1

September, 20 2015
Attn: U. S. Department of Transportation Docket Operations West Building Ground Floor, Room w1 2

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

RE: DigiDom LLC REQUEST AN EXEMPTION FROM THE REQU I REMENTS OF T ITLE 14 OF THE CODE OF FEDERAL REGULATIONS SECT IONS 61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), AND 91.417(a) & (b) CONCERNING COMMERC I AL OPERATION OF D J I Phantom 3 UNMANNED AIRCRAFT SYSTEMS PURSUANT TO SECTION 333 OF THEFAAMODERNIZATIONAND REFORMACT OF 2012 (PUBLIC LAW 112

- 95)

Dominic Landucci President DigiDom LLC PO Box 2511 Albany, OR 973212 **TABLE OF CONTENTS**

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

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

. .....4

I N TRODUCTION AND INTERESTS OF PETITIONER....................................................4

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

. ....................................................................................................4

BAS I S FOR PETITION............ .............................................................................................5

NAME AND ADDRESS OF PETI T IONER.........................................................................6 Page

THE SPEC IF IC SECTIONS OF 14 C.F.R. FROM WH ICH DigiDom LLC SEEKS EXEMPT ION.......................................

. ....................................................................7 THE EXTENT OF RELIEF DI GIDOM LLC SEEKS AND THE REASON THE DigiDom LLC SEEKS THE RELIEF..............................................................10 THE REASONS WHY GRANTING T HE DigiDom LLC’S REQUEST WOUL D BE I N THE PUBLIC INTEREST ............................................................................................12 THE REASONS WHY GRANTING THE EXEMPT ION T O THE DigiDom LLC WOULD NOT ADVERSE L

Y AFFECT SAFETY.........................................

. ....................14 SUMMARY THAT CAN BE PUBLISHED IN THE FEDERAL REG I STER... ................25 ANY ADDITIONAL INFORMATION, VIEWS, OR ARGUMENTS AVAILABLE TO SUPPORT THE DigiDom LLC’S REQUEST..................................................25 CONC L USION...........................................................................................................

. .........25 APPEND ICES......................................................................................... 263 **GLOSSARY OF**  **ABBREVIATIONS** AGL Above Ground Level AO I 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 S y stem LOL Lo ss of Link NA S National Airspace S ystem NOTAM Notice to Airman P IC Pilot I n Command Section 333 FAA Modernization and Reform Act of 2012 (FMRA) S O Safety Observer SOP Standard Operating Procedure s UA Unmanned Aircraft UA S Unmanned Aircraft S ystem VF R Visual Flight Rules VLOS Visual Line of Site VMC Visual Meteorological Conditions VTOL Vertical Takeoff and Landing4 **SUMMARY**
DigiDom LLC seeks exemption f rom the requirements o f 1 4 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 S ystem (D J I Phantom 3) pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (FMRA). This exemption will permit DigiDom LLC to operate an Unmanne d Aircraf t S ystem (UAS ) for th e commercial purpos e of conducting aerial video and photography o f construction sites, residential and commercial real estate, civil landscap e s and events over certain areas of the United States.

**INTRODUCTION AND**  **INTERESTS OF**  **THE PETITIONER**  DigiDom LLC for ye ars provided their clients (which include private sector businesses and non profits, along with local state and federal agencies) with expertise and knowledge in video and multimedi a marketing , advertising , public relations and training using advanced technologies and solutions. DigiDom LLC has worked on many o f productions in all ty p e s o f location s with a perfect client and emplo yee safet y record. The objective of DigiDom LLC and our Unmanned Aircraft S ystem (D J I Phantom 3) aerial operations is to provide a more affordabl e , high

- quality production s ystem for a variety of governmental, commercial, public, and residential uses, specificall y targeting

• Construction sites before and after
• Appraisals
• Real

- estate marketing
• Economic development
• Civic landmarks
• Special event coverage
• Private and governmental training

M y staff has safely flown small RC electric quadcopters recreationally for approximately 3 ye ars without incident. **BACKGROUND** UnmannedAircraft S ystems: DJ IPhantom 3, UAS DigiDom LLC seeks an exemption to operate D J I Phantom 3 s ystem for compensation or hire within the NAS. The D JIP hantom 3 i s v ertical takeoff and landing (VTOL) Unmanned Aircraft (UA) with a Ground Control Station (GCS ) utilizing electronic tablet or smart phone s ystems. The DJ I P hantom 3 has a maximum gros s weight of approximately 2.8 lb. while having a diagonal dimension of 23.2 ” , a maximum speed of approximately 1 6.4’fps and a maximum fly

in g height o f 400 '

. The D J I Phantom 3 i s equipped with four main rotors; driven by Lithium Pol y

mer battery powered electric motors.5

The D J I Phantom 3 that will be operated b y DigiDom LLC will be registered in accordance with 49 U.S.C. 44103, Registration o f 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 Registra tion Marking

.

**BASIS FOR**  **PETITION** Petitioner, DigiDom LLC , pursuant to the provisions o f the Federal Aviation Regulations (14 C.F.R. § 11.61) and th e FAA Modernization and Reform Act of 2012 (FMRA), Section 333, Special Rules for Certain Unmanned Aircraft Systems , hereb y petitions the Administrator to commerciall y operate the D J I Phantom 3, UA S in the National Airspace S ystem (NAS), and for
an exemption from the requirements of 14 C.F.R §§ 61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b). In consideration of the speed, weight, size, and limited operating area associated with the unmanned aircraft and it s operation, DigiDom LLC operation of D J I Phantom 3 UA S meets the conditi on s o f FMRA Section 33 3 and therefore , wil l no t require an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H. Accordingl y, The ALTEK MEDIA GROUP requests relief from Sections 91.405(a), 91.407(a)(1), 91.409(a)(1 ) & (a)(2) , and 91. 4 17(a) & (b) , a s thes e section s set forth requirements for maintenance that only app l y to aircraft with an airworthiness certificate. DigiDom LLC submits that the requested relief is proper since an equivalent level of safety will be ensured. DigiDom LLC will use experienced personnel or technicians to perform maintenance, alterations, or preventive maintenance on the UAS using the methods, techniques, and practice s prescribed in the operating documents (i.e., Monthly M aintenance Lo g , and DJ I P hantom 3 I

nstruction Manual). Furthermore, DigiDom LLC will document and maintain all maintenance records for the D J I Phantom 3 UAS. Relief from certain requirements of Section 61.113(a) and (b), entitled Private pilot privileges and limitations: Pilot in command, is requested b y DigiDom LLC to the extent necessary to allow a Pilo t in Command (P IC) holding a private pilot or higher level certificate, as well as an airman medical certificate, and who ha s demonstrated, b y m eeting minimum flight

- hour and
currenc y requirements , that the P IC i s abl e to safel y operat e th e DJ I Phanto m UA S in a manner consistent with this exemption, including evasive and emergenc y maneuvers and maintaining appropriate distances from people, vessels, vehi cles and structures. DigiDom LLC seeks relief from Section 91.7(a), entitled Civil aircraft airworthiness , becaus e the DJ I P hantom 3 UAS do not require an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H. As such, Digidom LLC submits that the y will ensure that the D J I Phantom 3 UA S i s in an airworth y condition, prior to every flight, b y determining that the UA S are in compliance with the operating documents ( i.e., Monthl y Maintenanc e Lo g , and D J I Phantom 3 In struction Manual) , and that th e aircraft are in a condition for safe flight.6

DigiDom LLC also seeks an exemption from the requirements of Section 91.121, entitled Altimeter Settings , as the D J I Phantom 3 UA S will not hav e a ty pical barometric altimeter onboard. However, altitude information of the D J I Phantom 3 UA S will be provided to the P IC via Global Positioning S ystem (GPS) equipment and radio communications telemetry data link, which downlinks from the UA to the GCS for active monitoring of the flight path. This altitude information, combined with DigiDom LLC ’ s operation of the D J I Phantom 3 UAS within visual line of sight, at or below 400 feet AGL , will ensure a level of safety equivalent to Section 91.121. Additionally, DigiDom LLC seeks an exemption from the requirements of Section 91.151(b), entitled Fuel requirements for flight in VFR conditions

. DigiDom LLC submits that safety wil l not be affected b y operation o f the D J I Phantom 3 UA S during day light hours in visual meteorological conditions (VMC) under visual flight rules (VFR), with enough battery power to fl y f

o r a total duration of approximately 23 minute s. B attery power indicators are also able to show exactly h ow much battery p ower is left, as well as how much time is needed to return safe l y back to point of takeoff

. In accordance with 14 C.F.R. § 11.81, DigiDom LLC provides the following information in support of its petition for exemption:

**A . Name And Address Of The Petitioner.**  The name and address of the Petitioner and point of contact is: Dominic Landucci President DigiDom LLC PO Box 2511 Albany, OR 97321

**B. The**  **Specific Sections**  **O f**  **14 C.F.R.**  **From Which**  **DigiDom LLC Seeks**  **Exemption. 1.**  **DigiDom LLC Seeks**  **Exemption Fro**  **m The**  **Requirements O**  **f Section**  **61.113(a) And (b).** Section 61.113, entitled Private pilot privileges and limitations: Pilot in command, subsections (a) and (b) prescribe the following, in relevant part: (a) No person who hold s a private pilot certificate may act as a pilot in command (P IC) o f an aircraft that is car ry ing passengers or propert y for compensation or hire; nor may that person, for compensation or hire, act as P IC of an aircraft. (b) A private pilot may, for compensation or hire, act as P IC of an aircraft in connection with an y business or empl o y m ent i f

— (1) The flight is only incidental to that business or emplo y ment; and7

(2) The aircraft does not carry passengers or property for compensation or hire. **2. DigiDom LLC**  **Seeks Exemption**  **Fro m**  **The Requirements**  **O f**  **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. DigiDom LLC**  **Seeks Exemption**  **From The**  **Requirements O**  **f 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, b y reference to an altimeter that i s set, when operatin g-- (1) Below 18,000 feet MS L, 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 o f an appropriate available station; or (iii) I n the case of an aircraft not equipped with a radio, the elevation of the departure airport or an appropriate altimeter setting available before departure.8

**4. DigiDom LLC**  **Seeks Exemption**  **From The**  **Requirements O**  **f Section**  **91.151(b).** Section 91.151, entitled Fuel requirements for flight in VFR conditions , subsection (b), states the following:

( b ) No person may begin a flight in a rotorcraft under VFR conditions unless (considering wind and forecast weather conditions) there is enough fuel to fly to the first point o

f intended landing and, assuming norma l cruising speed, to fl y after that for at least 20 minutes. **5. DigiDom LLC**  **Seek s**  **Exemption From**  **The Requirement**  **O f**  **Se c** **tion 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 thi s section, have discrepancies repaired as prescribed in part 43 of this chapter[.] **6. DigiDom LLC**  **Seeks Exemption**  **Fro m**  **The Requirements**  **O f**  **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 undergone maintenance, preventive maintenance, rebuilding, or alteration unles s -- (1) It has b e en approved for return to service b y a person authorized under § 43.7 of this chapter[.] **7. DigiDom LLC**  **Seeks Exemption**  **From The**  **Requirements O**  **f Sections**  **91.409(a)(1) And 91.409(a)(2).** Section 91.409, entitled Inspections , subsection (a), state s the following: (a) Except as provided in paragraph (c ) of this section, no person may operate an aircraft unless, within the preceding 12 calendar months, it has had

-- (1) An annual inspection in accordance with part 43 of this chapter and ha s been approved for return to service b y a person authorized by § 43.7 of this chapter; or (2) An inspection for the issuance o f an airworthiness certificate in accordance with part 21 of this chapter.9

**8. DigiDom LLC**  **Seeks Exemption**  **From The**  **Requiremen t**  **s O**  **f Sections**  **91.417(a) And 91.417(b).** Section 91.417, entitled Maintenance record s , 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 o f the m aintenance, preventive m aintenance, and alteration and records of th e 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 work performed; and (ii ) The date of completion of the work performed; and

(iii) The signature, and certificate number of the person approving the aircraft for return to service. (2) Records containing the following information:

(i) The total time in service of the airframe, eac h engine , each propeller, and each rotor. (ii) The current status of lif e - limited parts of each airframe, engine, propeller, rotor, and applianc e. (iii) The time since last overhaul of all items installed on the aircraft which are required to be overhauled on a specified time basis. (iv) The current inspection status of the aircraft, including the time since the last inspection required b y th e inspection program under which th e aircraft and its appliances are maintained. (v) The current status o f applicable airworthiness directives (AD) and safety directives including, for each, the method o f compliance, the AD or safety directive number and re vision date. If the AD or safety directive involves recurring action, the time and date when the next action is required. (vi) Copies of the forms prescribed b y § 4 3.9(d) of this chapter for each major alteration to th e airframe and currentl y installed engines, rotors, propellers, and appliances.10 (b) The owner o r operator shall retain the following records for the periods prescribed: (1) The records specified in paragraph (a)(1) o f thi s section shall be retained until the work is repeated o r superseded b y other work or for 1 ye ar after the work is performed. (2) The records specified in paragraph (a)(2) o f thi s 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 DigiDom**  **LLC Seeks**  **And T**  **he Reason**  **DigiDom LLC**  **Seeks The**  **Relief. 1.**  **Extent O**  **f Relief**  **DigiDom LLC Seek** **s And**  **The Reason**  **DigiDom LLC Seeks Relief From**  **Section 61.113(a) And (b).** Relief from Section 61.113(a) and (b) entitled Private pilot privileges a n d limitations: Pilot in command, is requested to the extent necessary t o allow a P IC holding a private pilot or higher level certificate, a s well as a current and valid airman medical certificate, and who ha s met certain flight

- hour and currency requirements , to conduct th e propose d UA S flight operation s 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 P IC o f an aircraft i n conne ction with any business or emplo y

ment if: (1) The flight is onl y incidental to that business or emplo y ment; and (2) The aircraft does not carry passengers or property for compensation or hire. As set forth more ful l y below, DigiDom LLC submits that an equivalent level of safety will be maintained becaus e no P IC will b e allowed to operate the DJ I P hantom 3 UAS unless that P IC ha s met certain flight

- hour and currency r equirements, demonstrating that the P IC is able to safe l y operate either the D J I P hantom 3 UAS in a manner consistent with the operations specifications as described in this exemption, including evasive and emergency m aneuvers, as well as maintaining appropriate distances from people, vessels, vehicles and structures. Further, DigiDom LLC submit s that all flights o f the D J I Phantom 3 UAS , conducted b y the P IC pursuant to the grant of this Petition: (1) will be incidental to DigiDom ’s business; and (2) will not carry p assengers or propert y for compensation or hire.11

**2. Extent**  **O f**  **Relief DigiDom LLC**  **Seek s**  **And The**  **Reason DigiDom LLC**  **Seeks Relief From Section 91.7(a).**  Relief from Section 91.7(a) entitled Civil aircraft airworthiness , i s requested to the extent required to allow DigiDom LLC to determine that the D J I Phantom 3 UAS are in airworth y condition prior to every f light b y ensuring that the UAS is in compliance with the operating documents (i.e., DigiDom’s Aerial Operations Manual, Monthly Maintenance Lo g, and DJ I Phantom 3 In struction Manual). DigiDom LLC seeks the requested relief because the D J I Phanto m 3 UA S do not require an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H. Therefore, DigiDom LLC will ensure that the DJ I P hantom 3 UA S are in airworthy condition based upon it s compliance with the operating documents (i.e., Monthl y Maintenance L o g , and D J I Phantom 3) prior to every flight, and further, determine that the aircraft are in condition for safe flight, as stated in the conditions and limitations below.

**3. Extent**  **Of Relief**  **DigiDom LLC**  **Seeks And**  **The Reason**  **DigiDom LLC**  **Seeks Relief**  **From Section 91.121.**  Relief from Section 91.121, entitled Altimeter settings, may b e required to allow flight operations o f the D J I Phantom 3 UAS, which utilize a barometric pressure sensor, GPS equipment, and a radio communications telemetry data link to downlink altitude information from the UA to the P IC at the ground control s tation (GCS). Since the FAA requires that an y altitude information concerning UAS operations be reported to air traffic control (ATC) in feet above ground level (AGL), DigiDom LLC seeks the requeste d relief because the DJ I Phantom 3 UA’s altimeter may b e set on the ground to zero feet AGL, rather than the local barometric pressure or field altitude, before each flight. Considering the limited altitude of the proposed operations, relief from 14 CFR 91.121 is sought to th e extent necessary t o comp l y with the applicabl e condition s and limitation s state d below

. As
more full y set forth herein, an equivalent level of safety will be maintained since the D J I Phantom 3 UA S are equipped with a barometric pressure sensor and GP S equipment, which automatical l y ensures that a ground level pressure setting will be established prior to each flight, and provides the PIC with altitude information of the UA on the head s -u p display of the GCS.

**4. Extent**  **Of Relief**  **DigiDom LLC**  **Seeks And**  **The Reason**  **DigiDom LLC**  **Seeks Relief**  **From Section 91.151(b).**  Relief from Section 91.151(b) entitled Fuel requirements for flight in VFR conditions, is requested to the extent required to allow flights of the battery powered DJI Phantom 3 UAS during day

light hours i n visual meteorological conditions (VMC), under visual flight rules (VFR), for a total duration of 23 minutes. DigiDom LLC seeks the requested relief because without an exemption from Section 91.151(b), the flight time duration of the12

battery p ow ered D J I Phantom 3 UA S will severely constrain the practicality o f an y aerial video
or still photo flight operations that DigiDom LLC proposes to conduct pursuant to this Petition. Significantl y, as set forth below, the technical specifications of the D J I Phantom 3 UA S , the D J I Phantom 3 operating documents, and DigiDom ’ s proposed operating limitations, ensure that The DigiDom LLC will safely operate the battery powered DJ I Phantom 3 UA S during day light hours in visual meteorological conditions (VMC), under visual flight rules (VFR), with enough battery power to f

l y for a total duration of 23 minutes.

**5. Extent**  **Of Relief**  **DigiDom LLC**  **Seeks And**  **The Reason**  **DigiDom LLC**  **Seek s**  **Relief Fro**  **m 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) onl y appl y to aircraft with an airworthiness certificate, DigiDom LLC requests relief from these Sections because the D J I Phantom 3 UA S do not require airworthiness certificates. As set forth more ful l y below, th e D J I Phantom 3 UA S meet the conditions of FMRA Section 333 for operation without an airworthiness certificate
. Accordingl y, DigiDom LLC will use trained technicians to perform maintenance, alterations, or preventive maintenance on the UA S using the methods, techniques, and practices prescribed in the UA S operating documents (i.e., the DigiDom LLC Aerial Operations Manual, Monthl y M aintenance Lo g, and DJ I P hantom 3 I n struction Manual). Furthermore, DigiDom LLC will document and maintain all maintenance records for the D J I Phantom 3 UAS

.

**D. The**  **Reasons Why**  **Granting DigiDom LLC**  **Request Would**  **Be I**  **n The**  **Public Interest; That Is, How It Would Benefit The Public As A Whole.**  Granting the present Petition will further the public interest b y allowing DigiDom LLC to safel y, efficientl y, and economicall y p erform aerial video and photograph y of construction sites, real estate, events and civic landscape over certain areas of the United States. Additionally, us e o f th e D J I Phantom 3 UA S will decrease congestion of th e NAS, reduce pollution, and provide signi ficant benefits to the econom y
. Notab l y, th e benefits o f DigiDom LLC ’ s proposed operation of the DJ I P hantom 3 UA S wil l be realized without implicating any privacy issues.

**1. The Public Will Benefit From Decreased Congestion Of The NAS.** The D J I P hantom 3 UA S are battery powered and serve as a safe, efficient, and economical alternative to the manned aircraft traditionally utilize d to obtain aerial imagery
. B y reducing the13

amount of manned aircraft needed to perform aerial acquisitions, an exemption allowing th e use of a D J I Phantom 3 UA S would reduc e the amount of manned aircraft in the NAS, reduce noise and air pollution, as well as increase the safet y of life and proper t y in the air and on the ground. Furthermore, b y reducing the number of manne d aircraft operating in the NAS, congestion around airports caused b y arriving and departing aircraft will be reduced. The D J I Phantom 3 UA S do not require an airport to takeoff or land. Likewise, a reduction of manned aircraft conducting aerial video and photograph y missions would result in fewer aircraft that must be handle d b y 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 D J I Phantom 3 UAS, instead of manned aircraft, will greatl y benefit the public b y drastically r educing the levels of air and nois e pollution generated during traditional aerial video and still photography flight operations. B y using battery p ower and electric motors, the DJ I P hantom 3 UA S produce no air pollution, and is the most viable environmentally c onscious alternative to the cabin class, six c y linder internal combustion engine aircraft that are ty

picall y utilized for aerial video and photograph y, while burning approximately 20

- 30 gallons per hour of leaded aviation fuel. The D J I Phantom 3 UA S , while reducing the carbon footprint o f aerial acquisitions, also eliminates noise pollution, a s the UA S are propelled b y battery powered electric motors, rather than an internal combustion engine. B y using the D J I Phantom 3 UA S to perform aerial acquisitions, the substantial risk to life and propert y in the air and on the ground, which is usually associated with traditional manned aircraft flight operations, will b e substantially reduced o r complete l y eliminated. Aside from the lack of flight crew members located onboard the aircraft, the D J I Phantom 3 UA S (weighing approximately 2.8 pounds at their maximum gross weight with diagonal dimension of 23.2 inches, and with no fuel on board), ha s less physical potential for collateral damage to life and propert y on the ground, and in the air, compared to the manned aircraft that ty picall y c onduct similar operations (weighing approximately 6 ,00 0 pounds with a wingspan of approximately 4 2 feet, a length of 34 feet, and a fuel capacit y of 180 gallons). **3. Performing Aerial Video and Photography Operations With The DJI Phantom 3 UAS Will Benefit The Economy.**  In addition to being saf e and efficient, th e DJ I P hantom 3 UA S are also an economical alternative to using manned aircraft to conduct similar aerial operations. As such, operation of the DJ I P hantom 3 UA S will allow United States based companies, like DigiDom LLC , to remain competitiv e and contribute to growth o f the U.S

. economy
. Specifical l y, with the rising cost of aviation fuel and the Environmental Protection Agenc y (“EPA”) regulatory actions phasing out leade d aviation fuels, U.S. owned and operated companies must adopt new and alternative technology

i n order to remain competitive. Operating the battery powered D J I Phantom 3 UA S is one such technology that not onl y allows companies greater operational14

flexibil ity c ompared to manned aircraft, but provides such flexibility without the high operational cost of a traditional manned aircraft. B y operating the D J I Phantom 3 UAS, companies such as DigiDom LLC , can remain competitive and profitable, and therefore, provide greater job stability to emplo yees and contractors, which will ultimatel y c ontribute to growth of the U.S. economy
. Improved financial performance of U.S. companies, through commercial use of th e D J I Phantom 3 UAS, provides a stable workforc e 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 Issues.** Similar to the manned aerial acquisition flight operations that have b een conducted for decades, DigiDom LLC’s proposed operation o f the D J I P hantom 3 UA S will not implicate any privac y issues. Specifically, the DJ I P hantom 3 UA S will be operated onl y in compliance with operating documents (i.e., the DigiDom LLC Aerial Operations Manual, Monthl y Maintenance Lo g , and D J I Phantom 3 I nstruction Manual) which requires propert y owner involvement as well as local law enforcement notification, and in accordance with the F ederal Aviation Regulations, including the minimum altitude requirements o f 14 C.F.R. § 91.119. **E. The**  **Reasons Why**  **Granting The**  **Exemption Would**  **Not Adversely**  **Affect Safety,**  **Or Ho**  **w The**  **Exemption Would**  **Provide A**  **Level Of**  **Safety A** **t Least**  **Equal To**  **That Provided**  **By The Rule From Which DigiDom LLC**  **Seeks Exemption.**  **1. Reasons Why Th**  **e DJI**  **Phanto m**  **3 U**  **AS Mee** **t The Conditions Of**  **Th e**  **FAA Modernization and Reform Act of 2012 (FMRA) Section 333.**  In consideration of the size, weight, speed, and limited operating area associated with the unmanned aircraft and its operation, DigiDom LLC’s operation o f the D J I Phantom 3 UAS meet the conditions of FMRA Section 333, and will not require an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H. Section 333 provides authority f or a UAS to operate without airworthiness certification and sets forth requirements for considering whether a UAS will create a hazard to users of the NAS or the public , o r o therwise pos e a threat to national security. Specifical l y, FMRA Section 33 3 state s the following, in part:

( a ) In General.

--Notwithstanding any other requirement of this subtitle, an d not later than 180 days after the date of enactment of this Act, the Secretary of Transportation shall determine i

f certain unmanned aircraft systems may operate safely in the national airspace system before completion of the plan and rulemaking required by section 332 of this Act or the guidance required by section 334 of this Act.15 ( b ) Assessment of Unmanned Aircraft S ystems.

- -In making the determination under subsection (a), the Secretary shall determine, at a minimu m -- ( 1 ) which types of unmanned aircraft systems, i f any, as a result of their size, weight, speed, operational capability, proximity to airports and populated areas, and operation within visual line of sight do not create a hazard to users of the national airspace system or the public o r pose a threat to national security; and ( 2 ) whether a certificate of waiver, certificate of authorization, or airwo rthiness certification under section 44704 of title 49, U nited Sta tes Code, is required for th e operation of unmanned aircraft systems identified under paragraph (1). (c ) Requirements for Safe Operation.

- -If the Secretary determines under thi s section that certain unmanned aircraft systems may operate safely in th e natio na l airspace system, the Secretary shall establish requirements for the safe operation of such aircraft systems in the national airspace system. In seeking this exemption, DigiDom LLC submits that the D J I Phantom 3 UAS can operate safel y in th e NAS pursuant to FMRA Section 333, as demonstrated b y: (a) the characteristics o f the DJ I Phantom 3 UA S ; (b) the pilot certification requirement; and (c) the specific operating limitations. **a. The Specifications Of The DJI Phantom 3 UAS Demonstrate Its Safe Characteristics.**  The D J I Phantom 3 UAS do e s not create a hazard to users of the NAS or the public, or otherwise pose a threat to national security considering its size, weight, speed, and operational capability

. **i. Technical Specifications Of The DJI Phantom 3 UA**  **S**
**.** The technical specifications of the DJ I P hantom 3 UA S are set forth b y the D J I Phantom 3 Us er Manual, attached hereto as Appendix A

. **ii. The DJI Phantom 3 UAS**  **Global Positioning Modes Enable The UAS To Remain**  **Within A Defined Operational Area.** The D J I Phantom 3 UAS may be operated in both manual and global positioning flight modes. A complete description of the flight and navigational modes of the D J I Phantom 3 UAS is provided at pages 11 of the D J I Phantom 3 User Manual attached hereto as Appendix A. **iii. The DJI Phantom 3 UAS Are Designed For Automatic Return To Home Point**  **Or Hover In The Event Of Loss Of The Control Link Or Navigation.** When the Control Link is lost, the DJ I P hantom 3 UA S will remain stationary, in flight, for 3 seconds or more. If, after 3 seconds, the D J I Phanto m 3 UA S do e s not reacquire control link data from the GCS, the UA S will assume that the Control Link is lost and the will return to the home position (i.e., failsafe mode) via GPS, and will descend to the take off position and shutdown.16

A complete description of the Failsaf e Functions of the D J I Phantom 3 UAS are set forth at pages 12 through 14 of the D J I Phantom 3 User Manual, attached hereto as Appendix A

. **iv. The DJI Phantom 3 GCS And Its Operation.**  A complete description of the operation and specifications of the DJ I P hantom 3 GCS and flight control software i s provided at page s 23 through 29 o f the D J I Phantom 3 User Manual. D J I Phantom 3 User Manual i s attached hereto as Appendix A. **b. Flight O p**  **erations Of DJI Phantom 3 UAS Is Limited To The Line Of Sight Of A**  **Certificated Pilot in Command With A Safety Observer.** DigiDom LLC video production staff will be the onl y persons to act as a pilot in command (P IC)
o f the DJ I P hantom 3 UA S

. Additionall y, a safety observer will assist him at all times during flight time. **c. Flights Of DJI Phantom 3 UAS Will Be Conducted Pursuant To Specific Operating**  **Limitations.** In seeking this exemption, DigiDom LLC proposes to commercial l y operate D J I Phantom 3 UAS for the special purpose of conducting aerial video and photograph y over certain areas of United States, pursuant to the following specific operating limitation s
.

1. Operations authorized b y this grant o f exemption will be limited to th e f ollowing aircraft described in the operating documents, rotorcraft UA S weighing les s than 55 pounds maximum gros s weight: D J I P hantom 3 Unmanned Aircraft S ystems. Proposed operations o f any other aircraft will require a new petition o r a petition to amend this grant.

2. UAS operations under this ex emption will be limite d to conducting operations for the purpose of aerial video and photograph y. 3. The UA S may not be flown at an indicated airspeed exceeding 20 knots. 4. The UA must be operated at an altitude of no more than 400 feet above ground level (AGL), as indicated b y the procedures specified in the operating documents unless a special request is made and approved b y A TC. All altitudes reported to ATC must be in feet AGL. 5. The UA S must be operated within visual line of sight (V LOS ) of th e P IC at all times. This requires the P IC to be able to use human vision unaided b y any d evice other than corrective lenses, as specified on the P IC’s FAA

- issued airman medical certificate. 6. The use of first person view (FPV) b y the P IC or safet y observer (SO) is not permitted.17 7. All operations must utilize a safety observer (SO). The SO may b e used to satisfy the VLOS requirement a s long as the P IC always maintain s VLOS capability
. Th e SO and P IC must b e able to communi cate verbal l y at all times. Electronic messaging or texting is not permitted during flight operations. The P IC must be designated before the flight and cannot transfer his or her designation for the duration o f th e flight. The P IC must ensure that the SO c an perform the functions prescribed in the operating documents. 8

. Th e S O mus t no t perfor m any other dutie s beyond assistin g the P IC with seein g and avoiding other air traffic and other ground base d obstacles/obstructions and is not permitted to operate the camera or other instruments. 9. The operating documents and the grant of exemption must be accessible during UAS operations and made available to the Administrator u pon request. If a discrepancy exist s 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 mus t b e followed. Otherwise, th e operator must follow the procedures as outlined in it s operating documents. The operator may update or revise its operating documents

. I t 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 updated and revised documents if it petitions for extension or amendment to the grant of exemption. If the operator determines that any update or revision would affect the basis upon which the FAA granted the exemption, then the operator must petition for amendment to its grant of exemption. The FAA’s UAS Integration Office (AF S

- 80)
may be contacted if questions arise regarding updates or revisions to th e operating documents. 10. Prior to each flight the PIC must inspect the UAS to ensure that it is in a condition for safe flight. I f 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 i s found to b e in a condition fo r saf e flight

. The Ground Control Station must b e included in the preflight inspection. All maintenance and alterations must be properly documented in the aircraft records. 11. Any UAS that has undergone maintenance or alterations that affect the UAS operation or flight characteristics, e.g. replacement of a flight critical component, must undergo a functional test flight. The P IC who conducts the functional test flight must make an entry in the aircraft records. 12. The pre - flight inspection must account for all potential discrepancies, e.g. inoperable components, items, or equipment, no t already covered in the relevant sections of the operating documents. 13. The operator mus t follow the UAS manufacturer’s aircraft/component, maintenance, overhaul, replacement, inspection, and life limit requirements.18 14. The operator must car ry out its maintenance, inspections, and record keeping requirements, in accordance with the operating documents. Maintenance, inspection, alterations, and status of replacement/overhaul component p arts must be note d in the aircraft records, including total time in service, description o f work accomplished, and the signature of the authorized person returning the UAS to service. 15. Each UA S operated under this exemption must compl y with all manufacturer Safety Bulletins. 16. The authorized person must make an entry in the aircraft record o f the corrective action taken against discrepancies discovered between inspections. 17

. Th e P IC must possess at least a private pilot certificate and at least a current third

class medical certificate. 18. The operator may not permit any P IC to operate unless the PIC meets the operator’s qualification criteria and demonstrates the ability to safe l y operate the UA S in a manner consistent with how th e UA S wil l b e operated under the exemption, including evasive and emergency m aneuvers and maintaining appropriate distances from persons, vessels, vehicles and structures. PI C qualification flight hours must be logged in a manner consistent with 1 4 C.F.R. § 61.51(b). Flights for the purposes of training the operator’s P ICs are p ermitted under the terms o f th e exemption. However, training operations may onl y b e conducted during dedicated training sessions. During training, proficienc y, and experienc e -building flights, all persons not essential f

or flight operations are considered nonparticipants, and th e P IC must operate the UA with appropriate distance from nonparticipants in accordance with 14 C.F.R. § 91.119. 19. UAS operations may not be conducted during night, as def ine d in 1 4 C.F.R

. § 1.1. All operations must be conducte d 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 fli ght rules (SVFR) are not authorized. 20. The UA may not operate within 5 nautical miles of an airport reference point as denoted on a current FAA

-published aeronautical chart unless a letter of agreement with that airport’s management is obtained, and the operation is conducted in accordance with a NOTAM as required b y the operator’s COA

. The letter of agreement with the airport management must be made available to the Administrator upon request. 21. The UA may not b e 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 P IC. 22. If th e UA loses communications or loses its GPS signal, it must return to a pre determined location within the planned operating area and land or b e recovered in accordance with the operating documents.19 23. The PIC must abort the flight in the event of unpredicted obstacles or emergencies in accordance with the operating documents. 24. The P IC is prohibited from beginning a flight unless (considering wind and forecast weather conditions) there is enough power to fl y at normal cruising speed to the intended landing point and land the UA with 25% battery power remaining. 25. The operator must obtain an Air Traffic Organization (ATO ) issued Certificate of Waiver or Authorization (COA) prior to conducting any operation s under the grant of exemption. This COA will also require the operator to request a Notice to Airman (NOTAM) not more than 72 hours in advance, but not less than 48 hours prior to the operation. All operations shall be conducted in accordance with airspace requirements in the ATO issued COA including class of airspace, altitude level and potential transponder requirements. 26. All aircraft operated in accordance with the exemption must be identified by serial number, registered in accordance with 14 C.F.R. part 47, and have identification (N

Number) markings in accordance with 14 C.F.R. part 45, Subpart C. Markings must be as large as practicable. 27. Before conducting operations, the radio frequency spectrum used for operation and control o f th e UA must compl y with th e Federal Communications Commission (FCC) or other appropriate government oversight agency requirements. 28. The documents required fewer than 14 C.F.R. 91.9 and 91.203 must b e available to the P IC at the Ground Control Station of the UA S an y time the UAS is operating. These documents must be made available t o the Administrator or any l aw enforcement official upon request. 29. The UA must remain clear and y i el d the right o f way to all manned aviation operations and activities at all times. 30. The UAS may not be operated b y the PIC from any moving device or vehicle. 31. Flight operations must be conducted at least 500 feet from all nonparticipating persons (persons other than the P IC, 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 structures where the owner/controller o f such vessels, vehicles o r structures ha s granted permission and the P IC has made a safety a ssessment of the risk of operating closer to those objects and determined that it does not present an undue hazard, and;20 c. Operations nearer to the P IC, SO, operator trainees or essential person s do not present an undue hazard to those persons per § 91.119(a). 32. All operations shall be conducted over private or controlled

- access property w ith 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. 33. Any incident, accident, or flight operation that transgresses the lateral or vertical boundaries of the operational area as defined by th e applicabl e CO A mus t b e reported to the FAA's UAS Integration Office (AF S

- 80 ) within 24 hours. Accidents must be reported to the National Transportation Safety B oard (NTSB) per instructions contained on the NTSB Web site: www.ntsb.gov.

**2. Reasons**  **Why An**  **Exemption Fro**  **m The**  **Requirements O**  **f Section**  **61.113(a) And**  **(b) Would Not A**  **dversely Affect Safety.** DigiDom LLC submits that the equivalent level of safet y established b y Section 61.113(a) and (b) wil l b e maintaine d becaus e no PIC wil l b e allowe d to operate th e D J I Phantom 3 UA S unless that P IC has demonstrated, b y meeting minimum flight

- hour and currency requirements, that the PIC is able to safe l y operate the D J I Phantom 3 UAS in a manner consistent with the exemption, including evasive and emergency m aneuvers and maintaining appropriate distances from people, vessels, vehicles and structures. Considering DigiDom LLC proposed area of operations, and the operating limitations set forth

above; the parallel nature of private pilot aeronautical knowledge requirements to those of commercial pilot requirements ( See Exemption No. 11062); and the airmanship skills necessary to safe l y operate th e D J I Phantom 3 UAS , DigiDom LLC submits that the additional manned airmanship experience of a commerciall y certificated pilot would no t correlate to th e airmanship skills necessary f or DigiDom LLC’s 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 , 1 1066 , 11067 , 11080 , 11109 , 11110 , 11112 , 11136 , 11138 , 11150, 11153, 11156, 11158, 11159, 11160, 11161). DigiDom LLC will not allow any P IC to operate th e D J I Phantom 3 UAS unless that P IC has demonstrated, b y meeting minimum flight

- hour requirement s or the D J I Phantom 3 UAS training and currency requirements, that the P IC is able to safel y operate the D J I Phantom 3 UAS in a manner consistent with this ex emption, including evasive and emergency m aneuvers and maintaining appropriate distances from people, vessels, vehicles and structures. Specifical l y, the PIC must have accumulated and logged, in a manner consistent with 14 C.F.R. § 61.51(b), 25 hours of total time as a UAS rotorcraft pilot (with a minimum of 5 hours of those21

hours as a UAS pilot operating the same make and model of UAS to be used for operations under the exemption). I

n addition to the hour requirements, the P IC must accomplish 3 takeoffs 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 safet y during DigiDom LLC’s proposed operations. The Administrator has held that prior documented f l i ght experience that was obtained in compliance with applicable regulations would ensure safe operations, stating as follows: In Exemption No. 11062, the FAA required that prior to conducting operations for the purpose of motion picture filming (or similar operations), the P IC must have accumulated and logged, in a manner consistent with 14 CF R 61.51(b), 2 5 hours o f total time a s a UAS rotorcraft pilot including at least 10 hours logged as a UAS pilot with a multi

- rotor UAS. Prior to operations under Exemption No. 11062, the P IC mus t also have accumulated and logged a minimum of 5 hours a s a UA S pilot operating the same make and model o f UAS to b e used for operations under th e exemption. For clarification, the FAA considers these minimum hour requirements to be inclusive rather than additive; i.e. 5 hours make and mode l tim e may b e include d in the 1 0 hours o f multi

- rotor time and the 10 hours may b e included in the total 25 hours of UAS rotorcraft time. In addition to the hour requirements, the P IC must accomplish 3 takeoffs and landings in th e preceding 90 days (for currenc y purposes). The FAA finds that at a minimum, the flight

- hour requirements in Exemption No. 11062 are appropriate to practice and build proficiency in the skills necessary

to safely c onduct the petitioner’s proposed operations. The FAA also finds that prior documented flight experience that was obtained in compli anc e with applicable regulations would satisf y this requirement. Training, proficienc y, and experienc e -building flights can also be conducted under the grant of exemption to accomplish the required flight time. During training, proficienc y, and experienc e -building flights the P IC is required to operate the UA with appropriate distances in accordance with 14 C.F.R 91.119.

Exemption No. 11138 at page 15. Accordingl y, DigiDom LLC wil l ensure saf e operation s b y no t allowin g any P IC to operate the D J I Phantom 3 UAS unless that P IC ha s demonstrated, b y meeting minimum flight

- hour and currency requirements, that the PI C is able to safel y operate the D J I Phantom 3 UAS in a manner consistent with the exemption, including evasive and emergency m aneuvers and maintaining appropriate distances from people, vessels, vehicles and structures.

**3. Reasons**  **Why A**  **n Exemption**  **Fro m**  **The Requirements**  **O f**  **Section 91.7(a)**  **Would Not**  **Adversely Affect**  **Safety.**22

The equivalent level o f safety established b y S e ction 91.7(a) will b e maintained because prior to every f light, DigiDom LLC wil l ensure that the D J I Phantom 3 UAS is in an airworth y condition based upon the UAS’s compli anc e with its operating documents and as stated in the conditions and limitations herein. Additionally, the FAA ha s previous l y granted relief from Section 91.7(a) specific to UAS, in circumstances similar, in all material respects, to those presented herein (e.g. Exemption Nos. 11062 , 11063 , 11064 , 11065 , 11066 , 11067 , 11080 , 11109 , 11110 , 11112 , 11136 , 11138 , 11150, 11153, 11156, 11157, 11158, 11159, 11160, 11161).

**4. Reasons**  **Why An**  **Exemption From**  **The Requirements**  **O f**  **Section 91.121**  **Would Not**  **Adversely A f** 

**fect Safety.** The equivalent level of safety established b y S ection 91.121 will be maintained because the altitude information of the D J I Phantom 3 UA S will be provided to the PI C vi a GPS equipment and a radio communications telemetry d ata link , which downlinks from the UA to th e GCS for active monitoring of th e flight path and altitude. This altitude information, combined with DigiDom LLC’s operation of the D J I Phantom 3 UA S within visual line of sight, at or below 500 feet AGL, will ensure a lev e l o f safety e quivalent to Section 91.121. The altitude information will be generated b y GP S equipment installed onboard th e aircraft. Prior to each flight, a zero altitude initiation point is automatically established b y th e UA S at ground level. The FAA has previously granted relief from Section 91.121 specific to UAS, in circumstances similar, in all material respects, to those presented herein (e.g. Exemption Nos. 11062, 11063, 11064 , 11065 , 11066 , 11067 , 11080 , 11109 , 11112 , 11136 , 11138 , 11150 , 11153 , 11156 , 11157, 11158, 11159, 11160, 11161).

**5. Reasons**  **Why An**  **Exemption Fro**  **m The**  **Requirements O**  **f Section**  **91.151(b) Would**  **Not Adversely Affect**  **Safety.** A grant of this exemption would ensure an equivalent level of safet y established b y 14 C.F.R. Section 91.151(b) as a result of (1) the technical specifications of the DJI Phantom 3 UA S ; (2) the limitations on the proposed flight operations; and (3) the location of the proposed flight operations. Accordingl y, DigiDom LLC wil l ensure that it wil l saf e l y operate the battery powered D J I Phantom 3 UA S during day li ght hours in VFR conditions, with enough battery power to fl y for a total duration of 23 minutes. Here , as in Exemption No. 11109, the technical specifications of the DJI Phantom 3 UA S ; the limitations on the proposed flight operations; and the location of the proposed operations, will
ensure an equivalent leve l of safet y established b y 14 C.F.R. Section 91.151(b). Furthermore, safety will be ensured as the DJ I Phantom 3 UA S provide audible and visual warnings to the P IC at the GCS when the UA S experiences low battery voltage, the first warning occurring at approximately 3 3 % remaining battery power, and again at approximately 10 % remaining battery23

power. At the critically low battery level, the D J I Phantom 3 UAS wil l descend and land automatically
. Significantl y, previous exemptions grante d b y th e FAA concerning Section 91.151 establish that safety is not adverse l y affected when the technical characteristics and operating limitations of the UAS are considered. Relief has been granted for manned aircraft to operate at less than the minimums prescribed in Section 91.151, including Exemption Nos. 2689, 5745, and 10650. Moreover, the FAA ha s previously granted relief from Section 91.151 specific to UAS, in circumstances similar, in all material respects, to those presented herein (e.g. Exemption Nos. 8811, 10808, 10673, 11042, 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110, 11136, 11138, 11150, 11153, 11156, 11157, 11158, 11159, 11160, 11161).

**6. Reasons**  **Why An**  **Exemption From**  **The Requirem**  **e nts**  **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, DigiDom LLC submits that the equivalent level of safety with regard to the regulatory

m aintenance and alteration requirements established by Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b ) wil l b e met because DigiDom LLC will
use trained technicians to perform maintenance, alterations, or preventive maintenance on the UA S using the methods, techniques, and practices prescribed in the operating documents (i.e., the DigiDom LLC Aerial Operations Manual, Monthl y Maintenance Log , and D J I Phantom 3 Instruction Manual). Furthermore, DigiDom LLC will document and maintain all maintenance records for the DJ I P hantom 3 UAS. Since the D J I Phantom 3 UA S will be inspected as prescribed b y the operating documents, DigiDom LLC will maintain the equivalent level of safet y established b y S ections 91.405(a) , 91.409(a)(1), and 91.409(a)(2). A cop y of th e D J I Phantom 3 User Manuals are attached hereto as Appendix A and B ; a cop y o f the D J I Phantom 3 UA S Maintenance LOG is attached hereto as Appendix C. Likewise, th e exemption sought will not adversely affect safet y because DigiDom LLC will use trained technicians to perform maintenance, alterations or preventive maintenance on the UAS using the methods, techniques, and practices prescribed b y the operating documents. Furthermore, the exemption sought would maintain an equivalent level of safety established by Sections 91.407, 91.417(a) and 91.417(b), because all maintenance of the DJ I P hantom 3 UAS will be performed b y trained technicians. Maintenance will be documente d and maintained utilizing the monthly maintenance log. Significantl y, previous exemptions grante d 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 safet y is not adverse l y affected when the technical characteristics and operating limitations of the UAS are considered.24

Inc onsideration of DigiDom LLC’s proposed operating limitations, the operating documents, and the technical aspects of the D J I Phantom 3 UA S , DigiDom LLC submits that safety wil l no t b e adversel y affecte d b y 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 ha s previous l y granted relief specific t o UAS in circumstances similar, in all m aterial respects, to those presented herein (e.g. Exemption Nos. 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110, 11112, 11136, 11138, 11150, 11153, 11156, 11157, 11158, 11159, 11160, 11161). **7. The FAA May Prescribe Any Other Conditions For Safe Operation.** In accordance with Section 333 of the FAA Modernization and Reform Act of 2012 (FMRA) and 14 C.F.R. § 21.16 entitled Special Conditions, DigiDom LLC requests that the FAA prescribe special conditions for the intended operation of the DJ I Phantom 3 UA S , which contain such safety

s tandards that the Administrator finds necessary to establish a level of safety equivalent to that established b y 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 o f th e UA S for the limited purpose of conducting aerial video and photograph y o ver certain areas of the United States for compensation or hire. FMRA Section 333 set s forth the requirements for considering whether a UA S wil l create a hazard to users o f th e NA S or the public , o r otherwis e pos e a threat to national securit y; and further, provides the authority f o r such UAS to operate without airworthiness certification in accordance with any requirements that must be established for the saf e operation of the UAS in the NAS. Likewise, the Administrator may prescribe special conditions pursuant to 14 C.F.R. § 21.16, for operation o f the D J I Phantom 3 UAS , since the airworthiness regulations of 14 C.F.R. Part 21 do no t contain adequate or appropriate safety standards, due to the novel or unusual design features of the aircraft. Section 21.16, entitled Special C onditions, states the following: I f the FAA finds that the airworthiness regulations of this subchapter do not contain adequate or appropriate safety standards for an aircraft, aircraft engine, or propeller becaus e of a novel or unusual design feature of the aircraft, aircraft engine or propeller, he prescribes special conditions and amendments thereto for the product. The special conditions are issued in accordance with Part 11 of this chapter and contain such safety standards for the aircraft, aircraft en gine or propeller as the FAA finds necessary to establish a level of safet y 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 condition s for Leading Edge’s intended operation of the DJ I P hantom 3 UA S , which contain such safety s tandards that the Administrator finds necessary to establish a level of safety equivalent to that established b y 14 C.F.R

. Part 21, Subpart H, and 14 C.F.R Se ctions25

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**  **Summary That**  **Ca n**  **Be Published**  **I n**  **The Federal**  **Register, stating:**  **The Rules From Which**  **DigiDom LLC Seeks Exemption:** 

The ALTEK MEDIA GROUP seeks exemption from the requirements of 14 C.F.R Sections 61.113(a)&(b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b). **A Brief**  **Description Of**  **Th e**  **Nature O**  **f Th**  **e Exemption**  **DigiDom LLC Seeks:**  This exemption will permit DigiDom LLC to commercially operate an Unmanned Aircraft System (UAS) for the purpose of conducting aerial video and photography over certain areas of the United States.

**• Any**  **Additional Information,**  **V i**  **ews, Or**  **Arguments Available**  **To Support**  **DigiDom LLC ’**  **s Request.**

This Petition is made pursuant to the FAA Modernization and Reform Act of 2012 (FMRA) Section 333, which directs the Secretary o f Transportation to determine if certain UAS
may operate safel y in the NAS. As such, DigiDom LLC ’s request for exemption may be granted pursuant to the authority of FMRA Section 333 and 1 4 C.F.R. P art 11, as set forth above. FMRA Section 333 set s forth the requirements for considering whether a UAS will create a hazard to users o f the NA S or the public, or otherwise pose a threat to national securit y; and further, provides the authority for such UA S to operate without airworthiness certification. As discussed in detail above, DigiDom LLC will operate the DJ I P hantom 3 UA S safe l y in the NAS , without creating a hazard to users of the NAS , or the public, or otherwise pose a threat to national securit y. **CONCLUSION** As set forth herein, DigiDom LLC seeks an exemption pursuant to 14 C.F.R. § 11.61 and Section 333 of the FAA Modernization and Reform Act of 201 2 (FMRA), which will permit saf

e operation o f the DJ I P hantom 3 UA S commercial l y, without an airworthiness certificate, for the limited purpose of conducting aerial video and photography over certain areas of the United States. B y granting this Petition, the FAA Administrator will be fulfilling the Congressional m andate of the F AA Modernization and Reform A ct of 2 012, while als o advancing the interests of the public, b y allowing DigiDom LLC to safe l y, efficientl y, and economicall y operate the D J I Phantom 3 UAS commercially within the NAS.**WHEREFOR E**  , in accordance with th e Federal Aviation Regulations and the FAA

Modernization and Reform Act of 2012, Section 333, DigiDom LLC respectful l y 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 D J I Phantom 3 UA S commercial l y for the purpose o f conducting aerial video and photograp h y over certain areas of the United States. Dated: June 10, 2015 Respectfully submitted,

Dominic Landucci President DigiDom LLC PO Box 2511 Albany, OR 97321

**Appendices :** 

A

– Link to D J I Phantom 3 Manual: Click on link below

http://download.dji

innovations.com/downloads/phantom_3/en/Phantom_3_Professional_User_Manual_v1.0_en.pdf27