UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

FEDERAL AVIATION ADMINISTRATION

WASHINGTON, DC

Regulatory Docket No.

_ _ _ _ __

IN THE MATTER OF THE PETITION FOR EXEMPTIONOF:

Franco Cafiero

FOR AN EXEMPTION SEEKING RELIEF FROM THE REQUIREMENTS OF

TITLE 14 OF THE CODE OF FEDERAL REGULATIONS

SECTIONS 61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1),

91.409(a)(l) & (a)(2), AND 91.417(a) & (b) CONCERNING COMMERCIAL

OPERATION OF DJI PHANTOM III UNMANNED AIRCRAFT S YSTEM

PURSUANT TO SECTION 333 OF

THE FAA MODERNIZATION AND REFORM ACT OF 2012

( PUBLIC LAW 112

- 95)

Submitted on February 26

, 2016

Franco Cafiero

Mailing Address:

3615 Gilmore Heights Rd N

Jackson v ill e,

Florida 3 2225

Physical Address:

3615 Gilmore Heights Rd N

Jackson v ill e,

Florida 3 2225

904

- 982

- 6504TABLE OF CONTENTS

Page

GLOSSARY OF ABBREVIATIONS.................................................................................. 3

SUMMARY................................. ......................................................................................... 4

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

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

BASIS FOR PETITION........................................................................................................ 5

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

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

THE SPECIFIC SECTIONS OF 14 C.P.R. FROM WHICH FRANCO CAFIERO SEEKS

EXEMPTION......................

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

THE EXTENT OF RELIEF FRANCO CAFIERO SEEKS AND THE REASON FRANCO

CAFIERO SEEKS THE RELIEF

........................................................ ............. 11

THE REASONS WHY GRANTING FRANCO CAFIERO 'S REQUEST WOULD BE IN

THE PUBLIC INTEREST ......................

.................................... .... .................................. 15

THE REASONS WHY G RANTING THE EXEMPTION WOULD NOT

ADVERSELY AFFECT SAFETY......................

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

SUMMARY THAT CAN BE PUBLISHED IN THE FEDERAL REGISTER

.......... .... 34

ANY ADDITIONAL I NFORMATION, VIEWS, OR ARGUMENTS

AVAILABLE TO SUPPORT FRANCO CAFIERO 'S REQUEST

.. .............. ........ 34

CONCLUSION........................................................................................................... .......... 35

APPENDICES ........................................................................................37

2GI OSSARY OF ABBREVIATIONS

AGL

AOI

ATC

ATO

AV

CFR

COA

FAA

FAR

GCS

GPS

LOL

NAS

NOTAM

PIC

Section 333



## so

S OP



### UA

U AS

VFR

VLOS

VMC

VTOL Above Ground Level

Area of lnterest

Air Traffic Control

Air Traffic Organization

Aerial Vehicle

Code of Federal Regulations

Certificate of Authorization

Federal Aviation Administration

Federal Aviation Regulation

Ground Control Station

Global Positioning System

Loss of Link

National Airspace System

Notice to Airman Pilot

Person In Command

FAA Modernization and Reform Act of2012 (FMRA) Section 333

Safety Observer

Standard Operating Procedures

Unmanned Airc raft

Unmanned Aircraft System

Visual Flight Rules

Visual Line of Site

Visual Meteorological Conditions

Vertical Takeoff and Landing

3SUMMARY

Franco Cafiero 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)(l), 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

Franco Ca fiero to operate an Unmanned Aircraft System ( UAS ) for the commercial

purpose of conducting aerial video and photography of c onstruction sites, real estate, private

events, and landscape over certain areas of the United States.

INTRODUCTION AND INT ERESTS OF THE PETITIONER

Franco Cafiero provides his clients with expertise and knowledge in

advanced technologies and solutions to increase efficiency, productivity and effectiveness.

Franco Cafiero has over 5 years of professional experience in Co mputer Generated

Information Technology and is recognized as an expert in network infrastructure and

project management. He has over 10 years combined recreational/hobby aircraft and

Computer/Camera Generated photography. The objective of Franco Cafi ero aerial

video and photography operations is to provide high quality imaging for a variety of

commercial, public, and residential uses, specifically targeting:



## • Construction sites before and after



## • Appraisals



## • Real

- estate marketing



## • P rivate Event videography



## • Aerial acquisitions used for inspections of public and private structures.

4BACKGROUND



### Unmanned A ircraft Systems: DJI Phantom III UAS

Franco Cafiero seeks an exemption to operate DJI systems for compensation

or hi re within the NAS. The DJI Phantom III is a vertical take off and

landing (VTOL) Unmanned Aircraft (UA) with a Ground Control Station (GCS) utilizing

electronic tablet or smart phone systems. The DJI Phantom III has a maximum gross

weight of approxim ately 2 pounds 11 ounces, while having a length of 16 inches

, width of

16 inches, height of 8 inches, and a maximum speed of approximately 29 knots.

The DJI Phantom III UAS is equipped with four main rotors; driven by Lithium Polymer

battery powered electric motors.

The DJI Phantom III UAS that will be operated by Franco Cafiero

will be registered in accordance with 49 U.S. C. 44103, Registration ofAircraft, as

well as 14 C.F.R Part 47, Aircrqft Registration, and marked in accordance with 14

C. F.R. Part 45, Identification and Registration Marking.

BASIS FOR PETITION



### Petitioner, Franco Cafiero , pursuant to the provisions of the Federal Aviation

Regulations (14 C.F.R. § 11.61) and the FAA Modernization and Reform Act of2012

(FMRA), Sectio n 333, Special Rules for Certain Unmanned Aircraft Systems, hereby

petitions the Administrator to commercially operate the DJI Phantom III

UAS in the National Airspace System (NAS), and for an exemption from the

5requirements of 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)(l) & (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, Fran co Cafiero operation of DJI

Phantom III UAS meets the conditions of FMRA Section 333 and

therefore, will not require an airworthiness certificate in accordance with 14 C.P.R. Part

21, Subpart H.

Accordingly, Franco Cafiero requests relief from Sec tions 91.405(a),

91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b), as these sections set forth

requirements for maintenance that only apply to aircraft with an airworthiness certificate.

Franco Cafiero submits that the requested relief is p roper since an equivalent

level of safety will be ensured. Franco Cafiero will use experienced personnel or

technicians to perform maintenance, alterations, or preventive maintenance on the UAS

using the methods, techniques, and practices prescribe d in the operating documents (i.e.,

Monthly Maintenance Log, and DJI Phantom III I nstruction Manual).

Furthermore, Franco Cafiero will document and maintain all maintenance records for

the DJI Phantom III UAS

.

Relief from certain requirements of S ection 61.113(a) and (b), entitled 

### Private pilot

privileges and limitations: Pilot in command, is requested by Franco Cafiero 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, by meeting

minimum flight

- hour and currency requirements, that the PIC is able to safely operate the

DJI Phantom III UAS in a manner consistent with this

6

### exemption, including evasive and e mergency maneuvers and maintaining appropriate

distances from people, vessels, vehicles and structures.

Franco Cafiero seeks relief from Section 91.7(a), entitled Civil aircraft

airworthiness, because the Dll Phantom III 

### UAS do es not require an

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

### As such,

Franco Cafiero submits that he will ensure that the DJI Phantom III

UAS is in an airworthy condition, prior to every flig ht, by determining that the UAS

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

Phantom III Instruction Manual), and that the aircraft are in a condition

for safe flight.

Franco Cafiero also seeks an exemption from the requirements of Section

91.121, enti tled Altimeter Settings, as the DJI Phantom III UAS will not

have a typical barometric altimeter onboard. However, altitude information of the D JI

Phantom III 

### and will be provided to the PIC via Global Positioning

System (GPS) equipment and radio com munications telemetry data link, which downlinks

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

combined with Franco Cafiero 's operation of the DJI Phantom III

UAS within vis ual line of sight, at or below 4 00 feet AGL, will ensure a level of safety

equivalent to Section 91.121.

Additionally, Franco Cafiero seeks an exemption from the requirements of

Section 91.151 (b), entitled Fuel requirements for flight in VFR conditions. Franco Cafiero

submits that safety will not be affected by operation of the DJI Phantom I II

UAS during daylight hours in visual meteorological conditions (VMC)

7

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

approximately 13 .5 minutes to the first point of intended landing and, assuming normal

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

In accordance with 14 C.F.R. § 

### 11.81, Franco Cafiero provides the following

information in support of its petition for exemption:

A. Name a nd Address Of The Petitioner.



### The name and

mailing address of

the Petitioner and

point of contact is:

Franco Cafiero

3615 Gilmore Heights Rd N



### Jacksonv ill e, Florida 3 2225

E

- Mail:

fcafiero@gmail.com



### 904

- 982

- 6504

B. The Spec ific Sections Of 14 C.F.R. From Which Franco Cafiero

Seeks Exemption.

1. Franco Cafiero Seeks Exemption From The Requirements Of

Section 61.113(a) And (b).



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

subse ctions (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. Franco Cafiero Seeks Exemption From The Requirements Of

Section 91.7(a).

8Section 91. 7, entitled 

### Civil aircraft airworthiness, subsection (a), states the

follow ing:

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

3. Franco Cafiero 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 re ported 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)(l)(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. Franco Cafiero Seeks Exemption From The Requirements Of

Se ction 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 cond itions) 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. Franco Cafiero Seeks Exemption From The Requirement Of

Section 91.405(a).

9Section 9 1.405, 

### 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 provide d in paragraph (c) of this

section, have discrepancies repaired as prescribed in part 43 of this chapter.

6. Franco Cafiero Seeks Exemption From The Requirements Of

Section 91.407(a)(l)

Section 91.407, entitled 

### Operation a fter maintenance, preventiv e maintenance,

rebuilding, or alteration, subsection (a)(l), 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. Franco Cafiero Seeks Exemption From The Requirements Of

Sections 91.409(a)(l) And 91.409(a)(2).

Section 91.409, entitled 

### Inspections, subsection (a), states the following:

(a) Exce pt 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 ser vice 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. Franco Cafiero Seeks Exemption From The Requirements Of

Sections 91.417(a) A nd 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:



### 10(I) Records of the maintenance, preventive maintenance, and alteration and

records of the I00

- hour, annual, progressive, and other required or approved

inspections, as appropriate, for eac h 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 com pletion 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 appl icable 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 actio n 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 recor ds for the periods

prescribed:

(1 ) The reco rds specified in paragraph (a)(1 ) of this section shall be retained

until the work is repeated or superseded by other work or for I year after the

work is performed.

11

### (2) The records specified in par agraph (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 r epaired and the aircraft is

approved for return to service.

C. The Extent Of Relief Franco Cafiero Seeks And The Reason Franco Cafiero

Seeks The Relief.

1. Extent Of Relief Franco Cafiero Seeks And The Reason Franco Cafiero

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 curre nt 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 pa ssengers or property for

compensation or hire.

As set forth more fully below, Franco Cafiero submits that an equivalent level

of safety will be maintained because no PIC will be allowed to operate th e DJI Phantom III

UAS unless that PIC has met c ertain flight

- hour and currency

requirements, demonstrating that the PIC is able to safely operate either the DJI Phantom

III UAS in a manner consistent with the operations specifications as

described in this exemption, including evasive and emergenc y maneuvers, as well as

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

12Further, Franco Cafiero submits that all flights of the DJI Phantom III

UAS , conducted by the PIC pursuant to the grant of this Petition: (1) will be

incidental to Franco Cafiero 's business; and (2) will not carry passengers or property

for compensation or hire.

2. Extent Of Relief Franco Cafiero Seeks And The Reason Franco Cafiero

Seeks Relief From Section 91.7(a).

Relief from Sect ion 91.7(a) entitled 

### Civil aircraft airworthiness, is requested to the

extent required to allow Franco Cafiero to determine that the DJI Phantom III UAS is in

airworthy condition prior to every flight by ensuring that the

VAS is in compliance with th e operating documents (i.e., the Franco Cafiero Aerial

Operations Manual, Monthly Maintenance Log, and DJI Phantom III

Instruction Manual).

Franco Cafiero seeks the requested relief because the DJI Phantom III

UAS do es not require an airworthines s certificate in accordance with 14

C.F.R. Part 21, Subpart H. Therefore, Franco Cafiero will ensure that the DJI

Phantom III UAS is in airworthy condition based upon its compliance

with the operating documents (i.e., Monthly Maintenance Log, and DJ I Phantom III and

DJI Inspire 1 Instruction Manual) prior to every flight, and further, determine that the

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

3. Extent Of Relief Franco Cafiero Seeks And The Reason Franco

Cafiero Se eks Relief From Section 91.121.

Relief from Section 91.121, entitled Altimeter settings, may be required to allow

flight operations of the DJI Phantom ITI UAS , which utilize s 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

13(GCS). Since the FAA requires that any altitude information concerning UAS operations

be reported to air traffic con trol (ATC) in feet above ground level (AGL), Howard Cash

Marsh seeks the requested rel ief because the DJI Phantom III UAS

altimeter may be set on the ground to zero feet AGL, rather than the local barometric

pressure or field altitude, before each fl ight.

Considering the limited altitude of the proposed operations, relief from 14 CFR

91.121 is sought to the extent necessary to comply with the applicable conditions and

limitations stated below. As more fully set forth herein, an equivalent level of safety will

be maintained since the DJI Phantom III UAS is equipped with a

barometric pressure sensor and GPS equipment, which automatically ensures that a ground

level pressure setting will be established prior to each flight, and provides the PIC with

altitude information of the UA on the heads

- up display of the GCS.

4. Extent Of Relief Franco Cafiero Seeks And The Reason Franco Cafiero

Seeks Relief From Section 91.151(b).

Relief from Section 91.151(b) entitled Fuel requirements for flig ht in VFR

conditions, is requested to the extent required to allow flights of the battery powered DJI

Phantom III UAS during daylight hours in visual meteorological

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

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

at least 4.5 minutes. Franco Cafiero seeks the requested relief because without an

exemption from Section 91.151 (b), the flight time duration of the battery powered DJI

Phantom III UAS will severely constrain the practicality of any aerial

video or still photo flight operations that Franco Cafiero proposes to conduct pursuant

to this Petition.



### 14

### Significantly, as set forth below, the tech nical specifications of the DJI Phantom III

UAS , the DJI Phantom III operating documents, and

Franco Cafiero 's proposed operating limitations, ensure that Franco Cafiero

will safely operate the battery powered DJI Phantom III UAS during

dayligh t hours in visual meteorological conditions (VMC), under visual flight rules (VFR),

with enough battery power to fly for a total duration of 13.5 minutes to the first point of

intended landing and, assuming normal cruising speed, to fly after that for at least 4.5

minutes.

5. Extent Of Relief Franco Cafiero Seeks And The Reason Franco Cafiero

Seeks Relief From 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)(1) & 

### (a )(2), and 91.417(a) & 

### (b)

only apply to aircraft with an airworthiness certificate, Franco Cafiero requests relief

from these Sections because the DJI Phantom III UAS do es not require an

airworthiness certificate. As set forth more fully below, the DJ I Phantom III

UAS meet s the conditions of FMRA Section 333 for operation without an

airworthiness certificate. Accordingly, Franco Cafiero will use trained technicians to

perform maintenance, alterations, or preventive maintenance on the UAS using th e

methods, techniques, and practices prescribed in the UAS operating documents (i.e., the

Franco Cafiero Aerial Operations Manual, Monthly Maintenance Log, and DJI

Phantom III Instruction Manual). Furthermore, Franco Cafiero will

document and maint ain all maintenance records for the DJI Phantom III UAS

.

D. The Reasons Why Granting Franco Cafiero 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 int erest by allowing

Franco Cafiero to safely, efficiently, and economically perform aerial



### 15video and photography of construction sites, real estate, and landscape over

certain areas of the United States.

Additionally, use of the DJI Phantom III UAS will decrease

congestion of the NAS, reduce pollution, and provide significant benefits to the economy.

Notably, the benefits of Franco Cafiero 's proposed operation of the DJI Phantom III

UAS will be realized without implicating any privacy issues.

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

The DJ I Phantom III UAS is battery powered and serve s as a

safe, efficient, and economical alternative to the manned aircraft traditionally utilized to

obtain aerial imagery. By reduc ing the amount of manned aircraft needed to perform aerial

acquisitions, an exemption allowing the use of a DJI Phantom III UAS

would reduce the amount of manned aircraft in the NAS, reduce noise and air pollution, as

well as increase the safety of l ife 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 III UA S do es not requir e an airport to takeoff or land.

Likewise, a reduction of manned aircraft conducting aerial video and photography

missions would result in fewer aircraft that must be handled by air traffic control during

the ground, takeoff, departure, arrival, and landing phases of flight operations.

2. The Public WILL Benefit From The Safety And Efficiency Of The

DJI Phantom III UAS

.

16

### Conducting aerial acquisitions with the DJI Phantom III UAS

,

instead of manned aircraft, will greatly benefi t 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 elec tric motors, the DJI Phantom III

UAS produce s no air pollutio n, 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 III UAS

, while reducing the carbon footprint of aerial

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

electric motors, rather than an internal combustion engine.

By using the DJI Phantom III UAS to perform aerial

acquisitions, the substantial risk to life and property in the air and on the ground, which is

usually associated with traditional manned aircraft flight operations, will be substantially

reduced or co mpletely eliminated. Aside from the lack of flight crew members located

onboard the aircraft, the DJI Phantom III UA (weighing approximately 2 pounds 11 ounces,

at its maximum gross weight with length of 16 inches , widths of 16 inches , and with no fu el

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 ap proximately 42

feet, a length of 34 feet, and a fuel capacity of 

### 180 gallons).

173. Performing Aerial Video and Photography Operations With The DJI

Phantom III UAS WILL Benefit The Economy

.



### In addition to being safe and efficient, the D JI 

### Phan tom II I UAS

is also an economical alternative to using manned aircraft to conduct similar aerial

operations. As such, operation of the D JI 

### Phantom II I UAS will allow

United States based companies, like Franco Cafiero , to remain competitive and

cont ribute 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

alter native technology in order to remain competitive. Operating the battery powered DJI



### Phantom II I UAS is one such technology that not only allows

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

flexibility witho ut the high operational cost of a traditional manned aircraft.

By operating the DJI 

### Phantom III UAS , companies such as

Franco Cafiero , can remain competitive and profitable, and therefore, provide

greater job stability to employees and contractors, w hich will ultimately contribute to

growth of the U.S. economy. Improved financial performance of U.S. companies, through

commercial use of the DJI 

### Phantom III UAS , provides a stable

workforce that increases consumer spending; improves local, state, a nd federal tax

revenues; and allows companies to invest in research and development in order to remain

competitive both in the United States and abroad.

4. There Are No Privacy Issues.



### Similar to the manned aerial acquisition flight operations tha t have III UAS will

18not implicate any privacy issues. Specifically, the DJI Phantom III UAS will be

operated only in compliance with operating documents

(i.e., the Franco Cafiero Aerial Operations Manual, Monthly Maintenance Log, and

DJI Phantom II I 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 Reaso ns 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 Franco Cafiero Seeks Exemption.

1. Reasons Why The DJI Phantom III UA S Meet s Th e

Conditions Of The FAA Modernization and Reform Act of 2012 (FMRA)

Section 333.

In consideration of the size, weight, speed, and limited operating area associated

with the unmanned aircraft and its operation, Franco Cafiero 's operation of the DJI

Phantom III 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 s ets forth requirements for considering whether a UAS will create a

hazard to users of the NAS or the public, or otherwise pose a threat to national security.

Specifically, FMRA Section 333 states the following, in part:



### (a) In General.

-- Notwithstandi ng any other requirement of this subtitle, and not

later than 180 days after the date of enactment of this Act, the Secretary of

Transportation shall determine if certain unmanned aircraft systems may

operate sa fely in the national airspace system befor e completion of the plan

and rulemaking required by section 332 of this Act or the guidance required by

section 334 of this Act.

19(b) 

### Assessment of Unmanned Aircraft Systems.

-- In making the determination under

subsection (a), the Secretary s hall determine, at a minimum

--

(1)) 

### which types of unmanned aircraft systems, if any, as a result of their

size, weight, speed, operational capability, proximity to airports and

populated areas, and operation within visual line of sight do not create

a hazard to users of the national airspace system or the public or pose a

threat to national security; and

(2)) whether a certificate of waiver, certificate of authorization, or

airworthiness certification under section 44704 of title 49, United States

Code, is required for the operation of unmanned aircraft systems

identified under paragraph (1).



### (c) Requirements for Safe Operation.

— If the Secretary determines under this

section that certain unmanned aircraft systems may operate safely in the

nat ional airspace system, the Secretary shall establish requirements for the safe

operation of such aircraft systems in the national airspace system.

In seeking this exemption, Franco Cafiero submits that the DJI Phantom III

UAS can operate safely in the NAS pursuant to FMRA Section 333, as

demonstrated by: (a) the characteristics of the DJI Phantom III UAS ; (b)

the pilot certification requirement; and (c) the specific operating limitations.

a. The Specifications Of The DJI Phantom III UAS

Demo nstrate s Its Safe Characteristics.



### The DJI Phantom III UAS do es not create a hazard to users of the

NAS or the public, or otherwise pose a threat to national security considering its size,

weight, speed, and operational capability.

i. Technical Sp ecifications Of The DJI Phantom III UAS

.



### The technical specifications of the DJI Phantom III UAS are set

forth by the DJI Phantom III Specifications and Data Sheet, attached

hereto as Exhibit A

.

20ii. The DJI Phantom III UAS Autonomous Fli ght

And Navigation Modes Enable The UAS To Remain Within A

Defined Operational Area.

The DJI Phantom III UAS may be operated in both manual and

fully autonomous flight modes. A complete description of the flight and navigational

modes of the DJI Ph antom III UAS is provided at pages 25

- 35 of the

DJI Phantom III User Manual, attached hereto as Exhibit B

.

iii. The DJI Phantom III UAS is Designed For

Automatic Return To Home Point Or Hover In The Event Of

Loss Of The Control Link Or Navigation.

When the Control Link is lost, the DJI Phantom III UAS will

remain stationary, in flight, for 3 seconds or more. If, after 3 seconds, the DJI Phantom III

UAS do not reacquire control link data from the GCS, the UAS will

assume that the Control Li nk is lost and the UAS will return to the home position (i.e.,

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

A complete description of the Failsafe Functions of the DJI Phantom III UAS are

set forth at pages 27 throu gh 29 of the DJI Phantom III User Manuals, attached hereto as

Exhibit B

.

iv. The DJI Phantom III GCS And It s Operation.

A complete description of the operation and specifications of the DJI Phantom III

GCS and flight control software is provided at pages 32 through 43 of the DJI Phantom III

User Manual. D JI Phantom III User Manual is attached hereto as Exhibit B

.

21b. Flight Operations Of DJI Phantom III UAS is Limited To The Line

Of Sight Of A Certificated Pilot in Command With A Safety

Observ er.

Franco Cafiero will be the only pilot in command (PIC) of the DJI Phantom III

UAS . Additionally, a safety observer will assist during flight time.

c. Flights Of DJI Phantom III UAS Will Be

Conducted Pursuant To Specific Operating Limitations.

In seeking this exemption, Franco Cafiero proposes to commercially operate

DJI Phantom III UAS for the special purpose of conducting aerial video

and photography over certain areas of United States, pursuant to the following specific

operating limit ations:

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

aircraft described in the operating documents, rotorcraft UAS weighing less

than 55 pounds maximum g ross weight: DJI Phantom III

Unmanned Aircraft Systems. Pro posed 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 b e flown at an indicated airspeed exceeding 20 knots.

4. The UA must be operated at an altitude of no more than 500 feet above ground

level (AGL), as indicated by the procedures specified in the operating

documents unless a special request is made and a pproved 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.



### 22

### 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 maint ains 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 traffic and other gro und 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 follow ed. 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 document s 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 whi ch the FAA granted

the exemption, then the operator must petition for amendment to its grant of

exemption. The FAA's UAS Integration Office (AFS

- 80) may be contacted if

questions arise regarding updates or revisions to the operating documents.

10. Pri or to each flight the PIC must inspect the UAS to ensure that it is in a

condition for safe flight. If the inspection reveals a condition that affects the

safe operation of the UAS , the aircraft is prohibited from operating until the

necessary maintena

nce 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 UA S 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 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.

23

### 13. The operat or 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 p erson returning the

UAS to service.

15. Each UAS operated under this exemption must comply with all manufacturer

Safety Bulletins.

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

corrective action taken against discrepanc ies discovered between inspections.

17. As the ONLY PIC, Franco Cafiero will only operate within the

guidelines as stated in this writing.

18. UAS operations may not be conducted during night, as defined in 14 C.F.R. §



### All operations must be conduc ted under visual meteorological conditions

(VMC). If 

### flight at night is required, a special request will be made at the FAA

office closest to proposed area of operations. Flights under special visual flight

rules (SVFR) are not authorized.

19. 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 NO TAM as required by the operator's COA.

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

the Administrator upon request.

24

### 20. The UA may not be operated less than 500 feet below or less than 2,000 fee t

horizontally from a cloud or when visibility is less than 3 statute miles from the

PIC.

21. If the UA loses communications or loses its GPS signal, it must return to a pre

determined location within the planned operating area and land or be recover ed in

accordance with the operating documents.

22. The PIC must abort the flight in the event of unpredicted obstacles or

emergencies in accordance with the operating documents.

23. The PIC is prohibited from beginning a flight unless (considering win d 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.

24. The operator must obtain an Air Traffic Organization (ATO) issued Certificate

of Waiver or Authorization (COA) prior to conducting any operations under the

grant of exemption. 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 op eration. All operations shall be conducted in accordance

with airspace requirements in the ATO issued COA including class of airspace,

altitude level and potential transponder requirements.

25. All aircraft operated in accordance with the exemption mus t be identified by

serial number, registered in accordance with 14 C.P.R. part 47, and have

identification (N

- 

### Number) markings in accordance with 14 C.P.R. part 45,

Subpart C. Markings must be as large as practicable.

26. Before conducting operations , the radio frequency spectrum used for operation

and control of the UA must comply with the Federal Communications

Commission (FCC) or other appropriate government oversight agency

requirements.

27. The documents required fewer than 14 C.P.R. 91.9 an d 91.203 must be

available to the PIC at the Ground Control Station of the UAS any time the

UAS is operating. These documents must be made available to the

Administrator or any law enforcement official upon request.

28. The UA must remain clear and yield the right of way to all manned aviation

operations and activities at all times.

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

30. Flight operations must be conducted at least 500 feet from all nonparticipating

per sons (persons other than the PIC, SO, operator trainees or essential persons),

vessels, vehicles, and structures unless:

25a. Barriers or structures are present that sufficiently protect nonparticipating

persons from the UA and/or debris in the e vent 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 of the UA, flight operations must cease

immedia tely 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 ob jects and determined that it does not present

an undue hazard, and;

c. Operations nearer to the PIC, SO, or essential persons do not present

an undue hazard to those persons per§ 91.119(a).

31. All operations shall be conducted over private or contro lled

- 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.

32. Any incident, accident, or fligh t operation that transgresses the lateral or

vertical boundaries of the operational area as defined by the applicable COA

must be reported to the FAA's UAS Integration Office (AFS

- 80) within 24

hours. Accidents must be reported to the National Transpor tation Safety Board

(NTSB) per instructions contained on the NTSB W eb site: ww w.ntsb.g ov

.

2. Reasons Why An Exemption From The Requirements Of Section 61.113(a)

And (b) Would Not Adversely Affect Safety.

Franco Cafiero submits that the equivalent lev el of safety established by

Section 61.113(a) and (b) will be maintained because no PIC other than Franco Cafiero

will be allowed to operate the DJI Phantom III

.

Considering Franco Cafiero 's proposed area of operations, and the operating

limitation s set forth

- above; the parallel nature of private pilot aeronautical knowledge

26requirements to those of commercial pilot requirements (See Exemption No. 11 062); and

the airmanship skills necessary to safely operate the DJI Phantom III UAS

,

Franco Cafiero submits that the additional manned airmanship experience of a

commercially certificated pilot would not correlate to the airmanship skills necessary for

Franco Cafiero 's specific proposed flight operations.

The FAA has previous ly 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).

27

### As in Exemption Nos. 11062, 11138, and 11153, prior documented flight

experience that was obtained in compliance with applicable regulations will ensure an

equ ivalent level of safety during Franco Cafiero 's proposed operations. The

Administrator has held that prior documented flight experience that was obtained in

compliance with applicable regulations would ensure safe operations, stating as follows:

In E xemption No. 11062, the FAA required that prior to conducting operations for

the purpose of motion picture filming (or similar operations), the PIC must have

accumulated and logged, in a manner consistent with 14 CFR 61.51(b), 25 hours of

total time as a UAS rotorcraft pilot including at least 10 hours logged as a UAS

pilot with a multi

- rotor UAS . Prior to operations under Exemption No. 11062, the

PIC must also have accumulated and logged a minimum of 5 hours as a UAS pilot

operating the same make an d model of UAS to be used for operations under the

exemption. For clarification, the FAA considers these minimum hour requirements

to be inclusive rather than additive; i.e. 5 hours make and model time may be

included in the 10 hours of multi

- rotor time and the 10 hours may be included in

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

PIC 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

in Exemption No. 11062 are appropriate to practice and build proficiency in 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 the required flight time. During training, proficiency, an d

experience

- building flights the PIC is required to operate the UA with appropriate

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

283. Reasons Why An Exemption From The Requirements Of Section 91.7(a)

Would Not Adversely Affect Safety.

The equivalent level of safety established by Section 91.7(a) will be maintained

because prior to every flight, Franco Cafiero will en sure that the DJI Phantom III

UAS is in an airworthy condition based upon the U AS's compliance with its

o perating documents and as stated in the conditions and limitations herein.

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

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

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

11136, 11138, 11150, 11153, 11156, 11157, 11158, 11159, 11160, 11161).

4. Reasons Why An Exemption From The Requirements Of Section 91.121

Would Not Adversely Affect Safety.

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

because the altitude information of the DJI Phantom III UAS will be

provided to the PIC via GPS equipment and a radio communications telemetry data link,

which downlinks from the UA to the GCS for active monitoring of the flight path and

altitude. This altitude information, combined with Franco Cafiero 's operation of the

DJI Phantom III UAS within visual line of sight, 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 point is automatically established by the UAS at ground level.

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

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

Nos. 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11112, 11136, 11138,

11150, 11153, 11156, 11157, 11158, 11159, 11160, 11161).

295. Reasons Why An Exemption From The Requirements Of Section 91.15l(b)

Would Not Adversely Affect Safety.



### A grant of this exemption would ensure an equivalent level of safety establishe d by

14 C.F.R. Section 91.151(b) as a result of (1) the technical specifications of the D JI

Phantom III 

### UAS ; (2) the limitations on the proposed flight operations;

and (3) the location of the proposed flight operations. Accordingly, Franco Cafiero

will ensure that it will safely operate the battery powered DJI Phantom III 

### UAS during

daylight hours in VFR conditions, with enough battery power to fly for a

total duration of 13.5 minutes to the first point of intended landing and, assuming normal

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

Here, as in Exemption No. 11109, the technical specifications of the DJI Phantom

III UAS ; the limitations on the proposed flight operations; and the

location of the proposed operations, wi ll ensure an equivalent level of safety established by

14 C.F.R. Section 91.151 (b). Furthermore, safety will be ensured as the DJI Phantom III

UAS provide audible and visual warnings to the PIC at the

GCS when the UAS experiences low battery vol tage, the first warning occurring at

approximately 33% remaining battery power, and again at approximately 10% remaining

battery power. At the critically low battery level, the DJI Phantom III 

### UAS will descend

and land automatically.

Significantly , previous exemptions granted by the FAA concerning Section 91.151

establish that safety is not adversely affected when the technical characteristics and

operating limitations of the UAS are considered. Relief has been granted for manned

aircraft to operate at less than the minimums prescribed in Section 91.151, including

Exemption Nos. 2689, 5745, and 10650. Moreover, the FAA has previously granted relief

30from Section 91.151 specific to UAS , in circumstances similar, in all material resp ects, 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, Franco Cafiero submits that the equivalent level of

safety with regard to the regulatory ma intenance and alteration requirements established by

Sections 91.405(a), 91.407(a)(1), 91.409(a)(l) & (a)(2), and 91.417(a) & (b) will be met

because Franco Cafiero will use trained technicians to perform maintenance,

alterations, or preventive maint enance on the UAS using the methods, techniques, and

practices prescribed in the operating documents (i.e., the Franco Cafiero Aerial

Operations Manual, Monthly Maintenance Log, and DJI Phantom I I I

Instruction Manual). Furthermore, Franco Cafiero will document and maintain all

maintenanc e records for the DJI Phantom II I UAS

.

Since the DJI Phantom II I UAS will be inspected as prescribed

by the operating documents, Franco Cafiero will maintain the equivalent level of

safety established by Se ctions 91.405(a), 91.409(a)(l), and 91.409(a)(2). A copy of the DJI

Phantom III User Manual is attached hereto as Exhibit B ; a copy of the DJI Phantom III

UAS Maintenance LOG is attached hereto as Exhibit E.

Likewise, the exemption sought will not a dversely affect safety because Howard

Cash Marsh will use trained technicians to perform maintenance, alterations or preventive

31maintenance on the UAS using the methods, techniques, and practices prescribed by the

operating documents.

Furt hermore, the exemption sought would maintain an equivalent level of safety

established by Sections 91.407, 91.417(a) and 91.417(b), because all maintenance of the

DJI Phantom III UAS will be performed by trained technicians.

Maintenance will be docum ented and maintained utilizing the monthl y maintenance log.

Significantly, previous exemptions granted by the FAA concerning Sections

91.405(a), 91.407(a)(1), 91.409(a)(1) & (aX2), and 91.417(a) & (b) establish that safety is

not adversely affected when the technical characteristics and operating limitations of the

UAS are considered.

In consideration of Franco Cafiero 's proposed operating limitations, the

operating documents, and the technical aspects of the DJI Phantom III UAS

, Franco Cafier o

submits that safety will not be adversely affected by granting

exemption from 14 C.F.R. Sections 91.405(a), 91.407(a)(1) and (a)(2), 91.409(a)(2), and

91.417(a) and (b). The FAA has previously granted relief specific to UAS in circumstances

simila r, 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 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, Franco Cafiero requests

that the FAA prescribe special conditions for the inten ded operation of the DJI Phantom III

UAS , which contain such safety standards that the

32

### Administrator finds necessary to establish a level of safety equivalent to that established by

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

### 61.113(a) & 

### (b ), 91.7 (a), 91.121,

91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & 

### (a)(2), and 91.417(a) & 

### (b). Such

special conditions will permit safe operation of the UAS for the limited purpose of

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

compensation or hire. FMRA Section 333 sets forth the requirements for considering

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

threat to national security; and further, provides the authority for such UAS to operate

without airworthiness certification in accordance with any requirements that must be

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

Likewise, the Administrator may prescribe special conditions pursua nt to 14 C.F.R.

§ 

### 21.16, for operation of the DJI Phantom III UAS , since the

airworthiness regulations of 14 C.F.R. Part 21 do not contain adequate or appropriate

safety standards, due to the novel or unusual design features of the aircraft. Section 21.16,

entitled Special Conditions, states the following:

If the FAA finds that the airworthiness regulations of this subchapter do not contain

adequate or appropriate safety standards for an aircraft, aircraft engine, or propeller

because of a novel or unusual design feature of the aircraft, aircraft engine or

propeller, he prescribes special conditions and amendments thereto for the product.

The special conditions are issued in accordance with Part 11 of this chapter and

contain such safety standa

rds 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 Leading Edge's intended operation of the DJI

Phantom III UAS , which contain such safety standards that the

33Administrator finds necessary to establish a level of safety equivalent to that establi shed by

14 C.P.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)(l) & (a)(2), and 91.417(a) & (b).

F. A Summary That Can Be Published In The Federal Register, stating: The Rul es

From Which Franco Cafiero Seeks Exemption:

Franco Cafiero seeks exemption from the requirements of14 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)(l) &

(a)(2), and91.417(a) &(b).

A Brief Descriptio n Of The Nature Of The Exemption Franco Cafiero

Seeks:

This exemption will permit Franco Cafiero to commercially operate an

Unmanned Aircraft System ( UAS ) for the purpose of conducting aerial video and

photography over certain areas of the United Stat es.

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

Franco Cafiero 's Request.

This Petition is made pursuant to the FAA Modernization and Reform Act of2012

(FMRA) Section 333, which directs the Secretary of Transportation to determine if certain

UAS may operate safely in the NAS. As such, Franco Cafiero 's request for

exemption may be granted pursuant to the authority of FMRA Section 333 and 14 C.P.R.

Part 11, as set forth above.

FMRA Section 333 sets forth the requi rements 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 disc ussed in detail above, Franco Cafiero will operate the DJI Phantom

III 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.

34CONCLUSI ON

As set forth herein, Fr anco Cafiero seeks an exemption pursuant to 14 C.F.R.

§

11.61 and Section 333 of the FAA Modernization and Reform Act of2012 (FMRA),

which will permit safe operation of the DJI Phantom III UAS

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 fulf ill ing the Congressional mandate of the FAA

Modernization and Reform Act of2012, whi le also advancing the interests of the public,

by allowing Franco Cafiero to safely, efficiently, and economically operate the DJI

Phantom III UAS commercially within the NAS.

WHEREFORE , in accordance with the Federal Aviation Regulations and the FA A

Modernization and Reform Act of2012, Section 333, Franco Cafiero 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, 91.15l(b), 91.405(a), 91 .407(a)(1),

91.409(a)(l) & (a)(2), and 91.417(a) & (b), and permit Leading Edge to operate the DJI

Phantom III UAS commercially for the purpose of conducting aerial video and photography

over certain areas of the United States.

Dated: February 2 6, 201 6

Respectfully submitted,

Franco Cafiero

35Franco Cafiero

3615 Gilmore Heights Rd N

Jacksonville, FL 3 2225

904

- 982

- 6504

Appendices :

A

- DJI Phantom III Specifications Data Sheet

B

- DJI Phantom III Manufacturer ’ s User Manual

C

- Monthly Mainte nance Log

36APPENDIX

- A

DJI PHANTOM III TECHNICAL SPECIFICATIONS

Franco Cafiero only utilizes safe and reliable UAS . DJI is an industry leader in small UAS

production. DJI UAS are loaded with ground breaking s oftware enabling the user to

set parameters which will not allow flight into controlled airspace. Parameters can also be

set to limit flight to no higher than a predetermined and set altitude as well as limit flight to

a predetermined and set distance. In addition, DJI software provides real

- time altitude and

location information to the PIC via the linked monitor (smart phone/tablet devices)

1.1 DJI Phantom III

1.1.1 Aircraft

1.1.1.1 Supported Battery

- DJI 5200mAH LiPo Battery

1.1.1.2 Weight (Batt ery & Propellers Included)

- 2lbs 11.810oz (1242g)

1.1.1.3 Hover Accuracy (Ready to Fly)

- Vertical: .8m; Horizontal: 2.5m

1.1.1.4 Max Yaw Angular Velocity

- 200°/s

1.1.1.5 Max Tilt Angel

- 35°

1.1.1.6 Max Ascent Speed

- 6m/s

1.1.1.7 Max Descent Speed

- 2m/ s

1.1.1.8 Max Flight Speed

- 15m/s (NOT RECOMMENDED)

1.1.2 Gimbal

1.1.2.1 Working Current

- Static: 750mA; Dynamic: 900mA

1.1.2.2 Control Accuracy

- ±0.03°

1.1.2.3 Controllable Range

- Pitch:

- 90°

- 0°

1.1.2.4 Maximum Angular Speed

- Pitch: 90°/s

1.1.3 Camera

1.1.3 .1 Operating Temperature Range

- 32°F

- 104 o F

1.1.3.2 Sensor Size

- 1/2.3"

1.1.3.3 Effective Pixels

- 14M

1.1.3.4 Resolution

- 4384x3288

4.1.3.5 HD Video Recording

- 1080p30 & 720p

4.1.3.6 Recording Field of View

- 110°/85°

1.1.4 Transmit ter

1.1.4.1 Operating Frequency

- 5.728GHz

- 5.85GHz 

## (o

o 

## c

- 40 o C)

1.1.4.2 Communication Distance (unobstructed)

- FCC Compliance: 800m

1.1.4.3 Receiver Sensitivity (1%PER)

- - 93dBm

1.1.4.4 Transmitter Power

- FCC Compliance: 100mW

1.1.4.5 Working Voltage

- 120mA@3.7V

1.1.5 Range Extender

1.1.5.1 Operating Frequency

- 2412

- 2462MHz

371.1.5.2 Communication Distance (unobstructed)

- 500

- 700m

1.1.5.3 Transmitter Power

- 20dBm

1.1.5.4 Power Consumption

- 2W

38