SUMMARY

Digital Media Solutions **,** 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 pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (FMRA). This exemption will permit Digital Media Solutions to operate an Unmanned Aircraft System (UAS) for the commercial purpose of conducting aerial video and photography for real estate, and other landscape- oriented purposes over certain areas of the United States.

INTRODUCTION AND INTERESTS OF THE PETITIONER

Digital Media Solutions provides its clients with the high quality digital content for use in their commercial marketing. The objective of Digital Media Solutions, aerial video and photography operations is to provide high quality imaging for a variety of, commercial, public, and residential uses, specifically targeting:

• Real Estate Videography and Photography

• Automobile dealerships

• Parks, recreation, golf courses and public lands

• Increase public knowledge of UAS and promote safe UAS operations

BACKGROUND Unmanned Aircraft Systems: DJI Phantom 3 Professional UAS Digital Media Solutions seeks an exemption to operate DJI systems for compensation or hire within the NAS. The DJIPhantom 3 Professional is a vertical takeo ff and landing (VTOL) Unmanned Aircraft (UA) with a Ground Control Station (GCS) utilizing electronic tablet or smartphone systems. The DJI Phantom 3 Professional has a maximum gross weight of 2.82 pounds, a length of 23.2 inches (square size in all dimensions), height of 10 inches, and a maximum speed of approximately 31 knots. The DJI Phantom 3 Professional is equipped with four main rotors; driven by Lithium Polymer battery powered electric motors. The Phantom 3 Professional that will be operated by Digital Media Solutions, will be registered in accordance with 49 U.S.C. 44103, Registration of Aircraft , as well as 14 C.F.R Part 47, Aircraft Registration , and marked in accordance with 14 C.F.R. Part 45, Identification and Registration Marking

.

BASIS FOR PETITION Petitioner, Digital Media Solutions pursuant to the provisions of the Federal Aviation Regulations (14 C.F.R. § 11.61) and the FAA Modernization and Reform Act of 2012 (FMRA), Section 333, Special Rules for Certain Unmanned Aircraft Systems , hereby petitions the Administrator to commercially operate the DJI Phantom 3 Professional in the National Airspace System (NAS), and for an exemption from the requirements of 14 C.F.R §§ 61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b).

In consideration of the speed, weight, size, and limited operating area associated with the unmanned aircraft and its operation, Digital Media Solutions operation of DJI Phantom 3 Professional meets the conditions of FMRA Section 333 and therefore, will not require an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H.

Accordingly, Digital Media Solutions requests relief from Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b), as these sections set forth requirements for maintenance that only applyto aircraft with an airworthiness certificate. Digital Media Solutions submits that the requested relief is proper since an equivalent level of safety will be ensured. Digital Media Solutions will use experienced personnel or technicians to perform maintenance, alterations, or preventive maintenance on the UASs using the methods, techniques, and practices prescribed in the operating documents

Relief from certain requirements of Section 61.113(a) and (b), entitled Private pilot privileges and limitations: Pilot in command , is requested by Digital Media Solutions to the extent necessary to allow a Pilot in Command (PIC) holding a private pilot or higher level certificate, as well as an airman medical certificate, and who has demonstrated, that the PIC is able to safely operate the DJI Phantom 3 Professional in a manner consistent with this exemption, including evasive and emergency maneuvers and maintaining appropriate distances from people, vessels, vehicles and structures. Elevated Digital Media Solutions seeks relief from Section 91.7(a), entitled Civil aircraft airworthiness , because the DJI Phantom 3 Professional does not require an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H. As such, Digital Media Solutions will ensure that the DJI Phantom 3 Professional is in airworthy condition, prior to every flight, by determining that the UAS is in compliance with the operating documents and that the aircraft is in a condition for safe flight.

Digital Media Solutions also seeks an exemption from the requirements of Section 91.121, entitled Altimeter Settings , as DJI Phantom 3 Professional will not have a typical barometric altimeter onboard. However, altitude information of the DJI Phantom 3 Professional will be provided to the PIC via GPS equipment and radio communications telemetry data link, which downlinks from the UA to the GCS for active monitoring of the flight path. This altitude information, combined with Digital Media Solutions operation of the DJI Phantom 3 Professional within visual line of sight, at or below 400 feet AGL, will ensure a level of safety equivalent to Section 91.121.

Additionally, Digital Media Solutions seeks an exemption from the requirements of Section 91.151(b) entitled Fuel requirements for flight in VFR conditions . Digital Media Solutions submits that safety will notbe a ff ected by operation of DJI Phantom 3 Professional 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 18 minutes to the first point of intended landing and, assuming normal cruising speed, to fly after that for at least 4 minutes.

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

A. Name and Address of the Petitioner.

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

Brooks Van Aken Digital Media Solutions 108 Pratt St., North Adams, MI 49262

B. The Specific Sections of 14 C.F.R. from Which Digital Media Solutions Seeks Exemption.

1. Digital Media Solutions 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 passengers or property for compensation or hire; nor may that person, for compensation or hire, act as PIC of an aircraft.

(b) A private pilot may, for compensation or hire, act as PIC of an aircraft in connection with any business or employment if—(1) The flight is only incidental to that business or employment; and (2) The aircraft does not carry passengers or property for compensation or hire.

2. Digital Media Solutions Seeks Exemption from The Requirements of Section 91.7(a).

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

3. Digital Media Solutions Seeks Exemption from The Requirements of Section 91.121.

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

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

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

(i) The current reported altimeter setting of a station along the route and within 100 nautical miles of the aircraft;

(ii) If there is no station within the area prescribed in paragraph (a)(1)(i) of this section, the current reported altimeter setting of an appropriate available station; or

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

4. Digital Media Solutions Seeks Exemption from The Requirements of Section 91.151(b).

Section 91.151, entitled Fuel requirements for flight in VFR conditions

, subsection (b), states the following:(b) No person may begin a flight in a rotorcraft under VFR conditions unless (considering wind and forecast weather conditions) there is enough fuel to fly to the first point of intended landing and, assuming normal cruising speed, to fly after that for at least 20 minutes.

5. Digital Media Solutions Seeks Exemption from The Requirement of Section 91.405(a).

Section 91.405, entitled Maintenance required , subsection (a), states the following:

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

6. Digital Media Solutions Seeks Exemption from The Requirements of Section 91.407(a) (1)

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

(a) No person may operate any aircraft that has undergone maintenance, preventive maintenance, rebuilding, or alteration unless

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

7. Digital Media Solutions Seeks Exemption from The Requirements of Sections 91.409(a)(1) And 91.409(a)(2).

Section 91.409, entitled Inspections , subsection (a), states the following: (a) Except as provided in paragraph (c) of this section, no person may operate an

aircraft unless, within the preceding 12 calendar months, it has had --(1) An annual inspection in accordance with part 43 of this chapter and has been approved for return to service by a person authorized by § 43.7 of this chapter; or

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

8. Digital Media Solutions Seeks Exemption from the Requirements of Sections 91.417(a) and 91.417(b).

Section 91.417, entitled Maintenance records , subsections (a) and (b), state the following:

(a) Except for work performed in accordance with §§ 91.411 and 91.413, each registered owner or operator shall keep the following records for the periods specified in paragraph (b) of this section:

(1) Records of the maintenance, preventive maintenance, and alteration and records of the 100-hour, annual, progressive, and other required or approved inspections, as appropriate, for each aircraft (including the airframe) and each engine, propeller, rotor, and appliance of an aircraft. The records must include--

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

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

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

(2) Records containing the following information:

(i) The total time in service of the airframe, each engine, each propeller, and each rotor.

(ii) The current status of life-limited parts of each airframe, engine, propeller, rotor, and appliance.

(iii) The time since last overhaul of all items installed on the aircraft which are required to be overhauled on a specified time basis.(iv) The current inspection status of the aircraft, including the time since the last inspection required by the inspection program under which the aircraft and its appliances are maintained.

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

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

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

(1) The records specified in paragraph (a)(1) of this section shall be retained until the work is repeated or superseded by other work or for 1 year after the work is performed.

(2) The records specified in paragraph (a)(2) of this section shall be retained and transferred with the aircraft at the time the aircraft is sold.

(3) A list of defects furnished to a registered owner or operator under §43.11 of this chapter shall be retained until the defects are repaired and the aircraft is approved for return to service.

C. The Extent of Relief Digital Media Solutions Seeks and The Reason Digital Media Solutions Seeks the Relief.

1. Extent of Relief Digital Media Solutions Seeks and the Reason Digital Media Solutions Seeks Relief From Section 61.113(a) And (b)

Relief from Section 61.113(a) and (b) entitled Private pilot privileges and limitations: Pilot in command , is requested to the extent necessary to allow a PIC holding a private pilot or higher level certificate, as well as a current and valid airman medical certificate,and who has met certain flight-hour and currency requirements, to conduct the proposed UAS flight operations for compensation or hire. This relief is requested since the limitations set forth in Section 61.113(a) and (b) state that a private pilot may, for compensation or hire, act as PIC of an aircraft in connection with any business or employment if: (1) The flight is only incidental to that business or employment; and (2) The aircraft does not carry passengers or property for compensation or hire.

Digital Media Solutions submits that an equivalent level of safety will be maintained because no PIC will be allowed to operate the DJI Phantom 3 Professional 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 Professional 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, Digital Media Solutions submits that all flights of the DJI Phantom 3 Professional, conducted by the PIC pursuant to the grant of this Petition: (1) will be incidental to Digital Media Solutions business; and (2) will not carry passengers or property for compensation or hire.

2. Extent of Relief Digital Media Solutions Seeks and The Reason Digital Media Solutions 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 Digital Media Solutions to determine that the DJI Phantom 3 Professional are in airworthy condition prior to every flight by ensuring that the UAS is in compliance with the operating documents.

Digital Media Solutions seeks the requested relief because the DJI Phantom 3 Professional does not require an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H. Therefore, DigitalMedia Solutions will ensure that the DJI Phantom 3 Professional is in airworthy condition based upon its compliance with the operating documents prior to every flight, and further, determine that the aircraft are in condition for safe flight, as stated in the conditions and limitations below.

3. Extent of Relief Digital Media Solutions Seeks and The Reason Digital Media Solutions Seeks Relief From Section 91.121

Relief from Section 91.121, entitled Altimeter settings, may be required to allow flight operations of the DJI Phantom 3 Professional, which utilizes 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 tra ffi c control (ATC) in feet above ground level (AGL),

Digital Media Solutions seeks the requested relief because the DJI Phantom 3 Professional altimeter may be set on the ground to zero feet AGL, rather than the local barometric pressure or field altitude, before each flight. Considering the limited altitude of the proposed operations, relief from 14 CFR 91.121 is sought to the extent necessary to comply with the applicable conditions and limitations stated below. As more fully set forth herein, an equivalent level of safety will be maintained since DJI Phantom 3 Professional is equipped with a barometric pressure sensor and GPS equipment, which automatically ensures that a ground level pressure setting will be established prior to each flight, and provides the PIC with altitude information of the UA on the heads-up display of the GCS.

4. Extent of Relief Digital Media Solutions Seeks and the Reason Digital Media Solutions Seeks Relief From Section 91.151(b)

Relief from Section 91.151(b) entitled Fuel requirements for flight in VFR conditions, is requested to the extent required to allow flights of the battery powered DJI Phantom 3 Professional during daylight hours in visual meteorological conditions (VMC), under visual flightrules (VFR), for a total duration of 18 minutes to the first point of intended landing and, assuming normal cruising speed, to fly after that for at least 4 minutes. Digital Media Solutions seeks the requested relief because without an exemption from Section 91.151(b), the flight time duration of the battery powered DJI Phantom 3 Professional will severely constrain the practicality of any aerial video or still photo flight operations that Digital Media Solutions proposes to conduct pursuant to this Petition.

5. Extent of Relief Digital Media Solutions Seeks and The Reason Digital Media Solutions 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, Digital Media Solutions requests relief from these Sections because the DJI Phantom 3 Professional do not require airworthiness certificates. As set forth more fully below, the DJI Phantom 3 Professional meet the conditions of FMRA Section 333 for operation without an airworthiness certificate. Accordingly, Digital Media Solutions 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 Furthermore, Digital Media Solutions will document and maintain all maintenance records for the DJI Phantom 3 Professional.

D. The Reasons Why Granting Digital Media Solutions Request Would Be in the Public Interest; That Is, How It Would Benefit The Public As A Whole.

Granting the present Petition will further the public interest by allowing Digital Media Solutions to safely, e ffi ciently, and economically perform aerial video and photography for real estate, special events, and landscape over certain areas of the United States. Additionally, use of the DJI Phantom 3 Professional will decrease congestion of the NAS, reduce pollution, and provide significant benefits to the economy. Notably, the benefits of DigitalMedia Solutions proposed operation of the DJI Phantom 3 Professional will be realized without implicating any privacy issues.

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

The DJI Phantom 3 Professional are battery powered and serve as a safe, e ffi cient, and economical alternative to the manned aircraft traditionally utilized to obtain aerial imagery. By reducing the amount of manned aircraft needed to perform aerial acquisitions, an exemption allowing the use of a DJI Phantom 3 Professional would reduce the amount of manned aircraft in the NAS, reduce noise and air pollution, as well as increase the safety of life and property in the air and on the ground. Furthermore, by reducing the number of manned aircraft operating in the NAS, congestion around airports caused by arriving and departing aircraft will be reduced. The DJI Phantom 3 Professional does not require an airport to takeo ff or land. Likewise, a reduction of manned aircraft conducting aerial video and photography missions would result in fewer aircraft that must be handled by air tra ffi c control during the ground, takeo ff , departure, arrival, and landing phases of flight operations.

2. The Public Will Benefit from the Safety and E ffi ciency Of The DJI Phantom 3 Professional. Conducting aerial acquisitions with the DJI Phantom 3 Professional, instead of manned aircraft, will greatly benefit the public by drastically reducing the levels of air and noise pollution generated during traditional aerial video and still photography flight operations. By using battery power and electric motors, DJI Phantom 3 Professional 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 Professional, while reducing the carbon footprint of aerial acquisitions, also eliminates noise pollution, as the UA is propelled by battery powered electric motors, rather than an internal combustion engine. By using DJI Phantom 3 Professional to perform aerial acquisitions, the substantialrisk to life and property in the air and on the ground, which is usually associated with traditional 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 Professional (gross weight of 2.82 pounds, a length of 23.2 inches (square size in all dimensions), height of 10 inches, and a maximum speed of approximately 31 knots, 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 of approximately 42 feet, a length of 34 feet, and a fuel capacity of 180 gallons).

3. Performing Aerial Video and Photography Operations With The DJI Phantom 3 Professional Will Benefit the Economy.

In addition to being safe and e ffi cient, the DJI Phantom 3 Professional are also an economical alternative to using manned aircraft to conduct similar aerial operations. As such, operation of DJI Phantom 3 Professional will allow United States based companies, like Digital Media Solutions, to remain competitive and contribute to growth of the U.S. economy. Specifically, with the rising cost of aviation fuel and the Environmental Protection Agency (“EPA”) regulatory actions phasing out leaded aviation fuels, U.S. owned and operated companies must adopt new and alternative technology in order to remain competitive. Operating the battery powered DJI Phantom 3 Professional is one such technology that not only allows companies greater operational flexibility compared to manned aircraft, but provides such flexibility without the high operational cost of a traditional manned aircraft. By operating the DJI Phantom 3 Professional, companies such as Digital Media Solutions, can remain competitive and profitable, and therefore, provide greater job stability to employees and contractors, which will ultimately contribute to growth of the U.S. economy. Improved financial performance of U.S. companies, through commercial use of the DJI Phantom 3 Professional, provides a stable workforce that increases consumer spending; improves local, state, and federal tax revenues; and allowscompanies to invest in research and development in order to remain competitive both in the United States and abroad.

4. There Are No Privacy Issues.

Similar to the manned aerial acquisition flight operations that have been conducted for decades, Digital Media Solutions, LLC proposed operation of the DJI Phantom 3 Professional will not implicate any privacy issues. Specifically, the DJI Phantom 3 Professional will be operated only in compliance with operating documents which requires property owner involvement 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 A ff ect Safety, Or How the Exemption Would Provide a Level of Safety at Least Equal to That Provided by The Rule from Which Digital Media Solutions Seeks Exemption.

1. Reasons Why DJI Phantom 3 Professional Meets the Conditions Of The FAA Modernization and Reform Act of 2012 (FMRA) Section 333.

In consideration of the size, weight, speed, and limited operating area associate with the unmanned aircraft and its operation, Digital Media Solutions operation of the DJI Phantom 3 Professional 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 a UAS will create a hazard to users of the NAS or the public, or otherwise pose a threat to national security.

In seeking this exemption, Digital Media Solutions submits that the DJI Phantom 3 Professional can operate safely in the NAS pursuant to FMRA Section 333, as demonstrated by: (a) the characteristics of the DJI Phantom 3 Professional; (b) the pilot certification requirement; and (c) the specific operating limitations.a. The Specifications of The DJI Phantom 3 Professional Demonstrate Its Safe Characteristics.

The DJI Phantom 3 Professional does not create a hazard to users of the NAS or the public, or otherwise pose a threat to national security considering its size, weight, speed, and operational capability.

i. Technical Specifications of The DJI Phantom 3 Professional.

The technical specifications of the DJI Phantom 3 Professional are set forth in the User Manual. User Manual link is provided on Page 17 of this document as an Appendix.

ii. The DJI Phantom 3 Professional Autonomous Flight and Navigation Modes Enable The UAS to Remain Within a Defined Operational Area.

The DJI Phantom 3 Professional may be operated in both manual and fully autonomous flight modes. A complete description of the flight and navigational modes is provided in the User Manual. User Manual link is provided on Page 17 of this document as an Appendix.

iii. The DJI Phantom 3 Professional Are Designed for Automatic Return to Home Point or Hover in The Event of Loss of the Control Link or Navigation.

When the Control Link is lost, the DJI Phantom 3 Professional will remain stationary, in flight, for 3 seconds or more. If, after 3 seconds, the DJI Phantom 3 Professional do not reacquire control link data from the GCS, the UAS will assume that the Control Link is lost and the UAS will return to the home position (i.e., failsafe mode) via GPS, and will descend to the takeo ff position and shutdown. A complete description of the Failsafe Functions is provided in the User Manual. User Manual link is provided on Page 17 of this document as an Appendix.

iv. DJI Phantom 3 Professional and Its Operation.

A complete description of the operation and specifications of the DJI Phantom 3 Professional and flight control software is provided in theUser Manual. User Manual link is provided on Page 17 of this document as an Appendix also with a preflight check list link.

b. Flight Operations of DJI Phantom 3 Professional Are Limited to the Line of Sight of a Certificated Pilot in Command with A Safety Observer.

Digital Media Solutions will only utilize certificated pilots who possess a current and valid airman medical certificate to act as a pilot in command (PIC) of the DJI Phantom 3 Professional. Additionally, a safety observer will assist all pilots during flight time.

c. Flights of DJI Phantom 3 Professional Will Be Conducted Pursuant To Specific Operating Limitations.

In seeking this exemption, Digital Media Solutions proposes to commercially operate DJI Phantom 3 Professional for the special purpose of conducting aerial video and photography over certain areas of United States, pursuant to the following specific operating limitations:

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

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

3. The UAS may not be flown at an 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 procedures specified in the operating documents unless a special request is made and approved by ATC. All altitudes reported to ATC must be in feet AGL.5. The UAS must be operated within visual line of sight (VLOS) of the PIC at all times. This requires the PIC to be able to use human vision unaided by any device other than corrective lenses, as specified on the PIC’s 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). 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 of the 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 tra ffi c and other ground based obstacles/obstructions and is not permitted to operate the camera or other instruments.

9. The operating documents and the grant of exemption must be accessible during UAS operations and made available to the Administrator upon request. If a discrepancy exists between the conditions and limitations contained in the grant of exemption and the procedures outlined in the operating documents, the conditions and limitations contained in the grant of exemption take precedence and must be followed. Otherwise, the operator must follow the procedures as outlined in its operating documents. The operator may update or revise its operating documents. It is the operator’s responsibility to track 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 a ff ect the basis upon which the FAA granted the exemption, then the operator must petition for amendment to its grant of exemption. The FAA’s UAS IntegrationO ffi 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 the UAS to ensure that it is in a condition for safe flight. If the inspection reveals a condition that a ff ects the safe operation of the UAS, the aircraft is prohibited from operating until the necessary maintenance has been performed and the UAS is found to be in a condition for safe flight. The Ground Control Station must be included in the preflight inspection. All maintenance and alterations must be properly documented in the aircraft records.

11. Any UAS that has undergone maintenance or alterations that

a ff ect 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 must make an entry in the aircraft records.

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

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

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

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

16. The authorized person must make an entry in the aircraft record of the corrective action taken against discrepancies discovered between inspections.17. The PIC must possess at least a private pilot certificate and at least a current third- class medical certificate.

18. The operator may not permit any PIC to operate unless the PIC meets the operator’s qualification criteria and demonstrates the ability to safely operate the UAS in a manner consistent with how the UAS will be operated under the exemption, including evasive and emergency maneuvers and maintaining appropriate distances from persons, vessels, vehicles and structures. PIC qualification flight hours must be logged in a manner consistent with 14 C.F.R. § 61.51(b). Flights for the purposes of training the operator’s PICs are permitted under the terms of the exemption. However, training operations may only be conducted during dedicated training sessions. During training, 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 may not be conducted during night, as defined in 14 C.F.R. § 1.1. All operations must be conducted under visual meteorological conditions (VMC). If flight at night is required, a special request will be made at the FAA o ffi ce closest to proposed area of operations. Flights under special visual flight rules (SVFR) are not authorized.

20. The UA may not operate within 5 nautical miles of an airport reference point as denoted on a current FAA-published aeronautical chart unless a letter of agreement with that airport’s management is obtained, and the operation is conducted in accordance with a NOTAM as required by the operator’s COA. The letter of agreement with the airport management must be made available to the Administrator upon request.

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

22. If the UA loses communications or loses its GPS signal, it must return to a predetermined location within the planned operating areaand land or be recovered in accordance with the operating documents.

23. The PIC must abort the flight in the event of unpredicted obstacles or emergencies in accordance with the operating documents.

24. The PIC is prohibited from beginning a flight unless (considering wind and forecast weather conditions) there is enough power to fly at normal cruising speed to the intended landing point and land the UA with 25% battery power remaining.

25. All aircraft operated in accordance with the exemption must be identified by serial number, registered in accordance with 14 C.F.R. part 47, and have identification (N- Number) markings in accordance 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 must be available to the PIC at the Ground Control Station of the UAS any time the UAS is operating. These documents must be made available to the Administrator or any law enforcement o ffi cial upon request.

27. The UA must remain clear and yield the right of 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 su ffi ciently 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 wherenonparticipating persons leave such protection and are within 500 feet of the UA, flight operations must cease immediately and/or;

b. The aircraft is operated near vessels, vehicles or structures where the owner/controller of such vessels, vehicles or structures has granted permission and the PIC has made a safety assessment of the risk of operating closer to those objects and determined that it does not present an undue hazard, and;

c. Operations nearer to the PIC, SO, operator trainees or essential persons do not present an undue hazard to those persons per § 91.119(a). 32. All operations shall be conducted over private or 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 be conducted.

30. Any incident, accident, or flight operation that transgresses the lateral or vertical boundaries of the operational area as defined by the applicable COA must be reported to the FAA's UAS Integration O ffi ce (AFS-80) within 24 hours. Accidents must be reported to the National Transportation Safety Board (NTSB) per instructions contained on the NTSB Web site: www.ntsb.gov

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

In accordance with Section 333 of the FAA Modernization and Reform Act of 2012 (FMRA) and 14 C.F.R. § 21.16 entitled Special Conditions, Digital Media Solutions requests that the FAA prescribe special conditions for the intended operation of the DJI Phantom 3 Professional, which contain such safety standards that the Administrator finds necessary to establish a level of safety equivalent to that established by 14 C.F.R. Part 21, Subpart H, and 14 C.F.R §§ 61.113(a) & (b), 91.7 (a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b). Such special conditions will permit safe operation of the UAs for the limited purpose of conducting aerial video and photography over certain areas of the United States for compensation or hire. FMRA Section 333 sets forththe requirements for considering whether a UAS will create a hazard to users of the NAS or the public, or otherwise pose a threat to national security; and further, provides the authority for such UAS to operate without airworthiness certification in accordance with any requirements that must be established for the safe operation of the UAS in the NAS.

Likewise, the Administrator may prescribe special conditions pursuant to 14 C.F.R. § 21.16, for operation of the DJI Phantom 3 Professional, since the airworthiness regulations of 14 C.F.R. Part 21 do not contain adequate or appropriate safety standards, due to the novel or unusual design features of the aircraft. Section 21.16, entitled Special Conditions, states the following: If the FAA finds that the airworthiness regulations of this subchapter do not contain adequate or appropriate safety standards for an aircraft, aircraft engine, or propeller because of a novel or unusual design feature of the aircraft, aircraft engine or propeller, he prescribes special conditions and amendments thereto for the product. The special conditions are issued in accordance with Part 11 of this chapter and contain such safety standards for the aircraft, aircraft engine or propeller as the FAA finds necessary to establish a level of safety equivalent to that established in the regulations. See 14 C.F.R. § 21.16.

Therefore, in accordance with FMRA Section 333 and 14 C.F.R. § 21.16, the FAA may prescribe special conditions for Digital Media Solutions intended operation of the DJI Phantom 3 Professional, 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

15"

21, Subpart H, and 14 C.F.R Sections 61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b).F. A Summary That Can Be Published in The Federal Register, stating: The Rules From Which Digital Media Solutions Seeks Exemption:

Digital Media Solutions seeks exemption from the requirements of 14 C.F.R Sections 61.113(a)&(b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b).

A Brief Description of the Nature of the Exemption Digital Media Solutions Seeks:

This exemption will permit Digital Media Solutions to commercially operate an Unmanned Aircraft System (UAS) for the purpose of conducting aerial video and photography over certain areas of the United States.

G. Any Additional Information, Views, or Arguments Available to Support Digital Media Solutions Request.

This Petition is made pursuant to the FAA Modernization and Reform Act of 2012 (FMRA) Section 333, which directs the Secretary of Transportation to determine if certain UAS may operate safely in the NAS. As such, Digital Media Solutions request for exemption may be granted pursuant to the authority of FMRA Section 333 and 14 C.F.R. Part 11, as set forth above. FMRA Section 333 sets forth the requirements for considering whether a UAS will create a hazard to users of the NAS or the public, or otherwise pose a threat to national security; and further, provides the authority for such UAS to operate without airworthiness certification. As discussed in detail above, Digital Media Solutions will operate the DJI Phantom 3 Professional 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, Digital Media Solutions 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 safeoperation of the DJI Phantom 3 Professional commercially, without an airworthiness certificate, for the limited purpose of conducting aerial video and photography over certain areas of the United States. By granting this Petition, the FAA Administrator will be fulfilling the Congressional mandate of the FAA Modernization and Reform Act of 2012, while also advancing the interests of the public, by allowing Digital Media Solutions to safely, e ffi ciently, and economically operate the DJI Phantom 3 Professional commercially within the NAS.

WHEREFORE , in accordance with the Federal Aviation Regulations and the FAA Modernization and Reform Act of 2012, Section 333, Digital Media Solutions respectfully requests that the Administrator grant this Petition for an exemption from the requirements of 14 C.F.R Sections 61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b), and permit Digital Media Solutions to operate the DJI Phantom 3 Professional commercially for the purpose of conducting aerial video and photography over certain areas of the United States.

Dated: Thursday, October 1, 2015

Digital Media Solutions , Brooks Van Aken

108 Pratt St., North Adams, MI 49262

Appendices: DJI Phantom 3 Professional Manufacturer User Guide / Pre-Flight Check List http://www.dji.com/product/phantom-3/download

https://dl.dropboxusercontent.com/u/9600059/P3%20Checklist.pdf