1 UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

FEDERAL AVIATION ADMINISTRATION
WASHINGTON, D.C.

**IN THE MATT E**  **R OF THE PETITION FOR EXEMPTION OF: Toren Hall with Black Dragon Aerial**  **(Black Dragon LLC) 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) and (b) CONCERNING COMMERCIAL** 

**OPERATI ON OF DJI PHANTOM 3 UNMAN**  **NED AIRCRAFT SYSTEM**

**PURSUANT TO SECT ION 333 OF** 

**THE FAA MODERNIZATION AND REFORM ACT OF 2012 (PUBLIC LAW 112** 

**- 95)** 

Submitted on February 19 th , 2016

Toren Hall Black Dragon Aerial (Black Dragon, LLC)

975 Connell Street Mechanicsburg, PA 17055 Tel: (717) 440

- 5010

Email: blackdragonaerial@outlook.com2 **Table of Contents**

GLOSSARY OF ABBREVIATIONS

................................ ................................ ................................ ................................ ........ 3

SUMMARY

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

INTRODUCTION AND INTERESTS OF PETITIONER

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

BACKGROUND

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

BASIS FOR PETITION

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

NAME AND ADDRESS OF PETITIONER

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

SPECIFIC SECTIONS OF 14 CFR FROM WHICH BDA SEEKS EXEMPTION

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

EXTENT OF RELIEF BDA SEEKS

................................ ................................ ................................ ................................ ......... 9

REASONS GRANTING BDA’S REQUEST WOULD BE IN THE P UBLIC INTEREST

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

REASONS GRANTING THE EXEMPTION WOULD NOT ADVERSELY AFFECT SAFETY

............................. 13

ADDITIONAL INFORMATION, VIEWS, OR ARGUMENTS AVAILABLE TO SUPPORT BDA’S REQUEST

................................ ................................ ................................ ................................ ................................ ................... 22

SUMMARY THAT CAN BE PUBLISHED IN THE FEDERAL REGISTRY

................................ .............................. 22

CONCLUSION

................................ ................................ ................................ ................................ ................................ ........... 23

APPENDICES

................................ ................................ ................................ ................................ ................................ ............ 243 **GLOSSARY OF ABBREVIATIONS**

AGL Above Ground Level

AOI Area of Interest

ATC Air Traffic Control

ATO Air Traffic Organization

AV Aerial Vehicle

BDA Black Dragon Aerial (Black Dragon, LLC)

CFR Code of Federal Regulations

COA Certificate of Authorization

DJI P3 DJI Phantom 3 UAV

FAA Federal Aviation Administration

FAR Federal Aviation Regulation

FC Flight Controller

GCS Ground Control Station

GPS Global Positioning System

LOL Loss of Link

NAS National Airspace System

NOTAM Notice to Airman

PIC Pilot In Command

RC Remote Control

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

SO Safety Observer

SOP Standard Operating Procedures

UA Unmanned Aircraft

UAS Unmanned Aircraft System4 UAV Unmanned Aerial Vehicle

VFR Visual Flight Rules

VLOS Visual Line of Site

VMC Visual Meteorological Conditions

VTOL Vertical Take

- Off and Landing5 **SUMMARY**

B lack Dragon Aerial (BDA) seeks exemption from the requirements of 14 CFR §§ 61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1), and 91.417(a) & (b), to operate an Unmanned Aircraft System pursuant to Section 333 of the FFA Modernization and Reform Act of 2012. This exemption will permit Toren Hall, with Black Dragon Aerial, to operate Unmanned Aircraft Systems for the commercial purpose of conducting aerial photography, videography, and cinematography for weddings, real est ate, special events, film sets, television, public events, newsgathering, and land surveying, as well as create company photography and videography for promotional videos and training for UAS operations over certain areas of the United States.

**INTRODUCTIO N AND INTERESTS OF THE PETITIONER** 

Black Dr agon A erial is a new c ompany d esiring t o p rovid e its clients w ith ex pertise and k nowledge

in p roduction a nd cin ematography t echnologies a s well a s provide a udio/video so lutions to present, produce, and ed ucate. B DA a lso seeks to p rovide it s clients with t he highest q uality d igital equipment

f or use in t heir co mmercial, p ersonal, a nd n on

- profit m u ltimedia projects. Toren H all is

the owner a nd f

ounder of

B DA and has o ver 3 0 y ears o f aerial RC r ecreational/hobby ex p erience

. Toren’s background is in n uclear p ower p lant e ngineering, w hich p rovides unique t echnical expertise as w ell as a working fam iliarity w ith F ederal Regulations an d t he conformance there to

. Toren is currently actively pursuing a Private Pilot C ertificate with R eigle Aviation i n P almyra, Pennsylvania in o rder t hat, o nce c ommercial o peration s commence, h e may a ct a s PIC p ursuant

t o
Section 3 33. The objective of BDA’s aer ial video an d p hotography o perations i s t o p rovide high quality i maging fo r a variety

o f promotional, wedding, commercial, public, and r esidential uses, specifically

t argeting:

• P roduction and Motion Picture Filming

• Television/Film

• Wedding Videography and Photography

• Real Estate Videography and Photography

• Land and Construction Surveyin g

• Increase public knowledge of UAS

• Provide training and promote safe UAS operations for resale of DJI products by doing promotional and training videos and flight demonstrations.

**BACKGROUND**

Unmanned Aerial System: DJI Phantom 3 Professional UAS

B DA seeks an exemption to operate DJI systems for compensation or hire within the NAS. The DJI Phantom 3 (DJI P3) is a vertical take

- off and landing (VTOL) Unmanned Aircraft (UA) with a Ground Control Station (GCS) utilizing electronic tablet, smartphone, or HDMI output to monitor display

systems. The DJI Phantom 3 has a maximum gross weight of approximately 3 pounds, while having a length of 16 inches, width of 16 inches, height of 8 inches, and a maximum speed of approximately 31 knots. The DJI P3 is e quipped with four main rotors and driven by Lithium Polymer powered

electric motors.6 **BASIS FOR PETITION**

Petitioner, Black Dragon Aerial, pursuant to the provisions of the FAA (14 CFR § 11.61) and the FAA Modernization and Reform Act of 2012, Section 333, Special Rules for Certain Unmanned Aircraft Systems, hereby petitions the Administrator to commercially operate the DJI Phantom 3 in the National Airspace System, and for an exemption from the requirements of 14 CFR §§ 61.113(a) & (b), 91.7(a), 91.121 , 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) , and 91.417(a) & (b).

In consideration of the speed, weight, size, and limited operating area associated with the unmanned aircraft and its operation, BDA’s operation of DJI P3 meets the conditions of FMR A Section 333 and therefore will not require an airworthiness certificate in accordance with 14 CFR Part 21, Subpart H.

Accordingly, BDA 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 s et forth requirements for maintenance that only apply to aircraft

with an airworthiness certificate.

BDA submits that the requested relief is proper since an equivalent level of safety will be ensured. BDA will use experienced personnel or technicians to perform maintenance, alterations, or preventive maintenance on the UAS using the methods, techniques, and practices prescribed in the operating documents (i.e. Monthly Maintenance Log, and DJI Phantom 3 Instruction Manual). Furthermore, BDA will document and maintain all maintenance records for the DJI P3 UAS.

Relief from certain requirements of Section 61.113(a) & (b), entitled Private pilot privileges and limitations: Pilot in command, is requested by BDA to the extent necessary to allow a Pilot in

Co mmand (PIC) holding a private pilot or higher level certificate, as well as an airman medical certificate, and who has demonstrated, by meeting minimum flight

- hour and currency requirements, that the PIC is able to safely operate the DJI P3 UAS in a manner consistent with this exemption, including evasive and emergency maneuvers and maintaining appropriate distances from people, vessels, vehicles and structures.

BDA seeks relief from Section 91.7(a), entitled Civil aircraft airworthiness, because the DJI P 3 UAS does not require an airworthiness certificate in accordance with 14 CFR Part 21, Subpart H. As such, BDA submits that he will ensure that the DJI P3 UAS is in an airworthy condition, prior to every flight, by determining that the UAS is in complianc e with the operating documents (i.e. Monthly Maintenance Log and DJI P3 Instruction Manual), and that the aircraft is in a condition for safe flight.

BDA also seeks an exemption from the requirements of Section 91.121, entitled Altimeter Settings,

as the DJI P3 UA will not have a typical barometric altimeter on board. However, altitude information of the DJI P3 UA will be provided to the PIC via GPS equipment and monitoring of the flight path. This altitude information, combined with BDA’s operation of t he DJI P3 UA within visual line of sight, at or below 500 feet AGL, will ensure a level of safety equivalent to Section 91.121.

Additionally, BDA seeks an exemption from the requirements of Section 91.151(b), entitled Fuel requirements for flight in VFR c onditions. BDA submits that safety will not be affected by operation of the DJI P3 UA during daylight hours in visual meteorological conditions under visual flight rules, with enough battery power to fly for a total duration of approximately 13 minutes to the first point of intended landing and, assuming normal cruising speed, to fly after that for at least 4.5 minutes.7 In accordance with 14 CFR § 11.81, BDA provides the following information in support of its petition for exemption:

**A. Name and Address of**  **the Petitioner**

Toren Hall Black Dragon Aerial

975 Connell Street Mechanicsburg, PA 17055 Tel: (717) 440

- 5010

Email: blackdragonaerial@outlook.com

**B. The Specific Sections of 14 CFR From Which BDA seeks**  **Exemption.**

**1. BDA Seeks Exemption From The Requirements Of Section 61.113(a) & (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 of an aircraft that is carrying passengers or property for compensation or hire; nor may that person, for compensation or hire, act as PIC of an aircraft.

(b) A private pilot may, for compensation or h ire, act as PIC of an aircraft in connection with any business or employment if

- (1) The flight is only incidental to that business or employment; and (2) The aircraft does not carry passengers or property for compensation or hire.

**2. BDA Seeks Exemption From The R**  **equirements 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. BDA 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 alt imeter that is set, when operating

— (1) Below 18,000 feet MSL, to

—

(i ) The current reported altimeter setting of a station along the route and within 100 nautical miles of the aircraft; (ii) If there is no station within the area prescribed in paragraph (a)(1)(i) of this section, the current reported altimeter setting of an appropriate available station;

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

**4. BDA Seeks Exemption From The Requirements Of Section 91.151(b).** 

Section 91.151, entitled Fuel requirements for flight in VFR conditions , subsection (b), states the following:8 (b) No person may begin a flight in a rot orcraft under VFR conditions unless (considering wind and forecast weather conditions) there is enough fuel to fly to the first point of intended landing and, assuming normal cruising speed, to fly after that for at least 20 minutes.

**5. BDA Seeks Exemption F**  **rom The Requirements Of Section 91.405(a).**

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

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

**6. BDA Seeks Exemption From The Requirements Of Section 91.407(a)(1).** 

Section 91.407, entitled O peration 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. BDA Seeks Exemption From The Requirements Of Section 91.409(a)(1) And (a)(2).** 

Section 91.409, entitled Inspections, subsection (a), states the fol lowing:

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

–

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

or

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

**8. BDA Seeks Exemption From The Requirements Of Section 91.417(a)**  **And 91.417(b).**

Section 91.417, entitled Maintenance records, subsections (a) and (b), state the following: (a) Except for work performed in accordance with §§ 91.411 and 91.413, each registered owner

or operator shall keep the following records for the periods specified in paragraph (b) of

this section:

(1) Records of the maintenance, preventive maintenance, and alteration and records of the

100

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

—

(i) A description (or reference to data acceptable to the Administrator) of the work9 performed; and

(ii) The date of completion of th e 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 s pecified time basis.

(iv) The current inspection status of the aircraft, including the time since the last inspection required by the inspection program under which the aircraft and its appliances are maintained.

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

and date when the next action is re quired.

(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:

(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 BDA Seeks And The Reason BDA Seeks The Relief.**

**1. Extent Of Relief BDA Seeks And The Reason BDA 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 a irman medical certificate, and who has met certain flight

- hour and currency requirements, to conduct the proposed UAS flight operations for compensation or hire.10 This relief is requested since the limitations set forth in Section 61.113(a) and (b) state t hat a private pilot may, for compensation or hire, act as a 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 f or compensation or hire.

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

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

Further, BDA submits that all flights of the DJI Phantom 3 UAS, conducted by the PIC pursuant to the grant of this petition: (1) will be incidental to BDA’s business; and (2) will not carry

passengers or pr operty for compensation or hire.

**2. Extent Of Relief BDA Seeks And The Reason BDA Seeks Relief From Section 91.7(a).** 

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

BDA seek s the requested relief because the DJI Phantom 3 UAS does not require an airworthiness certificate in accordance with 14 CFR Part 21, Subpart H. Therefore, BDA will ensure that the DJI Phantom 3 UAS is in airworthy condition for safe flight, as stated in the conditions and

limitations below.

**3. Extent Of Relief BDA Seeks And The Reason BDA 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, whic h will 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 any altitude

information co ncerning UAS operations be reported to air traffic control (ATC) in feet above ground level (AGL), BDA seeks the requested relief because the DJI Phantom 3 UA’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 the 14 CFR 91.121 is sought to the extent necessary to comply with the applicable conditions and limitations stated below. As more fully set forth herein, an equivalent level of safety will be maintained since the DJI Phantom 3 UA is equipped with a barometric pressure sensor and GPS equipment, which automatically ensures that a ground level pressure setting will be established prior to each f light, and provides the PIC with altitude information of the UA on the telemetry display monitor of the

GCS.

**4. Extent Of Relief BDA Seeks And the Reason BDA Seeks Relief From Section**  **91.151(b).**11 Relief from Section 91.151(b) entitled Fuel requirements for flight in VFR conditions, is requested to the extent required to allow flights of the battery powered DJI Phantom 3 UA during daylight hours in visual meteorological conditions (VMC), under visual flig ht rules (VFR), for a total duration of 14.5 minutes to the first point of intended landing and, assuming normal cruising speed, to fly after that for at least 5.5 minutes. BDA seeks the requested relief because without an exemption from Section 91.151(b) , the flight time duration of the battery powered DJI Phantom 3 UA will severely constrain the practicality of any aerial video or still photo flight operations that TVS Pro proposes to conduct pursuant to this Petition.

Significantly, as set forth belo w, the technical specifications of the DJI Phantom3 UAS, the DJI Phantom 3’s operating documents, and BDA’s proposed operating limitations, ensure that BDA will safely operate the battery powered DJI Phantom 3 UA during daylight hours in VMC, under
VFR, wi th enough battery power to fly for a total duration of 14.5 minutes to the first point of intended landing and, assuming normal cruising speed, to fly after that for at least 5.5 minutes.

**5. Extent Of Relief TVS Pro Seeks And The R eason TVS Pro Seeks Rel**  **ief 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, BDA requests relief from these Sections because the DJI Phantom 3 UAS does not require an airworthiness certificate. As set forth more fully below, the DJI Phantom 3 UAS meets the conditions of MFRA Section 333 for operation without an airworthiness certificate. Accordingly, BDA 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., the Black Dragon Aerial Operations Manual, Monthly Mainten ance Log, and DJI Phantom 3 Instruction Manual). Furthermore, BDA will document and maintain all maintenance records for the DJI Phantom 3 UAS.

**D. The Reasons Why Granting BDA’s 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 BDA too safely, efficiently, and economically perform aerial video and photography for wedding films, real estate, special events, film sets, and landscape over certain areas of the United States.

Additionally, use of the DJI Phantom 3 UAS will decrease congestion of the NAS, reduce pollution, and provide significant benefits to the economy. Notably, the benefits of BDA’s proposed operation of the DJI Phantom 3 UAS will be realized without implicating any privacy issues.

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

The DJI Phantom 3 UA is battery powered and serves 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 exemption allowing the use of a DJI P3 UAS would reduce the amount of manned aircraft in the NAS, reduce noise and air pol lution, 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 P3 UA does not require an airport to takeoff or land. Likewise, a reduction of manned aircraft conducting aerial12 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 UAS.**

Conducting aerial acquisitions with the DJI P3 UAS, instead of manned aircraft, will greatly benefit the p ublic by drastically reducing the levels of air and noise pollution generated during the traditional aerial video and still photography flight operations. By using battery power and electric motors, the DJI P3 UAS produces no air pollution, and is the mos t 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. T he DJI P3 UA, while reducing the carbon footprint of aerial acquisitions, also eliminates noise pollution, as the UA is propelled by battery powered electric motors, rather than a fuel burning internal combustion engine.

By using the DJI P3 UAS to perfor m aerial acquisitions, the substantial risk to life and property in the air and on the ground, which is usually associated with traditional manned aircraft flight operations, will be substantially reduced or completely eliminated. Asid e from the lack of

f light crew members located onboard the aircraft, the DJI P3 UA (with a weight of only 2 pounds 11 ounces at maximum gross weight, a length of only 16 inches, and no fuel on board), has less physical potential for collateral damage to life and property on the ground, and in the air, compared to the manned aircraft that typically conduct similar operations (weighing approximately 6,000 pounds with a wingspan of approximately 42 feet, a length of 34 feet, and a fuel capacity of 180 gallons of combustible fuel ).

**3. Performing Aerial Video And Photography Operations With The DJI Phantom 3 UAS Will Benefit The Economy.** 

IN addition to being safe and efficient, the DJI P3 UAS is also an economical alternative to using manned aircraft to conduct similar aerial o perations. As such, operation of the DJI P3 UAS will allow United States based companies, like BDA, to remain competitive and contribute to growth of the U.S. economy. Specifically, with the 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 P3 UAS is one such technology that not only allows com panies 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 P3 UAS, companies such as BDA 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 P3 UAS provides a sta ble workforce that increases 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 Issu es.** 

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

decades , BDA’s proposed operation of the DJI P3 UAS will not implicate any privacy issues. Specifically, the DJI P3 UAS will be operated only in compliance with operating documents (i.e., the13 BDA Operations Manual , Monthly Maintenance Log, and DJI P3 Instruction Manual) which requires property owner involvement as well as local law enforcement notification, and in accordance with the Federal Aviation Regulations, including the minimum altitude requirements of 14 CFR §91.119.

**E. The Reasons Why Granting The Exem ption 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 BDA Seeks Exemption.** 

**1. Reasons Why The DJI Phantom 3 UAS Meets The Conditions Of The FAA**

**Modernization A nd Reform Act Of 2012 (FMRA) Section 333.** 

In consideration of the size, weight, speed, and limited operating area associated with the unmanned aircraft and its operation, BDA’s operation of the DJI P3 UAS meets the conditions of FMRA Section 333, and wil l not require an airworthiness certificate in accordance with 14 CFR 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 hazar d 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 the 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 t he 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 a 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 s ecurity; 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 stablish requirements for the safe operation of such aircra ft systems in the national airspace system.

In seeking this exemption, BDA submits that the DJI P3 UAS can operate safely in the NAS pursuant to FMRA Section 333, as demonstrated by: (a) the characteristics of the DJI P3 UAS; (b) the pilot certification requirement; and (c) the specific operating limitations.

**a. The Specifications Of The DJI Phantom 3 UAS Demonstrate Its Safe Characteristics.**14 The DJI P3 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 Specification Of The DJI Phantom 3 UAS** 

**.**

The technical specifications of the DJI P3 UAS are set forth by the DJI P3 Specifications and Data Sheet, attached hereto as Appendix A.

**ii. The DJI Phantom 3 UAS Autonomous Flight And Navigation Modes Enable The UAS To Remain Within A Defined Operation Area.** 

The DI P3 UAS may be operated in both manual and fully autonomous flight modes. A complete description of the flight and navigational modes of the DJI P3 UAS is provided on pages
11

- 14 of the DJI P3 User Manual, attached hereto as Appendix B.

**iii. The DJI Phantom 3 UAS Is Designed For Automatic Return To Home Point**

**Or Hover In The Event Of Loss Of The Control Link Or Navigation.** 

When the Control Link is lost, the DJI P3 UA will remain stationary, in flight, for 3 seconds or more. If, after 3 seconds, the DJI P3 UA does not reacquire control link data from the GCS, the UA

will assume that the Control Link 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 3 UAS is set forth on pages 12

- 14 of the DJ I P3 User Manual , attached hereto as Appendix B.

**b. Flight Operations Of DJI Phantom 3 UAS Are Limited To The Line Of Sight Of A Certificated PIC With A Safety Observer.** 

Toren Hall is actively training to certify as a private pilot, and BDA 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 P3 UAS. Additionally, a safety observer will assist all pilots during flight

time.

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

Limitations.

In seeking this exemption, BDA proposes to commercially operate the DJI P3 UAS for the special purpose of conducting aerial video and photography over certain areas of United States,

pursuant to t he following specific operating limitations:

1. Operations authorized by this grant of exemption will be limited to the following aircraft described in the operating documents, rotorcraft UAS weighing less than 55 pounds maximum gross weight: DJI Phanto m 3 UAS. 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, photography, and cinematography.

3. The UA may not be flown at an indicated airspeed exceeding 20 knots.15 4. The UA must be operated at an altitude of no more than 400 feet above ground level (AGL), as indicated by the procedures specified in the operating documents unl ess a special request is made and approved by ATC. All altitudes reported to ATC must be in

feet AGL.

5. The UA 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. 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 dur ation of the flight. The PIC must ensure that the SO can perform the functions prescribed in the operating documents.

7. 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 instruments.

8. The operating documents and the grant of exemption must be accessible during UAS operations and made available to the Administrator upon request. If a discrepancy exists between the conditions and limitations contained in the grant of exemption and the procedures outlined in the operating documents, the conditions and limitations contained in the grant of exemption take precedence and must be followed. Otherwise, the operator must follow the procedures as outlined in its operating documents. The operator may update or revise its operating documents. It is the operator’s responsibility to track such revisions and present updated and revised documents to the

Admini strator upon request. The operator must also present updated and revised documents if it petitions for extension or amendment to the grant of exemption. If the operator determines that any update or revision would affect the basis upon which the FAA gran ted the exemption, then the operator must petition for amendment to its 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

amendme nt 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.

9. Prior to each flight the PIC must inspect the UAS to ensure that it is in a conditi on 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.

10. Any UAS that has undergone maintenance or alterations that affect the UAS operation or flight characteristics, e.g. replacement of a flight critical component, must undergo a functional test flight. The PIC who conducts the functional test flight mus t make an entry in the aircraft records.16 11. 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.

12. The opera tor must follow the UAs manufacturer’s aircraft/component, maintenance, overhaul, replacement, inspection, and life limit requirements.

13. 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 per son returning the UAS to service.

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

Bulletins.

15. The authorized person must make an entry in the aircraft record of the corrective action taken against discrepancies di scovered between inspections.

16. The PIC must possess at least a sport pilot certificate and at least a current third

- class

medical certificate.

17. The operator may not permit any PIC to operate unless the PIC meets the operator’s qualification criteria and demonstrates the ability to safely operate the UAS in a manner consistent with how the UAS will be operated under the exemption, including ev asive 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 CFR § 61.51(b). Flights for the purposes of training the

oper ator’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 operati ons are considered nonparticipants, and the PIC must operate the UA with appropriate distance from nonparticipants in accordance with 14 CFR §91.119.

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

19. T he UA may not operate within 5 nautical miles of an airport reference point as denoted

on a current FAA

- published aeronautical chart unless a letter of agreement with that airport’s management is obtained, and the operation is conducted in accordance with a NOTAM as required by the operator’s COA. The letter of agreement with the airport management must be made available to the Administrator upon request.

20. 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.17 21. If the UA loses communications or loses its GPS signal, it must return to a predetermined location within the planned operating area and land or be recovered in

accordance with the o perating documents.

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

23. The PIC is prohibited from beginning a flight unless (considering wind and forecast

weather condi tions ) there is enough power to fly at normal cruising speed to the intended landing point and land the UA with 25% battery power remaining.

24. The operator must obtain an Air Traffic Organization (ATO) issued Certificate of Waiver or Authorization (COA ) prior to conducting any operations under the grant of exemption. This COA will also require the operator to request a Notice to Airman (NOTAM) not more than 72 hours in advance, but not less than 48 hours prior to the 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.

25. All aircraft operated in accordance with the COA exemption must be identified by serial

numb er, registered in accordance with 14 CFR part 47, and have identification (N

number) markings in accordance with 14 CFR part 45, Subpart C. Markings must be as large as practicable.

26. Before conducting operations, the radio frequency spectrum used for operation and control of the UA must comply with the Federal Communications Commission (FCC) or other appropriate government oversight agency requirements.

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

and act ivities at all times.

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

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

a. Barriers or structures are present that sufficiently protect nonparticipating persons from the UA and/or debris in the event of an accident. The operator must ensure that nonparticipating persons remain under such protection. If a situation arises 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 vessels, vehicles or st ructures 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 close to those objects and determined that it does not present an undue hazard, and;18 c. O perations nearer to the PIC, SO, operator trainees or essential persons do not present an undue hazard to those persons per § 91.119(a).

30. All operations shall be conducted over private or controlled

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

to be conducted.

31. Any incident, accident, or flight operation that transgresses the lateral or vertical

bound aries 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 contained on the

N TSB 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.** 

BDA submits that the equivalent level of safety established by Section 61. 113(a) and (b) will be maintained because no PIC will be allowed to operate the DJI Phantom 3 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 in a manner consistent with the exemption, including evasive and emergency maneuvers and maintaining appropriate distances from people, vessels, vehicles,

and structures.

Considering BDA’s proposed area of operations, and the operating limitations set forth

a bove; 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 P3 UAS, BDA submits that the additional manned airmanship experience of a commercially certificated pilot would not correlate to the airmanship skills necessary for BDA’s specific proposed flight operations.

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

cir cumstances similar, in all material respects, to those presented herein (e.g. Exemption Nos. 11062, 11063, 14519, 11064, 11065, 11066, 11067, 11080, 11109, 11110, 11112, 11136, 11138, 11150, 11153, 11156, 11158, 11159, 11160, 11161 , 14519 ).

BDA will not allow any PIC to operate the DJI 3 UAS unless that PIC has demonstrated, by meeting minimum flight

- hour requirements or the DJI P3 UAS training and currency requirements, that the PIC is able to safely operate the DJI P3 UAS in a manner consistent with thi s 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 CFR § 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 takeoff s and landings in the preceding 90 days (for currency purposes).

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 safety19 during BDA’s proposed operations. The Administrator has held that prior documented flight experience that was obtained incompliance with applicable regulations would ensure safe operations, stating as follows:

In Exemption No. 11062, the FAA required that pri or 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 hou rs 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, 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 ho urs of UAS rotorcraft time. In addition to the hour requirements, the PIC must accomplish 3 takeoffs and landings in the preceding 90 days (for currency purposes). The FAA finds that at a minimum, the flight

- hour requirements in Exemption

No. 11062 are a ppropriate 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 t he PIC is required to operate the UA with appropriate distances in accordance with 14 CFR 91.119.

Exemption No. 11138 at page 15.

Accordingly, BDA will ensure safe operations by not allowing any PIC to operate the DJI

Phantom 3 UAS unless that PIC has d emonstrated, by meeting minimum flight

- hour and currency requirements, that the PIC is able to safely operated the DJI P3 UAS in a manner consistent with the exemption, including evasive and emergency maneuvers and maintaining appropriate distances from pe ople, 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 fligh t, BDA will ensure that the DJI P3 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 Section 91.7 (a) specific to UAS, in circumstances similar, in all material respects, to those presented herein (e.g. Exemption Nos. 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110, 11112, 11136, 11138, 11150, 11153, 11156, 11157, 11158, 11159, 11160, 111 61, 14519).

The equivalent level of safety established by Section 91.121 will be maintained because the altitude information of the DJI P3 UA will be provided to the PIC via GPS equipment and a radio

**4. Reasons Why An Exemption From The Requirements Of Section 91.121 Would Not**  **Adversely Affect Safety.**20 The equivalent level of safety established by Section 91.121 will be maintained because the altitude information of the DJI P3 UA will be provided to the PIC via GPS equipment and a radio

communication s 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 BDA’s operation of the DJI P3 UA within visual line of sight, at or below 500 ft. AGL, will ensur e 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, 11110, 11112, 11136, 1113 8, 11150, 11153, 11156, 11157, 11158, 11159, 11160, 11161, 14519).

**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 establish ed by 14 CFR Section 91.151(b) as a result of (1) the technical specifications of the DJI Phantom 3 UAS; (2) the limitations on the proposed flight operations; and (3) the location of the proposed flight operations. Accordingly, BDA will ensure that it wi ll safely operate the battery powered DJI P3 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.

Here, as in Exemption No. 11109, the technical specifications of the DJI P3 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 CFR Section 91.151(b). Furthermore, safety will be ensured as the DJI P3 UAS provides audible and visual warnings to the PIC at the GCS when the UA experiences low battery voltage, the first warning occurring at approximately 33% remaining battery p ower, and again at approximately 10% remaining battery power. At the critically low battery level, the DJI P3 will descend and land automatically.

Significantly, previous exemptions granted by the FAA concerning Section 91.151 establish that safety is n ot 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, 574 5, 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, 11 066, 11067, 11080, 11109, 11110, 11112, 11136, 11138, 11150, 11153, 11156, 11157, 11158, 11159, 11160, 11161, 14519).

**6 . Reasons Why An Exemption From The Requirements Of Section**  **s 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, BDA 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), a nd 91.417(a) & (b) will be met because BDA will used trained21 technicians to perform maintenance, alterations, or preventive maintenance on the UAS using the methods, techniques, and practices prescribed in the operating documents (i.e. the BDA Operations

Manu al, Monthly Maintenance Log, and DJI Phantom 3 Instruction Manual). Furthermore, BDA will document and maintain all maintenance records for the DJI P3 UAS.

Since the DJI P3 UAS will be inspected as prescribed by the operating documents, BDA will

maintai n 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 P3 User Manual is attached hereto as Append ix B ; a copy of the DJI P3 UAS Maintenance Log is attached hereto as Appendix C.

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

Fu rthermore, the exemption sought would maintain an equivalent level of safety established by Sections 91.407, 91.417(a) and 91.417(b), because all maintenance of the DJI P3 UAS will be performed by trained technicians. Maintenance will be documented and ma intained utilizing the monthly maintenance log.

Significantly, previous exemptions granted by the FAA concerning Sections 91.405(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 technic al characteristics and operating limitations of the UAS are considered.

In consideration of BDA’s proposed operating limitations, the operating documents, and the technical aspects of the DJI P3 UAS, BDA submits that safety will not be adversely affected by granting exemption from 14 CFR 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, 11109, 11110, 11112, 11136, 11138, 11150, 11153, 11156, 11157, 11158, 11159, 11160, 11161, 14519).

**7**

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

In accordance with Sec tion 333 of the FAA Modernization and Reform Act of 2012 (FMRA) and 14 CFR § 21.16 entitled Special Conditions, BDA requests that the FAA prescribe special conditions for the intended operation of the DJI P3 UAS, which contain such safety standards that

th e Administrator finds necessary to establish a level of safety equivalent to that established by 14 CFR Part 21, Subpart H, and 14 CFR §§ 61.113(a) & (b), 91.7 (a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) and (a)(2), and 91.417 (a) and (b) . Such special conditions will permit safe operation of the UA 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 consideri ng 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 th at must be established for the safe operation of the UAS in the NAS.

Likewise, the Administrator may prescribe special conditions pursuant to 14 CFR § 21.16, for operation of the DJI P3 UAS, since the airworthiness regulations of 14 CFR Part 21 do not

co ntain 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:22 If the FAA finds that the airworthiness regulations of this subchapter do not co ntain 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 produc t. 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 th e regulations.

See 14 CFR § 21.16

Therefore, in accordance with FMRA Section 333 and 14 CFR § 21.16, the FAA may prescribe special conditions for Toren Hall, with BDA intended operation of the DJI P3 UAS, which contain such safety standards that the Adm inistrator finds necessary to establish a level of safety equivalent to that established by 14 CFR Part 21, Subpart H, and 14 CFR Sections 61.113(a) & (b), 91.7 (a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) and (a)(2), and 91.417 (a) and (b ).

**F. A Summary That Can Be Published In The Federal Register, stating: The Rules From Which Black Dragon Aerial Seeks Exemption:** 

Black Dragon Aerial seeks exemption from the requirements of 14 CFR 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 Black Dragon Aerial Seeks:** This exemption will permit Black Dragon Aerial to commercially operate an Unmanned Aircraft System (UAS) for the purpose of conducting aerial video, photography and cinematography including photo and/or video for television, public events, newsgathering, real estate and land surveying over certain areas of the United States. As well as assist with company promotional videos and training demonstrations for UAS operations.

**G. Any Additional Information, Views, Or Arguments Available To Support Black Dragon Aerial’s Request.** 

This Petition is made pursuant to the FAA Moderni zation 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, BDA’s request for exemption may be granted pursuant to the authority

of FMRA Section 333 an d 14 CFR 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, BDA will operate the DJI Phantom 3 UAS safely in the NAS, without creating a hazard to users of the NAS, or the public, or otherwise pose a threat to national

secu rity.23 **CONCLUSION**

As set forth herein, Black Dragon Aerial seeks an exemption pursuant to 14 CFR § 11.61 and Section 333 of the FAA Modernization and Reform Act of 2012 (FMRA), which will permit safe operation of the DJI Phantom 3 UAS commercially, with out 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 FMRA, while also advancing the interests of the public, by allowing Black Dragon Aerial to safely, efficiently, and economically operate the DJI Phantom 3 UAS commercially within the NAS.

**WHEREFORE** , in accordance with the Federal Aviation Regulations and the FMRA, Section 333, Black Dragon Aerial respectfully requests that the Administrator grant this Petition for an exemption from the requirements of 14CFR 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 Toren Hall to operate the DJI Phantom 3 UAS commercially for the purpose of conducting aerial video and photography over certain areas of the United States.

Dated: February 19 th , 2016

Respectfully submitted,

Black Dragon Aerial

Toren Hall Black Dragon LLC

975 Connell Street Mechanicsburg, PA 17055 (717) 440

- 5010 blackdragonaerial@outlook.com24 APPENDIX

– A

DJI Phantom 3 Professional Specifications© 2015 DJI. All Rights Reserved. 53 

### Appendix

Specifications

Aircraft

Weight (Battery &

Propellers Included) 1280 g

Max. Ascent Speed 5 m/s

Max. Descent Speed 3 m/s

Max. Speed 16 m/s (ATTI mode, no wind)

Max. Flight Altitude 6000 m

Max. Flight Time Approximately 23 minutes

Operating Temperature 0°C to 40°C

GPS Mode GPS/GLONASS

Gimbal

Controllable Range Pitch: - 90° to + 30°

Vision Positioning

Velocity Range < 8 m/s (2 m above ground)

Altitude Range 30 cm-300 cm

Operating Range 30 cm-300 cm

Operating Environment Brightly lit (lux > 15) patterned surfaces

Camera

Sensor Sony EXMOR 1/2.3” Effective pixels:12.4 M (total pixels: 12.76 M)

Lens FOV 94° 20mm(35mm format equivalent ) f/2.8

ISO Range 100-3200(video) 100-1600(photo)

Electronic Shutter Speed 8s -1/8000s

Image Max. Size 4000 x 3000

Still Photography Modes Single shoot

Burst shooting: 3/5/7 frames

Auto Exposure Bracketing (AEB): 3/5

bracketed frames at 0.7EV Bias

Time-lapse

Supported SD Card Types Micro SD

Max. capacity: 64 GB. Class 10 or UHS-1 rating required

Video Recording Modes UHD : 4096x2160p 24/25, 3840x2160p24/25/30

FHD:1920x1080p 24/25/30/48/50/60

HD:1280x720p 24/25/30/48/50/60

Max. Bitrate Of Video

Storage 60 Mbps

Supported File Formats FAT32/exFAT

Photo: JPEG, DNG

Video: MP4/MOV (MPEG-4 AVC/H.264)

Operating Temperature

Range 0°C to 40°C54 © 2015 DJI. All Rights Reserved. Remote Controller

Operating Frequency 2.400 GHz-2.483 GHz

Transmitting Distance 2000 m (Outdoor And Unobstructed)

Video Output Port USB

Operating Temperature Range 0°C- 40°C

Battery 6000 mAh LiPo 2S

Mobile Device Holder Tablets and smartphones

Transmitter Power(EIRP) FCC: 20 dbm; CE:16 dbm

Working Voltage 1.2 A @7.4 V

Charger

Voltage 17.4 V

Rated Power 100 W

Intelligent Flight Battery ( PH3-4480 mAh-15.2 V )

Capacity 4480 mAh

Voltage 15.2 V

Battery Type LiPo 4S

Energy 68 Wh

Net Weight 365 g

Operating Temperature -10°C- 40°C

Max. Charging Power 100 W

Aircraft Status Indicator Description

Normal

Red, Green and Yellow Flash Alternatively Turning on and Self-Checking

Green and Yellow Flash Alternatively Aircraft Warming Up

Green Flashes Slowly Safe to Fly (P-mode with GPS and Vision Positioning)

X2 Green Flashes Twice Safe to Fly (P-mode with Vision Positioning but without GPS)

Yellow Flashes Slowly Safe to Fly (A-mode but No GPS and Vision Posi

tioning)

Warning

Fast Yellow Flashing Remote Controller Signal Lost

Slow Red Flashing Low Battery Warning

Fast Red Flashing Critical Battery Warning

Red Flashing Alternatively IMU Error

— Solid Red Critical Error

Red and Yellow Flash Alternatively Compass Calibration Required© 2015 DJI. All Rights Reserved. 55 Intelligent Orientation Control (IOC)

IOC allows users to lock the control orientation of aircraft in different modes. There are three working
modes for IOC that can be selected in the DJI Pilot app. IOC only works when the aircraft is in F-mode,
therefore the user must toggle the flight mode switch to activat e IOC. Refer to the table below:

Course Lock (CL) The nose direction, at the time that CL is set, will remain the forward direction
regardless of how the orientation and position of the aircraft changes. This will
remain fixed until you reset it or exit CL mode.

Home Lock (HL)* Record a Home Point (HP) and enter HL mode. The forward and backward

controls will move the aircraft farther from and closer to the established Home
Pont, regardless of how the orientation and position of the aircraft changes.

Point of Interest (POI)* Point of Interest. Record a point of interest (POI). The aircraft can then circle
around the POI and the nose will always points toward the POI.

*Home Lock and Point of Interest feature are coming soon.

IOC Requirements

IOC is only available under the following conditions:

Modes IOC GPS enabled GPS counts Flight Distance Limits

Course Lock No None None

Home Lock Yes Aircraft ≥10m Home Point

POI Yes Aircraft 5m~500m Point of Interest

Using IOC

Toggle the Flight Mode Switch F-mode and follow the instructions prompted on the DJI Pilot app to select

the desired IOC mode.APPENDIX

– B

DJI Phantom 3 Professional Manufacturer’s User Manual

(User Manual Provided As a Separate Document)APPENDIX

– C

MONTHLY MAINTENANCE LOG

UAS: $______ Date Issue

Discovered Date Issue

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

Software (Updates)

Airframe

Engines

Propellers

Camera (Gimbal)

Landing (Gear)

Vibration (Dampening)

Other: