U.S. Department of Transportation

Federal Aviation Administration

February 10th, 2016

800 Independence Avenue, SWWashington, DC 20591

Re: Exemption Request Pursuant to Section 333 of the FAA Reform Act and Part 11 of

the Federal Aviation Regulations from: 14 CFR 61.113{a) & (b); 91.7 (a); 91.103;

91.119{c); 91.121; 91.151{a); 91.405{a); 91.407(a)(1); 91.409 (a)(1) and {2}; 91.417{a)

& (b).

Dear Sir or Madam:

Pursuant to Section 333 of the FAA Modernization and Reform Act, I, Dustin Downing,

operator of an Unmanned Aircraft System (UAS), hereby apply for an exemption from the listed

Federal Aviation Regulations (“FARs”) to allow commercial operation of its UAS, so long as

such

operations are conducted within and under the conditions outlined herein or as may be

established by the FAA as required by Section 333.

I would like to formally submit for an exemption from part 21, subpart H; and Sections 45.23(b),

91.7(a), 91.9(b)(2), 91.119, 91.121, 91.151(a), 91.203(a) and (b), 91.405(a),

91.407(a)(1), 91.409(a)(2), and 91.417(a) and (b) of Title 14, Code of Federal Regulations (14

CFR). This proposed exemption would allow the operation of unmanned

aircraft systems (UAS) for the purpose of aerial videography and photography business

promotion, real estate purposes, and events.

Applicant:

Dustin Downing UAS# FA3EFY7CLK

1159 N Heliotrope Dr

Los Angeles, CA 90029

dustin@dustindowning.com
Commercial operation of an UAS, as described herein, which are equipped with camera and

sensors, would operate in the following manner:

• Aerial photography and/or video for public and/or private use including business promotion and

related marketing or activities.

• Aerial photography and/or video for public and/or private use including real estate and other

related professional activities.

• Aerial video and/or photography for public and/or private use including public and private

events.

As described fully below, the requested exemption would permit the operation of a UAS under

controlled conditions in the NAS that would be a) limited, b) controlled, c)

predetermined, and d) will provide safety enhancements to the already safe operations in

the industry presently using conventional aircraft. I have been a professional photographer for

over 15 years and carry a min of $1 Million in liability insurance for any type of photographic

work. Approval of this exemption would thereby enhance safety and fulfill the Secretary of

Transportation responsibilities to “....establish requirements for the safe operation of such

aircraft systems in the national airspace system.”

As found in Exemption No. 11138 (Trudeau), the FAA recently approved similar use of a

PHANTOM 2 UAS. We will operate a UAS, the DJI Phantom 3 Professional, Model 323, which

is comprised of an unmanned aircraft (UA or Phantom), an attached 4k Camera and a

transportable ground station. The PHANTOM 3 is a quadcopter with a gross weight of 2.8

pounds. It is equipped with four rotors that are driven by electric motors powered by batteries.

The UA has a maximum airspeed of 16 m/s. It will be operated over various metropolitan areas,

primarily around Los Angeles,CA, to market business operations through film/stills, augment

real estate listing videos, and capture event aerial video and photography outside the crowds.

UAS Operating Parameters

We will abide by the following additional operating conditions under this exemption,

which ensures a level of safety at least equal to existing rules:

• operate UAS below 300 feet and within a radius distance of 1000 feet from the controller to aid

in direct line of sight visual observation;

• obtain permission from the owner/controller of any vessels, vehicles and
structures when operations may be conducted closer than 500 feet to any such

vessels, vehicles or structures; we will conduct a safety assessment of the risk

of operating closer to those objects and determine that it does not present an

undue hazard;

• operate the UAS for 5­10 minutes per flight;

• land UAS prior to the manufacturer’s recommended minimum level of battery

power;

• operate UAS during daylight hours only within visual line of sight (VLOS);

use the UAS’ global positioning system (GPS) flight safety feature whereby it hovers and then

slowly lands if communication with the remote control pilot is lost;

• conduct all operations under the flight safety protocols (including posting a warning sign

reading: “Attention Aerial Photography in Progress – Remain

Back 150 feet”) contained in the operating documents and will actively analyze flight data and

other sources of information to constantly update and enhance safety protocols;

• Will NOT fly within 5 miles of any airport;

• Will NOT fly in any National Park;

• Will NOT hinder or fly near any emergency situation or emergency response personnel;

• always obtain all necessary permissions prior to operation; have procedures in

place to abort flights in the event of safety breaches or potential danger;

• only operate in safe environments that are strictly controlled, are away from power lines,

elevated lights, airports and densely populated areas (defined by

areas depicted in “yellow” on VFR charts and through obtaining information

regarding congested areas from the local Flight Standards District Office(FSDO);

• conduct extensive preflight inspections and protocols, during which safety

carries primary importance (reference PHANTOM Flying Flowchart and User

Manual).

Regarding UAS operational training, we have flown numerous practice flights in remote areas

as hobbyists simulating flights for future commercial use to gain familiarization

with the characteristics of the UAS’ performance under different temperature and weather

conditions.

Any PIC operating our UAS will 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 multi­rotor UAS. The PIC will 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. In addition to the hour requirements, the PIC will accomplish 3 take­offs and

landings in the preceding 90 days (for currency

purposes) prior to any flight.
Specific Exemptions RequestedGiven the size, weight, speed, and limited operating area associated with the UA, we feel an

exemption from 14 CFR part 21, Subpart H (Airworthiness Certificates) and §

91.203(a) and (b) (Certifications required), subject to certain conditions and limitations, is

warranted and meets the requirements for an equivalent level of safety under 14 CFR part 11

and Section 333 of P.L. 112d95 (Section 333).

We request an exemption from § 45.23 Marking of the aircraft because the UA will not have a

cabin, cockpit or pilot station on which to mark certain words or phrases. Further,

the two­inch lettering is difficult to place on such a small aircraft with dimensions smaller

than the minimal lettering requirement. Regardless of this, we can mark the UAS in the largest

possible lettering by placing the word “Experimental” on its fuselage as required

by § 45.29(f) so that anyone will see the markings.

We request an exemption from § 91.7(a) which prohibits the operation of an aircraft without an

airworthiness certificate, since there is currently no certificate applicable to

our operation, this regulation is inapplicable.

We request an exemption from §§ 91.405(a), 91.407(a)(1), 91.409(a)(2) and 91.417(a) and (b)

Maintenance inspections since they only apply to aircraft with an airworthiness certificate.

However, as a safety precaution we will perform a preflight inspection of the USA before each

flight as outlined in the attached operating documents.

We request an exemption from § 91.9(b)(2) which requires an aircraft flight manual in the

aircraft, however since there are no pilots or passengers on board the aircraft and given its size,

this regulation is inapplicable. We believe an equivalent level of safety will be achieved by

maintaining a safety/flight manual with the UAS ground station.

We request an exemption from § 91.119 which prescribes safe altitudes for the operation

of civil aircraft, but it allows helicopters to be operated at lower altitudes in certain

conditions. We will not operate our UAS above the altitude of 300 feet above ground

level (AGL) and will also only operate in safe areas away from the public and traffic,

thus“providing a level of safety at least equivalent to or below those in relation to minimum safe

altitudes.” Given the size, weight, maneuverability, and speed of the UAS, an

equivalent or higher level of safety will be achieved.

We request an exemption from § 91.121 Altimeter settings as it is inapplicable since the UAS

utilizes electronic GPS with a barometric sensor.

We request an exemption from § 91.151(a) Fuel requirements for flight in VFR
conditions. The UAV is 100% electric and two low battery alerts are issued d per the operating

documents, the UAV will be landed at the first alert. Also, our flights will last only 5/10 minutes

each, and the UAS has an automated function, which results in

immediate landing when a low battery is detected. The PIC

will not begin a flight unless (considering wind and forecast weather conditions) there is enough

power to fly to the first point of intended landing and, assuming normal cruising

speed, land the UA with 30% battery power remaining.

Public InterestAerial photography and videography for real estate and events are proven strategies to

enhance marketing efforts and increase business success. The industry is not new.

However, until recently it was conducted through the use of costly manned aircraft, a prohibited

business activity for small companies. By granting this exemption I would be able to provide

affordable services.

Further, the small UAS will pose no threat to the public given its small size and lack of

combustible fuel when compared to larger manned aircraft. Additionally, the operation of

our UAS will minimize harm to the environment economic growth by providing

information to companies and the public looking to relocate or build in the metro areas we

service. Public and private events serviced by our business enhance vibrancy and add

culture to the community and its citizens.

SummaryWe will comply with all of the following conditions and limitations should this exemption be

provided:

1) Operations will be limited to the following aircraft described in the operating

documents, which is a quad­rotor aircraft weighing 2.8 pounds: Phantom 3

Unmanned Aircraft System.

2) The UA will not be flown at an indicated airspeed exceeding 50 knots.

3) The UA will be operated at an altitude of no more than 400 feet above ground level

(AGL), All altitudes reported to ATC must be in feet AGL.

4) The UA will be operated within visual line of sight (VLOS) of the Pilot In Command

(PIC) at all times.

5)All operations will utilize a visual observer (VO). The UA will be operated within the visual line

of sight (VLOS) of the VO at all times. The VO and PIC will be able to

communicate verbally at all times. The PIC will be designated before the flight and

will not transfer his or her designation for the duration of the flight. The PIC will ensure that the

VO can perform the functions prescribed in the operating documents.

6) The operating documents will be accessible during UAS operations and made available to

the Administrator upon request. Any revisions to the operating

documents will be presented to the Administrator upon request.

7) Prior to each flight, the PIC will inspect the UAS to ensure it is in a condition for safe flight. If

the inspection reveals a condition that affects the safe operation of the UAS,
the UAS will not be operated until the necessary maintenance has been performed

and the UAS is found to be in a condition for safe flight. The Ground Control Station

will be included in the preflight inspection. All maintenance and alterations will be properly

documented in the aircraft records.

8) Any UAS maintenance or alterations that affect the UAS operation or flight characteristics,

e.g. replacement of a flight critical component, will undergo a functional test flight. The PIC who

conducts the functional test flight will make an

entry in the aircraft records.

9) The preflight inspection section in the operating documents will account for all discrepancies,

i.e. inoperable components, items, or equipment, not already covered

in the relevant sections of the operating documents.

10) We will follow the UAS manufacturer’s aircraft/component, maintenance, overhaul,

replacement, inspection, and life limit requirements.

11) We will carry out maintenance, inspections, and record keeping requirements, in

accordance with the operating documents. Maintenance, inspection, and alterations will be

noted in the aircraft records, including total flight hours, description of work

accomplished, and the signature of the authorized person returning the UAS to

service.

12) Each UAS operated will comply with all manufacturer's Safety Bulletins.

13) An authorized person will make an entry in the aircraft record of the corrective action

taken against discrepancies discovered between inspections.

14) Prior to operations conducted for the purpose of aerial videography/photography and

for real estate listing videos and public and private events and similar operations, the PIC will

have accumulated and logged, in a manner consistent with 14 CFR 61.51(b),

a minimum of 25 hours of total time as a UAS rotorcraft pilot including at least 10

hours logged as a UAS pilot with a multi­rotor UAS.

15) Prior to operations conducted for the purpose of aerial videography/photography and

for real estate listing videos and public and private events and similar operations, the PIC will

have accumulated and logged, in a manner consistent with 14 CFR 61.51(b),

a minimum of 5 hours as UAS pilot operating the make and model of the UAS to be used in

operations. The PIC will accomplish 3 take­offs and landings in the preceding 90 days.

16) The PIC will not operate the UAS for the purpose of aerial videography/photography

and for real estate listing videos and public and private events and similar operations,

unless the PIC has demonstrated and logged in a manner consistent with 14 CFR

61.51(b), the ability to safely operate the UAS in a manner consistent with the operating

documents, including evasive and emergency maneuvers and maintaining

appropriate distances from people, vessels, vehicles and structures.

17) UAS operations will not be conducted during night, as defined in 14 CFR 1.1. All Operations

will be conducted under visual meteorological conditions (VMC).

18) The UAS will not operate within 5 nautical miles of an airport reference point as denoted on

a current FAA published aeronautical chart.

19) The UA will not be operated less than 500 feet below or less than 2,000 feet horizontally

from a cloud or when visibility is less than 3 statute miles from the PIC.
20) If a UA loses communications or loses its GPS signal, it will return to a predetermined

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

accordance with the operating documents.

21) The PIC will abort a flight in the event of unpredicted obstacles or emergencies in

accordance with the operating documents.

22) The PIC will not begin 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 30% battery power remaining.

23) Before conducting operations, the radio frequency spectrum used for operation and

control of the UA will comply with the Federal Communications Commission (FCC)

or other appropriate government oversight agency requirements.

24) The documents required under 14 CFR 91.9 and 91.203 will be available to the PIC

at the Ground Control Station of the UAS any time the UAS is operating. These Documents will

be made available to the Administrator or any law enforcement official upon request.

25) The UA will remain clear and yield the right of way to all manned aviation operations and

activities at all times.

26) The UAS will not be operated by the PIC from any moving device or vehicle.

27) The UA will not be operated over congested or densely populated areas.

28) Flight operations will be conducted at least 500 feet from all nonparticipating

persons, vessels, vehicles, and structures unless:

a. Barriers or structures are present that sufficiently protect nonparticipating

persons from the UA and/or debris in the event of an accident. We will 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;

c. Operations nearer to the PIC, VO, operator trainees or essential persons

do not present an undue hazard to those persons per § 91.119(a).

29) All operations will be conducted over private or controlled access property with

permission from the landowner/controller or authorized representative. Permission from land

owner/controller or authorized representative will be obtained for each flight to be conducted.

30) Any incident, accident, or flight operation that transgresses the lateral or vertical boundaries

of the operational area as defined by the applicable COA will be reported to

the FAA's UAS Integration Office (AFSd 80) within 24 hours. Accidents will be reported

to the National Transportation Safety Board (NTSB) per instructions contained on the NTSB

Web site: www.ntsb.gov.

If you have questions or need additional information, please contact me at

dustin@dustindowning.com.
Thank you,

Dustin Downing UAS# FA3EFY7CLK