UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

FEDERAL AVIATION ADMINISTRATION

WASHINGTON, DC

Regulatory Docket No. _______________

IN THE MATTER OF THE PETITION FOR EXEMPTION OF:

Matthew D. Gambill FOR AN EXEMPTION SEEKING RELIEF FROM THE REQUIREMEN TS OF

TITLE 14 OF THE CODE OF FEDERAL REGULATIONS SECTIONS 61.113(a) & (b), 91.7(a), 91.121, 91.151(b ), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), AND 91.417(a) & (b) CONCERNI NG COMMERCIAL OPERATION OF DJI Inspire 1, and Phantom 3

UNMANNED AIRCRAFT SYSTEMS.

PURSUANT TO SECTION 333 OF THE FAA MODERNIZATION AND REFORM ACT OF 2012

(PUBLIC LAW 112-95)

Submitted on June 1, 2015

MATTHEW D. GAMBILL 8008 Exploration Ave. Las Vegas, NV. 89131 (725) 400-6677 gambill.matt@gmail.comTABLE OF CONTENTS

Page

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

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

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

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

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

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

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THE SPECIFIC SECTIONS OF 14 C.F.R. FROM WHICH MATTH EW D. GAMBILL SEEKS EXEMPTION..........................................

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THE EXTENT OF RELIEF MATTHEW D. GAMBILL SEEKS AND T HE REASON MATTHEW D. GAMBILL SEEKS THE
RELIEF............................................................................................................. ....11

THE REASONS WHY GRANTING MATTHEW D. GAMBILL REQUEST WOULD BE IN THE PUBLIC INTEREST

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

THE REASONS WHY GRANTING THE EXEMPTION WOULD NOT AD VERSELY AFFECT SAFETY......................................

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SUMMARY THAT CAN BE PUBLISHED IN THE FEDERAL REGIST ER................................................3 2

ANY ADDITIONAL INFORMATION, VIEWS, OR ARGUMENTS AVA ILABLE TO SUPPORT MATTHEW D. GAMBILL REQUEST.............................................. ............................................32CONCLUSION.........................................

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Attachments explanation.................................................................................... ............................34

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 Administration FAR Federal Aviation Regulation GCS Ground Control Station GPS Global Positioning System LOL Loss of Link NAS National Airspace System NOTAM Notice to Airman PIC Pilot In Command Section 333 FAA Mod and Reform Act of 2012 (FMRA) Section 333 SO Safety Observer SOP Standard Operating Procedures UAV Unmanned Aircraft Vehicle UAS Unmanned Aircraft System VFR Visual Flight Rules VLOS Visual Line of Site VMC Visual Meteorological Conditions VTOL Vertical Takeoff and Landing

SUMMARY
MATTHEW D. GAMBILL seeks exemption from the requir ements 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 pursuan t to Section 333 of the FAA Modernization and Reform Act of 2012 (FMRA). This e xemption will permit MATTHEW D. GAMBILL to operate an Unmanned Aircraft System (UAS ) for the commercial purpose ofconducting aerial video and photography of construc tion sites, real estate, and landscape

over certain areas of the United States.

INTRODUCTION AND INTERESTS OF THE PETITIONER
MATTHEW D. GAMBILL provides his clients with expert ise and knowledge in advanced aerial technologies. MATTHEW D. GAMBILL has thousan ds of hours flying experience. He has over 5 years of recreational/hobby experience a nd aerial video and photography. In addition to his experience with UAS MATTHEW D. GAMB ILL is also a Licensed Real Estate Agent in the state of Nevada. The objective of MATT HEW D. GAMBILL and his aerial operations is to provide high quality imaging for a variety of commercial, public, and residential uses, specifically targeting:

• Real-estate marketing

• Construction sites before and after

• Appraisals
• Motion Picture Filming
• Aerial acquisitions for inspections of public an d private structures.
• Building Inspection operations

BACKGROUND
Unmanned Aircraft Systems: DJI Phantom 3, DJI Inspi re 1
MATTHEW D. GAMBILL seeks an exemption to operate DJ I systems for compensation or hire within the NAS. The DJI Inspire 1, and DJI Pha ntom 3 are vertical takeoff and landing (VTOL) Unmanned Aircraft (UA) with a Ground Control Station (GCS) utilizing electronic tablet or smart phone systems.
The DJI Inspire 1 has a maximum gross weight of app roximately 7 pounds, with a length of 17 inches and a width of 18 inches and a height of 10 inches and a maximum speed of approximately 30 knots.DJI Phantom 3 has a maximum gross weight of 6 pound s 7.5 ounces, a length of 17.3

inches, width of 17.7 inches, height of 11.8 inches , and a maximum speed of approximately 30 knots.

The DJI Inspire 1 and DJI Phantom 3 are equipped wi th four main rotors; driven by Lithium Polymer battery powered electric motors.

The DJI Inspire 1, and DJI Phantom 3 will be opera ted by MATTHEW D. GAMBILL and will be registered in accordance with 49 U.S.C. 44103, Registration of Aircraft , as well as 14 C.F.R Part 47, Aircraft Registration , and marked in accordance with 14 C.F.R. Part 45, Identification and Registration Marking

.

BASIS FOR PETITION
Petitioner, MATTHEW D. GAMBILL , pursuant to the pr ovisions of the Federal Aviation Regulations (14 C.F.R. § 11.61) and the FAA Moderni zation and Reform Act of 2012 (FMRA), Section 333, Special Rules for Certain Unmanned Aircraft Systems , hereby petitions the Administrator to commercially operate the DJI I nspire 1 and DJI Phantom 3 UASs in the National Airspace System (NAS), and for an exem ption 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 li mited operating area associated with the unmanned aircraft and its operation, MATTHEW D. GAM BILL operation DJI Inspire 1 and DJI Phantom 3 UASs meets the conditions of FMRA Sec tion 333 and therefore, will not require an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H.
Accordingly, MATTHEW D. GAMBILL requests relief fr om Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b), as thes e sections set forth requirements for maintenance that only apply to aircraft with an air worthiness certificate.

MATTHEW D. GAMBILL submits that the requested relie f is proper since an equivalent level of safety will be ensured. MATTHEW D. GAMBILL will use experienced personnel or technicians to perform maintenance, alterations, or preventive maintenance on the UASs using the methods, techniques, and practices prescr ibed in the operating documents (i.e., Monthly Maintenance Log, and DJI Inspire 1 and DJI Phantom 3 UASs Instruction Manual). Furthermore, MATTHEW D. GAMBILL will document and m aintain all maintenance records for the DJI Inspire 1 and DJI Phantom 3 UASs.
Relief from certain requirements of Section 61.113( a) and (b), entitled Private pilot privileges and limitations: Pilot in command , is requested by MATTHEW D. GAMBILL to theextent necessary to allow a Pilot in Command (PIC) with significant experience in the field

of UAV’s and who has demonstrated, by meeting minim um flight- hour and currency requirements, that the PIC is able to safely operat e the DJI Inspire 1 and DJI Phantom 3 UASs in a manner consistent with this exemption, in cluding evasive and emergency maneuvers and maintaining appropriate distances fro m people, vessels, vehicles and
structures.

MATTHEW D. GAMBILL seeks relief from Section 91.7(a ), entitled Civil aircraft airworthiness , because the DJI Inspire 1 and DJI Phantom 3 UASs do not require an airworthiness certificate in accordance with 14 C.F .R. Part 21, Subpart H. As such, MATTHEW D. GAMBILL submits that he will ensure the DJI Inspire 1 and DJI Phantom 3 UASs are in an airworthy condition, prior to every flight, by determining that the UASs are in compliance with the operating documents (i.e., M onthly Maintenance Log, and DJI Inspire 1 and DJI Phantom 3 UASs Instruction Manual ), and that the aircraft are in a condition for safe flight.
MATTHEW D. GAMBILL also seeks an exemption from the requirements of Section 91.121, entitled Altimeter Settings , as the DJI Inspire 1, DJI Inspire 1 and DJI Phant om 3 UAS will not have a typical barometric altimeter onboard. Ho wever, altitude information of the DJI Inspire 1 and DJI Phantom 3 UASs will be provided t o the PIC via Global Positioning System (GPS) equipment and radio communications tel emetry data link, which downlinks from the UA to the GCS for active monitoring of the flight path. This altitude information, combined with Matthew D. Gambill’s operation of the DJI Inspire 1 and DJI Phantom 3 UASs within visual line of sight, at or below 400 f eet AGL, will ensure a level of safety equivalent to Section 91.121.
Additionally, MATTHEW D. GAMBILL seeks an exemption from the requirements of Section 91.151(b), entitled Fuel requirements for flight in VFR conditions . MATTHEW D. GAMBILL submits that safety will not be affected by operati on of the DJI Inspire 1 and DJI Phantom 3 UASs during daylight hours in visual meteorologic al conditions (VMC) under visual flight rules (VFR), with enough battery power to fly for a total duration of approximately 15 minutes to the first point of intended landing and, assuming normal cruising speed, to fly after that for at least 5minutes.

In accordance with 14 C.F.R. § 11.81, MATTHEW D. GA MBILL provides the following information in support of its petition for exemptio n: A. Name and Address of the Petitioner.
The name and address of the Petitioner and point of contact is:

### Matthew D. Gambill

8008 Exploration Ave. Las Vegas, NV. 89131 Gambill.matt@gmail.com (725) 400-6677

B. The Specific Sections of 14 C.F.R. From Which MA TTHEW D. GAMBILL Seeks Exemption.

1. MATTHEW D. GAMBILL Seeks Exemption from the Requ irements of Section 61.113(a) and (b).
Section 61.113, entitled Private pilot privileges a nd limitations: Pilot in command

, subsections (a) and (b) prescribe the following, in relevant part:
(a) No person who holds a private pilot certificate may act as a pilot in command (PIC) of an aircraft that is carrying passe ngers or property for compensation or hire; nor may that person, for comp ensation or hire, act as PIC of an aircraft.
(b) A private pilot may, for compensation or hire, act as PIC of an aircraft in connection with any business or employment if—
(1) The flight is only incidental to that business or employment; and
(2) The aircraft does not carry passengers or prope rty for compensation or hire.

2. MATTHEW D. GAMBILL Seeks Exemption From The Requ irements 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 i t is in an airworthy condition.

3. MATTHEW D. GAMBILL Seeks Exemption From The Require ments Of Section 91.121.Section 91.121, entitled Altimeter settings, subsec tion (a), states the following, in part:
(a) Each person operating an aircraft shall maintai n the cruising altitude or flight level of that aircraft, as the case may be, by reference to an altimeter that is set, when operating--

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

(i) The current reported altimeter setting of a sta tion along the route and within 100 nautical miles of the aircraft;
(ii) If there is no station within the area prescri bed in paragraph (a)(1)(i) of this section, the current reported altimeter set ting 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. MATTHEW D. GAMBILL Seeks Exemption From The Require ments Of Section 91.151(b).

Section 91.151, entitled Fuel requirements for flight in VFR conditions , subsection

(b), states the following:

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

5. MATTHEW D. GAMBILL Seeks Exemption From The Require ment 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 prescribe d in subpart E of this part and shall between required inspections, except as provi ded in paragraph (c) of this section, have discrepancies repaired as prescribed in part 43 of this chapter[.]
6. MATTHEW D. GAMBILL Seeks Exemption from the Requ irements of Section 91.407(a)(1)

Section 91.407, entitled Operation after maintenance, preventive maintenance

, rebuilding, or alteration

, subsection (a)(1), states the following:
(a) No person may operate any aircraft that has und ergone maintenance, preventive maintenance, rebuilding, or alteration u nless--
(1) It has been approved for return to service by a person authorized under § 43.7 of this chapter[.]
7. MATTHEW D. GAMBILL Seeks Exemption from the Requ irements of Sections 91.409(a)(1) and 91.409(a)(2).

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

(a) Except as provided in paragraph (c) of this sec tion, no person may operate an aircraft unless, within the preceding 12 calenda r 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 aut horized by § 43.7 of this chapter; or
(2) An inspection for the issuance of an airworthin ess certificate in accordance with part 21 of this chapter.
8. MATTHEW D. GAMBILL Seeks Exemption from the Requ irements of Sections 91.417(a) and 91.417(b).

Section 91.417, entitled Maintenance records , subsections (a) and (b), state the following:
(a) Except for work performed in accordance with §§ 91.411 and 91.413, each registered owner or operator shall keep the followi ng records for the periods specified in paragraph (b) of this section:(1) Records of the maintenance, preventive maintena nce, and alteration and records of the 100-hour, annual, progressive, and o ther required or approved inspections, as appropriate, for each airc raft (including the airframe) and each engine, propeller, rotor, and ap pliance of an aircraft. The records must include--
(i) A description (or reference to data acceptable to the Administrator) of the work performed; and
(ii) The date of completion of the work performed; and

(iii) The signature and certificate number of the p erson 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 ea ch airframe, engine, propeller, rotor, and appliance.

(iii) The time since last overhaul of all items ins talled on the aircraft which are required to be overhauled on a specified time basis.
(iv) The current inspection status of the aircraft, including the time since the last inspection required by the inspectio n program under which the aircraft and its appliances are maintaine d.
(v) The current status of applicable airworthiness directives (AD) and safety directives including, for each, the method o f compliance, the AD or safety directive number and revision date. If th e AD or safety directive involves recurring action, the time and d ate when the next action is required.
(vi) Copies of the forms prescribed by § 43.9(d) of this chapter for each major alteration to the airframe and currently inst alled engines, rotors, propellers, and appliances.
(b) The owner or operator shall retain the followin g records for the periods prescribed:(1) The records specified in paragraph (a)(1) of th is section shall be retained until the work is repeated or superseded by other w ork or for 1 year after the work is performed.
(2) The records specified in paragraph (a)(2) of th is section shall be retained and transferred with the aircraft at the time the a ircraft is sold.
(3) A list of defects furnished to a registered own er or operator under § 43.11 of this chapter shall be retained until the d efects are repaired and the aircraft is approved for return to service.

C. The Extent Of Relief MATTHEW D. GAMBILL Seeks An d The Reason MATTHEW D. GAMBILL Seeks The Relief.

1. Extent Of Relief MATTHEW D. GAMBILL Seeks And Th e Reason MATTHEW D. GAMBILL 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 P IC holding a private pilot or higher level certificate, as well as a current and valid airman medical certificate, and who has met certain flight-hour and currency requiremen ts, 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 on ly incidental to that business or employment; and (2) The aircraft does not carry pas sengers or property for compensation or hire.
As set forth more fully below, MATTHEW D. GAMBILL s ubmits that an equivalent level of safety will be maintained because no PIC will be al lowed to operate the DJI Inspire 1, or DJI Phantom 3 UAS unless that PIC has met certain f light-hour and currency requirements, demonstrating that the PIC is able to safely operat e either the DJI Inspire 1, or DJI Phantom 3 UAS in a manner consistent with the opera tions specifications as described in this exemption, including evasive and emergency man euvers, as well as maintaining appropriate distances from people, vessels, vehicle s and structures.
Further, MATTHEW D. GAMBILL submits that all flight s of DJI Inspire 1 and DJI Phantom 3 UASs, conducted by the PIC pursuant to the grant of this Petition: (1) will be incidental to MATTHEW D. GAMBILL business; and (2) will not carry passengers or property for compensation or hire.2. Extent Of Relief MATTHEW D. GAMBILL Seeks And Th e Reason MATTHEW D. GAMBILL 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 MATTHEW D. GAMBILL to determine t hat the DJI Inspire 1 and DJI Phantom 3 UASs are in airworthy condition prior to every flight by ensuring that the UAS is in compliance with the operating documents (i.e. , the MATTHEW D. GAMBILL Aerial Operations Manual, Monthly Maintenance Log, and DJI Inspire 1 and DJI Phantom 3 UASs Instruction Manual).
MATTHEW D. GAMBILL seeks the requested relief becau se the DJI Inspire 1 and DJI Phantom 3 UASs do not require an airworthiness cert ificate in accordance with 14 C.F.R. Part 21, Subpart H. Therefore, MATTHEW D. GAMBILL w ill ensure that the DJI Inspire 1 and DJI Phantom 3 UASs are in airworthy condition based upon its compliance with the operating documents (i.e., Monthly Maintenance Log, and DJI Inspire 1 and DJI Phantom 3 UASs Instruction Manual) prior to every flight, and further, determine that the aircraft are in condition for safe flight, as stated in the cond itions and limitations below.

3. Extent Of Relief MATTHEW D. GAMBILL Seeks And Th e Reason MATTHEW D. GAMBILL Seeks Relief From Section 91.121

.

Relief from Section 91.121, entitled Altimeter sett ings, may be required to allow flight operations of the DJI Inspire 1 and DJI Phantom 3 U ASs, which utilize a barometric pressure sensor, GPS equipment, and a radio communi cations telemetry data link to downlink altitude information from the UA to the PI C at the ground control station (GCS). Since the FAA requires that any altitude informatio n concerning UAS operations be reported to air traffic control (ATC) in feet above ground level (AGL), MATTHEW D. GAMBILL seeks the requested relief because the DJI Inspire 1 and DJI Phantom 3 UASs 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 op erations, 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 eq uivalent level of safety will be maintained since the DJI Inspire 1 and DJI Phantom 3 UASs are equipped with a barometric pressure sensor and GPS equipment, which automatically ensures that aground level pressure setting will be established p rior 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 MATTHEW D. GAMBILL Seeks And Th e Reason MATTHEW D. GAMBILL Seeks Relief From Section 91.151 (b).

Relief from Section 91.151(b) entitled Fuel require ments for flight in VFR conditions, is requested to the extent required to allow flights o f the battery powered DJI Inspire 1 and DJI Phantom 3 UASs during daylight hours in visual meteorological conditions (VMC), under visual flight rules (VFR), for a total durati on of 15 minutes to the first point of intended landing and, assuming normal cruising spee d, to fly after that for at least 5 minutes. MATTHEW D. GAMBILL seeks the requested rel ief because without an exemption from Section 91.151(b), the flight time duration of the battery powered DJI Inspire 1 and DJI Phantom 3 UASs will severely constrain the prac ticality of any aerial video or still photo flight operations that MATTHEW D. GAMBILL proposes to conduct pursuant to this Petition.
Significantly, as set forth below, the technical sp ecifications of the DJI Inspire 1 and DJI Phantom 3 UASs operating documents, and MATTHEW D. GAMBILL proposed operating limitations, ensure that MATTHEW D. GAMBILL will sa fely operate the battery powered DJI Inspire 1 and DJI Phantom 3 UASs during daylight ho urs in visual meteorological conditions (VMC), under visual flight rules (VFR), with enough battery power to fly for a total duration of 15 minutes to the first point of intended landing and, assuming normal cruising speed, to fly after that for at least 5 mi nutes.

5. Extent Of Relief MATTHEW D. GAMBILL Seeks And Th e Reason MATTHEW D. GAMBILL Seeks Relief From Sections 91.40 5(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, MATT HEW D. GAMBILL requests relief from these Sections because the DJI Inspire 1 and DJI Ph antom 3 UASs do not require airworthiness certificates. As set forth more fully below, DJI Inspire 1 and DJI Phantom 3 UASs meet the conditions of FMRA Section 333 for op eration without an airworthiness certificate. Accordingly, MATTHEW D. GAMBILL will u se trained technicians to perform maintenance, alterations, or preventive maintenance on the UASs using the methods, techniques, and practices prescribed in the UAS ope rating documents (i.e., the MATTHEWD. GAMBILL Aerial Operations Manual, Monthly Mainte nance Log, and DJI Inspire 1 and

DJI Phantom 3 UASs Instruction Manual). Furthermore , MATTHEW D. GAMBILL will document and maintain all maintenance records for t he DJI Inspire 1 and DJI Phantom 3
UASs.
D. The Reasons Why Granting MATTHEW D. GAMBILL Requ est Would Be In The Public Interest; That Is, How It Would Benefit The Public As A Whole.

Granting the present Petition will further the publ ic interest by allowing MATTHEW D. GAMBILL to safely, efficiently, and economically pe rform aerial video and photography of construction sites, real estate, and landscape over certain areas of the United States.
Additionally, use of the DJI Inspire 1 and DJI Phan tom 3 UASs will decrease congestion of the NAS, reduce pollution, and provide significant benefits to the economy. Notably, the benefits of MATTHEW D. GAMBILL proposed operation o f the DJI Inspire 1 and DJI Phantom 3 UASs will be realized without implicating any privacy issues.
1. The Public Will Benefit From Decreased Congestio n Of The NAS.
DJI Inspire 1 and DJI Phantom 3 UASs are battery po wered and serve as a safe, efficient, and economical alternative to the manned aircraft t raditionally utilized to obtain aerial imagery. By reducing the amount of manned aircraft needed to perform aerial acquisitions, an exemption allowing the use of a DJ I Inspire 1 and DJI Phantom 3 UASs would reduce the amount of manned aircraft in the N AS, 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 aircr aft operating in the NAS, congestion around airports caused by arriving and d eparting aircraft will be reduced. The DJI Inspire 1 and DJI Phantom 3 UASs 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 b e handled by air traffic control during the ground, takeoff, departure, arrival, and landin g phases of flight operations.

2. The Public Will Benefit From The Safety And Effi ciency Of The DJI Inspire 1 and DJI Phantom 3 UASs
Conducting aerial acquisitions with the DJI Inspire 1 and DJI Phantom 3 UASs, 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 mot ors, the DJI Inspire 1 and DJI Phantom3 UAS produce no air pollution, and is the most via ble environmentally conscious

alternative to the cabin class, six cylinder intern al 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 I nspire and DJI Phantom 3 UAS, while reducing the carbon footprint of aerial acquisition s, also eliminates noise pollution, as the UAs are propelled by battery powered electric motor s, rather than an internal combustion engine.
By using the DJI Inspire 1 and DJI Phantom 3 UAS to perform aerial acquisitions, the substantial risk to life and property in the air an d on the ground, which is usually associated with traditional manned aircraft flight operations, will be substantially reduced or completely eliminated. Aside from the lack of fl ight crew members located onboard the aircraft, the DJI Inspire 1 and DJI Phantom 3 UASs( weighing approximately 6 pounds 7.5 ounces and 2 pounds 11 ounces respectively, at thei r maximum gross weights with lengths of 16 inches and 17.3 inches respectively, widths of 16 inches and 17.7 inches respectively, and with no fuel on board), has less physical potential for collateral damage to life and property on the ground, and in the air, compared to the manned aircraft that typically conduct similar operations (weighing appr oximately 6,000 pounds with a wingspan of approximately 42 feet, a length of 34 f eet, and a fuel capacity of 180 gallons).

3. Performing Aerial Video and Photography Operatio ns With The DJI Inspire 1 and DJI Phantom 3 UAS will Benefit The Ec onomy.

In addition to being safe and efficient, the DJI In spire 1 and DJI Phantom 3 UASs are also an economical alternative to using manned aircraft to conduct similar aerial operations. As such, operation of the DJI Inspire 1 and DJI Phanto m 3 UAS will allow United States based companies, like MATTHEW D. GAMBILL, to remain compe titive 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 Inspire 1 and DJI Phantom 3 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 a ircraft.
By operating the DJI Inspire 1 and DJI Phantom 3 UA Ss, companies such as MATTHEW D. GAMBILL can remain competitive and profitable, and therefore, provide greater job stability to employees and contractors, which will ultimately contribute to growth of theU.S. economy. Improved financial performance of U.S . companies, through commercial use

of the DJI Inspire 1 and DJI Phantom 3 UAS, provide s a stable workforce that increases consumer spending; improves local, state, and feder al tax revenues; and allows companies to invest in research and development in order to r emain competitive both in the United States and abroad.
4. There Are No Privacy Issues.
Similar to the manned aerial acquisition flight ope rations that have been conducted for decades, MATTHEW D. GAMBILL proposed operation of t he DJI Inspire 1 and DJI Phantom 3 UASs will not implicate any privacy issues. Speci fically, the DJI Inspire 1 and DJI Phantom 3 UAS will be operated only in compliance with oper ating documents (i.e., the MATTHEW D. GAMBILL Aerial Operations Manual, Monthly Mainte nance Log, and Instruction Manual) which requires property owner involvement a s well as local law enforcement notification, and in accordance with the Federal Av iation 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 MATTHEW D. GAMBILL Seeks Exemption.

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

In consideration of the size, weight, speed, and li mited operating area associated with the unmanned aircraft and its operation, MATTHEW D. GAM BILL operation of the DJI Inspire 1 and DJI Phantom 3 UAS meet the conditions of FMRA S ection 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 U AS will create a hazard to users of the NAS or the public, or otherwise pose a threat to na tional security. Specifically, FMRA Section 333 states the following, in part:

(a) In General.--Notwithstanding any other requirem ent 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 operatesafely in the national airspace system before compl etion 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 ma king the determination under subsection (a), the Secretary shall determine , at a minimum--
(1) which types of unmanned aircraft systems, if an y, as a result of their size, weight, speed, operational capability, proxim ity to airports and populated areas, and operation within visual line o f 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 air craft systems identified under paragraph (1).

(c) Requirements for Safe Operation.--If the Secret ary determines under this section that certain unmanned aircraft systems may operate safely in the national airspace system, the Secretary shall estab lish requirements for the safe operation of such aircraft systems in the national airspace system.

In seeking this exemption, MATTHEW D. GAMBILL submi ts that the DJI Inspire 1 and DJI Phantom 3 UAS can operate safely in the NAS pursuan t to FMRA Section 333, as demonstrated by: (a) the characteristics of the DJI Phantom 3 UASs; (b) the pilot certification requirement; and (c) the specific ope rating limitations.

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

The DJI Inspire 1 and DJI Phantom 3 UAS do not crea te 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 DJI Inspire 1 and DJ I Phantom 3 UAS.

The technical specifications of the DJI Inspire 1 a nd DJI Phantom 3 UAS are set forth by the User Manuals, attached hereto as Appendix A and B.

ii. The DJI Inspire 1 and DJI Phantom 3 UAS Autonom ous Flight And Navigation Modes Enable The UASs To Remain Within A Defined Operational Area.

The DJI Inspire 1 and DJI Phantom 3 UAS may be oper ated in both manual and fully autonomous flight modes. A complete description of the flight and navigational modes of the DJI Inspire 1 and DJI Phantom 3 UAS provided in the User Manuals, attached hereto as Appendix A and B.

iii. The DJI Inspire 1 and DJI Phantom 3 UAS are De signed For Automatic Return To Home Point Or Hover In The Even t Of Loss Of The Control Link Or Navigation.

When the Control Link is lost, the DJI Inspire 1 an d DJI Phantom 3 UAS will remain stationary, in flight, for 3 seconds or more. If, a fter 3 seconds, the DJI Inspire 1 and DJI Phantom 3 UAS do not reacquire control link data fr om the GCS, the UAs will assume that the Control Link is lost and the UAs will return to the home position (i.e., failsafe mode) via GPS, and will descend to the takeoff position and s hutdown.
A complete description of the Failsafe Functions of the UAS are set forth in pages 27 through 29 and for the DJI Phantom 3 in pages 13 th rough 15. The DJI Inspire 1 and Phantom 3 User Manuals, are attached here as Append ix A and B.

iv. DJI Inspire 1 and DJI Phantom 3 UAS GCS Operati on.

A complete description of the operation and specifi cations of the DJI Inspire 1 and DJI Phantom 3 GCS and flight control software is provid ed in the “Flight Test” portion of their respective user manuals.b. Flight Operations Of DJI Inspire 1 and DJI Phant om 3 UAS are Limited To The Line

Of Sight Of A Certificated Pilot in Command With A Safety Observer.

MATTHEW D. GAMBILL will be the only person to act a s a pilot in command (PIC) of DJI Inspire 1 and DJI Phantom 3 UAS. Additionally, a s afety observer will assist him during flight time.
c. Flights Of DJI Inspire 1 and DJI Phantom 3 UASs will Be Conducted

Pursuant To Specific Operating Limitations.

In seeking this exemption, MATTHEW D. GAMBILL propo ses to commercially operate DJI Inspire 1 and DJI Phantom 3 UAS for the special pur pose of conducting aerial video and photography over certain areas of United States, pu rsuant to the following specific operating limitations:

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

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

3. The UAs may not be flown at an indicated airspee d exceeding 45 knots.

4. The UA must be operated at an altitude of no mor e than 400 feet above ground level (AGL), as indicated by the procedures specified in the operating documents unless a special request is made and appr oved by ATC. All altitudes reported to ATC must be in feet AGL.5. The UAs must be operated within visual line of s ight (VLOS) of the PIC at all times. This requires the PIC to be able to use huma n vision unaided by any device other than corrective lenses, as specified o n the PIC’s FAA-issued airman medical certificate.

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

7. All operations must utilize a safety observer (S O). The SO may be used to satisfy the VLOS requirement as long as the PIC alw ays maintains VLOS capability. The SO and PIC must be able to communic ate verbally at all times. Electronic messaging or texting is not permitted du ring flight operations. The PIC must be designated before the flight and cannot transfer his or her designation for the duration of the flight. The PIC must ensure that the SO can perform the functions prescribed in the operating d ocuments.

8. The SO must not perform any other duties beyond assisting the PIC with seeing and avoiding other air traffic and other gro und based obstacles/obstructions and is not permitted to oper ate the camera or other instruments.

9. The operating documents and the grant of exempti on must be accessible during UAS operations and made available to the Adm inistrator upon request. If a discrepancy exists between the conditions and lim itations contained in the grant of exemption and the procedures outlined in t he operating documents, the conditions and limitations contained in the gra nt of exemption take precedence and must be followed. Otherwise, the ope rator 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 update d and revised documents if it petitions for extension or amendment to the g rant of exemption. If the operator determines that any update or revision wou ld affect the basis uponwhich the FAA granted the exemption, then the opera tor must petition for amendment to its grant of exemption. The FAA’s UAS Integration Office (AFS80) may be contacted if questions arise regarding u pdates or revisions to the operating documents.

10. Prior to each flight the PIC must inspect the U AS to ensure that it is in a condition for safe flight. If the inspection reveal s a condition that affects the safe operation of the UAS, the aircraft is prohibit ed from operating until the necessary maintenance has been performed and the UA S is found to be in a condition for safe flight. The Ground Control Stati on must be included in the preflight inspection. All maintenance and alteratio ns must be properly documented in the aircraft records.

11. Any UAS that has undergone maintenance or alter ations that affect the UAS operation or flight characteristics, e.g. replaceme nt of a flight critical component, must undergo a functional test flight. T he PIC who conducts the functional test flight must make an entry in the ai rcraft records.

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

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

14. The operator must carry out its maintenance, in spections, and record keeping requirements, in accordance with the operat ing documents. Maintenance, inspection, alterations, and status of replacement/overhaul component parts must be noted in the aircraft recor ds, including total time in service, description of work accomplished, and the signature of the authorized person returning the UAS to service.15. Each UASs operated under this exemption must co mply with all manufacturer Safety Bulletins.

16. The authorized person must make an entry in the aircraft record of the corrective action taken against discrepancies disco vered between inspections.

17. The PIC must possess at least a private pilot c ertificate and at least a current third- class medical certificate.

18. The operator may not permit any PIC to operate unless the PIC meets the operator’s qualification criteria and demonstrates the ability to safely operate the UAS in a manner consistent with how the UAS wil l be operated under the exemption, including evasive and emergency maneuver s and maintaining appropriate distances from persons, vessels, vehicl es and structures. PIC qualification flight hours must be logged in a mann er consistent with 14 C.F.R. § 61.51(b). Flights for the purposes of training th e operator’s PICs are permitted under the terms of the exemption. However, training operations may only be conducted during dedicated training sessions. Durin g training, proficiency, and experience-building flights, all persons not essent ial for flight operations are considered nonparticipants, and the PIC must operat e the UA with appropriate distance from nonparticipants in accordance with 14 C.F.R. § 91.119.

19. UAS operations may not be conducted during nigh t, as defined in 14 C.F.R. § 1.1. All operations must be conducted under visua l meteorological conditions (VMC). If flight at night is required, a special re quest will be made at the FAA office closest to proposed area of operations. Flig hts under special visual flight rules (SVFR) are not authorized.

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

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

22. If the UAV loses communications or loses its GP S signal, it must return to a pre- determined location within the planned operati ng area and land or be recovered in accordance with the operating document s.

23. The PIC must abort the flight in the event of u npredicted obstacles or emergencies in accordance with the operating docume nts.

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

25. The operator must obtain an Air Traffic Organiz ation (ATO) issued Certificate of Waiver or Authorization (COA) prior to conducting any operations under the grant of exemption. This COA will also re quire 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 tra nsponder requirements.

26. All aircraft operated in accordance with the ex emption must be identified by serial number, registered in accordance with 14 C.F.R. part 47, and have identification (N- Number) markings in accordance w ith 14 C.F.R. part 45, Subpart C. Markings must be as large as practicable

.27. Before conducting operations, the radio frequen cy spectrum used for operation and control of the UAV must comply with t he Federal Communications Commission (FCC) or other appropriat e 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 availabl e to the Administrator or any law enforcement official upon request.

29. The UAV must remain clear and yield the right o f way to all manned aviation operations and activities at all times.

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

31. Flight operations must be conducted at least 50 0 feet from all nonparticipating persons (persons other than the PI C, SO, operator trainees or essential persons), vessels, vehicles, and structur es unless:

a. Barriers or structures are present that sufficie ntly protect nonparticipating persons from the UAV and/or debris in the event of an accident. The operator must ensure that nonparticip ating 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 structures where the owner/controller of such vessels, vehicles or struc tures has granted permission and the PIC has made a safety assessment of the risk ofoperating closer to those objects and determined th at it does not present an undue hazard, and;

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

32. All operations shall be conducted over private or controlled-access property with permission from the land owner/contro ller or authorized representative. Permission from land owner/controll er or authorized representative will be obtained for each flight to be conducted.

33. Any incident, accident, or flight operation tha t transgresses the lateral or vertical boundaries of the operational area as defi ned by the applicable COA must be reported to the FAA's UAS Integration Offic e (AFS-80) within 24 hours. Accidents must be reported to the National Transpor tation Safety Board (NTSB) per instructions contained on the NTSB Web site: ww w.ntsb.gov.

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

.

MATTHEW D. GAMBILL submits that the equivalent leve l of safety established by Section 61.113(a) and (b) will be maintained because no PIC will be allowed to operate the DJI Inspire 1 and 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 Inspire 1 and DJI Phantom 3 UASs in a manner consistent wit h the exemption, including evasive and emergency maneuvers and maintaining appropriate distances from people, vessels, vehicles and structures.
Considering MATTHEW D. GAMBILL proposed area of op erations, and the operating limitations set forth-above; the parallel nature of private pilot aeronautical knowledge requirements to those of commercial pilot requireme nts (See Exemption No. 11062); and the airmanship skills necessary to safely operate t he DJI Inspire 1 and DJI Phantom 3 UASs,MATTHEW D. GAMBILL submits that the additional mann ed airmanship experience of a

commercially certificated pilot would not correlate to the airmanship skills necessary specific proposed flight operations.
The FAA has previously granted relief from Section 61.113(a) and (b) specific to UAS, in circumstances similar, in all material respects, to those presented herein (e.g. Exemption Nos. 11062, 11063, 11064, 11065, 11066, 11067, 1108 0, 11109, 11110, 11112, 11136, 11138, 11150, 11153, 11156, 11158, 11159, 11160, 11 161).
MATTHEW D. GAMBILL will not allow any PIC to operat e the DJI Inspire 1 and DJI Phantom 3 UASs unless the PIC has demonstrated, by meeting minimum flight-hour requirements or the DJI Inspire 1 and DJI Phantom 3 UASs trainin g and currency requirements, that the PIC is able to safely operate the DJI Inspire 1 and DJI Phantom 3 UASs in a manner consistent with this exemption, including evasive a nd emergency maneuvers and maintaining appropriate distances from people, vess els, vehicles and structures.
Specifically, the PIC must have accumulated and log ged, 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 s ame make and model of UAS to be used for operations under the exemption). In additi on to the hour requirements, the PIC must accomplish 3 takeoffs and landings in the prec eding 90 days (for currency purposes).

As in Exemption Nos. 11062, 11138, and 11153, prior documented flight experience that was obtained in compliance with applicable regulati ons will ensure an equivalent level of safety during MATTHEW D. GAMBILL proposed operation s. The Administrator has held that prior documented flight experience that was ob tained in compliance with applicable regulations would ensure safe operations, stating a s follows:

In Exemption No. 11062, the FAA required that prior to conducting operations for the purpose of motion picture filming (or similar o perations), 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 l east 10 hours logged as a UAS pilot with a multi-rotor UAS. Prior to operations u nder 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 the se 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 th e 10 hours may be included in the total 25 hours of UAS rotorcraft time. In addit ion to the hour requirements, the PIC must accomplish 3 takeoffs and landings in the preceding 90 days (for currencypurposes). The FAA finds that at a minimum, the fli ght-hour requirements in Exemption No. 11062 are appropriate to practice and build proficiency in the skills necessary to safely conduct the petitioner’s propos ed operations. The FAA also finds that prior documented flight experience that was obtained in compliance with applicable regulations would satisfy this requ irement. Training, proficiency, and experience-building flights can also be conduct ed under the grant of exemption to accomplish the required flight time. D uring training, proficiency, and experience-building flights the PIC is required to operate the UAS with appropriate distances in accordance with 14 C.F.R 91.119.

Exemption No. 11138 at page 15.
Accordingly, MATTHEW D. GAMBILL will ensure safe op erations by not allowing any PIC to operate DJI Inspire 1 and DJI Phantom 3 UASs unless that PIC has demonstrated, by meeting minimum flight-hour and currency requiremen ts, that the PIC is able to safely operate the DJI Inspire 1 and DJI Phantom 3 UASs in a manner consistent with the exemption, including evasive and emergency maneuver s and maintaining appropriate distances from people, vessels, vehicles and struct ures.

3. Reasons Why An Exemption From The Requirements O f Section 91.7(a) Would Not Adversely Affect Safety.

The equivalent level of safety established by Secti on 91.7(a) will be maintained because prior to every flight, MATTHEW D. GAMBILL will ensu re that DJI Inspire 1 and DJI Phantom 3 UASs is in an airworthy condition based upon the UAS’s compliance with its operating documents and as stated in the conditions and limit ations 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, 1108 0, 11109, 11110, 11112, 11136, 11138, 11150, 11153, 11156, 11157, 11158, 11159, 11 160, 11161).

4. Reasons Why An Exemption From The Requirements O f Section 91.121 Would Not Adversely Affect Safety.The equivalent level of safety established by Secti on 91.121 will be maintained because

the altitude information of the DJI Inspire 1 and D JI Phantom 3 UAS 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 monitor ing of the flight path and altitude. This altitude information, combined with MATTHEW D. GAMBILL operation of the DJI Inspire 1 and DJI Phantom 3 UAS within visual line of sight, at or below 400 feet AGL, will ensure a level of safety equivalent to Section 91.1 21. The altitude information will be generated by GPS equipment installed onboard the ai rcraft. Prior to each flight, a zero altitude initiation point is automatically establis hed by the UASs at ground level.
The FAA has previously granted relief from Section 91.121 specific to UAS, in circumstances similar, in all material respects, to those presented herein (e.g. Exemption Nos. 11062, 11063, 11064, 11065, 11066, 11067, 1108 0, 11109, 11112, 11136, 11138, 11150, 11153, 11156, 11157, 11158, 11159, 11160, 11 161).

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

A grant of this exemption would ensure an equivalen t level of safety established by 14 C.F.R. Section 91.151(b) as a result of (1) the tec hnical specifications of the DJI Inspire 1 and DJI Phantom 3 UASs; (2) the limitations on the proposed flight operations; and (3) the location of the proposed flight operations. Accordi ngly, MATTHEW D. GAMBILL will ensure that it will safely operate the battery powered DJI Inspire 1 and DJI Phantom 3 UAS during daylight hours in VFR conditions, with enough batte ry power to fly for a total duration of 15 minutes to the first point of intended landing a nd, assuming normal cruising speed, to fly after that for at least 5 minutes.

Here, as in Exemption No. 11109, the technical spec ifications of the DJI Inspire 1 and DJI Phantom 3 UASs; the limitations on the proposed fli ght operations; and the location of the proposed operations, will ensure an equivalent leve l of safety established by 14 C.F.R. Section 91.151(b). Furthermore, safety will be ensu red as the DJI Inspire 1 and DJI Phantom 3 UAS provide audible and visual warnings t o 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 Visio n+ and DJI Phantom 3 UASs will descend and land automatically.
Significantly, previous exemptions granted by the F AA concerning Section 91.151 establish that safety is not adversely affected when the tech nical characteristics and operatinglimitations of the UAS are considered. Relief has b een granted for manned aircraft to

operate at less than the minimums prescribed in Sec tion 91.151, including Exemption Nos. 2689, 5745, and 10650. Moreover, the FAA has previo usly granted relief from Section 91.151 specific to UAS, in circumstances similar, i n all material respects, to those presented herein (e.g. Exemption Nos. 8811, 10808, 10673, 110 42, 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110, 11136, 11138, 11 150, 11153, 11156, 11157, 11158, 11159, 11160, 11161).

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

In seeking this exemption, MATTHEW D. GAMBILL submi ts that the equivalent level of safety with regard to the regulatory maintenance an d 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 MATTHEW D. GAMBILL will use trained technic ians to perform maintenance, alterations, or preventive maintenance on the UASs using the methods, techniques, and practices prescribed in the operating documents (i. e., the MATTHEW D. GAMBILL Aerial Operations Manual, Monthly Maintenance Log, and DJI Inspire 1 and DJI Phantom 3 Instruction Manual). Furthermore, MATTHEW D. GAMBIL L will document and maintain all maintenance records for the DJI Inspire 1 and DJI P hantom 3 UASs.

Since the DJI Inspire 1 and DJI Phantom 3 UAS will be inspected as prescribed by the operating documents, MATTHEW D. GAMBILL will mainta in the equivalent level of safety established by Sections 91.405(a), 91.409(a)(1), an d 91.409(a)(2). A copy of the DJI Inspire 1 and DJI Phantom 3 User Manuals are attached here as Appendix A and B.
Likewise, the exemption sought will not adversely a ffect safety because MATTHEW D. GAMBILL will use trained technicians to perform mai ntenance, alterations or preventive maintenance on the UAS using the methods, technique s, 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 91.41 7(b), because all maintenance of the DJI Inspire 1 and DJI Phantom 3 UAS will be perform ed by trained technicians. Maintenance will be documented and maintained utili zing the monthly maintenance log.
Significantly, previous exemptions granted by the F AA 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 adverselyaffected when the technical characteristics and ope rating limitations of the UAS are

considered.
In consideration of MATTHEW D. GAMBILL proposed ope rating limitations, the operating documents, and the technical aspects of the DJI Ins pire 1 and DJI Phantom 3 UASs, MATTHEW D. GAMBILL 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 r elief specific to UAS in circumstances similar, in all material respects, to those present ed herein (e.g. Exemption Nos. 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11 110, 11112, 11136, 11138, 11150, 11153, 11156, 11157, 11158, 11159, 11160, 11161).
7. The FAA May Prescribe Any Other Conditions For S afe Operation.

In accordance with Section 333 of the FAA Moderniza tion and Reform Act of 2012 (FMRA) and 14 C.F.R. § 21.16 entitled Special Conditions, MATTHEW D. GAMBILL requests that the FAA prescribe special conditions for the intended o peration of the DJI Inspire 1 and DJI Phantom 3 UASs, which contain such safety standards that the Administrator finds necessary to establish a level of safety equivalent to that established by 14 C.F.R. Part 21, Subpart H, and 14 C.F.R §§ 61.113(a) & (b), 91.7 (a ), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b). Such special conditions will permit safe operation of the UAs for the limited purpose o f conducting aerial video and photography over certain areas of the United States for compensation or hire. FMRA Section 333 sets forth the requirements for conside ring whether a UAS will create a hazard to users of the NAS or the public, or otherwise pos e a threat to national security; and further, provides the authority for such UAS to ope rate without airworthiness certification in accordance with any requirements that must be es tablished for the safe operation of the UAS in the NAS.
Likewise, the Administrator may prescribe special c onditions pursuant to 14 C.F.R. § 21.16, for operation of the DJI Inspire 1 and DJI Phantom 3 UASs, since the airworthiness regulations of 14 C.F.R. Part 21 do not contain ade quate 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 fo r an aircraft, aircraft engine, or propeller because of a novel or unusual design feat ure of the aircraft, aircraft engine or propeller, he prescribes special conditio ns and amendments thereto for the product. The special conditions are issued in a ccordance with Part 11 of thischapter and contain such safety standards for the a ircraft, aircraft engine or propeller as the FAA finds necessary to establish a level of safety equivalent to that established in the regulations.

See 14 C.F.R. § 21.16.

Therefore, in accordance with FMRA Section 333 and 14 C.F.R. § 21.16, the FAA may prescribe special conditions for Leading Edge’s int ended operation of the DJI Inspire 1 and DJI Phantom 3 UASs, which contain such safety stand ards 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), 9 1.7(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 Summary That Can Be Published In The Federal Register, stating: The Rules From Which MATTHEW D. GAMBILL Se eks Exemption:

MATTHEW D. GAMBILL seeks exemption from the requirem ents 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 MATTHEW D. GAMBILL Seeks:

This exemption will permit MATTHEW D. GAMBILL to com mercially operate an Unmanned Aircraft System (UAS) for the purpose of c onducting aerial video and photography over certain areas of the United States

.

• Any Additional Information, Views, Or Arguments Available To Support MATTHEW D. GAMBILL Request.

This Petition is made pursuant to the FAA Moderniza tion 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, MATTHEW D. GAMBILL request for exemption may be granted pursuant to the authority of FMRA Section 333 and 14 C.F.R. Part 11, as set forth above.
FMRA Section 333 sets forth the requirements for co nsidering whether a UAS will create a hazard to users of the NAS or the public, or otherw ise poses a threat to national security; and further, provides the authority for such UAS to operate without airworthiness certification.

As discussed in detail above, MATTHEW D. GAMBILL wi ll operate the DJI Inspire 1 and 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.

CONCLUSION

As set forth herein, MATTHEW D. GAMBILL seeks an ex emption 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 Inspire 1 and DJI Phantom 3 UAS commercially, without an airworthiness certificate, for the limit ed purpose of conducting aerial video and photography over certain areas of the United States . By granting this Petition, the FAA Administrator will be fulfilling the Congressional mandate of the FAA Modernization and Reform Act of 2012, while also advancing the intere sts of the public, by allowing MATTHEW D. GAMBILL to safely, efficiently, and econ omically operate the DJI Inspire 1 and DJI Phantom 3 UAS commercially within the NAS.

WHEREFORE , in accordance with the Federal Aviation Regulatio ns and the FAA Modernization and Reform Act of 2012, Section 333, MATTHEW D. GAMBILL respectfully requests that the Administrator grant this Petition for an exemption from the requirements of 14 C.F.R Sections 61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b), and permit Leading Edge to operate the DJI Inspire 1 and DJI Phantom 3 UAS commerciall y for the purpose of conducting aerial video and photography over certain areas of the United States.

Dated: June 1, 2015Attachments to this submission :

1. DJI Inspire 1 Manual
2. DJI Phantom 3 Manual
3. Maintenance Log

MATTHEW D. GAMBILL only utilizes safe and reliable UASs. DJI is an industry leader in small UAS production. DJI UASs are loaded with grou nd breaking software enabling the user to set parameters which will not allow flight into controlled airspace. Parameters can also be set to limit flight to no higher than a pre determined and set altitude as well as limit flight to a predetermined and set distance. I n addition, DJI software provides realtime altitude and location information to the PIC v ia the linked monitor (smart phone/tablet devices)

Very respectfully,

Matthew D. Gambill 8008 Exploration Ave. Las Vegas, NV. 89131 Gambill.Matt@gmail.com (725) 400-6677

Maximum upload to this site would not support my at tachments:
I've added the following links instead:

1. DJI Inspire 1 Manual
http://download.djiinnovations.com/downloads/inspire_1/en/Inspire_1_Us er_Manual_v1.2_en.pdf

2. DJI Phantom 3 Manual
http://download.djiinnovations.com/downloads/phantom_3/en/Phantom_3_Pr ofessional_User_Manual_v1.0_e n.pdf