1 UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

FEDERAL AVIATION ADMINISTRATION

WASHINGTON, DC

Regulatory Docket No.

IN THE MATTER OF THE PETITION FOR EXEMPTION OF:

JAKE SHEALY PRODUCTIONS

FOR AN EXEMPTION SEEKING RELIEF FROM THE REQ UIREMENTS 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 THE DJI

PHANTOM 3 UNMANNED AIRCRAFT SYS TEM

PURSUANT TO SECTION 333 OF

THE FAA MODERNIZATION AND REFORM ACT OF 2012

(PUBLIC LAW 112-95)

Submitted on May 11, 2015

Jake Shealy &

Roger Shealy of

Jake Shealy

Productions

165 Mackenzie Lane

Fayetteville, GA 302142

TABLE OF CONTENTS

GLOSSARY O F ABBREVIATIONS...................................................................

.............. 3

SUMMARY

................................ ................................ ................................ ............................ 4

INTRODUCTION AND INTERESTS OF PETITIONERS

................................ ................. 4

BACKGROUND...............................................

................................ ................................ .. 5 Page 2

BASIS FOR PETITION

................................ ................................ ................................ ............................. 5

NAME AND ADDRESS OF PETITIONERS

................................ ........................... 7

THE SPECIFIC SECTIONS OF 14 C.F.R. FROM WHICH JAKE SHEALY PRODUCTIONS

SEEKS EXEMPTION

................................ ................................ ..... 8

THE EXTENT OF RELIEF JAKE SHEALY PRODUCTIONS SEEK AND THE REASON JAKE

SHEALY PRODUCTIONS SEEKS THE RELIEF........... 10

THE REASONS WH Y GRANTING REQUEST WOULD BE IN THE PUBLIC INTEREST

......................................................12

THE REASONS WHY GRANTING THE EXEMPTION WOULD NOT ADVERSELY AFFECT

SAFETY

................................ ................................ ......... 19

CONCLUSION

................................ ................................ ................................ ................... 243 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) Section 333

SO Safety Observer

SOP Standard Operat ing 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

Jake Shealy and Roger Shealy, under the company title, Jak e Shealy Productions, seek 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 pursuant to

Section 333 of the FAA Modernization and Reform Act of 2012 (FMRA). This exemption will permit

Jake Shealy Productions to operate an Unmanned Aircraft System (UAS) for the commercial purpose

of conducting aerial video and photography to be used in television and web ba sed commercials,

educational videos, documentaries and news reports, workplace safety, agriculture, and sporting events

over certain areas of the United States.

INTRODUCTION AND INTERESTS OF THE PETITIONERS

Jake Shealy is the owner/operator of Jake Sh ealy Productions located in Atlanta, GA, using his father,

Roger Shealy, for additional assistance when needed. Jake Shealy Productions was founded in 2010 and

includes realtors, wedding videography, websites, and national corporations among our clients. T he

objective of Jake Shealy Productions is to provide high quality imaging for a variety of commercial

and public uses, specifically targeting:

● Creation of commercial messages for television and websites

● Documentaries

● Educational videos

● Safety and trainin g

● Agriculture

● Real Estate

● 

### Increasing public knowledge of UAS and promote safe UAS operations.5 BACKGROUND

Unmanned Aircraft Systems: DJI Phantom 3 UAS

Jake Shealy Productions seeks an exemption to operate DJI systems for compensation or hire within the

NA S. The DJI Phantom 3 is a vertical takeoff and landing (VTOL) Unmanned Aircraft (UA) with a

Ground Control Station (GCS) utilizing electronic tablet or smart phone systems. The DJI Phantom 3

has a maximum gross weight of 2 pounds 13.1 ounces, a length of 16.2 inches, width of 16.6 inches,

height of 10.5 inches, and a maximum speed of approximately 31.1 knots. The DJI Phantom 3 UA is

equipped with four main rotors; driven by Lithium Polymer battery powered electric motors. The DJI

Phantom 3 UA that will be op erated by Jake Shealy Productions and 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

Petitioners, Jake Shealy and Roger Shealy of Jake Shealy Productions 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 petition 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 operating area associated with the unmanned

aircraft and its operation, Jake Shealy Productions ’ operation of the DJI Phantom 3 UA S

meets the conditions of FMRA Section 333 and therefore, will not require an airworthiness certificate

in accordance with 14 C.F.R. Part 21, Subpart H.

Accordingly, Jake Shealy Productions 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.

Jake Shealy Productions submits that the requested relief is proper since an equivalent level of safety

will be ensured. Jake Shealy Produc tions will use experienced personnel or technicians to perform

maintenance, alterations, or preventive maintenance on the UAS using the methods, techniques, and

practices prescribed in the operating documents (i.e., Monthly Mainten ance Log, and DJI Phantom 3

Instruction Manual). Furthermore, Jake Shealy Productions will document and maintain all maintenance

records for the Phantom 3 UAS.

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

limitations: Pilot in command

, is requested by Jake Shealy Productions to the extent necessary to allow

a Pilot in Command (PIC) holding an airman medical certificate, and who has demonstrated, by meeting

minimum flight- hour and currency requirements, tha t the PIC is able to safely operate the DJI Phantom

3 UAS in a manner consistent with this exemption, including evasive and emergency maneuvers and

maintaining appropriate distances from people, vessels, vehicles and structures.6

Jake Shealy Productions seeks relief from 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. Part7

21, Subpart H. As such, Jake Shealy Productions submits 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 Instruction Manual),

and that the aircraft are in a con dition for safe flight.

Jake Shealy Productions also seeks an exemption from the requirements of Section 91.121, entitled

Altimeter Settings , as the DJI Phantom 3 UA will not have a typical barometric altimeter onboard.

However, altitude information of the DJI Phantom 3 UA will be provided to the PIC via Global

Positioning System (GPS) equipment and radio communications telemetry data link, which downlinks

from the UA to the GCS for active monitoring of the flight path. This altitude information, combined

with Jake Shealy Production ’s operation of the DJI Phantom 3 UA within visual line of sight, at or

below 500 feet AGL, will ensure a level of safety equivalent to Section 91.121.

Additionally, Jake Shealy Productions seeks an exemption from the requirements of Sectio n 91.151(b),

entitled Fuel requirements for flight in VFR conditions

. Jake Shealy Productions submits that safety

will not be affected by operation of the Phantom 3 UA during daylight hours in visual meteorological

conditions (VMC) under visual flight rules (VFR), with enough battery power to fly for a total duration

of approximately 15 minutes to the first point of intended landing and, assuming normal cruising speed,

to fly after that for at least 4.5 minutes.

In accordance with 14 C.F.R. § 11.81, Jake Shealy Productions provide the following information in

support of their petition for exemption:8

A. Name And Address Of The Petitioner.

The name and address of the Petitioner and point of contact is:

Jake Shealy

Roger Shealy

Jake Shealy Productions

165 Mackenzie Lane

Fayetteville, GA 30214

Email: jakemshealy@gmail.com9

B. The Specific Sections Of 14 C.F.R. From Which Jake Shealy Productions Seeks Exemption.

1. Jake Shealy Productions Seeks Exemption From The Requiremen ts 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 connectio n 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. Jake Shealy Productions Seeks Exemption From The Requirements Of Section 91.7(a)

. Section 91.7, entitled Civil aircraft airworthiness , subsection (a), states the following:

(a) No person may operate a civil aircraft unless it is in an airworthy condition.

3. Jake Shealy Productions Seeks Exemption From The Requirements Of Section 91.121.

Section 91.121, entitled Altimeter settings, subsection (a), states the following, in part:

(a) Each person operating an aircraft shall maintain the cruising altitude or flight level of that aircraft,

as the case may be, by reference to an altimeter that i s 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. Jake Shealy Productions 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 rotorcraft under VFR conditions unless (conside ring 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. Jake Shealy Productions Seeks Exemption From The Requirement Of Secti on 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. Jake Shealy Productions Seeks Exemption From The Requirements Of Section

91.407(a)(1) Section 91.407, entitled Operation after mainten ance, 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

0 (1) It has been approved for return to service by a person authorized under § 43.7 of this chapter[.]

7. Jake Shealy Productions Seek Exemption From 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 p rovided in paragraph (c) of this section, no person may operate an aircraft unless, within

the preceding 12 calendar months, it has had

--

(1) An annual inspection in accordance with part 43 of this chapter and has been approved for return to

service by a pers on 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. Jake Shealy Productions Seeks Exemption From The Requirements Of Sections 91.417(a)

And 91.417(b).

Section 91. 417, entitled Maintenance records , subsections (a) and (b), state the following:

(a) Except for work performed in accordance with §§ 91.411 and 91.413, each registered owner or

operator shall keep the following records for the periods specified in paragraph (b) of this section:

(1) Records 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 engin e, 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; and

(iii) The signature, and certificate n umber 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 airfram e, 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 which 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 d irective number and revision date. If the AD or

safety 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 curren tly installed engines, rotors, propellers, and appliances.

(b) The owner or operator shall retain the following records for the periods prescribed:

(1) The records specified in paragraph (a)(1) of this section shall be retained until the work is repeated

or supers eded 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 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 Jake Shealy Productions Seeks And The Reason Jake Shealy

Productions S eek The Relief.

1. Extent Of Jake Shealy Productions And The Jake Shealy Productions Seeks Relief From

Section 61.113(a) And (b).

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

command , is requested to the extent necessary to allow a PIC h olding a valid airman medical

certificate, and who has met certain flight-hour and currency requirements, to conduct the proposed

UAS flight operations for compensation or hire.

This relief is requested since the limitations set forth in Section 61.113(a) and (b) state that a private

pilot may, for compensation or hire, act as PIC 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.

As set forth more fully below, Jake Shealy Productions submits that an equivalent level of safety will

be maintained because no PIC will be allowed to operate the DJI Phantom UAS unless that PIC has

met certain flight-hour and currency requirements, demonstrating that the PIC is able to safely operate

the DJI Phantom UAS in a manner consistent with the operations specifications as described in this

exemption, i ncluding evasive and emergency maneuvers, as well as maintaining appropriate distances

from people, vessels, vehicles and structures.

Further, Jake Shealy Productions submits that all flights of the DJI Phantom 3 UAS, conducted by the

PIC pursuant to the grant of this Petition: (1) will be incidental to Jake Shealy Production ’ s business;

and (2) will not carry passengers o r property for compensation or hire.

2. Extent Of Relief Jake Shealy Productions Seeks And The Reason Jake Shealy Productions

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 Jake Shealy Productions to determine that the DJI Phantom UAS are in airworthy condition prior

to every flight by ensuring that the UAS is in compliance with the operating documents (i.e., the Jake

Shealy Productions Aerial Operations Manual, Monthly Maintenance Log, and DJI Phantom 3

Instruction Manual).

Jake Shealy Productions seeks the requested relief because the DJI Phantom 3 UA does not require an

airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H. Therefore, Jake Shealy

Productions will ensure that the DJI Phantom 3 UAS is in airworthy condition based upon its

compliance with the operating documents (i.e., Monthly Maintenance Log, and DJI Phantom 3

Instruction Manual) prior to every flight, and further, determine that the aircraft are in condition for safe

flight, as stated in the conditions and limitations below.

3. Extent Of Jake Shealy Productions Seeks And The Reason Jake Shealy Productions 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 telemet ry 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 air traffic control (ATC) in feet above ground level (AG L), Jake Shealy

Productions11

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 operations, relief from 14 CFR 91.121 is sought to the

extent necessary to comply with the applicable conditions and limitations stated below. As more fully

set forth herein, an equivalent level of safety will be maintained since the DJI Phantom 3 UA is

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. Jake Shealy Productions Seeks And The Reason Jake Shealy Productions 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 th e battery powered DJI Phantom 3 UA during daylight hours in

visual meteorological conditions (VMC), under visual flight rules (VFR), for a total duration of 13.5

minutes to the first point of intended landing and, assuming normal cruising speed, to fly aft er that for

at least 4.5 minutes. Jake Shealy Productions seeks the requested relief because without an exemption

from Section 91.151(b), the flight time duration of the battery powered DJI Phantom 3 UA will

severely constrain the practicality of any aerial vid eo or still photo flight operations that Jake Shealy

Productio ns 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 Jake Shealy Productions ’s proposed operating limitations, ensure

that Jake Shealy Productions will safely operate the battery powered DJI Phantom 3 UA during daylight

hours in visual meteorological conditions (VMC), under visual flight rules (VFR), with enough battery

power to f ly for a total duration of 13.5 minutes to the first point of intended landing and, assuming

normal cruising speed, to fly after that for at least 4.5 minutes.

5. Extent Of Relief Jake Shealy Productions Seeks And The Reason Jake Shealy Productions

Seeks Relief From Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), And 91.417(a) & (b).

Since Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b) only apply to

aircraft with an airworthiness certificate, Jake Shealy Productions request relief fr om these Sections

because the DJI Phantom 3 UAS does not require an airworthiness certificate. As set forth more fully

below, the DJI Phantom 3 UAS meets the conditions of FMRA Section 333 for operation without an

airworthiness certificate. Accordingly, Jake Shealy Productions will use trained technicians 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 Jake Shealy Productions Aerial

Operations M anual, Monthly Maintenance Log, and DJI Phantom 3 Instruction Manual). Furthermore,

Jake Shealy Productions will document and maintain all maintenance records for the DJI Phantom 3

UAS.12

D. The Reasons Why Granting Jake Shealy Productions ’s Request Would Be In The Pub lic

Interest; That Is, How It Would Benefit The Public As A Whole.

Granting the present Petition will further the public interest by allowing Jake Shealy Productions to

safely, efficiently, and economically perform aerial video and photography of construction si tes, closed

filming sets, real estate, and landscape over certain areas of the United States.

Additionally, use of the DJI Phantom 3 UAS will decrease congestion of the NAS, reduce pollution,

and provide significant benefits to the economy. Notably, the benefits of Jake Shealy Productions ’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 saf e, efficient, and economical alternative

to the manned aircraft traditionally utilized to obtain aerial 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 red uce the amount of manned aircraft 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 operating in the NAS, congestion around

airports caused by arriving and departing aircraft will be reduced. 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 aircraf t 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 acquisitions with t he DJI Phantom 3 UAS, instead of manned aircraft, will greatly

benefit the public by drastically reducing the levels of air and noise pollution generated during

traditional aerial video and still photography flight operations. By using battery power and e lectric

motors, the DJI Phantom 3 UAS produces no air pollution, and is the most viable environmentally

conscious alternative to the cabin class, six cylinder internal combustion engine aircraft that are

typically utilized for aerial video and photograph y, while burning approximately 20-30 gallons per hour

of leaded aviation fuel. The DJI Phantom 3 UA, while reducing the carbon footprint of aerial

acquisitions, also eliminates noise pollution, as the UAs are propelled by battery powered electric

motors, r ather than 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 aircraft flight

operation s, will be substantially reduced or completely eliminated. Aside from the lack of flight crew

members located onboard the aircraft, the DJI Phantom 3 UA (weighing approximately 2 pounds 13.1

ounces respectively, at its maximum gross weight with a length of 16.2 inches and width of 16.6

inches, and with no fuel on board), has less physical potential for collateral damage to life and property

on the ground, and in the air, compared to the manned aircraft that typically conduct similar operations

(weighing appr oximately 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 Operations With The DJI Phantom 3 UAS

Will Benefit The Economy.13

In addition to being safe a nd efficient, the DJI Phantom 3 UAS is also an economical 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, like Jake Shealy Productions

, 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 only allows

companies greater operational flexibility compared to manned aircraft, but provides such flexibility

without the high operational cost of a traditional manned aircraft.

By operating the DJI Phantom 3 UAS, companies such as J ake Shealy Productions

, 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 companies to

invest in research and development in order to remain competitive both in the United States and abroad.

4. There Are No Privacy Issues.

Similar to the manned aerial acquisition flight operations that have been conducted for decades, Jake

Shealy Productions ’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 in compliance with operating

document s (i.e., the Jake Shealy Productions Aerial Operations Manual, Monthly Maintenance Log, and

DJI Phantom 3 Instruction Manual) which requires property owner involvement as well as local law

enforcement notification, and in accordance with the Federal Aviation Re gulations, including the

minimum altitude requirements 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 Equal To That Provided By The Rule

From which Jake Shealy Productions Seeks Exemption.

1. Reasons Why The DJI Phantom 3 UA Meets 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 unma nned

aircraft and its operation, Jake Shealy Productions ’s operation of the DJI Phantom 3 UAS meets the

conditions of FMRA Section 333, and will not require an airworthiness certificate in accordance with

14 C.F.R. Part 21, Subpart H.

Section 333 provides auth ority for a UAS to operate without airworthiness certification 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 national security. Specifically, 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 the14

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 l ine 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 authorization, 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 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 airc raft systems in the national airspace system.

In seeking this exemption, Jake Shealy Productions submits that the DJI Phantom 3 UAS can operate

safely in the NAS pursuant to FMRA Section 333, as demonstrated by: (a) the characteristics 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 Demonstrates 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, speed, and operational capability.

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

Sp ecifications and Data Sheet, attached hereto as Exhibit.

ii. The DJI Phant om 3 UAS Autonomous Flight And Navigation Modes Enable The UAS

To Remain Within A Defined Operational Area.

The DJI Phantom 3 UAS may be operated in both manual and fully autonomous fl ight modes. A

complete description of the flight and navigational modes of the DJI Phantom 3 UAS is provided at

pages 12-16 and 45-50 of the DJI Phantom 3 User Manual, attached hereto as Exhibit B.

iii. The DJI Phantom 3 UAS Is Designed For Automatic Return T o 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 UA will remain stationary, in flight, for 3 seconds

or more. If, after 3 seconds, DJI Phantom 3 UA do not reacquire control link data from the GCS, the

UA will assume that the Control Link is lost and the UA will return to the home position (i.e., failsafe

mode) via GPS, and will descend to the takeoff position and shutdown.

A complete description of the Failsafe Functions of the DJI Phantom 3 UAS are set forth at pages 13

through 15 of the DJI Phantom 3 User Manual, attached hereto as Exhibit A.

iv. The DJI Phantom 3 GCS And Its Operation.15

A complete description of the operation and specifications of the DJI Phantom 3 GCS and flig ht

control software is provided at pages 40 through 47 of the DJI Phantom 3 User Manual. DJI Phantom 3

User Manual is attached hereto as Exhibit A.

b. Flight Operations Of DJI Phantom 3 UAS is Limited To The Line Of Sight Of A

Certificated Pilot in Command W ith A Safety Observer.

Jake Shealy Productions will only utilize certificated pilots to act as a pilot in command (PIC) of the

DJI Phantom 3 UAS. Additionally, a safety observer will a ssist all pilots during flight time.

c. Flights Of The DJI Phantom 3 UAS Wi ll Be Conducted Pursuant To Specific

Operating Limitations.

In seeking this exemption, Jake Shealy Productions proposes to commercially operate the DJI

Phantom 3 UAS for the special purpose of conducting aerial video and photography over certain

areas of Unite d States, pursuant to the following specific operating limitations:

1. Operations authorized by this grant of exemption will be limited to the following aircraft described

in the operating documents, rotorcraft UASs weighing less than 55 pounds maximum gros s 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

ae rial 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 500 feet above ground level (AGL), as

indicated by the procedures specified in the operating documents unless a special request is made and

approved by ATC. All altitudes reported to ATC must be in 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 device other than corrective lenses, as specified

on the PIC’s FAA­issued 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 m ay 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 des ignated before the flight and cannot transfer his or her designation for

the duration of the flight. The PIC must ensure that the SO can perform the functions prescribed in the

operating documents.16

8. The SO must not perform any other duties beyond assisting the PIC with seeing and avoiding other

air traffic and other ground based obstacles/obstructions and is not permitted to operate the camera or

other instruments.

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

made available to the Administrator upon request. If a discrepancy exists between the conditions and

limitations contained in the grant of exemption and the procedures outlined in the operating documents,

the conditions and limitations contained in the grant of exemption take precedence and must be

followed. Otherwise, the operator must follow the procedures as outlined in its operating documents.

The operator may update or revise its operating documents. It is the operator’s responsibility to track

s uch revisions and present updated and revised documents to the Administrator upon request. The

operator must also present updated and revised documents if it petitions for extension or amendment to

the grant of exemption. If the operator determines that an y update or revision would affect the basis

upon which the FAA granted the exemption, then the operator must petition for amendment to its grant

of exemption. The FAA’s UAS Integration Office (AFS­80) may be contacted if questions arise

regarding updates or revisions to the operating documents.

10. Prior to each flight the PIC must inspect the UAS to ensure that it is in a condition for safe flight. If

the inspection reveals a condition that affects the safe operation of the UAS, the aircraft is prohibited

fr om operating until the necessary maintenance has been performed and the UAS is found to be in a

condition for safe flight. The Ground Control Station must be included in the preflight inspection. All

maintenance and alterations must be properly documented in the 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 conducts the functio nal 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 documents. Maintenance, inspection, alterations, and status of

replacement/overhaul component parts must be noted in the aircraft records, including total time in

service, description 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.

16. The authorized person must make an entry in the aircraft record of the corrective action taken

against discrepancies discovere d between inspections.17

17. The PIC must meet possess at least a current 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 be operated under the exemption, including evasive and emergency maneuvers and

maintaining appropriate distances from persons, vessels, vehicles and structures. PIC qualification

flight hours must be logged in a ma nner consistent with 14 C.F.R. § 61.51(b). Flights for the purposes

of training the operator’s PICs are permitted under the terms of the exemption. However, training

operations may only be conducted during dedicated training sessions. During training, prof iciency, and

experience-building flights, all persons not essential for flight operations are considered

non-participants, and the PIC must operate the UA with appropriate distance from nonparticipants in

accordance with 14 C.F.R. § 91.119.

19. UAS operatio ns may not be conducted during 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 tha t airport’s management

is obtained, and the operation is conducted in accordance with a NOTAM as required by the operator’s

COA. The letter of agreement with the airport management must be made available to the

Administrator upon request.

21. The UA may not b e 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 pre-determined 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 begi nning 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 Organiza tion (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 th an 48 hours prior to the operation. All operations shall be conducted in accordance with18

airspace requirements in the ATO issued COA including class of airspace, altitude level and potential

transponder requirements.

26. All aircraft operated in accordance w ith the exemption must be identified by serial number,

registered in accordance with 14 C.F.R. part 47, and have identification (N- Number) markings in

accordance with 14 C.F.R. part 45, Subpart C. Markings must be as large as practicable.

27. Before conducti ng 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.

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

ot her than the PIC, SO, operator trainees or essential persons), vessels, vehicles, and structures unless:

a. Barriers or structures are present that sufficiently protect nonparticipating persons from the UA

and/or debris in the event of an accident. The opera tor must ensure that nonparticipating persons remain

under such protection. If a situation arises where nonparticipating persons 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 operations shall be conducted over private or controll ed-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) within 24 hours. Accidents must be reported to the National Transportation Safety

B oard (NTSB) per instructions contained on the NTSB Web site: www.ntsb.gov

.19

2. Reasons Why An Exemption From The Requirements Of Section 61.113(a) And (b) Would Not

Adversely Affect Safety.

Jake Shealy Productions submits th at the equivalent level of safety established by Section 61.113(a)

and

(b) will be maintained because no PIC will be allowed to operate the DJI Phantom 3 UAS unless that

PIC has demonstrated, by meeting minimum flight-hour and currency requirements, that t he PIC is able

to safely 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.

Considering Jake Shealy Productions ’s proposed area of operations, and the operating limitations set

forth­above; the parallel nature of private pilot aeronautical knowledge requirements to those of

commercial pilot requirements (See Exemption No. 11062); and the airmanship skills necessary to

safely operate the DJI P hantom 3 UAS, Jake Shealy Productions subm its that the additional manned

airmanship experience of a commercially certificated pilot would not correlate to the airmanship skills

necessary for Jake Shealy Productions ’s specific proposed flight operations.

The FAA has previously granted relief from Sect ion 61.113(a) and (b) specific to UAS, in

circumstances similar, in all material respects, to those presented herein (e.g. Exemption Nos. 11062,

11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110, 11112, 11136, 11138, 11150, 11153,

11156, 11158, 11159, 11160, 11161).

Jake Shealy Productions 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 s afely operate the DJI Phantom 3 UAS in a manner

consistent with this exemption, including evasive and emergency maneuvers 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 pilot (with a minimum of 5 hours of those hours as

a UAS pilot operating the same make and model of UAS to be used for operations under the

exemption). In addition to the hour requirements, the PIC must accomplish 3 takeoffs and landings in

the preceding 90 days (for currency purposes).

As in Exemption Nos. 11062, 11138, and 11153, prior documented flight experience that was obtained

in compliance with a pplicable regulations will ensure an equivalent level of safety during Jake Shealy

Productions ’s proposed operations. The Administrator has held that prior documented flight experience

that was obtained in compliance with applicable regulations would ensure saf e operations, stating as

follows:

In Exemption No. 11062, the FAA required that prior to conducting operations for the purpose of

motion picture filming (or similar operations), the PIC must have accumulated and logged, in a manner

consistent with 14 CFR 6 1.51(b), 25 hours of total time as a UAS rotorcraft pilot including at least 10

hours logged as a UAS pilot with a multi-rotor UAS. Prior to operations under Exemption No. 11062,

the PIC must also have accumulated and logged a minimum of 5 hours as a UAS p ilot operating the

same make and model of UAS to be used for operations under the exemption. For clarification, the

FAA considers these minimum hour requirements to be inclusive rather than additive; i.e. 5 hours make

and model time may be included in the 10 hours of multi-rotor time and the 10 hours may be included

in the total 25 hours of UAS rotorcraft time. In addition to the hour requirements, the PIC must20

accomplish 3 takeoffs and landi ngs in the preceding 90 days (for currency purposes). The FAA finds

that at a minimum, the flight-hour requirements in Exemption No. 11062 are appropriate to practice and

build proficiency in the skills necessary to safely conduct the petitioner’s propose d operations. The

FAA also finds that prior documented flight experience that was obtained in compliance with

applicable regulations would satisfy this requirement. Training, proficiency, and experience-building

flights can also be conducted under the gran t of exemption to accomplish the required flight time.

During training, proficiency, and experience-building flights the PIC is required to operate the UA with

appropriate distances in accordance with 14 C.F.R 91.119.

Exemption No. 11138 at page 15.

Ac cordingly, Jake Shealy Productions will ensure safe operations by not allowing any PIC 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 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 Exemption From The Requirements Of Section 91.7(a) Would N ot Adversely

Affect Safety.

The equivalent level of safety established by Section 91.7(a) will be maintained because prior to every

flight, Jake Shealy Productions will ensure that the DJI Phantom 3 UAS is in an airworthy condition

based upon the UAS’s complia nce with its operating documents and as stated in the conditions and

limitations herein.

Additionally, the FAA has previously granted relief from Section 91.7(a) specific to UAS, in

circumstances similar, in all material respects, to those presented herein (e.g. Exemption Nos. 11062,

11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110, 11112, 11136, 11138, 11150, 11153,

11156, 11157, 11158, 11159, 11160, 11161).

4. Reasons Why An Exemption From The Requirements Of Section 91.121 Would Not Adversely

Affect Safety.

The equivalent level of safety established by Section 91.121 will be maintained because the altitude

information of the DJI Phantom 3 UA will be provided to the PIC via GPS equipment and a radio

communications telemetry data link, which downlinks f rom the UA to the GCS for active monitoring

of the flight path and altitude. This altitude information, combined with Jake Shealy Productions ’s

operation of the DJI Phantom 3 UA within visual line of sight, at or below 500 feet AGL, will ensure

a level of safet y equivalent to Section 91.121. The altitude information will be generated by GPS

equipment installed onboard the aircraft. Prior to each flight, a zero altitude initiation point is

automatically established by the UAS at ground level.

The FAA has previou sly granted relief from Section 91.121 specific to UAS, in circumstances similar,

in all material respects, to those presented herein (e.g. Exemption Nos. 11062, 11063, 11064, 11065,

11066, 11067, 11080, 11109, 11112, 11136, 11138, 11150, 11153, 11156, 111 57, 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. Section21

91.151(b) as a res ult of (1) the technical specifications of the DJI Phantom 3 UAS; (2) the limitations

on the proposed flight operations; and (3) the location of the proposed flight operations. Accordingly,

Jake Shealy Productions will ensure that it will safely operate the battery powered DJI Phantom 3 UA

during daylight hours in VFR c onditions, with enough battery power to fly for a total duration of 15

minutes to the first point of intended landing and, assuming normal cruising speed, to fly after that for

at least 4.5 minutes.

Here, as in Exemption No. 11109, the technical specific ations 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 provides audible and visual warnings to the PIC at the GCS when

the UA experiences low battery voltage, the first warning occurring at approximately 33% remaining

battery power, and again at approximately 10% remaining battery 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 Section 91.151 establish that safety

is not adversely affected when the technical characteristics and 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 Exemption Nos. 2689, 5745, and 10650. Moreover, the FAA has

previously granted relief from Section 91.151 sp ecific to UAS, in circumstances similar, in all material

respects, to those presented herein (e.g. Exemption Nos. 8811, 10808, 10673, 11042, 11062, 11063,

11064, 11065, 11066, 11067, 11080, 11109, 11110, 11136, 11138, 11150, 11153, 11156, 11157,

11158, 111 59, 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, Jake Shealy Productions submits that the equivalent level of safety with

regard to the regulatory maintenance and alteration requirements established by Sections 91.405(a),

91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b) will be met because Jake Shealy

Productions

will use trained technicians to perfor m maintenance, alterations, or preventive maintenance on the UAS

using the methods, techniques, and practices prescribed in the operating documents (i.e., the Jake Shealy

Productions Aerial Operations Manual, Monthly Maintenance Log, and DJI Phantom 3 Instruction

Manual). Furthermore, Jake Shealy Productions will document and maintain all maintenance records for

the DJI Phantom 3 UAS.

Since the DJI Phantom 3 UAS will be inspected as prescribed by the operating documents, Jake Shealy

Productions 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 Exhibit C and D; a

copy of the DJI Phantom 3 UAS Maintenance LOG is attached hereto as Exhibit C.

Likewise, the exemption sought will not adversely affect safety because Jake Shealy Productions 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 by22

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 documented 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 affec ted when the technical characteristics and operating limitations of the UAS are

considered.

In consideration of Jake Sh ealy Productions ’s proposed operating limitations, the operating

documents, and the technical aspects of the D JI Phantom 3 UAS, Jake Shealy Productions submits that

safety will not be adversely affected by granting exemption from 14 C.F.R. Sections 91.405(a),

91.407(a)(1) and (a)(2), 91.409(a)(2), and 91.417(a) and (b). The FAA has previously granted relief

specific to UAS in circumstances similar

, in all material respects, to those presented herein (e.g.

Exemption Nos. 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110, 11112, 11136,

11138, 11150, 11153,

11156, 11157, 11158, 11159, 11160, 11161).

7. The FAA May Prescribe Any Other Conditi ons For Safe Operation.

In accordance with Section 333 of the FAA Modernization and Reform Act of 2012 (FMRA) and 14

C.F.R. § 21.16 entitled Special Conditions, Jake Shealy Productions request that the FAA prescribe

special conditions for the intended operation of th e DJI Phantom 3 UAS, which contain such safety

standards that the Administrator finds necessary to establish a level of safety equivalent to that

established by 14 C.F.R. Part 21, Subpart H, and 14 C.F.R §§ 61.113(a) & (b), 91.7 (a), 91.121,

91.151(b), 91 .405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b). Such special conditions

will permit safe operation of the UAs for the limited purpose of conducting aerial video and

photography over certain areas of the United States for compensation o r hire. FMRA Section 333 sets

forth the requirements for considering whether a UAS will create a hazard to users of the NAS or the

public, or otherwise pose a threat to national security; and further, provides the authority for such UAS

to operate without airworthiness certification in accordance with any requirements that must be

established for the safe operation of the UAS in the NAS.

Likewise, the Administrator may prescribe s pecial 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 engine, or propeller because of a novel or unusual

design feature of the aircraft, aircraft engine or propeller, he prescribes special conditions and

amendments thereto for the product. The special conditions are issued in accordance with Part 11 of

this chapter and contain su ch safety standards for the aircraft, 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 Jake Shealy Productions intended operation of the DJI Phantom 3 UAS, which

contain such safety standards that the Administrator finds necessary to establish a level of safety

equivalent to that establ ished by 14 C.F.R. Part 21, Subpart H, and 14 C.F.R Sections 61.113(a) & (b),23

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, stating:

● The Rules From Which Jake Shealy Productions Seeks Exemption:

Jake Shealy Productions 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 Jake Shealy Productions Seeks:

This exemption will permit Jake Shealy Productions to commercially operate an Unmanned Aircraft

System (UAS) for the purpose of conducting aerial video and photography over certain areas of the

United States.

● Any Additional Information, Views, Or Arguments Available To Support Jake

Shealy Productions Request.

This Petition is made pursuant to the FAA Modernization and Reform Act of 2012

(FMRA) Section 333, which directs the Secretary of Transportation t o determine if certain UAS may

operate safely in the NAS. As such, Jake Shealy Productions ’s request for exemption may 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 requiremen ts for considering whether a UAS will create a hazard to

users of the NAS or the public, or otherwise pose a threat to national security; and further, provides the

authority for such UAS to operate without airworthiness certification.

As discussed in det ail above, Jake Shealy Productions 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.24

CONCLUSION

A s set forth herein, Jake Sheal y Productions 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 commercially, without an airworthiness certificate, for the limi ted

purpose of conducting aerial video and photography over certain 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 advanc ing the interests of the public, by allowing

Jake Shealy Productions to safely, efficiently, and economically operate the DJI Phantom 3 UASs

commercially within the NAS.

WHEREFORE

, in accordance with the Federal Aviation Regulations and the FAA Modernization a nd

Reform Act of 2012, Section 333, Jake Shealy Productions respectfully 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), 91.4 09(a)(1) & (a)(2), and 91.417(a) & (b), and

permit Jake Shealy Productions to operate the DJI Phantom 3 UASs commercially for the purpose of

conducting aerial video and photography over certain areas of the United States.

Dated: April 28, 2015

Respectfully submitted,

Jake Shealy

Roger Shealy

Jake Sheal y and

Roger Shealy

Jake Shealy Productions

165 Mackenzie Lane

Fayetteville, GA 3021425

Appendices :

A

– DJI Phantom 3 Specifications Data Sheet

APPENDIX

– A

DJI PHANTOM 3 TECHNICAL SPECIFICATIONS

http://www.dji.com/product/phantom

- 3/spec

Jake Shealy Productions only utilizes safe and reliable UASs. DJI is an industry leader in small UAS

production. DJI UASs are loaded with ground breaking software enabling the user to set paramet ers

which will not allow flight into controlled airspace. Parameters can also be set to limit flight to no

higher than a predetermined and set altitude as well as limit flight to a predetermined and set distance.

In addition, DJI software provides real-tim e altitude and location information to the PIC via the linked

monitor (smart phone/tablet devices)

DJI PHANTOM 3 USER MANUAL

http://www.dji.com/product/phantom

- 3/download26

C

– DJI Phantom 3 Maintenance Log

APPENDIX

– C

DJI PHANTOM 3 Maintenance Log