1 | Page December 7, 2015

U. S. Department of Transportation Dock et Operations West Building Ground Floor,

Room w12-140 1200 New Jersey Ave, SE Washington, DC 20590

To Whom It May Concern:

The following document addresses the need for an exemption from the requirements of Title 14 of the Code of Federal Regulations s ections 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), A ND 91.417(a) & (b) concerning commercial operation of a DJI Phantom 3 unmanned aircraft system pursuant to Section 333 of the FAA

Modernization and Reform Ac t of 2012 (Public Law 112-95).

If permitted to fly our UAS with the exemption, it would greatly impact our three businesses in a positive way as thoroughly detailed in this documen t. We do not believe that if operated in a safe manner it would have any negative safety im pact or would impact the environment in a negative way and in f act, just the opposite.

We also see this as a benefit to the economy as we would consider adding additional staff to help with the additional demands that will be placed on our company as a result of the increased workload. Seeing as this is an emerging techno logy, we feel that we could gain a competitive advantage.

If any additional information is re quired to complete this appli cation, please contact me below. We appreciate your time and consid eration of this exemption.

Bradley Bernosky 708 Shagbark Drive West Chester, PA 19382

610-738-82002 | Page 

## Table of Contents

SUMMARY ....................................................................................................................... .... 4

INTRODUCTION AND INTERESTS OF THE PETITIONER ........................................... 4

BACKGROUND .................................................................................................................... 4

BASIS FOR PETITION OVERVIEW ................................................................................... 4

Exemption Detail Specifics .................................................................................................... 6

Name and Address of The Petitioner. ..................................................................................... 6

The Specific Sections 14 C.F.R. From Wh ich Bradley Bernosky Seeks Exemption. ........... 6

The Extent Of Relief petitioner Seek s And The Reason for The Relief. ............................... 9

A Summary That Can Be Publishe d In The Federal Register .............................................. 21

CONCLUSION .................................................................................................................... 223 | Page 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

FMRA ................. Section 333 FAA Modernization and Reform Act of 2012 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 | Page 

### SUMMARY

Bradley Bernosky seeks exemption from the require ments 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 Ph antom 3) pursuant to Section 333 of the FAA

Modernization and Reform Act of 2012 (FMRA). This exemption will permit Bradley Bernosky to operate an Unmanned Aircraft System (UAS) for the commercial purpose of c onducting aerial video and photography of construction sites, re sidential and commercial real estate , civil landscapes and events over

certain areas of the United States.



### INTRODUCTION AND INTEREST S OF THE PETITIONER

Bradley Bernosky has over 30 years’ experience in the Information Technology fi eld and almost 40 years in amateur photography. He currently owns and opera tes three independent comp anies in the IT field, real estate and marketing. The objective of Bradley Bernosky and hi s Unmanned Aircraft System (DJI Phantom 3) aerial operations is to provide a more a ffordable, high-quality production system for a variety

of commercial video endea vors pertaining mainly to his three compan ies but not limited to that as future

needs arise.



### BACKGROUND

Unmanned Aircraft Systems: DJI Phantom 3, UAS

Bradley Bernosky seeks an exemption to operate DJI Phantom 3 system for compensation or hire within

the NAS. The DJI Phantom 3 is a ve rtical takeoff and landing (VTOL) Unmanned Aircraft (UA) with a Ground Control Station (GCS) utilizing electronic tablet or smart mobile devices. The DJI Phantom 3 has a maximum gross weight of approximately 2.8 l b. while having a diagonal dimension of 23.2”, a maximum speed of approximately 16.4’fps and a maxi mum flying height of 400' . The DJI Phantom 3 is equipped with four main rotors ; driven by Lithium Polymer battery powered electric motors.

The DJI Phantom 3 that will be operated by Bradley Be rnosky will be registered in accordance with 49 U.S.C. 44103, Registration of Aircraft , as well as 14 C.F.R Part 47, Aircraft Registration , and marked in accordance with 14 C.F.R. Part 45, Identification and Registration Marking

.



### BASIS FOR PETITION OVERVIEW

Petitioner, Bradley Bernosky, pursuant to the provisions of the Federal Aviation Regulations (14 C.F.R. § 11.61) and the FAA Modernization and Re form 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 li mited operating area associated with the unmanned5 | Page aircraft and its operation, Bradley Bernosky’s operati ons of the DJI Phantom 3 UAS meets the conditions of FMRA Section 333 and therefore, will not require an airworthiness ce rtificate in accordance with 14 C.F.R. Part 21, Subpart H.

Accordingly, Bradley Bernosky requests relief from Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b), as thes e sections set forth requirements for maintenance that only apply to

aircraft with an airw orthiness certificate.

Bradley Bernosky submits that the requested relief is proper since an equivalent level of safety will be ensured. The petitioner will us e experienced personnel or techni cians to perform maintenance, alterations, or preventive mainte nance on the UAS using the methods, techniques, and practices prescribed in the operating documents (i.e., Monthly Maintenance Log, and DJI Phantom 3 Instruction Manual). Furthermore, Bradley Bernos ky will document and maintain all maintenance records for the DJI Phantom 3 UAS using industr y standard documenting methods and forms.

Relief from certain requirements of Section 61.113(a) and (b), entitled Private pilot privileges and

limitations: Pilot in command , is requested by Bradley Bernosky 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 operate the DJI Phantom UAS in a manne r consistent with this exemption, including evasive and emergency maneuvers and maintaining appropriate distances from people, vessels, vehicles and

structures.

Bradley Bernosky seeks relief fr om Section 91.7(a), entitled Civil aircraft airworthiness , because the DJI Phantom 3 UAS does not require an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H. As such, Bradley Bernosky submits that he will ensure that the DJI Phantom 3 UAS is in an airworthy condition, prior to every fl ight, by determining that the UAS is in compliance with the operating documents (i.e., Monthly Maintenance Log, and DJI Phan tom 3 Instruction Manual), and that the aircraft is in a condition for safe flight.

Bradley Bernosky also seeks an exemption from the requirements of Section 91.121, entitled Altimeter Settings , as the DJI Phantom 3 UAS will not have a t ypical 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 telemetr y data link, which downlinks from the UA to the GCS for active monitoring of the flight path. This altitude information, combined with Bradley Bernosky’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, Bradley Bernosky seek s an exemption from the requirements of Section 91.151(b), entitled Fuel requirements for flight in VFR conditions . Bradley Bernosky submits that safety will not be affected by operation of the DJI Phantom 3 UAS during daylig ht hours in visual meteor ological conditions (VMC) under visual flight rules (VFR), w ith enough battery power to fly for a total duration of approximately 23 minutes. Battery power indicators are al so able to show exactly how much battery power is left, as well as how much time is needed to return safely back to point of takeoff. In addition, the DJI Phantom is equipped with safety features that will allow it to come back to a pre- designated location in the event of a low battery condition.6 | Page 

### Exemption Detail Specifics

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



### Name and Address of The Petitioner.

The name and address of the Petit ioner and point of contact is: Bradley Bernosky 708 Shagbark Drive West Chester, PA 19382

610-738-8200



### The Specific Sections 14 C.F. R. From Which Bradley Bern osky Seeks Exemption.

1. Bradley Bernosky Seeks Exemption From Th e Requirements Of Section 61.113(a) And (b).

Section 61.113, entitled Private p ilot 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. Bradley Bernosky Seeks Exemption Fr om 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 unl ess it is in an airworthy condition.

3. Bradley Bernosky Seeks Exemption Fr om The Requirements Of Section 91.121. Section 91.121, entitled Altimeter settings, subs ection (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 altimet er setting of a station al ong the route and within 100 nautical miles of the aircraft;7 | Page (ii) If there is no station within the area prescr ibed 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 equippe d with a radio, the elevation of the departure airport or an appropriate altimeter setting available before departure.

4. Bradley Bernosky Seeks Exemption From The Requirements Of Section 91.151(b). Section 91.151, entitled Fuel requirements for flight in VFR conditions , subsection (b), states the following:

(b) No person may begin a flight in a rotorcra ft 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 afte r that for at least 20 minutes.

5. Bradley Bernosky Seeks Exemption Fr om The Requirement Of Section 91.405(a). Section 91.405, entitled Maintenance required , subsection (a), states th e 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 para graph (c) of this sectio n, have discrepancies re paired as prescribed in part 43 of this chapter.

6. Bradley Bernosky Seeks Exemption From The Requirements Of Section 91.407(a)(1) Section 91.407, entitled Operation after maintenance, preventive maintenance, rebuilding, or alteration

, subsection (a)(1), states the following:

(a) No person may operate any aircraft that has undergone 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. Bradley Bernosky Seeks Exemption From Th e 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 pers on may operate an airc raft unless, within the preceding 12 calendar months, 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 airworthin ess certificate in accordance with part 21 of this chapter.

8. Bradley Bernosky Seeks Exemption From The Requirements Of S ections 91.417(a) And 91.417(b).8 | Page 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 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 each engine, propeller, roto r, and appliance of an aircraft. The records must

include--

(i) A description (or reference to data accep table to the Administrator) of the work performed; and

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

(iii) The signature, and certificate number of the person approving the aircraft for return to

service.

(2) Records containing 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 airc raft, including the time since the last inspection required by the inspection program under whic h the aircraft and its appliances are

maintained.

(v) The current status of app licable 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 safety directiv e involves recurring ac tion, the time and date when the next action is required.

(vi) Copies of the forms prescr ibed by § 43.9(d) of this chapte r for each major alteration to the airframe and currently in stalled engines, rotors, pr opellers, and appliances.

(b) The owner or operator shall retain the fo llowing records for the periods prescribed: (1) The records specified in paragraph (a)(1) of th is section shall be retained until the work is repeated or superseded by other work or for 1 year after the work is performed.

(2) The records specified in paragraph (a)(2) of this section shall be retain ed and transferred with

the aircraft at the time the aircraft is sold.9 | Page (3) A list of defects furnished to a registered ow ner 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.



### The Extent Of Relief petitioner Seek s And The Reason for The Relief.

1. Extent Of Relief Bradley Bernosky Seeks And The Reason Bradley Bern osky Seeks Relief From Section 61.113(a) And (b).

Relief from Section 61.113( a) and (b) entitled Private pilot privileges and limitations: Pilo t in command

, is requested to the extent necessary to allow a PIC holding a privat e 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 proposed UAS fli ght operations for comp ensation or hire.

This relief is requested si nce the limitations set forth in Section 61.113(a) and (b) st ate 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 that business or employment; a nd (2) The aircraft does not carry passengers or property for compensation or hire.

As set forth more fully below, Bradley Bernosky subm its that an equivalent le vel of safety will be maintained because no PIC will be allowed to oper ate the DJI Phantom 3 UAS unless that PIC has met certain flight-hour and currency requir ements, demonstrating that the PIC is able to safely operate either

the DJI Phantom 3 UAS in a manner consistent with th e operations specifications as described in this exemption, including evasive and emergency maneuvers , as well as maintaini ng appropriate distances from people, vessels, vehicles and structures.

Further, Bradley Bernosky submits that all flight s of the DJI Phantom 3 UAS, conducted by the PIC pursuant to the grant of this Petition: (1) will be incidental to Bradley Bernosky’s business; and (2) will
not carry passengers or propert y for compensation or hire.

2. Extent Of Relief Bradley Bernosky Seeks And The Reason Bradley Bern osky Seeks Relief From Section 91.7(a).

Relief from Section 91.7(a) entitled Civil aircraft airworthiness , is requested to the extent required to allow Bradley Bernosky to determine that the DJI Phantom 3 UAS are in airw orthy condition prior to every flight by ensuring that the UAS is in comp liance with the operating documents (i.e., Bradley Bernosky Aerial Operations Manual, Monthly Maintenance Log, and DJ I Phantom 3 Instruction Manual).

Bradley Bernosky seeks the reques ted relief because the DJI Ph antom 3 UAS do not require an

airworthiness certificate in accordan ce with 14 C.F.R. Part 21, Subpart H. Therefore, Bradley Bernosky

will ensure that the DJI Phantom 3 UAS are in ai rworthy condition based upon its compliance with the operating documents (i.e., Monthly Maintenance Log, and DJI Phantom 3) prio r 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 Bradley Bernosky Seeks And The Reason Bradley Bern osky Seeks Relief From10 | Page Section 91.121.

Relief from Section 91.121, entitled Altimeter settings, ma y 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 require s that any altitude in formation concerning UAS operations be reported to air tra ffic control (ATC) in feet above ground level (AGL), Bradley Bernosky seeks the 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 limited altitude of the proposed op erations, relief from 14 CF R 91.121 is sought to the extent necessary to comply with th e applicable conditions and limitations stated below. As more fully set forth herein, an equivalent level of safety will be maintained since the DJI Phantom 3 UAS are equipped with a barometric pressure sensor and GPS equipmen t, 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 Bradley Bernosky Seeks And The Reason Bradley Bern osky 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 battery 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. Bradley Bernosky seeks the requeste d relief because without an exemption from Section 91.151(b), the flight time duration of the battery powered DJI Phanto m 3 UAS will severely constrain the practicality of any aerial video or still photo flight operations that Bradley Bernosky proposes to conduct pursuant to

this Petition.

Significantly, as set forth below, the technical specifi cations of the DJI Phantom 3 UAS, the DJI Phantom 3 operating documents, and Bradley Bernosky’s proposed operating lim itations, ensure that Bradley Bernosky will safely operate the battery powered DJ I 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 23 minutes.

5. Extent Of Relief Bradley Bernosky Seeks And The Reason Bradley Bern osky 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 cer tificate, Bradley Bernosky requests relief from these Sections because the DJI Phantom 3 UAS do not require airworth iness certificates. As set forth more fully below, the DJI Phantom

3 UAS meet the conditions of FMRA Section 333 for operation without an airworthin ess certificate. Accordingly, Bradley Bernosky will use trained tec hnicians to perform maintenance, alterations, or preventive maintenance on the UAS using the methods, techniques, and practices prescribed in the UAS operating documents (i.e., the Monthly Main tenance Log, the “B4UFLY” mobile app, knowbeforeyoufly.org, and DJI Phantom 3 Instruction Manual). Furthermore, Bradley Bernosky will

document and maintain all maintenance records for the DJI Phantom 3 UAS.11 | Page C. The Reasons Why Granting Bradley Bernosky Re quest 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 a llowing Bradley Bernosky to safely, efficiently, and economically perform aerial video a nd photography of constructi on sites, real estate, events and civic landscape over certai n areas of the United States. The ty pe of aerial photography that the petitioner wants to do could not be cost effectiv ely accomplished using conventional aerial methods.

Additionally, use of the DJI Phantom 3 UAS will de crease congestion of the NAS, reduce pollution, and provide significant benefits to the economy. Nota bly, the benefits of Bradley Bernosky’s proposed operation of the DJI Phantom 3 UAS will be reali zed 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 obt ain aerial imagery. By reducing the amount of manned aircraft needed to perform aeria l acquisitions, an exemption allowi ng the use of a DJI Phantom 3 UAS

would reduce the amount of manned aircraft in the NAS, reduce noise and air pollution, as well as increase the safety of life and pr operty in the air and on the ground.

Furthermore, by reducing the number of manned aircra ft operating in the NAS, c ongestion around airports caused by arriving and departing aircraft will be re duced. The DJI Phantom 3 UAS does not require an airport to takeoff or land. Like wise, a reduction of manned aircra ft conducting aerial video and photography missions would result in fe wer aircraft that must be handled by air traffic control during the ground, takeoff, departure, arrival, and landing phases of flight operations.

2. The Public Will Benefit From The Safety And Efficiency Of The DJI Phantom 3 UAS. Conducting aerial photography with the DJI Phantom 3 UAS, instead of manned aircraft, will greatly benefit the public by reduci ng the levels of air and noi se pollution generated during traditional aerial video and still photography flight operations. By using ba ttery power and electric motors, the DJI Phantom 3 UAS produce no air pollution, and is th e most viable environmentally conscious alternative to the cabin class, six cylinder internal combusti on engine aircraft that are typica lly utilized for aerial video and photography, while burning approximate ly 20-30 gallons per hour of leaded aviation fuel. The DJI Phantom 3 UAS, while reducing the car bon footprint of aerial acquisitions, also eliminates noise pollution, as the UAS are propelled by battery powered electric motors, rather th an an internal combustion engine.

By using the DJI Phantom 3 UAS to perform aerial acquisitions, the substantial risk to life and property in the air and on the ground, which is usually associated with traditional manned ai rcraft flight operations, will be substantially reduced or completely eliminat ed. The UAS can also gain access to tighter flying

areas that otherwise would not be ab le to be photographed. Aside from the lack of flight crew members located onboard the aircraft, the DJI Phantom 3 UAS (weighing 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 for collateral damage to life and pr operty on the ground, and in the air, compared to the manned aircraft that typically conduct similar operations (weighing approximately 6,000 pounds with a wingspan of approximately 42 feet, a length of 34 feet, and a fuel capacity of 180 gallons).12 | Page 3. Performing Aerial Video and Photography Operations With The DJI Phantom 3 UAS Will Benefit The Economy. In addition to being safe and efficient, the DJI Phan tom 3 UAS are also an econom ical alternative to using manned aircraft to conduct similar aerial operations . As such, operation of the DJI Phantom 3 UAS will allow United States based companies to remain co mpetitive 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 technology in order to remain competitive. Operating the battery powered DJI Phantom 3 UAS is one such technology that not onl y allows companies greater operational flexibility compared to manned aircraft, but provides such fl exibility without the high operational cost of a

traditional manned aircraft.

By operating the DJI Phantom 3 UAS, persons such as Bradley Bernosky, 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 Phantom 3 UAS, provides a stable workforce that increases consumer spending; improves local, state, and federal tax revenues; and allows comp anies 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 acquisiti on flight operations that have b een conducted for decades, Bradley Bernosky’s proposed operation of the DJI Phanto m 3 UAS will not implicate any privacy issues. Specifically, the DJI Phantom 3 UAS will be operated only in compliance with operating documents (i.e., The “B4UFLY” mobile app, knowbeforeyoufly.org, Monthly Maintenance Log, and DJI Phantom 3 Instruction Manual) whic h requires property owner involvemen t as well as local law enforcement notification, and in accordance with the Federal Aviation Regulations , including the minimum altitude requirements of 14 C.F.R. § 91.119.

D. The Reasons Why Granting The Exemption Wou ld Not Adversely Affect Safety, Or How The Exemption Would Provide A Level Of Safety At Least Equal To Th at Provided By The Rule From Which Bradley Bernosky 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 operating area associated with the unmanned aircraft and its operation, Bradley Bernosky’s operati on of the DJI Phantom 3 UA S meet the conditions of FMRA Section 333, and will not requir e an airworthiness certi ficate in accordance with 14 C.F.R. Part 21, Subpart H.

Section 333 provides authority for a UAS to operate withou t airworthiness certifi cation and sets forth requirements for considering whether a UAS will create a hazard to users of the NAS or the public, or otherwise pose a threat to nationa l security. Specifically, FMRA Secti on 333 states the following, in part: (a) In General.--Notwithstanding any other requirement of this subtitle , and not later th an 180 days after

the date of enactment of this Ac t, 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.13 | Page (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 a nd populated areas, and operation within visual line of sight do not create a hazard to users of the national airspace system or the public or pose a threat to national security; and

(2) Whether a certificate of waiver , certificate of author ization, or airworthin ess 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 Secret ary determines under this 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 aircra ft systems in the national airspace system.

In seeking this exemption, Bradley Bernosky submits that the DJI Phantom 3 UAS can operate safely in the NAS pursuant to FMRA Section 333, as demonstrated by: (a) the char acteristics of the DJI Phantom 3 UAS; (b) the pilot certification requirement; and (c) the specific operating limitations.

a. The Specifications Of The DJI Phantom 3 UAS Demonstrate Its Safe Characteristics.

The DJI Phantom 3 UAS does not create a hazard to us ers 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 Phantom 3 UAS.

The technical specifications of the DJI Phanto m 3 UAS are set forth by the DJI Phantom 3 User Manual, which can be located at http://www.dji.com/product/pha ntom-3-pro/info#downloads

.

ii. The DJI Phantom 3 UAS Global Positioning Modes Enable The UAS To Remain Within A Defined Operational Area. The DJI Phantom 3 UAS may be operated in bot h manual and global positioning flight modes. A complete description of the flight and navigational modes of the DJI Phantom 3 UAS is provided at pages 11 of the DJI Phantom 3 User Manual which can be located at http://www.dji.com/product/phantom-3-pro/info#downloads

.

iii. The DJI Phantom 3 UAS Are Designed Fo r 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 Phantom 3 UAS will remain stationary, in flight, for 3 seconds or more. If, after 3 seconds, the DJI Phantom 3 UAS does not reacquire control link data from the GCS, the UAS will assume that the Control Link is lost and the will return to the home position (i.e., failsafe mode) via GPS, and will descend to the takeoff position and shutdown. A complete description of the Failsaf e Functions of the DJI Phantom 3 UAS are set forth at pages 12 through 14 of the DJI Phantom 3 User Manual, which can be located at http://www.dji.com/product/phantom-3-pro/info#downloads

.14 | Page iv. The DJI Phantom 3 GCS And Its Operation. A complete description of the ope ration and specifications of th e DJI Phantom 3 GCS and flight control software is provided at pages 23 thr ough 29 of the DJI Phantom 3 User Manual. DJI

Phantom 3 User Manual which can be located at: http://www.dji.com/product/phantom-3-pro/info#downloads

.

.

b. Flight Operations Of DJI Phantom 3 UAS Is Limi ted To The Line Of Si ght Of A Certificated Pilot in Command With A Safety Observer.

Bradley Bernosky will be the only person to act as a pilot in command (PIC) of the DJI Phantom 3 UAS. Additionally, a safety observ er will assist him at all times during flight time.

c. Flights Of DJI Phantom 3 UAS Will Be Conducte d Pursuant To Specific Operating Limitations. In seeking this exemption, Bradley Bernosky proposes to commercially operate DJI Phantom 3 UAS for the special purpose of conducting aerial video an d photography over certain areas of United States, pursuant to the following specific operating limitations.

1. Operations authorized by this grant of exem ption will be limited to the following aircraft described in the operating documents, rotorc raft UAS weighing less than 55 pounds maximum gross weight: DJI Phantom 3 Unmanned Aircraft Systems. Proposed operations of any other aircraft will require a ne w petition or a petition to amend this grant.

2. UAS operations under this exemption will be li mited to conducting operations for the purpose of aerial video and photography.

3. The UAS may not be flown at an i ndicated airspeed exceeding 20 knots.

4. The UA must be operated at an altitude of no more than 400 feet above ground level (AGL), as indicated by the procedures specified in the ope rating documents unless a special request is made and approved by ATC. All altitudes reporte d to ATC must be in feet AGL.

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 devi ce other than corrective lenses, as specified on the PIC’s FAA-issu ed airman medical certificate.

6. The use of first person view (FPV) by the PI C 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 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 design ated before the flight and cannot transfer his or her designation for the duration of the flight. The PIC must en sure that the SO can perform the functions prescribed in the operating documents.

8. The SO must not perform any other duties be yond assisting the PIC w ith seeing and avoiding other air traffic and other ground based obstacles/obstructions and is not permitted to operate the15 | Page camera or other instruments.

9. The operating documents and the grant of exem ption must be accessible during UAS operations

and made available to the Admi nistrator upon request. If a di screpancy 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 ope rator must follow the procedures as outlined in its operating documents. The operator may update or revise its operati ng documents. It is the operator’s responsibility to track such revisions and present update d and revised documents to the Administrator upon request. The operator must also present updated and revised documents if it petitions for extension or amendmen t 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 gr ant of exemption. The FAA’s UAS Integration Office (AFS-80) may be contacte d if questions arise regardin g 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. If the inspection reveals a condition that affects the safe opera tion 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. Th e Ground Control Station must be included in the preflight inspection. All maintenan ce and alterations must be properl y documented in the aircraft

records.

11. Any UAS that has undergone maintenance or alte rations that affect the UAS operation or flight characteristics, e.g. replacement of a flight cr itical component, must undergo a functional test flight. The PIC who conducts the func tional test flight must make an entry in the airc raft records.

12. The pre-flight inspection must account for all potential discrepancies, e.g. inoperable components, items, or equipment, not already cove red in the relevant sections of the operating

documents.

13. The operator must follow the UAS manufacturer’s aircraft/component, ma intenance, overhaul, replacement, inspection, and life limit requirements.

14. The operator must carry out its maintenance, in spections, and record keeping requirements, in accordance with the operating documents. Maintena nce, inspection, alterations, and status of replacement/overhaul component parts must be noted in the aircraft records, including total time in service, description of work acco mplished, and the signature of the authorized person returning the

UAS to service.

15. Each UAS operated under this exemption must comp ly with all manufacturer Safety Bulletins.

16. The authorized person must make an entry in the aircraft record of the corrective action taken against discrepancies discove red between inspections.

17. The PIC must possess at least a private pilot certificate and at least a current third- class

medical certificate.16 | Page 18. The operator may not permit any PIC to ope rate 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 be operated under the exemption, including evasive and emergency maneuvers and maintaining appropr iate distances from persons, ve ssels, 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 operato r’s PICs are permitted under the terms of the exemption. However, training operations may only be conducted during dedicated training sessions. During training, proficienc y, 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 may not be conducted durin g night, as defined in 14 C.F.R. § 1.1. All operations must be conducted under visual meteorological conditions (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 visual 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, and the operation is cond ucted 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 th an 3 statute miles from the PIC.

22. If the UA loses communications or loses its GPS signal, it must return to a pre- determined location within the planned ope rating area and land or be rec overed in accordance with the operating documents.

23. The PIC must abort the flight in the even t 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 Organi zation (ATO) issued Certificate of Waiver or Authorization (COA) prior to conducting any opera tions 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 AT O issued COA including class of airspace, altitude level and potential transponder requirements.

26. All aircraft operated in accordance with the ex emption must be identified by serial number, registered in accordance with 14 C.F.R. part 47, a nd have identification (N- Number) markings in accordance with 14 C.F.R. part 45, Subpart C. Ma rkings must be as large as practicable.17 | Page 27. Before conducting operations, the radio frequenc y spectrum used for operation and control of the UA must comply with the Federal Communica tions 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 th e UAS is operating. These documents must be

made available to the Administrator or a ny law enforcement official upon request.

29. The UA must remain clear and yield the righ t 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 train ees or essential persons), vessels, vehicles, and

structures unless:

a. Barriers or structures are present that sufficiently protec t 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. If a situ ation arises where nonparticipating persons leave su ch 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 gran ted permission and the PIC has made a safety assessment of the risk of operating closer to those objects and determ ined that it does not present an undue hazard, and; c. Operations nearer to the PIC, SO, operator trainees or essential pe rsons do not present an undue hazard to those persons per § 91.119(a).

32. All operations shall be conduc ted over private or controlled- access property with permission

from the land owner/controller or authorized re presentative. Permission fr om land owner/controller or authorized representativ e will be obtained for each flight to be conducted.

33. Any incident, accident, or flight operation that transgresses the la teral or vertical boundaries of the operational area as defined by the applicab le COA must be reported to the FAA's UAS Integration Office (AFS-80) with in 24 hours. Accidents must be reported to the National Transportation Safety Board (NTSB) per inst ructions contained on the NTSB Web site: www.ntsb.gov.

2. Reasons Why An Exemption From The Requirem ents Of Section 61.113(a) And (b) Would Not Adversely Affect Safety. Bradley Bernosky submits that the equivalent level of safety established by Sec tion 61.113(a) and (b) will be maintained because no PIC will be allowed to operate the DJI Phantom 3 UAS unless that PIC has demonstrated, by meeting minimum flight-hour and currency requirements, that the PIC is able to safely ope rate the DJI Phantom 3 UAS in a manner consistent with the exemption, including evasive and emergency ma neuvers and maintaining appropriate distances from people, vessels,18 | Page vehicles and structures.

Considering Bradley Bernosky’s proposed area of operations, and the operating limitations set forth-above; the parallel nature of private pilo t aeronautical knowledge requirements to those of commercial pilot requirements (See Ex emption No. 11062); and the airmanship skills necessary to safely operate the DJI Phantom 3 UAS, Bradley Bernosky submits that the additional manned airmanship experience of a commercially certificated pilot would not correlate to the airmanship skills necessary for Bradley Bernosky’s specific proposed flight operations. The FAA has previously granted reli ef from Section 61.113(a) and (b) sp ecific to UAS, in circumstances similar, in all material resp ects, 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).

Bradley Bernosky will not allow any PIC to operate the DJI Phantom 3 UAS unless that PIC has demonstrated, by meeting minimum flight-hour requirements or the DJI Phantom 3 UAS training and currency requirements, that the PIC is able to safely operate the DJI Phantom 3 UAS in a manner consistent with this exemption, including evasive and emergency mane uvers and maintaining appropriate distances from people, vessels , vehicles and structures.

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 p ilot (with a minimum of 20 hou rs 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 acco mplish 15 takeoffs and landings in the preceding 90 days (for currency purposes).

As in Exemption Nos. 11062, 11138, and 11153, prior documen ted flight experience that was obtained in compliance with applicable regulations will ensure an equivalent level of safety during Bradley Bernosky’s proposed operations. The Ad ministrator has held that prior do cumented flight experience that was obtained in compliance with app licable regulations would ensure sa fe 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 logge d, 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 oper ations 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 exem ption. 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 of UAS rotorcraft time. In addition to the hour requirement s, the PIC must accomplish 3 takeoffs and landings in the preceding 90 days (for curren cy purposes). The FAA finds that at a minimum, the flight-hour requirements in Exemption No. 11062 are appropriate to practice and build prof iciency in the skills necessary to safely conduct the petitioner’s pr oposed operations. The FAA also finds that prior documented flight experience that was obtained in co mpliance 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 a ppropriate distances in accordance19 | Page with 14 C.F.R 91.119.

Exemption No. 11138 at page 15. Accordingly, Bradley Bernosky will ensure safe opera tions by not allowing any PIC to operate the DJI

Phantom 3 UAS unless that PIC has demonstrate d, by meeting minimum flight-hour and currency requirements, that the PIC is able to safely operate the DJI Phantom 3 UAS in a manner consistent with the exemption, including evasive an d emergency maneuvers and maintain ing appropriate distances from people, vessels, vehicles and structures.

3. Reasons Why An Exemption From The Requirem ents Of Section 91.7(a) Would Not Adversely Affect Safety. The equivalent level of safety established by Secti on 91.7(a) will be maintained because prior to every flight, Bradley Bernosky 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 re lief 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 Requi rements Of Section 91.121 Would Not Adversely Affect Safety. The equivalent level of safety established by Se ction 91.121 will be maintained because the altitude information of the DJI Phantom 3 UAS will be pr ovided to the PIC via GPS equipment and a radio communications telemetry data link, which downlinks from the UA to the GCS for active monitoring of the flight path and altitude. This altitude informa tion, combined with Bradley Bernosky’s operation of the

DJI Phantom 3 UAS within visual line of sight, at or below 500 feet AG L, will ensure a level of safety equivalent to Section 91.121. The altitude informa tion will be generated by GPS equipment installed

onboard the aircraft. Prior to each f light, a zero altitude in itiation point is automatic ally established by the UAS at ground level.

The FAA has previously granted reli ef from Section 91.121 specific to UAS, in circumstances similar, in all material respects, to those presente d 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 Requirem ents Of Section 91.151(b) Would Not Adversely Affect Safety. A grant of this exemption would ensure an equivale nt level of safety estab lished by 14 C.F.R. Section 91.151(b) as a result of (1) the tec hnical specifications of the DJI Ph antom 3 UAS; (2) the limitations on the proposed flight operations; and (3) the locati on of the proposed flight operations. Accordingly, Bradley Bernosky will ensure that it will safely op erate 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 minutes.

Here, as in Exemption No. 11109, the technical specifications of the DJ I 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 DJI20 | Page 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% remaini ng battery power, and again at approximately 10% remaining batt ery power. At the critically low battery level, the DJI Phantom 3 UAS will descend and land automatically.

Significantly, previous exemptions granted by the FAA concerning Secti on 91.151 establish that safety is not adversely affected when the technical charac teristics and operating limitations of the UAS are considered. Relief has been granted fo r 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 ci rcumstances 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, Bradley Bernosky submits that the equivalent level of sa fety with regard to the regulatory maintenance and alteration requireme nts established by Sect ions 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b) will be me t because Bradley Bernosky 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 “B4UFLY” mobile app, knowbeforeyoufly.org, Monthly Maintenance L og, and DJI Phantom 3 Instruction Manual). Furthermore, Bradley Bernosky will document and main tain all maintenance records for the DJI Phantom

3 UAS.

Since the DJI Phantom 3 UAS will be inspected as prescribed by the operating documents, Bradley Bernosky will maintain the equivalent le vel 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 which can be

located at http://www.dji.com/product/phantom-3-pro/info#downloads .; an industry accepted maintenance log will also be used to reco rd and document all maintenance activity.

Likewise, the exemption sought will not adversely aff ect safety because Bradley Bernosky will use trained technicians to perform maintenance, alterations or preventive mainte nance on the UAS using the methods, techniques, and practices prescr ibed 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 will be docu mented and maintained utilizing the monthly maintenance 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 lim itations of the UAS are considered.

In consideration of Bradley Bernosky’s proposed operating limitations, the operating documents, and the technical aspects of the DJI Phantom 3 UAS, Bradley Bernosky submits that safety will not be adversely21 | Page affected by granting exemption from 14 C.F.R. Sec tions 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 re lief 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 Modern ization and Reform Act of 2012 (FMRA) and 14 C.F.R. § 21.16 entitled Special Conditions, Bradley Bernosky requests that the FAA prescribe special conditions for the intended operation of the DJI Phanto m 3 UAS, which contain such safety standards that the Administrator finds necessary to es tablish 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 a nd photography over certain areas of the United States for compensation or hire . FMRA Section 333 sets fo rth the requirements for considering whether a UAS will create a hazard to us ers of the NAS or the public, or otherwise pose a threat to national security; and further, provide s 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 Administrator may prescribe special conditions pursuant to 14 C.F.R. § 21.16, for operation of the DJI Phantom 3 UAS, since the airworthiness re gulations of 14 C.F.R. Part 21 do not contain adequate or appropriate safety st andards, due to the novel or unusual design features of the aircraft. Section 21.16, entitled Special Condi tions, 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 engine, or prope ller because of a novel or unusual design feature of the aircraft, ai rcraft engine or propeller, he prescribes special conditions and amendments thereto for the product. The special conditi ons are issued in accordance with Part 11 of this chapter and contain such safety stan dards for the aircraft, aircraft engi ne or propeller as the FAA finds necessary to establish a leve l of safety equivalent to that estab lished in the regulations. See 14 C.F.R. §

21.16.

Therefore, in accordance with FMRA Section 333 a nd 14 C.F.R. § 21.16, the FAA may prescribe special conditions for Leading Edge’s inte nded operation of the DJI Phantom 3 UAS, which contain such safety

standards that the Administrator finds necessary to establish a level of safe ty 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).



### A Summary That Can Be Publishe d In The Federal Register

Bradley Bernosky 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 Brief Description Of The Nature Of The Exemption Bradley Bernosky Seeks:22 | Page This exemption will permit Bradley Bernosky to comme rcially operate an Unmanned Aircraft System (UAS) for the purpose of conducting ae rial video and photography over certai n areas of the United States.

This Petition is made pursuant to the FAA Modern ization and Reform Act of 2012 (FMRA) Section 333, which directs the Secretary of Tran sportation to determine if certain UAS may operate safely in the NAS. As such, Bradley Bernosky’s request for exemption ma y be granted pursuant to the authority of FMRA Section 333 and 14 C.F.R. Part 11, as set forth above.

FMRA Section 333 sets forth the requirements for c onsidering 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 airworthin ess certification.

As discussed in detail above, Bradley Bernosky 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, Bradley Bernosky seeks an ex emption pursuant to 14 C.F.R. § 11.61 and Section 333

of the FAA Modernization and Refo rm Act of 2012 (FMRA), which will permit safe operation of the DJI Phantom 3 UAS commercially, without an airworthiness cer tificate, for the limited purpose of conducting aerial video and photography over certai n areas of the 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 interest s of the public, by allowing Bradle y Bernosky 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 Modernization and Reform Act of 2012, Section 333, Bradley Bernosky respectf ully requests that the Administrator grant this Petition for an exemption from the requirements of 14 C.F.R Sections 61 .113(a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409( a)(1) & (a)(2), and 91.417(a) & (b ), and permit Leading Edge to operate the DJI Phantom 3 UAS commercially for the purpose of conducting aerial video and photography over certain areas of the United States.

Dated: December 7, 2015

Bradley Bernosky 708 Shagbark Drive West Chester, PA 19382

610-738-8200