U.S. Department of Transportation Docket Management System
West Building, Ground Floor, Room w12-140 1200 New Jersey Avenue SE Washington, DC 20590

Steven Rossi

SR Photo LLC

138 W. Cedar St Unit #1
Norwalk, CT 06854
203-831-8269 February 4, 2016
Re: Exemption to the Federal Aviation Administration (FAA) under Section 333 of the FAA Modernization and Reform Action of 2012 (Public Law 112-95) and Part 11 of the FAA Regulations and certain parts of the FARs.

Dear Sir or Madam:
**Request:**
In order to provide safe and environmentally-friendly aerial videography and photography for private and public business interests, I, Steven Rossi, SR Photo, LLC, pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 ("FMRA "), would like to formally submit for exemptions from the following Section 333 regulations:

14 C.F.R. Part 21 14 C.F.R. 45.23(b) 14 C.F.R. 61.113(a) and (b) 14 C.F.R. 91.7(a) 14 C.F.R. 91.9(b)(2) 14 C.F.R. 91.119(c),14 C.F.R. 91.121, 14 C.F.R. 91.151(a)(l), 14 C.P.R. 91.203(a) and (b), 14 C.F:R. 91.405(a), 14 C.F.R. 91.407(a)(l), 14 C.F.R. 91.409(a)(l) and (2), 14 C.P.R. 91.417(a) and (b)
I am requesting these exemptions so that I may safely operate the DJI Phantom 3 Professional UAS, FAA Registration Number: FA3KXNHA34

, commercially along the guidelines of the accompanying operator's manual as well as current FAA operating procedures.

Proposed UAS and Operations
The DJI Phantom 3 Professional weighs less than three pounds, will always be flown under 400 feet limited via software by its GPS and barometric sensors, is electrically powered by a lithium ion battery, carries no combustible fuel or crew, and will be transported in proper storage to and from all flight areas (in accordance with FAA November 17, 2015 guidelines). The aforementioned proposed exemptions would allow me to operate the DJI Phantom 3 Professional UAS for commercial purposes of aerial videography and photography as a service to public and business interests, including: property managers real-estate photography and videography, public and commercial photography

. As evidenced by recent Exemption Numbers 14582, 14589, 12045 and 12058, the FAA recently approved similar use of the DJI Phantom 3 Professional UAS. These particular UAS have been proven reliable and safe flying machines managed by gyroscopically-stabilized flight, ground detection, GPS-aided navigation, a built-in compass, blinking LED lights, a manual and automatic fail safe "Return To Home" mode for returning to the point of takeoff, and propeller guards in order to protect both the UAS and the environment. This particular model combines state-of-the-art, proven technology with high qualitymanufacturing and user-friendly control to ensure safe operation and easy maintenance and care.
Specific section(s) of 14 CFR which I seek relief and the reason(s) I seek relief:
14 C.F.R. Part 21: Airworthiness Certificates
Given the size and limited operating area associated with the UAS to be utilized, an exemption from Part 21 meets the requirements of an equivalent level of safety under Part 11 and Section 333 of the Reform Act. As evidenced in Exemption No. 12045, "in all cases, an analysis of these criteria demonstrates that the UAS operated without an airworthiness certificate, in the restricted environment and under the conditions proposed will be at least as safe, or safer, than conventional aircraft operating with an airworthiness certificate without restrictions and conditions proposed."

14 C.F.R. 45.23: Display 

### of marks: general
Because the DJI Phantom 3 Professional does not have a cabin, cockpit, pilot station, fuselage, boom, or tail on which to mark large words, numbers, or phrases, I request exemption from the above regulation. However, in efforts to comply with the above regulation I will affix a small label to the external hull of the UAS indicating my name, address, and my FAA Registration Number: FA3KXNHA34
14 C.F.R. 61.113(a) & (b): Private pilot privileges and limitations: Pilot in command
Under § 61.113 (a) and (b), certified private pilots are limited to noncommercial operations. However, I am able to achieve an equivalent level of safety through current FAA regulations of UAS operation without such a certification because of the above mentioned safety features of the DJI Phantom 3. According to Exemption No. 12045 in which the DJI Phantom 3 Professional was authorized for similaroperation, "The FAA has previously declared that additional manned airship experience of a commercially certified pilot would not correlate to the airmanship skills necessary for similarly proposed operations in previously issued exemptions to this regulation through Exemption Numbers 11062 and 11138." Therefore, bearing any pilot certification or license will not ensure remote piloting skills of a UAS; the risks of operating this UAS are far less than the risk levels inherent in commercial activities with traditional aircraft given the DJI Phantom's safety features and the limited range and speed of the UAS. The FAA has approved a similar exemption to the above rule as evidenced in Exemption Number 12058.

14 C.F.R 91.7: Civil aircraft airworthiness
Currently there is no certificate applicable to this UAS, and therefore it will be up to myself, SR Photo, LLC, to determine the airworthiness of the DJI Phantom 3 Professional in accordance with its official operating manual. Written and signed pre and post-flight inspections of the propellers, motors, frame, landing stands, camera and gimbal unit, connected tablet devices, a compass calibration and properly ensured GPS locks as indicated by the DJI Phantom's display of "Safe to Fly" message will be performed before and after each flight, accurate records of which will be kept with the UAS's storage and transportation system at all times. These records will be dated and will include the total flight time of each flight.
14 C.F.R. 91.9 (b)(2): Civil aircraft flight manual, marking, and placard requirements
As evidenced in Exemption Number 12045, since there are "no pilots or passengers on board this aircraft, and given its size, this regulation is inapplicable. A n equivalent level of safety will be achieved bymaintaining a safety/flight manual with the operator." In addition to the official safety/flight manual provided by DJI upon purchase of the Phantom 3, following the FAA regulations for UAS operations will ensure a high level of safety.
14 C.F.R. 91.119(c): Minimum safe altitudes
I, Steven Rossi, SR Photo, LLC will ensure that the UAS does not operate any higher than 400 feet at ground level by setting the maximum altitude at 400 feet in DJI's pilot application and ensuring this is set before each flight as part of the pre-flight inspection. I will not fly over congested areas or directly above unprotected people or moving vehicles. I will plan operations before hand for proper flight safety and proper height analysis as to avoid collisions. The GPS and barometric sensors equipped on the DJI Phantom 3 will ensure accurate altitude readings, the output of which will be fed to my tablet device in real time as I operate the UAS.

14 C.F.R. 91.121: Altimeter settings
The DJI Phantom 3 utilizes the latest GPS/GLONASS technologies as well as a barometric sensor with live data output to the tablet device attached to the transmitter. An equivalent level of safety and accurate altimeter telemetry will be achieved by using this.
14 C.F.R. 91.151(a)(1): Fuel Requirements for flight in VFR conditions
The DJI Phantom 3 is electrically-powered by lithium ion batteries which are made by DJI specifically for this particular UAS. They are rated as providing no longer than 18 minutes of flight time. Therefore, due to the limitations of the batteries, it is currently impossible to comply with part 91.151.
14 C.F.R. 91.203(a) and (b): Civil aircraft: Certifications requiredCurrently, there are no procedures for providing airworthiness certificates for the mentioned UAS. I, Steven Rossi, SR Photo, LLC, however will always fly safely while having the manuals of the DJI Phantom 3 and abiding by FAA regulations for UAS operation and safety guidelines.
14 C.F.R. 91.405(a): Maintenance Required, 14 C.F.R. 91.407(a)(l): Operation after maintenance, preventive maintenance, rebuilding, or alteration, 14 C.F.R. 91.409(a)(l) and (2): Inspections & 14 C.F.R. 91.417 (a) and (b): Maintenance records
Maintenance inspections may be required and should be granted since they apply to aircraft with an airworthiness certificate. However I, Steven Rossi, SR Photo, LLC, will perform both preflight and post-flight inspections of the UAS before and after each flight as outlined in the operating documents. I, Steven Rossi, SR Photo, LLC, will also follow manufacturer recommendations from said operating documents and keep a written record of any maintenance done to the UAS.
**Public Interest and Public Safety:**
SR Photo, LLC has over 30 years of professional photography experience and service, the past 19 years specializing in high end residential real estate. These estates can be from 2 acres up to 280 acres, therefore as a contract or work for hire photographer, the majority of our UAS operations would be on private property with the owners permission. It is in SR Photo, LLC’s best interests to maintain the highest level of professionalism, safety and follow all FAA laws and guidelines.
Aerial photography and videography services provided to both the public and private owners, allows for a more cost-effective, safe, and environmentally-friendly method to capturing imagery than its alternative: manned aircraft and helicopters. The latter are expensive to operate and maintain, create a high level of noise, and are much morehazardous due to size and combustible fuel - especially if flown at low altitudes required for some operations.
I, Steven Rossi, SR Photo, LLC, in addition to using my UAS for commercial endeavors, will also gladly offer my services free of charge upon request and with proper coordination to any official search and rescue or emergency services organization to benefit the public. Because of this, an increase of commercial activity and a gaining of more detailed understanding of private and/or farm land would help local and area communities by: reducing pollution, risk, and operating costs by alternative aerial video and photography services such as manned airplanes and helicopters, reducing carbon emissions and traffic congestion by vehicles looking to view properties such as real-estate or farm land, and increase visibility to local attractions thereby bolstering local commerce and tourism.
Given that there is no fuel and no crew on this UAS, that it weighs under three pounds and has propeller guards, as well as having a low maximum speed (less than 18mph), safe operation of this craft does not pose any immediate danger to the environment, wildlife, infrastructure or people. DJI has built in a "No Fly Zone" for major cities and points of interest that have registered as a "do not fly zone." Operation of the Phantom 3 cannot happen in these locations, as any flight capabilities becomes blocked by the UAS itself if within range and the operator is notified. Given its GPS and ground-sensing capabilities, a failsafe "Return To Home" mode will safely return the craft to the operator at the push of a single button or automatically when the craft is either low on power or operating outside of its transmitter's range. This ensures that the craft will not remain airborne in unsafe conditions and pose any public danger.
**Summary**
I, Steven Rossi, SR Photo, LLC, am seeking exemption from the following rules: 14 C.F.R. Part 21, 14 C.F.R. 45.23(b), 14 C.F.R.61.113(a), 14 C.F.R. 91.7(a), 14 C.F.R. 91.9(b)(2), 14 C.F.R. 91.119(c), 14 C.F.R. 91.121, 14 C.F.R. 91.151(a)(l), 14 C.P.R. 91.203(a) and (b), 14 C.F.R. 91.405(a), 14 C.F.R. 91.407(a)(1), 14 C.F.R. 91.409(a)(l) and (2), 14 C.F.R. 91.417(a) and (b). With the exemptions of the mentioned rules I, Steven Rossi, SR Photo, LLC will be seeking to make my UAS photography/videography services available to public and commercial interests. The FAA has authorized similar operations under Exemption Numbers 14582, 14589, 12045 and 12058. Alternatively, public and commercial interests had previously sought the use of manned aircraft to achieve what I can offer in a safer, more cost-efficient and environmentally-friendly manner by not using combustible fuel, flying at safe heights and strictly following the usage recommendations from DJI. These include but are not limited to:

• Flying the DJI Phantom 3 safely in accordance with its operator's manual.

• Always flying below 400 feet, using the DJI Phantom's altitude limiter to ensure this. • Completing thorough inspection of UAS before and after flights and keeping inspection records with the craft at all times • All operations are conducted during daytime Visual Flight Rules (VFR) conditions within visual-line-of-sight (VLOS) of the pilot. • Using an observer to assist if needed • Remaining safely clear of and do not interfere with manned aircraft operations • Not flying directly over unprotected persons or moving vehicles • Not flying within 5 miles of an airport or control tower • Not flying in adverse weather conditions such as high winds, rain, or impaired visibility

• Not flying under the influence of alcohol or drugs

• Ensuring the operating environment is safe • Not flying over sensitive infrastructure or property such as powerstations, water treatment facilities, correctional facilities, etc. • Checking and following all local laws and ordinances before flying over private property • Not conducting surveillance or photographing persons in areas where there is an expectation of privacy without the individual's permission.

• Maximum total flight time for each operational flight will be 20 minutes.

• Flights will be terminated at 20% battery power reserve. 5. UAS operator will be trained and certified in the proper safety and operations of the UAS.

• The UAS will only operate within a controlled area as defined in the Procedures.

• The operator will have been trained in operation of UAS generally and received up-to-date information on the particular UAS to be operated as required.

• If the UAS loses communications or loses its GPS signal, the UAS will have capability to return to a pre-determined location within the Security Perimeter and land.

• The UAS will have the capability to abort a flight in case of unpredicted obstacles or emergencies.
SR Photo, LLC thanks you for your time and effort in processing this request and look forward to cooperating with the FAA in its continued commitment for the safe operation of UAS.
Sincerely, Steven Rossi SR Photo, LLC www.steverossi.net FAA Registration Number : FA3KXNHA34