rule

- making required by section 332 of this Act or the guidance required by section 334 of this Act. (b) Assessment of Unmanned Aircraft Systems.

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

--

17(1) which types of unmanned aircraft systems, if any, as a result of their size, weight, speed, operational capability, proximity to airports and populated areas, and operation within visual line of sight do not create a hazard to users of the national airspace system or the public or pose a threat to national security; and

(2) whether a certificate of waiver, certificate of authorization, or airworthiness certification under section 44704 of title 49, United States Code, is required for the operation of unmanned aircraft systems identified under paragraph (1).

(c) Requirements for Safe Operation.

-- If the Secretary determines under this section that certain unmanned aircraft systems may operate safely in the national airspace system, the Sec retary shall establish requirements for the safe operation of such aircraft systems in the national airspace system.

In seeking this exemption, Hawk Bait Aerial Photography submits that the DJI Phantom 3 Professional UAS can operate safely in the NAS p ursuant 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.

a. The Specifications Of The DJI Phantom 3 Professional UAS Demonstrate Its Safe Characteristics.

The 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.

i. Technical Specifications Of The DJI Phantom 3 Professional UAS. The technical specifications of the DJI Phantom 3 Professional UAS is set forth by the DJI Phantom 3 Professional Specifications and Data Sheet, attached hereto as Appendix A.

ii. The DJI Phantom 3 Professional UAS Autonomous Flight And Navigation Modes Enable The UAS To Remain Within A Defined Operational Area.

18The DJI Phantom 3 Professional UAS may be operated in both manual and fully autonomous

flight modes. A complete description of the flight and navigational modes of the DJI Phantom 3 Professional UAS is provided at page 26 of the DJI Phantom 3 Professiona l User Manual, attached hereto as Appendix B. iii The DJI Phantom 3 Professional UAS Is Designed For Automatic

Return To Home Point Or Hover In The Event Of Loss Of The Control Link Or Navigation.

When the Control Link is lost, the DJI Phantom 3 Profess ional UAS will remain stationary, in flight, for 3 seconds or more. If, after 3 seconds, the DJI Phantom 3 Professional UAS does not reacquire control link data from the GCS, the UA will assume that the Control Link is lost and the

UA will return to the h ome position (i.e., failsafe mode) via GPS, and will descend to the takeoff position and shut down.

A complete description of the Failsafe Functions of the DJI Phantom 3 Professional UAS are set forth at pages 12 through 14 of the DJI Phantom 3 Profess ional UAS User Manual, attached

hereto as Exhibit B.

iv. The Phantom 3 Professional GCS And Its Operation. A complete description of the operation and specifications of the DJI Phantom 3 Professional GCS and flight control software is provided at page s 23 through 29 of the Phantom 3

Professional User Manual. DJI Phantom 3 Professional User Manual is attached hereto as Exhibit

B. b. Flight Operations Of DJI Phantom 3 Professional UAS Are Limited To

The Line Of Sight Of A Certificated Pilot in Command W ith A Safety

Observer.

Hawk Bait Aerial Phot ography will only utilize certificated pilots who possess a current and valid airman medical certificate to act as a pilot in command (PIC) of the DJI Phantom 3 Professional UAS. Additionally, a safety observer will assist all pilots during flight time.

c. Flights Of DJI Phantom 3 Professional UAS Will Be Conducted Pursuant To Specific Operating Limitations.

In seeking this exemption, Hawk Bait Aerial Photography proposes to commercially operate the DJI Phantom 3 Professional UAS for the special purpos e of conducting aerial video and photography over certain areas of the United States, pursuant to the following operating

limitations:

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

aircraft described in the operating documents, rotorcraft UAS's weighing less than 55 pounds maximum gross weight: DJI Phantom 3 Professional Unmanned Aircraft System. Proposed operations of any 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 of aerial video and photography for homeowners, Realtors, home builders, contractors, home inspectors for use in real estate marketing and re al estate inspections. Additionally, aerial video and photography may be conducted on occasional basis for film and television sets, special events and landscape photography, conducting power line inspection, aerial mapping, and surveying as deemed necessa ry.

3. The UAS may not be flown at an indicated airspeed exceeding 30 knots (16 m/s).

4. The UAS must be operated at an altitude of no 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

in f eet AGL.

5. The UAS must be operated within visual line of sight (VLOS) of the PIC at all times. This requires the PIC to be able to use human vision unaided by any 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 as the PIC always maintains VLOS

c apability. The SO and PIC must be able to communicate verbally at all times. The PIC must be designated before the flight and cannot transfer his or her designation for the duration of the flight. The PIC must ensure that the SO can perform the functions p rescribed in the operating documents.

8. The SO must not perform any other duties beyond assisting the PIC with seeing and avoiding other air traffic and other ground based obstacles/obstructions, and is not

20permitted to operate the camera or other instruments.

9. The operating documents and the grant of exemption must be accessible during UAS operations and made available to the Administrator upon request. If a discrepancy exists

between the conditions and limitations contained in the grant of exemption and the procedures outlined in the operating documents, the conditions and limitations contained in the grant of exemption take precedence and must be followed. Otherwise, the operator must follow the procedu res as outlined in its operating documents. The operator may update or revise the oerating documents. It is the operator’s responsibility to track such revisions and present updated and revised documents to the Administrator upon request. The operator must also present updated and revised documents if it petitions for extension or amendment to the grant of exemption. If the operator determines that any update or revision would affect the basis upon which the FAA granted the exemption, then the operator must petition for amendment to its grant of exemption. The FAA’s UAS Integration Office (AFS

- 80) may be contacted if questions arise regarding updates or revisions to the operating documents.

10. Prior to each flight the PIC must inspect the UAS to ensure th at it is in a condition for safe flight. If the inspection reveals a condition that affects the safe operation of the UAS, the aircraft is prohibited from operating until the necessary maintenance has been performed and the UAS is found to be in a conditio n for safe flight. The Ground Control Station must be included in the preflight inspection. All maintenance and alterations must be properly documented in the aircraft records.

11. Any UAS that has undergone maintenance or alterations that affect the UAS operation or flight characteristics, e.g. replacement of a flight critical component, must undergo a functional test flight. The PIC who conducts the functional test flight must make an entry in the aircraft records.

12. The pre

- flight inspection must account for all potential discrepancies, e.g. inoperable components, items, or equipment, not already covered in the relevant sections of the operating documents

.

2113. The operator must follow the UAS man ufacturer’s aircraft/component, maintenance,

overhaul, replacement, inspection, and life limit requirements.

14. The operator must carry out its maintenance, inspections, and record keeping requirements in accordance with the operating documents. Maintena nce, inspection, alterations, and status of replacement/overhaul component parts must be noted in the aircraft records, including total time in service, description of work accomplished, and the signature of the authorized person returning the UAS to

servi ce.

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 of the corrective action taken against discrepancies discovered between inspections.

17. The PIC must possess at least a Supplemental Pilot certificate and at least a current

third

- class medical certificate. Supplemental pilots must have, at a minimum, successfully completed private pilot ground school. Additionally, supplemental pilots without a current FAA private pilot certificate must have successfully passed the private pilot, commercial pilot, or airline transport pilot knowledge test within the past

24 calendar months.

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 in a manner consistent with how the UAS will be operated under the exemption, including eva sive 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 oper ator’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 fligh t 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.

2219. UAS operations may not be conducted during night, as defined in 14 C.F.R. §

1.1. Al l operations must be conducted under visual meteorological conditions (VMC). If flight at night is required, a special request will be made at the FAA office closest to proposed area of operations. Flights under special visual flight rules (SVFR) are not a uthorized.

20. The UA may not operate within 5 nautical miles of an airport reference point

as denoted on a current FAA

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

21. The UA may not be ope rated less than 500 feet below or less than 2,000 feet horizontally from a cloud or when visibility is less than 3 statute miles from the PIC.

22. If the UA loses communications or loses its GPS signal, it must return to a predetermined location within th e planned operating area and land or be recovered in accordance with the operating documents.

23. The PIC must abort the flight in the event of unpredicted obstacles or emergencies in accordance with the operating documents.

24. The PIC is prohibited from beginning a flight unless (considering wind and forecast weather conditions) there is enough power to fly at normal cruising speed to the intended landing point and land the UA with 25% battery power remaining.

25. The operator must obtain an Air Traffic Organization (ATO) issued Certificate of Waiver or Authorization (COA) prior to conducting any operations under the grant of exemption. This COA will also require the operator to request a Notice to Airmen (NOTAM) n ot more than 72 hours in advance, but not less than 48 hours prior to the operation. All operations shall be conducted in accordance with airspace requirements in the ATO issued COA including class of airspace, altitude level and potential transponder requ irements.

2326. All aircraft operated in accordance with the exemption must be identified by

serial number, registered in accordance with 14 C.F.R. part 47, and have identification (N

- Number) markings in accordance with 14 C.F.R. part 45, Subpart C. Mar kings must be as large as practicable.

27. Before conducting operations, the radio frequency spectrum used for operation and control of the UA must comply with the Federal Communications Commission (FCC) or other appropriate government oversight agency r equirements.

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 of the UAS any time the UAS is operating. These documents must be made available to the Administrator or any law enforcement official upon request.

29. The UAS must remain clear and yield the right of way to all manned aviation operations and act ivities at all times. The UAS may not be operated by the PIC from any moving device or vehicle.

30. Flight operations must be conducted at least 500 feet from all nonparticipating persons (persons other than the PIC, SO, operator trainees or essential pe rsons), 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 of an accident. The operator must ensure that nonparticipating persons remai n under such protection. If a situation arises where nonparticipating persons leave such protection and are within 500 feet of the UA, flight operations must cease immediately and/or;

b. The aircraft is operated near vessels, vehicles or struc tures where the owner/controller of such vessels, vehicles or structures has granted permission and the PIC has made a safety assessment of the risk of operating closer to those objects and determined that it does not present an undue hazard, and;

c. Ope rations nearer to the PIC, SO, operator trainees or essential persons do not present an undue hazard to those persons per § 91.119(a).

2431. 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.

32. Any incident, accident, or flight operation that transgre sses the lateral or vertical boundaries of the operational area as defined by the applicable COA must be reported to the FAA's UAS Integration Office (AFS

- 80) within 24 hours. Accidents must be reported to the National Transportation Safety Board (NTSB)

pe r instructions contained on the NTSB Web site: www.ntsb.gov

.

2. Reasons Why An Exemption From The Requirements Of Section 61.113(a)And (b) Would Not Adversely Affect Safety.

Hawk Bait Aerial Photography submits that the equivalent level of safety established by Section 61.113(a) and (b) will be maintained because no PIC will be allowed to operate the DJI Phantom 3 Professional UAS unless that PIC has demonstrated, by meeting m inimum flight

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

Considering Hawk Bait Aerial Photography's proposed area of operations, and the operating limitations set forth above; the parallel nature of private pilot aeronautical knowledge requirements to those of commercial pilot requirements (See Exemption No. 11062); and the airmanship skills necessary to safely operate the DJI Phantom 3 Professional UAS, Hawk Bait Aerial Photography submits that the additional manned airmanship experience of a commercially certifi cated pilot would not correlate to the airmanship skills necessary for Hawk Bait Aerial Photography specific proposed flight operations.

The FAA has previously granted relief from Section 61.113(a) and (b) specific to UAS, in circumstances similar, in al l material respects, to those presented herein (e.g. Exemption Nos. 11062, 11063, 11064, 11065, 11066, 11067, 11080, 1109, 11110, 11112, 11136, 11138, 11150, 11153, 11156, 11158, 11159, 11160, 11161).

Hawk Bait Aerial Photography will not allow any PIC to operate the DJI Phantom 3

25Professional UAS unless that PIC has demonstrated, by meeting minimum flight

- hour requirements

or the DJI Phantom 3 Professional UAS training and currency requirements, that the PIC is able to safely operate the DJI Phan tom 3 Professional 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 must have accumulated and logge d, 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 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 currency purposes).

As in Exemption Nos. 11062, 11138, and 11153, prior documented flight experience that was obtained in compliance with applicable regu lations will ensure an equivalent level of safety during Hawk Bait Aerial Photography's proposed operations. The Administrator has held that prior documented flight experience that was obtained in compliance with applicable regulations would ensure safe op erations, stating as follows:

In Exemption No. 11062, the FAA required that prior to conducting operations for the purpose of motion picture filming (or similar operations), the PIC must have accumulated and logged, in a manner consistent with 14 CFR 61.5 1(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 pilo t operating the same make and model of UAS to be used for operations under the exemption. For clarification, the FAA considers these minimum hour requirements to be inclusive rather than additive; i.e. 5 hours make and model time may be included in the 10 hours

of multi

- rotor time and the 10 hours may 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 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

26grant of exemption to accomplish the require d flight time. During training, proficiency,

and experience

- building flights the PIC is required to operate the UA with appropriate

distances in accordance with 14 C.F.R 91.119.

Exemption No. 11138 at page 15

Accordingly, Hawk Bait Aerial Photography will ensure safe operations by not allowing any PIC to operate the DJI Phantom 3 Professional UAS unless that PIC has demonstrated, by meeting minimum flight

- hour and currency requirements, that the PIC is

able to safely operate the DJI Phantom 3 Pro 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 Requ irements Of Section 91.7(a) Would Not Adversely Affect Safety.

The equivalent level of safety established by Section 91.7(a) will be maintained because prior to every flight, Hawk Bait Aerial Photography will ensure that the DJI Phantom 3

Professional U AS 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 relief from Section 91.7(a) 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, 11138, 11150, 11153, 11156, 11157, 11158, 11159, 11160, 11161).

4. Reasons Why An Exemption From The Requirements O f Section 91.121 Would Not Adversely Affect Safety.

The equivalent level of safety established by Section 91.121 will be maintained because the altitude information of the Phantom 3 Professional UA will be provided to the PIC via GPS equipment and a rad io 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 Hawk Bait Aerial Photography’s operation of the DJI Phantom 3 Professional

UAS wi thin 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

27installed onboard the aircraft. Prior to each flight, a zero altitude initiatio n 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, 1 1064, 11065, 11066, 11067, 11080, 11109, 11112, 11136, 11138, 11150, 11153, 11156, 11157, 11158, 11159, 11160, 11161).

5. Reasons Why An Exemption From The Requirements Of Section 91.151(b) Would Not Adversely Affect Safety.

A grant of this exemption would ensure an equivalent level of safety established by 14 C.F.R. Section 91.151(b) as a result of (1) the technical specifications of the DJI Phantom 3 Professional UAS; (2) the limitations on the proposed flight operations; an d (3) the location of the proposed flight operations. Accordingly, Hawk Bait Aerial Photography will ensure that it will safely operate the battery powered DJI Phantom 3 Professional UAS during daylight hours in VFR conditions, with enough battery power t o fly for a total duration of 13.5 minutes to the first point of intended landing and, assuming normal cruising speed, to fly after that for at least 4.5

minutes.

Here, as in Exemption No. 11109, the technical specifications of the DJI Phantom 3

Profess ional 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 DJI Phantom 3 Profes sional UAS provides audible and visual warnings to the PIC at the GCS when the UA experiences low battery voltage, the first warning occurring at approximately 30% remaining battery power, and again at approximately 10% remaining battery power. At the critically low battery level, the DJI Phantom 3 Professional UAS will descend and land automatically.

Significantly, previous exemptions granted by the FAA concerning Section 91.151 establish that safety is not adversely affected when the techn ical characteristics and operating limitations of the UAS are considered. Relief has been granted for manned aircraft to operate at less than the minimums prescribed in Section 91.151, including Exemption Nos. 2689, 5745, and 10650. Moreover, the FAA has p reviously granted relief from Section 91.151 specific to UAS, in circumstances similar, in all material respects, to those presented herein (e.g.

28Exemption Nos. 8811, 10808, 10673, 11042, 11062, 11063, 11064, 11065, 11066, 11067,

11080, 11109, 11110, 11136, 11138, 11150, 11153, 11156, 11157, 11158, 11159, 11160, 11161).

6. Reasons Why An Exemption From The Requirements Of Sections 91.405(a),

91.407 (a)(1), 91.409(a)(1) & (a)(2), And 91.417(a) & (b) Would Not Adversely Affect Safety.

In seeking this exemption, Hawk Bait Aerial Photography submits that the equivalent level of safety with regard to the regulatory maintenance and alteration requirement s established by Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b) will be met because Hawk Bait Aerial Photography 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., the Hawk Bait Aerial Photography Aerial Operations Manual, Monthly Maintenance Log, and Phantom 3 Professional Instruction Manual). Furthermore, Hawk Bait Aerial Photography w ill document and maintain all maintenance records for the DJI Phantom 3 Professional

UAS.

Since the DJI Phantom 3 Professional UAS will be inspected as prescribed by the operating documents, Hawk Bait Aerial Photography will maintain the equivalent level of safety established by Sections 91.405(a), 91.409(a)(1), and 91.409(a)(2). A copy of DJI Phantom 3 Professional User Manual is attached hereto as Appendix B; a copy of the DJI Phantom 3 Professional UAS Maintenance LOG is attached hereto as Appendix C.

Likewise, the exemption sought will not adversely affect safety because Hawk Bait Aerial Photography will use trained technicians to perform maintenance, alterations or preventive maintenance on the UAS using the methods, techniques, and pract ices prescribed by the operating documents.

Furthermore, the exemption sought would maintain an equivalent level of safety established by Sections 91.407, 91.417(a) and 91.417(b), because all maintenance of the DJI Phantom 3 Professional 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)(1) & (a)(2), and 91.417(a) & (b) establish that safety is not adversely

29affected when the technical characteristics and operating limitations of the UAS are considered.

In consideration of Hawk Bait Aerial Photography proposed operating li mitations, the operating documents, and the technical aspects of the DJI Phantom 3 Professional UAS, Hawk Bait Aerial Photography submits that safety will not be adversely affected by granting exemption from 14 C.F.R. Sections 91.405(a), 91.407(a)(1) and ( a)(2), 91.409(a)(2), and 91.417(a) and (b). The FAA has previously granted relief specific to UAS in circumstances similar, in all material respects, to those presented herein (e.g. Exemption Nos. 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 111 10, 11112, 11136, 11138, 11150, 11153, 11156, 11157, 11158, 11159, 11160, 11161).

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

In accordance with Section 333 of the FAA Modernization and Reform Act of 2012 (FMRA) and 14 C.F.R. § 21.16 entitled Special Conditions, Hawk Bait Aerial Photography requests that the FAA prescribe special conditions for the intended operation of the DJI Phantom 3 Professional 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 §§ 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 for the limited purpose of conducting aerial and video photography over certain areas of the United Sates for compensation or hire. FMRA sets forth the requir ements for considering whether a UAS will create a hazard to users of the NAS or the public, or otherwise pose a threat to national security; and further, provides the authority for such UAS to operate without

airworthiness certification in accordance with any requirements that must be established for the safe operation of the UAS in the NAS.

Likewise, the Administrator may prescribe special conditions pursuant to 14 C.F.R. § 21.16, for operation of the D JI Phantom 3 Professional 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 of a novel or unusual design feature of the

30aircraft, aircraft engine or propeller, he prescribes special conditions and amendments thereto for the product. The special conditions are issued in accordance with Part 11 of this chapter and contain such safety standards for the aircraft, aircraft engine or pro peller as the FAA finds necessary to establish a level of safety equivalent to that established in the regulations.

See 14 C.F.R. § 21.16.

Therefore, in accordance with FMRA Section 333 and 14 C.F.R. § 21.16, the FAA may prescribe special conditions f or Hawk Bait Aerial Photography’s intended operation of the DJI Phantom 3 Professional 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, Subpa rt H, and 14 C.F.R Sections 61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b).

F. A Summary That Can Be Published In The Federal Register, stating: The Rules From Which Hawk Bait Aerial Photography Seeks Exemption:

Hawk Bait Aerial Photography seeks exemption from the requirements of 14 C.F.R Sections 61.113(a)&(b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b ).

A Brief Description Of The Nature Of The Exemption Hawk Bait Aerial Photography Seeks: This exemption will permit Hawk Bait Aerial Photography to commercially operate

an Unmanned Aircraft System (UAS) for the purpose of conducting aerial vi deo and photography over certain areas of the United States.

G. Any Additional Information, Views, Or Arguments Available To Support Hawk Bait Aerial Photography Request.

This Petition is made pursuant to the FAA Modernization and Reform Act of 2012 (FMRA) Section 333, which directs the Secretary of Transportation to determine if certain UAS may operate safely in the NAS. As such, Hawk Bait Aerial Photography's request for exemption may be granted pursuant to the authority of FMRA Section 333 and 14 C.F.R. Part 11, as set forth above. FMRA Section 333 sets forth the requirements for considering

31whether a UAS will create a hazard to users of the NAS or the public, or othe rwise pose a

threat to national security; and further, provides the authority for such UAS to operate without airworthiness certification. As discussed in detail above, Hawk Bait Aerial Photography will operate the DJI Phantom 3 Professional UAS safely in the NAS, without creating a hazard to users of the NAS, or the public, or otherwise pose a threat to national security.

H. Request For Blanket COA Approval

On March 24, 2015, the FAA announced that it has implemented a new policy of granting "blanket" COAs to applicants requesting exemptions from the Federal Aviation Regulations under Section 333 of the FAA Modernization and Reform Act of 2012. The Applicant hereby requests a "blanket" COA that conforms to the terms set forth in https://www.faa.gov/news /updates/?newsId=82245 upon approval of Hawk Bait Aerial Photography's exemption request.

CONCLUSION

As set forth herein, Hawk Bait Aerial Photography 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 airworthiness certificate, for the limited purpose of conducting aerial video an d photography over certain areas of the United States. By granting this Petition, the FAA Administrator will be fulfilling the Congressional mandate of the FAA Modernization and Reform Act of 2012, while also advancing the interests of the public, by allow ing UAV Aerial Video to safely, efficiently, and economically operate the DJI Phantom 3 Professional UAS commercially within the NAS.

WHEREFORE, in accordance with the Federal Aviation Regulations and the FAA

Modernization and Reform Act of 2 012, Section 333, Hawk Bait Aerial Photography 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 Hawk Bait Aerial Photography to operate the DJI Phantom 3 Professional UAS commercially for the purpose of conducting aerial video and photography of Real Estate Properties (for

32homeowners, Realtors, home builde rs, home contractors and / or home inspectors for

real estate marketing and inspection of home exteriors) as well as filming of special events, film sets, scripted and unscripted television sets and landscape as well as conducting power line inspection, aerial mapping, surveying and search and rescue over certain

areas of the United States.

Dated: August 21, 2015

Respectfully submitted, Patrick A. Ewald, Owner Hawk Bait Aerial Photography 256 Horizon Circle Grass Valley, CA 95945 Tel: 530

- 624

- 4874

33

### APPENDIX

– A

DJI PHANTOM 3 PROFESSIONAL TECHNICAL SPECIFICATIONS

Hawk Bait Aerial Photography only utilizes safe and reliable UASs. DJI is an industry leader in sm all UAS production. DJI UASs are loaded with ground breaking software enabling the user to set parameters which will not allow flight into controlled airspace. Parameters can also be set to limit flight to no higher than a predetermined and set altitude as well as limit flight to a predetermined and set distance. In addition, DJI software provides real

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

DJI Phantom 3 Pro

Aircraft Weight (Battery & Propellers Included): 2.82 lbs (1280g) Hovering Accuracy (GPS Mode) Vertical: +/

- 10cm, Horizontal: +/

- 1m Max Ascent Speed: 5m/s Max Descent Speed: 3m/s Max Speed: 16m/s (ATTI mode, no wind) Max Flight Altitude: 6000m Max Fli ght Time: Approximately 23 minutes Operating Temperature Range: 32°F to 104°F ( 0°C to 40°C) Dimensions: 27 1/8" x 27 1/8" x 7.5" GPS Mode: GPS/GLONASS

Gimbal Controllable Range Pitch:

- 0°C to + 30°C

Vision Positioning Velocity Range: < 8 m/s (2 m above the ground) Altitude Range: 30 cm

- 300 cm Operating Range: 30 cm

- 300 cm Operating Environment: Brightly lit (lux >15) patterned surfaces

34

### Camera

Sensor: Sony EXMOR 1/2.3” Effective pixels: 12.4 M (total pixels: 12.76 M) Lens: FOV 94° 20 mm (35 mm format equivalent) ISO Range: 100

- 3200 (Video) 100

- 1600 (Photo) Electronic Shutter Speed: 8/s

- 1/8000s Image Max Size: 4000x3000

Single Shot Burst shooting 3/5/7 frames Still Photography Modes:

Auto Exposure Bracketing (AEB): 3/5 Bracketed frames at 0.7EV Bias Time Lapse Supported SD Card Types:

Micro SD Max capacity: 64GB. Class 10 or UHS

- 1 rating required Video Recording Modes:

UHD: 4096x2160p, 3840x2160p 24/25/30 FHD: 1920x1080p 24/25/30/48/50/60 HD: 1281x720p 24/25/30/48/50/60 Max Bit Rate Of Video Storage: 60 Mbps Supported File Formats: FAT 32/exFAT

Photo: JPEG, DNG Video: MP4/MOV (MPEG

- 4 AVC/H.264 Operating Temperature Range: 0° C to 40°C

Remove Controller Operating Frequency: 2.400 GHz

- 2.483 GHz Transmitting Distance: 2000 m (Outdoor And Unobstructed Video Output Port: USB Operating Temperature Range: 0°C to 40°C Battery: 6000 mAh LiPo 2s Mobile Device Holder: Tablets and smartphones Transmitter Power (EIRP): FCC: 20 dbm; CE: 16 dbm Working Voltage: 1.2 A @ 7.4 V

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### Charger

Voltage: 7.4 V Rated Power: 100 W

Intelligent Flight Battery (PH3

- 4480 mAh

- 15.2 V) Capacity: 4481 mAh Vol tage: 15.2 V Battery Type: LiPo 4S Energy: 68 W Net Weight: 365 g Operating Temperature:

- 10°C to 40°C 

### Max Charging Power: 100 W

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### APPENDIX

– B

DJI PHANTOM 3 PRO MANUFACTURER’S USER MANUAL

Most current version of the user manual can be found at:

DJI Phantom 3 Professional User Manual (EN) V1.2

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### APPENDIX

– C

Hawk Bait Aerial Photography Monthly Maintenance Log

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