1 February, 15 2016

Attn:
U. S. Department of Transportation Docket Operations West Building Ground Floor, Room w12

- 140 1200 New Jersey Ave, SE Washington, DC 20590

RE: NATIVE SOUTH FILMS REQUEST AN EXEMPTION FROM THE REQUIREMENTS
OF TITLE 14 OF THE C O DE 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 3 and DJI Inspire 1
UNMANNED AIRCRAFT SYSTEMS PURSUANT TO SE CTION 333 OF THE FAA MODERNIZATION AND REFORM ACT OF 2012 (PUBLIC LAW 112

- 95)

Alec Cantley
Founder/Owner
Native South Films 10 Hillview Road, Asheville, NC 28805
828.989.4487 alec.cantley@gmail.com2 **TABLE OF CONTENTS**

GLOSSARY OF ABBREVIATION S................................................................................... 3

SUMMARY......................................................................................................................

..... 4

INTRODUCTION AND INTERESTS OF PE TITIONER.................................................... 4

BACKGROUND...................................................................................................................

. 4

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

............................................................... 5

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

............ ...................................... 6

THE SPECIFIC SECTIONS OF 14 C.F.R. FROM WHICH NATIVE SOUTH FILMS SEEKS

EX EMPTION

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

THE EXTENT OF RELIEF NATIVE SOUTH FILMS SEEKS AND THE REASON T HE

NATIVE SOUTH FILMS SEEKS THE R ELIEF...................

................... ......... ... .... . . . .. ... 1 0

THE REASONS WHY GRANTING NATIVE SOUTH FILM ’S REQUEST WOULD BE IN

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

............ .................. .......................... . 1 2

THE REASONS WHY GRANTING THE EXEMPTION TO NATIVE SOUTH FILMS

W OULD NOT ADVE RSELY AFFECT SAFETY..........................................

................ .... 1 4

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

.......... .. . .. 26

ANY ADDITIONAL INFORMATION, VIEWS, OR ARGUMENTS A VAILABLE TO

SUPPORT NATIVE SOUTH FILM’S R EQUEST...

.......................................... . . ... 26

CONCLUSION............................................................................................................

. ........ 2 6

APPENDICES...............................................................

. ......................... 273 **GLOSSARY OF ABBREVIATIONS** 

AGL Above Ground Level

AOI Area of Interest

ATC Air Traffic Control

ATO Air Traffic Organization

AV Aerial Vehicle

CFR Code of Federal Regulations

COA Certificate of Authorization

FAA Federal Aviation Administrati on 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 Modernizatio n and Reform Act of 2 012 (FMRA)

SO Safety 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 Landi ng4 **SUMMARY**

NATIVE SOUTH FILMS seeks exemption from the requirements of 14 C.F.R §§ 61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b), to operate an Unmanned Aircraft System ( DJI Phan tom 3 and DJI Inspire 1 ) pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (FMRA). This exemption will permit NATIVE SOUTH FILMS to operate an Unmanned Aircraft System (UAS) for the commercial purpose of conducting aerial video and ph otography of residential and commercial real estate, civil landscape s and events over certain areas of the United States.

**INTRODUCTION AND INTERESTS OF THE PETITIONER**

NATIVE SOUTH FILMS has provided their clients ( which include private sector businesses and

non

- profits ) with expertise and knowledge in video and multi media marketing

, advertising

, public relations and training using advanced technologies and solutions. NATIVE SOUTH

FILMS has worked on various projects in all type s of location s with a perfec t client and employee safety record . The objective of NATIVE SOUTH FILMS and our Unmanned Aircraft System ( DJI Phantom 3 and DJI Inspire 1 ) aerial operations is to provide a more affordable

, high

- quality production system for a variety of governmental, com mercial, public, and residential uses, specifically targeting

• Real

- estate marketing

• Economic development

• Civic landmarks

• Special event coverage

My staff has safely flown small RC electric quadcopters recreationally for approximately 2 years without incide nt.

**BACKGROUND**

Unmanned Aircraft Systems: DJI Phantom 3 UAS and DJI Inspire 1 UAS

NATIVE SOUTH FILMS seeks an exemption to operate DJI Phantom 3 and DJI Inspire 1
system for compensation or hire within the NAS. The DJI Phantom 3 is vertical takeoff and landing (VTOL) Unmanned Aircraft (UA) with a Ground Control Station (GCS) utilizing electronic tablet or smart phone systems. The DJI Phantom 3 has a maximum gross weight of approximately 2.8 lb. while having a diagonal dimension of 23.2” , a maximum speed of approximately 16.4’fps and a maximum flying height of 400'

. The DJI Phantom 3 is equipped with four main rotors; driven by Lithium Polymer battery powered electric motors. The DJI Inspire 1 is vertical takeoff and landing (VTOL) Unmanned Aircraft (UA) w ith a Ground5 Control Station (GCS) utilizing electronic tablet or smart phone systems. The DJI Inspire 1 has a maximum gross weight of approximately 6.5 lb. while having a diagonal dimension of 25.1 ”, a maximum speed of approximately 22 m/s a nd a default m aximum flying height of 393 '. The DJI Inspire 1 is equipped with four main rotors

.

The DJI Phantom 3 and DJI Inspire 1 that will be operated by NATIVE SOUTH FILMS will be registered in accordance with 49 U.S.C. 44103, Registration of Aircraft , as well as 1 4 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, NATIVE SOUTH FILMS , 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 & DJI Inspire 1

, 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 ar ea associated with the unmanned aircraft and its operation, NATIVE SOUTH FILMS operation of the DJI Phantom 3

UAS and DJI Inspire 1 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.

Accordingly, NATIVE SOUTH FILMS 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.

NATIVE SOUTH FILMS submits that the requested relief is proper since an equivalent level of safety will be ensured. NATIVE SOUTH FILMS will use experienced personnel or technicians to perform maintenance, alterations, or prevent ive maintenance on the UAS using the methods, techniques, and practices prescribed in the operating documents (i.e., Monthly Maintenance Log,
and DJI Phantom 3 & DJI Inspire 1 Instruction Manual). Furthermore, NATIVE SOUTH FILMS
will document and maintain all maintenance records for the DJI Phantom 3 UAS and DJI Inspire

1 UAS

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

and limitations: Pilot in command , is requested by NATIVE SOUTH FILMS to the extent

n ecessary 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 op erate the DJI Phantom UAS and DJI Inspire UAS in a manner consistent with this exemption, including evasive and emergency maneuvers and maintaining appropriate distances from people, vessels, vehicles and structures.6 NATIVE SOUTH FILMS seeks relief from S ection 91.7(a), entitled Civil aircraft airworthiness

, because the DJI Phantom 3 UAS and DJI Inspire 1 UAS do not require an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H. As such, NATIVE SOUTH FILMS submits that they will ensur e that the DJI Pha ntom 3 UAS and DJI Inspire 1 UAS is in an airworthy condition, prior to every flight, by determining that the UAS are in compliance with the operating documents (i.e., Monthly Maintenance Log, and DJI Phantom 3 and DJI Inspire 1

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

NATIVE SOUTH FILMS also seeks an exemption from the requirements of Section 91.121,
entitled Altimeter Settings , as the DJI Phantom 3 UAS and DJI Inspire 1 UAS will not have a typical b arometric altimeter onboard. However, altitude information of the DJI Phantom 3 UAS and DJI Inspire 1 UAS will be provided to the PIC via Global Positioning 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 NATIVE

SOUTH FILMS operation of the DJI Phantom 3 UAS and DJI Inspire 1 UAS within visual line of sight, at or below 4 00 feet AGL, will ensure a level of safety equ ivalent to Section 91.121.

Additionally, NATIVE SOUTH FILMS seeks an exemption from the requirements of Section 91.151(b), entitled Fuel requirements for flight in VFR conditions

. NATIVE SOUTH FILMS submits that safety will not be affected by operation of the DJI Phantom 3 UAS and DJI Inspire 1

UAS during daylight hours in visual meteorological conditions (VMC) under visual flight rules (VFR), with enough battery power to fly for a total duration of approximately 23 minutes for the
DJI Phantom 3 UAS and a total duration of 18 minutes for the DJI Inspire 1 UAS . Battery power indicators are also able to show exactly how much battery power is left, as well as how much time is needed to return safely back to point of take off.

In accordance with 14 C.F.R. § 11 .81, NATIVE SOUTH FILMS provides the following information in support of its petition for exemption:

**A. Name And Address Of The Petitioner.** 

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

Alec Cantley

Founder/Owner

Native South Films

10 Hillvew Road

Asheville, NC 28805

828.989.4487

alec.cantley@gmail.com7 **B. The Specific Sections Of 14 C.F.R. From Which NATIVE SOUTH FILMS**  **Seeks Exemption.** 

**1. NATIVE SOUTH FILMS**  **Seeks Exemption From The Requirements Of Section 61.113(a) And (b).** 

S ection 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 t hat 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 empl oyment 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. NATIVE SOUTH FILMS**  **Seeks Exemption From The Requirements Of Section 91.7(a).**

Section 91 .7, entitled Civil aircraft airworthiness , subsection (a), states the following:

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

**3. NATIVE SOUTH FILMS**  **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, wh en operating

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

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

(ii) If there is no station within the area prescribed in paragraph (a)(1)(i) of

this s ection, 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. NATIVE SOUTH FILMS**  **Seeks Exemption From The Requirements Of Section 91.151(b).** 8 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 cond itions unless (considering wind and forecast weather conditions) there is enough fuel to fly to the first point of intended landing and, assuming normal cruising speed, to fly after that for at least 20 minutes.

**5. NATIVE SOUTH FILMS**  **Seeks Exemption From The Requirement Of Section**  **91.405(a).**

Section 91.405, entitled Maintenance required , subsection (a), states the following: Each owner or operator of an aircraft

—
(a) Shall have that aircraft inspected as prescribed in subpart E of this part and shall

bet ween required inspections, except as provided in paragraph (c) of this section, have discrepancies repaired as prescribed in part 43 of this chapter[.]

**6. NATIVE SOUTH FILMS**  **Seeks Exemption From The Requirements Of Section**  **91.407(a)(1)**

Section 91.407, en titled Operation after maintenance, preventive maintenance, rebuilding, or alteration

, subsection (a)(1), states the following:

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

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

**7. NATIVE SOUTH FILMS**  **Seeks Exemption From The Requirements Of Sections 91.409(a)(1) And 91.409(a)(2).** 

Section 91.409, entitled Inspections , subsect ion (a), states the following:

(a) Except as provided in paragraph (c) of this section, no person may operate an aircraft unless, within the preceding 12 calendar months, it has had

--
(1) An annual inspection in accordance with part 43 of this chapter an d has been approved for return to service by a person authorized by § 43.7 of this chapter; or

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

**8. NATIVE SOUTH FILMS**  **Seeks Exemption From The Requirements Of Sections**  **91.417(a) And 91.417(b).**9 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 k eep 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 a ppropriate, for each aircraft (including the airframe) and each engine, propeller, rotor, and appliance of an aircraft. The records must include

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

(ii) Th e 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 overhaule d 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 applica ble 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 r equired.

(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 th e periods prescribed:10 (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 NATIVE SOUTH FILMS**  **Seeks And The Reason NATIVE** 
**SOUTH FILMS Seeks The Relief.** 

**1. Extent Of Relief NATIVE SOUTH FILMS**  **Seeks And The Reason NATIVE SOUTH** 
**FILMS Seeks Relief From Section 61.113(a) A**  **nd (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 airm an 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 com pensation or hire.

As set forth more fully below, NATIVE SOUTH FILMS submits that an equivalent level of safety will be maintained because no PIC will be allowed to operate the DJI Phantom 3 UAS or DJI Inspire 1 UAS unless that PIC has met certain flight

- hour and currency requirements, demonstrating that the PIC is able to safely operate either the DJI Phantom 3 UAS and DJI Inspire 1 in a manner consistent with the operations specifications as described in this exemption, including evasive and emergency ma neuvers, as well as maintaining appropriate distances from people, vessels, vehicles and structures.

Further, NATIVE SOUTH FILMS submits that all flights of the DJI Phantom 3 UAS and DJI Inspire 1 UAS , conducted by the PIC pursuant to the grant of this Pet ition: (1) will be incidental

to NATIVE SOUTH FILMS business; and (2) will not carry passengers or property for compensation or hire.11 **2. Extent Of Relief NATIVE SOUTH FILMS**  **Seeks And The Reason NATIVE SOUTH** 
**FILMS Seeks Relief From Section 91.7(a).** 

Relie f from Section 91.7(a) entitled Civil aircraft airworthiness , is requested to the extent required to allow NATIVE SOUTH FILMS to determine that the DJI Phantom 3 UAS and DJI Inspire 1 UAS are in airworthy condition prior to every flight by ensuring that th e UAS is in compliance with the operating documents (i.e., NATIVE SOUTH FILMS Aerial Operations Manual, Monthly Maintenance Log, and DJI Phantom 3 and DJI Inspire 1 Instruction Manual).

NATIVE SOUTH FILMS seeks the requested relief because the DJI Phantom 3 UAS and DJI Inspire 1 UAS do not require an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H. Therefore, NATIVE SOUTH FILMS will ensure that the DJI Phantom 3 UAS and DJI Inspire 1 UAS are in airworthy condition based upon its c ompliance with the operating documents (i.e., Monthly Maintenance Log, and DJI Phantom 3 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 NATIVE SOUTH FILMS**  **Seeks And The Reason NATIVE SOUTH** 
**FILMS Seeks Relief From Section 91.121.** 

Relief from Section 91.121, entitled Altimeter settings , may be required to allow flight operations of the DJI Phantom 3 UAS and DJI Inspire 1 UAS , which utilize a barometric pressure sensor, GPS equipment, and a radio communications telemetry data link to downlink altitude information from the UA to the PIC at the ground control station (GCS). Since the FAA requires that an y altitude information concerning UAS operations be reported to air traffic control (ATC) in feet above ground level (AGL), NATIVE SOUTH FILMS seeks the requested
relief because the DJI Phantom 3 UA S ’s altimeter and DJI Inspire 1 UAS’s altimeter may be set on the ground to zero feet AGL, rather than the local barometric pressure or field altitude, before each flight.

Considering the limited altitude of the proposed operations, relief from 14 CFR 91.121 is sought to the extent necessary to comply with the a pplicable conditions and limitations stated below. As more fully set forth herein, an equivalent level of safety will be maintained since the DJI
Phantom 3 UAS and DJI Inspire 1 UAS are equipped with a barometric pressure sensor and GPS equipment, which au tomatically 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 NATIVE SOUTH FILMS**  **Seeks And The Reason NA**  **TIVE SOUTH**
**FILMS Seeks Relief From Section 91.151(b).** 

Relief from Section 91.151(b) entitled Fuel requirements for flight in VFR conditions , is requested to the extent required to allow flights of the battery powered DJI Phantom 3 UAS and12 DJI Inspire 1 UA S during daylight hours in visual meteorological conditions (VMC), under visual flight rules (VFR), for a total duration of 23 minutes for the DJI Phantom 3 UAS and a total duration of 18 minutes for the DJI Inspire 1 UAS

. NATIVE SOUTH FILMS seeks the

requ ested relief because without an exemption from Section 91.151(b), the flight time duration of the battery powered DJI Phantom 3 UAS and DJI Inspire 1 UAS will severely constrain the practicality of any aerial video or still photo flight operations that NAT IVE SOUTH FILMS proposes to conduct pursuant to this Petition.

Significantly, as set forth below, the technical specifications of the DJI Phantom 3 UAS

, DJI Inspire 1 UAS, the DJI Phantom 3 operating documents, the DJI Inspire 1 operating documents,

and N ATIVE SOUTH FILMS proposed operating limitations, ensure that NATIVE SOUTH

FILMS will safely operate the battery powered DJI Phantom 3 UAS and DJI Inspire 1 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 23 minutes for the DJI Phantom 3 UAS and a total duration of 18 minutes for the DJI Inspire 1 UAS

.

**5. Extent Of Relief NATIVE SOUTH FILMS**  **Seeks And The Reason NATIVE SOUTH** 
**FILMS 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, NATIVE SOUTH FILMS requests relief from these

Sections because the DJI Phantom 3 UAS and DJI Inspire 1 UAS do not require airworthiness certificates. As set forth more fully below, the DJI Phantom 3 UAS and DJI Inspire 1 UAS meet the conditions of FMRA Section 333 for operation without an a irworthiness certificate. Accordingly, NATIVE SOUTH FILMS will use trained technicians to perform maintenance, alterations, or preventive maintenance on the UAS using the methods, techniques, and practices prescribed in the UAS operating documents (i.e., t he NATIVE SOUTH FILMS Aerial Operations Manual, Monthly Maintenance Log, and DJI Phantom 3 and DJI Inspire 1 Instruction Manual). Furthermore, NATIVE SOUTH FILMS will document and maintain all maintenance
records for the DJI Phantom 3 UAS and DJI Inspire 1 UAS

.

**D. The Reasons Why Granting NATIVE SOUTH FILMS**  **Request Would Be In The Public Interest; That Is, How It Would Benefit The Public As A Whole.** 

Granting the present Petition will further the public interest by allowing NATIVE SOUTH

FILMS to safely, e fficiently, and economically perform aerial video and photography of construction sites, real estate, events and civic landscape over certain areas of the United States.

Additionally, use of the DJI Phantom 3 UAS and DJI Inspire 1 UAS will decrease conges tion of the NAS, reduce pollution, and provide significant benefits to the economy. Notably, the benefits
of NATIVE SOUTH FILMS proposed operation of the DJI Phantom 3 UAS and DJI Inspire 1

UAS will be realized without implicating any privacy issues.13 **1. The Public Will Benefit From Decreased Congestion Of The NAS.** 

The DJI Phantom 3 UAS and DJI Inspire 1 UAS are battery powered and serve as a safe, efficient, and economical alternative to the manned aircraft traditionally utilized to obtain aerial imager y. By reducing the amount of manned aircraft needed to perform aerial acquisitions, an exemption allowing the use of a DJI Phantom 3 UAS and DJI Inspire 1 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

UA S and DJI Inspire 1 UAS do not require an airport to takeoff or land. Likewise, a reduction of manned aircraft conducting aerial video and photography missions would result in fewer aircraft that must be handled by air traffic control during the ground, ta keoff, departure, arrival, and landing phases of flight operations.

**2. The Public Will Benefit From The Safety And Efficiency Of The DJI Phantom 3**  **UAS and DJI Inspire 1 UAS** 

**.** Conducting aerial acquisitions with the DJI Phantom 3 UAS and DJI Inspire 1 UAS

, instead of manned aircraft, will greatly benefit the public by drastically reducing the levels of air and noise pollution generated during traditional aerial video and still photography flight operations. By using battery power and electric motors, the DJ I Phantom 3 UAS and DJI Inspire 1 UAS produce no air pollution, and is the most viable environmentally conscious alternative to the cabin class, six cylinder internal combustion engine aircraft that are typically utilized for aerial video and photography, while burning approximately 20

- 30 gallons per hour of leaded aviation fuel. The
DJI Phantom 3 UAS and DJI Inspire 1 UAS , while reducing the carbon footprint of aerial acquisitions, also eliminates noise pollution, as the UAS are propelled by battery powere d electric motors, rather than an internal combustion engine.

By using the DJI Phantom 3 UAS and DJI Inspire 1 UAS to perform aerial acquisitions, the substantial risk to life and property in the air and on the ground, which is usually associated with

tra ditional manned aircraft flight operations, will be substantially reduced or completely eliminated. Aside from the lack of flight crew members located onboard the aircraft, the DJI
Phantom 3 UAS and DJI Inspire 1 UAS has less physical potential for collate ral damage to life and property on the ground, and in the air, compared to the manned aircraft that typically conduct similar operations (weighing approximately 6,000 pounds with a wingspan of approximately 42 feet, a length of 34 feet, and a fuel capacity of 180 gallons).14 **3. Performing Aerial Video and Photography Operations With The DJI Phantom 3 UAS**  **and DJI Inspire 1 UAS Will Benefit The Economy.** 

In addition to being safe and efficient, the DJI Phantom 3 UAS and DJI Inspire 1 UAS are also
an economic al alternative to using manned aircraft to conduct similar aerial operations. As such, operation of the DJI Phantom 3 UAS and DJI Inspire 1 UAS will allow United States based companies, NATIVE SOUTH FILMS , 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 UAS and DJI Inspire 1 UAS is one such technology that not only allows companies greater operational flexibility compared to manned aircraft, but provides such flexibility without the high operational cost of a traditional manned

aircraft.

By operating the DJI Phantom 3 UAS and DJI Inspire 1 UAS , companies such as NATIVE

SOUTH FILMS , can remain competitive and profitable, and therefore, provide greater job stability to employees and contrac tors, 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 UAS and DJI Inspire 1 UAS , provides a stable workforce that increases consumer spending; imp roves 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,

NATIVE SOUTH FILMS proposed operation of the DJI Phantom 3 UAS and DJI Inspire 1 UAS will not implicate any privacy issues. Specifically, the DJI Phantom 3 UAS and DJI Inspire 1

UAS will be operated only in compliance with operating documents (i.e., NATIVE SOUTH

FILMS Aerial Operations Manual, Monthly Maintenance Log, and DJI Phantom 3 and DJI Inspire 1 Instruction Manual) which requires property owner involvement as well as local law

enforcement notificatio n, 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 Safet**  **y At Least Equal To That Provided By The Rule From Which**  **NATIVE SOUTH FILMS Seeks Exemption.** 

**1. Reasons Why The DJI Phantom 3**  **UA S**  **And The DJI Inspire 1 UAS Meet The**  **Conditions Of The FAA Modernization and Reform Act of 2012 (FMRA) Section 333.**

In conside ration of the size, weight, speed, and limited operating area associated with the unmanned aircraft and its operation, NATIVE SOUTH FILMS operation of the DJI Phantom 315 UAS and DJI Inspire 1 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 after 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).

(c) Requirements 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 systems in the national airspace system.

In seeking this exemption, NATIVE SOUTH FILMS submits that the DJI Phantom 3 UAS and DJI Inspire 1 UAS can operate safely in the NAS pursuant to FMRA Section 333, as demonstrated by: (a) the characteristics of the DJI Phantom 3 UAS and the DJI Inspire 1 UAS ; (b) the pilot certification requirement; and (c) the specific operating limitations.

**a. The Specifications Of The DJI Phantom 3 UAS**  **and The DJI Inspire 1 UAS Demonstrate** 
**Its Safe Characteristics.**

The DJI Phantom 3 UAS and th e DJI Inspire 1 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 Specifications Of The DJI Phantom 3**  **UAS and DJI I**  **nspire 1 UAS**

**.**16 The technical specifications of the DJI Phantom 3 UAS and DJI Inspire 1 UAS are set forth by

the DJI Phantom 3 Use r Manual and the DJI Inspire 1 User Manual , att ached hereto as Appendix

A

.

**ii. The DJI Phantom 3 UAS**  **and the DJI Inspire 1 UAS Global Positioning Modes** 
**Enable The UAS To Remain Within A Defined Operational Area.** 

The DJI Phantom 3 UAS and the DJI Inspire 1 UAS may be operated in both manual and global positioning flight modes. A complete description of the flight and navigational modes of the DJI
Phantom 3 UAS is provided at pages 11 of the DJI Phantom 3 User Manual and page 16 of the DJI Inspire 1 User Manual att ached hereto as Appendix A

.

**iii. The DJI Phantom 3 UAS**  **and DJI Inspire 1 UAS Are Designed For Automatic** 

**Return To Home Point Or Hover In The Event Of Loss Of The Control Link Or**  **Navigation.**

When the Control Link is lost, the DJI Phantom 3 UAS and DJI Inspire 1 UAS will remain stationary, in flight, for 3 seconds or more. If, after 3 seconds, the DJI Phantom 3 UAS and DJI Inspire 1 UAS do es not reacquire control link data from the GCS, the UAS will assume that the
Control Link is lost and the will return to the home position (i.e., failsafe mode) via GPS, and will descend to the takeoff position and shutdown.

A complete d escription of the Failsaf e Functions of the DJI Phantom 3 UAS are set forth at

pages 12 through 14 of the DJI Phantom 3 User Manual and pages 13 through 15 of the DJI Inspire 1 User Manual , attached hereto as Appendix A

.

**iv. The DJI Phantom 3**  **GCS , DJI Ins**  **pire 1 GCS And**  **Their Operation.** 

A complete description of the operation and specifications of the DJI Phantom 3 GCS and flight control software is provided at pages 23 through 29 of the DJI Phantom 3 User Manual and pages 24 through 33 of the DJI Inspire 1 User Manual. DJI Phantom 3 User Manual and DJI Inspire 1 User Manual is att ached hereto as Appendix A

. **b. Flight Operations Of DJI Phantom 3 UAS**  **and DJI Inspire 1 UAS Is**  **Limited To The Line Of Sight Of A Certificated Pilot in Command With A Safety Observ**  **er.**

Native South Films video production staff will be the only person s to act as a pilot in command (PIC) of the DJI Phantom 3 UAS and DJI Inspire 1 UAS . Additionally, a safety observer will

assist him at all times during flight time.

**c. Flights Of DJI P**  **hantom 3 UAS and the DJI Inspire 1 UAS**  **Will Be Conducted Pursuant To Specific Operating Limitations.** 

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

UAS and DJI Inspire 1 UAS for the special purpose of conducti ng aerial video and photography over certain areas of United States, pursuant to the following specific operating limitations

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

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

3. The UA S may not be flown at an indicated airspeed exceeding 20 knots.

4. The UA must be operated at an altitude of no more than 4 00 feet a bove ground level (AGL), as indicated by the procedures specified in the operating documents unless a special request is made and approved by ATC. All altitudes reported to ATC must be
in feet AGL.

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

- issued airman medical

certificate.

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

7. All operations must utilize a safety observer (SO). The SO may be used to satisfy the VLOS requirement as long as the PIC always maintains VLOS capability. The SO and PIC must be able to communicate verbally at all times. Electronic messaging or texting is not permitted during flight operations. The PIC must be designated before the flight and cannot transfer his or her designation for the duration of the flight. The PIC must ensure that the SO can perform the functi ons 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 permitted to operate the camera or other in struments.

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
exempt ion and the procedures outlined in the operating documents, the conditions and limitations contained in the grant of exemption take precedence and must be followed. Otherwise, the operator must follow the procedures as outlined in its operating
documents. The operator may update or revise its operating documents. It is the operator’s responsibility to track such revisions and present updated and revised documents to the Administrator upon request. The operator must also present updated18 and revised documents if it petitions for extension or amendment to the grant of exemption. If the operator determines that any update or revision would affect the basis upon which the FAA granted the exemption, then the operator must petition for amendment to its grant of exe mption. 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 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 maintenance has been performed and the UAS is found to be in a condition for safe flight. The Ground
Control Statio n 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 or flight characteristics, e.g. re placement 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.

i noperable 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 requ irements.

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

15. Each 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 discrepancies discovered between inspections.

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

class m edical certificate.

18. The operator may not permit any PIC to operate unless the PIC meets the operator’s qualification criteria and demonstrates the ability to safely operate the UAS in a manner consistent with how the UAS will be operated under the exe mption, 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 of19 training the operator’s PICs are permitted under the terms of the exemption. However, training operations may only be conducted during dedicated training sessions. During training, proficiency, and experience

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

19. UAS operations may not be conducted during night, as defined in 14 C.F.R. § 1. 1. All operations must be conducted under visual meteorological conditions (VMC). If flight at night is required, a special request will be made at the FAA office closest to proposed area of operations. Flights under special visual flight rules (SVFR) are not
authorized.

20. The UA may not operate within 5 nautical miles 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 conduct ed in accordance with a NOTAM as required by the operator’s COA. The letter of agreement with the airport management must be made available to the Administrator
upon request.

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

22. If the UA loses communications or loses its GPS signal, it must return to a 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 (considering wind and

for ecast 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 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 operation. All ope rations 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 must be identified by serial number, registered in accordance with 14 C.F.R. part 47, and have identification (N

Number) markings in accordance with 14 C.F.R. part 45, Subpart C. Markings must be as large as practicable.20 27. Before conducting operations, the radio frequency s pectrum 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 man ned 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 than 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 operator

must ensure th at 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 operated near vesse ls, vehicles or structures where the owner/controller of such vessels, vehicles or structures has granted permission and the PIC has made a safety assessment of the risk of operating closer to those objects and determined that it does not present an undue hazard, and;

c. Operations nearer to the PIC, SO, operator trainees or essential persons do not present an undue hazard to those persons per § 91.119(a).

32. All operations shall be conducted over private or controlled

- access property with permission fro m the land owner/controller or authorized representative. Permission from land owner/controller or authorized representative will be obtained for each flight to be conducted.

33. Any incident, accident, or flight operation that transgresses the lateral or vertical boundaries of the operational area as defined by the applicable COA must be reported to the FAA's UAS Integration Office (AFS

- 80) within 24 hours. Accidents must be reported to the National Transportation Safety Board (NTSB) per instructions

cont ained 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.** 21 NATIVE SOUTH FILMS submits that the equivalent level of safety established by Section 61.113(a) an d (b) will be maintained because no PIC will be allowed to operate the DJI Phantom

3 UAS or DJI Inspire 1 UAS unless that PIC has demonstrated, by meeting minimum flight

- hour and currency requirements, that the PIC is able to safely operate the DJI Phantom 3 UAS or DJI Inspire 1 UAS in a manner consistent with the exemption, including evasive and emergency maneuvers and maintaining appropriate distances from people, vessels, vehicles and structures.

Considering NATIVE SOUTH FILMS proposed area of operation s, 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 Ph antom 3 UAS and DJI Inspire 1 UAS

, NATIVE SOUTH

FILMS submits that the additional manned airmanship experience of a commercially certificated pilot would not correlate to the airmanship skills necessary for NATIVE SOUTH FILMS specific proposed flight opera tions.

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).

NATIVE SOUTH FILMS will not allow any PIC to operate the DJI Phantom 3 UAS or DJI Inspire 1 UAS unless that PIC has demonstrated, by meeting minimum flight

- hour requirements
or the DJI Phantom 3 UAS training , DJI Inspire 1 UAS training and currency requirements, that the PIC is able to safely operate the DJI Phantom 3 UAS and the DJI Inspire 1 UAS in a manner consistent with this exemption, including evasive and emergency maneuvers and maintaining appropriate 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 those 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 purp oses).

As in Exemption Nos. 11062, 11138, and 11153, prior documented flight experience that was obtained in compliance with applicable regulations will ensure an equivalent level of safety during NATIVE SOUTH FILMS 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 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 . 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 and model of UAS to be used for operations under the exemption. For clarification, the22 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

hou r 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

exper ience

- 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

w ith 14 C.F.R 91.119.

Exemption No. 11138 at page 15.

Accordingly, NATIVE SOUTH FILMS will ensure safe operations by not allowing any PIC to operate the DJI Phantom 3 UAS or DJI Inspire 1 UAS unless that PIC has demonstrated, by meeting minimum flight

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

the DJI Phantom 3 UAS or DJI Inspire 1 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, NATIVE SOUT H FILMS will ensure that the DJI Phantom 3 UAS and DJI Inspire

1 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 gra nted 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, 11 157, 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 t he DJI Phantom 3 UAS and DJI Inspire 1 UAS will be provided to the PIC via GPS equipment and a radio communications telemetry data link, which downlinks from23 the UA to the GCS for active monitoring of the flight path and altitude. This altitude information

, combined with NATIVE SOUTH FILMS operation of the DJI Phantom 3 UAS and DJI Inspire 1

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).

**5. Reasons Why An Exemption From The Requireme nts 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 UAS and

DJI Ins pire 1 UAS ; (2) the limitations on the proposed flight operations; and (3) the location of the proposed flight operations. Accordingly, NATIVE SOUTH FILMS will ensure that it will safely operate the battery powered DJI Phantom 3 UAS and DJI Inspire 1 UAS d uring daylight hours in VFR conditions, with enough battery power to fly for a total duration of 23 minutes for the DJI Phantom 3 UAS and a total duration of 18 minutes for the DJI Inspire 1 UAS.

Here, as in Exemption No. 11109, the technical specificati ons of the DJI Phantom 3 UAS and the DJI Inspire 1 UAS ; the 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, safet y will be ensured as the DJI Phantom 3 UAS and DJI Inspire 1

UAS provide audible and visual warnings to the PIC at the GCS when the UAS experiences low battery voltage, the first warning occurring at approximately 33% remaining battery power, and again at approximately 10% remaining battery power. At the critically low battery level, the DJI
Phantom 3 UAS and DJI Inspire 1 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 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).24 **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 A**  **dversely Affect Safety.** 

In seeking this exemption, NATIVE SOUTH FILMS submits that the equivalent level of safety with regard to the regulatory maintenance and alteration requirements established by Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b) will be met because

NATIVE SOUTH FILMS will use trained technicians to perform maintenance, alterations, or preventive maintenance on the UAS using the methods, techniques, and practices prescribed in the operating documents (i.e., NAT IVE SOUTH FILMS Aerial Operations Manual, Monthly Maintenance Log, and DJI Phantom 3 and DJI Inspire 1 Instruction Manual). Furthermore,

NATIVE SOUTH FILMS will document and maintain all maintenance records for the DJI
Phantom 3 UAS and DJI Inspire 1 UAS

.

Since the DJI Phantom 3 UAS and DJI Inspire 1 UAS will be inspected as prescribed by the operating documents, NATIVE SOUTH FILMS 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 and DJI Inspire 1 User Manuals are attached hereto as Appendix A

. Likewise, the exemption sought will not adversely affect safety because NATIVE SOUTH

FILMS will use trained technicians to perform maintenance, alterations or preventive

mainte nance 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 mainte nance of the DJI Phantom 3 UAS and DJI Inspire 1 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 9 1.405(a), 91.407(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 NATIVE SOUTH FILMS proposed oper ating limitations, the operating documents, and the technical aspects of the DJI Phantom 3 UAS and DJI Inspire 1 UAS

, NATIVE SOUTH FILMS 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 similar, in all material respects, to those presented herein (e.g. Exemption Nos. 11062, 11063, 11064, 11065, 11066, 11067, 11080, 111 09, 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 entitled Special Conditions

, NATIVE SOUTH FILMS requests that the FAA prescribe special conditions for the intended operation of the DJI Phantom 3 UAS and DJI25 Inspire 1 UAS , which contain such safety standards that the Administrator finds necessar y 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 pursuant to 14 C.F.R. § 21.16, for operation of the DJI Phantom 3 UAS AND DJI Inspire 1 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 pro duct. The special conditions are issued in accordance with Part 11 of this chapter and contain such safety standards for the aircraft, aircraft engine or propeller as the FAA finds necessary to establish a level of safety equivalent to that established in the regulations.

See 14 C.F.R. § 21.16.

Therefore, in accordance with FMRA Section 333 and 14 C.F.R. § 21.16, the FAA may prescribe special conditions for NATIVE SOUTH FILMS intended operation of the DJI
Phantom 3 UAS and the DJI Inspire 1 UAS , which cont ain such safety standards that the Administrator finds necessary to establish a level of safety equivalent to that established by 14 C.F.R. Part 21, Subpart H, and 14 C.F.R Sections 61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.4 09(a)(1) & (a)(2), and 91.417(a) & (b).26 **A Summary That Can Be Published In The Federal Register, stating: The Rules From**
**Which NATIVE SOUTH FILMS**  **Seeks Exemption:**

NATIVE SOUTH FILMS 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 NATIVE SOUTH FILMS**  **Seeks:**

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

**Any Additional Information, Views, Or Arguments Available To Support NATIVE** 
**SOUTH FILMS Request.** 

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

(FMRA) Section 333, which directs the Secretary of Transportation to determine if certain UAS may operate safely in the NAS. As such, NATIVE SOUTH FILMS request for exemption may be granted pursuan t 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 sec urity; and further, provides the authority for such UAS to operate without airworthiness certification.

As discussed in detail above, NATIVE SOUTH FILMS will operate the DJI Phantom 3 UAS and DJI Inspire 1 UAS safely in the NAS, without creating a hazard to users of the NAS, or the public, or otherwise pose a threat to national security.

**CONCLUSION**

As set forth herein, NATIVE SOUTH FILMS seeks an exemption pursuant to 14 C.F.R. § 11.61 and Section 333 of the FAA Modernization and Reform Act of 2012 (FMRA ), which will permit safe operation of the DJI Phantom 3 UAS and DJI Inspire 1 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 t his Petition, the FAA Administrator will be27 fulfilling the Congressional mandate of the FAA Modernization and Reform Act of 2012, while also advancing the interests of the public, by allowing NATIVE SOUTH FILMS to safely, efficiently, and economically oper ate the DJI Phantom 3 UAS and DJI Inspire 1 UAS commercially within the NAS.

**WHEREFORE** , in accordance with the Federal Aviation Regulations and the FAA Modernization and Reform Act of 2012, Section 333, NATIVE SOUTH FILMS respectfully requests that the A dministrator grant this Petition for an exemption from the requirements of 14 C.F.R Sections 61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b), and permit NATIVE SOUTH FILMS to operate the

DJI Phantom 3 UAS and DJI Inspire 1 UAS commercially for the purpose of conducting aerial video and photography over certain areas of the United States.

Dated: February 15, 2016

Respectfully submitted,

Alec Cantley

Founder/Owner

Native South Films

10 Hillve w Road

Asheville, NC 28805

828.989.4487

alec.cantley@gmail.com

Appendices :

A

– Link to DJI Phantom 3 Manual and DJI Inspire 1 Manual : Click on link below

http://download.dji

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

http://download.d ji

innovations.com/downloads/inspire_1/en/Inspire_1_User_Manual_v1.0_en.pdf