Date: February 28, 2016

Adam Johnston Balius Marketing & Web Design
7900 International Drive – Suite 300 Bloomington, MN 55425 ajohnston@baliusmarketing.com

Subject: Exemption Request‐ Sect ion 333 of the Federal Aviation Administration
Reform Act of 2012 ‐ The petitioner is seeking exem ption from the below listed FA Rs under Section 333 of the FAA Reform Act to allow the operation of the DJI Standar d/Professional 3 and Bebop 2.0 sUAS commercially in airspace regulated by the Federal Aviation Admi nistration (FAA). This grant of exemption will permit the petitio ner to operate the UAS for com mercial photography, videography, and live‐feed purposes.

Dear Sir or Madam,

This document constitutes an e xemption Request under Section 33 3 of the FAA Modernization and
Reform Act of 2012 for Aviation U nmanned to perform Aerial Phot ography & Videography by/for Matthew Dutcher. The main use of this UAS would be taking real estate and golf course photos and videos. The UAS system that I plan to use is a DJI PHANTOM 3 ST ANDARD & DJI PHANTOM 3 PROFESSIONAL and Bebop Drone 2.0.

1. The safe operation to the UAS and/or persons and/or property will be kept to a minimum by always flying the UAS within visual eye contact, less than 400 ft abov e ground and never directly above persons or public places. The orientation of flights will be such that the pilot in command (PIC) always has a
visual on the rear mounted LED f light Indicator. A dditional saf ety features on the DJI PHANTOM 3
PROFESSIONAL DJI PHANTOM 3 STANDARD & DJI PHANTOM 3 PROFESSIONA L and Bebop Drone 2.0 include return to home, low volt age, enhanced fail‐safe. All op erations will include a visual observer (VO) aiding the PIC.

2. Preflight inspection would co nsist of checking battery condi tion/level in both the transmitter and UAS. The binding/link feature will not let the UAS start if communic ation is not established. A check for power‐lines, antennas and other ov erhead objects would be perfo rmed. Wind conditions would be monitored and be a factor for flying.

3. The radio frequency of the DJI PHANTOM PROFESSIONAL 3 DJI PH ANTOM 3 STANDARD & DJI
PHANTOM 3 PROFESSIONAL and Bebo p Drone 2 is in 2.400GHz‐ 2.483G Hz range. Maximum take‐off weight less than 1280g. Max Ascent speed 5 m/s, max descent spe ed 3 m/s. Maximum flight speed 16 m/s (ATTI mode, no wind).4. The PIC will be only myself and I have a minimum of 50 plus flights with the DJI PHANTOM 3

PROFESSIONAL DJI PHANTOM 3 STANDARD & DJI PHANTOM 3 PROFESSIONA L and BeBop Drone 2 in a hobbyist manner. I’m former VFR p ilot who was certified in a Pi per Cherokee Warrior.

5. I am in good medical health and sound mental health.

6. The intended use of this DJI PHANTOM 3 PROFESSIONAL DJI PHAN TOM 3 STANDARD & DJI PHANTOM 3 PROFESSIONAL and Bebop Drone 2 is to provide aerial images an d video to real estate companies and golf courses, ski slopes and com mercial properties ‐ an option that had not been viable for these businesses until the recent boom in drone popularity.

7. All photo flights for hire would have the date, time, GPS co ordinates along with the camera metadata
recorded on a hard dri ve. This data would be kept readily avail able for a period of 1 year after each aerial flight for hire.

8. In use flight time for UAS operation during real estate proj ects would be no more than 50 minutes. Each battery lasts approximately 25 minutes of uninterrupted fl ight and I own two batteries.

9. Proximity of local airports: there is one airport in my area of operation. Minneapolis/St Paul International Airport [MSP]. The UAS will not be operated withi n 5 miles of either airport. Note: The
latest firmware for the DJI PHAN TOM 3 PRO and STANDARD. Will no t allow the drone to operate within a no fly zone (airports, etc) in compliance to FAA rules and re gulations.

Request for an exemption/relief from Title 14, Code of Federal Regulations Part 21 Along with Sections:

14 C.F.R. 45.23 (b) 14 C.F.R. 61.113 (a) & (b) 14 C.F.R. 91.7 (a) 14 C.F.R. 91.9 (b) (2) 14 C.F.R . 91.119 (a ) (b) & (c)

14 C.F.R. 91.121 14 C.F.R. 91.405 (a) 14 C.F.R. 91.407 (a) (1) 14 C.F.R. 91.409 (a) (2) 14 C.F.R. 91.417 (a) & (b)

The petitioner requests relief from the following regulations: Part 21 prescribes, in pertinent part, the procedural requireme nts for issuing and changing design approvals, production approvals, airworthiness certificates, an d airworthiness approvals.

Section 45.23 (b) prescribes, in pertinent part, that when marks include onl y the Roman capital letter “N” and the registration number is displayed on limited, restri cted or light‐sport c ategory aircraft or experimental or provisionally certificated aircraft, the operat or must also display on that aircraft near each entrance to the cabin, cock pit, or pilot station, in lette rs not less than 2 inches nor more than 6 inches high, the words “limited, ” “restricted,” “light‐sport,” “experimental,” or “provisional,” as applicable. Reason for relief: The body of the DJI Phantom and BeBop 2.0 is too small to support this size of markings.Action: The UAS will be marked with the business name, contact informa tion and word “Provisional” made as large as possible. In addition, the serial number is li sted with the manufact ure and searchable
on the internet.

Section 61.113 (a) & (b) prescribes that—  (a) no person who holds a private pilot certificate may act as a pilot in command of an aircra ft that is carrying passengers o r property for compensation or hire; nor may that person, for compensatio n or hire, act as pilot in comm and of an aircraft. (b) a private pilot may, for com pensation or hire, act as pilot in command of an aircraft in connection with any business or employment if:

Reason for relief: (A) & (B) The flights are only incidental to the business of p hotography. This UAS is too small to carry a pilot or passe nger and will not carry or deliv er any personal property for hire. In addition, obtaining a private pi lot certificate would be an unn ecessary requirement and/or hardship for the purpose of unmanned aerial photography.

Action: The only payload for this exemption is a fixed camera. No othe r payload/payloads will be
allowed.

Section 91.7(a) prescribes, in pertinent part, that no person may operate a ci vil aircraft unless it is in an airworthy condition.

Reason for Relief: Airworthy condition is not defined in the DJI PHANTOM 3 STANDA RD & DJI PHANTOM 3 PROFESSIONAL and Bebop Drone 2 manual.

Action: An airworthy preflight inspectio n would be checking battery co ndition/level in both the transmitter and UAS. The binding /link feature will not let the Phantom Standard/Professional 3 or Bebop 2.o start up if communicati on is not established. Check f or power‐lines, antennas, and other overhead objects would be perfor med. Wind conditions would be m onitored and be a factor for flying.

Section 91.9(b)(2) prohibits operation of U.S.‐registered civil aircraft unless t here is available in the aircraft a current approved Airplane or Rotorcraft Flight Manua l, approved manual material, markings, and placards, or any combination thereof.

Reason for relief: The manufacture does not have a n approved Airplane or Rotorcra ft Flight Manual.

Action: I will follow the preflight check list that is included in the user manual.  This includes a visual inspection of the UAS and all it s parts.  Flight will be ground ed if any parts are damaged or not in good working order.

Section 91.119 (a) (b) & (c) prescribes that, except when necessary for takeo ff or landing, no person may operate an aircraft below the fo llowing altitudes: (a) Anywhere . An altitude allowing, if a power unit fails, an emergency landing witho ut undue hazard to persons or property on the surface. (b) Over congested areas. Over any congest ed area of a city, town, or se ttlement, or over any open air assembly of persons, an altitude of 1,000 feet above the h ighest obstacl e within a horizontal radius of 2,000 feet of the aircraft. (c) Over other than congested areas. An altitu de of 500 feet above t he surface, except over open water or sparsely popul ated areas. In those cases, th e aircraft may not be operated closer than 500 feet to any person, vessel, vehicle, or structure.Reason for relief: This UAS Phantom quad copter at most times would be operated a t less than the minimums prescribed in paragraph (b) or (c) of this section. Th e regulation states that over sparsely populated areas the aircraft cann ot be operated closer than 500 feet to any person, vessel, vehicle, or structure. Since the typical photo assignment would be photogra phy of real estate structures and or
vacant land it would be necessary to operate closer than 500 fe et.

Action: Operations will only be flown ov er property where permission h as been obtained and careful pre‐planned has been performed. If/when the low battery LED fla shes the UAS will be landed in a safe
manner. Due to the small size and weight of the Phantom Standar d/Professional 3 and Bebop 2.0, the hazard to persons, vehicles and structures is minimal compared to manned aircraft.

Section 91.121 requires, in pertinent part, each person operating an aircraft to maintain cruising altitude by reference to an altimeter that is set “to the eleva tion of the departure airport or an appropriate altimeter setting available before departure.

Reason for relief: The Phantom Standard/Professional 3 and Bebop 2.0is not equipp ed with an altimeter
and can hover within a 10‐foot radius in all directions. There is no minimum cruising speed and it will not be launched from an airport.

Action: The above ground lev el height will be less than 400 feet progr ammed into the firmware and
never flown out of visual eye contact or at night.

Section 91.405 (a) requires, in pertinent part , that an aircraft operator or owner shall have that aircraft inspected.

Reason for relief: There is no certified inspectio n facility and the Phantom 3 St andard/Professional and Bebop 2.0 will not power on if it fails the POST (power on self ‐test).

Action: In the event that the Phantom Standard/Professional 3 & Bebop 2.0 needed inspection for any major or intermittent problems it would be safer to replace the entire UAS.

Section 91.407 (a) (1) prohibits, in pertinent part, any person from operatin g an aircraft that has undergone maintenance, preventive maintenance, rebuilding, or a lteration unless it has been approved for return to service by a person authorized under section 43.7 of the same chapter.

Reason for relief: Replacement of props, motors, and batteries should be allowed by the operator. In addition, updating firmware when required should be allowed.

Action: Parts will be genuine factory rep lacement. Only manufacture ap proved firmware will be uploaded.

Section 91.409 (a) (2) prescribes, in pertinen t part, that no person may oper ate an aircraft unless, within the preceding 12 calendar months, it has had an inspection for the issuance of an airworthiness
certificate in accordance wit h part 21 of this chapter.Reason for relief: There is no certified inspectio n facility or process for the P hantom Standard/Professional 3 or bebop 2.0. Estimated flight times fo r photo shoots would be less than 40 minutes possibly 2 times a week which would be approximately 80 minutes of flight time per week.

Action: When any flight or intermittent problem become apparent and is not remedied by a simple repair the entire UAS would be r eplaced by the same model or as close to the DJI Phantom Standard/Professional 3 and Bebop 2.0.

Section 91.417 (a) & (b) prescribes, in pertinent part, that a registered own er or operator shall keep the following records for the period s specified in paragraph (b) of this section:

Reason for relief: Due to the popularity, simplicit y, size and limitation of the Phantom Standard/Professional 3 and Bebop 2.0 this could become an over burden for the owner/operator and any regulating agency.

Action: All photo flights for hire would have the date, time, GPS coor dinates along with the camera metadata recorded and kept onlin e via DropBox. This data would be kept readily available for a period of 1 year after each aerial flight for hire.

Public Interest: Granting my request would be in the public interest by giving an opportunity for real estate, commercial properties a nd golf course photographers to offer safer and more competitively priced aerial photography and vi deography to the general public

.

Adversely affect safety: This exemption would not advers ely affect the safety of the ge neral public due to the size, weight and keeping th e UAS in visual sight. In com parisons to aerial photography from a manned aircraft, low altitude pho tography from a UAS would be s afer and have less of an environmental impact.

Conclusion: The petitioner is requesting this exemption for the purposes o f “aerial photography, cinematography, videography, mapp ing, crop surveying, inspectio ns and other flight operations”.  This will help me grow my business as t he drone marketplace is an em erging market and a growth area for my business as well as many busin esses that will utilize my dro nes.  I want the opportunity to work with in the real estate, golf courses and commercial building owners to offer a new perspective to their clients.  I plan on following fly my UAVs within my visual eye and not within the path of any manned
aircraft.

Sincerely,

Adam Johnston Balius Marketing & web Design
7900 International Drive – 300 Bloomington, MN 55420

952‐346‐9258 ajohnston@baliusmarketing.com