1 September 9, 2015

Attn: U. S. Department of Transpor tation Docket Operations West Building Ground Floor, Room w12-140 1200 New Jersey Ave, SE Washington, DC 20590

RE: GLOBAL INTERNET BUSINESS SOLUTIONS. dba. Cape Cod Drone REQUEST AN EXEMPTION FROM THE R EQUIREMENTS OF TITLE 14 OF THE C ODE OF FEDERAL REGULATIONS SECTIONS 61.113(a) & ( b), 91.7(a), 91.121, 91.151(b), 91.405(a) , 91.407(a)(1), 91.4 09(a)(1) & (a)(2), AND 91.417(a) & (b) CONCERNI NG COMMERCIAL OPERATION OF DJI Phantom 3 UNMANNED AIRCRAFT SYSTEMS PURSUANT TO SECTION 333 OF THE FAA MODERNIZATI ON AND REFORM ACT OF 2012 (PUBLIC LAW 112-95 )

Joseph Aucoin

Owner Global Internet Business Solutions, LLC, dba. Cape Cod Drone
120 Old Freeman ’ s Way
P. O. Box 2342 Brewster, MA 02631 (774) 323-3176 FAX (508) 714-0678 josephmaucoin@gmail.com2 TABLE OF CONTENTS

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

SUMMARY. ......................................................

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

INTRODUCTION AND INTERES TS OF PETITIONER. ..................... ............................. 4

BACKGROUND. ...................................................

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

BASIS FOR PETITION. ........................................... ............................................................ 5

NAME AND ADDRESS OF PETITIONER. ............................... ........................................ 6 Page

THE SPECIFIC SECTIONS OF 14 C.F. R. FROM WHICH GL OBAL INTERNET BUSINESS SOLUTIONS SEEKS EXEMPTION. ........................... .................................... 7

THE EXTENT OF RELIEF GLOBAL IN TERNET BUSINESS SOLUTIONS SEEKS A ND THE REASON GLOBAL INTERNET BUSINESS SOLUTIONS SEEKS THE
RELIEF............... ...............................................

............................................................... . 10

THE REASONS WHY GRANTING GLOBAL INTERNET BUSINESS SOLUTIONS REQUEST WOULD BE IN THE PUBLIC INTEREST .......... ................ ......................... 12

THE REASONS WHY GRANTING THE EXEMPTION TO GLOBAL INTERNET BUSINESS SOLUTIONS WOULD NOT ADVERSELY AFFECT SAFETY. ......... ........ 14

SUMMARY THAT CAN BE PUBLISHED IN THE FEDERAL REGISTER. ........ ......... 25

ANY ADDITIONAL INFORMATION, VIEWS, OR ARGUMENTS AVAILABLE TO SUPPORT GLOBAL IN TERNET BUSINESS SOLUTIONS REQUEST... ........... ......... 25

CONCLUSION. ...................................................

............................................................... .... 25

APPENDICES......................................................................................... 263 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 Federal Aviation Administration FAR Federal Aviation Regulation GCS Ground Control Station GPS Global Positioning System LOL Loss of Link NAS National Airspace System NOTAM Notice to Airman PIC Pilot In Command Section 333 FAA Modernization a nd Reform Act of 2012 (FMRA) SO Safety Observer SOP Standard Operating Procedures UA Unmanned Aircraft UAS Unmanned Aircraft System VFR Visual Flight Rules VLOS Visual Line of Site VMC Visual Meteorological Conditions VTOL Vertical Takeoff and Landing4 SUMMARY

Global Internet Business Solutions, LLC, dba. Cape Cod Drone he reafter referred to as GLOBAL INTERNET BUSINESS SOLUTIONS seeks exemption from the req uirements 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 (DJI Phantom 3) pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (FMRA). This exemption wil l permit GLOBAL
INTERNET BUSINESS SOLUTIONS to operate an Unmanned Aircraft Sys tem (UAS) for the commercial purpose of conducting aer ial video and photography o f construction sites, residential and commercial real estate, civil landscapes and ev ents over certain areas of the United States.

INTRODUCTION AND INTERESTS OF THE PETITIONER

GLOBAL INTERNET BUSINESS SOLUTIONS has for over nineteen years provided their clients (which include private sector businesses and non-profit s, along with local and state agencies) with expertise and knowledge in video and multimedia marketing, advertising, public relations and training using advanced technologies and s olutions. GLOBAL INTERNET BUSINESS SOLUTIONS has worked on thousands of productions over the past 19 years in all types of locations with a perfect client and employee safety re cord. In the past we have supplied our client’s aerial video and photography using commercial airc raft. The objective of GLOBAL INTERNET BUSINESS SOLUTIONS and our Unmanned Aircraft System (D JI Phantom 3) aerial operations is to provide a more affordable, high-quality production system for a variety of governmental, commercial, public , and residential uses, spec ifically targeting

• Construction sites before and after

• Appraisals

• Real-estate marketing

• Economic development

• Civic landmarks

• Special event coverage

• Private and business training

My staff has safely flown small RC electric quadcopters recreat ionally for approximately 2 years without incident.5 BACKGROUND
Unmanned Aircraft Systems: DJI Phantom 3, UAS

GLOBAL INTERNET BUSINESS SOLUTIONS seeks an exemption to operat e DJI Phantom 3 system for compensation or hire within the NAS. The DJI Phantom 3 is vertical takeoff and landing (VTOL) Unmanned Aircraft (UA) with a Ground Control Sta tion (GCS) utilizing electronic tablet or smart phone systems. The DJI Phantom 3 has a maximum gross weight of approximately 2.8 lb. while having a diagonal dimension of 2 3.2”, a maximum speed of approximately 16.4’fps and a maximum flying height of 400'. The DJI Phantom 3 is equipped with four main rotors; driven by L ithium Polymer battery powere d electric motors.

The DJI Phantom 3 that will be o perated by GLOBAL INTERNET BUSI NESS SOLUTIONS 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, GLOBAL INTERNET BUSI NESS SOLUTIONS, pursuant to the provisions of the Federal Aviation Regulations (14 C.F.R. § 11.61) and the FAA Mo dernization and Reform Act of 2012 (FMRA), Section 333, Special Rules for Certain Unmanned Aircraft Systems , hereby petitions the Administrator to commercially operate the DJI Pha ntom 3, UAS in the National Airspace System (NAS), and for an exemption from the requiremen ts 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 operat ing area associated with the unmanned aircraft and its opera tion, GLOBAL INTERNET BUSINESS S OLUTIONS operation of DJI Phantom 3 UAS meets the conditions of FMRA Section 333 a nd therefore, will not require an airworthiness certificate in accordance with 14 C.F. R. Part 21, Subpart H.

Accordingly, GLOBAL INTERNET BU SINESS SOLUTIONS requests relief from Sections 91.405(a), 91.407(a)(1), 91.409(a )(1) & (a)(2), and 91.417(a) & (b), as these sections set forth requirements for maintenance that only apply to aircraft with a n airworthiness certificate.

GLOBAL INTERNET BUSINESS SOLUTIONS submits that the requested r elief is proper since an equivalent level of safety will be ensured. GLOBAL INT ERNET BUSINESS SOLUTIONS will use experienced personnel or technicians to perf orm maintenance, alterations, or preventive maintenance on the UAS using the methods, techniq ues, and practices prescribed in the operating documents (i.e., Monthly Maintenance Log, and DJI Phantom 3 Instruction Manual). Furthermore, GLOBAL IN TERNET BUSINESS SOLUTIONS will d ocument and maintain all maintenance records for the DJI Phantom 3 UAS.

Relief from certain requirements of Section 61.113(a) and (b), entitled Private pilot privileges
and limitations: Pilot in command , is requested by GLOBAL INTERNET BUSINESS SOLUTIONS to the extent necessary to allow a Pilot in Command ( PIC) holding a private pilot6 or higher level certificate, as well as an airman medical certi ficate, and who has demonstrated, by meeting minimum flight- hour and currency requirements, that the PIC is able to safely operate the DJI Phantom UAS in a manner consistent with this ex emption, including evasive and emergency maneuvers and maintaining appropriate distances from people, vessels, vehicles and

structures.

GLOBAL INTERNET BUSINESS SOLUTIONS seeks relief from Section 91 .7(a), entitled Civil aircraft airworthiness , because the DJI Phantom 3 UAS do not require an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H. As such, GLOBAL INTERNET BUSINESS SOLUTIONS submits that they will ensure that the DJI P hantom 3 UAS is in an airworthy condition, prior to every flight, by determining that the UAS are in compliance with the operating documents (i.e., Mo nthly Maintenance Log, and DJI Phantom 3 Instruction Manual), and that the aircraft a re in a condition for safe flig ht.

GLOBAL INTERNET BUSINESS SOLUTIONS also seeks an exemption from the requirements of Section 91.121, entitled Altimeter Settings , as the DJI Phantom 3 UAS will not have a typical barometric altimeter onboard. However, altitude information of the DJI Phantom 3 UAS will be provided to the PIC via Global Positioning System (GPS) equipment and radio communications telemetry data link, which downlinks from the UA to the GCS for active monitoring of the flight path. This altitude information, combi ned with GLOBAL INTERNET BUSINESS SOLUTIONS operation of the DJI Phantom 3 UAS within vi sual line of sight, at or below 400 feet AGL, will ensure a level of safety equivalent to Section 91.121.

Additionally, GLOBAL INTERNET BUSINESS SOLUTIONS seeks an exemp tion from the requirements of Section 91.151(b), entitled Fuel requirements for flight in VFR conditions

. GLOBAL INTERNET BUSINESS SOLUTIONS submits that safety will not be affected by operation of the DJI Phantom 3 UAS during daylight hours in vis ual meteorological conditions (VMC) under visual flight rules (VFR), with enough battery powe r to fly for a total duration of approximately 23 minutes. Battery power indicators are also abl e to show exactly how much battery power is left, as well as how much time is needed to re turn safely back to point of take off.

In accordance with 14 C.F.R. § 11.81, GLOBAL INTERNET BUSINESS SOLUTIONS provides the following information in support of its petition f or exemption:

A. Name And Address Of The Petitioner.

The name and address of the Pe titioner and point of contact is:

Joseph Aucoin, Owner Global Internet Business Solutions, LLC, dba. Cape Cod Drone 120 Old Freeman’s Way
P. O. Box 2342 Brewster, MA 02631 (774) 323-3176 FAX (508) 714-0678 josephmaucoin@gmail.com7 B. The Specific Sections Of 14 C.F.R. From Which GLOBAL INTERNET B USINESS SOLUTIONS Seeks Exemption.

1. GLOBAL INTERNET BUSINESS SOLUTI ONS Seeks Exemption From The Requirements Of Section 61.113(a) And (b).

Section 61.113, entitled Private pilot privileges and limitatio ns: Pilot in command

, subsections (a) and (b) prescr ibe the following, in relevant pa rt:
(a) No person who holds a private pilot certificate may act as a pi lot in command (PIC) of an aircraft that is c arrying passengers or property fo r compensation or hire; nor may that person, for compens ation 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 busine ss or employment if—

(1) The flight is only incidental t o that business or employment; a nd

(2) The aircraft does not carry pa ssengers or property for compensa tion or hire.

2. GLOBAL INTERNET BUSINESS SOLUTI ONS Seeks Exemption From The Requirements Of Section 91.7(a).

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

(a) No person may operate a civ il aircraft unless it is in an a irworthy condition.

3. GLOBAL INTERNET BUSINESS SOLUTI ONS Seeks Exemption From The Requirements Of Section 91.121.
Section 91.121, entitled Altimeter settings, subsection (a), st ates the following, in part:

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

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

(i) The current reported altimeter setting of a station along the r oute and within 100 nautical mile s of the aircraft;

(ii) If there is no station within the area prescribed in paragraph (a)(1)(i) of this section, the current reporte d altimeter setting of an appr opriate available station; or

(iii) In the case of an aircraft not equipped with a radio, the eleva tion of the departure airport or an appropri ate altimeter setting available before departure.8 4. GLOBAL INTERNET BUSINESS SOLUTI ONS Seeks Exemption From The Requirements Of Section 91.151(b).

Section 91.151, entitled Fuel requirements for flight in VFR conditions , subsection

(b), states the following:

(b) No person may begin a flight in a rotorcraft under VFR conditions unless (considering wind and forecast weather condi tions) there is enough fu el to fly to the first point of intended landing and, assuming no rmal cruising speed, to fly after that for at least 20 minutes.

5. GLOBAL INTERNET BUSINESS SOLUTI ONS Seeks Exemption From The Requirement Of Section 91.405(a).

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

(a) Shall have that aircraft inspected as prescribed in subpart E o f this part and shall between required inspections, exce pt as provided in paragraph ( c) of this section, have discrepancies repaired as prescribed in part 43 of this ch apter[.]

6. GLOBAL INTERNET BUSINESS SOLUTI ONS Seeks Exemption From The Requirements Of Section 91.407(a)(1)

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

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

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

7. GLOBAL INTERNET BUSINESS SOLUTI ONS 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 preced ing 12 calendar months, it ha s had --

(1) An annual inspection in accordance with part 43 of this chapter and has been approved for return to servi ce 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.9 8. GLOBAL INTERNET BUSINESS SOLUTI ONS 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 91.4 13, each registered owner or operator shall keep the following records f or the periods specified in paragraph (b) of this section:

(1) Records of the maintenance, preventive maintenance, and alterat ion and records of the 100-hour, annual, progressive, and other require d or approved inspections, as appropriate, for each aircraft (including the a irframe) and each engine, propeller, rotor, and appl iance of an aircraft. The rec ords must include--

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

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

(iii) The signature, and ce rtificate number of t he person approving t he aircraft for return to service.

(2) Records containing the following information:

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

(ii) The current status of life-limited parts of each airframe, engi ne, propeller, rotor, and appliance.

(iii) The time since last overhaul of all items installed on the airc raft which are required to be overhauled on aspecified time basis.

(iv) The current inspection status of the aircraft, including the ti me 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 A D or safety directive number and revision date . If the AD or safety directi ve involves recurring action, the time and da te when the next action is req uired.

(vi) Copies of the forms prescribed by § 43.9(d) of this chapter for each major alteration to the airframe and currently installed engine s, rotors, propellers, and appliances.10 (b) The owner or operator shall reta in the following records for th e 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 a ircraft at the time the aircraft is sold.

(3) A list of defects furnished to a registered owner or operator u nder § 43.11 of this chapter shall be retained until the defects are repaired a nd the aircraft is approved for return to service.

C. The Extent Of Relief GLOBAL INTERNET BUSINESS SOLUTIONS Seeks A nd The Reason GLOBAL INTERNET BUSINE SS SOLUTIONS Seeks The Relief.

1. Extent Of Relief GLOBAL INTERNET BUSINESS SOLUTIONS Seeks And T he Reason GLOBAL INTERNET BUSINESS SOLUTIONS Seeks Relief From Sec tion 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 nec essary to allow a PIC holding a private pilot or higher level certificate, as well as a current and valid airman medica l certificate, and who has met certain flight-hour and currency requirements, to conduct the p roposed UAS flight operations for compensation or hire.

This relief is requested since the limitations set forth in Sec tion 61.113(a) and (b) state that a private pilot may, for compensation or hire, act as PIC of an a ircraft 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 p assengers or property for comp ensation or hire.

As set forth more fully below, GLOBAL INTERNET BUSINESS SOLUTIO NS submits that an equivalent level of safety will be maintained because no PIC wi ll be allowed to operate the DJI Phantom 3 UAS unless that PIC has met certain flight-hour a nd currency requirements, demonstrating that the PIC is able to safely operate either the DJI Phantom 3 UAS in a manner consistent with the operations specifications as describ ed in this exemption, including evasive and emergency maneuvers, as well as maintaining appropr iate distances from people, vessels, vehicles and structures.

Further, GLOBAL INTERNET BUSINE SS SOLUTIONS submits that all fl ights of the DJI Phantom 3 UAS, conducted by the PIC pursuant to the grant of th is Petition: (1) will be incidental to GLOBAL INTERNET BUSINESS SOLUTIONS business; and (2) will not carry passengers or property for compensation or hire.11 2. Extent Of Relief GLOBAL INTERNET BUSINESS SOLUTIONS Seeks And T he Reason GLOBAL INTERNET BUSINESS SOLUTIONS Seeks Relief From Sec tion 91.7(a).

Relief from Section 91.7(a) entitled Civil aircraft airworthiness , is requested to the extent required to allow GLOBAL INTERNET BUSINESS SOLUTIONS to determi ne that the DJI Phantom 3 UAS are in airworthy condition prior to every flight by ensuring that the UAS is in compliance with the operating documents (i.e., GLOBAL INTERN ET BUSINESS SOLUTIONS Aerial Operations Manual, Monthly Maintenance Log, an d DJI Phantom 3 Instruction Manual).

GLOBAL INTERNET BUSINESS SOLUTIONS seeks the requested relief b ecause the DJI Phantom 3 UAS do not require an airworthiness certificate in ac cordance with 14 C.F.R. Part 21, Subpart H. Therefore, GLOBAL INTERNET BUSINESS SOLUTIONS will e nsure that the DJI Phantom 3 UAS are in airworthy condition based upon its complia nce with the operating documents (i.e., Monthly Maintenance Log, and DJI Phantom 3) pr ior 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 GLOBAL INTERNET BUSINESS SOLUTIONS Seeks And T he Reason GLOBAL INTERNET BUSINESS SOLUTIONS Seeks Relief From Sec tion 91.121.
Relief from Section 91.121, entitled Altimeter settings, may be required to allow flight operations of the DJI Phantom 3 UAS, which utilize a barometric pressure sensor, GPS equipment, and a radio communications telemetry data link to do wnlink altitude information from the UA to the PIC at the ground control station (GCS). Sin ce the FAA requires that any altitude information concerning UAS operations be reported to a ir traffic control (ATC) in feet above ground level (AGL), GLOBA L INTERNET BUSINESS SOLUTIONS se eks the requested relief because the DJI Phantom 3 UA’s altimeter may b e set on the ground to zero feet AGL, rather than the local barometric pressure or field al titude, before each flight.

Considering the limited altitude of the proposed operations, re lief from 14 CFR 91.121 is sought to the extent necessary to comp ly with the applicable condition s and limitations stated below. As more fully set forth herein, an equivalent level of safety will be maintained since the DJI Phantom 3 UAS are equipped with a barometric pressure sensor an d GPS equipment, which automatically ensures that a ground level pressure setting will be established prior to each flight, and provides the PIC with altit ude information of the UA on the heads-up display of the GCS.

4. Extent Of Relief GLOBAL INTERNET BUSINESS SOLUTIONS Seeks And T he Reason GLOBAL INTERNET BUSINESS SOLUTIONS Seeks Relief From Sec tion 91.151(b).

Relief from Section 91.151(b) entitled Fuel requirements for fl ight in VFR conditions, is12 requested to the extent required to allow flights of the batter y powered DJI Phantom 3 UAS during daylight hours in visual meteorological conditions (VMC) , under visual flight rules (VFR), for a total duration of 23 minutes. GLOBAL INTERNET BUSI NESS SOLUTIONS seeks the requested relief because without an exemption from Se ction 91.151(b), the flight time duration of the battery powered DJI Phantom 3 UAS will severely constrain the p racticality of any aerial video or still photo flight operations t hat GLOBAL INTERNET BUSINESS SOLUTIONS proposes to conduct pursuant to this Petition.

Significantly, as set forth below, the technical specifications of the DJI Phantom 3 UAS, the DJI Phantom 3 operating documents, and GLOBAL INTERNET BUSINESS SOL UTIONS proposed operating limitations, ensure that GLOBAL INTERNET BUSINESS SOL UTIONS will safely operate the battery powered DJI P hantom 3 UAS during daylight h ours in visual meteorological conditions (VMC), under visual flight rules (VFR ), with enough battery power to fly for a total du ration of 23 minutes.

5. Extent Of Relief GLOBAL INTERNET BUSINESS SOLUTIONS Seeks And T he Reason GLOBAL INTERNET BUSINESS SOLUTIONS Seeks Relief From Sec tions 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 ce rtificate, GLOBAL INTERNET BUS INESS SOLUTIONS requests relief from these Sections because the DJI Phantom 3 U AS do not require airworthiness certificates. As set forth more fully below, the DJI Phantom 3 UAS meet the conditions of FMRA Section 333 fo r operation without an airwort hiness certificate. Accordingly, GLOBAL INTERNET BU SINESS SOLUTIONS will use traine d technicians to perform maintenance, alterations, or preventive maintenance on the UAS using the methods, techniques, and practices prescribed in the UAS operating docum ents (i.e., the GLOBAL INTERNET BUSINESS SOLUTIONS Aerial Operations Manual, Monthly M aintenance Log, and DJI Phantom 3 Instruction Manual). Furthermore, GLOBAL INTE RNET BUSINESS SOLUTIONS will document and maintain all maintenance records fo r the DJI Phantom 3 UAS.

D. The Reasons Why Granting GLOBAL INTERNET BUSINESS SOLUTIONS Req uest Would Be In The Public Interest; Th at Is, How It Would Benefit The Public As A Whole.

Granting the present Petition will further the public interest by allowing GLOBAL INTERNET BUSINESS SOLUTIONS to safely, efficiently, and economi cally perform aerial video and photography of construc tion sites, real estate, event s and civic landscape over certain areas of the United States.

Additionally, use of the DJI Pha ntom 3 UAS will decrease conges tion of the NAS, reduce pollution, and provide significan t benefits to the economy. Not ably, the benefits of GLOBAL INTERNET BUSINESS SOLUTIONS proposed operation of the DJI Phant om 3 UAS will be realized without implic ating any privacy issues.13 1. The Public Will Benefit From Decreased Congestion Of The NAS.
The DJI Phantom 3 UAS are battery powered and serve as a safe, efficient, and economical alternative to the manned aircraft traditionally utilized to ob tain aerial imagery. By reducing the amount of manned aircraft needed to perform aerial acquisitions , an exemption allowing the use of a DJI Phantom 3 UAS would reduce the amount of manned aircra ft in the NAS, reduce noise and air pollution, as well as incr ease the safety of life and p roperty in the air and on the ground.

Furthermore, by reducing the num ber of manned aircraft operatin g in the NAS, congestion around airports caused by arriving and departing aircraft will be reduced. The DJI Phantom 3 UAS do not require an airport to takeoff or land. Likewise, a r eduction of manned aircraft conducting aerial video and photography missions would result i n fewer aircraft that must be handled by air traffic control during the ground, takeoff, depa rture, arrival, and landing phases of flight operations.

2. The Public Will Benefit From The Safety And Efficiency Of The D JI Phantom 3 UAS.

Conducting aerial acquisitions with the DJI Phantom 3 UAS, inst ead of manned aircraft, will greatly benefit the public by drastically reducing the levels o f air and noise pollution generated during traditional aerial video and still photography flight op erations. By using battery power and electric motors, the DJI Phantom 3 UAS produce no air pollu tion, and is the most viable environmentally conscious alternative to the cabin class, six c ylinder internal combustion engine aircraft that are typically util ized for aerial video and photo graphy, while burning approximately 20-30 gallons per hour of leaded aviation fuel. The DJI 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 com bustion engine.

By using the DJI Phantom 3 UAS to perform aerial acquisitions, the substantial risk to life and property in the air and on the g round, which is usually associa ted 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 Phant om 3 UAS (weighing approximately 2.8 pounds at their maximum gross weight with dia gonal dimension of 23.2 inches, and with no fuel on boa rd), 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 Phot ography Operations With The DJI Phantom 3 UAS Will Benefit The Economy.

In addition to being safe and efficient, the DJI Phantom 3 UAS are also an economical alternative to using manned airc raft to conduct similar aerial operations. As such, operation of the DJI Phantom 3 UAS will allow United States based companies, like GLOBAL INTERNET BUSINESS SOLUTIONS, to remain competitive and contribu te to growth of the U.S. economy. Specifically, with the rising cost of aviation fu el and the Environmental Protection Agency (“EPA”) regul atory actions phasing out leaded aviation fuels, U.S. owned14 and operated companies must adopt new and alternative technolog y in order to remain competitive. Operating the battery powered DJI Phantom 3 UAS is one such technology that not only allows companies greater operational flexibility compa red to manned aircraft, but provides such flexibility wit hout the high operational cost of a traditional manned aircraft.

By operating the DJI Phantom 3 UAS, companies such as GLOBAL IN TERNET BUSINESS SOLUTIONS, 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 comme rcial use of the DJI Phantom 3 UAS, provides a stable workforce that increases consumer spen ding; improves local, state, and federal tax revenues; and allows companies to invest in researc h 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 ac quisition flight operations that have been conducted for decades,
GLOBAL INTERNET BUSINESS SOLUT IONS proposed operation of the DJ I Phantom 3 UAS will not implicate any privacy issues. Specifically, the DJI Ph antom 3 UAS will be operated only in compliance with operating documents (i.e., GLOBAL INTER NET BUSINESS SOLUTIONS Aerial Operations Ma nual, Monthly Maintenance Log, an d DJI Phantom 3 Instruction Manual) which requi res property owner involvement a s well as local law enforcement notification, and in accordance with the Federal Aviation Regulations, including the minimum alt itude requirements of 14 C.F.R. § 91.119.

E. The Reasons Why Granting The Exemption Would Not Adversely Affe ct Safety, Or How The Exemption Would Provide A Level Of Safety At Least Equa l To That Provided By The Rule From Which GLOBAL INTERNET BUSINESS SOLUTIONS Seeks Exemption.

1. Reasons Why The DJI Phantom 3 UAS Meet The Conditions Of The FA A Modernization and Reform Act of 2012 (FMRA) Section 333.

In consideration of the size, w eight, speed, and limited operat ing area associated with the unmanned aircraft and its operati on, GLOBAL INTERNET BUSINESS S OLUTIONS operation of the DJI Phantom 3 UAS meet the conditions of FMRA Section 33 3, 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 air worthiness certification and sets forth requirements for consider ing whether a UAS will create a hazard to users of the NAS or the public, or otherwise pose a threat to national security. Specif ically, FMRA Section 333 states the following, in part:15 (a) In General.--Notwithstanding any other requ irement 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 aircra ft systems may opera te safely in the national airspace system before completion of the plan and rule making required by section 332 of this Act or the guidance required by section 334 of this Act. (b) Assessment of Unmanned Aircraft System s.--In making the determination under subsection (a), the Secretary s hall 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 th e public or pose a threat to national security; and

(2) whether a certificate of waiver, certificate of au thorization, or airworthiness certification under secti on 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 S ecretary determines under this section that certain unmanned aircraft systems may operate safely in the national airspace system, the Secretary shall establish requirements for th e safe operation of such aircraft systems in the national airspace system.

In seeking this exemption, GLOBAL INTERNET BUSINESS SOLUTIONS s ubmits that the DJI Phantom 3 UAS can operate safely in the NAS pursuant to FMR A Section 333, as demonstrated by: (a) the charact eristics of the DJI Phantom 3 U AS; (b) the pilot certification requirement; and (c) the specific operating limitations.

a. The Specifications Of The DJI P hantom 3 UAS Demonstrate Its Saf e Characteristics.

The DJI Phantom 3 UAS does not create a hazard to users of the NAS or the public, or otherwise pose a threat to national securi ty considering its size, weight , speed, and operational capability.

i. Technical Specifications Of The DJI Phantom 3 UAS.

The technical specifications of the DJI Phantom 3 UAS are set f orth by the DJI Phantom 3 User Manual, attached hereto as Appendix A.

ii. The DJI Phantom 3 UAS Global Positioning Modes Enable The UAS T o Remain Within A Defined Operational Area.

The DJI Phantom 3 UAS may be operated in both manual and global positioning flight modes. A complete description of the flight and navigational modes of th e DJI Phantom 3 UAS is provided at pages 11 of the DJI Phantom 3 U ser Manual attached hereto as Appendix A.

iii. The DJI Phantom 3 UAS Are Designed For Automatic Return To Home Point16 Or Hover In The Event Of Loss Of The Control Link Or Navigation

. When the Control Link is lost, the DJI Phantom 3 UAS will remai n stationary, in flight, for 3 seconds or more. If, after 3 seconds, the DJI Phantom 3 UAS doe s not reacquire control link data from the GCS, the UAS will assume that the Control Link is lost and the will return to the home position (i.e., failsafe mode) via GPS, and will descend to the takeoff position and shutdown.

A complete description of the Failsafe Functions of the DJI Pha ntom 3 UAS are set forth at pages 12 through 14 of the DJI Phant om 3 User Manual, attached hereto as Appendix A.

iv. The DJI Phantom 3 GCS And Its Operation.

A complete description of the operation and specifications of t he DJI Phantom 3 GCS and flight control software is provided a t pages 23 through 29 of the DJI Phantom 3 User Manual. DJI Phantom 3 User Manual is atta ched hereto as Appendix A.

b. Flight Operations Of DJI Phantom 3 UAS Is Limited To The Line O f Sight Of A Certificated Pilot in Comma nd With A Safety Observer.
GLOBAL INTERNET BUSINESS SOLUTIONS video production staff will be the only persons to act as a pilot in command (PIC) of the DJI Phantom 3 UAS. Ad ditionally, a safety observer will assist him at all times during flight time.

c. Flights Of DJI Phantom 3 UAS Will Be Conducted Pursuant To Spec ific Operating Limitations.

In seeking this exemption, GLOBAL INTERNET BUSINESS SOLUTIONS p roposes to commercially operate DJI Phantom 3 UAS for the special purpose of conducting aerial video and photography over certain areas of United States, pursuant t o the following specific operating limitations.

1. Operations authorized by this grant of exemption will be limite d to the following aircraft described in the operating documents, rotorcraft UAS w eighing less than 55 pounds maximum gross weight: DJI Phantom 3 Unmanned Aircraft Sy stems. 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 conducti ng operations for the purpose of aerial video and photography.

3. The UAS may not be flown at an i ndicated 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 operatin g documents unless a special request is made and approved by ATC. All altitudes repo rted to ATC must be in feet AGL.

5. The UAS must be operated within v isual line of sight (VLOS) of the PIC at all times. This requires the PIC to be able to use human vision una ided by any device other than corrective lenses, as specified on the PIC’s FAA-iss ued airman medical17 certificate.

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

7. All operations must utilize a safety observer (SO). The SO may be used to satisfy the VLOS requirement as long as the PIC always maintains VLOS capab ility. The SO and PIC must be able to communicate verbally at all times. Electron ic messaging or texting is not permitted during flight operations. The PIC must be desi gnated 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 othe r duties beyond assisting the P IC with seeing and avoiding other air traffic and other ground based obstacles/obs tructions and is not permitted to operate the camera or other instruments.

9. The operating documents and the gr ant of exemption must be acce ssible during UAS operations and made available to the Administrator upon req uest. If a discrepancy exists between the conditions and limitations conta ined in the grant of exemption and the procedures outlined in the operating document s, the conditions and limitations contained in the grant of exemption take precedence and must be followed. Otherwise, the operator must fo llow the procedures as outlined in its operating documents. The operator may update or revise its operating documents. It i s the operator’s responsibility to track such re visions and present updated and revised documents to the Administrator upon request. The operator must also present upda ted and revised documents if it petitions for extension or amendment to the gra nt of exemption. If the operator determines that any update or revision would affec t the basis upon which the FAA granted the exemption, then the operator must petition for amendment to its grant of exemption. The FAA’s UA S Integration Office (AFS-80) m ay be contacted if questions arise regarding update s or revisions to the operating documents.

10. Prior to each flight the PIC must inspect the UAS to ensure tha t it is in a condition for safe flight. If the inspection re veals a condition that affects the safe operation of the UAS, the aircraft is prohibited from operating until the necess ary maintenance has been performed and the UAS is found to be in a condition for safe fl ight. The Ground Control Station must be included in the preflight inspection. All maint enance and alterations must be properly documented i n the aircra ft records.

11. Any UAS that has undergone maint enance or alterations that affe ct the UAS operation or flight characteristi cs, e.g. replacement of a flig ht critical component, must undergo a functional test f light. 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 discre pancies, e.g. inoperable components, items, or equipment, not already covered in the rel evant sections of the operating documents.

13. The operator must follow the UAS manufacturer’s aircraft/compon ent,18 maintenance, overhaul, replacement, inspection, and life limit requirements.

14. The operator must carry out its maintenance, inspections, and r ecord keeping requirements, in accordance with the operating documents. Maint enance, 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 pers on returning the UAS to service

.
15. Each UAS operated under this exemption must comply with all man ufacturer Safety Bulletins.

16. The authorized person must make an entry in the aircraft record of the corrective action taken against discrepanc ies discovered between inspectio ns.

17. The PIC must possess at least a private pilot certificate and a t least a current thirdclass medical certificate.

18. The operator may not permit any PIC to operate unless the PIC m eets the operator’s qualification criteria and demonstrates the ability to safely o perate the UAS in a manner consistent with how the UAS will be operated under the exemptio n, including evasive and emergency maneuvers and maintaining appropriate distances f rom persons, vessels, vehicles and structures. PIC qua lification 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 term s of the exemption. However, t raining operations may only be conducted during dedicated training sessions. During tr aining, proficiency, and experience-building flights, all persons not essential for flig ht operations are considered nonparticipants, and the PIC must operate the UA with appropria te distance from nonparticipants in accordance with 14 C.F.R. § 91.119.

19. UAS operations may not be conducted during night, as defined in 14 C.F.R. § 1.1. All operations must be conducted under visual meteorological condit ions (VMC). If flight at night is required, a special request will be made at the FAA of fice closest to proposed area of operations. Flights under sp ecial visual flight rules ( SVFR) are not authorized.

20. The UA may not operate within 5 n autical miles of an airport re ference 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 i s conducted in accordance with a NOTAM as required by the operator’s COA. The letter of a greement with the airport management must be made available to the Administrator upon request.

21. The UA may not be operated less than 500 feet below or less tha n 2,000 feet horizontally from a cloud or whe n visibility is less than 3 sta tute miles from the PIC.

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

23. The PIC must abort the flight in the event of unpredicted obsta cles or emergencies in19 accordance with the operating documents.

24. The PIC is prohibited from begi nning a flight unless (consideri ng wind and forecast weather conditions) there is enough power to fly at normal crui sing speed to the intended landing point and land the UA w ith 25% battery power remaining.

25. The operator must obtain an Air Traffic Organization (ATO) issu ed Certificate of Waiver or Authorization (COA) p rior to conducting any operation s 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.

26. 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 ha ve identification (NNumber) markings in accordance with 14 C.F.R. part 45, Subpart C. Markings must be as large as practicable.

27. Before conducting operations, the radio frequency spectrum used for operation and control of the UA must comply with the Federal Communications C ommission (FCC) or other appropriate government ove rsight agency requirements.

28. The documents required fewer than 14 C.F.R. 91.9 and 91.203 mus t be available to the PIC at the Ground Control Station of the UAS any time the U AS is operating. These documents must be made available to the Administrator or any la w enforcement official upon request.

29. The UA must remain clear and yield the right of way to all mann ed aviation operations and activit ies at all times.

30. The UAS may not be operated by the PIC from any moving device o r vehicle.

31. Flight operations must be conducted at least 500 feet from all nonparticipating persons (persons other than the PIC, SO, operator trainees or e ssential persons), vessels, vehicles, and structures unless:

a. Barriers or structures are present that sufficiently protect no nparticipating persons from the UA and/or debris in the event of an accident. The operator must ensure that nonparticipating persons remain under such pro tection. If a situation arises where nonparticip ating persons leave such prot ection and are within 500 feet of the UA, flight operations must cease immedia tely and/or;

b. The aircraft is operated near vessels, vehicles or structures w here the owner/controller of such vessels, vehicles or structures has gr anted permission and the PIC has made a safety assessment of the risk of operating c loser to those objects and determined that it does not present an undue hazard , and;

c. Operations nearer to the PIC, SO, operator trainees or essentia l persons do not present an undue hazard to those persons per § 91.119(a).20 32. All operations shall be conducted over private or controlled-ac cess property with permission from the land owner/controller or authorized represe ntative. Permission from land owner/controller or authorized representative will be obtained for each flight to be conducted.

33. Any incident, accident, or flight operation that transgresses t he 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. A ccidents must be reported to the National Transpor tation Safety Board (NTSB) per instructions contained on the NTSB Web site: www.ntsb.gov.

2. Reasons Why An Exemption From The Requirements Of Section 61.11 3(a) And (b)
Would Not Adversel y Affect Safety.

GLOBAL INTERNET BUSINESS SOLUTION S submits that the equivalent level of safety established by Section 61.113(a) and (b) will be maintained bec ause no PIC will be allowed to operate the DJI Phantom 3 UAS unless that PIC has demonstrated, by meeting minimum flighthour and currency requirements, tha t the PIC is able to safely operate the DJI Phantom 3 UAS in a manner consistent with the exemption, including evasive and e mergency maneuvers and maintaining appropriate distan ces from people , vessels, vehicle s and structures.

Considering GLOBAL INTERNET BUSINESS SOLUTIONS proposed area of operations, and the operating limitations set f orth-above; the parallel nat ure of private pilot aeronautical knowledge requirements to those of commercial pilot requirement s (See Exemption No. 11062); and the airmanship skills necessary to safely operate t he DJI Phantom 3 UAS, GLOBAL INTERNET BUSINESS SOLUTIONS submits that the additional manned airmanship experience of a commercially certificated pilot woul d not correlate to the airmanship skills necessary for GLOBAL INTERNET BUSINESS SOLUTI ONS specific proposed flight operations.

The FAA has previously granted relief from Section 61.113(a) an d (b) specific to UAS, in circumstances similar, in all material respects, to those prese nted herein (e.g. Exemption Nos. 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110, 11112, 11136, 11138, 11150, 11153, 11156, 11158, 11159, 11160, 11161).

GLOBAL INTERNET BUSINESS SOLUTIONS will not allow any PIC to op erate the DJI Phantom 3 UAS unless that PIC has demonstrated, by meeting mini mum flight-hour requirements or the DJI Phantom 3 UAS training and currency req uirements, that the PIC is able to safely operate the DJI Phantom 3 UAS in a manner consistent with this exemption, including evasive and emergency maneuvers and maintaining appropriate dis tances from people, vessels, vehicles and structures.

Specifically, the PIC must hav e accumulated and logged, in a ma nner consistent with 14 C.F.R. § 61.51(b), 25 hours of total time as a UAS rotorcraft pilot (wit h a minimum of 5 hours of those21 hours as a UAS pilot operating the same make and model of UAS t o be used for operations under the exemption). In addition to the hour requirements, the PIC m ust 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 appli cable regulations will ensure an equivalent level of safety during GLOBAL INTERNET BUSINESS SOLUTIONS proposed operations. The Administrator has held that pr ior documented flight experience that was obtained in compliance with applicable regulations woul d ensure safe operations, stati ng as follows:

In Exemption No. 11062, the FAA required that prior to conducti ng 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 hou rs of total time as a UAS rotorcraft pilot including at least 10 hours logged as a UA S pilot with a multi-rotor UAS. Prior to operations under Exemption No. 11062, the PIC mus t also have accumulated and logged a minimum of 5 hours as a UAS pilot oper ating 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 r ather 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 rotorcraf t time. In addition to the hour requirements, the PIC must accomplish 3 takeoffs and landi ngs 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 petit ioner’s propose d operations. The FAA also finds that prior documented flight experience that was obtained in compliance with applicable regulations would satisfy this requirement. Training , proficiency, and experience-building flights can also be conducted under the gra nt of exemption to accomplish the required flight tim e. During training, proficien cy, 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, GLOBAL INTERNET BU SINESS SOLUTIONS will ensure saf e operations by not allowing any PIC to operate t he DJI Phantom 3 UAS unless th at PIC has demonstrated, by meeting minimum flight-hour and currency requirements, that the PIC is able to safely operate the DJI Phantom 3 UAS in a manner consistent with the e xemption, including evasive and emergency maneuvers and maintaining appropriate distances f rom people, vessels, vehicles and structures.

3. Reasons Why An Exemption From The Requirements Of Section 91.7( a) Would Not Adversely Affect Safety.22 The equivalent level of safety established by Section 91.7(a) w ill be maintained because prior to every flight, GLOBAL INTERNET BUSINESS SOLUTIONS will ensure th at the DJI Phantom 3 UAS is in an airworthy condition based upon the UAS’s compliance with its operating documents and as state d in the condit ions and limitat ions herein.

Additionally, the FAA has previously granted relief from Sectio n 91.7(a) specific to UAS, in circumstances similar, in all material respects, to those prese nted 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 91.12 1 Would Not Adversely Affect Safety.

The equivalent level of safety established by Section 91.121 wi ll be maintained because the altitude information of the DJI Phantom 3 UAS will be provided to the PIC via GPS equipment and a radio communications telemetry data link, which downlinks from the UA to the GCS for active monitoring of the flight p ath and altitude. This altitud e information, combined with GLOBAL INTERNET BUSINESS SOLUTIONS operation of the DJI Phantom 3 UAS within visual line of sight, at or below 500 feet AGL, will ensure a l evel of safety equivalent to Section 91.121. The altitude information will be generated by G PS equipment installed onboard the aircraft. Prior to each flight, a zero altitude ini tiation point is automatically established by the UAS at ground level.

The FAA has previously granted relief from Section 91.121 speci fic 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 91.15 1(b) Would Not Adversely Affect Safety.

A grant of this exemption would ensure an equivalent level of s afety established by 14 C.F.R. Section 91.151(b) as a result of ( 1) the technical specificatio ns of the DJI Phantom 3 UAS; (2) the limitations on the proposed flight operations; and (3) the location of the proposed flight operations. Accordingly, GLOBAL INTERNET BUSINESS SOLUTIONS wil l ensure that it will safely operate the battery powered DJI Phantom 3 UAS durin g daylight hours in VFR conditions, with enough battery po wer to fly for a total durati on of 23 minutes.

Here, as in Exemption No. 11109, the technical specifications o f the DJI Phantom 3 UAS; the limitations on the proposed flight operations; and the location of the proposed operations, will ensure an equivalent level of safety established by 14 C.F.R. S ection 91.151(b). Furthermore, safety will be ensured as the DJI Phantom 3 UAS provide audible and visual warnings to the PIC at the GCS when the UAS experiences low battery voltage, the fi rst warning occurring at approximately 33% remaining batte ry power, and again at approxi mately 10% remaining battery23 power. At the critically low batte ry level, the DJI Phantom 3 U AS will descend and land automatically.

Significantly, previous exemptions granted by the FAA concernin g Section 91.151 establish that safety is not adversely affected when the technical characteris tics 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 prese nted herein (e.g. Exemption Nos. 8811, 10808, 10673, 11042, 11062, 11063, 11064, 11065, 11066, 1 1067, 11080, 11109, 11110, 11136, 11138, 11150, 11153, 11156, 11157, 11158, 11159, 11160, 11161).

6. Reasons Why An Exemption From The Requirements O f 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, GLOBAL INTERNET BUSINESS SOLUTIONS s ubmits that the equivalent level of safety with regard to the regulatory mainte nance 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 GLOBAL INTERNET BUSINESS SOLUTIONS will use trai ned technicians to perform maintenance, alterations , or preventive maintenance on the UAS using the methods, techniques, and practices pres cribed in the operating documents (i.e., GLOBAL INTERNET BUSINESS SOLUTIONS Aerial Opera tions Manual, Monthly Maintenanc e Log, and DJI Phantom 3 Instruction Manual). Furthermore, GLOBAL INTERNET BUS INESS SOLUTIONS will document and maintain all maintenance records for the DJI Phantom 3 UAS.

Since the DJI Phantom 3 UAS will be inspected as prescribed by the operating documents, GLOBAL INTERNET BUSINESS SOLUTIONS will maintain the equivalent level of safety established by Sections 91.405( a), 91.409(a)(1), and 91.409(a)( 2). A copy of the DJI Phantom 3 User Manuals are attached hereto as Appendix A and B; a copy of the DJI Phantom 3 UAS Maintenance LOG is attached hereto as Appendix C.

Likewise, the exemption sought will not adversely affect safety because GLOBAL INTERNET BUSINESS SOLUTIONS will use trained technicians to per form maintenance, alterations or preventive maintenance on the UAS using the meth ods, 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 maintenan ce of the DJI Phantom 3 UAS will be performed by trained technicians. Maintenance will be d ocumented and maintained utilizing the monthl y maintenance log.

Significantly, previous exemptions granted by the FAA concernin g Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b) establ ish that safety is not adversely affected when the technical cha racteristics and operating limit ations of the UAS are considered.24 In consideration of GLOBAL INTER NET BUSINESS SOLUTIONS proposed operating limitations, the operating documents , and the technical aspects of the DJI Phantom 3 UAS, GLOBAL INTERNET BUSINESS SOLUTIONS submits that safety will not be adversely affected by granting exemption from 14 C.F.R. Sections 91.405(a ), 91.407(a)(1) and (a)(2), 91.409(a)(2), and 91.417(a) and (b). The FAA has previously gra nted relief specific to UAS in circumstances similar, in all material respects, to those prese nted herein (e.g. Exemption Nos. 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11 110, 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 Ref orm Act of 2012 (FMRA) and 14 C.F.R. § 21.16 entitled Special Conditions, GLOBAL INTER NET BUSINESS SOLUTIONS requests that the FAA prescribe special conditions fo r the intended operation of the DJI Phantom 3 UAS, which contain such safety standards t hat the Administrator finds necessary to establish a level of safety equivalent to that est ablished 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 hir e. FMRA Section 333 sets forth the requirements for considering whether a UAS will create a ha zard to users of the NAS or the public, or otherwise pose a threat to national security; and fu rther, provides the authority for such UAS to operate without airworthin ess certification in accordanc e with any requirements that must be established for the safe operation of the UAS in the NA S.

Likewise, the Administrator may prescribe special c onditions pursuant to 14 C.F.R. § 21.16, for operation of the DJI Phantom 3 UAS, since the airw orthiness regulations of 14
C.F.R. Part 21 do not contain adequate o r appropriate safety standards , due to the novel or unusual design features of the aircraft. Section 21.16, entitle d Special Conditions, states the following:

If the FAA finds that the airworthiness regulations of this sub chapter do not contain adequate or appropriate safety standards for an aircraft, aircr aft engine, or propeller because of a novel or unusual design feature of the aircraft, a ircraft engine or propeller, he prescribes special conditions a nd amendments thereto for the product. The special conditions are issued in accordance with Part 11 of this chapte r and contain such safety standards for the aircraft, aircraft engine or propeller as the FAA finds necessary to establish a level of safety equi valent to that established in t he 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 G lobal Internet Business Solut ions intended operation of the DJI Phantom 3 UAS, which contain such safety standards that the Adm inistrator finds necessary to establish a level of safety equivalent to that established by 1 4 C.F.R. Part 21, Subpart H, and 14 C.F.R Sections25 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 Summary That Can Be Published In The Federal Register, stating: The Rules From Which GL OBAL INTERNET BUSINESS SOLUTION S Seeks Exemption:

GLOBAL INTERNET BUSINESS SOLU TIONS seeks exemption from the requirements of 14 C.F.R Sec tions 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 Natu re Of The Exemption GLOBAL INTER NET BUSINESS SOLUTIONS Seeks:

This exemption will permit GLOBAL INTERNET BUSINESS SOLUTIONS to commercially operate an Unmanned Aircra ft System (UAS) for the purpose of conducting aerial video and phot ography over certain areas of the United States.

• Any Additional Information, Views, Or Arguments Available To Support GLOBAL INTERNET BUSI NESS SOLUTIONS Request.

This Petition is made pursuant t o the FAA Modernization and Ref orm Act of 2012

(FMRA) Section 333, which directs the Secretary of Transportati on to determine if certain UAS may operate safely in the NAS. As such, GLOBAL INTE RNET BUSINESS SOLUTIONS request for exemption may be granted pursuan t to the authority of FMRA Section 333 and 14 C.F.R. Part 11, as set for th above.

FMRA Section 333 sets forth the requirements for considering wh ether a UAS will create a hazard to users of the NAS or the public, or otherwise pose a threat to national security; and further, p rovides the authority for such UAS to operate without airworthiness certification.

As discussed in detail above, GLOBAL INTERNET BUSINESS SOLUTION S will operate the DJI Phantom 3 UAS saf ely in the NAS, without creati ng a hazard to users of the NAS, or the public, or ot herwise pose a threat to natio nal security.

CONCLUSION

As set forth herein, GLOBAL INTERNET BUSINESS SOLUTIONS seeks a n exemption pursuant to 14 C.F.R. § 11.61 and Section 333 of the FAA Modernization and Reform Act o f 2012 (FMRA), which will permit safe operation of the DJI Phantom 3 UAS comme rcially, without an airworthiness certificate, for the limited purpose of conductin g aerial video and26 photography over certain areas of the United States. By grantin g this Petition, the FAA Administrator will be fulf illing the Congressional mandate of the FAA Modernization and Reform Act of 2012, while also advancing the interests of the public, by allowing GLOBAL INTERNET BUSINE SS SOLUTIONS to safely, effic iently, and economically operate the DJI Pha ntom 3 UAS commercially within the NAS.

WHEREFORE , in accordance with the Federal Aviation Regulations and the F AA Modernization and Reform Act of 2012, Section 333, GLOBAL INTER NET BUSINESS SOLUTIONS 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 Global I nternet Business Solutions to operate the DJI Phantom 3 UAS commercially for the purpose of conducting aerial video and phot ography over certain areas of t he United States.

Dated: September 9, 2015

Respectfully submitted,

Joseph Aucoin
Owner Global Internet Business Solutions, LLC, dba. Cape Cod Drone
120 Old Freeman ’ s Way
P. O. Box 2342 Brewster, MA 02631 (774) 323-3176 FAX (508) 714-0678 josephmaucoin@gmail.com

Appendices:

A – Link to DJI Phantom 3 Manual: Click on link below

http://download.djiinnovations.com/downloads/phant om_3/en/Phantom_3_Professional_U ser_Manual_v1. 2_en.pdf