UNITED STATES OF AMERICA
DEPARTMENT OF TRANSPORTATION
F EDERAL AVIATION ADMINISTRATION WASHINGTON, DC

IN THE MATTER OF THE PETITION FOR EXEMPTION OF:

OUT THE BOX PRODUCTIONS FOR AN EXEMPTION SEEKING RELIEF FROM THE REQUIREMENTS OF

TITLE 14 OF THE CODE OF FEDERAL REGULATIONS SECTIONS 61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), AND 91.417(a) & (b) CONCERNING COMMERCIAL OPERATION OF DJI PHANTOM 2 VISION+ UNMANNED AIRCRAFT SYSTEMS PURSUANT TO SECTION 333 OF THE FAA MODERNIZATION AND REFORM ACT OF 2012 (PUBLIC LAW 112

- 95)

Submitted on May 11, 2015

Charles D. Thomas II Out The Box Productions 109 Hackberry Dr. Oak Leaf, TX 75154 Tel: (469)348

- 1345 Email: charles@outtheboxproduct ions.org2 TABLE 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 SECTION S OF 14 C. F.R. FROM WHICH SEEKS EXEMPTION.................................................................8
THE EXTE NT OF RELIEF OUT THE BOX PRODUCTIONS SEEKS AND THE REASON OUT THE BOX PRODUCTIONS SEEKS THE RELIEF.........................11

THE REASONS WH Y GRANTING OUT THE BOX PRODUCTIONS REQUEST WOULD BE IN THE PUBLIC INTEREST .........................................................15

THE REASONS WHY GRANTING THE EXEMPTION WOULD NOT ADVERSELY AFFECT SAFETY................................................... .......................19

SUMMARY THAT CAN BE PUBLISHED IN THE FEDERAL REGISTER......34

ANY ADDITIONAL INFORMATION, VIEWS, OR ARGUMENTS AVAILABLE TO SUPPORT OUT THE BOX PRODUCTIONS REQUEST.........34

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

APPENDICES........................................................................................37 GLOSSARY OF ABBREVIATIONS AGL Above Ground Level

AOI Area of Interest

ATC Air Traffic Control

ATO A ir Traffic Organization3

AV Aerial Vehicle

CFR Code of Federal Regulations

COA Certificate of Authorization

FAA Federal Aviation Administration

FAR Federal Aviation Regulation

GCS Ground Control Station

GPS Global Positioning System

LOL Loss of Link

NAS National Airspace System

NOTAM Notice to Airman

PIC Pilot In Command

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

SO Sa fety Observer

SOP Standard Operating Procedures

UA Unmanned Aircraft

UAS Unmanned Aircraft System

VFR Visual Flight Rules

VLOS Visual Line of Site

VMC Visual Meteorological Conditions

VTOL Vertical Takeoff and Landing

SUMMARY

Charles D. Thomas II 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 of4

the FAA Modernization and Reform Act of 2012 (FMRA). This exemption will permit Out

T he Box P roductions to operate an Unmanned Aircraft System (UAS) for the commercial

purpose of conducting aerial video and photog raphy of construction sites, real estate,

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

INTRODUCTION AND INTERESTS OF THE PETITIONER

Out The Box Productions provides its clients with the highest quality digital conten t

for use in their commercial, personal, and non

- profit multimedia projects. Out The Box

Productions has established itself as a technological innovator in experiential multimedia

and is recognized as a leader in providing a quality product. Out The Box Pr oductions has

over 4 years recreational/hobby experience in all aspects of aerial video and photography.

The objective of Out The Box Productions aerial video and photography operations is to

provide high quality imaging for a variety of commercial, public , and residential uses,

specifically targeting:

• Aerial event photography

• Aerial event filming

• Film production

• Aerial location scouting and safety inspection

• Increase public knowledge of UAS and promote safe UAS operations.

BACKGROUND

Unmanned Aircra ft Systems: DJI Phantom 3 Professional UAS

Out The Box Productions seeks an exemption to operate DJI systems for

compensation or hire w ithin the NAS. The DJI Phantom 3 Professional is a vertical takeoff

and landing (VTOL) Unmanned Aircraft (UA) with a Gro und Control Station (GCS)

utilizing electronic tablet or smart phone systems. The DJI Phantom 3 Professional has a5

maximum gross wei ght of approximately 2 pounds 8 ounces, while having a length of 16

inches width of 16 inches, height of 8 inches, and a max imum speed of approxi mately 16

m/s (ATTI mode, no wind) knots.

The DJI Phantom 3 Professional UA is equipped with four main rotors; driven by Lithium

Polymer battery powered electric motors.

The DJI Phantom 3 Professional UA that will be operated by O ut The Box

Productions 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, Out The Box Productions , 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 UAS

in the National Airspace System (NAS), and for an exemption from the requirements of 14

C.F.R §§ 61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407( a)(1),

91.409(a)(1) & (a)(2), and 91.417(a) & (b).

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

with the unmanned aircraft and its operation, Out The Box Productions op eration of DJI

Phantom 3 Professional UAS meets the conditions of FMRA Section 333 and therefore,

will not require an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart

H.6 Accordingly, Out The Box Productions 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 apply to aircraft with an airworthiness certificate.

Out The Box Productions submits that the requested relief is proper since an

equivalent level of safety wil l be ensured. Out The Box Productions 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 (i.e.,

Monthl y Maintenance Log, and DJI Phantom 3 Professional Instruction Manual). Furthermore,

Out The Box Productions will document and maintain all maintenance records for the DJI

Phantom 3 Professional UAS.

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

privileges and limitations: Pilot in command , is requested by Out The Box Productions to

the extent necessary to allow a Pilot in Command (PIC) holding a private pilot or higher

level certificate, as well as an airman medic al certificate, and who has demonstrated, by

meeting minimum flight

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

operate the DJI Phantom 3 Professional UAS in a manner consistent with this exemption,

including evasive and emergency maneu vers and maintaining appropriate distances from

people, vessels, vehicles and structures.

Out The Box Productions seeks relief from Section 91.7(a), entitled Civil aircraft

airworthiness , because the DJI Phantom 3 Professional UAS do not require an

airwo rthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H. As such, Out

The Box Productions submits that it will ensure that the DJI Phantom 3 Professional UAS

are in an airworthy condition, prior to every flight, by determining that the UASs ar e in7

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

Phantom 3 Professional

Instruction Manual), and that the aircraft are in a condition for safe flight.

Out The Box Productions also seeks an exemption from the requiremen ts of Section

91.121, entitled Altimeter Settings , as the DJI Phantom 3 Professional UA will not have a

typical barometric altimeter onboard. However, altitude information of the DJI Phantom 3

Professional UA will be provided to the PIC via Global Position ing System (GPS)

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

the GCS for active monitoring of the flight path. This altitude information, combined with

Out The Box Productions operation of the DJI Phantom 3 Profes sional UAS within visual

line of sight, at or below 500 feet AGL, will ensure a level of safety equivalent to Section

91.121.

Additionally, Out The Box Productions seeks an exemption from the requirements of Section 91.151(b), entitled Fuel requirements for flight in VFR conditions

. Out The Box Productions submits that safety will not be affected by operation of the DJI Phantom 2 Vision+ UA 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 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, Out The Box Productions provide s 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: Charles D. Thomas II Out The Box Productions 109 Hackberry Oak Leaf, TX 75154
T el: (469) 348

- 1345 Email: charles@outtheboxproductions.org8

B. The Specific Sections Of 14 C.F.R. From Which Out The Box Productions Seeks Exemption.

1. Out The Box Productions 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 carry ing 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) Th e flight is only incidental to that business or employment; and

(2) The aircraft does not carry passengers or property for compensation or hire.

2. Out The Box Productions Seeks Exemption From The Requirements Of Section 91.7(a).

Section 91.7, entitled Civ il aircraft airworthiness , subsection (a), states the

following:

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

3. Out The Box Productions 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;9 (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. Out The Box Productions E xemption 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 (cons idering 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. Out The Box Productions 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 in spections, except as provided in paragraph (c) of this section, have discrepancies repaired as prescribed in part 43 of this chapter[.]

6. Out The Box Productions From The Requirements Of Section 91.407(a)(1)

Section 91.407, entitled Operation after mainte nance, 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 approve d for return to service by a person authorized under § 43.7 of this chapter[.]

7. Out The Box Productions 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 fo llowing:10 (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 fo r 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. Out The Box Productions 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 airc raft (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 inspe ction 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.11 (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 Out The Box Productions Seeks And The Reason Out The Box Productions Seeks The Relief.

1. Extent Of Relief Out The Box Productions Seeks And The Reason Out The Box Productions 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.12 As set forth more fully b elow, Out The Box Productions submits that an equivalent

level of safety will be maintained because no PIC will be allowed to operate the DJI

Phantom 3 Professional UAS UA 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 UAS in a manner consistent with the operations specifications as described in

this exemption, including evasive and emergency maneuvers, as well as maintaining

appropriate distan ces from people, vessels, vehicles and structures.

Further, Out The Box Productions submits that all flights of the DJI Phantom 3 Professional UAS, conducted by the PIC pursuant to the grant of this Petition: (1) will be incidental to Out The Box Producti ons business; and (2) will not carry passengers or property for compensation or hire.

2. Extent Of Relief Out The Box Productions Seeks And The Out The Box Productions Seeks Relief From Section 91.7(a).

Relief from Section 91.7(a) entitled Civil airc raft airworthiness , is requested to the

extent required to allow Out The Box Productions to determine that the DJI Phantom 3

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

is in compliance with the operating docu ments (i.e., the Out The Box Productions Aerial

Operations Manual, Monthly Maintenance Log, and DJI Phantom 3 Professional

Instruction Manual).

Out The Box Productions seeks the requested relief because the DJI Phantom 2 Vision+

UAS do not require an ai rworthiness certificate in accordance with 14 C.F.R. Part 21,

Subpart H. Therefore, Out The Box Productions will ensure that the DJI Phantom 3 Professional UAS are in airworthy condition based upon its compliance with the operating documents (i.e., Monthl y Maintenance Log, and DJI Phantom 3 Professional 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 Out The Box Product ions Seeks And The Reason Out The Box Productions Seeks Relief From Section 91.121.13 Relief from Section 91.121, entitled Altimeter settings, may be required to allow

flight operations of the DJI Phantom 3 Professional UAS, which utilize a barometric

pr essure 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

repo rted to air traffic control (ATC) in feet above ground level (AGL), Out The Box

Productions seeks the requested relief because the DJI Phantom 3 Professional UA’s

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

pressur e 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 for th herein, an equivalent level of safety will

be maintained since the DJI Phantom 3 Professional UAs are equipped with a barometric

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

pressure setting will be established prio r 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 Out The Box Productions Seeks And The Out The Box Productions 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 UAs during daylight hours in visual meteorological conditions

(VMC), under visual flight rules (VFR), for a total duration of 13.5 minutes to the first

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

4.5 minutes. Out The Box Productions seeks the requested relief because without an14

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

Phantom 3 Professional UA will severely constrain the practicality of any aerial video or

still photo flight operations that Out The Box Productions proposes to conduct pursuant to

this Petiti on.

Significantly, as set forth below, the technical specifications of the DJI Phantom 3 Professional UAS, the DJI Phantom 3 Professional operating documents, and Out The Box Productions proposed operating limitations, ensure that Out The Box Productions will safely operate the battery powered DJI Phantom 3 Professional UAs during daylight hours in visual meteorological conditions (VMC), under visual flight rules (VFR), with enough battery power to fly for a total duration of 13.5 minutes to the first poi nt of intended landing and, assuming normal cruising speed, to fly after that for at least 4.5 minutes.

5. Extent Of Relief Out The Box Productions Seeks And The Reason Out The Box Productions 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, Out The Box Productions requests

relief from these Sections because the DJI Phan tom 3 Professional UAS does not require

airworthiness certificates. As set forth more fully below, the DJI Phantom 3 Professional

UAS meets the conditions of FMRA Section 333 for operation without an airworthiness

certificate. Accordingly, Out The Box Prod uctions will use trained technicians to perform

maintenance, alterations, or preventive maintenance on the UASs using the methods,

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

Box Productions Aerial Operations Manu al, Monthly Maintenance Log, and DJI Phantom

3 Professional Instruction Manual). Furthermore, Narrate Studios will document and

maintain all maintenance records for the DJI Phantom 3 Professional UAS.

D. The Reasons Why Granting Out The Box Productions R equest Would Be In The Public Interest; That Is, How It Would Benefit The Public As A Whole.15 Granting the present Petition will further the public interest by allowing Out The

Box Productions to safely, efficiently, and economically perform aerial vide o and

photography of special events, film sets, and landscape over certain areas of the United

States. Additionally, use of the DJI Phantom 3 Professional UAS will decrease congestion

of the NAS, reduce pollution, and provide significant benefits to the ec onomy. Notably, the

benefits of Out The Box Productions proposed operation of the DJI Phantom 3

Professional UAS will be realized without implicating any privacy issues.

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

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

efficient, 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 exempti on allowing the use of a DJI Phantom 3 Professional UAS would

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

increase the safety of life and property in the air and on the ground.

Furthermore, by reducing the number of manned aircraft operating in the NAS,

congestion around airports caused by arriving and departing aircraft will be reduced. The

DJI Phantom 3 Professional UA do not require an airport to takeoff or land. Likewise, a

reduction of manned aircraft c onducting aerial video and photography missions would

result in fewer aircraft that must be handled by air traffic control during the ground,

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

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

Conducting aerial acquisitions with the DJI Phantom 3 Professional UAS, instead

of manned aircraft, will greatly benefit the public by drastically reducing the levels of air16

and noise pollution generat ed during traditional aerial video and still photography flight

operations. By using battery power and electric motors, the DJI Phantom 3 Professional

UAS produce no air pollution, and is the most viable environmentally conscious alternative

to the cabin c lass, 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 UA, while reducing the carbon

fo otprint 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 3 Professional UAS to perform aerial acquisitions, the

subst antial 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

completely eliminated. Aside from the lack of flight crew members located onboar d the

aircraft, the DJI Phantom 3 Professional UA (weighing approximately 2 pounds 11 ounces

and 6 pounds 7.5 ounces respectively, at their maximum gross weights with lengths of 16

inches and 17.3 inches respectively, widths of 16 inches and 17.7 inches re spectively, 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 wit h 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 UAS Will Benefit The Economy.

In addition to being safe and effici ent, the DJI Phantom 2 Vision+ is also an

economical alternative to using manned aircraft to conduct similar aerial operations. As

such, operation of the DJI Phantom 3 Professional UAS will allow United States based17

companies, like Out The Box Productions

, to remain competitive and contribute to growth

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

Environmental Protection Agency (“EPA”) regulatory actions phasing out leaded aviation

fuels, U.S. owned and operated companies must adopt new and alternative technology in

order to remain competitive. Operating the battery powered DJI Phantom 3 Professional

UAS is one such technology that not only allows companies greater operational flexibility

compared to manned aircraft, but p rovides such flexibility without the high operational

cost of a traditional manned aircraft.

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

Box Productions , 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 UAS, provides a stable workforce that i ncreases consumer

spending; improves local, state, and federal tax revenues; and allows companies to invest

in research and development in order to remain competitive both in the United States and

abroad.

4. There Are No Privacy Issues.

Similar to the manned aerial acquisition flight operations that have been conducted for

decades, Out The Box Productions proposed operation of the DJI Phantom 3 Professional

UAS will not implicate any privacy issues. Specifically, the DJI Phantom 3 Professional

UAS will be operated only in compliance with operating documents (i.e., the Out The Box

Productions Aerial Operations Manual, Monthly Maintenance Log, and DJI Phantom 3

Professional Instruction Manual) which requires property owner involvement as well as18

local law enforcement notification, and in accordance with the Federal Aviation

Regulations, including the minimum altitude requirements of 14 C.F.R. § 91.119.

E. The Reasons Why Granting The Exemption Would Not Adversely Affect Safety, Or How The Exemption Would Provide A Level Of Safety At Least Equal To That Provided By The Rule From Which Out The Box Productions Seeks Exemption.

1. Reasons Why The DJI Phantom 3 Professional UA Meet The Conditions Of The FAA Modernization and Reform Act of 2012 (FMRA) Sectio n 333.

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

with the unmanned aircraft and its operation, Out The Box Productions operation of the

DJI Phantom 3 Professional UAS meet the conditions of FMRA Section 333, and will not

require an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H.

Section 333 provides authority for a UAS to operate without airworthiness

certification and sets forth requirements for considering whether 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.

-- Notwithstanding any other requirement of this subtitle, and not later than 180 days af

ter the date of enactment of this Act, the Secretary of Transportation shall determine if certain unmanned aircraft systems may operate safely in the national airspace system before completion of the plan and rulemaking required by section 332 of this Act or the guidance required by section 334 of this Act.

(b) Assessment of Unmanned Aircraft Systems.

-- In making the determination under subsection (a), the Secretary shall determine, at a minimum

--
(1) which types of unmanned aircraft systems, if any, as a result of their size, 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).19 (c) R equirements for Safe Operation.

-- If the Secretary determines under this section that certain unmanned aircraft systems may operate safely in the national airspace system, the Secretary shall establish requirements for the safe operation of such aircraft sy stems in the national airspace system.

In seeking this exemption, Out The Box Productions submits that the DJI Phantom 3 Professional UAS can operate safely in the NAS pursuant to FMRA Section 333, as demonstrated by: (a) the characteristics of the DJI Phantom 3 Professional UAS; (b) the pilot certification requirement; and (c) the specific operating limitations.

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

The DJI Phantom 3 Professional UAS 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 UAS.

The technical spe cifications of the DJI Phantom 3 Professional UAS is set forth by the

DJI Phantom 3 Professional Specifications and Data Sheet, attached hereto as Exhibit A.

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

The DJI Phantom 3 Professional UAS may be operated in both manual and fully

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

the DJI Phantom 3 Professional UAS is provided at pages 25

- 35 of the DJI Phantom 3

Professional User Manual, attached hereto as Exhibit B.

iii. The DJI Phantom 3 Professional UAS Are Designed For Automatic Return To Home Point Or Hover In The Event Of Loss Of The Control Link Or Navigation.

When the Con trol Link is lost, the DJI Phantom 3 Professional UA will remain

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

Professional UA does not reacquire control link data from the GCS, the UA will assume20

that the Control Lin k is lost and the UA 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 2 Vision+

UAS are set forth at pages 27 throu gh 29 of the DJI Phantom 3 Professional User Manual,

attached hereto as B.

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

A complete description of the operation and specifications of the DJI Phantom 3 Professional GCS and flight control so ftware is provided at pages 32 through 43 of the DJI Phantom 3 Professional User Manual. DJI Phantom 3 Professional User Manual is attached hereto as Exhibit B.

b. Flight Operations Of DJI Phantom 3 Professional UAS Are Limited To The Line Of Sight Of A Cert ificated Pilot in Command With A Safety Observer.

Out The Box Productions 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 UAS. Additio nally, a safety observer will assist all pilots during flight time.

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

In seeking this exemption, proposes to commercially operate DJI Phantom 3

Prof essional UAS 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 followin g 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 20 knots.21 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 approved by ATC. All altitudes reported to ATC must be in feet AGL.

5. The UAs must be ope rated 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 a ble 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 ground based obstacles/obstructions and is not permitte d 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 limitatio ns 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

ou tlined 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 pr esent updated and revised documents if it petitions for extension or amendment to the grant of exemption. If the operator determines that any update or revision would affect the basis upon which the FAA granted the exemption, then the operator must petitio n 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. Prior to each flight the PIC must inspect the UAS to ensure that it is i n a condition for safe flight. If the inspection reveals a condition that affects the22 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 affect the UAS operation o r 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 com ponent 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 le ast 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 wil l 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 flight23 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 office closest to proposed area of operations. Flights under special vis ual 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, a nd 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 belo w 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 pre

determined location within the planned operating area and land or be recovered in accordance with the operating documents.

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

24. The PIC is prohibited from beginning a flight unless (c onsidering 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. The operator must obtain an Air Traffic Organization (ATO) issued Cer tificate 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 operation. 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.

26. All aircraft operated in accordance with the exemption m ust be identified by serial number, registered in accordance with 14 C.F.R. part 47, and have24 identification (N

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

27. Before conducting operations, t he 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.

28. The documents required fewer than 14 C.F.R. 91.9 and 91.203 must be available to the PIC at the Ground Control Station 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.

29. The UA must remain clear and yield the right of way to all manned aviation operations and activities at all times.

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

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

a. Barriers or structures are present that sufficiently protect nonparticipating persons from the UA and/or debris in the event of an accident. The operato r 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 immediately and/or;

b. The aircraft is o perated 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 wi th 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.25 33. Any incident, accident, or flight operation that transgresse s 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 Transportation Safety Board (NTSB) per i nstructions contained on the NTSB Web site: www.ntsb.gov

.

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

Out The Box Productions submits that the equivalent level of safety establis hed by

Section 61.113(a) and (b) will be maintained because no PIC will be allowed to operate the

DJI Phantom 3 Professional UAS unless that PIC has demonstrated, by meeting minimum

flight

- hour and currency requirements, that the PIC is able to safely ope rate the DJI

Phantom 3 Professional UAS in a manner consistent with the exemption, including evasive

and emergency maneuvers and maintaining appropriate distances from people, vessels,

vehicles and structures.

Considering Out The Box Productions proposed area of operations, and the

operating limitations set forth

- above; the parallel nature of private pilot aeronautical

knowledge requirements to those of commercial pilot requirements (See Exemption No.

11062); and the airmanship skills necessary to safely operate the DJI Phantom 3

Professional UAS, Out The Box Productions submits that the additional manned

airmanship experience of a commercially certificated pilot would not correlate to the

airmanship skills necessary for Out The Box Productions specific pr oposed flight

operations.

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

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

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

11136, 11138, 11150, 11153, 11156, 11158, 11159, 11160, 11161).26 Out The Box Productions will not allow any PIC to operate the DJI Phantom 3

Professional UAS unless that PIC has demonstrated, by meeting minimum flight

- hour

requ irements or the DJI Phantom 2 Vision+ UAS training and currency requirements, that

the PIC is able to safely operate the DJI Phantom 3 Professional UAS in a manner

consistent with this exemption, including evasive and emergency maneuvers and

maintaining ap propriate distances from people, vessels, vehicles and structures.

Specifically, the PIC must have accumulated and logged, in a manner consistent

with 14 C.F.R. § 61.51(b), 25 hours of total time as a UAS rotorcraft pilot (with a

minimum of 5 hours of th ose hours as a UAS pilot operating the same make and model of

UAS to be used for operations under the exemption). In addition to the hour requirements,

the PIC must accomplish 3 takeoffs and landings in the preceding 90 days (for currency

purposes).

As i n Exemption Nos. 11062, 11138, and 11153, prior documented flight

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

equivalent level of safety during Out The Box Productions proposed operations. The

Administrator has hel d that prior documented flight experience that was obtained in

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

In Exemption 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. Prio r 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 and 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 requ irements, 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 requirements27 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, and experience

- building flights the PIC is required to operate the UA with appropriate distances in accordance with 14 C.F.R 91.119.

Exemption No. 11138 at page 15.

Accordingly, Out The Box Productions will ensure safe operations by not allowing

any PIC to operate the DJI Phantom 3 Professional UAS unless that PIC has demonstrated,

by meeting minimum flight

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

operate the

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

vessels, vehicles and structures.

3. 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, Out The Box Productions will ensure that the DJI Phantom 3

Professional UAS is in an airworthy condition based upon the UAS’s compliance with its

operating documents and as stated in the conditions and limitations herein.

Additionally, the FAA has previously granted relief from Sect ion 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, 1 1160, 11161).

4. Reasons Why An Exemption From The Requirements Of Section 91.121 Would Not Adversely Affect Safety.28 The equivalent level of safety established by Section 91.121 will be maintained

because the altitude information of the DJI Phantom 3 Professional UA 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 Out The Box Produc tions operation of the DJI

Phantom 3 Professional UA 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. P rior to each flight, a zero

altitude initiation point is automatically established by the UASs 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 presen ted herein (e.g. Exemption

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

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

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

A grant of this exemption would ensure an equivalent level of safety established by

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

Phantom 3 Professional UAs; (2) the limitations on the proposed flight operations; and (3)

the location of the proposed flight operations. Accordingly, Narrate Studios will ensure that

it will safely operate the battery powered DJI Phantom 3 Professional UA 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.29 Here, as in Exemption No. 11109, the technical specifications of the DJI Phantom 3

Professional UAS; t he limitations on the proposed flight operations; and the location of the

proposed operations, will ensure an equivalent level of safety established by 14 C.F.R.

Section 91.151(b). Furthermore, safety will be ensured as the DJI Phantom 3 Professional

UAS provid e audible and visual warnings to the PIC at the GCS when the UAs experiences

low battery voltage, the first warning occurring at approximately 33% remaining battery

power, and again at approximately 10% remaining battery power. At the critically low

batter y level, the DJI Phantom 3 Professional UAS will descend and land automatically.

Significantly, previous exemptions granted by the FAA concerning Section 91.151

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

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

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

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

from Section 91.151 specific to UAS, in circumstances similar, in all material respects, to

those presented herein (e.g. Exemption Nos. 8811, 10808, 10673, 11042, 11062, 11063,

11064, 11065, 11066, 11067, 11080, 11109, 11110, 11136, 11138, 11150, 11153, 11156,

11157, 11158, 11159, 11160, 11161).

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

In seeking this exemption, Out The Box Productions submi ts that the equivalent

level of safety with regard to the regulatory maintenance and alteration requirements

established by Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b)

will be met because Out The Box Productions will use tr ained technicians to perform

maintenance, alterations, or preventive maintenance on the UAS using the methods,30

techniques, and practices prescribed in the operating documents (i.e., the Out The Box

Productions Aerial Operations Manual, Monthly Maintenance Log, and DJI Phantom 3

Professional Instruction Manual). Furthermore, Out The Box Productions will document

and maintain all maintenance records for the DJI Phantom 3 Professional UAS.

Since the DJI Phantom 3 Pr ofessional UAS will be inspected as prescribed by the

oper ating documents, Out The Box Productions will maintain the equivalent level of safety

established by Sections 91.405(a), 91.409(a)(1), and 91.409(a)(2). A copy of the DJI

Phantom 3 Professional User Manuals are attached hereto as Exhibit B; a copy of the DJI

Ph antom 3 Professional UAS Maintenance LOG is attached hereto as Exhibit C.

Likewise, the exemption sought will not adversely affect safety because Out The Box Productions will use trained technicians to perform maintenance, alterations or preventive maintenanc e on the UAS using the methods, techniques, and practices prescribed by the operating documents.

Furthermore, the exemption sought would maintain an equivalent level of safety

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

DJI Phantom 3 Professional UAS will be performed by trained technicians. Maintenance

will be documented and maintained utilizing the monthly maintenance log.

Significantly, previous exemptions granted by the FAA concerning Sections

91.405(a), 91.40 7(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b) establish that safety is

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

UAS are considered.

In consideration of Out The Box Productions proposed operating li mitations, the

operating documents, and the technical aspects of the DJI Phantom 3 Professional UAS,

Out The Box Productions 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), and31

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

similar, in all material respects, to those presented herein (e.g. Exemption Nos. 11062,

11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110, 11112, 11136, 11138, 11150,

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

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

In accordance with Section 333 of the FAA Modernization and Reform Act of 2012

(FMRA) and 14 C.F.R. § 21.16 entit led Special Conditions, Out The Box Productions

requests that the FAA prescribe special conditions for the intended operation of the DJI

Phantom 3 Professional UAS, which contain such safety standards that the Administrator

finds necessary to establish a level of safety equivalent to that established by 14 C.F.R. Part

21, Subpart H, and 14 C.F.R §§ 61.113(a) & (b), 91.7 (a), 91.121, 91.151(b), 91.405(a),

91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b). Such special conditions will

permit safe operation of the UAs for the limited purpose of conducting aerial video and

photography over certain areas of the United States for compensation or hire. FMRA

Section 333 sets forth the requirements for considering whether a UAS will create a hazard

to users of the NAS or the public, or otherwise pose a threat to national security; and

further, provides the authority for such UAS to operate without airworthiness certification

in accordance with any requirements that must be established for the safe operation of the

U AS 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 UAS, since the airworthiness

regulations of 14 C.F.R. Part 21 do not contain adequate or appropriate saf ety standards,

due to the novel or unusual design features of the aircraft. Section 21.16, entitled Special

Conditions, states the following:32 If the FAA finds that the airworthiness regulations of this subchapter do not contain adequate or appropriate sa fety 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 is sued 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 Leading Edge’s intended operation of the DJI

Phantom 3 Professional UAS, which contain such safety standards that the Administrator

find s necessary to establish a level of safety equivalent to that established by 14 C.F.R. Part

21, Subpart H, and 14 C.F.R Sections 61.113(a) & (b), 91.7(a), 91.121, 91.151(b),

91.405(a),

91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b).

F. A Summary T hat Can Be Published In The Federal Register, stating: The Rules From Which Out The Box Productions Seeks Exemption:

Out The Box Productions 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 Out The Box Productions Seeks:

This exemption will permit Narrate Studios LLC to commercially operate an Unmanned Aircraft System (UAS) f or 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 Out The Box Productions Request.

This Petition is made pursuant to the FAA Moder nization and Reform Act of 2012

(FMRA) Section 333, which directs the Secretary of Transportation to determine if certain33

UAS may operate safely in the NAS. As such, Out The Box Productions 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, Out The Box Productions will operate the DJI

Phantom 3 Professional UASs 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, Out The Box Productions 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 s afe operation of the DJI Phantom 3 Professional 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 fulfilling the Congressional mandate of the FAA Modernization and

Reform Act of 2012, while also advancing the interests of the public, by allowing Out The Box Productions to safely, efficiently, and economically operate the DJI Phantom 3 Professional UAS commercially within the NAS.

WHEREFORE , in accordance with the Federal Aviation Regulations and the FAA

Modernization and Reform Act of 2012, Section 333, Out The Box Productions

respectfully requests that the Administrator grant this Petition for a n 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),34

91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b), and permit Leading Edge to

operate the DJI Phantom 3 Professional UAS commercially for the p urpose of conducting

aerial video and photography over certain areas of the United States.

Dated: March 31, 2015

Respectfully submitted,

Andrew Fischer

_________________________

A ndrew W. Fischer
Narrate Studios LLC 211 North 1st Street #240 Minneapolis, MN 55401 Tel: (320)491

- 7280 Email: awfisch@gmail.com Appendices :

A

– DJI Phantom 3 Professional Specifications Data Sheet
B

– DJI Phantom 3 Professional Manufacturer’s User Manual
C

– M onthly Maintenance Log

APPENDIX

– A

DJI PHANTOM 3 Professional TECHNICAL SPECIFICATIONS

Out The Box Productions only utilizes safe and reliable UASs. DJI is an industry leader in small UAS production. DJI UASs are loaded with ground breaking software enab ling 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, DJ I software provides real

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

1.1 DJI Phantom 3 Professional

Aircraft Weight (Including Battery And Propellers) 1280 g Diagonal Size (Including Propellers)35 5 90 mm Max Ascent Speed 5 m/s Max Descent Speed 3 m/s Hover Accuracy

 Vertical: +/

- 10cm

 Horizontal: +/

- 1m Max Speed 16 m/s (ATTI mode, no wind) Max Altitude Above Sea Level 6000 m Operating Temperature 0°C to 40°C GPS Mode GPS/GLONASS

Camera Sensor Sony E XMOR 1/2.3” Effective pixels: 12.4 M (total pixels: 12.76 M) Lens FOV 94° 20 mm (35 mm format equivalent) f/2.8, focus at ∞ ISO Range 100

- 3200 (video) 100

- 1600 (photo) Shutter Speed 8s

- 1/8000s Image Max Size 4000 x 3000 Still Photography Modes

 Single Shot

 Burst Shooting: 3/5/7 shots

 Auto Exposure Bracketing (AEB): 3/5

 B racketed Frames at 0.7EV Bias

 Time

- lapse Video Recording Modes Phantom 3 Professional

 UHD: 4096x2160p 24/25, 3840x2160p 24/25/30

 FHD: 1920x1080p 24/25/30/48/50/60

 HD: 1280x720p 24/25/30/48/50/60 Supported SD Card Types Micro SD Max capacity: 64 GB. Class 1 0 or UHS

- 1 rating required Max Bitrate Of Video Storage Phantom 3 Professional 60 Mbps Supported File Formats36  FAT32/exFAT

 Photo: JPEG, DNG

 Video: MP4, MOV (MPEG

- 4 AVC/H.264) Operating Temperature 0°C to 40°C

Gimbal Controllable Range Pitch

- 90° to +30° St abilization 3

- axis (pitch, roll, yaw)

Vision Positioning Max Velocity Less than 8 m/s (when 2 m above ground) Altitude Range 30 cm

- 300 cm Operating Range 30 cm

- 300 cm Operating Environment Surface with clear pattern and adequate lighting (Lux > 15)

Remot e Controller Operating Frequency 2.400 GHz

- 2.483 GHz Max Distance 2000m (outdoors and unobstructed) Video Output Port USB Operating Temperature 0°C

- 40°C Battery 6000 mAh LiPo 2S Mobile Device Holder For tablet or phone Receiver Sensitivity (1%PER)

- 101 dB m ±2 dBm Transmitter Power (EIRP)

 FCC: 20 dBm

 CE: 16 dBm Working Voltage

- 1.2 A @7.4 V

Battery Charger Voltage 17.4 V Rated Power Phantom 3 Professional

 100 W37

Intelligent Flight Battery Capacity 4480 mAh Voltage 15.2 V Battery Type LiPo 4S Energy 68 Wh N et Weight 365 g Max Flight Time Approximately 23 minutes Operating Temperature

- 10°C to 40°C Max Charging Power 100 W

APPENDIX

– C

MONTHLY$MAINTENANCE$LOG
month:_________(year:________38 UAS$#:$___________ Date(Issue(
Discovered Date(Iss ue(

Addressed Issue(Description(&(Maintenance(Conducted Maintenance(Performed(By:((( Print(&(Sign

Software(Updates

Airframe(

Engines

Propellers

Camera(Gimbal

Landing(Gear

Vibration(Dampening

Other:

Charles D. Thomas II Out The Box Productions 109 Hackberry Dr. Oak Leaf, TX 75154 Tel: (469) 348

- 1345 Email:charles@outtheboxproductions.

org