1 1 1 1

**UNITED STATES OF AMERICA**  **DEPARTMENT OF TRANSPORTATION**  **FEDERAL AVIATION ADMINISTRATION WASHINGTON,**  **DC**

**Regulatory Docket No.** 

**______________**

**IN THE MATTER OF THE PETITION FOR EXEMPTION OF** **:**

**AFS Training, LLC FOR**  **AN EXEMPTION**  **SEEKING RELIEF**  **FROM THE**  **REQUIREMENTS OF**  **TITLE 14**  **OF THE**  **CODE OF**  **FEDERAL REGULATIONS**  **SECTIONS 61.101(e)(4) & (5), 61.113(a) & (b), 61.23(a), 61.315(a), 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)**  **CONCERNING COMMERCIAL OPERATION OF DJI P3** 

**(c) UNMANNED AIRCRAFT**  **SYSTEMS**
**PURSUANT TO SECTION 333 OF**  **THE FAA MODERNIZATION AND REFORM ACT**  **OF 2012**  **(PUBLIC LAW 112** **- 95)** 
**Submitted on July 17, 2015** 

**Scott P. McCartt AFS Training, LLC**  **PO Box 760396 San Antonio, TX 78245**  **Tel: (405) 922 -** **2 2348**  **Email: scott@afstraining.net**222 2

TABLE OF CONTENTS INTRODUCTION AND INTERESTS OF THE PETITIONER
............................................................. 4 BACKGROUND
.......................................................................................................................... 4 BASIS FOR PETITION
................................................................................................................. 5 Name And Address Of The Petitioner.
..................................................................................... 7 The Specific Sections Of 14 C.F.R. From Which AFS TRAINING, LLC Seeks Exemption.
........... 7 Extent Of ReliefAFS TRAINING, LLC Seeks
............................................................................. 10 Reasons Why Granting AFS TRAINING, LLC Request Would Be In The Public Interest; That Is, How It Would Benefit The Public As A Whole.
....................................................................... 13 Reasons Why Granting The Exemption Would Not Adversely Affect Safety, Or How The Exemption Would Provide A Level Of Safety At Least Equal To That Provided By The Rule From Which AFS TRAINING, LLC Seeks Exemption.
............................................................... 15 Reasons Why An Exemption From The Requirements Would Not Adversely AffectSafety.
. 20 Summary
................................................................................................................................ 25 A Brief Description OfThe Nature OfThe Exemption AFS TRAINING, LLC Seeks:
................. 25 CONCLUSION
.......................................................................................................................... 26 DJI P3 Specifications Data Sheet
............................................................................................ 28 Vision Positioning
...........................................................................................................................28 Remote Controller
...........................................................................................................................28 Exhibit
– C
............................................................................................................................... 30333 3 GLOSSARY OFABBREVIATIONS AGL Above Ground Level AOI Area ofInterest ATC Air Traffic Control ATO Air Traffic Organization AV Aerial Vehicle CFR Code of FederalRegulations COA Certificate of Authorization FAA Federal Aviation Administration FAR Federal Aviation Regulation GCS Ground Control Station GPS Global Positioning System LOL Loss ofLink NAS National Airspace System NOTAM Notice to Airman PIC Pilot In Command Section 333 FAA Modernization and Reform Act of 2012 (FMRA) Section333 SO Safety Observer SOP Standard OperatingProcedures UA Unmanned Aircraft UAS Unmanned Aircraft System VFR Visual Flight Rules VLOS Visual Line of Site VMC Visual Meteorological Conditions VTOL Vertical Takeoff andLanding444 4

SUMMARY Scott P. McCartt, on behalf of AFS TRAINING, LLC, seeks exemption from the requirements of 14 C.F.R §§ 61.101(e)(4) and (5), 61.315(a), 61.23(a), 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 pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (FMRA). This exemption will permit AFS TRAINING, LLC to operate an Unmanned Aircraft System (UAS) for the commercial purpose of conducting aerial video and photography of construction sites, building inspections, agricultural lands, wineries, outdoorrecreational facilities, real estate, special events, and landscapes within the United States. **INTRODUCTION AND INTERESTS OF THE PETITIONER**  AFS TRAINING, LLC, will provide its clients with the highest quality digital content for
use in their commercial, personal, and non-profit multimedia projects. AFS TRAI NI NG, LLC, will bring together years of professional aviation expertise and state-of

-the

-art technology to make studio quality productions within reach for organizations of any size. AFS TRAI NI NG, LLC, will also leverage years of professional aerial video ex perience to become a leading provider ofgeomapping andimage analysis services to various industries, including but not limited to construction, utility, agricultural, and civil agencies (upon request)
. AFS TRAI NI NG, LLC, has over 25 years of professional aviation experience, including 5 years of federal law enforcement related aerial video/telemetry instruction
. The objective of AFS TRAINING, LLC, aerial video and photography operations is to provide high quality imaging for a variety ofcommercial,public, and residential uses, specificallytargeting:

 Aerial event filming andphotography

 Real estate promotions

 Promotional videos for businesses, non

-profits & government entities

 Agricultural surveys and environmental monitoring

 Civil search and rescue/disaster survey

 Utility

power/pipeline survey

 Construction site survey **BACKGROUND** AFS TRAINING, LLC seeks an exemption to operate DJI Systems Phantom 3 Professional compensation or hire within the NAS. The DJI Phantom 3 Professional (P3) is a555 5

verticaltakeoff and landing (VTOL) Unmanned Aircraft (UA) with a Ground Control Station (GCS) utilizing electronic tablet or smart phone systems. The P3 is an electric powered rotary wing UAS that is capable of transmitting live airborne video images and location information to a Ground Control Station (GCS). The P3 stores the photographs and data on board and makes them available for download after completion of the flight. The P3 is 23.2 inches square and weighs approximately 3 pounds, well under the 55 lbs mandated in the FMRA. The Inspire can conduct hovering flight and has a maximum cruising speed of 31 knots. Itis battery

powered, has a flight endurance of approximately 23 minutes and can operate in temperatures ranging from 0° to 40° C. The P3’s omni

-directional antenna has a range of 1.1 nautical miles and operates in the 2.420

– 2.483 GHz frequency range. The P3 that will be operated by AFS TRAINING, LLC, will be registered in accordance with 49 U.S.C. 44103, Registration of Aircraft, as well as 14 C.F.R Part 47, AircraftRegistration, and marked in accordance with 14 C.F.R. Part 45, Identification and RegistrationMarking. **BASIS FOR PETITION**  Petitioner, AFS TRAINING, LLC, pursuant to the provisions of the Federal Aviation Regulations (14 C.F.R. § 11.61) and the FAA Modernization and Reform Act of 2012 (FMRA), Section 333, Special Rules for Certain Unmanned Aircraft Systems, hereby petitions the Administrator to commercially operate the DJI P3 in the National Airspace System (NAS), and for an exemption from the requirements of 14 C.F.R §§ 61.101(e)(4) and (5), 61.315(a), 61.23(a), 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 ofthe speed, weight, size, and limited operating area associated with the unmanned aircraft and its operation, AFS Training’s operation ofthe DJI P3 UAS meets the conditions of FMRA Section 333 and therefore, will not require an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H. Accordingly, AFS TRAINING, LLC 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 applyto aircraft with an airworthiness certificate. AFS TRAINING, LLC, submits that the requested relief is proper since an equivalent level of safety will be ensured. AFS TRAINING, LLC, will use experienced personnel or technicians to perform maintenance, alterations, or preventive maintenance on the UASs using the methods, techniques, and practices prescribed in the operating documents (i.e., MonthlyMaintenance Log, and DJI P3 Instruction Manual).666 6

Furthermore, AFS TRAINING, LLC will document and maintain allmaintenance records for the DJI P3 UAS. Relief from certain requirements of Section 61.101(e)(4) and (5) entitled Recreational pilotprivileges and limitations: Pilot in command, and from Section 61.315(a) entitled What
are the privileges and limits of my sport pilot certificate, and from Section 61.23(a) entitled Medical certificates: Requirements and duration, is requested byAFS TRAINING, LLC, to the extent necessary to allow a Pilot in Command (PIC) holding a sport pilot or higher level certificate, as well as a valid driver’s license, and who has demonstrated, by meeting minimum flight

- hour and currency requirements, that thePIC is able to safely operate the DJI P3 UAS in a manner consistent with exemption, including evasive and emergencymaneuvers and maintaining appropriate distances from people, vessels, vehicles and structures. AFS TRAINING, LLC, seeks relief from Section 91.7(a), entitled Civil aircraft airworthiness, because the DJI P3 UAS do not require an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H. As such, AFS TRAI NI NG, LLC, submits that it will ensure that the DJI P3 UAS are in an airworthy condition, prior to every flight by determining that the UASs are in compliance with the operating documents (i.e., Monthly Maintenance Log, and DJI P3 Instruction Manual), and that the aircraft are in a condition for safe flight. AFS TRAINING, LLC, also seeks an exemption from the requirements of Section 91.121, entitled Altimeter Settings, as the DJI P3 UA will not have a ty pical barometric altimeter onboard. However, altitude information of the DJI P3 UA 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 ofthe flight path. This altitude information, combined with AFS TRAI NI NG, LLC’s, operation of the DJI P3 UAS within visual line of sight, at or below 400 feet AGL, will ensure a level of safety equivalent to Section 91.121. Additionally, AFS TRAINING, LLC, seeks an exemption from therequirements of Section 91.151(b), entitledFuel requirementsforflight in VFR conditions
. AFS TRAINING, LLC, submits that safety will not be adversely affected by operation ofthe DJI P3 UAS. Operations will take place only in day visual meteorological conditions (VMC) under visual flight rules (VFR). Flights will be planned for no longer than a 15

-minute duration, leaving a approximately

10 minute reserve power capability. Additionally, the P3 software includes an777 7

automatic return to launch point logic when battery levels reach critically low levels, ensuring the UAS will not completely run out of power while in flight. In accordance with 14 C.F.R. § 11.81, AFS Training, LLC, provides the following information in support of its petition forexemption: **A. Name And Address Of The**  **Petitioner.** The name and address ofthe Petitioner and point ofcontact is: Scott P. McCartt AFS TRAINING, LLC PO Box760396 San Antonio, TX 78245 Tel: (405) 922

-2348 Email: scott@afstraining.net **B. The**  **Specific Sections**  **Of 14**  **C.F.R. From**  **Which AFS TRAINING, LLC**  **Seeks Exemption.** 
**1. AFS TRAINING, LLC**  **Seeks Exemption**  **From The**  **Requirements Of Section**  **61.101(e)(4) and (5).** 
Section 61.101, entitled Recreational pilot privileges and limitations: Pilot in command, subsection (e)(4) and (5) prescribe the following, in relevantpart: (e) Except as provided in paragraphs (d) and (i) of this section, a recreational pilot may not act as pilot in command of an aircraft

— (4) For compensation or hire; (5) In furtherance of a business;
**2. AFS TRAINING, LLC**  **Seeks Exemption**  **From The**  **Requirements Of Section**  **61.23(a).** Section 61.23(a), entitled Operations requiring a medical certificate: Requirements and duration, subsection (a) prescribe the following, in relevantpart: (f) Except as provided in paragraphs (d) and (i) of this section, a recreational pilot may not act as pilot in command of an aircraft

— **3. AFS TRAINING, LLC**  **Seeks Exemption**  **From The**  **Requirements Of**  **Section 61.315(a).** 
Section 61.315(a), entitled What are theprivileges and limits ofmy sportpilot certificate, subsection (a) prescribe the following, in relevantpart: (c) You may

not act as pilot in command of a light

-sport aircraft: (2) For compensation or hire. (3) In furtherance of a business.

— **4. AFS TRAINING, LLC**  **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 civil aircraft unless it is in an airworthycondition.**5. AFS TRAINING, LLC**  **Exemption From**  **The Requirements**  **Of Section**  **91.121.**
Section 91.121, entitled Altimeter settings, subsection (a), states the following, in part: (a) Each person operating an aircraft shall maintain the cruising altitude or flight level ofthat aircraft, as the case maybe, by reference to an altimeter that is set, when operating

— (1) Below 18,000 feet MSL, to

— (i) The current reported altimeter setting ofa station along the route and within 100 nautical miles of the aircraft; (ii) Ifthere is no station within the area prescribed in paragraph (a)(1)(i) of this section, the current reported altimeter setting ofan appropriate available station; or (iii) In the case ofan aircraft not equipped with a radio, the elevation ofthe departure airport or an appropriate altimeter setting available before departure.

**6. AFS TRAINING, LLC**  **Exemption From**  **The Requirements**  **Of Section**  **91.151(b).**
Section 91.151, entitledFuel requirementsforflight in VFR conditions, subsection (b), states the following: (b) Noperson may begin aflight in a rotorcraft under VFR conditions unless (considering wind and forecast weather conditions) there is enough fuel to fly to the first point of intended landing and, assuming normal cruising speed, to fly after that for at least 20minutes.
**7. AFS TRAINING, LLC**  **Exemption From**  **The Requirement**  **Of Section**  **91.405(a).**
Section 91.405, entitledMaintenance required, subsection (a), states the following: Each owner or operator of an aircraft

— (a) Shall have that aircraft inspected as prescribed in subpart E ofthis part and shall between required inspections, except as provided in paragraph (c) ofthis section, have discrepancies repaired as prescribed in part 43 ofthis chapter[.]
**8. AFS TRAINING, LLC 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 maintenance, preventive maintenance, rebuilding, or alterationunless

— (1) It has been approved for return to service by a person authorized under § 43.7 of this chapter[.]
**9. AFS TRAINING, LLC**  **Seeks Exemption**  **From The**  **Requirements Of**  **Sections 91.409(a)(1) and 91.409(a)(2).** 
Section 91.409, entitledInspections, subsection (a), states the following: (a) Except as provided in paragraph (c) ofthis section, no person may operate an aircraft unless, within the preceding 12 calendar months, it has had

— (1) An annual inspection in accordance with part 43 ofthis chapter and has been approved for return to service by a person authorized by § 43.7 ofthischapter; or (2) An inspection for the issuance ofan airworthiness certificate in accordance with part 21 of this chapter.
**10. AFS TRAINING, LLC**  **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 91.413, each registered owner or operator shall keep the following records for the periods specified in paragraph (b) of this section: (1) Records ofthe maintenance, preventive maintenance, and alteration and records ofthe 100
-hour, annual, progressive, and other required or approved inspections, as appropriate, for each aircraft (including the airframe) and each engine, propeller, rotor, and appliance ofan aircraft. The records must include

— (i) A description (or reference to data acceptable to the Administrator) of the work performed; and (ii) The date of completion of the work performed; and (iii) The signature, and certificate number ofthe person approving the aircraft for return to service. (2) Records containing the followinginformation: (i) The total time in service ofthe airframe, each engine, each propeller, and each rotor. (ii) The current status oflife

-limited parts ofeach airframe, engine, propeller, rotor, andappliance. (iii) The time since last overhaul ofall items installed on the aircraft which are required to be overhauled on a specified timebasis. (iv) The current inspection status ofthe aircraft, including the time since the last inspection required by the inspection program under which the aircraft and its appliances aremaintained. (v) The current status ofapplicable airworthiness directives (AD) and safety directives including, for each, the method ofcompliance, the AD or safetydirective number and revision date. Ifthe AD or safety directive involves recurring action, the time and date when the next action is required. (vi) Copies ofthe forms prescribed by § 43.9(d) ofthis chapter for each major alteration to the airframe and currently installed engines, rotors, propellers, and appliances. (b) The owner or operator shall retain the following records for the periods prescribed: (1) The records specified in paragraph (a)(1) ofthis 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) ofthis section shall be retained and transferred with the aircraft at the time the aircraft is sold. (3) A list of defects furnished to a registered owner or operator under § 43.11 of this chapter shall be retained until the defects are repaired and the aircraft is approved for return to service.
**C. The**  **Extent Of** **Relief AFS TRAINING, LLC**  **Seeks And**  **The Reason**  **AFS TRAINING, LLC Seeks The**  **Relief.**
**1. Extent**  **Of Relief**  **AFS TRAINING,**  **LLC Seeks**  **And The**  **Reason AFS**  **TRAINING, LLC**  **Seeks Relief**  **From Section**  **61.113(a) and**  **(b).** Relieffrom Section 61.113(a) and (b) entitledPrivatepilotprivileges and limitations: Pilot in command, is requested to the extent necessary to allow a PIC holding a private pilotor higher level certificate, as well as a current and valid airman medical certificate, and who

has met certain flight

-hour and currencyrequirements, to conduct the proposed UAS flight operations for compensation orhire. This relief is requested since the limitations set forth in Section 61.113(a) and (b) state that a private pilot may, for compensation or hire, act as PIC ofan aircraft in connection with any business or employ ment if: (1) The flight is only incidental to that business or employ ment; and (2) The aircraft does not carry passengers or property for compensation or hire. As set forth more fullybelow, AFS TRAINING, LLC submits that an equivalent level of safetywill be maintained because no PIC will be allowed to operate the DJI P3 UAS unless that PIC has met certain flight

-hour and currency requirements, demonstrating that the PIC is able to safely operate either the DJI P3 UAS in a manner consistent with the operations specifications as described in this exemption, including evasive and emergencymaneuvers,
as well as maintaining appropriate distances from people, vessels, vehicles and structures. Further, AFS TRAINING, LLC submits that all flights ofthe DJI P3 UAS, conducted by the PIC pursuant to the grant ofthis Petition: (1) will be incidental to AFS TRAI NI NG, LLC business; and (2) will not carry passengers or property forcompensation or hire. **2. Extent**  **Of Relief** **AFS TRAINING, LLC Seeks**  **And The**  **Reason AFS**  **TRAINING, LLC Seeks**  **Relief From Section 61.23(a).**  Relief from Section 61.23(a), entitled Operations requiring a medical certificate: Requirements and duration, is requested to the extent required to necessary to allow a PIC holding a sport pilot certificate or higher level certificate, as well as a current and valid driver’s license, to conduct the proposed UAS flight operations for compensation or hire. This relief is requested since the limitations set forth in Section 61.23(a) otherwise require the PIC of any flight for compensation or hire to hold a comprehensive FAA issued medical certificate. In Exemption No. 11213 to Aeryon Labs, Inc., the FAA

“finds that, because of the risk mitigations established in the conditions and limitations of this exemption, a person that holds a U.S. issued driver’s license who is operating a UAS will not adversely affect safety
. The FAA is granting relief from § 61.23(a) to allow any pilot that holds one of the pilot’s certificates discussed above to operate a UAS under this exemption with a U.S. issued driver’s license, in lieu of an FAA
-issued medical certificate. The FAA is also granting relief from § 61.23(c) to allow sport pilot certificate holders tooperate aircraft other than LSA with a U.S. issued driver’s license under this

exemption.” **3. Extent**  **Of Relief** **AFS TRAINING, LLC Seeks**  **And The**  **Reason AFS**  **TRAINING, LLC Seeks**  **Relief From Section**  **61.315(a).** Relief from Section 61.315(a) entitled What are the privileges and limits of my sport pilot certificate, is requested to the extent necessary to allow a PIC holding a sport pilot or higher level certificate to conduct the proposed UAS f light operations for compensation or hire. This relief is requested since the limitations set forth in Section 61.315(a) restrict a sport pilot from acting as the PIC of any flight for compensation or hire, or for thefurtherance of anybusiness. InExemption No. 11213 to Aeryon Labs, Inc., the FAA re-assessed the level of pilot certificate that would be appropriate for the petitioner’s operations. In evaluating this petition, similar to the evaluation of the private and commercial pilot certificates in Exemption No. 11062, the agency compared the aeronautical knowledge requirements ofthe recreational and sport pilot certificates to those of the private pilot certificate. They f ound that the aeronautical knowledge requirements that would be applica ble to a UAS operation for a recreational pilot and sport pilot certificate are substantially similar as those for a private pilot certificate. Additionally, similar to the private and commercial pilot certificates, holders of recreational and sport pilot certificates are subject to security screening by

the Department of Homeland Security (DHS). Therefore, because they must demonstrate aeronautical knowledge relevant to UAS operations and are subject to DHS screening, factors that were considered by the FAA in allowing private pilot operations under previous exemptions, the FAA now determines that holders of recreational and sport pilot certificates may serve as the PIC for UAS operations. **4. Extent**  **Of Relief** **AFS TRAINING, LLC**  **Seeks And**  **The AFS**  **TRAINING, LLC Seeks**  **Relief From Section 91.7(a).**  Relieffrom Section 91.7(a) entitled Civil aircraft airworthiness, is requested to the extent required to allow AFS TRAI NI NG, LLC to determine that the DJI P3 UAS are in airworthy condition prior to every flight by ensuring that the UAS is in compliancewith the operating documents (i.e., the DJI P3 Maintenance Manual, Monthly Maintenance Log, and DJI P3 InstructionManual).AFS TRAINING, LLC seeks the requested reliefbecause the DJI P3 UAS do not require

an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H. Therefore, AFS TRAINING, LLC will ensure that the DJI P3 UAS arein airworthy condition based upon its compliance with the operating documents (i.e., Monthly Maintenance Log, and DJI P3 Instruction Manual) prior to every flight, and further, determine that the aircraft are in condition for safe flight, as stated in the conditions and limitations below.

**5. Extent**  **Of Relief** **AFS TRAINING, LLC Seeks**  **And The**  **Reason AFS**  **TRAINING, LLC Seeks**  **Relief From Section 91.121.**  Relief from Section 91.121, entitled Altimeter settings, may be required to allow flight operations of the DJI P3 UAS, which utilize a barometric pressure sensor, GPS equipment, and a radio communications telemetry data link to downlink altitudeinformation from the UA to the PIC at the ground control station (GCS). Since the FAA requires that any altitude information concerning UAS operations be reported to air traffic control (ATC) in feet above ground level (AGL), AFS TRAI NI NG, LLC seeks the requested relief because the DJI P3 UA’s altimeter may be set on the ground to zero feet AGL, rather than the local barometric pressure or field altitude, before each flight. Considering the limited altitude ofthe proposed operations, relief from 14 CFR 91.121 is sought to the extent necessary to comply with the applicable conditions and limitations stated below. As more fully set forth herein, an equivalent level of safety will be maintained since the DJI P3 UAs are equipped with a barometric pressure sensor and GPS equipment, which automatically ensures that a ground level pressure setting will be established prior to each flight, and provides the PIC with altitude information ofthe UA on the heads

-up display of theGCS. **6. Extent**  **Of Relief** **AFS TRAINING, LLC Seeks**  **And The**  **AFS TRAINING, LLC Relief From Section**  **91.151(b).** Relief from Section 91.151(b) entitled Fuel requirements for flight in VFR conditions, is requested to the extent required to allow flights of the battery powered DJI P3 UAs during daylight hours in visual meteorological conditions (VMC), under visual flight rules (VFR), for a total duration of 15 minutes to the first point of intended landing and, assuming normal cruising speed, to fly after that for at least 5 minutes. AFS TRAINING, LLC seeks the requested relief because without an exemption from Section 91.151(b), the flight time duration ofthe battery powered DJI P3 UA will severely constrain the practicality of any aerial video or still photo flight operations that AFSTRAINING LLC proposes to conduct pursuant to thisPetition.

Significantly, as set forth below, the technical specifications ofthe DJI P3 UAS, the DJI P3 operating documents, and AFS TRAINING LLC’s proposed operating limitations, ensure that AFS TRAI

NI NG LLC will safely operate the battery powered DJI P3 UAS during daylight hours in visual meteorological conditions (VMC), under visual flight rules (VFR), with enough battery power to fly for a total duration of 15 minutes to the first point of intended landing and, assuming normal cruising speed, to fly after that for at least 5 minutes. **7. Extent**  **Of Relief** **AFS TRAINING, LLC Seeks**  **And The**  **Reason AFS**  **TRAINING, LLC Seeks**  **Relief From Sections 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 certificate, AFS TRAINING, LLC requests relieffrom these Sections because the DJI P3 UAS does not require airworthiness certificates. As set forth more fully below, the DJI P3 UAS meets the conditions of FMRA Section 333 for operation without an airworthiness certificate. Accordingly, AFS TRAINING LLC will use trained technicians to perform maintenance, alterations, or preventive maintenance on the UASs using the methods, techniques, and practices prescribed in the UAS operating documents (i.e., the DJI P3 Maintenance Manual, Monthly Maintenance Log, and DJI P3 Instruction Manual). Furthermore, AFS TRAINING LLC will document and maintain all maintenance records for the DJI P3 UAS. **D. The**  **Reasons Why**  **Granting AFS TRAINING, LLC**  **Request Would**  **Be In**  **The Public**  **Interest; That**  **Is, How**  **It Would**  **Benefit The**  **Public As**  **A Whole.**  Granting the present Petition will further the public interest by allowing AFS TRAINING LLC to safely, efficiently, and economically conduct aerial video and photography of construction sites, building inspections, agricultural lands, wineries, outdoorrecreational facilities, real estate, special events, landscapes, and various other sites over certain areas of the United States. Additionally, use of the DJI P3 UAS will decrease congestion of the NAS, reduce pollution, and provide significant benefits to the economy. Notably, the benefits of AFS TRAINING LLC’s proposed operation of the DJI P3 UAS can berealized without violating established expectations of privacy
.

**1. The**  **Public Will**  **Benefit From**  **Decreased Congestion**  **Of The**  **NAS.** The DJI P3 UAS are battery powered and serve as a safe, efficient, and economical alternative to the manned aircraft traditionally utilized to obtain aerial imagery
. By reducingthe amount ofmanned aircraft needed to perform aerial acquisitions, an exemption allowing

the use of a DJI P3 UAS would reduce the amount of manned aircraft in the NAS, reduce noise and air pollution, as well as increase the safety oflife and property in the air and on the ground. Furthermore, by reducing the number of manned aircraft operating in the NAS, congestion around airports caused by arriving and departing aircraft will be reduced. The DJI P3 UAS do not require an airport to takeoffor land. Likewise, a reduction ofmanned aircraft conducting aerial video and photography missions would result in fewer aircraft that must be handled by air traffic control during the ground, takeoff, departure, arrival, and landing phases of flightoperations. **2. The**  **Public Will**  **Benefit From**  **The Safety**  **And Efficiency**  **Of The**  **DJI P3**  **UAS.** Conducting aerial acquisitions with the DJI P3 UAS, instead of manned aircraft, will greatly benefit the public by drastically reducing the levels of air and noise pollution generated during traditional aerial video and still photography flight operations. By using battery power and electric motors, the DJI P3 UAS produces no air pollution, and is the most viable environmentally conscious alternative to the cabin class, four to six cylinder internal combustion engine aircraft that are ty pically utilized for aerial video and photography, while burning approximately 10
-20 gallons per hour of leaded aviation fuel. The DJI P3 UAS, while reducing the carbon footprint of aerial acquisitions, also eliminates noise pollution, as the UASs are propelled by battery powered electric motors, rather than an internal combustionengine. By using the DJI P3 UAS to perform aerial acquisitions, the substantial risk to life and property in the air and on the ground, which is usually associated withtraditional 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 P3 UAS (weighing approximately 3 pounds maximum gross weight with dimensions of 22 inches square, and with no fuel on board), has less physical potential for collateral damage to life and property
on the ground and in the air compared to the manned aircraft that ty pically conduct similar operations (weighing approximately 3000 pounds with a wingspan of approximately 42 feet,
a length of34 feet, and a fuel capacity of 50 gallons). **3. Performing**  **Aerial Video**  **and Photography**  **Operations With**  **The DJI**  **P3 UAS Will Benefit The**  **Economy.**In addition to being safe and efficient, the DJI P3 is also an economical alternative to

using manned aircraft to conduct similar aerial operations. As such, operation of the DJI P3 UAS will allow United States based companies, like AFS TRAINING, LLC, to remain competitive and contribute to growth of the U.S. economy. Specifically, with the rising cost of aviation fuel and the Environmental Protection Agency (“EPA”) regulatory actions phasing out leaded aviation fuels, U.S. owned and operated companies must adopt new and alternative technologies in order to remain competitive. Operating the battery powered DJI P3 UAS is one such technology that not only allows companies greater operational flexibility compared to manned aircraft, but provides such flexibility without the high operational cost ofa traditional manned aircraft. By operating the DJI P3 UAS, companies such as AFS TRAINING, LLC, 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 commercial use of the DJI P3 UAS, provides a stable workforce that increases consumer spending; improves local, state, and federal tax revenues; and allows companies to invest in research 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 acquisition flight operations that have been conducted for decades, AFS TRAINING, LLC proposed operation of the DJI P3 UAS will not encroach upon established boundaries of expectations to privacy
. Specifically, the DJI P3 UAS will be operated only in compliance with the conditions set forth in any exemption granted under this petition. **E. The**  **Reasons Why**  **Granting The**  **Exemption Would**  **Not Adversely**  **Affect Safety,**  **Or How**  **The Exemption**  **Would Provide**  **A Level**  **Of Safety**  **At Least**  **Equal To**  **That Provided**  **By The**  **Rule From**  **Which AFS TRAINING, LLC**  **Seeks Exemption.**  **1. Reasons Why The DJI**  **P3 UA Meet The Conditions Of The** **FAA Modernization and Reform Act**  **of 2012 (FMRA) Section** **333.** Inconsideration of the size, weight, speed, and limited operating area associated with the unmanned aircraft and its operation, AFS TRAINING, LLC operation of the DJI P3 UAS meet the conditions of FMRA Section 333, and will not require an airworthiness certificate in accordance with 14 C.F.R. Part 21, SubpartH. Section 333 provides authority for a UAS to operate without airworthiness certification and sets forth requirements for considering whether a UAS will create ahazard to users of the NAS or the public, or otherwise pose a threat to national

security. Specifically, FMRA Section 333 states the following, in part: (a) In General.

—

Notwithstanding any other requirement ofthis subtitle, and not later than 180 days after the date ofenactment ofthis Act, the Secretary of Transportation shall determine ifcertain unmanned aircraft systems may operate safely in the national airspace system before completion oftheplan and rulemaking required by section 332 ofthis Act or the guidance required by section 334 of thisAct. (b) Assessment ofUnmannedAircraft Systems.

— In making the determination under subsection (a), the Secretary shall determine, at a minimum

— (1) which types ofunmanned aircraft systems, ifany, as a result oftheir size, weight, speed, operational capability, proximity to airports and populated areas, and operation within visual line ofsight do not create a hazard to users ofthe national airspace system or thepublic orpose a threat to national security; and (2) whether a certificate ofwaiver, certificate ofauthorization, or airworthiness certification under section 44704 oftitle 49, United States Code, is requiredfor the operation ofunmanned aircraft systems identified under paragraph (1 ). (c) Requirementsfor Safe Operation.

— Ifthe Secretary determines under this section that certain unmanned aircraft systems may operate safely in the national airspace system, the Secretary shall establish requirementsfor the safe operation ofsuch aircraft systems in the national airspace system. In seeking this exemption, AFS TRAINING, LLC submits that the DJI P3 UAS can operate safely in the NAS pursuant to FMRA Section 333, as demonstrated by: (a) the characteristics ofthe DJI P3 UAS (b) the pilot certification requirement; and (c) the specific operatinglimitations.

**a. The**  **Specifications Of** **The DJI**  **P3 UAS**  **Demonstrate Its**  **Safe Characteristics.**  The DJI P3 UAS does not create a hazard to users of the NAS or the public, or otherwise pose a threat to national security considering its size, weight, speed, and operational capability
. **i. Technical Specifications Of The DJI**  **P3 UAS.**  The technical specifications ofthe DJI P3 UAS is set forth by the DJI P3 Specifications and Data Sheet, attached hereto as Exhibit A. **ii. The DJI**  **P3 UAS Autonomous Flight And Navigation** **Modes Enable**  **The UAS**  **To Remain**  **Within A**  **Defined Operational**  **Area.** The DJI P3 UAS maybe operated in both manual and fully autonomous flight modes. A complete description ofthe flight and navigational modes ofthe DJI P3 UAS is provided in the DJI P3 User Manual, attached hereto as Exhibit B.**iii. The DJI**  **P3 UAS Are Designed For Automatic Return**  **To Home**  **Point Or**  **Hover In**  **The Event**  **Of Loss**  **Of The**  **Control Link Or**  **Navigation.** When the Control Link is lost, the DJI P3 UA will remain stationary, in flight, for 3 seconds or more. If, after 3 seconds, the DJI P3 UA does not reacquire control link data from the GCS, the UA will assume that the Control Link is lost and the UA will return to the home position (i.e., failsafe mode) via GPS, and will descend to the takeoff position and shutdown. A complete description ofthe Failsafe Functions ofthe DJI P3 UAS are set forth in the DJI P3 User Manual, attached hereto asB.

**iv. The DJI**  **P3 GCS And Its**  **Operation.** A complete description of the operation and specifications ofthe DJI P3 GCS and flight control software is provided in the DJI P3 User Manual. DJI P3 User Manual is attached hereto as ExhibitB.

**b. Flight**  **Operations Of** **DJI P3**  **UAS Are**  **Limited To**  **The Line**  **Of Sight Of A Certificated Pilot in Command With A Safety** **Observer.** AFS TRAINING, LLC will only utilize certificated pilots who possess a current and valid airman medical certificate to act as a pilot in command (PIC) of the DJI P3 UAS. Additionally, a safety observer will assist all pilots during flight time.

**c. Flights Of DJI**  **P3 UAS Will Be Conducted Pursuant To** **Specific Operating**  **Limitations.** In seeking this exemption, proposes to commercially operate DJI P3 UAS for the special purpose of conducting aerial video and photography over certain areas of United States, pursuant to the following specific operating limitations: 1. Operations authorized by this grant of exemption will be limited to the following aircraft described in the operating documents, rotorcraft UASs weighing less than 55 pounds maximum gross weight: DJI P3 Unmanned Aircraft System. Proposed operations ofany other aircraft will require a new petition or a petition to amend this grant. 2. UAS operations under this exemption will be limited to conducting operations for the purpose of aerial video andphotography. 3. The UAs maynot be flown at an indicated airspeed exceeding 30 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 operating documents unless a special request is made and approved by ATC. All altitudes reported to ATC must be in feetAGL. 5. The UAs must be operated within visual line ofsight (VLOS) ofthe PIC at all times. This requires the PIC to be able to use human vision unaided by any device other than corrective lenses, as specified on the PIC’s FAA
-issued airman medical certificate. 6. The use of first person view (FPV) by the PIC or safety observer (SO) isnotpermitted.

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 capability
. The SO and PIC must be able to communicate verbally at all times. Electronic messaging or texting is not permitted during flight operations. The PIC must be designated 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 operatingdocuments. 8. The SO must not perform any other duties beyond assisting the PIC with seeing and avoiding other air traffic and other ground based obstacles/obstructions and is not permitted to operate the camera or other instruments. 9. The operating documents and the grant of exemption must be accessible during UAS operations and made available to the Administrator upon request. If a discrepancy exists between the conditions and limitations contained in the grant of exemption and the procedures outlined in the operating documents, the conditions and limitations contained in the grant of exemption take precedence and must be followed. Otherwise, the operator must follow the procedures as outlined in its operating documents. The operator may update or revise its operating documents. It is the operator’s responsibility to track such revisions and present updated and revised documents to the Administrator upon request. The operator must also present updated and revised documents ifit petitions for extension or amendment to the grant of exemption. If the operator determines that any update or revision would affect the basis upon which the FAA granted the exemption, then the operator must petition for amendment to its grant of exemption. The FAA’s UAS Integration Office (AFS

-80) maybe contacted if questions arise regarding updates or revisions to the operating documents. 10. Prior to each flight the PIC must inspect the UAS to ensure that it is in a condition for safe flight. Ifthe inspection reveals a condition that affects the safe operation of the UAS, the aircraft is prohibited from operating until the necessary maintenance has been performed and the UAS is found to be in a condition for safe flight. The Ground Control Station must be included in the preflight inspection. All maintenance and alterations must be properly documented in the aircraftrecords. 11. Any UAS that has undergone maintenance or alterations that affect the UAS operation or flight characteristics, e.g. replacement of a flight critical component, must undergo a functional test flight. 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 discrepancies, e.g. inoperable components, items, or equipment, not already covered in the relevant sections of the operatingdocuments. 13. The operator must follow the UAS manufacturer’s aircraft/component, maintenance, overhaul, replacement, inspection, and life limit requirements. 14. The operator must carry out its maintenance, inspections, and record keeping requirements, in accordance with the operating documents. Maintenance, inspection, alterations, and status ofreplacement/overhaul component parts must be noted in the aircraft records, including total time in service, description of work accomplished, and the signature ofthe authorized person returning the UAS to service. 15. Each UASs operated under this exemption must comply with all manufacturer Safety Bulletins. 16. The authorized person must make an entry in the aircraft record ofthe corrective action taken against discrepancies discovered between inspections. 17. The PIC must possess at least a private pilot certificate and at least a current third

- class medicalcertificate.18. The operator may not permit any PIC to operate unless the PIC meets theoperator’s

qualification criteria and demonstrates the ability to safely operate the UAS in a manner consistent with how the UAS will be operated under the exemption, including evasive and emergency maneuvers and maintainingappropriate distances from persons, vessels, vehicles and structures. PIC qualification 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 terms of the exemption. However, training operations may only be conducted during dedicated training sessions. During training, proficiency, and experience

-building flights, all persons not essential for flight operations are considered nonparticipants, and the PIC must operate the UA with appropriate distance from nonparticipants in accordance with 14 C.F.R. § 91.119. 19. UAS operations maynot be conducted during night, as defined in 14 C.F.R. § 61.1 20. All operations must be conducted under visual meteorological conditions (VMC). Ifflight at night is required, a special request will be made at the FAA office closest to proposed area ofoperations. Flights under special visual flight rules (SVFR) are notauthorized. 21. The UA may not operate within 5 nautical miles of an airport reference 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 is conducted in accordance with a NOTAM as required by the operator’s COA. The letter of agreement with the airport management must be made available to the Administrator uponrequest. 22. The UA may not be operated less than 500 feet below or less than 2,000 feet horizontally from a cloud or when visibility is less than 3 statute miles from the PIC. 23. If the UA loses communications or loses its GPS signal, it must return to a predetermined location within the planned operating area and land or be recovered in accordance with the operatingdocuments. 24. The PIC must abort the flight in the event of unpredicted obstacles or emergencies in accordance with the operating documents. 25. The PIC is prohibited from beginning a flight unless (considering wind and forecast weather conditions) there is enough power to fly at normal cruising speed to the intended landing point and land the UA with 25% battery power remaining. 26. The operator must obtain an Air Traffic Organization (ATO) issued Certificate of Waiver or Authorization (COA) prior to conducting any operations 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. 27. 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 have identification (N

- Number) markings in accordance with 14 C.F.R. part 45, Subpart C. Markings must be as large aspracticable. 28. Before conducting operations, the radio frequency spectrum used for operation and control of the UA must comply with the Federal Communications Commission (FCC) or other appropriate government oversight agency requirements. 29. The documents required fewer than 14 C.F.R. 91.9 and 91.203 must be available to the PIC at the Ground Control Station of the UAS any time the UAS is operating. These documents must be made available to the Administrator or any law enforcement official uponrequest.30. The UA must remain clear and yield the right of way to all manned aviation

operations and activities at alltimes. 31. The UAS maynot be operated by the PIC from any moving device or vehicle. 32. Flight operations must be conducted at least 500 feet from all nonparticipating persons (persons other than the PIC, SO, operator trainees or essential persons), vessels, vehicles, and structuresunless:
a. Barriers or structures are present that sufficiently protect nonparticipating persons from the UA and/or debris in the event of an accident. The operator must ensure that nonparticipating persons remain under such protection. Ifa situation arises where nonparticipating persons leave such protection and are within 500 feet of the UA, flight operations must cease immediatelyand/or; b. The aircraft is operated near vessels, vehicles or structures where the owner/controller of such vessels, vehicles or structures has granted permission and the PIC has made a safety assessment of the risk of operating closer to those objects and determined that it does not present an undue hazard, and;
c. Operations nearer to the PIC, SO, operator trainees or essential persons do not present an undue hazard to those persons per § 91.119(a). 33. All operations shall be conducted over private or controlled

-access property with permission from the land owner/controller or authorized representative. Permission from land owner/controller or authorized representative will be obtained for each flight to beconducted. 34. Any incident, accident, or flight operation that transgresses the 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) within24 hours. Accidents must be reported to the National Transportation Safety Board (NTSB) per instructions contained on the NTSB Web site: www.ntsb.gov
.
**2. Reasons**  **Why An**  **Exemption From**  **The Requirements**  **Of Section**  **61.113(a) And (b) Would Not Adversely Affect** **Safety.** AFS TRAINING, LLC submits that the equivalent level of safety established by Section 61.113(a) and (b) will be maintained because no PIC will be allowed to operate the DJI P3 UAS unless that PIC has demonstrated, by meeting minimum flight

-hour and currency requirements, that the PIC is able to safely operate the DJI P3 UAS in amanner consistent with the exemption, including evasive and emergency maneuvers and maintaining appropriate distances from people, vessels, vehicles and structures. Considering AFS TRAINING, LLC proposed area of operations, and the operating limitations set forth

-above; the parallel nature of sport pilot aeronautical knowledge requirements to those of commercial pilot requirements (see exemption No. 11062) and the airmanship skills necessary to safely operate the DJI P3 UAS, AFS TRAI NI NG, LLC submits that the additional manned airmanship experience ofa commercially certificated pilot would not correlate to the airmanship skills necessary for AFS TRAINING, LLC specificproposed flightoperations.

The FAA has previously granted relieffrom Section 61.113(a) and (b) specific 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, 11110, 11112, 11136, 11138, 11150, 11153, 11156, 11158, 11159, 11160, 11161). AFS TRAINING, LLC will not allow any PIC to operate the DJI P3UAS unless that PIC has demonstrated, bymeeting minimum flight

-hour requirements or the DJI P3 UAS training and currencyrequirements, that the PIC is able to safelyoperate the DJI P3 UAS in a manner consistent with this exemption, including evasive and emergencymaneuvers and maintaining appropriate distances from people,vessels, vehicles andstructures. Specifically, the PIC must have accumulated and logged, in a manner consistent with 14 C.F.R. § 61.51(b), 25 hours of total time as a UAS rotorcraft pilot (with aminimum of 5 hours of those hours as a UAS pilot operating the same make and model of UAS to be used for operations under the exemption). In addition to the hour requirements, the PIC must accomplish 3 takeoffs and landings in the preceding 90 days (for currencypurposes). As in Exemption Nos. 11062, 11138, and 11153, prior documented flight experience that
was obtained in compliance with applicable regulations will ensure an equivalent level of safety during AFS TRAINING, LLC proposed operations. The Administrator has held that prior documented flight experience that was obtained in compliance with applicable regulations would ensure safe operations, stating as follows: In Exemption No. 11062, the FAA required that prior to conducting 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 hours of total time as a UAS rotorcraft pilot including at least 10 hours logged as a UAS pilot with a multi

-rotor UAS. Prior to operations under Exemption No. 11062, the PIC must also have accumulated and logged a minimum of 5 hours as a UAS pilot operating the same make and model of UAS to be used for operations under the exemption. For clarification, the FAA considers these minimum hour requirements to be inclusive rather 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 ofUAS rotorcraft time. In addition to the hour requirements, the PIC must accomplish 3 takeoffs and landings 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 petitioner’s proposed 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 grant of exemption to accomplish the required flight time. During training, proficiency, and experience

-building flights the PIC is required to operate the UA with appropriate distances in accordance with 14 C.F.R91.119.Exemption No. 11138 at page 15.

Accordingly, AFS TRAINING, LLC, will ensure safe operations by not allowing any PIC to operate the DJI P3 UAS unless that PIC has demonstrated, by meeting minimum flight

-hour and currency requirements, that the PIC is able to safely operate the DJI P3 UAS in a manner consistent with the exemption, including evasive and emergency maneuvers and maintaining appropriate distances from people, vessels, vehicles and structures. **3. Reasons**  **Why An**  **Exemption From**  **The Requirements**  **Of Section**  **91.7(a) Would Not Adversely Affect**  **Safety.** The equivalent level of safety established by Section 91.7(a) will be maintained because prior to every flight, AFS TRAI NI NG, LLC will ensure that the DJI P3 UAS is in an airworthy condition based upon the UAS’s compliance with its operating documents and as stated in the conditions and limitations herein. Additionally, the FAA has previously granted relief from Section 91.7(a) specific 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, 11110, 11112, 11136, 11138, 11150, 11153, 11156, 11157, 11158, 11159, 11160, 11161). **4. Reasons**  **Why An**  **Exemption From**  **The Requirements**  **Of Section**  **91.121 Would Not Adversely Affect**  **Safety.** The equivalent level of safety established by Section 91.121 will be maintained because the altitude information of the DJI P3 UAS will be provided to the PIC via GPS equipment and a radio communications telemetry data link, which downlinks from the UAS to the GCS for active monitoring ofthe flight path and altitude. This altitude information, combined with AFS TRAINING, LLC’s operation ofthe DJI P3 UAS within visual line ofsight, at or below 400 feet AGL, will ensure a level of safety equivalent to Section 91.121. The altitude information will be generated by GPS equipment installed onboard the aircraft. Prior to each flight, a zero altitude initiation point is automatically established by the UASs at ground level. The FAA has previously granted relief from Section 91.121 specific 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**  **91.151(b) Would Not Adversely Affect**  **Safety.** A grant of this exemption would ensure an equivalent level of safety established by 14C.F.R. Section 91.151(b) as a result of (1) the technical specifications ofthe DJI P3 UAs; (2)

the limitations on the proposed flight operations; and (3) the location ofthe proposed flight operations. Accordingly, AFS TRAINING, LLC, will ensure that it will safely operate the battery powered DJI P3 UA during daylight hours in VFR conditions, with enough battery power to fly for a total duration of 15 minutes to the first point ofintended landing and, assuming normal cruising speed, to fly after that for at least 5 minutes. Here, as in Exemption No. 11109, the technical specifications of the DJI P3 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. Section 91.151(b). Furthermore, safety will be ensured as the DJI P3 UAS provide audible and visual warnings to the PIC at the GCS when the UAs experiences low battery voltage, the first warning occurring at approximately 33% remaining battery power, and again atapproximately 10% remaining battery power. At the critically low battery level, the DJIP3 UAS will return to its launch point and land automatically
. Significantly, previous exemptions granted by the FAA concerning Section 91.151 establish that safety is not adversely affected when the technical characteristics and operating limitations ofthe UAS are considered. Reliefhas 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 presented herein (e.g. Exemption Nos. 8811, 10808, 10673, 11042, 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110, 11136, 11138, 11150, 11153, 11156, 11157, 11158, 11159, 11160, 11161). **6. Reasons Why An Exemption From The Requirements Of** **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, AFS TRAINING, LLC submits that the equivalent level of safety with regard to the regulatory maintenance 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 AFS TRAINING, LLC will use trained technicians to perform maintenance, alterations, or preventive maintenance on the UAS using the methods, techniques, and practices prescribed in the operating documents (i.e., the DJI P3 Operating Manual, Maintenance Log)
. Furthermore, AFS TRAINING, LLC will document and maintain allmaintenance records for the DJI P3 UAS.

Since the DJI P3 UAS will be inspected as prescribed by the operating documents, AFS TRAINING, LLC will maintain the equivalent level of safety established by Sections 91.405(a), 91.409(a)(1), and 91.409(a)(2). A link to the DJI P3 User Manual is attached hereto as Exhibit B; a copy of the DJI P3 UAS Maintenance Log is attached hereto as Exhibit C
. Likewise, the exemption sought will not adversely affect safety because AFS TRAINING, LLC will only allow trained personnel to perform maintenance, alterations or preventive maintenance on the UAS using the methods, techniques, and practices prescribed by the operatingdocuments. 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 maintenance ofthe DJI P3 UAS will be performed by trained technicians. Maintenance will be documented and maintained utilizing the monthlymaintenance log. Significantly, previous exemptions granted by the FAA concerning Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b) establish that safety is not adversely affected when the technical characteristics and operating limitations of the UAS are considered. In consideration of AFS TRAINING, LLC proposed operating limitations, the operating documents, and the technical aspects ofthe DJI P3 UAS, AFS TRAINING, LLC 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 granted relief specific 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, 11110, 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 Reform Act of 2012 (FMRA) and 14 C.F.R. § 21.16 entitled Special Conditions, AFS TRAI NING, LLC requests that the FAA prescribe special conditions for the intended operation of the DJI P3 UAS, which contain such safety standards that the Administrator finds necessary to establish a level of safety equivalent to that established 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 photographyover certain areas of the United States for compensation or hire. FMRA Section 333 sets forth the requirements for considering whether a UAS will create a hazard to users of the NAS or the public, or otherwise pose a threat to national security; and further, provides the authority for such UAS to operate without airworthiness certification in accordance with any requirements that must be established for the safe operation ofthe UAS in the NAS. Likewise, the Administrator may prescribe special conditions pursuant to 14 C.F.R. § 21.16, for operation ofthe DJI P3 UAS, since the airworthiness regulations of 14 C.F.R. Part 21 do not contain adequate or appropriate safety standards, due to the novel or unusual design features ofthe aircraft. Section 21.16, entitled Special Conditions, states the following:

Ifthe FAA finds that the airworthiness regulations ofthis subchapter do not contain adequate or appropriate safety standards for an aircraft, aircraft engine, or propeller because of a novel or unusual design feature of the aircraft, aircraft engine or propeller, he prescribes special conditions and amendments thereto for the product. The special conditions are issued in accordance with Part 11 of this chapter and contain such safety standards for the aircraft, aircraft engine or propeller as the FAA finds necessary to establish a level ofsafety equivalent to that established inthe 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 AFS TRAINING, LLC’s intended operation of the DJI P3 UAS, which contain such safety standards that the Administrator finds necessary to establish
a level of safety equivalent to that established by 14 C.F.R. Part 21, Subpart H, and 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). **F. A**  **Summary That**  **Can Be**  **Published In**  **The Federal**  **Register, stating:**  **The Rules**  **From Which AFS TRAINING, LLC Seeks Exemption:**  AFS TRAINING, LLCseeks exemptionfrom the requirements of14 C.F.R Sections 61.101(e)(4) and (5), 61.315(a), 61.23(a), 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 Nature**  **Of The**  **Exemption AFS TRAINING, LLC**  **Seeks:** This exemption willpermitAFS TRAINING, LLC to commercially operate an Unmanned Aircraft System (UAS)for the purpose ofconducting aerial video andphotography over certain areas of the UnitedStates. **G. Any**  **Additional Information,**  **Views, Or**  **Arguments Available**  **To Support**  **AFS TRAINING, LLC**  **Request.**This Petition is made pursuant to the FAA Modernization and Reform Act of 2012

(FMRA) Section 333, which directs the Secretary of Transportation to determine if certain UAS may operate safely in the NAS. As such, AFS TRAI NI NG, LLC request for exemption may be granted pursuant to the authority of FMRA Section 333 and 14 C.F.R. Part 11, as set forthabove. FMRA Section 333 sets forth the requirements for considering whether a UAS will create
a hazard to users ofthe NAS or the public, or otherwise pose a threat to national security; and further, provides the authority for such UAS to operate without airworthiness certification. As discussed in detail above, AFS TRAINING, LLC will operate the DJI P3 UASs safely in the NAS, without creating a hazard to users ofthe NAS, or the public, or otherwise pose a threat to nationalsecurity. **CONCLUSION** As set forth herein, AFS TRAI NI NG, LLC seeks an exemption pursuant to 14 C.F.R § 11.61 and Section 333 of the FAA Modernization and Reform Act of 2012 (FMRA), which will permit safe operation of the DJI P3 UAS commercially, without an airworthiness certificate, for the limited purpose of conducting aerial video and photography over certain
areas ofthe United States. By granting this Petition, the FAA Administrator will be fulfilling the Congressional mandate of the FAA Modernization and Reform Act of 2012, while also advancing the interests of the public, by allowing AFS TRAINING, LLC to safely, efficiently, and economically operate the DJI P3 UAS commercially within the NAS. **WHEREFORE**, in accordance with the Federal Aviation Regulations and the FAA Modernization and Reform Act of 2012, Section 333, AFS TRAINING, LLC respectfully requests that the Administrator grant this Petition for an exemption from the requirements of 14 C.F.R Sections 61.101(e)(4) and (5), 61.315(a), 61.23(a), 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 AFS TRAINING, LLC to operate the DJI P3 UAS commercially f or the purpose of conducting aerial video and photography over areas of the UnitedStates.Dated: April 30, 2015

Respectfullysubmitted, Scott P. McCartt

AFS TRAINING, LLC PO Box 760396 San Antonio, TX 78245 Tel: (405) 922

-2348 Email: scott@afstraining.net Exhibits: A

– DJI P3 Specifications DataSheet B

– DJI P3 Manufacturer’s UserManual C

– DJI P3 Maintenance LogEXHIBIT

–A **DJI P3**  **Specifications Data Sheet**

**Aircraft** Weight (Battery

& Propellers Included) 1280 g Max. Ascent Speed 5 m/s Max. Descent Speed 3 m/s Max. Speed 16 m/s (ATTI mode, no wind) Max. Flight Altitude 6000 m Max. Flight Time Approximately 23 minutes Operating Temperature 0°C to 40°C GPS Mode GPS/GLONASS Gimbal Controllable Range Pitch:

- 90° to + 30° Vision Positioning Velocity Range < 8 m/s (2 m above ground) Altitude Range 30 cm
-300 cm Operating Range 30 cm
-300 cm Operating Environment Brightly lit (lux > 15) patterned surfaces
**Remote Controller** Operating Frequency 2.400 GHz
-2.483 GHz Transmitting Distance 2000 m (Outdoor And Unobstructed) Video Output Port USB Operating Temperature Range 0°C
- 40°C Battery 6000 mAh LiPo 2S Mobile Device Holder Tablets and smartphones Transmitter Power(EIRP) FCC: 20 dbm; CE:16 dbm Working Voltage 1.2 A @7.4 VEXHIBIT

– B**Exhibit B DJI**  **P3 Manufacturer’s User** **Manual** User’s Manual can be found at http://download.dji

innovations.com/downloads/phantom_3/en/Phantom_3_Professional_User_Manual_v1.2_e n.pdf**Exhibit**

**– C**  **Maintenance Log**

**Maintenance Log**  **For DJI**  **Phantom 3**  **Professional** Date Discrepancy Corrective Action Signature