1 SUMMARY

Imagineit Group Inc dba Stephen Chiang Photography seeks exemption from the requirements of 14 C.F.R §§ 61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b), to operate an Unmanned Aircra ft System pursuant to Section 333 of th e FAA Modernization and Reform Act of 2012 (FMRA). This exemption will permit Imagineit Group Inc to operate an Unmanned Aircraft System ( UAS) for the commercial

purpose of conducting aerial video and photography for c onstruction sites before and after

, real

estate photography, and landscape o ver certain areas of the United States.

INTRODUCTION AND INTERESTS OF THE PETITIONER

Imagineit Group provides its c lients with the high quality digital content for use in their commercial, personal, and non

- profit multimed ia projects. Imagineit Group Inc has recreational/hobby experience in all aspects of aerial video and photography. The objective of Imagineit Group Inc aerial video and photography operations is to provide high q uality imaging for a variety of , commercial, public, and residentia l uses, specifically targeting

• Real Estate Videography and Photography

• Construction sites before and after

• Filmmaking

• Aerial Documentation

• Increase public knowledge of UAS and promote sa fe UAS operations

BACKGROUND Unmanned Aircraft Systems: DJI UASs

Imagineit Group Inc seeks an exemption to operate DJI s ystems for compensation or hire

within the NAS. The DJI Phantom 3 is a vertical takeoff and landing (VTOL) Unmanned Aircraft (UA) wi th a Ground Control Station (GCS) utilizing electronic ta blet or smartphone

systems. The DJI Phantom 3 has a maximum gross weight o f 6 pounds 7.5 ounces, a length of 17.3 inches, width of 17.7 inches, height of 11.8 inches, and a maximum speed of approxima tely

42 knots. The DJI Phantom 3 UA is equipped with four main rotors; driven by Lithium P olymer battery powered electric motors. The DJI Phantom 3 UA that will be operated by Imagineit Group Inc , will be registered in accordance with 49 U.S.C. 44103, Reg istration of Aircraft , as well as 14 C.F.R Part 47, Aircraft Registration , and marked in accordance with 14 C.F.R. Part 45, Identification and Registration Marking

.

BASIS FOR PETITION Petitioner, Imagineit Group Inc , pursuant to the provisions of the Fed eral Aviation Regulations (14 C.F.R. § 11.61) and the FAA Modernization and Reform Act of 2012 (FMRA),2 Section 333, Special Rules for Certain Unmanned Aircraft Systems , hereby petitions the Administrator to commercially operate the DJI Phantom 3 UAS in the National Airspace System (NAS) , and for an exemption from the requirem ents 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 l imi ted operating area associated with the unmanned aircraft and its operation, Imagineit Group Inc operation of DJI Phantom 3 UAS

meets the con ditions of FMRA Section 333 and therefore, will not require an airworthiness

certificate in ac cordance with 14 C. F.R. Part 21, Subpart H.

Accordingly, Imagineit Group Inc requests relief from Se ctions 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b), as these sect ions set forth requirements for maintenance that only apply to aircraft with an airwo rthiness certificate. Imagineit Group Inc

submits that the requested relief is prop er since an equivalent level of safety will be ensured. Imagineit Group Inc will use experienced pers onnel or technicians to perform maintenance, alterations, or preventive maintenance on the UASs using the methods, techniques, and practices prescribed in the ope rating documents

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

and limitations: Pilot in command , is requested by Imagineit Group Inc to the extent necessary to allow a Pilot in Command (PIC) holding a private pilot or higher level certificate, as well as an

airman medical certifi cate, and who has demonstrated, that the PIC is able to safely operate the

DJI Phantom 3 UAS in a manner consistent with this exemption, including evasive and emergency maneuvers and maintaining appropriate distances from people, vessels, vehicles and

structures. Imagineit Group Inc seeks relief from Section 91.7(a), entitled Civil aircraft

a irworthiness

, because the DJI Phantom 3 UAS do es not require an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H. As such, Imagineit Group Inc will ensure that the

DJI Phantom 3 UAS is in airworthy condition, prior to every flight, by determining that the UAS

is in compliance with the operating docum ents and that the aircraft is in a condition for safe flight.

Imagineit Group Inc also seeks an exemption from the requirements of Section 91.121, entitled Altimeter Settings , as the DJ I Phantom 3 UA will not have a typical barometric altimeter

onboard. Howev er, altitude information of the DJI Phantom 3 UA will be provided to the PIC via

GPS equipment and radio communications telemetry data link, which downlinks from the UA to

the GCS fo r active monitoring of the flight path. This altitude information, combined with Imagineit Group Inc operation of the DJI Phantom 3 UAS wit hin visual line of sight, at or below

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

Addi tionally, Imagineit Group Inc seeks an exemption from the requirements of Section 91.151(b ) entitled Fuel requirements for flight in VFR conditions

. Imagineit Group Inc submits

that safety will not be affected by operation of DJI Phantom 3 UA during daylig ht hours in visual

meteor ological conditions (VMC) under visual flight rules (VFR), with enough battery power to fly for a total duration of approximately 19 minutes to the first point of intend ed landing and, assuming normal cruising speed, to fly after t hat for at least 4 minutes.3 In accordance with 14 C.F.R. § 11.81, Imagineit Group Inc pro vides 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:

Imagineit Group Inc

, 3350 Riverwood Parkway Suite 1900 Atlanta, GA 30339

404

- 439

- 1029 jnichols@ Imagineit Group Inc .com

B. The Specific Sections Of 14 C.F.R. from Which Imagineit Group Inc Seeks E xemption.

1. Imagineit Group 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, in relevant part:

(a) No person who holds a private pilot certificate may act as a pilot in command (PIC) of an aircraft that is carrying passenge rs or property for compensation or hire; nor may that person, for compensation or hire, act as PIC of an aircraft.

(b) A priva te 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 compensati on or hire.

2. Imagineit Group Inc Seeks Exemption From The Requirements Of Section 91.7(a).

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

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

3. Imagineit Group Inc Seeks Exemption From The Requirements Of Section

91.121.

Section 91.121, entitled Altimeter settings, subsection (a), states the following, in part:4 (a) Each person operating an aircraft shall maintain the cruisin g 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 mi les of the aircraft;

(ii) If there is no station within the area prescribed in paragraph (a )( 1)(i) of this section, the current reported alti meter 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 alt imeter setting available before

d eparture.

4. Imagineit Group Inc Seeks Exemption From The Requirements Of Section 91.151(b).

Section 91.151, entitled Fuel requirements for flight in VFR condit ions

, 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 enough fuel to fly to the first point of intended landing and, ass uming no rmal cruising speed, to fly after that for at

least 20 minutes.

5. Imagineit Group Inc 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 chapte r[.]

6. Imagineit Group Inc Seeks Exemption From The Requirements Of Section 91.407(a ) ( 1)

Section 91.407, entitled Operation after maintenance, preventive maintenance, rebuilding, or alteration , subsection (a)(1), states the following:

(a) No person m ay operate any aircraft that has undergone maintenance, preventive maintenance, reb uilding, or alteration unless

—5 (1) It has been approved for return to service by a person authorized under §43 .7 of this chapter [ .]

7. Imagineit Group Inc 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 pr eceding 12 calendar months, it has had

--

(1) An annual inspection in accordance w ith part 43 of this chapter and has been approved for return to service by a pers on authorized by § 43.7 of this chapter; or

(2) An inspection for the issuance of an airwor thiness certificate in accordance with part 21 of this chapter.

8. Imagineit Group 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 in paragraph (b) of this section:

(1) Records of the maintenance, prevent ive maintenance, and alteration and

records of the 100

- hour, annual, pro gressive, and other required or approved inspections, as appropriate, for each aircra ft (including the airframe) and each engine, propeller, rotor, and appliance o f an aircraft. The records must includ e

--

(i) A description (or refe rence to data acceptable to the Administrator) of the work performed; and

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

(iii) The signature and certificate 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.6 (ii) The current status of life

- limited parts of each airframe, engine, propeller, rotor, and applianc e.

(iii) The time since last overhaul of all items installed on the aircraft which are required to be overhauled on a specified time basis.

(iv) The current inspection status of t he aircraft, including the time since

the last inspection required by the i nspection program und er which the aircraft and its appliances are maintained.

(v) The current status of applicable airworthiness directives (AD) and safety directives including, for each, the method of compliance, the AD or safety directive number and rev ision date. If the AD or safety directive involves recurring action, the time a nd date when the next action is required.

(vi) Copies of the forms prescribed b y § 43.9(d) of this chapter for each major alteration to the airframe and curre ntly installed eng ines, 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 the aircraft at the time the aircraft is sold.

(3) A list of defects furnished to a regis tered own er or operator under § 43.11 of this chapter shall be retained until the defects a re repaired and the aircraft is approved for return to service.

C. The Extent Of Relief Imagineit Group Inc Seeks And The Reason Imagineit Group Inc

Seeks The Relief.

1. Extent Of Relief Imagineit Group Inc Seeks and the Reason Imagineit Group Inc

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 exten t necessary to allow a PIC holding a private7 pilot or higher level certificate, as well as a current and valid airman medical certificate, and who has met certain flight

- hour and currency requirements, to conduct the p roposed UAS flight operations for comp ensation or hire. This relief is requested since the limitations set forth in Section 61.113(a) and (b) state that a private pilot may, for compensation or hire, act as PIC of an aircraft in connection with any business or employment if: (1) The flight is only incidental to that business or employment; and (2) The aircraft does not carry passengers or property for compensation or hire.

As set forth more fully below, Imagineit Group Inc submits tha t an equivalent level of safety will be maintained because n o 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 ab le to safely operate either the DJI Phantom 3 UAS in a

manner consistent with the operations speci fications as described in this e xemption, including evasive and emergency maneuvers, as well as maintaining appropriate

distances fro m people, vessels, vehicles and structures.

Further, Imagineit Group Inc submits that all flights of the DJI Phantom 3 UAS s, conducted by the PIC pursuant to the gran t of this Petition: (1) will be incidental to Imagineit Group Inc business; and (2) will not c arry passengers or property for compensation or hire.

2. Extent Of Relief Imagineit Group Inc Seeks And The Reason Im agineit Group

Inc Seeks Relief From

Section 91.7(a)

Relief from Section 91.7(a) entitled Civil aircraft airworthiness , is requested to the extent required to allow Imagineit Group Inc to determine that the DJI Phantom 3 UASs are in airworthy condition pr ior to ev ery flight by ensuring that the UAS is in compliance with the operating documents.

Imagineit Group Inc seeks the requested relief because t he DJ I Phantom 3 UAS does not require an airworthiness ce rtificate in accordance with 14 C.F.R. Part 21, Su bpart H. Therefore, Imagineit Group Inc will ens ure that the DJI Phantom 3 UAS is in airworthy

cond ition based upon its compliance with the operating documents prio r to every flight, and further, determine that the aircraft are in condition for safe flight

, as stated in the

conditions and limitations below.

3. Extent Of Relief Imagineit Group Inc Seeks And The Reason Imagineit Group

Inc Seeks Relief From

Section 91.121

Relief from Section 91.121, entitled Altimeter settings, may be required to allow fligh t operations of the DJI Phantom 3 UAS, which utilize s a barometric pressure sen sor, GPS equipment, and a radio communications telemetry data link to downlink altitude information from the UA to the PIC at the groun d control station (GCS). Since the FAA8 req uires that any altitude information concerning UAS operations be reported to ai r traffic control (ATC) in feet above ground level (AGL),

Imagineit Group Inc seeks the requested relief because the DJI Phantom 3 UA’s altimeter

may be set on the ground to ze ro feet AGL, rather than the local barometric pressure or field altitude, before each flight. Considering the limited altitude of the proposed operations, relief from 14 CFR 91.121 is sought to the exte nt 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 DJI Phantom 3 UA is equipped with a barometric pressure sensor and GPS equipment, which automatically ensures that a ground level pressure setting will be establ ished prior to each flight, and provides the PIC

with altitude information of the UA on the heads

- up display of the GCS.

4. Extent Of Relief Imagineit Group Inc Seeks and the Reason Imagineit Group Inc

Seeks Relief From

Section 91.1 51(b)

Relief from Section 91.151(b) entitled Fuel requirements for flight in VFR conditions, is requested to the extent required to allow flights of the battery powered DJI Phantom 3

UA during daylight hours in visual meteorological conditions (VMC), unde r visual flight

rules (VFR), for a total duration of 16 minutes to the first point of intended landing and, assuming normal cruising speed, to fly after that for at least 4 minutes. Imagineit Group

Inc seeks the requested relief because without an exemptio n from Section 91.151(b), the flight time dura tion of the battery powered DJI Phantom 3 UAs will severely constrain the practicality of any aerial video or still photo flight operations that Imagineit Group

Inc proposes to conduct pursuant to this Petition

.

5. Extent Of Relief Imagineit Group Inc Seeks And The Reason Imagineit Group

Inc Seeks Relief From

Sections 91.405(a), 91.407(a)(1), 91.409(a)(1 ) & (a)(2), And 91.417(a) & (b)

Since Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417( a) & (b) only apply to aircraft with an airworthiness certificate, Imagineit Group Inc requests relief

from these S ections because the DJI Phantom 3 UAS do not require airworthiness certificates. As set forth more fully below, the DJI Phantom 3 UAS meet th e conditions

of FMRA Section 333 for operation without an airworthiness certificate. Accordingly, Imagineit Group Inc will use trained technicians to perform maintenance, alterations, o r preventive maintenance on the UAS using the methods, techniques, and practices prescribed in the UAS operating documents Furthermore, Imagineit Group Inc will

document and maintain all maintenance rec ords for the DJI Phantom 3 UASs.

D. The Reasons Why Granting Imagineit Group Inc Request Would Be In the Public Interest;9 Th at Is, How It Would Benefit The Public As A Whole.

Granting the present Petition will further the public interest by allowing Imagineit Group Inc too safely, efficiently, and economically perform aerial video and photography for real estate, special

event s, and landscape over certain areas of the United States. Additionally, use of the DJI

Phantom 3 UAS will decrease congestion of the NAS, reduce pollution, a nd provide significant

benefits to the economy. Notably, the benefits of Imagineit Group Inc propos ed operation of the

DJI Phantom 3 UAS will be r ealized without implicating any privacy issues.

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

The DJI Phantom 3 UA are battery powered and serve as a safe, efficient, and

economical alterna tive to the manned aircraft traditionally utilize d to obtain aerial imagery. By reducing the amount of manned aircraft needed to perform aerial acquisitions, an exemption allowing the use of a DJI Phantom 3 UAS would 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 depar ting aircraft will be reduced. The DJI Phantom 3 UA does not require an airport to takeoff or land. Likewise, a reduction of manned aircr aft conducting aerial

video and photography missions would result in fewer aircraft that must be handled by air

traffic control during the ground, takeoff, departure, arriva l, and landing phases of flight operations.

2. The Public Will Benefit from the Safety and Efficiency Of The

DJI Phantom 3 UAS

. Conducti ng aerial acquisitions with the DJI Phantom 3 UAS , instead of ma nned aircraft, will greatly benefit the public by drastically reducing the levels of air and noise pollution generated during traditional ae rial video and still photography flight operations. By using battery pow er and electric motors, DJI Phantom 3 UAS pr odu ce no air pollution, and is

the most viable environmentally conscious alternative to the cabin clas s, six cylinder

internal combustion engine aircraft that are typically utilized fo r aerial video and photography, while burning approximately 20

- 30 gallon s per hour o f leaded aviation fuel.

The DJI Phantom 3 UA , while r educing the carbon footprint of aerial acquisitions, also eliminates noise pollution, as t he UA is propelled by battery powered electric motors,

rather than an internal combustion engine. By using DJI Phantom 3 UAS t o perform aerial acquisitions, the substantial risk to life and propert y in the air and on the ground, which is usually associated with traditional manned airc raft flight operations, will be substantially re duced or completely elim inated. Aside from the la ck of flight crew

members locate d onboard the aircraft, the DJI Phantom 3 UA (wei ghing 6 pounds 7.5 ounces respectively, at maximum gross weight with length of 17. 3 inches respectively,

width of 17.7 inches respectively, and w ith n o 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 conduc t similar operations (weighing approximately 6,000 pounds with a wingspan of appro ximatel y 42 feet, a length of 34 feet, and a fuel capacity of 180 gallons).10 3. Performing Aerial Video and Photography Operations With The

DJI Phantom 3 UASs Will Benefit the Economy.

In addition to being safe and efficient, the DJI Phantom 3 UAS are als o an economical

alternative to u sing manned aircraft to conduct similar aerial operations. As such, operation of DJI Phantom 3 UAS will allow United States based companies, like Imagineit Group Inc , to remain competitive and contribute to growth of the U.S

. economy . Specifically, with the rising cost of aviation fuel and the Environmental

Prote ction Agency (“EPA”) regulatory actions phasing out leaded aviation fuels, U.S. owned and operat ed companies must adopt new and alternative technology in order to

rem ain competitive. Op erating the battery powered DJI Phantom 3 UAS is on e such technology that not only allows companies greater operational flexibility compared t o manned aircraft, but provides such flexibility without the high operational cost of a traditi onal manned aircraft. By operating the DJI Phantom 3 UAS, companies such as Imagineit Group Inc , can remain competitive and pro fitable, and therefore, provide greater job stability to employees and contractors, whic h will ultimately contribute to growth of the U.S. economy. Improved financial perform ance of U.S. companies, through commercial use of the DJI Phantom 3 UAS, provides a stable workforce th at increases consumer spending; improve s local, state, and federal tax revenues; and allows compani es to inv est in research and development in order to remain competitive both in

the United States and abroad.

4. There Are No Privacy Issues.

Similar to the manned aerial acquisition flight operations that have been conducted for decades, Imagineit Group Inc , pr oposed operation of the DJI Phantom 3 UASs will not implicate any privacy issues. Speci fically, the DJI Phantom 3 UASs will be operated on ly in compliance with operating documents which requires property owner involvement and

in accordance with the Federal Avia tion 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 By The Rule From Which Imagineit Group Inc Seeks Exemption.

1. Reasons Why DJI Phantom 3 UA Meet The Conditions Of The FAA

Modernization and Reform Act of 2012 (FMRA) Section 333.

In consideration of the size, weight, speed, and li mited operating area assoc iate with the unmanned aircraft and its operation, Imagineit Group Inc operation of the DJI Phantom 3

UAS meet the condition s of FMRA Section 333, and will not require an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H.

Section 3 33 provides authority for a UAS t o operate without airworthiness certification and sets forth requirements for consider ing whether a UAS will create a hazard to users of the NAS or the public, or otherwise pose a threat to national security.11 In seeking t his exemption, Imagineit Group Inc submits that the DJI Phantom 3 UAS can operate safely in the NAS p ursuant to FMRA Section 333, as demonstrated by: (a) the

characteristics of the DJI Phantom 3 UAS; (b) the pilot certification requirement; and (c) the spe cific operating limitations.

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

Characteristics.

The DJI Phantom 3 UAS do es not create a hazard to users of the NAS or the public, or otherwise pose a threat to national security considerin g its size, weight, speed, and operational capability.

i. Technical Specifications Of The DJI Phantom 3 UAS

.

The technical specifications of the DJI Phantom 3 UAS are set forth by the

DJI Phantom 3 user manual , attached hereto as Exhibit A

.

ii. The DJI Phantom 3 UAS A utonomous Flight And Navigation

Modes Enable The UAS To Remain Within A Defined Operational

Area.

The DJI Phantom 3 UAS may be operated in both man ual and fully autonomous flight modes. A complet e description of the flight and navigational modes of the DJI Phantom 3 UAS is provided at pages 12

- 16

and 45

- 50 of the DJI Phantom 3 User Manuals, attached hereto as Exhibit

A

.

iii. The DJI Phantom 3 UAS Are Designed For Automatic Retur n To

Home Point Or Hover In The Event Of Loss Of The Control L ink Or Navigation.

When the Control Link is lost, the DJI Phantom 3 UA will remain stationary, in flight, for 3 seconds or more. If, after 3 seconds, the DJI

Phantom 3 UAs do not r eacquire control link data from the GCS, the UAs

will assume that the Contro l Link is lost and the UAs will return to the home position (i.e., failsafe mode) via GPS, and will desc end to the takeoff position and shutdown. A complete description of the Failsafe

Functions of the DJI Phantom 3 at pages 13 through 15 of the DJI

Phanto m 3 User Manuals, attached hereto as Exhibit A

.

iv. DJI Phantom 3 GCS And Its Operation.

A complete description of the operation and specifications of the DJI

Phantom 3 GCS and flight control software is pro vided at pages 4012 throu gh 47 of the DJI Phantom 3 User Manual. DJI Phantom 3 User

Manuals a re attached hereto as Exhibit A

.

b. Flight Operations of DJI Phantom 3 UAS Are Limited to the Line Of S ight

of A Certificated Pilot in Command with A Safety Observer.

Imagineit Group Inc will only utilize certi ficated pilots who possess a current and

valid airman medical certificate to act as a pilot in command (PIC) of the DJI

Phantom 3 UAS . Additionally, a safety observer will assist all pilots during flight

time.

c. Flights of DJI Phantom 3 UASs Will Be Cond ucted Pursuant To Specific Operating Limitations.

In seeking this exemption, Imagineit Group Inc p roposes to commercially operate

DJI Phantom 3 UAS for the speci al purpose of conducting aerial video and ph otography over certain areas of United St ates, pur suant to the following specific operating limitations:

1. Operations authorized by this grant of exemption w ill be limited to the following aircraft described in the operating documents , rotorcraft UASs weighing less than 55 pounds maximum gross weight: D JI Phantom 3 Unmanned Aircraft System . Proposed o perations of any other aircraft will require a new petition or a petition to amend this grant.

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

3. The UAS may not be flown at a n indicated airspeed exceeding 50 knots.

4. The UA must be operated at an altitude of no more than 400 feet above ground level (AGL), as indicated by the proced ures specified in the operating documents

un less a special request is made and approved by ATC. All altitudes reported to

ATC must be in feet AGL.

5. The UAs must be operated within visual line of sight (VLOS) of the PIC at all times. This requires the PIC to be able to use human vision unaided by any device other than corrective lenses, as specified on the PIC’s FAA

- issued airman medical

certificate.

6. The use of first person view (FPV) by the PIC or safety observer (SO) is not permitted.

7. All operations must utilize a safety observer (SO) . Th e 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 ve rbally at all times.13 Electronic messaging or texting is not permitted during fli ght operations. The PIC

must be designated before the flight and cannot transfer his or her designation for

the duration of the flight. The PIC must ensure t hat the SO can perform the functions prescribed in the operating documents.

8. The SO must not perform any other duties beyon d assisting the PIC with seeing and avoiding other air traffic and other ground b ased obstacles/obstructions and is not permitted to operate the camera or other instruments.

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

UAS operations and made available to the Administrator upon request. If a discrepancy exists between the conditions and limitations c ontained in the grant of exemption and the procedures outlined in the operating documents, the

conditions and limitations cont ained in the gra nt of exemption take precedence

a nd must be followed. Otherwise, the operato r must follow the procedures as outlined in its operating documents. The op erator may update or revise its operating documents. It is the operator’s respons ibility to track such revisions and present updated and revised documents to the Administrator upon request. The operator must also present updated and revise d documents if it petitions for extension or amendment to the grant of exempt ion. If the operator determin es that any update or revision would affect the b asis upon which the FAA granted the exemption, then the operator must petition fo r amendment to its grant of exemption. The FAA’s UAS Integration Offi ce (AFS

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

10. Prior to each flight the PIC must inspect th e UAS to ensure that it is in a condition for safe flight. If the inspection revea ls a condition that affects the safe operation of the UAS, the aircraft is proh ibited from operating until the necessary

maintenance has been performed and the UAS is found to be in a condition for safe flight. The Ground Control Station must be included in the preflight inspection. All maintenance a nd alterations must be properl y documented in the

aircraft records.

11. Any UAS that has undergone maintenance or alterations that affect the UAS operation or flight characteristics, e.g. r eplacement of a flight critical component, must undergo a functional test f light. The PIC who co nducts the functional test flight must make an entry in the aircraft records.

12. The pre

- flight inspection must account for all pot ential discrepancies, e.g. inoperable components, items, or equipm ent, not already covered in the relevant

sections of the operating documents.

13. The operator must follow the UAS man ufacturer’s aircraft/component, maintenance, overhaul; replacement, inspection, and life limit requirements.14 14. The operator must carry out its maintenance, inspections, and record keeping

re quirements, in accordance with the op erating documents. Maintenance, inspection, alterations, and status of replacement/overhaul compone nt parts must be noted in the aircraft records, including tot al time in service, description of work accomplished, and t he signature of the authorized person returning the UAS

to service.

15. Each UASs operated under this exemption must comply with all manufacturer Safety Bulletins.

16. The authorized person must make an entr y in the aircraft record of the

corrective acti on taken against discrepancies discovered between inspections.

17. The PIC must possess at least a private pilot certificate and at lea st a current
third

- class medical certificate.

18. The operator may not permit any PIC to o perate unless the PIC meets the operator’s qualification criteria and demonstrate s the ability to safely operate the

UAS in a manner consistent with how the UAS will be operated under the exemption, including evasive and emer gency maneuvers and maintaining appropriate distances from persons, vessel s, vehicles and structures. PIC qualification flight hours must be logged in a m anner consistent with 14 C.F.R. § 61.51(b). Flights for the purposes of training the operator’s PICs are permitted under the terms of the exemption. H owever, tra ining operations may only be conducted during dedicated trai ning sessions. During training, proficiency, and experience

- building flights, all p ersons not essential for flight operations are considered nonparticipants, and the PIC must operate the UA with a ppropriate distance from nonparticipants in accordance with 14 C.F.R. § 91.119.

19. UAS operations may not be conducted during night, as defined in 14 C.F.R. § 1.1. All operations must be conducted under v isual meteorological conditions (VMC). If flight at night is required, a special request will be made at the FAA office closest to proposed area of operations. Flights under special visual flight rules (SVFR) are not authorized.

20. The UA may not operate within 5 nautical miles o f an airport reference po int

as denoted on a current FAA

- published aerona utical 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 manag ement must be made available to the Administrator upon request.

21. The UA may not be operated less than 500 feet below o r less than 2,000 feet horizontally from a cloud or when visibility is les s than 3 statute miles from the

PIC.15 22. I f the UA loses communications or loses its GPS signal, it must return to a predetermined location within the planned operating area and land or be

recovered in accordance with the operating documents.

23. The PIC must abort the flight in the ev ent of unpr edicted obstacles or emergencies in accordance with the operating documents.

24. The PIC is prohibited from beginning a flight unless (con sidering wind and forecast weather conditions) there is enough power to fly at normal cruising speed

to the intended landing point and lan d the UA with 25% battery power remaining.

25 . All aircraft operated in accordance with the exemption mus t be identified by serial number, registered in accordance w ith 14 C.F.R. part 47, and have identification (N

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

26 . The documents required fewer than 14 C.F.R. 91.9 and 91.203 m ust be

available to the PIC at the Ground Control Station of the UAS any time the UAS is operating . These document s must be made available to the Administrator or any law enforcement official upon request.

27 . The UA must remain clear and yield the right o f way to all manned aviation operations and activities at all times.

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

vehicle.

29 . Flight operations must be conducted at least 500 feet from all nonparticipating persons (persons other than the PIC, SO, operator trainees or essential persons), vessels, vehicles, and structures unless:

a. Barriers or structures are present that suffic iently protect nonparticipating persons from the UA and/or debris i n the event of an accident. The operator must ensure that nonparticip ating persons remain under such protection. If a situation

ar ises where nonp articipating persons leave such protection and are wi thin 500 feet of the UA, flight operations must cease immediately and/or;

b. The aircraft is operated near vessels, v ehicles or structures where the owner/controller of such vessels, veh i cles or structures has granted permission

and the PIC has made a s afety assessment of the risk of operating closer to those objects and determined that it does not p resent an undue hazard, and;

c. Operations nearer to the PIC, SO, operato r trainees or ess ential persons do not present an undue hazard to those persons per § 91.119(a). 32. All operations shall16 be conducted over privat e or controlled

- access property with permission from the land owner/controller or authorized representative. Permission from la nd

owner/controller or au thorized representative will be obtained for each flight to be

conducted.

30 . Any incident, accident, or flight operation that transgresses t he lateral or vertical boundaries of the operational area a s defined by the applicable CO A must be reported to the FAA's UAS Integr ation Office (AFS

- 80) within 24 hours. Accidents must be reported to the Natio nal Transportation Safety Board (NTSB) per instructions contained on the NTSB Web site: www.ntsb.gov

.

2 . The FAA May Prescribe Any Oth er 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, Imagineit Group Inc requests
that the FAA prescribe special conditions for the inten ded operation of the DJI Phantom 3

UAS , which contain such safety standar ds that the Administrator finds necessary to establish a level of safety equivalent to that es tablished 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 fo r compensation or hire. FMRA Section 333 sets forth the requirements for considering whe ther a UAS will create a hazard to users of the NAS or the public, or otherwise pose a t hreat to national security; and further, provides the authority for such UAS to operate with out airworthiness certification in accordance with any requirements that must be establishe d for the safe operation of the UAS in the

NAS.

Likewise, the Administrator may prescribe special conditions pursuant to 14 C.F.R. § 21.16, for operatio n of the DJI Phantom 3 UAS, since the airworthiness regulations of 14 C.F.R. Part 21 do not contain adequate or appropriate safety standards, due to the novel or unusual design features of the aircraft. Section 21.16, entitled Special Co nditions,

states th e 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 t he aircraft, aircraf t engine or propeller, he prescribes special conditions and amen dments thereto for the product. The special conditions are issued in accordance w ith Part 11 of this chapter and contain such safety standards for the aircraft, airc raft engine or propeller as the FAA finds necessary to establish a level of safety eq uivalent to that established in the regulations. See 14 C.F.R. § 21.16.

Therefore, in accordance with FMRA Section 333 and 14 C.F.R. § 21.16, the FAA may prescribe special conditions for Imagineit Group Inc intended operation of the DJI

Phantom 3 UAS , which contain such safety st andards that the Administrator finds necessary to establish a lev el of safety equivalent to that established by 14 C.F.R. Part 21,17 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 Register, stating: The Rules

From Which Imagineit Group Inc Seeks Exemption:

Imagineit Group Inc s eeks 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 Imagineit Group Inc Seeks:

This exemption will permit Imagineit Group Inc to commercially operate an Unmanned Aircraft System (UAS) for the pur pose of conducting aerial video and photography over certain areas of the United States.

G. Any Additional Information, Views, or Arguments Avai lable To Support Imagineit Group Inc Request.

This Petition is made pursuant to the FAA Modernization and Reform Act of 2012 (FMRA) Section 333, which directs the Secretary of Transpo rtation to determine if certain UAS may operate safely in the NAS. As su ch, Imagineit Group Inc 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 o f the NAS or the public, or othe rwise pose a threat to national security; and further, provides the au thority for such UAS to operate without airworthines s certification. As discussed in detail above, Imagineit Group Inc will operate the DJI Phantom 3 UAS safely in the NAS, without creating a hazard to users of the NAS, or the public, or otherwise pose a threat to national security.

CONCLUSION

As set forth herein, Imagineit Group Inc seeks an exemption pursuant to 14 C.F.R. § 11.61 and

Section 333 of the FAA Modernization and Reform Act of 2012 (FMRA), which will permit safe operation of the DJI Phantom 3 UAS commercially, without an airworthiness certificate, for th e limited purpose of conducting aerial video and photography over certain areas of the Uni ted States. By granting this Petition, the FAA Administrator will be fulfilling the Congressional

mandate of th e FAA Modernization and Reform Act of 2012, while also advanci ng the interests of the public, by allowing Imagineit Group Inc to safely, efficien tly, and economically operate

the DJI Phantom 3 UASs commercially within the NAS.

WHEREFORE , in accordance with the Federal Aviation Regulations and the FAA Modernization and Reform Act of 2012, Section 333, Imagineit Group Inc respectfully requests

that the Administrator grant this Petition for an exemption from the requirements of 14 C.F.R18 Sections 61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 91.405 (a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b), and permit Imagineit Group Inc to operate th e DJI Phantom 3 UAS commercially for t he purpose of conducting aerial video and photography over certain areas of

the United States.

Dated: 6/11/15

Imagineit Group Inc.

_________________________ Stephen Chiang Imagineit Group Inc, President

PO BOX 1242

L a Mesa, CA 91944

619

- 717

- 2928

Appendices:

A

- DJI Phantom 3 Manufacturer’s User Manual

DJI Phantom 3 Manual web address

http://download.dji

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