1

August, 13 2015

Attn: U. S. Department of T ransportation Docket Operations West Building Ground Floor, Room w12

- 140 1200 New Jersey Ave, SE Washington, DC 20590

RE: MORELLI PHOTOGRAPHY INC REQUEST AN EXEMPTION FROM THE REQUI REMENTS OF TITLE 14 OF THE CODE OF FEDERAL REGULATIONS 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) CONCERNING COMMERCIAL OPERATION OF DJI Phantom
1 UNMANNED AIRCRAFT SYSTEM PURSU ANT TO SECTION 333 OF THE FAA MODERNIZATION AND REFORM ACT OF 2012 (PUBLIC LAW 112

-95)

Anthony Morelli President Morelli Photography Inc 352. S. River Rd. Naperville, IL 60540
815

-488

-6373 Morelliphotographyil@gmail.com2

TABLE OF CONTENTS Page
GLOSSARY OF ABBREVIATIONS...................................................................................3
SUMMARY...................................................................................................................... .....4
INTRODUCTION AND INTERE STS OF PETITIONER....................................................4
BACKGROUND................................................................................................................... .4
BASIS FOR PETITION....................................... ..................................................................5
NAME AND ADDRESS OF PETITIONER.........................................................................6
THE SPECIFIC SECTIONS OF 14 C.F.R. FROM WHICH MORELLI PHOTOGRAPHY INC
SEEKS EXEMPTION............................................................................................................7
THE EXTENT OF RELIEF THE MORELLI PHOTOGRAPHY INC SEEKS AND THE REASON THE
MORELLI PHOTOGRAPHY INC SEEKS THE RELIEF............................. .................................10
THE REASONS WHY GRANTING THE MORELLI PHOTOGRAPHY INC REQUEST WOULD BE
IN THE PUBLIC INTEREST ............................................................................................12
THE REASONS WHY GRANTING THE EXEMPTI ON TO THE MORELLI PHOTOGRAPHY INC
WOULD NOT ADVERSELY AFFECT SAFETY..............................................................14
SUMMARY THAT CAN BE PUBLISHED IN THE FEDERAL REGISTER................... 22 ANY ADDITIONAL INFORMATION, VIEWS, OR ARGUMENTS AVAILABLE TO
SUPPORT THE MORELLI PHOTOGRAPHY INC REQUEST.................................................. 22
CONCLUSION...................................................................................................................

.. 22
APPENDICES..............................

........................................................... 233

**GLOSSARY OF ABBREVIATIONS**
AGL Above Ground Level
AOI Area of Interest
ATC Air Traffic Control
ATO Air Traffic Organization
AV Aerial Vehicle
CFR Code of Federal Regulations
COA Certificate of Authorization
FAA Federal Aviation Administration
FAR Federal Aviation Regulation
GCS Ground Control Station
GPS Global Positioning System
LOL Loss of Link
NAS National Airspace System
NOTAM Notice to Airman
PIC Pilot In Command
Section 333 FAA Modernization and Reform Act of 2012 (FMRA)
SO Safety Observer
SOP Standard Operating Procedures
UA Unmanned Aircraft
UAS Unmanned Aircraft System
VFR Visual Flight Rules
VLOS Visual Line of Site
VMC Visual Meteorological Conditions
VTOL Vertical Takeoff and Landing4

**SUMMARY** Morelli Photography INC hereafter referred to as The MORELLI PHOTOGRAPHY seeks exemption from the requirements of 14 C.F.R §§ 61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b), to operate an Unmanned Aircraft System (DJI Phantom 3) pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (FMRA). This exempti on will permit MORELLI PHOTOGRAPHY to operate an Unmanned Aircraft System (UAS ) for the commercial purpose of conducting aerial video and photography of construction sites, residential and commercial real estate, civil landscapes, events over certain areas of the United States, and aerial photography for business owners property

. **INT RODUCTION AND INTERESTS OF THE PETITIONER** 
MORELLI PHOTOGRAPHY has for over four years provid ed their clients (which include private se ctor businesses and non

- profits) with expertise and knowledge in video and multimedia marketing, photography, ad vertising, & public relations

. MORELLI PHOTOGRAPHY has worked on hundreds of productions over the past 4 years in all types of locations with a perfect client safety record. In the past we have suppli ed our client’s virtual tour photography using the Google API Stre et View technology . The objective of MORELLI PHOTOGRAPHY and our Unmanned Aircraft System (DJI Phantom 3) aerial operations i s to provide a more affordable, high

- quality production system for a variety of commercial, public, and residential uses, specifically targeting • Construction sites before and after • Appraisals • Real

-estate marketing • Economic development • Civic landmarks • Special event coverage

• Aerial Videos of businesses such as car dealerships and Golf Courses President Anthony Morelli has safely flown the DJI Phantom drone quadcopter recreationally.

**BACKGROUND** Unmanned Aircraft Systems: DJI Phantom 3, UAS
MORELLI PHOTOGRAPHY seeks an exemption to o perate DJI Phantom 3 system for compensation or hire within the NAS. The DJI Phantom 3 is vertical takeoff and landing (VTOL) Unmanned Aircraft (UA) with a Ground Control Sta tion (GCS) utilizing electronic tablet or smart phone systems. The DJI Phantom 3 has a maximum gross weight of app roximately 2.8 lb. while having a diagonal dimensi on of 23.2”, a maximum speed of approximately 16.4’fps and a maximum flying height of 400' . The DJI Phantom 3 is equipped with four main rotors; driven by Lithium Polymer battery powered electric motors.
T he DJI Phantom 3 that will be operated by MORELLI PHOTOGRAPHY will be registered in accordance with 49 U.S.C. 44103, Registration of Aircraft, as wel l as 14 C.F.R Part 47, Aircraft Registration, and marked in accordance with 14 C.F.R. Part 45, Identificati on and Registration Marking.5

**BASIS FOR PETITION** Petitioner, MORELLI PHOTOGRAPHY, 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 Phantom 3, UAS in the National Airspace System (NAS), and for an exemption from the requirements of 14 C.F .R §§ 61.113(a) & (b), 91.7(a), 91.121, 91.151(b) , 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b). In consideration of the speed, weight, size, and limited ope rating area associated with the unmanned aircraft and its operation, MORELLI PHOTOGRAPHY operation of DJI Phantom 3 UAS meets the conditions of FMRA Section 333 and therefore, will not require an airworthines s certificate in accordance with 14 C.F.R. Part 21, Subpart H. Accordingly, MORELLI PHOTOGRAPHY requests relief from Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b), as these sections set forth requirements for maintenance that only apply to aircraft with an airworthiness certificate.
MORELLI PHOTOGRAPHY submits that the requested relief is proper since an equivalent level of safety will be ensure d. MORELLI PHOTOGRAPHY wi ll use experienced personnel or technicians to perform maintenance, alterations, or preventive m aintenance on the UAS using the methods, techniques, and practices prescribed in the ope rating documents (i.e., Monthly Maintenance Log, and DJI Phantom 3 Instruction Manual ). Furthermore, MORELLI PHOTOGRAPHY will document and maintain all maintenance records for the DJI Phantom 3 UAS. Relief from certain requirements of Section 61.113(a) and (b), en titled Private pilot privileges and limitations: Pilot in command, is requested by MORELLI PHOTOGRAPHY to the extent necessary to allow a Pilot in Command (PIC) holding a private pilot or higher level certificate, as well as an airman medical certificate, and who has demonstrated, by meeting minimum flight hour and currency requirements, that the PIC is able to safely o perate the DJI Phantom UAS in a manner consistent with this exemption, including evas ive and emergency maneuvers and maintaining appropriate distances from people, vessels, vehicles and structures.
MORELLI PHOTOGRAPHY seeks relief from Section 9 1.7(a), entitled Civil aircraft airworthiness, because the DJI Phantom 3 UAS do not require an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H. As such, MORE LLI PHOTOGRAPHY submi ts that they will ensure that the DJI Phantom 3 UAS is in an airworthy condition, prior to every flight, by determining that the UAS are in compliance with the operating documents (i.e., Monthly Maintenance Log, and DJI Phantom 3 Instr uction Manual), and t hat the aircraft are in a condition for safe flight.
MORELLI PHOTOGRAPHY also seeks an exemption from the requirements of Section 91.121, entitled Altimeter Settings, as the DJI Phantom 3 UAS wil l not have a typical barometric altimeter onboard. However, altitude information of the DJI Ph antom 3 UAS will be provided to the PIC via Global Positioning System (GPS) equipment and radio communications telemetry data link, which downlinks from the UA to the GCS for active moni toring of the flight path. This altitude information, combined with MORELLI PHOTOGRAPHY’S operation of the DJI Phantom 3 UAS within visual line of sight, at or below 400 feet AGL, will ensure a level of safety equivalent to Section 91.121. Additionally, MORELLI PHOTOGRAP HY seeks an exemption from the requirements of Section 91.151(b), entitled Fuel requirements for flight in VFR conditions. MORELLI PHOTOGRAPHY submits that safety will not be affected by operation of the DJI Phantom 3 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 approxim ately 23 minutes. Battery power indicators are also able to show exactly how much battery power is left, as well as how much tim e is needed to return safely back to point of take off.6

In accordance with 14 C.F.R. § 11.81, MORELLI PHOTOGRAPHY provides the following information in support of its petition for exemption:

**A. Name And Address Of The Petitioner.** The name and address of t he Petitioner and point of contact is:

Anthony Morelli President
MORELLI PHOTOGRAPHY INC 352 S. River Rd. Naperville IL 60540
815

-488

-6373 morelliphotographyil@gmail.com7

**B. The Specific Sections Of 14 C.F.R. From Which MORELLI PHOTOGRAPHY Seeks**  **Exemption.**

**1. MORELLI PHOTOGRAPHY Seeks Exemption F**  **rom The Requirements Of Section 61.113(a) And (b).** 

Section 61.113, entitled Private pilot privileges and limitations: Pilot in command, subsections (a) and (b) prescribe the following, in relevant part: (a) No person who holds a private pilot certificate may act as a pilot in command (PIC) of an aircraft that is carrying passengers or property for compensation or hire; nor may that person, for compensation or hire, act as PIC of an aircraft. (b) A private pilot may, for compensation or hire, act as PIC of an aircraft in connection with any 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.

**2. MORELLI PHOTOGRAPHY**  **Seeks Exemption F rom 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 airworthy condit ion.

**3. MORELLI PHOTOGRAPHY**  **Seeks Exemption F rom 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 of that aircraft, as the case may be, by reference to an altimeter that is set, when operating

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

--

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

**4. MORELLI PHOTOGRAPHY**  **Seeks Exemption F rom The Requirements Of Section**  **91.151(b).** Section 91.151, entitled Fuel requirements for flight in VFR conditions, subsection ( b), states the following:8

(b) No person may begin a flight 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 20 minutes.
**5. MORELLI PHOTOGRAPHY**  **Seeks Exemption From The Requirement Of Section**  **91.405(a).** Section 91.405, entitled Maintenance required, subsection (a), states the following: Each owner or operator of an aircraft

— (a) Shall have that aircraft inspected as prescribed in subpart E of this part and shall between required inspections, except as provided in paragraph (c) of this section, have discrepancies repaired as prescribed in part 43 of this chapter[.]

**6. MORELLI**  **PHOTOGRAPHY Seeks Exemption F**  **rom 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 aircra ft that has undergone maintenance, preventive maintenance, rebuilding, or alteration unless

-- (1) It has been approved for return to service by a person authorized under § 43.7 of this chapter[.]
**7. MORELLI PHOTOGRAPHY**  **Seeks Exemption Fr om The Requirements**  **Of Sections 91.409(a)(1) And**  **91.409(a)(2).** Section 91.409, entitled Inspections, subsection (a), states the following: (a) Except as provided in paragraph (c) of this section, no person may operate an aircraft unless, within the preceding 12 calendar mont hs, it has had

-- (1) An annual inspection in accordance with part 43 of this chapter and has been approved for return to service by a person authorized by § 43.7 of this chapter; or (2) An inspection for the issuance of an airworthiness certificate in accordance with part 21 of this chapter.

**8. MORELLI PHOTOGRAPHY**  **Seeks Exemption Fr om The Requirements Of Sections**  **91.417(a) And 91.417(b).**  Section 91.417, entitled Maintenance records, sub sections (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 of the maintenance, preventive maintenance, and alteration and records of the 100

- hour, annual, progressive, and other required or approved inspections, as appropriate, for each aircraft (including the airframe) and eac h engine, propeller, rotor, and appliance of an 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; and9

(iii) The signature, and certificate number of the person approving the aircraft for return to service. (2) Records con taining the following information: (i) The total time in service of the airframe, each engine, each propeller, and each rotor. (ii) The current status of life

- limited parts of each airframe, engine, propeller, rotor, and appliance. (iii) The time since last overhaul of all items installed on the aircraft which are required to be overhauled on a specified time basis. (iv) The current inspection status of the aircraft, including the time since the last inspection required by the inspection program under wh ich the aircraft and its appliances are maintained. (v) The current status of applicable airworthiness directives (AD) and safety directives including, for each, the method of compliance, the AD or safety directive number and revision date. If the AD or sa fety directive involves recurring action, the time and date when the next action is required. (vi) Copies of the forms prescribed by § 43.9(d) of this chapter for each major alteration to the airframe and currently installed engines, rotors, propellers, an d appliances. (b) The owner or operator shall retain the following records for the periods prescribed: (1) The records specified in paragraph (a)(1) of this section shall be retained until the work is repeated or superseded by other work or for 1 year af ter the work is performed. (2) The records specified in paragraph (a)(2) of this 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.10

**C. The Extent Of Relief MORELLI PHOTOGRAPHY**  **Seeks And The Reason MORELLI PHOTOGRAPHY**  **Seeks The Relief. 1. Extent Of Relief**  **MORELLI PHOTOGRAPHY**  **Seeks And The Reason MORELLI PHOTOGRAPHY**  **Seeks Relief From Section 61.113(a) And (b).**  Relief from Section 61.113(a) and (b) entitled Private pilot privi leges and limitations: Pilot in command, is requested to the extent necessary to allow a PIC ho lding a private pilot or higher level certificate, as well as a current and valid airman medical certificate, and who has met certain flight

- hour and currency requirements, to conduct the pro posed UAS flight operations for compensation or hire. This rel ief 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 of an aircraft in connection with any business or employment if: (1) The flight is only incidental to t hat bu siness or employment; and (2) The aircraft does not carry passengers or property for compensation or hire. As set forth more fully below, MORELLI PHOTOGRAPHY subm its that an equivalent level of safety will be maintained because no PIC will be allowed to operate the DJI Phantom 3 UAS unless that PIC has met certain flight

- hour and currency requirements, demonstrating th at the PIC is able to safely operate either the DJI Phantom 3 UAS in a manner consistent with the operations specifications as described in this exemption, including evasive and emergency maneuvers, as well as maintaining appropriate distances from people, vessels, vehicles and structures. Further, MORELLI PHOTOGRAPHY submits that all fl ights of the DJI Phantom 3 UAS, conducted by the PIC p ursuant to the grant of this Petition: (1) will be incidental to MORELLI PHOTOGRAPHY’S business; and (2) will not carry passengers or property for compensation or hire.11

**2. Extent Of Relief MORELLI PHOTOGRAPHY**  **Seeks And The Reason MORELLI PHOTOGRAPHY**  **Se eks**  **Relief From Section 91.7(a).** Relief from Section 91.7(a) entitled Civil aircraft airworthin ess, is requested to the extent required to allow MORELLI PHOTOGRAPHY to determine th at the DJI Phantom 3 UAS are in airworthy condition prior to every flight by ensuring that the UAS is in co mpliance with the operating documents (i.e., the MORELLI PHOGORAPHY Ae rial Operations Manual, Monthly Maintenance Log, and DJI Phantom 3 Instruction Manual).
MORELLI PHOTOGRAPHY seeks the requested relief becau se the DJI Phan tom 3 UAS do not require an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H. Therefore, MORELLI PHOTOGRAPHY will ensure that the DJI Phantom 3 UAS are in airworthy condition based upon its compliance with the operating docum ents ( i.e., Monthly Maintenance Log, and DJI Phantom 3) prior to every flight, and further, determine that the aircraft are in condition for safe flight, as stated in the conditions and limitations below.

**3. Extent Of Relief MORELLI PHOTOGRAPHY**  **Seeks And The Re ason**  **MORELLI PHOTOGRAPHY Seeks**  **Relief From Section 91.121.** Relief from Section 91.121, entitled Altimeter settings, may be required to allow flight operations of the DJI Phantom 3 UAS, which utilize a barometric pressure sensor, GPS equipment, and a radio communications telemetry data link to downlink altitude information 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 ai r traffic control (ATC) in feet above ground level (AGL), MORELLI PHOTOGRAPHY seeks t he requested relief because the DJI Phantom 3 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 li mited altitude of the proposed operations, reli ef from 14 CFR 91.121 is sought to the extent necessary to comply with the applicable conditions a nd limitations stated below. As more fully set forth herein, an equivalent level of safety w ill be maintained s ince the DJI Phantom 3 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 of the UA on the heads

- up display of the GCS.

**4. Extent Of Relief MORELLI PHOTOGRAPHY**  **Seeks And The Reason MORELLI PHOTOGRAPHY**  **Seeks 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 ba ttery powered DJI Phantom 3 UAS during daylight hours in visual meteorological conditions ( VMC), under visual flight rules (VFR), for a total duration of 23 minutes. MORELLI PHOTOGRAPHY seeks the requested relief because without an exemption from Section 91.151(b), t he flight time duration of the battery powered DJI Phantom 3 UAS will severely constrain the p racticality of any aerial video or still photo flight operations that MORELLI PHOTOGRAPHY proposes to conduct pursuant to this Petition. Significantly, as set forth below, the technical specifications of the DJI Phantom 3 UAS, the DJI Phantom 3 operating documents, and MORELLI PHOTOGRAPHY proposed operating limitations, ensure that The MORELLI PHOTOGRAPHY will safely operate the battery powered DJI Phantom 3 UAS during daylight hours in visual meteoro logical conditions (VMC), under visual flight rules (VFR), with enough battery power to fly for a total duration of 23 minutes.12

**5. Extent Of Relief MORELLI**  **PHOTOGRAPHY Seeks And The Reason**  **MORELLI PHOTOGRAPHY Seeks**  **Relief From Sections 91.405(a), 91.40 7(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) onl y apply to aircraft w ith an airworthiness certificate, MORELLI PHOTORAPHY requests relief from these Sections because the DJI Phantom 3 UAS do not require airworthiness certificates. As set forth more fully below, the DJI Phantom 3 UAS meet the conditio ns of FMRA Section 333 for operation without an airworthiness certificate. Accordin gly, MORELLI PHOTOGRAPHY will use trained technicians to perform maintenance, alterations, o r preventive maintenance on the UAS using the methods, techniques, and practices prescribed in the UAS op erating documents (i.e., the MORELLI PHOTOGRAPHY Aerial Operations M anual, Monthly Maintenance Log, and DJI Phantom 3 Instruction Manual). Furtherm ore, MORELLI PHOTOGRAPHY will document and maintain all maintenance records for the DJI Phantom 3 UAS.

**D. Th e Reasons Why Granting**  **MORELLI PHOTOGRAPHY 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 MORELLI PHOTOGRAPHY to safely, efficiently, and economically perform aerial video and photography of construction sites, real estate, events and civic landscape over certain areas of the United States, and business photography

. Additionally, use of the DJI Phantom 3 UAS will decreas e congestion of t he NAS, reduce pollution, and provide significant benefits to the economy. Not ably, the benefits of MORELLI PHOTOGRAPHY’S proposed operation of the DJI Phantom 3 UAS will be realized without implicating any privacy issues.

**1. The Public Will Benefit From Decreased Congestion Of The NAS.**  The DJI Phantom 3 UAS are battery powered and serve as a safe, efficient, and economical alternative to the manned aircraft traditionally utilized to obtain a erial imagery. By reducing the amount of manned aircraft needed to perform aerial acquisitions, an exemption allowing the use of a DJI Phantom 3 UAS would reduce the amount of manned ai rcraft in the NAS, reduce noise and air pollution, as well as increase the safety of life and property in the air and on the ground. Furthermore, by reducing the number of manned aircraft o perating in the NAS, congestion around airports caused by arriving and departing aircraft will be reduc ed. The DJI Phantom 3 UAS do not require an airport to takeoff or land. Likewise, a reduction of manned 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 flight operations.13

**2. The Public Will B enefit From The Safety And Efficiency Of The DJI Phantom 3 UAS.**  Conducting aerial acquisitions with the DJI Phantom 3 UAS, i nstead of manned aircraft, will greatly benefit the public by drastically reducing the levels of ai r and noise pollution generated d uring traditional aerial video and still photography flight ope rations. By using battery power and electric motors, the DJI Phantom 3 UAS produce no air pollution, an d is the most viable environmentally conscious alternative to the cabin class, six cyli nde r internal combustion engine aircraft that are typically utilized for aerial video and photograp hy, while burning approximately 20

-30 gallons per hour of leaded aviation fuel. The DJI Ph antom 3 UAS, while reducing the carbon footprint of aerial acquisition s, also eliminates noise poll ution, as the UAS are propelled by battery powered electric motors, rather than an internal combustion engine. By using the DJI Phantom 3 UAS to perform aerial acquisitions, t he substantial risk to life and property in the air and on the ground, which is usually associated w ith traditional manned aircraft flight operations, will be substantially reduced or completely eli minated. Aside from the lack of flight crew members located onboard the aircraft, the DJI Phantom 3 UAS (weigh ing approximately 2.8 pounds at their maximum gross weight with diagonal dimension of 23.2 inches, and with no fuel on board), has less physical potential fo r collateral damage to life and property on the ground, and in the air, compared to the manned airc raft that typically conduct similar operations (weighing approximately 6,000 pounds with a wingspan of approximately 42 feet, a length of 34 feet, and a fuel capacity of 180 gallons).

**3. Performing Aerial Video and Photography Operat ions With The DJI Pha**  **ntom 3 UAS Will Benefit The**  **Economy.** In addition to being safe and efficient, the DJI Phant om 3 UAS are also an economical alternative to using manned aircraft to conduct similar aerial op erations. As such, operation of the DJI Phantom 3 UAS will allow Uni ted States based companies, like MORELLI PHOTOGRAPHY, to remain competitive and contribute to growth of the U.S. economy. Specifically, with the rising cost of aviation fuel and the Environmental Prote ction Agency (“EPA”) regulatory actions phasing out lea ded aviation fuels, U.S. owned and op erated companies must adopt new and alternative technology in order to remain competitive. Operating th e battery powered DJI Phantom 3 UAS is one such technology that not only allows companies greater operational flexib ility compared to manned aircraft, but provides su ch flexibility without the high operational cost of a traditional manned aircraft. By operating the DJI Phantom 3 UAS, companies suc h as MORELLI PHOTOGRAPHY, 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 th e DJI Phantom 3 UAS, provides a stable workforce that increases consumer spending; improve s 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.**
Simi lar to the manned aerial acquisition flight operations that have been conducted fo r decades MORELLI PHOTOGRAPHY’S proposed operation of the DJI Phantom 3 UAS will not implicate any privacy issues. Specifically, the DJI Phantom 3 UAS will be operated only i n compliance with operating documents (i.e., MORELI PHOTOGRAPHY Aerial Operations Manual, Monthly Maintenance Log, and DJI Phantom 3 Instruction Manual) which requires property owner involvement as well as local law14

enforcement notification, and in accorda nce with the Federal Aviation Regulations, including the minimum altitude re quirements of 14 C.F.R. § 91.119.

**E. The Reasons Why Granting The Exemption Would Not Adversely Affect Safety, Or**  **How The Exemption Would Provide A Level Of Safety**  **At Least Equa l To That Provided**  **By The Rule From Which MORELLI PHOTOGRAPHY**  **Seeks Exemption.**

**1. Reasons Why The DJI Phantom 3 UAS Meet The Conditions Of The FAA**  **Modernization and Reform Act of 2012 (FMRA) Section 333.**  In consideration of the size, weight, speed, and limited ope rating area associated with the unmanned aircraft and its operation, MORELLI PHOTOGRAPHY’S operation of the DJI Phantom 3 UAS meet the conditions of FMRA Section 333, and wi ll not require an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H. Section 333 provides authority for a UAS to operate without airwo rthiness certification and sets forth requirements for considering whether a UAS will create a ha zard to users of the NAS or the public, or otherwise pose a threat to nat ional security. Specifical ly, FMRA Section 333 states the following, in part: (a) In General.

-- Notwithstanding any other requirement of this subtitle, and not later than 180 days after the date of enactment of this Act, the Secretary of Transportation shall determine if certain unmanned aircraft systems may operate safely in the national airspace system before completion of the plan and rulemaking required by section 332 of this Act or the guidance required by section 334 of this Act. (b) Assessment of Unmanned Aircraft Systems.

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

-- (1) which types of unmanned aircraft systems, if any, as a result of their size, weight, speed, operational capability, proximity to airports and populated areas, and operation within visual line of sight do not create a hazard to users of the national airspace system or the publ ic or pose a threat to national security; and (2) whether a certificate of waiver, certificate of authoriza tion, or airworthiness certification under section 44704 of title 49, United States Code, is required for the operation of unmanned aircraft systems identified under paragraph (1). (c) Requirements for Safe Operation.

-- If the Secretary determines under thi s section that certain unmanned aircraft systems may operate safely in the national airspace system, the Secretary shall establish requirements for the safe operation of such aircraft systems in the national airspace system. In seeking this exemption, MORE LLI PHOTOGRAPHY sub mits that the DJI Phantom 3 UAS can operate safely in the NAS pursuant to FMRA Section 3 33, as demonstrated by: (a) the characteristics of the DJI Phantom 3 UAS; (b) the pilot certifi cation requirement; and (c) the specific operating lim itations. **a. The Specifications Of The DJI Phantom 3 UAS Demonstrate Its Safe Characteristics.** The DJI Phantom 3 UAS does not create a hazard to users of the NAS or the public, or otherwise pose a threat to national security considering its size, weight, s peed, and operational capability.15

**i. Technical Specifications Of The DJI Phantom 3 UAS.** The technical specifications of the DJI Phantom 3 UAS are set forth by the DJI Phantom 3 User Manual, attached hereto as Appendix A. **ii. The DJI Phantom 3 UAS Global P ositioning**  **Modes Enable The UAS To Remain Within A**  **Defined Operational Area.** The DJI Phantom 3 UAS may be operated in both manual and global positi oning flight modes. A complete description of the flight and navigational modes of th e DJI Phantom 3 UAS is p rovided at pages 11 of the DJI Phantom 3 User Manual attached hereto as Appendix A. **iii. The DJI Phantom 3 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, t he DJI Phantom 3 UAS will rema in stationary, in flight, for 3 seconds or more. If, after 3 seconds, the DJI Phantom 3 UAS does not reacquire contro l link data from the GCS, the UAS will assume that the Control Link is lost and the will return to the home position (i.e., failsafe mode) via GPS, and will descend to the takeoff position and shutdown.

A complete description of the Failsafe Functions of the DJI Phantom 3 UAS are set forth at pages 12 through 14 of the DJI Phantom 3 User Manual, attached hereto as Appendix A. **iv. The DJI Phantom 3 GCS And Its Operation.** A complete description of the operation and specifications of the DJI Phantom 3 GCS and flight control software is provided at pages 23 through 29 of the DJI Phantom 3 User Manual. DJI Phantom 3 User Manual is attached hereto as Appendix A. **b. Flight Operations Of DJI Phantom 3 UAS Is Li mited To The Line Of Sight Of A**  **Certificated Pilot in Command With A Safety Observer.** 
MORELLI PHOTOGRAPHY video production staff will be the on ly persons to act as a pilot in command (PIC) of the DJI Phantom 3 UAS. Additionally, a safety observer will assist him at all times during flight time. **c. Flights Of DJI Phantom 3 UAS Will Be Conducted Pursuant To Specific Operating**  **Limitations.** In seekin g this exemption, MORELLI PHOTOGRAPHY propo ses to commercially operate DJI Phantom 3 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. Op erations authorized by this grant of exemption will be limited to the following aircraft described in the operating documents, rotorcraft UAS weighing less than 55 pounds maximum gross weight: DJI Phantom 3 Unmanned Aircraft Systems. Proposed operations of any other aircraft will require a new petition or a petition to amend this grant. 2. UAS operations under this exemption will be limited to conducting operations for the purpose of aerial video and photography. 3. The UAS may not be flown at an indicated airspeed exceeding 20 knots. 4. The UA must be operated at an altitude of no more than 400 feet above ground level (AGL), as indicated by the procedures specified in the operating documents unless a special request is made and approved by ATC. All al titud es reported to ATC must be in feet AGL.16

5. The UAS must be operated within visual line of sight (VLOS) of the 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) is not permitted. 7. All operations must utilize a safety observer (SO). The SO may be used to satisfy the VLOS requirement as long as the P IC 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. Th e PIC must be designated before the flight and cannot transfer his or her de signation for the duration of the flight. The PIC must ensure that the SO can perform the functi ons prescribed in the operating documents. 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. I f a discrepancy exists between the conditions and limita tions 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 p recedence and must be followe d. 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 ope rator must also present updated and revised documents if it petitions for extensi on or amendment to the grant of exemption. If the operator determines that any upda te or revision would affect the basis upon which th e FAA granted the exemption, then the operator must petition for amendment to its grant of exemption. The FAA’s UAS Integration Office (AFS

-80) may be contacted if questions arise regarding update s or revisions to the operating documents. 10. Prior to each flight the PIC must inspect the UAS to ensure that it is in a condition for safe flight. If the inspection reveals a condition that affects the safe operation of the UAS, the aircraft is prohibited from operating unti l the necessary maintenance has been p erformed and the UAS is found to be in a condit ion for safe flight. The Ground Control Station must be included in the preflight inspection. All maintenance a nd alterations must be properly documented in the aircraft records. 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 cond ucts 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 operating documents. 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 docu ments. Maintenance, ins pection, alterations, and status of replacement/overhaul compo nent parts must be noted in the aircraft records, including total time in service, descriptio n of work accomplished, and the signature of the authorized person returning the UAS to service.
15. Each UAS operated under this exemption must comply with all manufacturer Safety Bulletins.17

16. The authorized person must make an entry in the aircraft record of the 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 medical certificate. 18. The operator may not permit any PIC to operate unless the PIC meets the operator’s qualification criteria and demonstrates the ability to safely operate the UAS in a manner consistent with how the UAS will b e operated under the exemption, including evasive and emergency maneuvers and maintaining appro priate distances from persons, vessels, vehicles and structures. PIC qua lification flight hours must be logged in a manner consistent with 14 C.F.R. § 61.51( b). Flights for the purposes of training the operator’s PICs are permitted under the terms of the exemption. However, training operations may only be cond ucted during dedicated training sessions. Du ring training, proficiency, and experience

- bu ilding 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. § 91.11 9. 19. UAS operations may not be conducted during night, as defined in 14 C.F.R. § 1.1. All operations must be conducted under visual meteorological conditio ns (VMC). If flight at night is required, a special request will be made at the FAA office closest to proposed area of operations. Flights under special vis ual flight rules (SVFR) are not authorized. 20. 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, an d 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 upon request. 21. 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. 22. 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 operating documents. 23. The PIC must abort the flight in the event of unpredicted obstacles or emergencies in accordance with the operating documents.
24. 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. 25. 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 accord ance with airspace requirements in the ATO issued COA including class of airspac e, altitude level and potential transpo nder requirements. 26. All aircraft operated in accordance with the exemption must be identified by serial number, registered in accordance with 14 C.F.R. part 47, and have identification (NNumber) markings in accordance with 14 C.F.R. pa rt 45, Subpart C. Markings must be as large as practicable. 27. Before conducting operations, the radio frequency spectrum used for operation and control of the UA must comply with the Federal Communications Commission (FCC) or other appropriate government oversight agency requirements. 28. 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 upon request.18

29. The UA must remain clear and yield the right of way to all manned aviation operations and activities at all times. 30. The UAS may not be operated by the PIC from any moving device or vehicle. 31. 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 structures unless: a. Barriers or structures are present that sufficiently protect nonparticipati ng persons from the UA and/or debris in the event of an accident. The operator must ensure that nonparticipating persons rem ain under such protection. If a situation arises where nonparticipating person s leave such protection and are within 500 feet of the UA, flight operations must cease immediately and/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). 32. All o perations 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 be conducted. 33. 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) wit hin 24 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 Requiremen ts Of Section 61.113(a) And (b) Would N**  **ot Adversely Affect Safety.** 
MORELLI PHOTOGRAPHY submits that the equivalent level of safety established by Section 61.113(a) and (b) will be maintained because no PIC will be all owed to operate the DJI Phantom 3 UAS unless that PIC has demonstrated, by meeting m inimum flight

- hour and currency requirements, that the PIC is able to safely operate th e DJI Phantom 3 UAS in a manner consistent with the exemption, including evasive and emergency maneuvers and maintain ing appropriate distances from people, vess els, vehicles and structures. Considering MORELLI PHOTOGRAPHY’S proposed area of operations, and the operating limitations set forth

-above; the parallel nature of private pilot aeronautical knowledge requirements to those of commercial pilot requirements (Se e Exemption No. 11062); and the airmanship skills necessary to safely operate the DJI Phantom 3 UAS, MORELLI PHOTOGRAPHY submits that the additional manned airmansh ip experience of a commercially certificated pilot would not correlate to the airmanship skills necessary for MORELLI PHOTOGRAPHY’S specific proposed flight operations. The FAA has previously granted relief from Section 61.113 (a) and (b) specific to UAS, in circumstances similar, in all material respects, to those presen ted herein (e.g. Exempt ion Nos. 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 111 10, 11112, 11136, 11138, 11150, 11153, 11156, 11158, 11159, 11160, 11161).19

MORELLI PHOTOGRAPHY will not allow any PIC to operate the DJI Phantom 3 UAS unless that PIC has demonstrated, by meeting minimum flight

- hour re quirements or the DJI Phantom 3 UAS training and currency requirements, that the PIC is able to s afely operate the DJI Phantom 3 UAS in a manner consistent with this exemption, including evasive and emergency maneuvers and mai ntaining appropriate distances from people, vessels, vehicles and structures. Specifically, the PIC must have accumulated and logged, in a man ner consistent with 14 C.F.R. § 61.51(b), 25 hours of total time as a UAS rotorcraft pilot (with a minimum of 5 ho urs 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 currency purposes ). As in Exemption Nos. 11062, 11138, and 11153, prior docume nted flight experience that was obtained in compliance with applicable regulations will ensure an equivalent level of safety during MORELLI PHOTOGRAPHY’S proposed operations. The Administrator ha s held that prior documented flight experience that was obtained in complia nce 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 mot ion 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. P rior 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 inclu sive rather than additive; i.e. 5 hours make and model time may be included in the 10 ho urs of multi

- rotor time and the 10 hours may be included in the total 25 hours of UAS roto rcraft time. In addition to the hour requirements, the PIC must accomplish 3 takeoffs a nd landings in the preceding 90 days (for currency purposes). The FAA finds tha t at a minimum, the flight

- hour requirements in Exemption No. 11062 are appropriate to practice and build proficiency in the ski lls 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 requirem ent. Training, proficiency, and experien ce building flights can also be conducted under the grant of exemption to accomplish the required flight time. During training, profi ciency, and experience

- building flights the PIC is required to operate the UA with appropriate distances in accordance with 14 C.F.R 91.119. Exemption No. 11138 at page 15. Accordingly, MORELLI PHOTOGRAPHY will ensure safe ope rations by not allowing any PIC to operate the DJI Phantom 3 UAS unless that PIC has demonstrat ed, by meeting minimum flight

- hour and currency requiremen ts, that the PIC is able to s afely operate the DJI Phantom 3 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 Ex emption From The Requiremen** **ts 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, MORELLI PHOTOGRAPHY will ensure that the DJI Phantom 3 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 Sect ion 91.7(a) specific to UAS, in circumstances sim ilar, in all material respects, to those presen ted 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).20

**4. Reasons Why An Exemption From The Requireme**  **nts 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 Phantom 3 UAS will be provid ed to the PIC via GPS equipment and a radio communications telemetry data link, which downl inks from the UA to the GCS for active monitoring of the flight path and altitude. This altitude information, combined with MORELLI PHOTOGRAPHY’S operation of the DJI Phantom 3 UAS within visual line of sight, at or below 500 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 automaticall y established by the UAS at ground level. The FAA has previously granted relief from Section 91.121 sp ecific 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, 111 38, 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 14 C.F.R. Section 91.151(b) as a result of (1) the technical specification s of the DJI Phantom 3 UAS; (2) the limitations on the proposed flight operations; and (3) the location of the proposed flight operations. Accordingly, MORELLI PHOTOGRAPHY will ensure that it will safely operate the battery powered DJI Phantom 3 UAS during daylight hours in VFR conditions, with enough battery power to fly for a total duration of 23 min utes. Here, as in Exemption No. 11109, the technical specification s of the DJI Phantom 3 UAS; the limitations on the proposed flight operations; and the location of the proposed operations, will ensure an equivalent level of safety established by 14 C.F.R. Section 91.151(b). Furthermore, safety will be ensured as the DJI Phantom 3 UAS provide audible and visual warnings to the PIC at the GCS when the UAS experiences low battery voltage, the first warning occurring at approximately 33% remaining battery powe r, and again at approximately 10% remaining battery power. At the critically low battery level, the DJI Phan tom 3 UAS will descend and land automatically. Significantly, previous exemptions granted by the FAA concerning Section 91.151 establi sh that safety is not adversely affected when the technical characteristics a nd operating limitations of the UAS are considered. Relief has been granted for manned aircraft to operate at less than the minimums prescribed in Section 91.151, including Exempt ion 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, 110 66, 11067, 11080, 11109, 11110, 11136, 11138, 11150, 11153, 11156, 11157, 11158, 11159, 11160, 11161).

**6. Reasons Why An Exemption Fr om The Requirements Of Sections**  **91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), And 91.417(a) & (b) Would**  **Not Adverse ly**  **Affect Safety.** In seeking this exemption, MORELLI PHOTOGRAPHY submi ts that the equivalent level of safety with regard to the regulatory maintenance and alterat ion requirements established by Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 9 1.4 17(a) & (b) will be met because MORELLI PHOTOGRAPHY will use trained technicians to pe rform maintenance, alterations, or preventive maintenance on the UAS using the methods, techniques, and practices prescribed in the operating documents (i.e., MORELLI PHOTOGRAPHY Aerial Operations Manual, Monthly Maintenance Log, and DJI Phantom 3 Instruction21

Manual). Furthermore, MORELLI PHOTOGRAPHY will document and maintain all maintenance records for the DJI Phantom 3 UAS. Since the DJI Phantom 3 UAS will be inspect ed as prescribed by the operating documents, MORELLI PHOTOGRAPHY will maintain the equivalent level of safety established by Sections 91.405(a), 91.409(a)(1), and 91.409(a)(2). A copy of the DJI Phantom 3 User Manuals are attached hereto as Appendix A and B; a copy of the DJI P hantom 3 UAS Maintenance LOG is attached hereto as Appendix C. Likewise, the exemption sought will not adversely affect safety because MORELLI PHOTOGRAPHY will use trained technicians to perform maintenance, alterations or preventive maintenance on the UAS using the methods, techniques, and practices prescribed by the operating documents. Furthermore, the exemption sought would maintain an equivalent level of safety established by Sections 91.407, 91.417(a) and 91.417(b), because all maintenance of the DJI Phantom 3 UAS will be performed by trained technicians. Maintenance wi ll be documented and maintained utilizing the monthly maintenance log. Significantly, previous exemptions granted by the FAA concerning Sect ions 91.405(a), 91.407( a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b) establi sh that safety is not adversely affected when the technical characteristics and operating limitations of the UAS are considered. In consideration of MORELLI PHOTOGRAPHY’S proposed opera ting limitati ons, the operating documents, and the technical aspects of the DJI Phantom 3 UAS, MORELLI PHOTOGRAPHY 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, 11 150, 11153, 111 56, 11157, 11158, 11159, 11160, 11161).

**7. The FAA May Prescribe Any Other Conditions For Safe Operation.** In accordance with Section 333 of the FAA Modernizatio n and Reform Act of 2012 (FMRA) and 14 C.F.R. § 21.16 entitled Special Conditio ns, MORELLI PHOTOGRAPHY requests that the FAA prescribe special conditions for the intended operation of the DJI Phantom 3 UAS, which contain such safety standards that the Administrator finds ne cessary to establish a level of safety equivalent to that established by 14 C.F.R. Part 21, Subpa rt 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 purpo se of conducting aerial video and photography over certain areas of the United States for compensation or hire. FMRA Section 333 sets forth the require ments for considering whether a UAS will create a hazard to users of the NAS or the public, or othe rwise 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 of the UAS in the NAS. Likewise, the Adm inistrator may prescribe special conditions pursuant to 14 C.F.R. § 21.16, for operation of the DJI Phantom 3 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 of the aircraft. Section 21.16, entitled Special Conditions, states the following: If the FAA finds that the airworthiness regulations of this subchapter do not contain adequate or appropriate safety standards for an aircraft, aircraft eng ine, 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,22

aircraft engine or propeller as the FAA finds necessary to establish a level of safety equivalent to that established in the 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 Leading Edge’s intended operation of the DJI Phantom 3 UAS, which contain such safety standards that the Administrator finds necessary to establish a l evel of safety equivalent to that established by 14 C.F.R. Part 21, Su bpart 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). **• A Summary That Can Be Published In The Federal Register, statin g: The**  **Rules From Which MORELLI PHOTOGRAPHY**  **Seeks Exemption:**

MORELLI PHOTOGRAPHY seeks exemption from the requirements of 14 C.F.R Sections 61.113(a)&(b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b).
**A B rief Description Of The Nature Of The**  **Exemption MORELLI PHOTOGRAPHY Seeks:** 

This exemption will permit MORELLI PHOTOGRAPHY to commercially operate an Unmanned Aircraft System (UAS) for the purpose of conducting aerial video and photography over certain are as of the United States. **• Any Additional Information, Views, Or Arguments Available To Support MORELLI**  **PHOTOGRAPHY’S Request.** 

This Petition is made pursuant to the FAA Modernization and Reform Act of 2012 (FMRA) Section 333, which directs the Secretary of Transportat ion to determine if certain UAS may operate safely in the NAS. As such, MORELLI PHOTOGRAPHY’S request for exemption may be granted pursuant to the authority of FMRA Section 33 3 and 14 C.F.R. Part 11, as set forth above. FMRA Section 333 sets forth the requirements for consider ing whether a UAS will create a hazard to users of the NAS or the public, or otherwise pose a t hreat to national security; and further, provides the authority for such UAS to operate without airworthiness certification.
As discussed in detail above, MORELLI PHOTOGRAPHY will operate the DJI Phantom 3 UAS safely in the NAS, without creating a hazard to users of the NAS, or the public, or otherwise pose a threat to national security.

**CONCLUSION** As set forth herein, MORELLI PHOTOGRAPHY 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 Phantom 3 UAS commerc ially, without an airworthiness certificate, for the limited purpose of conducting aerial video and photography over certain areas of the United States. By granting this Petition, the FAA Admin istrator will be fulfilling the Congressional mandate of the FAA Modernization and Reform Act of 2012, while also ad vancing the interests of the public, by allowing MORELLI23

PHOTOGRAPHY to safely, efficiently, and economically operate the DJI Phantom 3 UAS commercially within the NAS.

**WHEREFORE**, in accordance with the Federal Aviation Regulations and the FAA Modernizat ion and Reform Act of 2012, Section 333, MORELLI PHOTOGRAPHY respectfully requests that the Administrator grant this Petition for an exempt ion from the requirements of 14 C.F.R Sections 61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1) , 91.409(a)(1) & (a)(2), and 91.417(a) & (b), and permit Leading Edge to operate the DJI Phantom 3 UAS commercially for the purpose of conducting aerial vid eo and photography over certain areas of the United States.

Dated: August 13 , 2015 Respectfully submi tted,

Anthony Morelli President Morelli Photography INC 352 S. River Rd. Naperville, IL 60540
815

-488

-6373 morelliphotographyil@gmail.com

Appendices:
A

– Link to DJI Phantom 3 Manual: Click on link be low http://download.dji

innovations.com/downloads/phantom_3/en/Phantom_3_Professional_User_Manual_v1.2_en.pdf