1

UNITED STATES OF AMERICA DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION

ADMINISTRATION WASHINGTON,D.C.

IN THE MATTER OF THE PETITION FOR EXEMPTION OF: IN FOCUS MEDIA

FOR AN EXEMPTION SEEKING RELIEF FROM THE REQUIREMENTS OF TITLE 14 OF THE CODE OF

FEDERAL REGULATIONS

SECTIONS 61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1)

& (a)(2), AND 91.417(a) & (b) CONCERNING COMMERCIAL OPERATION OF DJI INSPIRE 1 MDL-T600, DJI

PHANTOM 2 AND PHANTOM 3 UNMANNED AIRCRAFT SYSTEMS

PURSUANT TO SECTION 333 OF

THE FAA MODERNIZATION AND REFORM ACT OF 2012 (PUBLIC LAW 112-95)

Submitted on October 23, 2015

In Focus Media

Zachary E. McFarlane.(owner/operator)

4826 Brand Way

Sacramento, CA 95819

Cell: (916) 715-8573
2

TABLE OF CONTENTS

IN THE MATTER OF THE PETITION FOR EXEMPTION OF: IN FOCUS MEDIA............................................... 1

TABLE OF CONTENTS.................................................................................................................................................. 2

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

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

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

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

BASIS FOR PETITION ................................................................................................................................................... 4

A. Name And Address Of The Petitioner:................................................................................................................... 5

B. The Specific Sections Of 14 C.F.R. from which In Focus Media, Seeks Exemption. .......................................... 5

C. The Extent Of Relief In Focus Media, Seeks And The Reason In Focus Media Seeks The Relief..................... 7

D. The Reasons Why Granting In Focus Media’s Request Would Be In The Public Interest; That Is, How It

Would Benefit The Public As A Whole........................................................................................................................... 9

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 I Seek Exemption.10

F. A Summary That Can Be Published In The Federal Register, stating: The Rules From Which I Seek

Exemption: ...................................................................................................................................................................... 17

G. Any Additional Information, Views, Or Arguments Available To Support In Focus Media’sRequest.......... 17

CONCLUSION............................................................................................................................................................... 17

APPENDICIES .............................................................................................................................................................. 19
3

GLOSSARY OF ABBREVIATIONS

AGL Above Ground Level

AOI Area of Interest

ATC Air Traffic Control

ATO Air Traffic Organization

AV Aerial Vehicle

CFR Code of Federal Regulations

COA Certificate of Authorization

FAA FederalAviationAdministration

FAR Federal AviationRegulation

GCS Ground Control Station

GPS Global Positioning System

LOL Loss of Link

NAS National Airspace System

PIC Pilot In Command

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

SO Safety Observer

SOP StandardOperating Procedures

UA UnmannedAircraft

UAS Unmanned Aircraft System

VFR Visual Flight Rules

VLOS Visual Line of Site

VMC VisualMeteorologicalConditions

VTOL Vertical Takeoff and Landing
4

SUMMARY

In Focus Media seeks exemption from the requirements of 14 C.F.R §§ 61.113(a) & (b), 91.7(a), 91.121, 91.151(b),

91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b),to operate an Unmanned Aircraft System pursuant to

Section 333 of the FAA Modernization and Reform Act of 2012 (FMRA). This exemption will permit me to operate an

Unmanned Aircraft System (UAS) for the commercial purpose of conducting aerial video and photography for Virginia

Department of Correctionssecurity operations, real estate photography, and special events over certain areas of the United

States.

INTRODUCTION AND INTERESTS OF THE PETITIONER

In Focus Media, provides clients with expertise and knowledge in advanced technologies and solutions to increase efficiency,

productivity and effectiveness. In Focus Media, also provides clients with the highest quality digital content for use in their

commercial, personal, and non-profit multimedia projects. Petitioner has over 20 years of professional experience in

television production cinematography and photography.

Petitioner is also a recipient of two Prime Time Emmy Awards both for Cinematography while filming for the Discovery 

Channel. Further, Petitioner has flown on numerous occasions with the United States Coast Guard, The Alaska State

Troopers and Aerial Cinematography Companies (both fixed wing and helicopter) to gather aerial video content for 

television productions. Petitioner was continuously trained in emergency protocols and made aware of flight safety

regulations by pilots and flight crew

Petitioner has over 2 years of recreational/hobby and professional experience in all aspects of aerial video and photography.

Petitioner objective in aerial video and photography operations is to provide high quality imaging for a variety of state

government, commercial, public, and residential uses, specifically targeting:

• Commercial ProfessionalAerialCinematography

• Golf Course mapping

• Areal Video Marketing for David Grant USAF Medical Center CIF

• Agricultural pest control and hydro mapping

• Vineyard pest control and surveying

• Sacramento Delta Levee Solar Array surveying

• Real Estate Photography

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

BACKGROUND

Unmanned Aircraft Systems DJI Inspire 1 MDL-T600, Phantom 2 and Phantom 3.

In Focus Media, seeks an exemption to operate DJI systemsfor compensation or hire within the NAS. The DJI Inspire 1

MDL-T600, DJI Phantom 2 and Phantom 3 are vertical takeoff and landing (VTOL) Unmanned Aircraft (UA) with a Ground

Control Station (GCS) utilizing electronic tablet or smart phone systems. The DJI Inspire 1 MDL-T600 have a maximum

gross weight of approximately 2930 grams, while having a length of 18 inches width of 18 inches, height of 12 inches, and a

maximum speed of approximately 42 knots. The Phantom 2 and Phantom 3 have a maximum gross weight of approximately

1280 gram, while having a length of 16 inches width of 16 inches, height of 8 inches, and a maximum speed of

approximately 29 knots. The DJI Inspire 1 MDL-T600, Phantom 2 and Phantom 3 UAs are equipped with four main rotors;

driven by Lithium Polymer battery powered electric motors.

The DJI Inspire 1 MDL-T600, Phantom 2 and Phantom 3 UAs that will be operated by In Focus Media, will be registered in

accordance with 49 U.S.C. 44103, Registration of Aircraft, as well as 14 C.F.R Part 47, Aircraft Registration, and marked in

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

BASIS FOR PETITION

Petitioner, In Focus Media, 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

petitions the Administrator to commercially operate the DJI Inspire 1 MDL-T600, Phantom 2 and Phantom 3 UASs in the

National Airspace System (NAS), and for an exemption from the requirements of 14 C.F.R §§ 61.113(a) & (b), 91.7(a),

91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b).

In consideration of the speed, weight, size, and limited operating area associated with the unmanned aircraft and its

operation, In Focus Media, will meet the conditions of FMRA Section 333 and therefore, will not require an airworthiness

certificate in accordance with 14 C.F.R. Part 21, Subpart H.

Accordingly, In Focus Media requestsrelief 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.
5

In Focus Media submits that the requested relief is proper since an equivalent level of safety will be ensured. Petitioner will

use his experience to perform maintenance, alterations, or preventive maintenance on the UASs using the methods,

techniques, and practices prescribed in the operating documents(i.e., Monthly Maintenance Log, and DJI Inspire 1 MDLT600, Phantom 2 and Phantom 3 Instruction Manual). Furthermore, Petitioner will document and maintain all maintenance

records for the DJI Inspire 1 MDL-T600, Phantom 2 and Phantom 3 UASs.

Relief from certain requirements of Section 61.113(a) and (b), entitled Private pilot privileges and limitations: Pilot in

command, is requested by In Focus Media, to the extent necessary to allow a Pilot in Command (PIC) by meeting minimum

flight- hour and currency requirements, that the PIC is able to safely operate the DJI Inspire 1 MDL-T600, Phantom 2 and

Phantom 3 UASs in a manner consistent with this exemption, including evasive and emergency maneuvers and maintaining

appropriate distancesfrom people, vessels, vehicles and structures.

In Focus Media, seeks relief from Section 91.7(a), entitled Civil aircraft airworthiness, because the DJI Inspire 1 MDLT600, Phantom 2 and Phantom 3 UASs do not require an airworthiness certificate in accordance with 14 C.F.R. Part 21,

Subpart H. As such, In Focus Media will ensure that the 3 UASs are in an airworthy condition, prior to every flight, by

determining that the UASs are in compliance with the operating documents (i.e., Monthly Maintenance Log, and DJI Inspire

1 MDL-T600, Phantom 2 and Phantom 3 Instruction Manual), and that the aircraft are in a condition for safe flight.

In Focus Media, also seeks an exemption from the requirements of Section 91.121, entitled Altimeter Settings, as the DJI

Inspire 1 MDL-T600, Phantom 2 and Phantom 3 UAs will not have a typical barometric altimeter onboard. However, altitude

information of the DJI Inspire 1 MDL-T600, Phantom 2 and 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 of the flight path. This altitude information, combined with my operation of the DJI Inspire 1

MDL-T600, Phantom 2 and Phantom 3 UASs within visual line of sight, at or below 400 feet AGL, will ensure a level of

safety equivalent to Section 91.121.

Additionally, In Focus Media, seeks an exemption from the requirements of Section 91.151(b), entitled Fuel requirements

for flight in VFR conditions. In Focus Media, submits that safety will not be affected by operation of the DJI Inspire 1 MDLT600, Phantom 2 and Phantom 3 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 approximately 15 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, In Focus Media, provides the following information in support of its petition for

exemption:

A. Name And Address Of The Petitioner:

IN FOCUS MEDIA

Zachary E. McFarlane (owner/operator) 4826 Brand Way

Sacramento, CA 95819

Cell: (916) 715-8573

Email: Dpzac@Mac.Com

B. The Specific Sections Of 14 C.F.R. from which In Focus Media, Seeks Exemption.

1. In Focus Media, Seeks Exemption From The Requirements Of Section 61.113(a) And (b).

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

following, in relevant part:

(a) No person who holds a private pilot certificate may act as a pilot in command (PIC) of an aircraft that is carrying

passengers or property for compensation or hire; nor may that person, for compensation or hire, act as PIC of an aircraft.

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

employment if—

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

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

2. In Focus Media, Seeks Exemption From The Requirements Of Section 91.7(a).
6

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. In Focus Media, 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 altimeter setting of a station along the route and within 100 nautical miles of the aircraft;

(ii) If there is no station within the area prescribed in paragraph (a)(1)(i) of this section, the current reported altimeter

setting of an appropriate available station; or

(iii) In the case of an aircraft not equipped with a radio, the elevation of the departure airport or an appropriate altimeter

setting available before departure.

4. In Focus Media Seeks Exemption From The Requirements Of Section 91.151(b).

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

(b) No person may begin a flight in a rotorcraft under VFR conditions unless

(considering wind and forecast weather conditions) there is enough fuel to fly to the first point of intended landing and,

assuming normal cruising speed, to fly after that for at least 20 minutes.

5. In Focus Media 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. In Focus Media 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),

statesthe following:

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

unless--

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

7. In Focus Media Seeks Exemption From The Requirements Of Sections 91.409(a)(1) And 91.409(a)(2).

Section 91.409, entitled Inspections,subsection (a), states the following:

(a) Except as provided in paragraph (c) of this section, no person may operate an aircraft unless, within the preceding 12

calendar months, it has had --

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

person authorized by § 43.7 of this chapter; or

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

8. In Focus Media 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
7

following records for the periods specified in paragraph (b) of this section:

(1) Records of the maintenance, preventive maintenance, and alteration and records of the 100-hour, annual,

progressive, and other required or approved inspections, as appropriate, for each aircraft (including the airframe)

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

(i) A description (or reference to data acceptable to the Administrator) of the work performed; and

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

(iii) The signature, and certificate number of the person approving the aircraft for return to service.

(2) Records containing the following information:

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

(ii) The current status of life-limited parts of each airframe, engine, propeller, rotor, and 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 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 in paragraph (a)(1) of this section shall be retained until the work is repeated or

superseded by other work or for 1 year after the work is performed.

(2) The records specified in paragraph (a)(2) of this section shall be retained and 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 In Focus Media, Seeks And The Reason In Focus Media Seeks The Relief.

1. Extent Of Relief In Focus Media, Seeks And The Reason In Focus Media Seeks Relief From Section 61.113(a)

And (b).

Relief from Section 61.113(a) and (b) entitled Private pilot privileges and limitations: Pilot in command, is requested to the

extent necessary 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 conduct the proposed UAS flight

operations for compensation or hire.

Further, Petitioner has flown on numerous occasions with the United States Coast Guard, The Alaska State Troopers and

Aerial Cinematography Companies (both fixed wing and helicopter) to gather aerial video content for television

productions, including for the Discovery Channel. Petitioner was continuously trained in emergency procedures and made

aware of flight safety regulations by pilots and flight crew.

This relief is requested since the limitations set forth in Section 61.113(a) and (b) state that a private pilot may, for

compensation or hire, act as 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.
8

As set forth more fully below, In Focus Media submits that an equivalent level of safety will be maintained because no PIC

will be allowed to operate the DJI Inspire 1 MDL-T600, Phantom 2 and Phantom 3 UAS except for the petitioner.

Further, In Focus Media submits that all flights of the DJI Inspire 1 MDL-T600, Phantom 2 and Phantom 3 UASs, conducted

by the PIC pursuant to the grant of this Petition: (1) will be incidental to petitioner and (2) will not carry passengers or

property for compensation or hire.

2. Extent Of Relief In Focus Media, Seeks And The Reason In Focus Media Seeks Relief From Section 91.7(a).

Relief from Section 91.7(a) entitled Civil aircraft airworthiness, isrequested to the extent required to allow In Focus Media,

to determine that the DJI Inspire 1 MDL-T600, Phantom 2 and Phantom 3 UASs are in airworthy condition prior to every

flight by ensuring that the UAS is in compliance with the operating documents(i.e., Operations Manual, Monthly

Maintenance Log, and DJI Inspire 1 MDL-T600, Phantom 2 and Phantom 3 Instruction Manual).

In Focus Media, seeks the requested relief because the DJI Inspire 1 MDL-T600, Phantom 2 and Phantom 3 UASs do not

require an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H. Therefore, In Focus Media, will ensure

that the DJI Inspire 1 MDL-T600, Phantom 2 and Phantom 3 UASs are in airworthy condition based upon its compliance

with the operating documents (i.e., Monthly Maintenance Log, and the DJI Inspire 1 MDL-T600, Phantom 2 and Phantom 3

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 In Focus Media, Seeks And The Reason In Focus Media, Seeks Relief From Section 91.121.

Relief from Section 91.121, entitled Altimeter settings, may be required to allow flight operations of the DJI Inspire 1 MDLT600, Phantom 2 and Phantom 3 UASs, 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), In Focus Media, seeks the requested relief because the DJI Inspire 1 MDL-T600,

Phantom 2 and Phantom 3 UA’s altimeter may be set on the ground to zero feet AGL, rather than the local barometric

pressure or field altitude, before each flight.

Considering the limited altitude of the proposed operations, relief from 14 CFR 91.121 is sought to the extent necessary to

comply with the applicable conditions and limitations stated below. As more fully set forth herein, an equivalent level of

safety will be maintained since the DJI Inspire 1 MDL-T600, Phantom 2 and 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 each flight, and provides the PIC with altitude information of the UA on the heads-up display of the GCS.

4. Extent Of Relief In Focus Media, Seeks And The Reason In Focus Media, Seeks Relief From Section

91.151(b).

Relief from Section 91.151(b) entitled Fuel requirements for flight in VFR conditions, is requested to the extent required to

allow flights of the battery powered DJI Inspire 1 MDL-T600, Phantom 2 and Phantom 3 UAs during daylight hours in visual

meteorological conditions (VMC), under visual flight rules (VFR), for a total duration of 15 minutes to the first point of

intended landing and, assuming normal cruising speed, to fly after that for at least 4.5 minutes.In Focus Media, seeks the

requested relief because without an exemption from Section 91.151(b), the flight time duration of the battery powered UAs

will severely constrain the practicality of any aerial video or still photo flight operations that In Focus Media, proposes to

conduct pursuant to this Petition.

Significantly, as set forth below, the technical specifications of operating documents, and In Focus Media, proposed

operating limitations, ensure that In Focus Media, will safely operate the battery powered DJI Inspire 1 MDL-T600,

Phantom 2 and Phantom 3 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 intended landing and,

assuming normal cruising speed, to fly after that for at least 4.5 minutes.

5. Extent Of Relief In Focus Media, Seeks And The Reason In Focus Media, Seeks Relief From Sections

91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), And 91.417(a) & (b).

Since Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b) only apply to aircraft with an

airworthiness certificate, In Focus Media, requests relief from these Sections because the DJI Inspire 1 MDL-T600, Phantom

2 and Phantom 3 UASs do not require airworthiness certificates. As set forth more fully below, the DJI Inspire 1 MDL-T600,
9

Phantom 2 and Phantom 3 UASs meet the conditions of FMRA Section 333 for operation without an airworthiness

certificate. Accordingly, In Focus Media will perform maintenance, alterations, or preventive maintenance on the UASs using

the methods, techniques, and practices prescribed in the UAS operating documents (i.e., the Operations Manual, Monthly

Maintenance Log, and Instruction Manual). Furthermore, In Focus Media will document and maintain all maintenance

records for the DJI Inspire 1 MDL-T600, Phantom 2 and Phantom 3 UASs.

D. The Reasons Why Granting In Focus Media’s Request Would Be In The Public Interest; That Is, How It

Would Benefit The Public As A Whole.

Granting the present Petition will further the public interest by allowing In Focus Media to safely, efficiently, and economically 

perform aerial video and photography for television and film production, contracted aerial cinematography, Travis Air Force 

David grant Medical Center Clinical Investigation Facility mapping, golf course mapping, agricultural surveying, delta levee 

solar array survey, real estate photography, and special events over certain areas of the United States.

Additionally, use of the DJI Inspire 1 MDL-T600, Phantom 2 and Phantom 3 UASs will decrease congestion of the NAS,

reduce pollution, and provide significant benefits to the economy. Notably, the benefits of In Focus Media proposed

operation of the DJI Inspire 1 MDL- T600, Phantom 2 and Phantom 3 UASs will be realized without implicating any privacy

issues.

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

The DJI Inspire 1 MDL-T600, Phantom 2 and 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 of

manned aircraft needed to perform aerial acquisitions, an exemption allowing the use of a DJI Inspire 1 MDL-T600, Phantom

2 and Phantom 3 UAS would reduce the amount of manned aircraft in the NAS, reduce noise and air pollution, as well as

increase the safety of life and property in the air and on the ground.

Furthermore, by reducing the number of manned aircraft operating in the NAS, congestion around airports caused by arriving

and departing aircraft will be reduced. The DJI Inspire 1 MDL-T600, Phantom 2 and 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 handled by air traffic control during the ground, takeoff, departure, arrival, and landing

phases of flight operations.

2. The Public Will Benefit From The Safety And Efficiency Of The DJI Inspire 1 MDL-T600, Phantom 2 and

Phantom 3 UASs

Conducting aerial acquisitions with the DJI Inspire 1 MDL-T600, Phantom 2 and Phantom 3 UASs, instead of manned

aircraft, will greatly benefit the public by drastically reducing the levels of air and noise pollution generated during traditional

aerial video and still photography flight operations. By using battery power and electric motors, the DJI Inspire 1 MDLT600, Phantom 2 and Phantom 3 UASs 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 Inspire 1 MDL-T600,

Phantom 2 and Phantom 3 UAs, while 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 Inspire 1 MDL-T600, Phantom 2 and Phantom 3 UASs to perform aerial acquisitions, the substantial risk to

life and property in the air and on the ground, which is usually associated with traditional manned aircraft flight operations,

will be substantially reduced or completely eliminated. Aside from the lack of flight crew members located onboard the

aircraft, the DJI Inspire 1 MDL-T600 UA (weighing approximately 7 pounds at a maximum gross weight with the length of

18 inches, widths of 18 inches, and with no fuel on board). The Phantom 2 and Phantom 3 UAs (weighing approximately 2

pounds 11 ounces, at maximum gross weights with lengths of 16 inches, widths of 16 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 of approximately

42 feet, a length of 34 feet, and a fuel capacity of 180 gallons).

3. Performing Aerial Video and Photography Operations With DJI Inspire 1 MDL- T600, Phantom 2 and

Phantom 3 UASs Will Benefit The Economy.

In addition to being safe and efficient, the DJI Inspire 1 MDL-T600, Phantom 2 and Phantom 3 UASs are also an economical

alternative to using manned aircraft to conduct similar aerial operations. As such, operation of the DJI Inspire 1 MDL-T600,
10

Phantom 2 and Phantom 3

UASs will allow United States based companies, like In Focus Media to remain competitive and contribute to growth of the

U.S. economy. Specifically, with the rising cost of aviation fuel and the Environmental Protection Agency (“EPA”)

regulatory actions phasing out leaded aviation fuels, U.S. owned and operated companies must adopt new and alternative

technology in order to remain competitive. Operating the battery powered DJI Inspire 1 MDL-T600, Phantom 2 and Phantom

3 UASs is one such technology that not only allows companies greater operational flexibility compared to manned aircraft,

but provides such flexibility without the high operational cost of a traditionalmanned aircraft.

By operating the DJI Inspire 1 MDL-T600, Phantom 2 and Phantom 3 UASs, companies such as In Focus Media 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 performance of U.S. companies, through commercial use of

the DJI Inspire 1 MDL-T600, Phantom 2 and Phantom 3 UASs, 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.

4. There Are No Privacy Issues.

Similar to the manned aerial acquisition flight operations that have been conducted for decades, In Focus Media proposed

operation of the DJI Inspire 1 MDL-T600, Phantom 2 and Phantom 3 UASs will not implicate any privacy issues.

Specifically, the DJI Inspire 1 MDL- T600, Phantom 2 and Phantom 3 UASs will be operated only in compliance with

operating documents(i.e., the Operations Manual, Monthly Maintenance Log, and DJI Inspire 1 MDL- T600, Phantom 2 and

Phantom 3 Instruction Manual) which requires property owner involvement as well as local law enforcement notification,

and in accordance with the Federal Aviation Regulations, including the minimum altitude requirements of 14 C.F.R. §

91.119.

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

Provide A Level Of Safety At Least Equal To That Provided By The Rule From Which I Seek Exemption.

1. Reasons Why The DJI Inspire 1 MDL-T600, Phantom 2 and Phantom 3 UAs Meet The Conditions Of The

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

In consideration of the size, weight, speed, and limited operating area associated with the unmanned aircraft and its

operation, my operation of the DJI Inspire 1 MDL-T600, Phantom 2 and Phantom 3 UASs meet 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 otherrequirement of this subtitle, and not later than 180 days after the

date of enactment of this Act, the Secretary of Transportation shall determine if certain unmanned

aircraft systems may operate safely in the national airspace system before completion of the plan and

rulemaking required by section 332 of this Act or the guidance required by section 334 of this Act.

(b) Assessment of Unmanned Aircraft Systems.--In making the determination under subsection (a), the

Secretary shall determine, at a minimum--

(1) which types of unmanned aircraft systems, if any, as a result of their size, weight,speed, operational

capability, proximity to airports and populated areas, and operation within visual line of sight do not

create a hazard to users of the national airspace system or the public or pose a threat to national

security; and

(2) whether a certificate of waiver, certificate of authorization, or airworthiness certification under section

44704 of title 49, United States Code, is required for the operation of unmanned aircraft systems

identified under paragraph (1).

(c) Requirements for Safe Operation.--If the Secretary determines under this section that certain unmanned

aircraft systems may operate safely in the national airspace system, the Secretary shall establish

requirements for the safe operation of such aircraftsystems in the national airspace system.
11

In seeking this exemption, In Focus Media submits that the DJI Inspire 1 MDL-T600, Phantom 2 and Phantom 3 UASs can

operate safely in the NAS pursuant to FMRA Section 333, as demonstrated by: (a) the characteristics of the DJI Inspire 1

MDL-T600, Phantom 2 and Phantom 3 UASs; (b) the pilot certification requirement; and (c) the specific operating

limitations.

a. The Specifications Of The DJI Inspire 1 MDL-T600, Phantom 2 and Phantom 3 UASs Demonstrate Its

Safe Characteristics.

The DJI Inspire 1 MDL-T600, Phantom 2 and Phantom 3 UASs do not create a hazard to users of the NAS or the

public, or otherwise pose a threat to national security considering its size, weight,speed, and operational capability.

i. Technical Specifications Of The DJI Inspire 1 MDL-T600, Phantom 2 and Phantom 3 UASs

The technical specifications of the DJI Inspire 1 MDL-T600, Phantom 2 and Phantom 3 UASs are set

forth by the DJI Inspire 1 MDL-T600, Phantom 2 and Phantom 3 Specifications and Data Sheet.

ii. The DJI Inspire 1 MDL-T600, Phantom 2 and Phantom 3 UASs Autonomous Flight And

Navigation Modes Enable The UASs To Remain Within A Defined Operational Area.

The DJI Inspire 1 MDL-T600, Phantom 2 and Phantom 3 UASs may be operated in both manual and fully

autonomous flight modes. A complete description of the flight and navigational modes of the DJI Inspire 1 

MDL-T600, Phantom 2 and Phantom 3 UASs Are appended to this petition.

iii. The DJI Inspire 1 MDL-T600, Phantom 2 and Phantom 3 UASs Are 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 Inspire 1 MDL-T600, Phantom 2 and Phantom 3 UAs will remain

stationary, in flight, for 3 seconds or more. If, after 3 seconds, the DJI Inspire 1 MDL-T600, Phantom 2

and Phantom 3 UAs do not reacquire control link data from the GCS, the UAs will assume that the

Control Link is lost and the UAs will return to the home position (i.e., failsafe mode) via GPS, and will

descend to the takeoff position and shutdown.

A complete description of the Failsafe Functions of the DJI Inspire 1 MDL-T600, Phantom 2 and

Phantom 3 UASs is available on-line at DJI Inspire T600 User Manual, DJI Phantom 2User Manual and

DJI Phantom 3 User Manual.

a. Flights Of DJI Inspire 1 MDL-T600, Phantom 2 and Phantom 3 UASs Will Be Conducted Pursuant To

Specific Operating Limitations.

In seeking this exemption, In Focus Media proposes to commercially operate the DJI Inspire 1 MDL-T600,

Phantom 2 and Phantom 3 UASs for the purpose of conducting aerial video and photography over certain areas of

United States, pursuant to the following specific operatinglimitations:

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

operating documents, rotorcraft UASs weighing less than 55 pounds maximum gross weight: DJI Inspire 1 MDLT600, Phantom 2 and Phantom 3 Unmanned Aircraft Systems. 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.

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

4. The UA 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 feet AGL.

5. The UAs must be operated within visual line of sight (VLOS) of the PIC at all times. This requires the PIC to be

able to use human vision unaided by any device other than corrective lenses, as specified on the PIC’s FAA-issued
12

airman medical certificate.

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

11:18 AM

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 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 of the flight. The PIC must ensure that the SO

can perform the functions prescribed in the operating documents.

8. The SO must not perform any other duties beyond assisting the PIC with seeing and avoiding other air

traffic and other ground based obstacles/obstructions and is not permitted to operate the camera or other

instruments.

9. The operating documents and the grant of exemption must be accessible during UAS operations and made

available to the Administrator upon request. If a 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 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 of exemption. The FAA’s UAS Integration Office (AFS-80) may be contacted if questions arise regarding

updates or revisions to the operating documents.

10. Prior to each flight the PIC must inspect the UAS to ensure that it is in a condition for safe flight. If the

inspection reveals a condition that affects the safe operation of the UAS, the aircraft is prohibited from operating

until the necessary maintenance has been performed and the UAS is found to be in a condition for safe flight. The

Ground Control Station must be included in the preflight inspection. All maintenance and alterations must be

properly documented in the aircraft records.

11. Any UAS that has undergone maintenance or alterations that affect the UAS operation or flight

characteristics, e.g. replacement of a flight critical component, must undergo a functional test flight. The 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 operatingdocuments.

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 of replacement/overhaul component

parts must be noted in the aircraft records, including total time in service, description of work accomplished, and the

signature of the authorized person returning the UAS to service.

15. Each UASs 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 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 evasive and emergency maneuvers and maintaining appropriate distancesfrom

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
13

with 14 C.F.R. § 91.119.

18. UAS operations may not be conducted during night, as defined in 14 C.F.R. § 1.1. All operations must be

conducted under visual meteorological conditions(VMC). If flight at night is required, a special request will be

made at the FAA office closest to proposed area of operations. Flights under special visual flight rules (SVFR) are

not authorized.

19. 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.

20. The UA may not be operated less than 400 feet below or less than 2,000 feet horizontally from a cloud or

when visibility is less than 3 statute miles from the PIC.

21. If the UA loses communications or loses its GPS signal, it must return to a pre- determined location

within the planned operating area and land or be recovered in accordance with the operating documents.

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

operating documents.

23. 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.

24. 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 Airman (NOTAM) not more than 72 hours in advance, but not less than 48 hours

prior to the operation. All operations shall be conducted in accordance with airspace requirements in the ATO

issued COA including class of airspace, altitude level and potential transponder requirements.

25. All aircraft operated in accordance with the exemption must be identified by serial number, registered in

accordance with 14 C.F.R. part 47, and have identification (N- Number) markings in accordance with 14 C.F.R.

part 45, Subpart C. Markings must be as large as practicable.

26. 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

requirements.

27. 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.

28. The UA must remain clear and yield the right of way to all manned aviation operations and activities at all

times.

29. 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 persons), vessels, vehicles, and structures unless:

a. Barriers or structures are present thatsufficiently protect nonparticipating persons from the UA and/or

debris in the event of an accident. The operator must ensure that nonparticipating persons remain under such

protection. If a situation arises where nonparticipating persons leave such protection and are within 500 feet of

the UA, flight operations must cease immediately and/or;

b. The aircraft is operated near vessels, vehicles or structures where the owner/controller of such vessels,

vehicles or structures has granted permission and the 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;
14

c. Operations nearer to the PIC, SO, operator trainees or essential persons do not present an undue hazard to

those persons per § 91.119(a).

31. All operationsshall 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 transgresses the lateral or vertical boundaries of the

operational area as defined by the applicable COA must be reported to the FAA's UAS Integration Office (AFS-80)

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

contained on the NTSB Web site: www.ntsb.gov.

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

Adversely Affect Safety.

In Focus Media 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 Inspire 1 MDL-T600, Phantom 2 and Phantom 3 UASs except In Focus

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

safely operate the DJI Inspire 1 MDL-T600, Phantom 2 and Phantom 3 UAS in a manner consistent with the exemption,

including evasive and emergency maneuvers and maintaining appropriate distancesfrom people, vessels, vehicles and

structures.

Considering In Focus Media’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 Inspire 1 MDL-T600, Phantom 2 and Phantom 3 UAS, In Focus

Media submits that the additional manned airmanship experience of a commercially certificated pilot would not correlate to

the airmanship skills necessary for In Focus Media’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).

In Focus Media will not allow any PIC to operate the DJI Inspire 1 MDL-T600, Phantom 2 and Phantom 3 UAS except

petitioner and that PIC has demonstrated, by meeting minimum flight-hour requirements or the DJI Inspire 1 MDL-T600,

Phantom 2 and Phantom 3 UAS training and currency requirements, that the PIC is able to safely operate the DJI Inspire 1

MDL- T600, Phantom 2 and Phantom 3 UAS in a manner consistent with this exemption, including evasive and emergency

maneuvers and maintaining appropriate distancesfrom people, vessels, vehicles and structures.

Specifically, the PIC must have accumulated and logged, in a manner consistent with 14 C.F.R. § 61.51(b), 25 hours of total

time as a UAS rotorcraft pilot (with a minimum of 5 hours of those hours as a UAS pilot operating the same make and model

of UAS to be used for operations under the exemption). In addition to the hour requirements, the PIC must accomplish 3

takeoffs and landings in the preceding 90 days (for currency purposes).

As in Exemption Nos. 11062, 11138, and 11153, prior documented flight experience that was obtained in compliance with

applicable regulations will ensure an equivalent level of safety during my proposed operations. The Administrator has held

that prior documented flight experience that was obtained in compliance with applicable regulations would ensure safe

operations,stating asfollows:

In Exemption No. 11062, the FAA required that prior to conducting operations for the purpose of motion picture

filming (or similar operations), the PIC must have accumulated and logged, in a manner consistent with 14 CFR

61.51(b), 25 hours of total time as a UAS rotorcraft pilot including at least 10 hours logged as a UAS pilot with a

multi-rotor UAS. Prior to operations under Exemption No. 11062, the PIC must also have accumulated and logged

a minimum of 5 hours as a UAS pilot operating the same make and model of UAS to be used for operations under

the 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
15

requirement. Training, proficiency, and experience-building flights can also be conducted under the grant of

exemption to accomplish the required flight time. During training, proficiency, and experience-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, In Focus Media will ensure safe operations by not allowing any PIC to

operate the DJI Inspire 1 MDL-T600, Phantom 2 and 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 Inspire 1 MDL-T600, Phantom

2 and Phantom 3 UAS in a manner consistent with the exemption, including evasive and emergency maneuvers and

maintaining appropriate distancesfrom people, vessels, vehicles and structures.

3. Reasons Why An Exemption From The Requirements Of Section 91.7(a) Would Not Adversely

Affect Safety.

The equivalent level of safety established by Section 91.7(a) will be maintained because prior to every flight, In Focus Media

will ensure that the DJI Inspire 1 MDL-T600, Phantom 2 and 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 relief from Section 91.7(a) specific to UAS, in circumstances similar, in all

material respects, to those presented herein (e.g. Exemption Nos. 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109,

11110, 11112, 11136, 11138, 11150, 11153, 11156, 11157, 11158, 11159, 11160, 11161).

4. Reasons Why An Exemption From The Requirements Of Section 91.121 Would Not Adversely

Affect Safety.

The equivalent level of safety established by Section 91.121 will be maintained because the altitude information of the DJI

Inspire 1 MDL-T600, Phantom 2 and 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 my operation of the DJI Inspire 1 MDL-T600, Phantom 2 and Phantom 3

UAs within visual line of sight, at or below 400 feet AGL, will ensure a level of safety equivalent to Section 91.121. The

altitude information will be generated by GPS equipment installed onboard the aircraft. Prior to each flight, a zero altitude

initiation point is automatically established by the UASs at ground level.

The FAA has previously granted relief from Section 91.121 specific to UAS, in circumstances similar, in all material

respects, to those presented herein (e.g. Exemption Nos. 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11112,

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

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 Inspire 1 MDL- T600, Phantom 2 and Phantom 3 UASs; (2) the limitations on the

proposed flight operations; and the location of the proposed flight operations. Accordingly, In Focus Media will ensure that it

will safely operate the battery powered DJI Inspire 1 MDL-T600, Phantom 2 and Phantom 3 UAs during daylight hours in

VFR conditions, with enough battery power to fly for a total duration of 15 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.12430 the technical specifications of the DJI Inspire 1 MDL- T600, Phantom 2 and Phantom 3

UASs; 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 Inspire

1 MDL-T600, Phantom 2 and Phantom 3 UASs provide audible and visual warnings to the PIC at the GCS when the UAs

experiences low battery voltage, the first warning occurring at approximately 33% remaining battery power, and again at

approximately 10% remaining battery power. At the critically low battery level, the DJI Inspire 1 MDL-T600, Phantom 2 and

Phantom 3 UASs 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 technical characteristics and operating limitations of the UAS are considered. Relief has been granted for

manned aircraft to operate at less than the minimums prescribed in Section 91.151, including Exemption Nos. 2689, 5745,

and 10650. Moreover, the FAA has previously granted relief from Section 91.151 specific to UAS, in circumstances similar,

in all material respects, to those presented herein (e.g. Exemption Nos.8811, 10808, 10673, 11042, 11062, 11063, 11064,

11065, 11066, 11067, 11080, 11109, 11110, 11136, 11138, 11150, 11153, 11156, 11157, 11158, 11159, 11160, 11161).
16

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, In Focus Media will submit that the equivalent level of safety with regard to the regulatory

maintenance and alteration requirements established by Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and

91.417(a) & (b) will be met because In Focus Media , will use trained technicians to perform maintenance, alterations, or

preventive maintenance on the UASs using the methods, techniques, and practices prescribed in the operating documents

(i.e., the Operations Manual, Monthly Maintenance Log, and DJI Inspire 1 MDL-T600, Phantom 2 and Phantom 3

Instruction Manual). Furthermore, I will document and maintain all maintenance records for the DJI Inspire 1 MDL-T600,

Phantom 2 and Phantom 3 UASs.

Likewise, the exemption sought will not adversely affect safety because In Focus Media will use my experience to perform

maintenance, alterations or preventive maintenance on the UAS using the methods, techniques, and practices prescribed by

the operating documents.

Furthermore, the exemption sought would maintain an equivalent level of safety established by Sections 91.407, 91.417(a)

and 91.417(b), because all maintenance of the DJI Inspire 1 MDL-T600, Phantom 2 and Phantom 3 UASs will be performed

by me. Maintenance will be documented and maintained utilizing the monthly maintenance log.

Significantly, previous exemptions granted by the FAA concerning Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2),

and 91.417(a) & (b) establish that safety is not adversely affected when the technical characteristics and operating limitations

of the UAS are considered.

In consideration of my proposed operating limitations, the operating documents, and the technical aspects of the DJI Inspire 1

MDL-T600, Phantom 2 and Phantom 3 UASs, I submit that safety will not be adversely affected by granting exemption from

14 C.F.R. Sections 91.405(a), 91.407(a)(1) and (a)(2), 91.409(a)(2), and 91.417(a) and (b). The FAA has previously granted

relief specific to UAS in circumstances similar, in all material respects, to those presented herein (e.g. Exemption Nos.

11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110, 11112, 11136, 11138, 11150, 11153, 11156, 11157,

11158, 11159, 11160, 11161).

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, In Focus Media requests that the FAA prescribe special conditions for the intended operation of the DJI

Inspire 1 MDL-T600, Phantom 2 and Phantom 3 UASs, which contain such safety standards that the Administrator finds

necessary to establish a level of safety equivalent to that established by 14 C.F.R. Part 21, Subpart H, and 14 C.F.R §§

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 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 DJI Inspire 1

MDL-T600, Phantom 2 and Phantom 3 UASs, since the airworthiness regulations of 14 C.F.R. Part 21 do not contain

adequate or appropriate safety standards, due to the novel or unusual design features of the aircraft. Section 21.16, entitled

Special Conditions,statesthe following:

If the FAA finds that the airworthiness regulations of this subchapter do not contain adequate or appropriate safety

standards for an aircraft, aircraft engine, or propeller because of a novel or unusual design feature of the aircraft,

aircraft engine or propeller, he prescribes special conditions and amendments thereto for the product. The special

conditions are issued in accordance with Part 11 of this chapter and contain such safety standards for the aircraft,

aircraft engine or propeller 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 for

Leading Edge’s intended operation of the DJI Inspire 1 MDL- T600, Phantom 2 and Phantom 3 UASs, which contain such

safety standards that the Administrator finds necessary to establish a level of safety equivalent to that established by 14
17

C.F.R. Part 21, Subpart H, and 14 C.F.R Sections 61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1),

91.409(a)(1) & (a)(2), and 91.417(a) & (b).

F. A Summary That Can Be Published In The Federal Register, stating: The Rules From Which I Seek Exemption:

In Focus Media, 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 I Seek:

This exemption will permit In Focus Media, to commercially operate an Unmanned Aircraft System (UAS) for the

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

G. Any Additional Information, Views, Or Arguments Available To Support In Focus Media’s Request.

This Petition is made pursuant to the FAA Modernization and Reform Act of 2012 (FMRA) Section 333, which directs the

Secretary of Transportation to determine if certain UAS may operate safely in the NAS. As such, In Focus Media’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 whether a UAS will create a hazard to users of the NAS or the

public, or otherwise pose a threat to national security; and further, provides the authority for such UAS to operate without

airworthiness certification.

As discussed in detail above, In Focus Media will operate the DJI Inspire 1 MDL-T600, Phantom 2 and Phantom 3 UASs

safely in the NAS, without creating a hazard to users of the NAS, or the public, or otherwise pose a threat to national

security.

CONCLUSION

As set forth herein, In Focus Media 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 Inspire 1 MDL-T600, Phantom

2 and Phantom 3 UASs 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 of the FAA Modernization and Reform Act of 2012, while also advancing the interests of the

public, by allowing In Focus Media to safely, efficiently, and economically operate the DJI Inspire 1 MDL-T600, Phantom 2

and Phantom 3 UASs commercially within the NAS.

WHEREFORE, in accordance with the Federal Aviation Regulations and the FAA Modernization and Reform Act of 2012,

Section 333, In Focus Media 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 In Focus Media to operate the DJI Inspire 1 MDL-T600, Phantom 2 and Phantom 3

UASs commercially for the purpose of conducting aerial video and photography over certain areas of the United States.

Dated: October 12, 2015

Respectfullysubmitted,

In Focus Media

Zachary E. McFarlane (owner/operator)

4826 Brand Way

Sacramento, CA 95819

Cell: (916) 715-8573
18

APPENDICES:

Appendix A – DJI Inspire 1 MDL-T600, Phantom 2 and Phantom 3 Technical Specifications

Appendix B – Inspire 1 MDL-T600, Phantom 2 and Phantom 3 Pre-Flight Inspection Check List

Appendix C – Phantom and Inspire Flying Flowchart

Appendix D – Monthly Maintenance Log
19

APPENDIX A

DJI INSPIRE MDL-T600, DJI PHANTOM 2 AND DJI PHANTOM 3 OPERATING MANUALS
DJI INSPIRE
DJI INSPIRE
DJI INSPIRE
DJI INSPIRE
PHANTOM II
PHANTOM II
PHANTOM III
PHANTOM III
PHANTOM III
20

APPENDIX B

DJI Inspire 1 MDL-T600, Phantom 2 and Phantom 3 Pre-Flight Inspection Check List

Pre-Flight Check List

Visual inspection for defects

Batteries fully charged and checked - Transmitter, UAS, iPad, iPhone, approved/compatible device

Props tightened and locked

SD card in camera

Lens cap removed (As necessary)

Antennae up and parallel

Transmitter turned on (press once, release, then press and hold for 3 seconds)

Ensure Transmitter is in P Mode

UAS turned on (press once, release, then press and hold for 3 seconds)

Flick the transformation switch on transmitter up and down 4 times quickly to convert from travel mode to flight

mode or use the app

DJI Pilot app quit and restarted, no other running apps on iPad

Tap bar at top of app (Safe to Fly GPS) for full status

Maps are cached (move the map around, zoom in an out)

Minimum return height adjusted (check for tallest object and set accordingly)

UAS placed in safe launch and recover position

Home point reprogrammed via app

Area clear of people / obstructions

Flight Check List

Hover close for 20 seconds. Look / Listen for defects

Confirm expected stick operation

Monitor battery power

Monitorsignalstrength

Keep line-of-sight with UAS

o Ensure area/zone of intended flight path is clear of other aerial traffic.

o Ensure area/zone of intended flight path is clear of any electrical/power lines

o Ensure atmospheric conditions are optimal for safe operation of UAV/UAS

Select a safe zone to “ditch” the UAV/UAS in the event an emergency landing is required
21

34

APPENDIX C
22

APPENDIX D