### UNITED STATES OF AMERICA DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION

Regulatory Docket No. _______________

IN THE MATTER OF THE PETITION FOR EXEMPTION OF LOVIVE LAVERDURE FOR AN EXEMPTION SEEKING RELIEF FROM THE REQUIREMENTS OF TITLE 14 OF THE CODE OF FEDERAL REGULATIONS SECTIONS 61.23(a) & (c), 61.101(e)(4) & (5), 61.113(a), 61.315(a), 91.7(a), 91.119(c), 91.121, 91.151(a) & (b), 91.405 (a), 91.407(a)(1), 91.409(a)(1) & (2), AND 91.417(a) & (b) CONCERNING COMMERCIAL OPERATION OF DJI PHANTOM 3 PROFESSIONAL UNMANNED AIRCRAFT SYSTEMS PURSUANT TO SECTION 333 OF THE FEDERAL AVIATION ADMINISTRATION MODERNIZATION AND REFORM ACT OF 2012 (PUBLIC LAW 112-95)

Dated March 10, 2016 Section 333 Petition

Lovive Laverdure

1I. Introduction Lovive Laverdure, pursuant to the provisions of the Federal Aviation Regulations (14 C.F.R. § 11.61) and the FAA Modernization and Reform Act of 2012 (FMRA), Section 333, Special Rules for Certain Unmanned Aircraft Systems, seeks an exemption from the requirements of 14 C.F.R Sections 61.23(a) and (c), 61.101(e)(4) and (5), 61.113(a), 61.315(a), 91.7(a), 91.119(c), 91.121, 91.151(a) and (b), 91.405(a), 91.407(a)(1), 91.409(a)(1) and (2), and 91.417(a) and (b) in order to permit Lovive Lavedure to commercially operate the DJI Phantom 3 Professional Unmanned Aircraft System (UAS), without an airworthiness certificate, for the purpose of conducting aerial data collection over certain areas of the United States. The objective of Mr. Laverdure’s aerial data collection is to provide high quality imaging for events, including polo events and surfing exhibitions, and local businesses. The DJI Phantom 3 Professional UAS is a vertical takeoff and landing (VTOL) Unmanned Aircraft (UA) with a Ground Control Station (GCS) utilizing electronic tablet or smart phone systems. The DJI Phantom 3 Professional UAS has a maximum gross weight of approximately 2 pounds 11 ounces, with a length of 16 inches, a width of 16 inches, a height of 8 inches, and a maximum speed of approximately 29 knots. The DJI Phantom 3 Professional is equipped with four main rotors and is driven by Lithium Polymer battery-powered electric motors. Any DJI Phantom 3 Professional that will be operated by Mr. Laverdure 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. In consideration of the speed, weight, size, and limited operating area associated with the UA and its operation, Mr. Laverdure’s operation of DJI Phantom 3 Professional UAS meets the conditions of FMRA Section 333 and therefore, does not require an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H. In accordance with 14 C.F.R. § 11.81, Mr. Laverdure provides the following information below in support of his petition for exemption. II. Exemption Request A. Name And Address Of The Petitioner The name and address of the Petitioner and point of contact is: Lovive Laverdure 11300 Foothill Blvd. #42 Lake View Terrace, CA 91342 Tel: (310) 795-3322 Email: Loviveee@gmail.com

B. The Specific Sections of 14 C.F.R. From Which Mr. Laverdure Seeks Exemption

• 14 CFR § 61.23(a) & (c) Section 333 Petition Lovive Laverdure

2• 14 CFR § 61.101(e)(4) & (5)

• 14 CFR § 61.113(a)

• 14 CFR § 61.315(a)

• 14 CFR § 91.7(a)

• 14 CFR § 91.119(c)

• 14 CFR § 91.121

• 14 CFR § 91.151(a) & (b)

• 14 CFR § 91.405(a)

• 14 CFR § 91.407(a)(1)

• 14 CFR § 91.409(a)(1) & (2)

• 14 CFR § 91.417(a) & (b)

• And any other sections of 14 C.F.R. from which exemption is required in order to safely commercially operate the UAS in the National Air System (NAS) C. The Extent of Relief Mr. Laverdure Seeks and the Reasons for Such Relief 1. The Extent of Relief Mr. Laverdure Seeks

• Relief from 14 CFR § 61.23(a) and (c) is requested to the extent necessary to allow the Pilot in Command (PIC) to hold a current FAA airman medical certificate or a valid U.S. driver’s license issued by a state, the District of Columbia, Puerto Rico, a territory, a possession, or the Federal government.

• Relief from 14 CFR § 61.101(e)(4) and (5) is requested in order to allow Mr. Laverdure to operate the DJI Phantom 3 Professional UAS for compensation or hire and in furtherance of Mr. Laverdure’s business.

• Relief from 14 CFR § 61.113(a) is requested to the extent necessary to allow the PIC to hold a sport pilot or higher airman certificate and a current FAA airman medical certificate or a valid U.S. driver’s license issued by a state, the District of Columbia, Puerto Rico, a territory, a possession, or the Federal government and who has also met currency requirements as stipulated by the FAA for acting as PIC of a UAS, to conduct the proposed UAS flight operations for compensation or hire.

• Relief from 14 CFR § 61.315(a) is requested to the extent necessary to allow a holder of a sport pilot certificate or higher airman certificate to operate a UAS for compensation or hire and in furtherance of a business.

• Relief from 14 CFR § 91.7(a) is requested to the extent required to allow Mr. Laverdure to determine that the DJI Phantom 3 Professional UAS is in airworthy condition prior to every flight by ensuring that the UAS is in compliance with the Section 333 Petition

Lovive Laverdure

3operating documents ( i.e. , the monthly maintenance log and DJI Phantom 3 Professional Instruction Manual).

• Relief from 14 CFR § 91.119(c) is requested so that Mr. Laverdure can operate the DJI Phantom 3 Professional at altitudes of lower than 500 feet above the surface and closer than 500 feet to persons, vessels, vehicles, or structures.

• Relief from 14 CFR § 91.119(c) is requested so that the UA’s altimeter may be set on the ground to zero feet Above Ground Level (AGL), rather than the local barometric pressure or field altitude, before each flight, given that the FAA requires that any altitude information concerning UAS operations be reported to Air Traffic Control (ATC) in feet AGL.

• Relief from 14 CFR § 91.151(a) and (b) is requested so that Mr. Laverdure may operate the DJI Phantom 3 Professional provided there is enough available power for the UA to conduct the intended operation and to operate after that for at least 5 minutes or with the reserve power recommended by the manufacturer, if greater.

• Relief from 14 CFR §§ 91.405(a), 91.407(a)(1), 14 CFR § 91.409(a)(1) and (2), and 14 CFR § 91.417(a) and (b) is requested because these sections only apply to aircraft with an airworthiness certificate and, pursuant to FMRA Section 333, the DJI Phantom 3 Professional meets the conditions for operation without an airworthiness certificate. (a) The Reasons for Such Relief Lovive Laverdure sees relief from the aforementioned sections of 14 C.F.R. in order to safely operate a UAS in the National Airspace System (NAS) and collect aerial data for commercial purposes. Absent such relief, Mr. Laverdure will not be able to operate the DJI Phantom 3 Professional for commercial purposes or in a manner consistent with other UAS exemptions granted in the past by the FAA. The relief Mr. Laverdure seeks is in conformity with UAS exemptions the FAA has issued in the past. See, e.g. , Grants of Exemption Nos. 11062 to Astaeus Aerial (Docket No. FAA-2014-0352), 11109 to Clayco, Inc. (Docket No. FAA-2014-0507), 11112 to VDOS Global, LLC (Docket No. FAA-2014-0382), 11213 to Aeryon Labs, Inc. (Docket No. FAA-2014-0642), and 12645 to Allied Drones (Docket No. FAA-2014-0804). D. The Reasons Why Granting Mr. Laverdure’s Request is in the Public Interest and Benefits the Public as a Whole The FAA has previously found that allowing the UAS operations described in this Petition is in the public interest given the enhanced safety of using an UA as opposed to a larger manned aircraft carrying both crew and flammable fuel. See, e.g. , Grants of Exemption Nos. 11062 to Astaeus Aerial (Docket No. FAA-2014-0352), 11109 to Clayco, Inc. (Docket No. Section 333 Petition

Lovive Laverdure

4FAA-2014-0507), 11112 to VDOS Global, LLC (Docket No. FAA-2014-0382), 11213 to Aeryon Labs, Inc. (Docket No. FAA-2014-0642), and 12645 to Allied Drones (Docket No. FAA-2014-0804). Specifically, Mr. Laverdure’s request is in the public interest and benefits the public as a whole in the following ways: Decreased Congestion of the National Airspace System The DJI Phantom 3 Professional UAS is battery powered and serves as a safe, efficient, and economical alternative to the manned aircraft traditionally utilized to obtain aerial imagery. By reducing the amount of manned aircraft needed to perform aerial acquisitions, an exemption allowing the use of a DJI Phantom 3 Professional UAS would reduce the amount of manned aircraft in the NAS, reduce noise and air pollution, and increase the safety of life and property in the air and on the ground. Furthermore, by reducing the number of manned aircraft operating in the NAS, congestion around airports caused by arriving and departing aircraft will be reduced, as the DJI Phantom 3 Professional does not require an airport to takeoff or land. Likewise, a reduction of manned aircraft conducting aerial video and photography missions would result in fewer aircraft that must be handled by ATC during the ground, takeoff, departure, arrival, and landing phases of flight operations. Drastically Reduced Noise and Air Pollution Conducting aerial data collection with the DJI Phantom 3 Professional UAS will greatly benefit the public by drastically reducing the levels of air and noise pollution generated during traditional aerial video and photography flight operations using manned aircraft. By using battery power and an electric motor, the DJI Phantom 3 Professional UAS produces no air pollution and is the most viable environmentally conscious alternative to the internal combustion engine aircraft that are typically utilized for aerial video and photography. The DJI Phantom 3 Professional, propelled by nearly silent battery powered electric motors as opposed to an internal combustion engine used to power traditional aircraft, also eliminates noise pollution. Safety And Efficiency of the DJI Phantom 3 Professional as Opposed to Manned Aircraft for Aerial Data Collection The use of a DJI Phantom 3 Professional UAS to perform aerial data collection substantially reduces the risk to life and property, both in the air and on the ground, when compared to the use of traditional manned aircraft to conduct such operations. Aside from the lack of flight crew members located onboard the aircraft, the DJI Phantom 3 Professional UA weighs less than 3 pounds at its maximum gross weight, is only 16 inches in length,16 inches in width, and 8 inches in height, and carries no fuel on board. These physical characteristics render the DJI Phantom 3 Professional a safer alternative for aerial data collection than a traditional aircraft, which is significantly larger, less maneuverable, and carries combustible fuel on board. Section 333 Petition

Lovive Laverdure

5A Cost-Effective Services to Individuals, Groups, and Businesses Seeking Aerial Data Collection and a Benefit to the United States Economy as a Whole In addition to being safe and efficient, the DJI Phantom 3 Professional UAS provides an economical alternative to using manned aircraft to conduct aerial data collection. The rising cost of aviation fuels, as well as the expenses of hiring a manned aircraft and commercial pilot, render aerial data collection too expensive for many individuals, groups, and small businesses to afford. Allowing Mr. Laverdure to commercially operate the DJI Phantom 3 Professional UAS will provide a cost-effective alternative to these individuals, groups, and businesses. Furthermore, the size and unique operating capabilities of the DJI Phantom 3 Professional UAS allows greater operational flexibility compared to manned aircraft that will enhance the quality of aerial data collection. In addition, by allowing companies such as Mr. Laverdure’s to operate the DJI Phantom 3 Professional in a commercial capacity, the FAA will foster the growth of the U.S. economy by allowing such companies to remain competitive and profitable. Improved financial performance of U.S. companies, through commercial use of the DJI Phantom 3 Professional and other UASs, provides a stable workforce that increases consumer spending, improves local, state, and federal tax revenues, and allows companies to invest in research and development in order to remain competitive both in the United States and abroad. No Privacy Concerns are Implicated All flights will occur over private or controlled access property with the property owner’s prior consent and knowledge. Filming will be of people who have also consented to being filmed or otherwise have agreed to be in the area where filming will take place. E. The Reasons Why Granting the Exemption Will Not Adversely Affect Safety and Will Provide a Level Of Safety at Least Equal to That Provided By the Rules From Which Mr. Laverdure Seeks Exemption. The FAA has previously found using an UA with the specifications described in this Petition and carrying no passengers or crew, rather than a manned aircraft of significantly greater proportions, carrying both crew and flammable fuel, provides enhanced safety for the purposes of aerial data collection. See, e.g. , Grants of Exemption Nos. 11062 to Astaeus Aerial (Docket No. FAA-2014-0352), 11109 to Clayco, Inc. (Docket No. FAA-2014-0507), 11112 to VDOS Global, LLC (Docket No. FAA-2014-0382), 11213 to Aeryon Labs, Inc. (Docket No. FAA-2014-0642), and 12645 to Allied Drones (Docket No. FAA-2014-0804). To ensure the highest level of safety, all flights of the DJI Phantom 3 Professional UAS will be conducted pursuant to the following operating limitations:

• Operations will be limited to the DJI Phantom 3 Professional UAS when weighing less than 55 pounds, including payload. Section 333 Petition Lovive Laverdure

6• The UA will not be operated at a speed exceeding 87 knots (100 miles per hour) based on calibrated airspeed or groundspeed. In no case will the UA be operated at airspeeds greater than the maximum UA operating airspeed recommended by the aircraft manufacturer.

• The UA will be operated at an altitude of no more than 500 feet AGL. Altitude will be reported in feet AGL.

• The UA will be operated within visual line of sight (VLOS) of the PIC at all times. The PIC must be able to use human vision unaided by any device other than corrective lenses, as specified on the PIC’s FAA issued airman medical certificate or U.S. driver’s license.

• All operations will utilize a visual observer (VO). The UA will be operated within the visual line of sight (VLOS) of the PIC and VO at all times. The VO may be used to satisfy the VLOS requirement as long as the PIC always maintains VLOS capability. The VO and PIC must be able to communicate verbally at all times; electronic messaging or texting will not be permitted during flight operations. The PIC will be designated before the flight and cannot transfer his or her designation for the duration of the flight. The PIC must ensure that the VO can perform the duties required of the VO.

• The UAS operating documents (including the DJI Phantom 3 Professional Operating Manual, monthly maintenance logs, and the exemption granted by the FAA) will be accessible during UAS operations and made available to the Administrator upon request. If a discrepancy exists between the conditions and limitations in the exemption and the procedures outlined in the operating documents, the conditions and limitations of the exemption will take precedence and be followed. Otherwise, the operator will follow the procedures as outlined in its operating documents. The operator may update or revise its operating documents to ensure safe operations. It is the operator’s responsibility to track such revisions and present updated and revised documents to the Administrator or any law enforcement official upon request. The operator will also present updated and revised documents if it petitions for extension or amendment to any exemption that has been granted. If the operator determines that any update or revision would affect the basis upon which the FAA granted this exemption, then the operator will petition for an amendment to its grant of exemption.

• 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 prior to conducting further operations under this exemption. Functional test flights will only be conducted by a PIC with a VO and Section 333 Petition

Lovive Laverdure

7must remain at least 500 feet from other people. The functional test flight will be conducted in such a manner so as to not pose an undue hazard to persons and property.

• The operator will be responsible for maintaining and inspecting the UAS to ensure that it is in a condition for safe operation.

• Prior to each flight, the PIC will conduct a pre-flight inspection and determine that the UAS is in a condition for safe flight. The pre-flight inspection must account for all potential discrepancies, e.g., inoperable components, items, or equipment. If the inspection reveals a condition that affects the safe operation of the UAS, the aircraft will be prohibited from operating until the necessary maintenance has been performed and the UAS is found to be in a condition for safe flight.

• The operator must follow the UAS manufacturer’s maintenance, overhaul, replacement, inspection, and life limit requirements for the aircraft and aircraft components.

• All UASs will comply with all manufacturer safety bulletins.

• The PIC will hold either an airline transport, commercial, private, recreational, or sport pilot certificate. The PIC must also hold a current FAA airman medical certificate or a valid U.S. driver’s license issued by a state, the District of Columbia, Puerto Rico, a territory, a possession, or the Federal government. The PIC must also meet the flight review requirements specified in 14 CFR § 61.56 in an aircraft in which the PIC is rated on his or her pilot certificate.

• The operator will not permit any PIC to operate unless the PIC demonstrates the ability to safely operate the UAS in a manner consistent with how the UAS will be operated under this exemption, including evasive and emergency maneuvers and maintaining appropriate distances from persons, vessels, vehicles, and structures. PIC qualification flight hours and currency will be logged in a manner consistent with 14 CFR § 61.51(b). Training operations will only be conducted during dedicated training sessions. During training, proficiency, and experience-building flights, all persons not essential for flight operations will be considered nonparticipants, and the PIC will operate the UA with appropriate distance from nonparticipants in accordance with 14 CFR § 91.119.

• UAS operations will not be conducted during night, as defined in 14 CFR § 1.1. All operations will be conducted under visual meteorological conditions (VMC). Flights under special visual flight rules (SVFR) will not be allowed.

• The UA will not operate within 5 nautical miles of an airport reference point (ARP) as denoted in the current FAA Airport/Facility Directory (AFD) or for airports not Section 333 Petition

Lovive Laverdure

8denoted with an ARP, the center of the airport symbol as denoted on the current FAApublished aeronautical chart, unless a letter of agreement with that airport’s management is obtained or otherwise permitted by a COA issued to Lovive Laverdure. The letter of agreement with the airport management will be made available to the Administrator or any law enforcement official upon request.

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

• For tethered UAS operations, the tether line will have colored pennants or streamers attached at not more than 50 foot intervals beginning at 150 feet above the surface of the earth and visible from at least one mile, unless the UAS is operating exclusively below the top of and within 250 feet of any structure, so long as the UA operation does not obscure the lighting of the structure.

• If the UAS loses communications or loses its GPS signal, the UA will return to a predetermined location within the private or controlled-access property.

• The PIC will abort the flight in the event of unpredicted obstacles or emergencies.

• The PIC will be prohibited from beginning a flight unless (considering wind and forecast weather conditions) there is enough available power for the UA to conduct the intended operation and to operate after that for at least 5 minutes or with the reserve power recommended by the manufacturer if greater.

• All operations shall be conducted in accordance with an Air Traffic Organization (ATO) issued Certificate of Waiver or Authorization (COA). Lovive Laverdure will apply for a new or amended COA if Mr. Laverdure intends to conduct operations that cannot be conducted under the terms of the originally-issued COA.

• All aircraft operated in accordance with any exemption will be identified by serial number, registered in accordance with 14 CFR part 47, and have identification (N

− Number) markings in accordance with 14 CFR part 45, Subpart C. Markings will be as large as practicable.

• Documents used by the operator to ensure the safe operation and flight of the UAS and any documents required under 14 CFR §§ 91.9 and 91.203 will be available to the PIC at the Ground Control Station of the UAS any time the aircraft is operating. These documents will be made available to the Administrator or any law enforcement official upon request.

• The UA will remain clear and give way to all manned aviation operations and activities at all times.

• The UAS will not be operated by the PIC from any moving device or vehicle. Section 333 Petition

Lovive Laverdure

9• All Flight operations will be conducted at least 500 feet from all nonparticipating persons, vessels, vehicles, and structures unless:

- 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 in a manner ensuring the safety of nonparticipating persons; and

- The owner/controller of any vessels, vehicles or structures has granted permission for operating closer to those objects and the PIC has made a safety assessment of the risk of operating closer to those objects and determined that it does not present an undue hazard.

• All operations will be conducted over private or controlled-access property with permission from the property owner/controller or authorized representative. Permission from property owner/controller or authorized representative will be obtained for each flight to be conducted.

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

− 80) within 24 hours. Accidents will be reported to the National Transportation Safety Board (NTSB) per instructions contained on the NTSB Web site: www.ntsb.gov

. F. A Summary That Can Be Published In The Federal Register

Lovive Laverdure seeks exemption from the requirements of 14 C.F.R Sections 61.23(a) and (c), 61.101(e)(4) and (5), 61.113(a), 61.315(a), 91.7(a), 91.119(c), 91.121, 91.151(a) and (b), 91.405(a), 91.407(a)(1), 91.409(a)(1) and (2), and 91.417(a) and (b). This exemption will permit Lovive Laverdure to commercially operate an Unmanned Aircraft System (UAS) for the purpose of conducting aerial video and photography over certain areas of the United States. G. Any Additional Information, Views, Or Arguments Available To Support Mr. Laverdure’s Request. Lovive Laverdure will follow all applicable C.F.Rs, FARs, and other applicable laws when operating the the DJI Phantom 3 Professional UAS. Mr. Laverdure’s highest concern will be ensuring the safety and well-being of all individuals in the vicinity during operations. III. Conclusion As set forth herein and in accordance with the Federal Aviation Regulations and the FAA Modernization and Reform Act of 2012, Section 333, Lovive Laverdure respectfully requests that the Administrator grant an exemption from the requirements of 14 C.F.R Sections 61.23(a) Section 333 Petition

Lovive Laverdure

10and (c), 61.101(e)(4) and (5), 61.113(a), 61.315(a), 91.7(a), 91.119(c), 91.121, 91.151(a) and (b), 91.405(a), 91.407(a)(1), 91.409(a)(1) and (2), and 91.417(a) and (b) in order to permit Lovive Lavedure to commercially operate the DJI Phantom 3 Professional UAS, without an airworthiness certificate, for the purpose of conducting aerial data collection over certain areas of the United States.

Dated March 10, 2016

Lovive Laverdure 11300 Foothill Blvd. #42 Lake View Terrace, CA 91342 Tel: (310) 795-3322 Email: Loviveee@gmail.com Section 333 Petition Lovive Laverdure

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