UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

FEDERAL AVIATION ADMINISTRATION

WASHINGTON, DC

Regulatory Docket No.

IN THE MATTER OF THE PETITION FOR EXEMPTION OF:

Ligh tSpeed Paperless Products, Inc,

dba SCOTT PHOTO WORKS

. Federal Employ er ID #: 20

- 2925866

DUNS #: 605702609

FOR AN EXEMPTION SEEKING RELIEF FROM THE REQUIREMENTS OF TITLE 14

OF THE CODE OF FEDERAL REGULATIONS SECTIONS 61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), AND 91.417(a) & (b) CONCERNING COMMERCIAL

OPERATION OF DJI PHANTOM 3 PROFESSIONAL

UNMANNED AIRCRAFT SYSTEM

PURSUANT TO SECTION 333 OF

THE FAA MODERNIZATION AND REFORM ACT OF 2012

(PUBLIC LAW 112

- 95)

Submitted on July 2 1

, 2015

Lightspeed Paperless Products, INC,

db a SCOTT PHOTO WORKS

Scott Schaeffler , President

217 Beachview Dr Fort Walton Beach, FL 32547

850

- 803

- 0885 scott@scottphotoworks.com2 TABLE OF CONTENTS

Page

GLOSSARY OF ABBREVIATIONS ............................................................

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

SUMMARY .........................................................................................................

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

INTRODUCTION AND INTERESTS OF PETITIONER....................................

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

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

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

BASIS FOR PETITION ..........................................................................................

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

A. NAME AND ADDRESS OF PETITIONER....................................................

. ...............6

B. THE SPECIFIC SECTIONS OF 14 C.F.R. FROM WHICH, SCOTT PHOTO WORKS

SEEKS EXEMPTION ..............................................................................

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

C. THE EXTENT OF RELIEF SCOTT PHOTO WORKS SEEKS AND THE REASON

SCOTT PHOTO WORKS SEEKS THE RELIEF ......................

..................... . . ...... .........10

D. THE REASONS WHY GRANTING SCOTT PHOTO WORKS ’S REQUEST WOULD

BE IN THE PUBLIC INTEREST ..............

........................................................... .. . ..... ..........13

E. THE REASONS WHY GRANTING THE EXEMPTION WOULD NOT ADVERSELY

AFFECT SAFETY................................................................................................

.. ... . .. ............ 1 5

F. A SUMMARY THAT CAN BE PUBLISHED IN THE FEDERAL REGISTER...

. ... . ......25

G. ANY ADDITIONAL INFORMATION, VIEWS, OR ARGUMENTS AVAILABLE TO SUPPORT SCOTT PHOTO WORKS' REQUEST....................................................

.. .. ..........25

CONCLUSION...................................................................................

........... .... . .... . .... . ...........263

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 Moderniz ation and Reform Act of 2012 (FMRA)

SO Safety Observer

SOP Standard Operating Procedures

UA Unmanned Aircraft

UAS Unmanned Aircraft System

VF R Visual Flight Rules

VLOS Visual Line of Site

VMC Visual Meteorological Conditions

VTOL Vertical Takeoff and Landing4 SUMMARY

Lightspeed Paperless Prod ucts, INC, dba Scott Photo Works (hereafter SCOTT PHOTO WORKS), seeks exemption from the requirements of 14 C.F.R §§ 61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b), to operate an Unmanned Ai rcraft System pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (FMRA). This exemption will permit SCOTT

PHOTO WORKS to operate an Unmanned Aircraft System ( UAS ) for the commercial purpose of conducting aerial video and photography of real estate properties, aerial surveying, and other special events, over certain areas of the United States.

INTRODUCTION AND INTERESTS OF THE PETITIONER

My name is Scott Schaeffler and I am the owner and president of Lightspeed Paperless Prod ucts, INC, dba SCOTT PHOTO WORKS. I am also a c ommercial pilot (both airplane and rotorcraft). My company provides photography services to the real estate

m arket in the Florida Panhandle, in addition to aerial photography services for a local aviation company. We also provide similar services to vari ous special events in the same

area. The objective of SCOTT PHOTO WORKS ’ aerial video and photography operations is to provide high quality imaging for a variety of commercial, public, and residential uses, specifically targeting:

• Real Estate Videogra phy and Photography

• Special Event Videography and Photography

• Land survey & appraisals

• Construction sites before & after5 BACKGROUND

Unmanned Aircraft System: DJI Phantom 3 Professional UAS

SCOTT PHOTO WORKS seeks an exemption to operate DJI sys tems for compensation

or hire within the NAS. The DJI Phantom 3 Professional 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 Professio nal has a maximum gross weight of approximately 2 pounds 11 ounces, while having a length of 16 inches width of 16 inches, height of 8 inches, and a maximum speed of approximately 29 knots. It

is equipped with four main rotors; driven by Lithium Polymer b attery powered electric

motors.

The DJI Phantom 3 Professional that will be operated by SCOTT PHOTO WORKS 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 ac cordance with 14
C.F.R. Part 45, Identification and Registration Marking

.

BASIS FOR PETITION

Petitioner, SCOTT PHOTO WORKS, pursuant t o the provisions of the Federal Aviation Regulations (14 C.F.R. § 11.61) and the FAA Modernization and Reform Act of 20 12 (FMRA), Section 333, Special Rules for Certain Unmanned Aircraft Systems, hereby petitions the Administrator to commer cially operate the DJI Phantom 3 Professional 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, SCOTT PHOTO WORKS operation of DJI Phantom

3 Professional UAS meets the conditions of FMRA Section 333 and therefore, will not require an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H.

Accordingly, SCOTT PHOTO WORKS requests re lief 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.

SCOTT PHOTO WORKS submits that the requested re lief is proper since an equivalent level of safety will be ensured. SCOTT PHOTO WORKS will use experienced personnel or technicians to perform maintenance, alterations, or pr eventive maintenance on

the UAS using the methods, techniques, and practices presc ribed in the operating documents (i.e., Monthly Maintenanc e Log, and DJI Phantom 3 Professional Instruction Manual). Furthermore, SCOTT PHOTO WORKS will document and maintain all maintenance records

for the DJI Phantom 3 Professional UAS

.6 Relief from cert ain requirements of Section 61.113(a) and (b), entitled Private pilot privileges and limitations: Pilot in command , is requested by SCOTT PHOTO WORKS to the extent necessary to allow a Pilot in Command (PIC) holding a sport pilot or higher level

certifica te, as well as an airman medical certificate or valid U.S. drivers license , and who has demonstrated, by meeting minimum flight

- hour and currency requirements, that the PIC is able to safely operate the DJI Phantom 3 Professional UAS in a manner consistent with this exemption, including evasive and emergency maneuvers and maintaining appropriate distances from people, vessels, vehicles and structures.

SCOTT PHOTO WORKS seeks relief from Section 91.7(a), entitled Civil aircraft

airworthiness , because the DJ I Phantom 3 Professional UAS do es not require an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H. As such, SCOTT PHOTO WORKS submits that they will ensure that the DJI Phantom 3

Professional UAS is in an airworthy condition, prior to every flight, by determining that the

UAS is in compliance with the operating documents (i.e., Monthly Maintenance Log, and DJI

Phantom 3 Professional Instruction Manual), and that the aircraft is in a condition for safe flight.

SCOTT PHOTO WORKS also seeks an exemption from the requirements of Section 91.121, entitled Altimeter Settings , as the DJI Phantom 3 Professional UAS will not have a typical barometric altimeter onboard. However, altitude information of the

DJI Phantom 3 Professional UAS will b e 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 SCOTT PHOTO WORKS ’s operation of the DJI Phantom 3 Professional UAS within visual line of sight, at or below 500 feet AGL, will ensure a level of safety equivalent to Section 91.121.

Additionally, SCOTT PHOTO WORKS seeks an exemption from the requirements of Section 91.151(b ), entitled Fuel requirements for flight in VFR conditions. SCOTT PHOTO

WORKS submits that safety will not be affected by operation of the DJI Phantom 3

Professional UAS during daylight hours in visual meteorological conditions (VMC) under visual flight ru les (VFR), with enough battery power to fly for a total duration of approximately 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.

In accordance with 14 C.F.R. § 11.81, SC OTT PHOTO WORKS provides the following information in support of its petition for exemption:

A. Name And Address Of The Petitioner. The name and address of the Petitioner and point of contact is:
Scott Schaeffler

Scott Photo Works

217 Beachview Dr

Fort Wa lton Beach, FL 32547 Tel: ( 850) 803

- 0885

Email: scott@scottphotoworks.com7

B. The Specific Sections Of 14 C.F.R. From Which SCOTT PHOTO WORKS s eeks Exemption.

1. SCOTT PHOTO WORKS Seeks Exemption From The Requirements Of

Section Part 21, Subpart H

14 C. F.R. Part 21, Subpart H, establishes the procedural requirements for the issuance of airworthiness certificates as required by 14 C.F.R. §91.203(a)(1)

2. SCOTT PHOTO WORKS Seeks Exemption From The Requirements Of

Section 61.113(a) And (b).

Section 61.113 , entitled Private pilot privileges and limitations: Pilot in command

, subsections (a) and (b) prescribe the following, in relevant part: (a) No person who holds a private pilot certificate may act as a pilot in command (PIC) of an aircraft that is carryin g 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.

3. SCOTT PHOTO WORKS Seeks Exemption From The Requirements Of

Section 91.7(a).

Section 91.7, entitled Civ il aircraft airworthiness , subsection (a), states the following: (a) No person may operate a civil aircraft unless it is in an airworthy condition.

4. SCOTT PHOTO WORKS Seeks Exemption From The Requirements Of

Section 91.121.

Section 91.121, entitled Alt imeter settings , subsection (a), states the following, in

part: (a) Each person operating an aircraft shall maintain the cruising altitude or flight level of that aircraft, as the case may be, by reference to an altimeter that is set, when operating

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

-- (i) The current reported altimeter setting of a station along the route and within 100 nautical miles of the aircraft; (ii) If there is no station within the area prescribed in paragraph (a)(1)(i) of this section, the current re ported 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.8 5. SCOTT PHOTO WORKS 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 (considerin g 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.

6. SCOTT PHOTO WORKS Seeks Exemption From The Requirement Of Section 91.405(a).

Section 91.405, entitled Maintenance required , subsection (a), states the following: Each owner or operator of an aircraft

—

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

7. SCOTT PHOTO WORKS Seeks Exemption From The Requirements Of

Section 91.407(a)(1)

Section 91.407, entitled Operation after main tenance, 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[.]

8. SCOTT PHOTO WORKS Seeks 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 provided 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 person authorized by § 43.7 of this chapter; or (2) An inspection for the issuance of an airworthiness certificate in accordance with part 21 of this chapter.

9. SCOTT PHOTO WORKS 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:9 (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 (inc luding the airframe) and each engine, propeller, rotor, and appliance of an aircraft. The records must

include

-- (i) A description (or reference to data acceptable to the Administrator) of the work performed; and (ii) The date of completion of the work per formed; 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 cur rent 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

safet y directives including, for each, the method of compliance, the AD or safety directive 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 prescribe d by § 43.9(d) of this chapter for each major alteration to the airframe and currently installed engines, rotors, propellers, and appliances. (b) The owner or operator shall retain the following records for the periods prescribed: (1) The records specified in paragraph (a)(1) of this 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 retained

and transferred with th e 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 Ex tent Of Relief SCOTT PHOTO WORKS Seeks And The Reason SCOTT
PHOTO WORKS Seeks The Relief.

1. SCOTT PHOTO WORKS Seeks Exemption From The Requirements Of Section Part 21, Subpart H

Given the size and limited operating area associated with the UAS to be uti lized by

SCOTT PHOTO WORKS , an exemption from Part 21 Subpart H meets the requirements of an equivalent level of safety under Part 11 and Section 333 of the

Reform Act.

The Federal Aviation Act (49 U.S.C.§ 44701(f)) and Section 333 of the Reform Act

both authorize the FAA to exempt aircraft from the requirement for an airworthiness certificate, upon consideration of the size, weight, speed, operational capability, and proximity to airports and populated areas of the particular UAS

.

In all cases, an analys is of these criteria demonstrates that the UAS operated without an airworthiness certificate, in the restricted environment and under the conditions proposed will be at least as safe, or safer, than a conventional rotorcraft operating with

an airworthiness certificate without the restrictions and conditions of the proposed

UAS operations.

2. Extent Of Relief SCOTT PHOTO WORKS Seeks And The Reason

SCOTT PHOTO WORKS 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 holding a private pilot or higher level certificate, as well as a current and valid airman medical certificate, and who has met certain flight

- h our 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 P IC 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, SCOTT PHOTO WORKS submits that an equivalent level of safety will be maintained because no PIC will be allowed to operate the DJI

Phantom 3 Professional UAS unless that PIC has met certain flight

- hour and currency requirements, demonstrating that the PIC is abl e to safely operate t he DJI

Phantom 3 UAS in a manner consistent with the operations specifications as described in this exemption, including evasive and emergency maneuvers, as well as maintaining appropriate distances from people, vessels, vehicles and s tructures.

Further, SCOTT PHOTO WORKS submits that all flights of the DJI Phantom 3

Professional UAS , conducted by the PIC pursuant to the grant of this Petition: (1)
will be incidental to SCOTT PHOTO WORKS' business; and (2) will not carry

passengers or property for compensation or hire.11 3. Extent Of Relief SCOTT PHOTO WORKS Seeks And The Reason

SCOTT PHOTO WORKS Seeks Relief From Section 91.7(a)

.

Relief from Section 91.7(a) entitled Civil aircraft airworthiness , is requested to the extent required to a llow SCOTT PHOTO WORKS to determine that the DJI Phantom 3

Professional UAS is in airworthy condition prior to every flight by ensuring that the

UAS is in compliance with the operating documents (i.e., the SCOTT PHOTO

WORKS Aerial Operations Manual, Monthl y Maintenance Log, and DJI Phantom 3 Professional Instruction Manual).

SCOTT PHOTO WORKS seeks the requested relief because the DJI Phantom 3

Professional UAS do es not require an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H. T herefore, SCOTT PHOTO WORKS will ensure that the

DJI Phantom 3 Professional UAS is in airworthy condition based upon its compliance with the operating documents (i.e., Monthly Maintenance Log, and DJI Phantom 3

Professional Instruction Manual) prior to eve ry flight, and further, determine that the

aircraft is in condition for safe flight, as stated in the conditions and limitations below.

4. Extent Of Relief SCOTT PHOTO WORKS Seeks And The Reason
SCOTT PHOTO WORKS 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 Professional UAS , which utilize a barometric pressure sensor, GPS equipment, and a radio communications telemetry data link to

downlink altitu de information from the UAS to the PIC at the ground control station (GCS). Since the FAA requires that any altitude information concerning UAS operations be reported to air traffic control (ATC) in feet above ground level (AGL),

SCOTT PHOTO WORKS seeks th e requested relief because the DJI Phantom 3

Professional UAS ’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 operatio ns, 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 Professional UAS 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.

5. Extent Of Relief SCOTT PHOTO WORKS Seeks And The Reason SCOTT

PHOTO WORKS 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 allo w flights of the battery powered DJI Phantom

3 Professional UAS 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 of12 intended landing and, assuming norm al cruising speed, to fly after that for at least 4.5

minutes. SCOTT PHOTO WORKS seeks the requested relief because without an exemption from Section 91.151(b), the flight time duration of the battery powered DJI

Phantom 3 Professional UAS will severely co nstrain the practicality of any aerial video or still photo flight operations that SCOTT PHOTO WORKS proposes to conduct pursuant to this Petition.

Significantly, as set forth below, the technical specifications of the DJI Phantom 3

Professional UAS , the DJI Phantom 3 Professional operating documents, and SCOTT

PHOTO WORKS' proposed operating limitations, ensure that SCOTT PHOTO WORKS will safely operate the battery powered DJI Phantom 3 Professional UAS during daylight hours in visual meteorological condi tions (VMC), under visual flight rules (VFR), with enough battery power to fly 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.

6. Extent Of Relief SCOTT PHOTO WORKS Seeks And The Reason

SCOTT PHOTO WORKS 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 airc raft with an airworthiness certificate, SCOTT PHOTO WORKS requests
relief from these Sections because the DJI Phantom 3 Professional UAS do es not require airworthiness certificates. As set forth more fully below, the DJI Phantom 3

Professional UAS meet s th e conditions of FMRA Section 333 for operation without an airworthiness certificate. Accordingly, SCOTT PHOTO WORKS will use trained technicians to perform maintenance, alterations, or preventive maintenance on the UAS using the methods, techniques, and pr actices prescribed in the UAS operating documents (i.e., the SCOTT PHOTO WORKS Aerial Operations Manual, Monthly Maintenance Log, and DJI Phantom 3 Professional Instruction Manual). Furthermore,

SCOTT PHOTO WORKS will document and maintain all maintenance records for the

DJI Phantom 3 Professional UAS

.13

D. The Reasons Why Granting SCOTT PHOTO WORKS ' Request Would Be In The

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

Granting the present Petition will further the public interest by allowing SCOTT PHOTO

WORKS to safely, efficiently, and economically perform aerial video a nd photography of, real

estate , special events, agriculture, land survey & appraisal, and construction sites over certain

areas of the United States. Additionally, use of the DJI Phantom 3 Professional UAS will decrease congestion of the NAS, reduce pollution, and provide significant benefits to the economy. Notably, the benefits

of SCOTT PHOTO WORKS ’s proposed operation of the DJI Phantom 3 Professional UAS

will be realized without implicating any privacy issues.

1. The Public Will Benefit From Decreased Congestion Of The NAS.

The DJI Phantom 3 Professional UAS is battery powered and serve s as a safe, efficient,

and economical alternative to the manned aircraft tr aditionally 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 Professional 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 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 wi ll be reduced.

The DJI Phantom 3 Professional UAS do es not require an airport to takeoff or land.

Likewise, a reduction of manned aircraft conducting aerial video and photography missions would result in fewer aircraft that must be handled by air traffic control during the ground, takeoff, departure, arrival, and landing phases of flight operations.

2. The Public Will Benefit From The Safety And Efficiency Of The DJI Phantom 3

Professional UAS

.

Conducting aerial acquisitions with the DJI Phantom 3 Profes sional UAS , instead of manned aircraft, will greatly benefit the public by drastically reducing the levels of air and noise pollution generated during traditional aerial video and still photography flight operations. By using battery power and electric mot ors, the DJI Phantom 3 Professional

UAS produce s 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 Professional UAS , while reducing the carbon footprint of aerial acquisitions, also eliminates noise pollution, as

the UAS is propelled by battery powered elect ric motors, rather than an internal combustion engine.

By using the DJI Phantom 3 Professional 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 operations, will be substantially14 reduced or completely eliminated. Aside from the lack of flight crew members located onboard the aircraft, the DJI Phantom 3 Professional UAS (weighing approximately 2 pounds 13 ounces including battery wit h a length & width of 16 inches), 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 approximately 6,000 pounds with a wi ngspan 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 2 Vision+ and DJI Inspire 1 UAS Will Benefit The Economy.

In addition to being safe and efficient, the DJI Phantom 3 Professional

UAS is also an economical alternative to using manned aircraft to conduct similar aerial operations. As such, operation of the DJI Phantom 3 Professional

UAS will allow United States based companies, like SCOTT PHO TO WORKS , to remain competitive and contribute to growth of the U.S. economy. Specifically, with the rising cost of aviation fuel and the Environmental Protection Agency (“EPA”) regulatory actions phasing out leaded aviation fuels, U.S. owned and operated companies must adopt new and alternative technology in order to remain competitive. Operating the battery powered DJI Phantom 3 Professional UAS is one such technology that not only allows companies greater operational flexibility compared to

manned aircra ft, but provides such flexibility without the high operational cost of a

traditional manned aircraft.

By operating the DJI Phantom 3 Professional UAS , companies such as SCOTT

PHOTO WORKS , can remain competitive and profitable, and therefore, provide

great er 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 Professional 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 m anned aerial acquisition flight operations that have been conducted for decades, SCOTT PHOTO WORKS ’ proposed operation of the DJI Phantom 3

Professional UAS will not implicate any privacy issues. Specifically, the DJI

Phantom 3 Professional UAS will be ope rated only in compliance with operating documents (i.e., the SCOTT PHOTO WORKS Aerial Operations Manual, Monthly

Maintenance Log, and DJI Phantom 3 Professional Instruction Manual) which requires property owner involvement 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. § 91.119.15

E. The Reasons Why Granting The Exemption Would Not Adversely Affect Safety, Or How The Exemption Would Provide A L evel Of Safety At Least Equal To That Provided By The Rule From Which SCOTT PHOTO WORKS Seeks Exemption.

1. Reasons Why The DJI Phantom 3 Professional UAS Meet s The Conditions Of The FAA Modernization and Reform Act of 2012 (FMRA) Section

333.

In conside ration of the size, weight, speed, and limited operating area associated with the unmanned aircraft and its operation, SCOTT PHOTO WORKS ’ operation of the

DJI Phantom 3 Professional UAS meet s the conditions of FMRA Section 333, and will not require an airw orthiness certificate in accordance with 14 C.F.R. Part 21, Subpart

H.

Section 333 provides authority 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 N AS 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 enactme nt of this Act, the Secretary of Transportation shall determine if certain unmanned aircraft systems may operate safely in the national airspace system before completion of the plan and rulemaking required by section 332 of this Act or the guidance require d 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, we ight, speed, operational capability, proximity to airports and populated areas, and operation within visual line of sight do not create a hazard to users of the national airspace system or the 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 aircraft systems in the national airspace system.

In seeking this exemption, SCOTT PHOTO WORKS submits that the DJI Phantom 3

Professional UAS can operate safely in the NAS pursuant to FMRA Section 333, as demonstrated by: (a) the characteristics of the DJI Phantom 3 Professional

UAS ; ( b) the pilot certification requirement; and (c) the specific operating limitations.16 a. The Specifications Of The DJI Phantom 3 Professional UAS Demonstrate
Its Safe Characteristics.

The DJI Phantom 3 Professional UAS do es 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 Professional

UAS

. The technical specifications of the DJI Phantom 3 Pr ofessional

UAS are set forth by the DJI Phantom 3 Professional Specifications Sheet, attached hereto as Exhibit A

.

ii. The DJI Phantom 3 Professional UAS Autonomous Flight And Navigation Modes Enable The UAS To Remain Within A Defined Operational Area.

Th e DJI Phantom 3 Professional UAS may be operated in both manual

and fully autonomous flight modes. A complete description of the flight and navigational modes of the DJI Phantom 3 Professional UAS are provided at pages 11 and 26 of the DJI Phantom 3 Profes sional User
Manual , attached hereto as Exhibit B

.

iii. The DJI Phantom 3 Professional UAS Is Designed For

Automatic Return To Home Point Or Hover In The Event Of Loss Of The Control Link Or Navigation. When the Control Link is lost, the DJI Phantom 3 Prof essional UAS will remain stationary, in flight, for 3 seconds or more. If, after 3 seconds, the DJI Phantom 3 Professional UAS do es not reacquire control link data from the GCS, the UAS will assume that the Control

Link is lost and the UAS will return to t he home position (i.e., failsafe mode) via GPS, and will descend to the takeoff position and
shutdown. A complete description of the Failsafe Functions for the DJI

Phantom 3 Professional UAS are set forth on page 14 of the DJI Phantom
3 Professional User M anual attached hereto as Exhibit B

.

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

A complete description of the operation and specifications of the DJI

Phantom 3 Professional GCS and flight control software is provided at pages 22 through 29 o f the DJI Phantom 3 Professional User Manual

attached hereto as Exhibi ts B

.

b. Flight Operations Of DJI Phantom 3 Professional UAS Is Limited To The Line Of Sight Of A Certificated Pilot in Command With A Safety

Observer.

SCOTT PHOTO WORKS will only util ize certificated pilots who possess a

current and valid airman medical certificate to act as a pilot in command (PIC) of

the DJI Phantom 3 Professional UAS . Additionally, a safety observer will assist all pilots during flight time.17 c. Flights Of DJI Phant om 3 Professional UAS Will Be Conducted Pursuant To Specific Operating Limitations.

In seeking this exemption, SCOTT PHOTO WORKS proposes to commercially operate DJI Phantom 3 Professional UAS for the special purpose of conducting aerial video and photogr aphy over certain areas of United States, pursuant to the following specific operating limitations:

1. Operations authorized by this grant of exemption will be limited to the following aircraft described in the operating documents, rotorcraft UAS weighing less than 55 pounds maximum gross weight: DJI Phantom 3

Professional Unmanned Aircraft System

. 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 limite d to conducting operations for the purpose of aerial video and photography.

3. The UAS may not be flown at an indicated airspeed exceeding 31 knots.

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

5. The UAS must be operated within visual line of sight (VLOS) of the PIC at

all times. This r equires the PIC to be able to use human vision unaided by any device other than corrective lenses, as specified on the PIC’s FAA

- issued

airman medical certificate.

6 . All operations must utilize a safety observer (SO). The SO may be used to satisfy the VL OS requirement as long as the PIC always maintains VLOS capability. The SO and PIC must be able to communicate verbally at all times. Electronic messaging or texting is not permitted during flight operations. The PIC must be designated before the flight an d 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.

7 . 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.

8 . 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 ta ke precedence18 and must be followed. Otherwise, the operator must follow the procedures as outlined in its operating documents. The operator may update or revise its operating documents. It is the operator’s responsibility to track such revisions and presen t 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 any update or revision wou ld affect the basis upon which the FAA granted the exemption, then the operator must petition for amendment to its grant of exemption. The

FAA’s UAS Integration Office (AFS

- 80) may be contacted if questions arise regarding updates or revisions to the opera ting documents.

9 . Prior to each flight the PIC must inspect the UAS to ensure that it is in a condition for safe flight. 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. If the inspection reveals a condition that affects the safe operation of the UAS , the aircraft is prohibited from operating until the necessary maintenance has been p erformed

and the UAS is foun d to be in a condition for safe flight. The Ground Control Station must be included in the preflight inspection. The PIC will make an entry in the aircraft record of the corrective action taken against discrepancies discovered between inspections.

10 . An y 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 functional test flight

must be conducted in such

a mann er so as to not pose an undue hazard to persons and property

.

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

12 . Each UAS operated under this exemptio n must comply with all manufacturer Safety

Bulletins.

13

. The PIC must hold either an airline transport, commercial, private, recreational, or sport pilot certificate. The PIC must also hold a current FAA
airman medical certificate or a valid U.S. driver’ s license issued by a state, the District of Columbia, Puerto Rico, a territory, a possession, or the

Federal government. The PIC must also meet the flight review requirements specified in 14 CFR § 61.56 in an aircraft in which the PIC is rated on his or her pilot certificate.

14 . 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 and19 structures. PIC qualification flight hours must be logged in a manner consistent with 14 C.F.R. § 61.51(b). Flights for the purpo ses of training the operator’s PICs are permitted under the terms of the exemption. However, training operations may only be conducted during dedicated training sessions. During training, proficiency, and experience

- building flights, all
persons not essent ial 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.

15

. UAS operations may not be conducted during night, as defined in 14 C.F.R. § 1.1. All operations must be conducted under visual meteorological 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) a re not authorized.

16

. The UA S may not operate within 5 nautical miles of an airport reference point (ARP) as denoted in the current FAA Airport/Facility Directory (AFD) or for airports not denoted with an ARP, the center of the airport symbol as denoted on the current

FAA

- published aeronautical chart, unless a letter of agreement with that airport’s management is obtained or otherwise permitted by a COA issued to the exemption holder. The letter of agreement with the airport management must be made

availa ble to the Administrator or any law enforcement official upon request. The

17 . The UA may not be operated less than 500 feet below or less than 2,000 feet horizontally from a cloud or when visibility is less than 3 statute
miles from the PIC.

18 . 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.

19 . The PIC must abort the flight in the event of unpredi cted obstacles or emergencies

.

20 . 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.

21 . The operator must obtain an Air Traffic Organization (ATO) issued Certificate of Waiver or Authorization (COA) prior to conducting any operations under the grant of exemption. All operations shall be conducted in

accordance with the ATO

- issued COA.

22 . All aircraft operated in accordance with the exemption must be identified by serial number, registered in accordance with 14 C.F.R. part 47, and have20 identification (N

- Number) markings in accordance with 14 C.F.R. part 45, Subpart C. Markings must be as large as practicable

.

23

. Documents used by the operator to ensure the safe operation and flight of

the UAS and any documents required under 14 C.F.R. 91.9 and 91.203 must
be available to the PIC at the Ground Control Station of the U AS any time the

UAS is operating. These documents must be made available to the Administrator or any law enforcement official upon request.

24 . The UA must remain clear and yield the right of way to all

manned aviation o perations and activities at all tim es.

25 . The UAS may not be operated by the PIC from any moving device or

vehicle.

26 . Flight operations must be conducted at least 500 feet fro m all nonparticipating persons , vessels, vehicles, and structures unless ( The PIC, VO, operator trainees or es sential persons are not considered nonparticipating

persons ) : a. Barriers or structures are present that sufficiently protect nonparticipating persons from the UA and/or debris in the event of an accident. The operator must ensure that nonparticipating per sons 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 structur es where the owner/controller of such vessels, vehicles or structures has granted permission for operating closer to those objects and the PIC has made a safety assessment of the risk of operating closer to those objects and determined that it does not

pre sent 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).

27 . All operations shall be conducted over private or controlled

- access property with p ermission 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.

28 . Any incident, accident, or flight operation that transgresses t he 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 Board (NTSB) per inst ructions contained on the NTSB Web site: www.ntsb.gov

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

SCOTT PHOTO WORKS submits that the equivalent level of safety established by Section 61.113(a) and (b) will be maintained because no PIC will be allowed to operate the DJI Phantom 3 Professional UAS unless that PIC has demonstrated, by meeting minimum flight

- hour and currency requirements, that the

PI C is able to safely operate the DJI Phantom 3 Professional UAS in a manner consistent with the exemption, including evasive and emergency maneuvers and maintaining appropriate distances from people, vessels, vehicles and structures.

Considering SCOTT PHOT O WORKS ’s proposed area of operations, and the operating limitations set forth

- above; the parallel nature of FAA

- certified pilot aeronautical knowledge requirements to those of commercial pilot requirements (See Exemption No. 11062); and the airmanship ski lls necessary to safely operate the DJI

Phantom 3 Professional UAS

, SCOTT PHOTO WORKS submits that the additional manned airmanship experience of a commercially certificated pilot would not correlate to the airmanship skills necessary for SCOTT PHOTO WORKS ’ specific proposed flight operations.

The FAA has previously granted relief from Section 61.113(a) and (b) specific

to UAS , in circumstances similar, in all material respects, to those presented herein (e.g. Exemption Nos. 11062, 11063, 11064, 11065, 110 66, 11067, 11080, 11109, 11110, 11112, 11136, 11138, 11150, 11153, 11156, 11158, 11159, 11160, 11161).

SCOTT PHOTO WORKS will not allow any PIC to operate the DJI Phantom 3

Professional UAS un less that PIC has demonstrated that the PIC is able to safely

o perate the DJI Phantom 3 Professional 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 the PIC must have accumu lated and logged, in a manner consistent with 14 CFR 61.51(b), a minimum of 25 hours of total time as a UAS rotorcraft pilot including at least 10 hours logged as a U AS pilot with a multi

- rotor
UAS (with a minimum of 5 hours of those hours as a UAS pilot o perating 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).

3. Reasons Why An Exemption Fro m The Requirements Of Section 9 1.7(a) Would Not Adversely Affect Safety.

The equivalent level of safety established by Section 91.7(a) will be maintained because prior to every flight, SCOTT PHOTO WORKS will ensure that

the DJI Phantom 3 Professional UAS is in an airworthy condition based upon the

UAS '22 compliance with its operating documents and as stated in the conditions and

limitations herein. Additionally, the FAA has previously granted relief from Section 91.7(a) specific to UAS , in circumstances simi lar, 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 Professional UAS will be provided to the PIC via GPS e quipment 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 information, combined with SCOTT PHOTO WORKS ’ operation of the DJI Phantom 3 Professional U AS within vis ual line of sight, at or

below 4 00 feet AGL, will ensure a level of safety equivalent to Section 91.121. The altitude information will be generated by GPS equipment installed onboard the

aircraft. Prior to each flight, a zero altitude initiati on point is automatically established by the UAS at ground level.

The FAA has previously granted relief from Section 91.121 specific to UAS

, in circumstances similar, in all material respects, to those presented herein (e.g. Exemption Nos. 11062, 11063, 1 1064, 11065, 11066, 11067, 11080, 11109, 11112, 11136, 11138, 11150, 11153, 11156, 11157, 11158, 11159, 11160, 11161).

5. Reasons Why An Exemption From The Requirements Of Section 91.151(b) Would Not Adversely Affect Safety.

A grant of this exemption wou ld ensure an equivalent level of safety established by 14 C.F.R. Section 91.151(b) as a result of (1) the technical specifications of the DJI Phantom 3 Professional UAS ; (2) the limitations on the proposed flight operations; and (3) the location of the pro posed flight operations. Accordingly, SCOTT PHOTO WORKS will ensure that it will safely operate the battery powered DJI Phantom 3 Professional UAS during daylight hours in VFR conditions, with enough battery power to fly for a total duration of 13.5 minute s 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 specifications of the DJI Phantom

3 Professional 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 Professional UAS provide s audible and visual warn ings to the PIC

at the GCS when the UAS experiences low battery voltage, the first warning occurring at approximately 33% remaining battery power, and again at approximately23 10% remaining battery power. At the critically low battery level, the DJI Phantom 3
Professional 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 specific to UAS , in circumstances similar, in all material respects, to those presented herein (e.g. Exemption Nos. 8811, 10808, 10673, 11042, 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110, 11136, 11138, 11150, 11153, 11156, 11157, 11158, 11159, 11160, 11161).

6. Reasons Why An Exemption From The Requirements Of Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), And 91.417(a) & (b) Would Not Adversely
Affect Safety.

In seeking this exemption, SCOTT PHOTO WORKS 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 SCOTT PHOTO WORKS will use trained technicians to perform mainte nance, alterations, or preventive maintenance on the

UAS using the methods, techniques, and practices prescribed in the operating documents (i.e., the SCOTT PHOTO WORKS Aerial Operations Manual, Monthly Maintenance Log, and DJI Phantom 3 Professional Instr uction Manual). Furthermore,

SCOTT PHOTO WORKS will document and maintain all maintenance records for

the DJI Phantom 3 Professional UAS

.

Since the DJI Phantom 3 Professional UAS will be inspected as prescribed by the operating documents, SCOTT PHOTO WORK S 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 Professional User Manual is attached hereto as Exhibit B ; a copy of

the DJI Phantom 3 Professional UAS Maintenance LOG is attached hereto as Exhibit

C

.

Likewise, the exemption sought will not adversely affect safety because

SCOTT PHOTO WORKS will use trained technicians to perform maintenance, alterations or preventive maintenance on the UAS using the methods, techni ques, and practices prescribed by the operating documents.

Furthermore, the exemption sought would maintain an equivalent level of safety established by Sections 91.407, 91.417(a) and 91.417(b), because all maintenance of the

DJI Phantom 3 Professional UA S 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 Sections24 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b) establish that safety is not adversely affected when the technical characteristics and operating

limitations of the UAS are considered.

In consideration of SCOTT PHOTO WORKS ’ proposed operating limitations, the operating documents, and the technical aspects of the DJI Phantom 3 Professional

UAS

, SCOTT PHOTO WORKS 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 ha s 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, 1 1158, 11159, 11160, 11161).

7. The FAA May Prescribe Any Other Conditions For Safe Operation.

In accordance with Section 333 of the FAA Modernization and Reform Act of 2012 (FMRA) and 14 C.F.R. § 21.16 entitled Special Conditions, SCOTT PHOTO

WORKS reque sts that the FAA prescribe special conditions for the intended operation

of the DJI Phantom 3 Professional 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 or hire. FMRA Section 333 sets forth the requirements for considering

whether a UAS will create a hazard to users of the NAS or the public, or otherwise pose

a threat to national security; and further, provides the authority for such UAS to operate without airworthiness certification in accordance with any requirements that must be established for the safe operation of the UAS in the NAS.

Likewise, the Administrator may p rescribe special conditions pursuant to 14 C.F.R. § 21.16, for operation of the DJI Phantom 3 Professional 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 de sign 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 such 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 Secti on 333 and 14 C.F.R. § 21.16, the FAA may prescribe special conditions for SCOTT PHOTO WORKS' intended operation of

the DJI Phantom 3 Professional UA S , which contain such safety standards that the25 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).

F. A Summary That Can Be Published In The Federal Re gister :

The Rules From Which SCOTT PHOTO WORKS Seeks Exemption:

SCOTT PHOTO WORKS 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 SCOTT

PHOTO W ORKS Seeks: This exemption will permit SCOTT PHOTO WORKS to commercially operate an Unmanned Aircraft System ( UAS ) for the purpose of conducting aerial video and photography over certain areas of the United States.

G. Any Additional Information, Views, Or Arguments Available To Support SCOTT

PHOTO WORKS ’s Request.

This Petition is made pursuant to the FAA Modernization and Reform Act of 2012 (FMRA) Section 333, which directs the Secretary of Transportation to determine if certain UAS may operate safely in the NAS. As such, SCOTT PHOTO WORKS ’ 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 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. As dis cussed in detail above, SCOTT PHOTO WORKS will operate the DJI

Phantom 3 Professional 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, SCOTT PHOTO WORKS seeks an exemption pursuant to 14 C.F.R. 

### 8 1 1.6 1 and Section 333 of the FAA Modernization and Reform Act of 20 12 (FMRA), which will permit safe operation of the DJI Phantom 3 ProfessionalUAS commercially,

without an airworthiness certificate, for the limited purpose of conducting aerial video and photography over certain areas of the United States. By this Petition, the FAA

Administrator will be hlfilling the Congressional mandate of the FAA Modernization and

Reform Act of 201 2, while also advancing the interests of the public, by allowing SCOTT

PHOTO WORKS to safely, efficiently, and economically operate the DJI Phantom 3

Professional UAS commercially within the NAS. WHEREFORE, in accordance with the Federal Aviation Regulations and the FAA

Modernization and Reform Act of 2012, Section 333, SCOTT PHOTO WORKS respectfully requests that the Administrator grant this Petition for an exemption from the requirements of

14 C.F.R Sections 61.1 13(a) & 

### (b), 91.7(a), 91.121,91.151(b), 91.405(a), 91.407(a)(l), 91.409(a)(l) & 

### (a)(2), and 91.41 7(a) & 

### (b), and permit SCOTT PHOTO WORKS to operate
the DJI Phantom 3 Professional UAS commercially for the purpose of conducting aerial video and photography over certain areas of the United States.

Dated: July 2 

### 1,20 15

Respec,tfully submitted,

S'cott Schaeffler, President Lightspeed Paperless Products, Inc, dba SCOTT PHOTO WORKS

2 17 Beachview Dr Fort Walton Beach, FL 32547

Tel: 850-803-0885

Email: 

### scott@scottphotoworks.com

Appendices:

A 

## -- DJI Phantom 3 

### Professional Specifications

B 

### -- DJI Phantom 3 Professional User Manual

C 

### -- DJI Phantom 3 Professional Maintenance Log27 APPENDIX

– A

DJI PHANTOM 3 PROFESSIONAL TECHNICAL SPECIFICATIONS

SCOTT PHOTO WORKS only utilizes safe and reliable UAS . DJI is an industry leader in small

UAS production. DJI UAS are loaded with ground breaking software enabling the user to set parameters 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 provi des real

- time altitude and location information to the PIC via the linked monitor (smart phone/tablet devices)

Aircraft Weight (Including Battery And Propellers) 1280 g Diagonal Size (Including Propellers) 590 mm Max Ascent Speed 5 m/s

Max Descent Speed 3 m/s Hover Accuracy

Vertical: +/

- 0.1 m (when Vision Positioning is active) or +/

- 0.5 m

Horizontal: +/

- 1.5 m Max Speed 16 m/s (ATTI mode, no wind)

Max Altitude Above Sea Level 6000 m Operating Temperature 0°C to 40°C

GPS Mode GPS/GLONASS

Gimbal Controllable Range Pitch

- 90° to +30°

Stabilization 3

- axis (pitch, roll, yaw)

Remote Controller Operating Frequency 2.400 GHz

- 2.483 GHz

Max Distance 2000m (outdoors and unobstructed) Video Output Port USB

O perating Temperature 0°C

- 40°C Battery 6000 mAh LiPo 2S Receiver Sensitivity (1%PER)

- 101 dBm ±2 dBm Transmitter Power (EIRP)

FCC: 20 dBm

CE: 16 dBm Working Voltage 1.2 A @7.4 V

Battery Charger Voltage 17.4 V

Rated Power 100 W

Phantom 3 Advanced

Intelligent Flight Battery Capacity 4480 mAh Voltage 15.2 V28

Battery Type LiPo 4S Energy 68 Wh Net Weight 365 g Max Flight Time Approximately 23 minutes Operating Temperature

- 10°C to 40°C Max Charging P ower 100 W29 APPENDIX

– B



### DJ I PHANTO M 3 PROFESSIONAL

Manufacturer’ s Use r Manua l

User manual can be found at:

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

- 3/download3 0 APPENDIX

- C

MONTHLY MAINTENANCE LOG

month: year :

_________

UAS : Date Issue

Discovered Date Issue

Addressed Issue Des cription &

Maintenance c onducted Maintenance Performed By: (Print & Sign )

Software Updates

Airframe

Engines

Propellers

Camera

Gimbal

Landing Gear

Vi bration Dampening

Other: