J and J Studio, LLC

4705 Sea Ridge Court

Fort Worth, TX 76133

817­673­1743

jason@jandjstudio.com

This is in response to letter dated December 31, 2015 requesting additional information to

approve a section 333 exemption, such as:

1: “The reasons why granting the request would be in the public interest; that is how it would

benefit the public as a whole”

The requested exemption would support an application for a commercial Certificate of

Authorization (COA) to use the system to support and volunteer to local law enforcement for

search and rescue operations, support local real estate with photography and videography,

aerial surveying, aerial photography, agriculture, wildlife and forestry monitoring, wildland

firefighting support, patrolling, aerial inspection, and mapping operations. By approving these

exemptions, the FAA will allow me to support various local industries and individuals, benefit the

environment by reducing the need for gas powered vehicles previously used for such operations

and build a new profession which will add to the local economy, all of which are in the public

interest.

2: “Any additional information, views, or arguments available to support your request”

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (the “Reform Act”)

and 14 C.F.R. Part 11, J and J Studio LLC, seeks an exemption from Federal Aviation

Regulations (“FARs”)

I have recently upgraded and purchased a DJI Phantom 3 professional sUAS which has a more

sophisticated guidance and safety system such as a better live HD view from the built in camera

to have a direct view of what the sUAS is facing. The Phantom 3 sUAS features enhanced GPS

recording and guidance such as live GPS recording to monitor and record even more efficiently

the route the sUAS takes.

Each DJI sUAS weighs less than 55 lbs. fully loaded, will be operated at a speed no more than

87 knots, carry neither a pilot nor passenger, carry no explosive materials or flammable liquids,

and operate exclusively within an approved COA airspace. All DJI sUAS use a radio frequency

spectrum for operation and control that complies with Federal Communications Commission

(“FCC”) requirements and has integrated safety features as described within user manuals for

each DJI sUAS.

The sUAS are equipped with redundant safety mechanisms allowing them to operate safely

after experiencing certain in­flight failures. If a lost­link event occurs, including the loss of ground

communications and/or the loss of a GPS signal, the sUAS have the ability to perform a
pre­coordinated, predictable, automated flight maneuver and return to a predetermined location

within a designated security parameter for landing, if automatic flight appears unsafe, pilot can

easily regain control. The sUAS further have the ability to abort a flight in the event of

unpredicted obstacles or emergencies.

The DJI Phantom 3 Pro keeps track of all flight paths and time flown. The aircraft will be

operated in the field with both a Pilot in Command (PIC) and a ground­based Visual Observer

(VO) in accordance with FAA Order 8900.1, vol. 16 "Unmanned Aircraft Systems" with the

following additional restrictions:

­ All operations will be conducted IAW the Air Traffic Organization (ATO) Certificate of

Waiver or Authorization (COA).

­ All SUAS operations will remain clear of manned aviation operations and activities at all times.

­ All operations will occur at altitudes no more than 400' AGL

­ Operations will be operated over private property with the permission of the land owner

­ The sUAS will not be operated by a PIC from any moving device.

­ The aircraft will not be operated within 5 NM of an airport or heliport unless prior coordination

with ATC or airport management is made.

­ Operations will be limited to day, visual meteorological conditions

­ Aircraft will remain within Visual Line of Sight of the PIC and VO at all times.

­ While the aircraft is airborne, the VO will be positioned within voice distance to the PIC

The PIC and VO will meet the requirements outlined in FAA Order 8900.1, volume 16, chapter

4.

The PIC will perform maintenance on the system and will complete a course of maintenance

instruction as part of their initial training. Due to the simplicity of the system, we do not anticipate

the need for a supplemental pilot.

We submit that the combination of the aircraft's lightweight, historically demonstrated flight

performance, fully qualified flight crew and strict operation under the guidelines established in

8900.1, the FAA can have confidence that the operation will have an equivalent or greater level

of safety of manned aircraft performing the same mission.

The name and contact information of the applicant are:

J and J Studio LLC

Attn: Jason D Gilmore

Ph: 817­673­1743

Email: jason@jandjstudio.com

The regulations from which the exemption is requested are as follows:

­ 14 CFR Part 21
­ 14 CFR 91.203

­ 14 CFR 45.23, 45.29

­ 14 CFR 91.9

­ 14 CFR 61.113, 61.133

­ 14 CFR 91.109, 91.119

­ 14 CFR 91.121, 91.151

­ 14 CFR Subpart E (91.401 ­ 91.417)

­ 14 CFR 91.103(b)

We are prepared to modify or amend any part of this request to satisfy the need for an

equivalent level of safety. We look forward to working with your office and hearing back on your

decision. Please contact us at any time if you require additional information or clarification.

Below are the explained specific sections of 14 CFR I am requesting exemption too.

Sincerely,

Jason D Gilmore

J and J Studio, LLC

Appendices:

A. Exemption Request and Equivalent Level of Safety

B. Privacy Issues

C. Safety Assessment

D. Maintenance Procedures

E. User Manuals

F. Training Program

G. Aviation Experience

EXEMPTION REQUESTS AND EQUIVALENT LEVEL OF SAFETY

J and J Studio LLC requests an exemption from the following regulations as well as any

additional regulations that may technically apply to the operation of DJI sUAS:

14 CFR Part 21, Subpart H: Airworthiness Certificates

This part establishes the procedures for the issuance of an airworthiness certificate. While the

FAA continues to work to develop airworthiness standards for sUAS, we request an

experimental certificate be issued for DJI sUAS under either or both of the following provisions:

21.191 Experimental certificates.
Experimental certificates are issued for the following purposes: (a) Research and development.

Testing new aircraft design concepts, new aircraft equipment, new aircraft installations, new

aircraft operating techniques, or new uses for aircraft.

(b) Showing compliance with regulations. Conducting flight tests and other operations to show

compliance with the airworthiness regulations including flights to show compliance for issuance

of type and supplemental type certificates, flights to substantiate major design changes, and

flights to show compliance with the function and reliability requirements of the regulations.

Since the experimental certificate can be used for commercial purposes such as market

surveys, sales demonstrations, and customer crew training, we would expect that an

experimental certificate would permit our commercial purpose as well.

The aircraft will not carry persons or property, will not carry fuel, and will only fly under strict

operational requirements. Combined with the fact that the aircraft weighs less than 55 lbs., we

propose that DJI sUAS will be at least as safe, if not safer, than a conventionally certificated

aircraft performing the same mission.

If an experimental airworthiness certificate is not appropriate for this application, then we

request an exemption of 14 CFR Part 21, Subpart H, and the requirement for an airworthiness

certificate in general, citing the equivalent level of safety outlined in the previous paragraph.

14 CFR 91.203(a) & (b) Civil aircraft: Certifications required.

The regulation provides that an airworthiness certificate, with the registration number assigned

to

the aircraft and a registration certificate must be aboard the aircraft. Additionally, subparagraph

(b) provides that the airworthiness certificate be "displayed at the cabin or cockpit entrance so

that it is legible to passengers or crew." Each DJI sUAS is too small to carry documentation,

does not have an entrance, and is not capable of carrying passengers or crew.

To obtain an equivalent level of safety and meet the intent of 91.203, we propose that

documents

deemed appropriate for this aircraft by the FAA will be co­located with the crew at the ground

control station and available for inspection upon request. In order to identify the aircraft, we

propose that the information found on airworthiness and registration certificates be permanently

affixed to the aircraft via placard:

Manufacturer: DJI

Models: Phantom 3 Professional

Registered to:

J and J Studio LLC

4705 Sea Ridge Court

Fort Worth, TX 76133
If found please contact 817­673­1743.

Along with my FAA drone registration number.

14 CFR 45.23 Display of marks; general and 45.29 Size of marks.

These regulations provide that each aircraft must display "N" and the aircraft's registration

number in letters at least 3 inches high. Additionally, the aircraft must display the word

"EXPERIMENTAL" in letters at least 2 inches high near the entrance to the cabin, cockpit, or

pilot station. Each DJI sUAS does not have an entrance in which the word "EXPERIMENTAL"

can be placed, and may not have a registration number assigned to it by the FAA.

We propose to achieve an equivalent level of safety by including the word "EXPERIMENTAL"

on the top of the aircraft, where the PIC, VO and others in the vicinity of the aircraft while it is

preparing for launch will be able to see the designation. Additionally, we feel that the permanent

placard discussed in the previous paragraph will provide the aircraft's registration information

should it be found on the ground. Finally, we will display at the ground station a high contrast

flag or banner that contains the words "Unmanned Aircraft Ground Station" in letters 3 inches

high or greater. Since the aircraft will operate within VLOS of the PIC and VO near the ground

station, the banner should be visible to anyone that observes the aircraft and chooses to

investigate its point of origin.

14 CFR 91.9 Civil aircraft flight manual, marking, and placard requirements.

This regulation provides that no person may operate an aircraft unless a current, approved flight

manual is in the aircraft. We assume that the intent of this requirement is to ensure that flight

manual information is available to the aircrew while operating the aircraft. We request an

exemption to this requirement since the aircraft is not only too small to carry documentation, the

documentation would not be available to the crew.

To obtain an equivalent level of safety and meet the intent of 91.9, we propose that a current,

approved Airplane Flight Manual (appendix E) must be available to the crew at the ground

station anytime the aircraft is in, or preparing for, flight.

14 CFR 61.113 Private pilot privileges and limitations: Pilot in Command and 61.133

Commercial pilot privileges and limitations.

The regulation provides that no person that holds a private pilot certificate may act as pilot in

command of an aircraft for compensation or hire. Subparagraph (b) allows a private pilot to act

as pilot in command of an aircraft in connection with any business or employment if: (1) The

flight is only incidental to that business or employment; and (2) The aircraft does not carry

passengers or property for compensation or hire.

Our proposed operations meet the requirements of 8900.227 para 16(c)(2)(c) "Operations

without a pilot certificate" in which the PIC is required to complete "FAA private pilot ground

instruction" and pass "the FAA Private Pilot written examination." Since there are currently no

means available for the pilot of a SUAS to gain the experience in an equivalent category and
class in order to apply for a commercial pilot's license, we propose to generate an equivalent

level of safety by requiring our pilots to complete, at a minimum, FAA commercial pilot ground

instruction and pass the FAA Commercial Pilot written examination in addition to completing at

least a recreational or sport pilot certificate requirements. Since the aircraft cannot carry

passengers or property, we feel we meet the intent of 61.113 Subparagraph (b) even though the

intent of this application is to conduct a business.

14 CFR 91.109 Flight instruction; Simulated instrument flight and certain flight tests

The regulation provides that "No person may operate a civil aircraft that is being used for flight

instruction unless that aircraft has fully functioning dual controls." The DJI sUAS ground control

station is based on a small hand­held radio controller and, if applicable, a mobile device.

While it does not offer a second set of "controls", both the student and instructor can, and will,

operate the single set of controls simultaneously. With both student and instructor having

"hands­on" the controls during flight, we feel that this technique meets the intent 91.109 and

provides an equivalent level of safety.

14 CFR 91.119 Minimum safe altitudes: General.

The regulation provides that over sparsely populated areas the aircraft cannot be operated

closer than 500 feet to any person, vessel, vehicle, or structure. Since the aircraft will be

operating at a maximum of 400 feet AGL, we cannot comply with this requirement.

To provide an equivalent level of safety we will only fly over private property with the permission

of the land owner. The land owner will be briefed of the expected route of flight and the

associated risks to persons and property on the ground. We maintain that due to the small size

of each DJI sUAS, the hazard to persons, vessels, vehicles, and structures is not comparable to

manned aircraft and should be considered in granting the exemption.

The aircraft will be operated at an altitude allowing, if a power unit fails, an emergency landing

without undue hazard to persons or property on the surface.

14 CFR 91.121 Altimeter settings.

The regulation provides that aircraft shall maintain cruising altitudes by reference to an altimeter

setting available within 100 nautical miles of the aircraft. The aircraft will fly below 400 feet AGL

and will not need to maintain hemispherical cruising altitudes in order to de­conflict with other

aircraft. As such, an appropriate altimeter measurement presented to the pilot should be

Above Ground Level and should be based on the digitally encoded telemetric data feed, which

downlinks from the aircraft to a ground­based on­screen display. The altitude information will be

generated by equipment installed onboard the sUAS, using GPS triangulation, digitally encoded

barometric altimeter, radio altimeter, or any combination thereof. Prior to each flight, a zero

altitude initiation point will be established and confirmed for accuracy by the sUAS PIC.
Since the aircraft will fly no more than 30 minutes, even rapid changes in barometric pressure

will have limited effect on the safety of the flight.

14 CFR 91.151 Fuel requirements for flight in VFR conditions.

The regulation provides that no person may begin a flight in an airplane under day­VFR

conditions unless there is enough fuel to fly to the first point of intended landing and to fly after

that for at least 30 minutes. We feel the intention of this paragraph is to provide a reserve of

energy as a safety buffer for go­arounds and other delays to landing.

Each DJI sUAS is battery operated and the maximum duration of flight from a single battery

charge is 25 minutes. Since the aircraft will never fly more than VLOS from the PIC and the VO

near the point of intended landing, a full battery charge at launch will ensure that we meet the

reserve energy requirement of this paragraph. The sUAS will not be operated unless it can

begin the flight with enough power to complete the intended operation and operate after that for

at least five minutes or with the reserve power recommended by the manufacturer. We request

an exemption to the word "fuel" and ask for an equivalent interpretation with the word "energy".

14 CFR Subpart E (91.401 ­ 91.417) ­ Maintenance, Preventive Maintenance, and Alterations

The regulation provides that the operator is primarily responsible for maintaining the aircraft in

an airworthy condition, including compliance with part 39 and 43. Paragraphs 91.407 and

91.409 require that the aircraft be "approved for return to service by a person authorized under

43.7" after maintenance and inspection. It is our intention that the PIC perform maintenance and

inspection of the aircraft and "be authorized to approve the aircraft for return to service."

The sUAS will be maintained IAW the manufacturer’s maintenance, overhaul, replacement,

inspection, and life limit requirements for both the system and related components. Maintenance

performed by the PIC is limited to repairing small cracks, replacing a propeller, and updating

software and firmware. All other maintenance will be performed by the manufacturer. The PIC

will document work performed in accordance with 91.417. We feel that due to the size,

construction, and simplicity of the aircraft, the PIC can ensure an equivalent level of safety.

Any sUAS that has undergone maintenance or alterations that affect the sUAS operation or

flight characteristic will undergo a functional test flight prior to conducting further operations.

Functional test flights will only be conducted by a current and qualified PIC with a VO and will

remain 500 feet from other people.

14 CFR 91.103(b) – Preflight Action

The regulation prescribes, in pertinent part, that each pilot in command shall, before beginning a

flight, become familiar with all available information concerning that flight, to include, “For any

flight, runway lengths at airports of intended use, and the following takeoff and landing distance

information:... For civil aircraft for which an approved Airplane or Rotorcraft Flight Manual

containing takeoff and landing distance data is required, the takeoff and landing distance data

contained therein.”
The PIC will take all actions including reviewing weather, flight battery requirements, aircraft

performance data, and landing and takeoff distances before initiation of a flight. The PIC will

also account for all relevant site­specific conditions in their preflight procedures. Risks

presented by sun glare will be mitigated by the PIC’s and VO’s ability to see other air traffic and

initiate a return­to­home sequence if needed. However, given the limited nature on how the

sUAS will be used and that all operations will not be conducted within an airport environment,

takeoff and landing data associated with airport data will not be applicable. Therefore, we

request relief from 91.103(b).