July 9, 2015
Attn: U.S. Department ofTransportationDocket Operations West Building Ground Floor, Room w12-140 1200NewJerseyAve, SE Washington, DC 20590

RE: George A. Avila, Jr. dba. ActionTraining Systems, Inc., Inc. REQUEST AN EXEMPTION FROMTHEREQUIREMENTS OF TITLE 14 OF THECODE OF FEDERALREGULATIONS 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 DJIPhantom 3 UNMANNED AIRCRAFT SYSTEMS PURSUANTTO SECTION 333 OF THEFAAMODERNIZATION AND REFORM ACT OF 2012 (PUBLIC LAW 112-95)

George A. Avila, Jr. President/CEO ActionTraining Systems, Inc. 1040 NE Hostmark Street, Suite 100 Poulsbo, W A 98370
Main: 360-394-4270 Fax: 360-394-4271 GeorgeA@action-training.com

1TABLE OF CONTENTS Page GLOSSARY OF ABBREVIATIONS

.................................................................................. 3 SUMMARY

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

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

.................................................................................................................. 4 BASIS FORPETITION

....................................................................................................... 5 NAME AND ADDRESS OF PETITIONER

....................................................................... 6 THE SPECIFIC SECTIONS OF 14 C.P.R. FROMWHICH ACTION TRAINING SYSTEMS SEEKS EXEMPTION

....................................................................................... 7
THE EXTENT OF RELIEF ACTION TRAINING SYSTEMS, INC. SEEKS AND THE REASON ACTION TRAINING SYSTEMS, INC. SEEKS THE RELIEF.................. 10 THE REASONS WHYGRANTINGACTIONTRAINING SYSTEMS, INC.S' REQUEST WOULD BEIN THE PUBLIC INTEREST

........................................................................................................................................... 12 THE REASONS WHYGRANTING THE EXEMPTION TO ACTION TRAINING SYSTEMS INC. WOULDNOTADVERSELYAFFECT SAFETY................................ 14
SUMMARYTHATCAN BE PUBLISHED IN THEFEDERALREGISTER

................. 25 ANY ADDITIONAL INFORMATION, VIEWS, ORARGUMENTS AVAILABLE TO SUPPORT ACTION TRAINING SYSTEMS, INC.'S REQUEST

..................................... 25 CONCLUSION................................................................................................................... 25 APPENDICES....................................................................................... 27-29

2AGL AOI ATC ATO AV CFR COA FAA FAR GCS GPS LOL NAS NOTAM PIC Section 333 

## so SOP UA UAS VFR VLOS VMC VTOL GLOSSARY OFABBREVIATIONS Above Ground Level AreaofInterest AirTraffic Control AirTraffic Organization Aerial Vehicle Code ofFederal Regulations Certificate ofAuthorization Federal AviationAdministration Federal AviationRegulation Ground Control Station Global Positioning System Loss ofLink National Airspace System Noticeto Airman PilotIn Command FAAModernization and Reform Act of2012 (FMRA) Safety Observer Standard OperatingProcedures UnmannedAircraft UnmannedAircraft System Visual FlightRules Visual Line ofSite Visual Meteorological Conditions Vertical Takeoffand Landing

3SUMMARY George A. Avila, Jr. dba. Action Training Systems, Inc. hereafter referred to as ACTION TRAINING SYSTEMS, INC. seeks exemption from the requirements of 14 C.F.R §§ 61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b), to operate an Unmanned Aircraft System (DJI Phantom 3) pursuant to Section 333 ofthe FAA Modernization and Reform Act of 2012 (FMRA). This exemption will permit ACTION TRAINING SYSTEMS, INC. to operate an Unmanned Aircraft System (UAS) for the commercial purpose ofconducting aerial video and photography ofconstruction sites, residential and commercial real estate, civil landscapes and events overcertain areas oftheUnited States. INTRODUCTION AND INTERESTS OF THE PETITIONER Action Training Systems, Inc. has for over twenty-five years provided their clients (which include private sector businesses and non-profits, along with local state and federal agencies) with expertise and knowledge in video and multimedia marketing, advertising, public relations and training using advanced technologies and solutions. Action Training Systems, Inc. has worked on thousands ofproductions overthe past 25 years in all types oflocations with aperfect client and employee safety record. The objective of Action Training Systems, Inc. and our Unmanned Aircraft System (DJI Phantom 3) aerial operations is to provide a more affordable, high-quality production system for a variety of governmental, commercial, public, and residential uses, specificallytargeting

• MotionPictureFilming
• Aerial Photography
• High-anglevantagepoint
• Training exercises
• Special event coverage • Private and governmental training
My staffhas safely flown small RC electric quadcopters recreationallyfor approximately 2 years withoutincident. BACKGROUND UnmannedAircraft Systems: DJIPhantom 3, UAS Action Training Systems, Inc. seeks an exemption to operate DJI Phantom 3 system for compensation or hire within the NAS. The DJI Phantom 3 is vertical takeoff and landing (VTOL) Unmanned Aircraft (UA) with a Ground Control Station (GCS) utilizing electronic tablet or smart phone systems. The DJI Phantom 3 has a maximum gross weight of approximately 2.8 lb. while having a diagonal dimension of 23.2", a maximum speed of approximately 16.4'fps and a maximum flying height of400'. The DJI Phantom 3 is equipped with four mainrotors; drivenbyLithium Polymerbatterypowered electricmotors. The DJI Phantom 3 that will be operated by Action Training Systems, Inc. will be registered in accordance with 49 U.S.C. 44103, Registration of Aircraft, as well as 14 C.F.R Part 47,Aircraft

4Registration, and marked in accordance with 14 C.F.R. Part 45, Identification andRegistration Marking.

BASIS FORPETITION Petitioner, Action Training Systems, Inc., pursuant to the provisions of the Federal Aviation Regulations (14 C.F.R. § 11.61) and the FAA Modernization and Reform Act of2012 (FMRA), Section 333, Special Rules for Certain Unmanned Aircraft Systems, hereby petitions the Administratorto commerciallyoperate the DJIPhantom 3, UAS intheNational 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, Action Training Systems, Inc., operation ofDJI Phantom 3 UAS meets the conditions ofFMRA Section 333 and therefore, will notrequire an airworthiness certificate in accordance with 14 C.F.R. Part 21, SubpartH. Accordingly, Action Training Systems, Inc., requests relief from Sections 91.405(a), 91.407(a)(1), 91.409(a)(l) & (a)(2), and 91.417(a) & (b), as these sections set forth requirements for maintenance that only applyto aircraft with an airworthiness certificate. ActionTraining Systems, Inc. submits thatthe requestedreliefis proper since an equivalent level of safety will be ensured. Action Training Systems, Inc. will use experienced personnel or technicians to performmaintenance, alterations, orpreventivemaintenance onthe UAS using the methods, techniques, and practices prescribed in the operating documents (i.e., Monthly Maintenance Log, and DJI Phantom 3 Instruction Manual). Furthermore, Action Training Systems, Inc. will document andmaintain all maintenancerecords for the DJI Phantom 3 UAS. Relief from certain requirements of Section 61.113(a) and (b), entitled Privatepilotprivileges and limitations: Pilot in command, is requested by Action Training Systems, Inc. to the extent necessaryto allow a Pilot inCommand (PIC) holding a privatepilot orhigherlevel certificate, as well as an airman medical certificate, and who has demonstrated, by meeting minimum flighthour and currencyrequirements, thatthe PIC is able to safely operate the DJI PhantomUAS in a manner consistent with this exemption, including evasive and emergency maneuvers and maintaining appropriate distances from people, vessels, vehicles and structures. Action Training Systems, Inc., seeks relief from Section 91.7(a), entitled Civil aircraft airworthiness, because the DJI Phantom 3 UAS do not require an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H. As such, Action Training Systems, Inc., 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., MonthlyMaintenance Log, and DJI Phantom 3 Instruction Manual), and that the aircraft are in a condition for safe flight.

5Action Training Systems, Inc. also seeks an exemption from the requirements ofSection 91.121, entitled Altimeter Settings, as the DJI Phantom 3 UAS will not have a typical barometric altimeter onboard. However, altitude information ofthe DJI Phantom 3 UAS will beprovided to the PIC via Global Positioning System (GPS) equipment and radio communications telemetry data link, which downlinks from the UAto the GCS for active monitoring ofthe flight path. This altitude information, combined with Action Training Systems, Inc., operation of the DJI Phantom 3 UAS within visual line of sight, at or below 400 feet AGL, will ensure a level of safety equivalentto Section 91.121. Additionally, Action Training Systems, Inc. seeks an exemption from the requirements of Section 91.151(b), entitled Fuel requirementsforflight in VFR conditions. Action Training Systems, Inc. submits that safety will not be affected by operation ofthe DJI Phantom 3 UAS during daylight hours in visual meteorological conditions (VMC) under visual flight rules (VFR), with enough battery power to fly for a total duration of approximately 23 minutes. Batterypowerindicators are also able to show exactlyhowmuchbatterypoweris left, as well as howmuchtime is neededto return safelybackto point oftake off. In accordance with 14 C.F.R. § 11.81, Action Training Systems, Inc. provides the following informationin support ofits petition for exemption:

A. Narne and Address ofthe Petitioner. Thename and address ofthe Petitioner and point ofcontactis:

George A. Avila, Jr. President/CEO ActionTraining Systems, Inc. 1040 NEHostmark Street, Suite 100 Poulsbo, WA 98370
Main: 360-394-4270 Fax: 360-394-4271 GeorgeA@action-training.com

6B. The Specific Sections of 14 C.F.R. From Which Action Training Systems, Inc. Seeks Exemption. 1. Action Training Systems, Inc. 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, inrelevantpart: (a) No person who holds a private pilot certificate may act as a pilot in command (PIC) ofan aircraft that is carrying passengers or property for compensation or hire;
normaythatperson, for compensation orhire, act as PIC ofan aircraft. (b) A private pilot may, for compensation or hire, act as PIC of an aircraft m connectionwith anybusiness or employmentif-- (1) The flight is onlyincidental to thatbusiness or employment; and (2) The aircraft does not carrypassengers orpropertyfor compensation orhire. 2. Action Training Systems, Inc. Seeks Exemption From The Requirements Of Section 91.7(a). Section 91.7, entitled CivilAircraftAirworthiness, subsection (a), states the following: (a) No personmayoperate a civil aircraftunless itis in an airworthy condition. 3. Action Training Systems, Inc. Seeks Exemption From The Requirements Of Section 91.121.Section 91.121, entitled Altimeter settings, subsection (a), states the following, inpart: (a) Eachperson operating an aircraft shall maintainthe 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 ofthe aircraft; (ii) Ifthere is no station within the area prescribed in paragraph (a) (1) (i) of this section, the current reported altimeter setting ofan appropriate available station; or

(iii) In the case ofan aircraft not equipped with a radio, the elevation ofthe departure airport or an appropriate altimeter setting available before departure.

74. Action Training Systems, Inc. Seeks Exemption From The Requirements Of Section 91.151(b). Section 91.151, entitledFuel 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 (considering wind and forecast weather conditions) there is enoughfuel tofly to the firstpoint of intended landing and, assuming normal cruising speed, tofly after that for atleast20 minutes. 5. Action Training Systems, Inc. Seeks Exemption From The Requirement Of Section 91.405(a). Section 91.405, entitledMaintenance required, subsection (a), states the following: Each
owneroroperatorofan aircraft- (a) Shall have that aircraft inspected as prescribed in subpart E ofthis part and shall between required inspections, except as provided in paragraph (c) of this section, have discrepancies repaired as prescribed inpart43 ofthis chapter[.] 6. Action Training Systems, Inc. Seeks Exemption from the Requirements of Section 91.407(a) (1) Section 91.407, entitled Operation after maintenance, preventive maintenance, rebuilding, oralteration, subsection (a) (1), states the following: (a) No person may operate any aircraft that has undergone maintenance, preventive maintenance, rebuilding, or alterationunless-- (1) It has been approved for return to serviceby a person authorized under§ 43.7 ofthis chapter[.] 7. Action Training Systems, Inc. Seeks Exemption from the Requirements of Sections 91.409(a) (1) and 91.409(a) (2). Section 91.409, entitledInspections, subsection (a), states the following: (a) Except as provided in paragraph (c) of this section, no person may operate an aircraftunless, withinthe preceding 12 calendarmonths, ithas had-- (1) An annual inspection in accordance with part 43 ofthis chapter and has been approved for return to servicebyaperson authorizedby§ 43.7 ofthis chapter; or (2) An inspection for the issuance of an airworthiness certificate in accordance withpart21 ofthis chapter.

88. Action Training Systems, Inc. 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 inparagraph (b) ofthis section: (1) Records of the maintenance, preventive maintenance, and alteration and records of the 1 00-hour, annual, progressive, and other required or approved inspections, as appropriate, for each aircraft (including the airframe) and each engine, propeller, rotor, and appliance ofan aircraft. Therecords mustinclude-- (i) A description (or reference to data acceptable to the Administrator) ofthe workperformed; and (ii) The date ofcompletion ofthe workperformed; and (iii) The signature and certificate number ofthe person approving the aircraft for return to service. (2) Records containingthe following information: (i) The total time in service ofthe airframe, each engine, each propeller, and eachrotor.

(ii) The current status oflife-limited parts ofeach airframe, engine, propeller, rotor, and appliance.

(iii) The time since last overhaul ofall items installed on the aircraft which
are required to beoverhauled on a specified timebasis. (iv) The current inspection status ofthe aircraft, including the time since the last inspection required by the inspection program under which the aircraft and its appliances are maintained. (v) The current status ofapplicable airworthiness directives (AD) and safety directives including, for each, the method of compliance, the AD or safety directive number and revision date. If the AD or safety directive involves recurring action, the time and date whenthe next action is required.

(vi) Copies of the forms prescribed by § 43.9(d) of this chapter for each major alteration to the airframe and currently installed engines, rotors, propellers, and appliances.

9(b) The owner or operator shall retain the following records for the periods prescribed: (1) The records specified inparagraph (a)(l) ofthis section shall beretained until the work is repeated or superseded by other work or for 1 year after the work is performed. (2) The records specified in paragraph (a) (2) ofthis section shall beretained and transferred withthe aircraft at the time the aircraftis sold. (3) A list ofdefects furnished to a registered owner or operator under § 43.11 of this chapter shall be retained until the defects are repaired and the aircraft is approved for return to service.

C. The Extent Of Relief Action Training Systems, Inc. Seeks And The Reason Action Training Systems, Inc. Seeks TheRelief. 1. Extent of Relief Action Training Systems, Inc. Seeks and the Reason Action Training Systems, Inc. Seeks Relieffrom Section 61.113(a) and (b). Relieffrom Section 61.113(a) and (b) entitled Privatepilotprivileges 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-hour and currencyrequirements, to conduct theproposed UAS flight operations for compensation orhire. This reliefis 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 onlyincidental to that business or employment; and (2) The aircraft does not carrypassengers orproperty for compensation orhire. As set forth more fully below, Action Training Systems, Inc. submits that an equivalent level of safety will be maintained because no PIC will be allowed to operate the DJI Phantom 3 UAS unless that PIC has met certain flight-hour and currency requirements, demonstrating that the PIC is able to safely operate either the DJI Phantom 3 UAS in a manner consistent with the operations specifications as described in this exemption, including evasive and emergency maneuvers, as well as maintaining appropriate distances from people, vessels, vehicles and structures. Further, Action Training Systems, Inc. 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 Action Training Systems, Inc. 'business; and (2) will not carrypassengers orproperty for compensation
orhire.

102. Extent OfReliefAction Training Systems, Inc. Seeks And The Reason Action Training Systems, Inc. Seeks ReliefFrom Section91.7(a). Relief from Section 91.7(a) entitled Civil aircraft airworthiness, is requested to the extent required to allow Action Training Systems, Inc. to determine that the DJI Phantom 3 UAS are in airworthy condition prior to every flight by ensuring that the UAS is in compliance with the operating documents (i.e., Action Training Systems, Inc. Aerial Operations Manual, Monthly Maintenance Log, and DJI Phantom 3 InstructionManual). Action Training Systems, Inc. seeks the requested reliefbecause the DJI Phantom 3 UAS do not require an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H. Therefore, Action Training Systems, Inc. will ensure that the DJI Phantom 3 UAS are in airworthy condition based upon its compliance with the operating documents (i.e., Monthly Maintenance Log, and DJI Phantom 3) prior to every flight, and further, determine that the aircraft are in condition for safe flight, as stated inthe conditions and limitationsbelow.

3. Extent OfReliefAction Training Systems, Inc. Seeks And The Reason Action Training Systems, Inc. Seeks ReliefFrom Section 91.121. Relief from Section 91.121, entitled Altimeter settings, may be required to allow flight operations of the DJI Phantom 3 UAS, which utilize a barometric pressure sensor, GPS equipment, and a radio communications telemetry data link to downlink altitude information from the UA to the PIC at the ground control station (GCS). Since the FAA requires that any altitude information concerning UAS operations be reported to air traffic control (ATC) in feet above ground level (AGL), Action Training Systems, Inc. seeks the requested reliefbecause the DJI Phantom 3 UA's altimeter maybe set on the ground to zero feet AGL, rather than the local barometricpressure orfield altitude, before eachflight. Considering the limited altitude ofthe proposed operations, relieffrom 14 CFR 91.121 is sought to the extent necessaryto comply with the applicable conditions and limitations statedbelow. As
more fully set forth herein, an equivalent level of safety will be maintained since the DJI Phantom 3 UAS are equipped with a barometric pressure sensor and GPS equipment, which automatically ensures that a ground level pressure setting will be established prior to each flight, andprovides the PIC with altitude information ofthe UAontheheads-up display ofthe GCS.

4. Extent OfReliefAction Training Systems, Inc. Seeks And The Reason Action Training Systems, Inc. Seeks ReliefFrom 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 ofthe battery powered DJI Phantom 3 UAS during daylight hours in visual meteorological conditions (VMC), under visual flight rules (VFR), for a total duration of 23 minutes. Action Training Systems, Inc. seeks the requested relief because without an exemption from Section 91.151(b), the flight time duration of the

11batterypowered DJI Phantom 3 UAS will severely constrain the practicality ofany aerial video
or still photo flight operations that ActionTraining Systems, Inc. proposes to conductpursuantto this Petition. Significantly, as set forth below, the technical specifications ofthe DJI Phantom 3 UAS, the DJI Phantom 3 operating documents, and Action Training Systems, Inc. 'proposed operating limitations, ensure that ActionTraining Systems, Inc. will safelyoperate the batterypowered DJI Phantom 3 UAS during daylight hours in visual meteorological conditions (VMC), under visual flight rules (VFR), with enoughbatterypowerto fly for atotal duration of23 minutes.

5. Extent OfReliefAction Training Systems, Inc. Seeks And The Reason Action Training Systems, Inc. Seeks ReliefFrom Sections 91.405(a), 91.407(a)(l), 91.409(a)(l) & (a)(2), And 91.417(a) & (b). Since Sections 91.405(a), 91.407(a)(l), 91.409(a)(l) & (a)(2), and 91.417(a) & (b) only apply to aircraft with an airworthiness certificate, ActionTraining Systems, Inc. requests relieffrom these Sections because the DJI Phantom 3 UAS do not require airworthiness certificates. As set forth
more fully below, the DJI Phantom 3 UAS meet the conditions of FMRA Section 333 for operation without an airworthiness certificate. Accordingly, Action Training Systems, Inc. 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 Action Training Systems, Inc. Aerial Operations Manual, Monthly Maintenance Log, and DJI Phantom 3 Instruction Manual). Furthermore, Action Training Systems, Inc. will document and maintain all maintenancerecords for the DJI Phantom 3 UAS.

D. The Reasons Why Granting Action Training Systems, Inc. Request Would Be In The Public Interest; ThatIs, How ItWouldBenefitThe PublicAs A Whole. Granting the present Petition will further the public interest by allowing Action Training Systems, Inc. to safely, efficiently, and economically perform aerial video and photography of training exercises, special events, and emergency response 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 Action Training Systems, Inc. proposed operation ofthe DJI Phantom 3 UAS will be realized without implicating anyprivacyissues.

1. The PublicWillBenefitFromDecreased Congestion OfTheNAS.

12The DJI Phantom 3 UAS are battery powered and serve as a safe, efficient, and economical alternative to the manned aircraft traditionally utilized to obtain aerial imagery. Byreducing the amount ofmanned aircraft needed to perform aerial acquisitions, an exemption allowing the use ofa DJI Phantom 3 UAS would reduce the amount ofmanned aircraft in the NAS, reduce noise and airpollution, as well as increasethe safetyoflife and propertyinthe 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 aircraft that must be handledbyairtraffic control during the ground, takeoff, departure, arrival, and landingphases of flight operations.

2. ThePublicWillBenefitFromThe SafetyAndEfficiency OfTheDJIPhantom3 UAS. Conducting aerial acquisitions with the DJI Phantom 3 UAS, instead ofmanned aircraft, will greatly benefit the public by drastically reducing the levels ofair and noise pollution generated during traditional aerial video and still photography flight operations. By using battery power and electric motors, the DJI Phantom 3 UAS produce 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 photography, while burning approximately 20-30 gallons per hour of leaded aviation fuel. The DJI Phantom 3 UAS, while reducing the carbon footprint ofaerial acquisitions, also eliminates noise pollution, as the UAS are propelled bybatterypowered electric motors, ratherthan an internal combustion engine. Byusing the DJI Phantom 3 UAS to perform aerial acquisitions, the substantial risk to life and propertyinthe air and onthe ground, whichis usually associated withtraditional manned aircraft flight operations, will be substantially reduced or completely eliminated. Aside from the lack of flight crew members located onboard the aircraft, the DJI Phantom 3 UAS (weighing approximately 2.8 pounds at their maximum gross weight with diagonal dimension of 23.2 inches, and with no fuel on board), has less physical potential for collateral damage to life and 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 wingspan ofapproximately 42 feet, alength of34 feet, and a fuel capacity of180 gallons). 3. PerformingAerialVideo andPhotographyOperationswiththeDJIPhantom3 UAS WillBenefitthe Economy. In addition to being safe and efficient, the DJI Phantom 3 UAS are 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 Action Training Systems, Inc., to remain competitive and contribute to growth ofthe 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

13adopt 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 ofatraditional manned aircraft. By operating the DJI Phantom 3 UAS, 'companies such as Action Training Systems, Inc., can remain competitive and profitable, and therefore, provide greaterjob stability to employees and contractors, which will ultimately contribute to growth ofthe U.S. economy. Improved financial performance ofU.S. companies, through commercial use ofthe 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 competitivebothinthe United States and abroad.

4. ThereAreNo PrivacyIssues. Similar to the manned aerial acquisition flight operations that have been conducted for decades, Action Training Systems, Inc. proposed operation ofthe DJI Phantom 3 UAS will not implicate any privacy issues. Specifically, the DJI Phantom 3 UAS will be operated only in compliance with operating documents (i.e., Action Training Systems, Inc. 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 Regulations, 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 ByTheRule FromWhichActionTrainingSystems, Inc. Seeks Exemption. 1. Reasons Why The DJI Phantom 3 UAS Meet The Conditions Of The FAA Modernization andReformActof2012 (FMRA) Section 333. In consideration of the size, weight, speed, and limited operating area associated with the unmanned aircraft and its operation, Action Training Systems, Inc. operation ofthe DJI Phantom 3 UAS meet 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 authority for a UAS to operate without airworthiness certification and sets forth requirements for considering whether aUAS will create ahazard to users oftheNAS orthe public, or otherwisepose a threatto national security. Specifically, FMRA Section 333 states the following, inpart: (a) In General.--Notwithstanding any other requirement of this subtitle, and not later than 180 days after the date of enactment of thisAct, the Secretary of Transportation shall determine 

### ifcertain unmanned aircraft systems may operate safely in the

14national airspace system before completion oftheplan and rulemaking required by section 332 of thisActor the guidance requiredbysection 334 of thisAct. (b) Assessment ofUnmannedAircraft Systems.--In making the determination under subsection (a), the Secretaryshalldetermine, ata minimum-- (1) which types of unmannedaircraftsystems, 

### if any, as a result of their size, weight, speed, operational capability, proximity to airports andpopulated areas, andoperation within visual line of sightdo notcreate a hazardto users ofthe national airspace system or the public orpose a threat to national security; and (2) whether a certificate of waiver, certificate of authorization, or airworthiness certification under section 44704 oftitle 49, United States Code, is requiredfor the operation ofunmanned aircraft systems identified underparagraph (1). (c) Requirementsfor Safe Operation.--Jfthe Secretary determines under this section that certain unmanned aircraft systems may operate safely in the national airspace system, the Secretary shall establish requirementsfor the safe operation ofsuch aircraftsystems in the nationalairspacesystem. In seeking this exemption, Action Training Systems, Inc. submits that the DJI Phantom 3 UAS
can operate safely in the NAS pursuant to FMRA Section 333, as demonstrated by: (a) the characteristics ofthe DJI Phantom 3 UAS; (b) the pilot certification requirement; and (c) the specific operatinglimitations.

a. The Specifications OfThe DJIPhantom3 UAS DemonstrateIts Safe Characteristics. The DJI Phantom 3 UAS does not create ahazard to users ofthe NAS orthepublic, orotherwise pose athreat to national securityconsideringits size, weight, speed, and operational capability. i. Technical Specifications oftheDJIPhantom3 UAS. The technical specifications ofthe DJI Phantom 3 UAS are set forth bythe DJI Phantom 3 User Manual, attached hereto as Appendix A. ii. TheDJIPhantom3 UAS GlobalPositioningModes EnabletheUAS to Remain within a DefmedOperationalArea. The DJI Phantom 3 UAS maybe operated inbothmanual and global positioning flight modes. A complete description ofthe flight and navigational modes oftheDJI Phantom 3 UAS is provided atpages 11 ofthe DJIPhantom 3UserManual attachedhereto as Appendix A. iii. TheDJIPhantom3 UAS AreDesignedForAutomaticReturnto Home PointOr HoverInTheEvent OfLoss OfThe ControlLinkOrNavigation. When the Control Link is lost, the DJI Phantom 3 UAS will remain stationary, in flight, for 3 seconds or more. If, after 3 seconds, the DJI Phantom 3 UAS does notreacquire control link data

15from the GCS, the UAS will assume that the Control Link is lost and the will return to the home position (i.e., failsafe mode) via GPS, and will descend to the takeoffposition and shutdown. A complete description ofthe Failsafe Functions ofthe DJI Phantom 3 UAS are set forth at pages 12 through 14 ofthe DJIPhantom 3 UserManual, attachedhereto as Appendix A. iv. TheDJIPhantom3 GCS andIts Operation. A complete description ofthe operation and specifications ofthe DJI Phantom 3 GCS and flight control software is provided at pages 23 through 29 ofthe DJI Phantom 3 User Manual. DJI Phantom 3 UserManual is attached hereto as Appendix A. b. FlightOperations OfDJIPhantom3 UAS Is LimitedToTheLine OfSightOfA CertificatedPilotin CommandWithA SafetyObserver. Action Training Systems, Inc. video production staffwill be the only persons to act as a pilot in command (PIC) ofthe DJI Phantom 3 UAS. Additionally, a safety observer will assist him at all times during flight time.

c. Flights OfDJIPhantom3 UAS WillBe ConductedPursuantTo Specific Operating Limitations. In seekingthis exemption, Action Training Systems, Inc. proposes to commerciallyoperate DJI Phantom 3 UAS for the special purpose ofconducting aerial video and photography over certain
areas ofUnited States, pursuantto the following specific operatinglimitations. 1. Operations authorized by this grant ofexemption will be limited to the following aircraft described in the operating documents, rotorcraft UAS weighing less than 55 pounds maximum gross weight: DJI Phantom 3 Unmanned Aircraft Systems. Proposed operations of any other aircraft will require a new petition or a petition to amend this grant.

2. UAS operations under this exemption will be limited to conducting operations for thepurpose ofaerial video and photography. 3. The UAS maynotbe flown at an indicated airspeed exceeding 20 knots. 4. The UAmustbe operated at an altitude ofno 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 byATC. All altitudes reported to ATC must be infeet AGL. 5. The UAS must be operated within visual line of sight (VLOS) ofthe PIC at all times. This requires the PIC to be able to use human vision unaided by any device other than corrective lenses, as specified on the PIC's FAA-issued airman medical certificate.

166. The use of first person view (FPV) by the PIC or safety observer (SO) is not permitted. 7. All operations must utilize a safety observer (SO). The SO may be used to satisfy the VLOS requirement as long as the PIC always maintains VLOS capability. The SO and PIC must be able to communicate verbally at all times. Electronic messaging or texting is not permitted during flight operations. The PIC must be designated before the flight and cannot transfer his or her designation for the duration ofthe flight. The PIC must ensure that the SO can perform the functions prescribed in the operating documents. 8. The SO must not perform any other duties beyond assisting the PIC with seeing and avoiding other air traffic and other ground based obstacles/obstructions and is not permittedto operate the camera orotherinstruments. 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 ofexemption takeprecedence and mustbe followed. Otherwise, the operator must follow the procedures as outlined in its operating documents. The operator may update or revise its operating documents. It is the operator's responsibility to track such revisions and present updated and revised documents to the Administrator upon request. The operator must also present updated and revised documents if it petitions for extension or amendment to the grant of exemption. If the operator determines that any update or revision would affect the basis upon which the FAA granted the exemption, then the operator must petition for amendment to its grant ofexemption. The FAA's UAS Integration Office (AFS-80) may be contacted if questions arise regarding updates or revisions to the operating documents.

10. Priorto each flight the PIC mustinspect the UAS to ensurethat itis in a condition for safe flight. Ifthe inspection reveals a condition that affects the safe operation of the UAS, the aircraft is prohibited from operatinguntil the necessarymaintenancehas beenperformed 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 mustbeproperlydocumented inthe aircraftrecords.

11. Any UAS that has undergone maintenance or alterations that affect the UAS operation or flight characteristics, e.g. replacement of a flight critical component, must undergo a functional test flight. The PIC who conducts the functional test flight mustmake an entryinthe 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 ofthe operating documents.

1713. The operator must follow the UAS manufacturer's aircraft/component, maintenance, overhaul, replacement, inspection, and life limitrequirements. 14. The operator must carry out its maintenance, inspections, and record keeping requirements, in accordance with the operating documents. Maintenance, inspection, alterations, and status ofreplacement/overhaul component parts must be noted in the aircraft records, including total time in service, description of work accomplished, and the signature ofthe authorizedpersonreturningthe UAS to service. 15. Each UAS operated under this exemption must comply with all manufacturer SafetyBulletins. 16. The authorized person must make an entry in the aircraft record ofthe corrective action taken against discrepancies discoveredbetweeninspections. 17. The PIC mustpossess at least aprivatepilot certificate and at least a currentthirdclass 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 amanner consistent with how the UAS will be operatedunder 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 manner consistent with 14 C.F.R. § 61.5l(b). Flights for the purposes of training the operator's PICs are permitted under the terms of the exemption. However, training operations may only be conducted during dedicated training sessions. During training, proficiency, and experience-building flights, all persons not essential for flight operations are considered nonparticipants, and the PIC must operate the UA with appropriate distance from nonparticipants in accordance with 14 C.F.R. § 91.119. 19. UAS operations maynotbe 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 ofoperations. Flights under special visual flight rules (SVFR) are not authorized. 20. The UA may not operate within 5 nautical miles ofan airport reference point as denoted on a current FAA-published aeronautical chart unless a letter of agreement with that airport's management is obtained, and the operation is conducted in accordance with a NOTAM as required by the operator's COA. The letter of agreement with the airport management must be made available to the Administrator uponrequest. 21. The UA may not be operated less than 500 feet below or less than 2,000 feet horizontally from a cloud orwhen visibilityis less than 3 statute miles from the PIC.

1822. Ifthe UA loses communications or loses its GPS signal, it must return to a predetermined location within the planned operating area and land or be recovered in accordance withthe operating documents. 23. The PIC must abort the flight inthe event ofunpredicted obstacles or emergencies in accordance withthe operatingdocuments. 24. The PIC is prohibited from beginning a flight unless (considering wind and forecast weather conditions) there is enough power to fly at normal cruising speed to the intended landingpoint and land the UA with 25%batterypowerremaining. 25. The operator must obtain an Air Traffic Organization (ATO) issued Certificate of Waiver or Authorization (COA) priorto conducting any operations underthe grant of exemption. This COA will also require the operator to request a Notice to Airman (NOTAM) not more than 72 hours in advance, but not less than 48 hours prior to the operation. All operations shallbeconductedin accordance with airspacerequirements in the ATO issued COA including class of airspace, altitude level and potential transponderrequirements. 26. All aircraft operatedin accordance with the exemptionmustbeidentifiedby serial number, registered in accordance with 14 C.F.R. part 47, and have identification (NNumber) markings in accordance with 14 C.F.R. part 45, Subpart C. Markings must beas large as practicable. 27. Before conducting operations, the radio frequency spectrum used for operation and control ofthe UA must comply with the Federal Communications Commission (FCC) or other appropriate government oversight agencyrequirements. 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 ofthe UAS any time the UAS is operating. These documents must be made available to the Administrator or any law enforcement officialuponrequest. 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 maynotbe operatedbythe PIC from anymovingdevice orvehicle. 31. Flight operations must be conducted at least 500 feet from all nonparticipating persons (persons other than the PIC, SO, operator trainees or essential persons), vessels, vehicles, and structuresunless:

a. Barriers or structures are present that sufficiently protect nonparticipating persons from the UA and/or debris in the event of an accident. The operator must ensure that nonparticipating persons remain under such protection. If a situation arises where nonparticipating persons leave such protection and are within 500 feet oftheUA, flight operations must cease immediatelyand/or;

19b. The aircraft is operated near vessels, vehicles or structures where the owner/controller ofsuch vessels, vehicles or structures has granted permission and the PIC has made a safety assessment ofthe risk of operating closer to those objects and determined thatitdoes notpresent anunduehazard, and;

c. Operations nearer to the PIC, SO, operator trainees or essential persons do notpresent anunduehazardto those personsper § 91.119(a). 32. All operations shall be conducted over private or controlled-access property with permission from the land owner/controller or authorized representative. Permission from land owner/controller or authorized representative will be obtained for each flight to beconducted. 33. Anyincident, accident, or flight operation that transgresses the lateral or vertical boundaries ofthe operational area as definedbythe applicable COAmustbereported to the FAA's UAS Integration Office (AFS-80) within 24 hours. Accidents must be reported to the National Transportation Safety Board (NTSB) per instructions contained onthe NTSB Web site: www.ntsb.gov.

2. Reasons Why an Exemption from the Requirements ofSection 61.113(a) and (b) Would NotAdverselyAffect Safety. Action Training Systems, Inc. submits that the equivalent level ofsafety established by Section 61.113(a) and (b) will bemaintainedbecause no PIC will be allowed to operate the DJI Phantom 3 UAS unless ·that PIC has demonstrated, by meeting minimum flight-hour and currency requirements, that the PIC is able to safely 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 Action Training Systems, Inc. proposed area of operations, and the operating limitations set forth-above; the parallel nature of private pilot aeronautical knowledge requirements to those of commercial pilot requirements (See Exemption No. 11062); and the airmanship skills necessaryto safely operate the DJI Phantom 3 UAS, Action Training Systems, Inc. submits that the additional manned airmanship experience of a commercially certificated pilot would not correlate to the airmanship skills necessary for Action Training Systems, Inc. specificproposed 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, 11066, 11067, 11080, 11109, 11110, 11112, 11136, 11138, 11150, 11153, 11156, 11158, 11159, 11160, 11161). Action Training Systems, Inc. will not allow any PIC to operate the DJI Phantom 3 UAS unless that PIC has demonstrated, bymeeting minimum flight-hour requirements orthe DJI Phantom 3 UAS training and currencyrequirements, that the PIC is able to safely operatethe DJI Phantom 3

20UAS in a manner consistent with this exemption, including evasive and emergency maneuvers andmaintaining appropriate distances from people, vessels, vehicles and structures. Specifically, the PICmusthave accumulated and logged, in amanner consistent with 14 C.F.R. § 61.51(b), 25 hours oftotal time as a UAS rotorcraft pilot (with a minimum of5 hours ofthose hours as aUAS pilot operatingthe same make and model ofUAS to beused for operationsunder the exemption). In addition to the hour requirements, the PIC must accomplish 3 takeoffs and landings inthepreceding 90 days (for currencypurposes). As in Exemption Nos. 11062, 11138, and 11153, prior documented flight experience that was obtained in compliance with applicable regulations will ensure an equivalent level of safety during ActionTraining Systems, Inc. 'proposed operations. The Administratorhas heldthatprior documented flight experience that was obtained in compliance with applicableregulations would
ensure safe operations, stating as follows: In Exemption No. 11062, the FAA required that prior to conducting operations for the purpose ofmotionpicture filming (or similar operations), the PIC musthave accumulated and logged, in a manner consistent with 14 CFR 61.51(b), 25 hours oftotal 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 of5 hours as a UAS pilot operating the same make and model ofUAS to be used for operations under the exemption. For clarification, the FAA considers these minimumhourrequirements to beinclusiverather than additive; i.e. 5hours make and model time maybe included inthe 10 hours ofmulti-rotortime and the 10 hours maybe included in the total25 hours ofUAS rotorcraft time. In addition to the hour requirements, the PIC must accomplish 3 takeoffs and landings in the preceding 90 days (for currency purposes). The FAA finds that at a minimum, the flight-hour requirements inExemptionNo. 11062 are appropriateto practice andbuildproficiencyin the skills necessary to safely conduct the petitioner's proposed operations. The FAA also finds that prior documented flight experience that was obtained in compliance with applicable regulations would satisfy this requirement. Training, proficiency, and experience-building flights can also be conducted under the grant of exemption to accomplish therequired flight time. Duringtraining, 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.

ExemptionNo. 11138 atpage 15. Accordingly, Action Training Systems, Inc. will ensure safe operations bynot 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.

213. Reasons Why an Exemption from the Requirements of Section 91.7(a) Would Not AdverselyAffect Safety. The equivalent level ofsafety establishedby Section 91.7(a) will bemaintained because prior to every flight, Action Training Systems, Inc. will ensure that the DJI Phantom 3 UAS is in an airworthy condition based upon the UAS's compliance with its operating documents and as statedinthe 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 AdverselyAffect Safety. The equivalent level of safety established by Section 91.121 will be maintained because the altitude information ofthe DJI Phantom 3 UAS will beprovided to the PIC via GPS equipment and a radio communications telemetry data link, which downlinks from the UA to the GCS for active monitoring ofthe flight path and altitude. This altitude information, combined with Action Training Systems, Inc.'s operation ofthe DJI Phantom 3 UAS within visual line ofsight, at or below 500 feet AGL, will ensure a level of safety equivalent to Section 91.121. The altitude information will be generated by GPS equipment installed onboard the aircraft. Prior to each flight, a zero altitude initiation pointis automaticallyestablishedbythe UAS at ground level. The FAA has previously granted relieffrom Section 91.121 specific to UAS, in circumstances similar, in all material respects, to those presented herein (e.g. Exemption Nos. 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11112, 11136, 11138, 11150, 11153, 11156, 11157, 11158, 11159, 11160, 11161).

5. Reasons Why an Exemption from the Requirements of Section 91.151(b) Would Not AdverselyAffect Safety. A grant ofthis exemption would ensure an equivalent level ofsafety established by 14 C.F.R. Section 91.151(b) as a result of(l) the technical specifications ofthe DJI Phantom 3 UAS; (2) the limitations on the proposed flight operations; and (3) the location of the proposed flight operations. Accordingly, Action Training Systems, Inc. will ensure that it will safely operate the battery powered DJI Phantom 3 UAS during daylight hours in VFR conditions, with enough batterypowerto fly for a total duration of23 minutes. Here, as in Exemption No. 11109, the technical specifications ofthe DJI Phantom 3 UAS; the limitations on the proposed flight operations; and the location ofthe proposed operations, will

22ensure an equivalent level of safety established by 14 C.F.R. Section 91.151(b). Furthermore, safetywill be ensured as the DJI Phantom 3UAS provide audible and visual warnings to the PIC at the GCS when the UAS experiences low battery voltage, the first warning occurring at approximately 33% remaining batterypower, and again at approximately 10% remainingbattery power. At the critically low battery level, the DJI Phantom 3 UAS will descend and land automatically. Significantly, previous exemptions granted bythe FAA concerning Section 91.151 establish that safetyis not adversely affected whenthe technical characteristics and operating limitations ofthe 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)(l), 91.409(a)(l) & (a)(2), And 91.417(a) & (b) Would Not Adversely Affect Safety. In seeking this exemption, Action Training Systems, Inc. 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)(l), 91.409(a)(1) & (a)(2), and 91.417(a) & (b) will bemetbecause ActionTraining Systems, Inc. will use trained teclmicians to performmaintenance, alterations, or preventive maintenance on the UAS using the methods, techniques, and practices prescribed in the operating documents (i.e., Action Training Systems, Inc. Aerial Operations Manual, Monthly Maintenance Log, and DJI Phantom 3 Instruction Manual). Furthermore, Action Training Systems, Inc. will document andmaintain all maintenancerecords for the DJIPhantom 3 UAS. Since the DJI Phantom 3 UAS will be inspected as prescribed by the operating documents, Action Training Systems, Inc. will maintainthe equivalentlevel ofsafety establishedbySections 91.405(a), 91.409(a)(1), and 91.409(a)(2). A copy of the DJI Phantom 3 User Manuals are attached hereto as Appendix A and B; a copy ofthe DJI Phantom 3 UAS Maintenance LOG is attached hereto as Appendix C. Likewise, the exemption sought will not adversely affect safety because Action Training Systems, Inc. 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 ofsafety established by Sections 91.407, 91.417(a) and 91.417(b), because all maintenance ofthe DJI Phantom 3 UAS will be performed by trained technicians. Maintenance will be documented and maintained utilizingthemonthlymaintenance log.

23Significantly, previous exemptions granted by the FAA concerning Sections 91.405(a), 91.407(a)(l), 91.409(a)(l) & (a)(2), and 91.417(a) & (b) establish that safety is not adversely affected whenthe technical characteristics and operatinglimitations ofthe UAS are considered. In consideration ofAction Training Systems, Inc.'sproposed operating limitations, the operating documents, and the technical aspects ofthe DJI Phantom 3 UAS, Action Training Systems, Inc. submits that safety will notbe adversely affected bygranting exemption from 14 C.F.R. Sections 91.405(a), 91.407(a)(1) and (a)(2), 91.409(a)(2), and 91.417(a) and (b). The FAA has previously granted relief specific to UAS in circumstances similar, in all material respects, to those presented herein (e.g. Exemption Nos. 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110, 11112, 11136, 11138, 11150, 11153, 11156, 11157, 11158, 11159, 11160, 11161). 7. The FAA May Prescribe Any Other Conditions For Safe Operation. In accordance with Section 333 ofthe FAA Modernization and Reform Act of2012 (FMRA) and 14 C.F.R. § 21.16 entitled Special Conditions, Action Training Systems, Inc. requests that the FAA prescribe special conditions for the intended operation ofthe 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)(l), 91.409(a)(1) & (a)(2), and 91.417(a) & (b). Such special conditions will permit safe operation ofthe 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 ahazard to users ofthe NAS orthe public, or otherwisepose a threat to national security; and further, provides the authority for such UAS to operate without airworthiness certification in accordance with any requirements that mustbe established for the safe operation oftheUAS intheNAS. Likewise, the Administrator may prescribe special conditions pursuant to 14 C.F.R. § 21.16, for operation ofthe 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 ofa novel or unusual design feature ofthe 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 ofthis chapter and contain such safety standards for the aircraft, aircraft engine or propeller as the FAA finds necessary to establish alevel ofsafetyequivalentto that establishedinthe regulations. See 14 C.F.R. § 21.16.

24Therefore, in accordance with FMRA Section 333 and 14 C.F.R. § 21.16, the FAA may prescribe special conditions for Leading Edge's intended operation ofthe 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 Sections 61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b).

• A Summary That Can Be Published In The Federal Register, stating: The Rules fromWhichActionTrainingSystems, Inc. Seeks Exemption:

Action Training Systems, Inc. seeks exemption from the Sections 61.113(a)&(b), 91.7(a), 91.121, 91.151(b), 91.409(a)(1) & (a)(2), and91.417(a) & (b). requirements of 14 C.F.R 91.405(a), 91.407(a)(l),

A BriefDescription OfTheNature OfTheExemptionActionTrainingSystems, Inc. Seeks: This exemption willpermit Action Training Systems, Inc. to commercially operate an Unmanned Aircraft System (UAS) for the purpose ofconducting aerial video and photography overcertain areas of the UnitedStates.

• Any Additional Information, Views, Or Arguments Available To Support Action TrainingSystems, Inc.'s Request.

This Petitionis made pursuantto the FAA Modernization and Reform Act of2012 (FMRA) Section 333, which directs the Secretary ofTransportation to determine ifcertain UAS may operate safely in the NAS. As such, Action Training Systems, Inc. 'request for exemption may be granted pursuant to the authority ofFMRA 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 ofthe NAS or the public, or otherwise poses a threat to national security; and further, provides the authority for suchUAS to operate without airworthiness certification. As discussed in detail above, Action Training Systems, Inc. will operatethe DJI Phantom 3 UAS safely in the NAS, without creating a hazard to users ofthe NAS, or the public, or otherwise pose athreatto national security. CONCLUSION As set forth herein, Action Training Systems, Inc. seeks an exemption pursuant to 14 C.F.R. § 11.61 and Section 333 ofthe FAA Modernization and Reform Act of2012 (FMRA), which will permit safe operation of the DJI Phantom 3 UAS commercially, without an airworthiness certificate, for the limited purpose ofconducting aerial video and photography over certain areas of the United States. By granting this Petition, the FAA Administrator will be fulfilling the

25Congressional mandate of the FAA Modernization and Reform Act of 2012, while also advancing the interests of the public, by allowing Action Training Systems, Inc. to safely, efficiently, and economicallyoperatethe DJI Phantom 3 UAS commerciallywithintheNAS. WHEREFORE, in accordance with the Federal Aviation Regulations and the FAA Modernization and Reform Act of2012, Section 333, Action Training Systems, Inc. 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)(l), 91.409(a)(1) & (a)(2), and 91.417(a) & (b), and permit Leading Edge to operate the DJI Phantom 3 UAS commercially for the purpose ofconducting aerial video and photography over certain
areas ofthe United States.

Dated: July 9, 2015

Respectfully submitted,

# ~?4;/ George A. Avila, Jr. President/CEO ActionTraining Systems, Inc. 1040NE Hostmark Street, Suite 100 Poulsbo, WA98370
Main: 360-394-4270 Fax: 360-394-4271 GeorgeA@action-training.com

Appendices: A- DJI Phantom 3 Manual- pg. 27 B- DJI Phantom 3technical specifications

- pg. 28 C- Monthlymaintenance log- pg. 29

26

### APPENDIX-A

Linkto DJI Phantom 3 Manual: Clickonlinkbelow: http://download.dji-innovations.com/downloads/phantom 3/en/Phantom 3 Professional User Manual vl.2 en.pdf

27-' I APPENDIX-B
DJIPHANTOM 3 TECHNICAL SPECIFICATIONS ActionTraining Systems, Inc. onlyutilizes safe and reliableUASs. DJI is an industryleaderin small UAS production. DJI UASs are loaded with groundbreaking software enablingthe userto setparameters whichwill not allow flight into controlled airspace. Parameters can also be setto limit flight to no higherthan apredetermined and set altitude as well as limit flight to a predetermined and set distance. In addition, DJI softwareprovidesreal-time altitude and location informationto the PIC viathe linkedmonitor (smartphone/tabletdevices) 2.1 DJIPhantom 3 2.1.1 Aircraft 2.1.1.1 SupportedBattery- DJI 6000mAh LiPo 2S 2.1.1.2 Weight (Battery & Propellers Included) -1280 g 2.1.1.3 HoverAccuracy (Readyto Fly) -Vertical: 1Ocm; Horizontal: 1m 2.1.1.4 Max Ascent Speed- 5m/s 2.1.1.5 Max Descent Speed- 3m/s 2.1.1.6 Max Flight Speed -16m/s (ATTI mode, no wind) 2.1.2 Gimbal 2.1.2.1 Controllable Range- Pitch: -90° + 30° 2.1.2.2 Stabilization- 3-zxis (pitch, roll, yaw) 2.1.3 Camera 2.1.3.1 Sensor- SonyEXMOR 2.1.3.2 Sensor Size

- 1/2.3" 2.1.3.3 Effective Pixels- 12.4M 2.1.3.4 Video Recording Mode- 4096x2160p, 3840x2160p, 1920x1080p, 1280x720p 2.1.4 Remote Controller 2.1.4.1 OperatingFrequency- 2.400GHz- 1.483GHz 2.1.4.2 Max Distance

- 2000m 2.1.4.3 Receiver Sensitivity (1%PER) -101dBm+/-2dBm 2.1.4.4 TransmitterPower (EIRP)- FCC: 20dBm, CE: 16dBm 2.1.4.5 WorkingVoltage-12A@7.4V

28APPENDIX-C
MONTHLYMAINTENANCELOG
Month: Year:
UAS DateIssue DateIssue Issue Description & MaintenancePerformed #: Discovered: Addressed: Maintenance Conducted: By: [Print & Sign]
Software Updates
Airframe Engines Propellers
Camera Gimbal Landing Gear
Vibration Dampening
Other:

29