1 | Page UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

FEDERAL AVIATION ADMINISTRATION WASHINGTON, DC

Regulatory Docket No. _______________

IN THE MATTER OF THE PETITION FOR EXEMPTION OF:

JOHN DEPRIN

FOR AN EXEMPTION SEEKING RELIEF FR OM THE REQUIREMENTS OF TITLE 14 OF

THE CODE OF FEDERAL REGULATIONS SE CTIONS 61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), AND 91.417(a) & (b) CONCERNING

COMMERCIAL OPERATION OF DJI PHANTOM 3 AND DJI INSPIRE 1 UNMANNED

AIRCRAFT SYSTEMS PURSUANT TO SECT ION 333 OF THE FAA MODERNIZATION AND REFORM ACT OF 2012 (P UBLIC LAW 112-95)

Submitted on September 30, 2015

JOHN DEPRIN

392 Ocean Blvd Atlantic Beach, Fl. 32233

904-248-1816 ddeprin@gmail.com2 | Page TABLE OF CONTENTS Page

GLOSSARY OF

ABBREVIATIONS.................................................................................................................3

SUMMARY........................................................................................................................ ..... 4

INTRODUCTION AND INTERESTS OF PETITIONER......................................................4

BACKGROUND.....................................................................................................................5

BASIS FOR PETITION...........................................................................................................5

NAME AND ADDRESS OF PETITIONER................................................................6

THE SPECIFIC SECTIONS OF 14 C.F.R. FROM WHICH

JOHN DEPRIN SEEKS EXEMPTION.......................................................................7

THE EXTENT OF RELIEF JOHN DEPRIN SEEKS AND

THE REASON JOHN DEPRIN SEEKS THE RELIEF....................................11

THE REASONS WHY GRANTING JOHN DEPRIN REQUEST

WOULD BE IN THE PUBLIC INTEREST .............................................................12

THE REASONS WHY GRANTING THE EXEMPTION WOULD NOT

ADVERSELY AFFECT SAFETY..............................................................................14

CONCLUSION..................................................................................................................... ..253 | Page 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 Certific ate 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 Moderniza tion and Reform Act of 2012 (FMRA) SO Safety Observer SOP Standard Operating Procedures

UA Unmanned Aircraft UAS Unmanned Aircraft System VFR Visual Flight Rules

VO Visual Observer

VLOS Visual Line of Site VMC Visual Meteorological Conditions VTOL Vertical Takeoff and Landing

DJI UAV manufacturer ESC Electronic speed control

FPV First Person View LI-PO Lithium Polymer battery

RCV Radio Controlled vehicle4 | Page U.S. Department of Transportation Docket Management System 1200 New Jersey Ave., SE Washington, DC 20590

Re: Exemption Request Under Se ction 333 of the FAA Reform Ac t and Part 11 of the Federal Aviation Regulations

Dear Sir or Madam:

SUMMARY

JOHN DEPRIN seeks exemption from the requireme nts 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), a nd 91.417(a) & (b), to operate an Unmanned Aircraft System pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (FMRA). This exempti on will permit JOHN DEPRIN to operate an Unmanned Aircraft System (UAS) for the comme rcial purpose of conducting aerial video and photography for Marketing, film sets, real es tate photography, commercials, special events, wedding cinematography, and search and rescue over certain areas of the United States.

INTRODUCTION AND INTERESTS OF THE PETITIONER

My name is JOHN DEPRIN, and I am a drone opera tor (pilot) with expertise and knowledge in all aspects of building, programing, and operating multiple types of UAS'S along with camera set up and operation. JOHN DEPRIN also provides client s with the highest quality digital content for use in their commercial, personal, and non-profit multimedia proj ects. JOHN DEPRIN has years of RCV experience. JOHN DEPRIN is rec ognized as an expert in this field and has repaired drones as a business line.

The objective of JOHN DEPRIN’s aerial video and photography ope rations is to provide high quality imaging for a variety of commercial, public, and residential uses, along with testing repaired drones for clients in a safe location aw ay from all obstetrical and people at all times. JOHN DEPRIN will also provide knowledge of UAS and promote safe UAS operations.5 | Page BACKGROUND

Unmanned Aircraft Systems operation exemp tion: DJI Phantom 3, DJI Inspire 1 UASs

JOHN DEPRIN seeks an exemption to operate DJI systems for compensation or hire within the NAS. The DJI Phantom 3 and DJI Inspire 1 are ve rtical takeoff and la nding (VTOL) Unmanned Aircraft (UA) with a Ground Control Station (G CS) utilizing electronic tablet or smart phone systems. The DJI Phantom 3 has a maximum gro ss weight of approxima tely 2 pounds 14 ounces, while having a length of 16 inches width of 16 in ches, height of 8 inches, and a maximum speed of approximately 29 knots. The DJI Inspire 1 has a maximum gross weight of 6 pounds 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 42 knots. The DJI Phantom 3 and DJI Inspire 1UAs are equipped with four main rotors; driven by Lithium Poly mer battery powered electric motors.

The DJI Phantom 3 and DJI Inspire 1 UAs th at will be operated by JOHN DEPRIN will be registered in accordance with 49 U.S.C. 44103, Regist ration of Aircraft, as well as 14 C.F.R Part 47, Aircraft Registration, and marked in accord ance with 14 C.F.R. Part 45, Identification and Registration Markings.

BASIS FOR PETITION

Petitioner, JOHN DEPRIN, pursuant to th e 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 Unmanne d Aircraft Systems, hereby petitions the Administrator to commercially operate the DJI Phantom 3, DJI Inspire 1 UASs in the National Airspace System (NAS), and for an exemption fr om 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, a nd limited operating area associated with the unmanned aircraft and its opera tion, JOHN DEPRIN operation of DJI Phantom 3 and DJI Inspire

1 UASs meets the conditions of FMRA Secti on 333 and therefore, will not require an

airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H.

Accordingly, JOHN DEPRIN requests reli ef from Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b), as th ese sections set forth requirements for maintenance that only apply to aircraft with an airworthin ess certificate.

JOHN DEPRIN submits that the requested relief is proper since an equivalent level of safety will be ensured. JOHN DEPRIN will use e xperienced personnel or technicians to perform maintenance, alterations, or preventive maintena nce on the UASs using the methods, techniques,6 | Page and practices prescribed in the operating documents. Furthermore, JOHN DEPRIN will

document and maintain all maintenance records for the DJI Phantom 3 and DJI Inspire 1 UASs (i.e., Monthly Maintenance Log, and DJI Phanto m 3 and DJI Inspire 1 Instruction Manual).

Relief from certain requirements of Section 61.113(a) and (b), en titled Private pilot privileges and limitations: Pilo t in command, is requested by JOHN DEPRIN to the extent necessary to allow a Pilot in Co mmand (PIC) holding a private pilot or higher level certificate, as

well as an airman medical cer tificate, and who has demonstrat ed, by meeting minimum flighthour and currency requirements, th at the PIC is able to safely operate the DJI Phantom 3 and DJI Inspire 1 UASs in a manner consistent with th is exemption, including evasive and emergency maneuvers and maintaining appropria te distances from people, vessels , vehicles and structures.

JOHN DEPRIN seeks relief from Section 91.7(a), entitled Civil aircraft airworthiness, because the DJI Phantom 3 and DJI Inspire 1 UASs do not require an airwor thiness certificate in accordance with 14 C.F.R. Part 21, Subpart H. As such, JOHN DEPRIN submits that he will ensure that the DJI Phantom 3 and DJI Inspire 1UASs are in an airwor thy condition, prior to every flight, by determining that the UASs are in compliance with the operating documents (i.e., Monthly Maintenance Log, and DJI Phantom 3 and DJI Inspire 1 Instruction Manual), and that

the aircraft are in a condi tion for safe flight.

JOHN DEPRIN also seeks an exemption from the requirements of Section 91.121, entitled Altimeter Settings, as the DJI Phantom 3 and DJI Inspire 1 UAs will not have a typical barometric altimeter onboard. However, altit ude information of the DJI Phantom 3 and DJI Inspire 1UAs will be provided to the PIC vi a Global Positioning System (GPS) equipment and radio communications telemetry data link, which downlinks from the UA to the GCS for active monitoring of the flight path. This altitude information, combined with JOHN DEPRIN’s operation of the DJI Phantom 3and DJI Inspire 1 UAS s within visual line of sight, at or below 400 feet AGL, will ensure a level of safety equivalent to Section 91.121.

Additionally, JOHN DEPRIN seeks an exemp tion from the requirements of Section 91.151(b), entitled Fuel requirements for flight in VFR conditions. JOHN DEPRIN submits that safety will not be affected by operation of the DJI Phantom 3 and DJI Inspire 1 UAs during daylight hours in visual meteorological conditions (VMC) under visual fli ght 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 5 minutes.

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

A. Name And Address Of The Petitioner.

The name and address of the Petit ioner and point of contact is:

JOHN DEPRIN

392 Ocean Blvd Atlantic Beach, Fl. 32233

904-248-1816 ddeprin@gmail.com7 | Page B. The Specific Sections OF 14 C.F.R. Fr om Which JOHN DEPRIN Seeks Exemption.

1)JOHN DEPRIN Seeks Exemption From The Requirements Of Section 61.113(a) And (b).

Section 61.113, entitled Private p ilot privileges and limitations: Pilot in command, subsections (a) and (b) prescribe the fo llowing, in relevant part:

(a) No person who holds a private pilot certif icate may act as a pilo t in command (PIC) of an aircraft that is carrying passengers or property for compen sation or hire; nor may that person, for compensation or hire, act as PIC of an aircraft.

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

1. The flight is only incidental to that business or employment; and

2. The aircraft does not carry passengers or property for compensation or hire.

2)JOHN DEPRIN Seeks Exemption From The Requirements Of Section 91.7(a).

Section 91.7, entitled Civil aircra ft airworthiness, subsection (a), states the following:

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

3)JOHN DEPRIN Seeks Exemption From The Requirements 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 maintain 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 altim eter 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 paragra ph (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 eq uipped with a radio, the elevation of the departure airport or an ap propriate altimeter setting available before departure.

4)JOHN DEPRIN Seeks Exemption From Th e Requirements Of Section 91.151(b).

Section 91.151, entitled Fuel requirements fo r flight in VFR conditions, subsection

(b), states the following:8 | Page (b) No person may begin a flight in a rotorc raft under VFR conditions unless considering wind and forecast weather conditions) there is enough fuel to fly to the first point of intended landing and, assuming normal cruising speed, to fly af ter that for at least 20 minutes.

5)JOHN DEPRIN Seeks Exemption From The Requirement Of Section 91.405(a).

Section 91.405, entitled Maintenanc e required, subsection (a), stat es the following: Each owner or operator of an aircraft— (a) Shall have that aircraft inspected as pres cribed in subpart E of this part and shall between required inspections, except as provide d in paragraph (c) of this section, have discrepancies repaired as prescribed in part 43 of this chapter[.]

6)JOHN DEPRIN Seeks Exemption From The Requirements 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 undergone maintenance, preventive maintenance, rebuilding, or alteration unless-- (1) It has been approved for return to serv ice by a person authorized under § 43.7 of this chapter[.]

7)JOHN DEPRIN Seeks Exemption From The Requirements Of Sections 91.409(a)(1) And 91.409(a)(2).

Section 91.409, entitled Inspect ions, subsection (a), st ates the following:

(a) Except as provided in paragra ph (c) of this section, no person ma y operate an aircraft unless, within the preceding 12 calendar months, it has had --

(1) An annual inspection in accordance with part 43 of this ch apter and has been approved for return to service by a person auth orized by § 43.7 of this chapter; or

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

8)JOHN DEPRIN Seeks Exemption From Th e Requirements 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 following records for the periods specified in paragraph (b) of this section:9 | Page (1) Records of the maintenance, prev entive maintenance, and alteration and records of the 100-hour, annual, progressive, a nd other required or a pproved inspections, as appropriate, for each aircraft (including the airframe) and ea ch engine, propeller, rotor, and appliance of an aircraft.

The records must include-- (i) A description (or reference to data accep table 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, each engine, each propeller, and each rotor. (ii) The current status of lif e-limited parts of each airframe, engine, propeller, rotor, and appliance. (iii) The time since last overhaul of all items installed on the aircra ft 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 inspection program u nder which the aircraft and its appliances

are maintained. (v) The current status of applicable airworth iness directives (AD) and safety directives including, for each, the method of compliance, the AD or safety directive number and revision date. If the AD or safety directiv e involves recurring ac tion, the time and date 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 installed engi nes, rotors, propellers , and appliances.

(b) The owner or operator shall retain the follo wing records for the periods prescribed: (1) The records specified in paragraph (a)(1) of this section shall be retained until the work is repeated or superseded by ot her work or for 1 year after the work is performed. (2) The records specified in paragraph (a)(2) of this section shall be retained and

transferred with the aircraft at the time the aircraft is sold. (3) A list of defects furnished to a regi stered 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.10 | Page C. The Extent Of Relief JOHN DEPRIN S eeks And The Reason JOHN DEPRIN Seeks The

Relief.

Extent Of Relief JOHN DEPRIN Seeks A nd The Reason JOHN DEPRIN Seeks Relief From Section 61.113(a) And (b).

Relief from Section 61.1 13(a) and (b) entitled Private pilot privil eges and limitations:

Pilot in command , is requested to the extent necessary to allow a PIC holding a private pilot or higher level certificate, as well as a current a nd valid airman medical certificate, and who has met certain flight-hour and currency requirement s to conduct the proposed UAS flight operations for compensation or hire.

This relief is requested sin ce 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 onl y incidental to that bus iness or employment; and (2) The aircraft does not carry passengers or property for compensation or hire.

As set forth more fully below, JOHN DEPRIN submits that an equivalent level of safety will be maintained because no PIC will be allowed to operate the DJI Phantom 3 UAS or DJI Inspire 1 UAS unless that PIC has met certa in flight-hour and currency requirements, demonstrating that the PIC is able to safely ope rate either the DJI Phantom 3 or DJI Inspire 1 UAS in a manner consistent with the operations specifications as described in this exemption, including evasive and emergency maneuvers, as well as maintaini ng appropriate distances from people, vessels, vehicles and structures.

Further, JOHN DEPRIN submits that all fli ghts of the DJI Phantom 3 and DJI Inspire 1 UASs, conducted by the PIC pursuant to the grant of this Petition: (1) will be incidental to JOHN DEPRIN's business; and (2) will not carry passengers or property for compensation or hire.

Extent Of Relief JOHN DEPRIN Seeks A nd The Reason JOHN DEPRIN Seeks Relief From Section 91.7(a).

Relief from Section 91.7(a) entitle d Civil aircraft airworthiness, is requested to the extent required to allow JOHN DEPRIN to determine th at the DJI Phantom 3 and DJI Inspire 1 UASs are in airworthy condition prior to every flight by ensuring that the UAS is in compliance with the operating documents (i.e., Monthly Maintenance Log, DJI Phantom 3 and DJI Inspire 1 Instruction Manual).

JOHN DEPRIN seeks the requested relief b ecause the DJI Phantom 3 and DJI Inspire 1 UASs do not require an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H. Therefore, JOHN DEPRIN will ensure that th e DJI Phantom 3 and DJI Inspire 1 UASs are in airworthy condition based upon its compliance w ith the operating documents (i.e., Monthly Maintenance Log, and DJI Phantom 3 and DJI Inspir e 1 Instruction Manual) prior to every flight, and further, determine that the aircraft are in c ondition for safe flight, as stated in the conditions11 | Page and limitations below.

Extent Of Relief JOHN DEPRIN Seeks A nd The Reason JOHN DEPRIN Seeks Relief

From Section 91.121.

Relief from Section 91.121, entitled Altimeter settings, may be required to allow flight operations of the DJI Phantom 3 and DJI Inspir e 1 UASs, which utilize a barometric pressure sensor, GPS equipment, and a radio communicati ons telemetry data link to downlink altitude information from the UA to the PIC at the gr ound control station (GCS). Since the FAA requires that any altitude information c oncerning UAS operations be reported to air traffic control (ATC) in feet above ground level (AGL), JOHN DEPRIN seeks the requested relief because the DJI Phantom 3 and DJI Inspire 1 UA’s altimeter may be set on the ground to zero feet AGL, rather than the local barometric pressure or field altitude, before each flight.

Considering the limited altitude of the pr oposed operations, relie f from 14 CFR 91.121 is sought to the extent necessary to comply with the applicable conditions and limitations stated below. As more fully set forth herein, an equivale nt level of safety will be maintained since the DJI Phantom 3 and DJI Inspire 1 UAs are equipped with a barometric pressure sensor and GPS equipment, which automatically en sures that a ground level pressure setting will be established prior to each flight, and provides the PIC with altitude information of the UA on the heads-up display of the GCS.

Extent Of Relief JOHN DEPRIN Seeks A nd The Reason JOHN DEPRIN Seeks Relief From Section 91.151(b).

Relief from Section 91.151(b) entitled Fuel re quirements for flight in VFR conditions, is requested to the extent required to allow flight s of the battery powered DJI Phantom 3 and DJI Inspire 1 UAs during daylight hours in visual meteorological conditions (VMC), under visual flight rules (VFR), for a total duration of 15.5 minutes to the first poi nt of intended landing and, assuming normal cruising speed, to fly afte r that for at least 4.5 minutes. JOHN DEPRIN seeks the requested relief because without an exemption from Section 91.151(b), the flight time duration of the battery powered DJI Phantom 3 a nd DJI Inspire 1 UAs will severely constrain the practicality of any aerial video or still photo flight operations that JOHN DEPRIN proposes to conduct pursuant to this Petition.

Significantly, as set forth below, the techni cal specifications of the DJI Phantom 3 and DJI Inspire 1 UASs, the DJI Phantom 3 and DJI Inspire 1 operating documents, and JOHN DEPRIN proposed operating limitations, ensure that JOHN DEPRIN will safely operate the battery powered DJI Phantom 3 and DJI Inspir e 1 UAs during daylight hours in visual meteorological conditions (VMC), under visual fli ght rules (VFR), with enough battery power to fly for a total duration of 15 minutes to the fi rst point of intended landing and, assuming normal cruising speed, to fly after that for at least 5 minutes.

Extent Of Relief JOHN DEPRIN Seeks A nd The Reason JOHN DEPRIN Seeks Relief From Sections 91.405(a), 91.407(a)(1), 91.409 (a)(1) & (a)(2), And 91.417(a) & (b).12 | Page 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 ai rworthiness certificate, JOHN DEPR IN requests relief from these

Sections because the DJI Phantom 3 and DJI Inspire 1 UASs do not re quire airworthiness certificates. As set forth more fully below, the DJI Phantom 3 and DJI Inspire 1 UASs meet the

conditions of FMRA Section 333 fo r operation without an airworthin ess certificate. Accordingly,

JOHN DEPRIN will use trained tech nicians to perform maintenan ce, alterations, or preventive maintenance on the UASs using the methods, techni ques, and practices prescribed in the UAS operating documents (i.e., JOHN DEPRIN Aerial Operations Manual, Monthly Maintenance Log, and DJI Phantom 3 and DJI Inspire 1 Inst ruction Manual). Furthermore, JOHN DEPRIN

will document and maintain all maintenance reco rds for the DJI Phantom 3 and DJI Inspire 1

UASs.

D. The Reasons Why Granting JOHN DEPRIN Request Would Be In The Public Interest; That Is, How It Would Benefit The Public As A Whole.

Granting the present Petition will further th e public interest by allowing JOHN DEPRIN to safely, efficiently, and economically perf orm aerial video and photography of construction sites, real estate, and landscape over certain areas of the United States.

Additionally, use of the DJI Phantom 3 and DJI Inspire 1 UASs will decrease congestion of the NAS, reduce pollution, crashes and accidents caused by pilot error and provide significant benefits to the economy. Notably, the benefits of JOHN DEPRIN’ proposed operation of the DJI Phantom 3 and DJI Inspire 1 UASs will be reali zed without implicating any privacy issues.

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

The DJI Phantom 3 and DJI Inspire 1 UAs are battery powered and serve as a safe, efficient, and

economical alternative to the manned aircraft trad itionally 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 or DJI In spire 1 UAS would reduc e the amount of manned aircraft in the NAS, reduce noise and air pollutio n, as well as increase the safety of life and property in the air and on the ground. Furtherm ore, by reducing the numbe r of manned aircraft operating in the NAS, congestion around airports caused by arriving and de parting aircraft will be reduced. The DJI Phantom 3 and DJI Inspire 1 UAs do not require an ai rport to takeoff or land. Likewise, a reduction of manned aircraft conducting aerial video and photography missions

would result in fewer aircraft that must be handled by air traffic c ontrol 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 and DJI Inspire 1 UASs.

Conducting aerial acquisitions with the DJI Phan tom 3 and DJI Inspire 1 UASs, instead of manned aircraft, will greatly benefit the public by drastically reducing the le vels of air and noise pollution generated during traditional aerial video and still photography f light operations. By using battery power and electric motors, the DJI Phantom 3 and DJI Inspire 1 UASs produce no air pollution, and is the most viable environmentally conscious alternative to the cabin class, six13 | Page cylinder internal combustion engi ne aircraft that are typically utilized for aerial video and photography, while burning approximately 20-30 ga llons per hour of leaded aviation fuel. The DJI Phantom 3 and DJI Inspire 1 UAs, while reduc ing the carbon footprint of aerial acquisitions, also eliminates noise pollution, as the UAs ar e propelled by battery power ed electric motors,

rather than an intern al combustion engine.

By using the DJI Phantom 3 and DJI Inspir e 1 UASs to perform aerial acquisitions, the substantial risk to life and prope rty in the air and on the ground, wh ich is usually associated with traditional manned aircraft flight operations, wi ll be substantially reduced or completely eliminated. Aside from the lack of flight cr ew members located onboard the aircraft, the DJI Phantom 3 and DJI Inspire 1 UAs (weighing approximately 2 pounds 14 ounces and 6 pounds 7.5 ounces respectively, at their maximum gro ss 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 th e ground, and in the air, compared to the manned aircraft that t ypically conduct simila r operations (weighing approximately 6,000 pounds with a wingspan of appr oximately 42 feet, a length of 34 feet, and a fuel capacity of 180 gallons).

3. Performing Aerial Video and Photography Operations With The DJI Phantom 3 and DJI Inspire 1 UASs Will Benefit The Economy.

In addition to being safe and efficient, the DJI Phantom 3 and DJI Inspire 1 UASs are

also an economical alternative to using manned aircraft to conduc t similar aerial operations. As such, operation of the DJI Phantom 3 and DJI Inspire 1 UASs will allow United States based companies, like Duvaldrones, to remain compe titive and contribute to growth of the U.S. economy. Specifically, with the ri sing cost of aviation fuel a nd the Environmental Protection Agency (“EPA”) regulatory actions phasing out l eaded aviation fuels, U.S. owned and operated companies must adopt new and alternative technol ogy in order to remain competitive. Operating the battery powered DJI Phantom 3 and DJI Inspir e 1 UASs is one such technology that not only allows companies greater operational flexibility co mpared to manned aircra ft, but provides such flexibility without the high operational cost of a traditional manned aircraft. By operating the DJI Phantom 3 and DJI Inspire 1 UASs, companies such as Duvaldrones, can remain competitive and profitable, and therefore, provide greater job st ability to employees and contractors, which will ultimately contribute to growth of the U.S. economy. Improved financial performance of U.S. companies, through commercial use of the DJI Phantom 3 and DJI Inspire 1 UASs, provides a stable workforce that increases consumer sp ending; improves local, st ate, and federal tax revenues; and allows companies to invest in research and development in order to remain competitive both in the United States and abroad.

4.There Are No Privacy Issues.

Similar to the manned aerial acquisition flight operations that have been conducted for decades, JOHN DEPRIN proposed operation of the DJI Phantom 3 and DJI Inspire 1 UASs will not implicate any privacy issues. Specifically, th e DJI Phantom 3 and DJI Inspire 1 UASs will be operated only in compliance with operating docum ents (i.e., JOHN DEPRIN Aerial Operations14 | Page Manual, Monthly Maintenance Log, and DJI Phan tom 3 and DJI Inspire 1 Instruction Manual) which requires property owner involvement as well as local law enforcement notification, and in accordance with the Federal Aviation Regulations, including the minimum altitude requirements of 14 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 Safety At Least Equal To That Provided By The Rule From Which JOHN DEPRIN Seeks Exemption.

1. Reasons Why The DJI Phantom 3 and DJI Inspire 1 UAs Meet The Conditions Of The 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 ope ration, JOHN DEPRIN’ operation of the DJI Phantom 3 and DJI Inspire 1 UASs meet the conditions of FMRA S ection 333, and will not requi re an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H.

Section 333 provides authority for a UAS to ope rate without airworth iness certification and sets forth requirements for considering whether a UAS will create a hazard to users of the NAS or the public, or otherwise pose a threat to nationa l security. Specifically, FMRA Section 333 states the following, in part:

(a) In General.--Notwithstanding any other requiremen t of this subtitle, and not later than 180 days after the date of enactment of th is Act, the Secretary of Transportation shall determine if certain unm anned aircraft systems may opera te safely in the national airspace system before completion of the plan and rulemaking required by section 332 of this Act or the guidance required by section 334 of this Act.

(b) Assessment of Unmanned Aircraft Syst ems.--In making the determination under subsection (a), the Secretary shall determine, at a minimum--

(1) which types of unmanned aircraft syst ems, if any, as a result of their size, weight, speed, operational capability, proximity to airports and populated areas, and operation within visual line of sight do not create a hazard to users of the national airspace system or the public or pose a threat to national security; and

(2) whether a certificate of waiver, certificate of authorization, or airworthiness certification under section 44704 of title 49, United States Code, is required for the operation of unmanned aircraft syst ems identified under paragraph (1).

(c) Requirements for Safe Operation.--If the Secretary determines unde r this section that certain unmanned aircraft systems may operate safely in the national airspace system, the Secretary shall establish requirements for the safe operation of such aircraft systems in the national airspace system.15 | Page In seeking this exemption, JOHN DEPRIN submits that the DJI Phantom 3 and DJI Inspire 1 UASs can operate safely in the NAS pursuant to FMRA Section 333, as demonstrated by: (a) the characteristics of the DJI Phantom 3 and DJI Inspire 1 UASs; (b) the pilot certification requirement; and (c) the specific operating limitations.

a. The Specifications Of The DJI Phanto m 3 and DJI Inspire 1 UASs Demonstrate

Its Safe Characteristics.

The DJI Phantom 3 and DJI Inspire 1 UASs do 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 ope rational capability.

i. Technical Specifications Of The DJI Phantom 3 and DJI Inspire 1UASs. The technical specifications of the DJI Phantom 3 and DJI Inspire 1 UASs are set forth by the DJI Phantom 3 and DJI Inspire 1 Specifications and Data Sheet, attached

hereto as Exhibit A and B.

ii. The DJI Phantom 3 and DJI Inspire 1 UASs Autonomous Flight And Navigation Modes Enable The UASs To Remain Within A Defined Operational Area. The DJI Phantom 3 and DJI Inspire 1 UASs may be operated in both manual and fully autonomous flight modes. A complete description of the flight and navigational modes of the DJI Phantom 3 and DJI Inspire 1 UASs is provided at pages 25-35 of the DJI Phantom 3 and pages 12-16 and 45-50 of th e DJI Inspire 1 User Manuals, attached

hereto as Exhibit C and D.

iii. The DJI Phantom 3 and DJI Inspire 1 UASs Are Designed For Automatic Return

To Home Point Or Hover In The Event Of Lo ss Of The Control Link Or Navigation. When the Control Link is lost, the DJ I Phantom 3 and DJI Inspire 1 UAs will remain stationary, in flight, for 3 seconds or more. If, after 3 seconds, the DJI Phantom 3 and DJI Inspire 1 UAs do not reacquire control link data from the GCS, the UAs will

assume that the Control Link is lost and th e UAs will return to the home position (i.e., failsafe mode) via GPS, and will descend to the takeoff position and shutdown. Complete descriptions of the Failsafe F unctions of the DJI Phantom 3 UAS are set forth at pages 27 through 29 and for the DJI Inspire 1 at page s 13 through 15 of the DJI Phantom 3 and DJI Inspire 1 User Manuals, attached hereto as Exhibit C and D.

iv.The DJI Phantom 3 and DJI Inspire 1 GCS And Its Operation. A complete description of the operation a nd specifications of the DJI Phantom 3 and DJI Inspire 1 GCS and flight control so ftware is provided at pages 32 through 43 of the DJI Phantom 3 User Manual and page s 40 through 47 of the DJI Inspire 1User Manual. DJI Phantom 3 and DJI Inspire 1 User Manuals are attached hereto as Exhibit C

and D.

b. Flight Operations Of DJI Phantom 3 and DJI Inspire 1 UASs Are Limited To The16 | Page Line Of Sight Of A Certificated Pilot in Command With A Safety Observer.

JOHN DEPRIN will only util ize certificated pilots who possess a current

and valid airman medical certificate to act as a pilot in command (PIC) of the DJI Phantom 3 and DJI Inspire 1 UASs. Additiona lly, a safety observer will assist all pilots during flight time.

c. Flights Of DJI Phantom 3 and DJI Insp ire 1 UASs Will Be Conducted Pursuant To Specific Operating Limitations.

In seeking this exemption, JOHN DEPRIN proposes to commercially operate DJI Phantom 3 and DJI Inspire 1 UASs for the sp ecial purpose of conduc ting aerial video and photography over certain areas of United Stat es, pursuant 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 documents, rotorcraft UASs weighing less than 55 pounds maximum gross weight: DJI Phantom 3 and DJI Inspire 1 Unmanned Aircraft Systems. Proposed operations of any other aircraft will require a new petition or a petition to amend this grant.

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

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

4. The UA must be operated at an altitude of no more than 500 feet above ground level (AGL), as indicated by the procedures sp ecified in the operating documents unless a special request is made and approved by ATC. All altitudes reported to ATC must be in

feet AGL.

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

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

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

8. The SO must not perform any other dutie s beyond assisting the PIC with seeing and avoiding other air traffic and other ground based obstacles/obstructions and is not17 | Page 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 Administ rator upon request. If a discrepancy exists

between the conditions and limitations contai ned 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 a nd must be followed. Otherwise, the operator must follow the procedures as outlined in its operating documents. The operator may update or revise its operating documents. It is the operator’s responsibility to track such revisions and present updated and revised documents to the Administrator upon request. The operator must also present updated a nd revised documents if it petitions for

extension or amendment to th e grant of exemption. If the operator determines that any update or revision would affect the basi s 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 (AFS-80) may be contacte d if questions arise regarding updates or revisions to the operating documents.

10. Prior to each flight the PIC mu st inspect the UAS to ensure that it is in a condition for safe flight. If the inspection reveals a conditi on that affects the safe operation of the UAS, the aircraft is prohibited from operating until the necessary maintenance has been performed and the UAS is found to be in a condition for safe flight. The Ground Control Station must be included in the preflight in spection. 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 cr itical component, must undergo a functional test flight. The PIC who conducts the functi onal 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, not already covered in the relevant sections of the operating documents.

13. The operator must follow the UAS manufact urer’s aircraft/component, maintenance, over haul, replacement, inspecti on, and life limit requirements.

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

15. Each UASs operated under this exemption mu st comply with all manufacturer Safety

Bulletins.

16. The authorized person must make an entr y in the aircraft record of the corrective18 | Page action taken against discrepancie s discovered between inspections.

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

18. The operator may not permit any PIC to operate unless the PIC meets the operator’s qualification criteria and demonstrates the abili ty to safely operate the UAS in a manner consistent with how the UAS will be opera ted under the exemption, including evasive and emergency maneuvers and maintaining a ppropriate distances from persons, vessels,

vehicles and structures. PI C qualification flight hours mu st be logged in a manner consistent with 14 C.F.R. § 61.51(b). Flights for the purposes of training the operator’s PICs are permitted under the terms of the ex emption. However, training operations may only be conducted during dedicated training sessions. During traini ng, proficiency, and experience-building flights, all persons not e ssential for flight operations are considered nonparticipants, and the PIC must operate th e UA with appropriate distance from nonparticipants in accordance w ith 14 C.F.R. § 91.119.

19. UAS operations may not be conducted durin g night, as defined in 14 C.F.R. § 1.1. All operations must be conducted under visual mete orological conditions (V MC). If flight at night is required, a special request will be made at the FAA office closest to proposed area of operations. Flights under special visual flight rules (SVFR) are not authorized.

20. The UA may not operate within 5 nautical miles of an airport reference point as denoted on a current FAA-published aeronautical chart unless a letter of agreement with that airport’s management is obtained, and the operation is 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 UA may not be operated less than 500 feet below or less than 2,000 feet horizontally from a cloud or when visibility is less than 3 statute miles from the PIC.

22. If the UA loses communications or loses its GPS signal, it must return to a predetermined location within the planned ope rating area and land or be recovered in accordance with the operating documents.

23. The PIC must abort the flight in the even t of unpredicted obstacles or emergencies in accordance with the operating documents.

24. The PIC is prohibited from beginning a flight unless (con sidering wind and forecast weather conditions) there is e nough power to fly at normal crui sing speed to the intended landing point and land th e UA with 25% battery power remaining.

25. The operator must obtain an Air Traffic Organization (ATO) issued Certificate of Waiver or Authorization (COA) prior to conducting any operations under the grant of exemption. This COA will also require the operator to request a Notice to Airman19 | Page (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 airspa ce, altitude level a nd potential transponder requirements.

26. All aircraft operated in accordance with th e exemption must be identified by serial number, registered in accordance with 14 C. F.R. part 47, and have identification (NNumber) 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 fr equency spectrum used for operation and control of the UA must comply with the Federal Communications Commission (FCC) or other appropriate government overs ight agency requirements.

28. The documents required fewer than 14 C.F.R. 91.9 and 91.203 must be available to

the PIC at the Ground Control Station of the UAS any time the UAS is operating. These documents must be made available to the Administrator or any law enforcement official

upon request

. 29. The UA must remain clear and yield the right of way to all manned aviation operations and activit ies at all times.

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

31. Flight operations must be conducted at least 500 feet from all nonparticipating persons (persons other than th e PIC, SO, operator trainees or essential persons), vessels, vehicles, and struct ures unless:

a. Barriers or structures ar e present that sufficiently protect nonparticipating persons from the UA and/or debris in th e event of an accident. The operator must ensure that nonparticipating persons rema in under such protection. If a situation arises where nonparticipating persons l eave such protection and are within 500 feet of the UA, flight operations must cease immediately and/or;

b. The aircraft is operated near vessel s, vehicles or structures where the owner/controller of such vessels, vehicles or structures has granted permission and the PIC has made a safety assessment of the risk of operating closer to those objects and determined that it does not present an undue hazard, and;

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

32. All operations shall be conducted over pr ivate or controlled-access property with permission from the land owner/controller or authorized representa tive. 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 transgre sses the lateral or20 | Page vertical boundaries of the ope rational area as defined by th e applicable COA must be reported to the FAA's UAS Integration Offi ce (AFS-80) within 24 hours. Accidents must be reported to the National Transportation Safety Board (NTSB) per instructions contained on the NTSB Web site: www.ntsb.gov.

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

JOHN DEPRIN submits that the equivalent level of safety established by Section 61.113(a) and (b) will be maintained because no PIC will be allowed to operate the DJI Phantom 3 and DJI Inspire 1 UASs unless that PIC has demonstrated, by meeting minimum flight-hour and currency requirements, that the PIC is able to safely operate the DJI Phantom 3 or DJI Inspire 1 UAS in a manner consistent with the exemption, including evasive and emergency maneuvers and maintaining appropr iate distances from people, ve ssels, vehicles and structures.

Considering JOHN DEPRIN’ proposed area of operations, and the operating limitations set forth-above; the parallel na ture of private pilot aeronautical knowledge requirements to those of commercial pilot requirements (See Exemption No. 11062); and the airmanship skills necessary to safely operate the DJI Phantom 3 or DJI Inspire 1 UAS, JOHN DEPRIN submits that the additional manned airmanship experience of a commercially certi ficated pilot would not correlate to the airmanship skills necessa ry for JOHN DEPRIN’ 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, 11080, 11109, 11110, 11112, 11136, 11138, 11150, 11153, 11156, 11158, 11159, 11160, 11161).

JOHN DEPRIN will not allow any PIC to opera te the DJI Phantom 3 or DJI Inspire 1 UAS unless that PIC has demonstrated, by meeti ng minimum flight-hour requirements or the DJI Phantom 3 or DJI Inspire 1 UAS training and curre ncy requirements, that the PIC is able to safely operate the DJI Phantom 3 or DJI Insp ire 1 UAS in a manner consistent with this exemption, including evasive and emergency mane uvers and maintaining appropriate distances from people, vessels, vehicles and structures. Specifically, the PIC must have accumulated and logged, in a manner consistent with 14 C.F. R. § 61.51(b), 25 hours of total time as a UAS rotorcraft pilot (with a minimum of 5 hours of those hours as a UAS pilot operating the same make and model of UAS to be used for operatio ns under the exemption). In addition to the hour requirements, the PIC 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 regulati ons will ensure an equivalent level of safety during JOHN DEPRIN’ proposed operations. The Admi nistrator has held that prior documented flight experience that was obtaine d in compliance with applicable regulations would ensure safe operations, stating as follows:21 | Page In Exemption No. 11062, the FAA required that prior to conducti ng operations for the purpose of motion picture filming (or similar operations), the PIC must have accumulated and logged, in a manner consistent with 14 CFR 61.51(b), 25 hours of total time as a UAS rotorcraft pilot including at least 10 hour s logged as a UAS pilot with a multi-rotor UAS. Prior to operations under Exempti on 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. Fo r clarification, the FAA considers these minimum hour requirements to be inclusive rather than additive; i.e. 5 hours make and model time may be included in the 10 hours of multi -rotor time and the 10 hours may be included in the total 25 hours of UAS rotorcraft time. In addition to the hour requirements, the PIC must accomplish 3 takeoffs and landings in the preceding 90 days (for currency purposes). The FAA fi nds that at a minimum, the flight hour requirements in Exemption No. 11062 are approp riate to practice and build proficiency in the skills necessary to safely conduct the pe titioner’s proposed operations. The FAA also finds that prior documented flight experi ence that was obtained in compliance with applicable regulations would satisfy this requirement. Training, proficiency, and experience-building flights can also be conducted under the grant of exemption to accomplish the required flight time. During trai ning, proficiency, and experience-building flights the PIC is required to operate the UA with appropriate distances in accordance

with 14 C.F.R 91.119.

Exemption No. 11138 at page 15. Accordingly, JOHN DEPRIN will ensure safe operations by not allowing any PIC to operate the DJI Phantom 3 or DJI Inspire 1 UAS unless that PIC has demonstrated, by meeting minimum flight-hour and currency requirements, that the PIC is able to safely operate the DJI Phantom 3 or DJI Inspire 1 UAS in a manner cons istent with the exemption, including evasive and emergency maneuvers and maintaining appropria te distances from people, vessels, vehicles

and structures.

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

The equivalent level of safety establis hed by Section 91.7(a) will be maintained because prior to every flight, JOHN DEPRIN, will ensure that the DJI Phantom 3 or DJI Inspire 1 UAS is in an airworthy conditi on based upon the UAS’s compliance with its operating documents and as stated in th e conditions and limitations herein. Additionally, the FAA has previously gran ted relief from Section 91.7(a) specific to UAS, in circumstances similar, in all materi al 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 Th e Requirements Of Section 91.121 Would Not Adversely Affect Safety.

The equivalent level of safety established by Section 91.121 will be maintained

because the altitude information of the DJ I Phantom 3 or DJI Inspire 1 UAs will be22 | Page provided to the PIC via GPS equipment and a radio communications telemetry data link, which downlinks from the UA to the GCS for active monitoring of the flight path and altitude. This altitude information, combined with my operation of the DJI Phantom 3 or DJI Inspire 1 UAs within visual line of sight , at or below 400 feet AGL, will ensure a level of safety equivalent to Section 91.121. Th e altitude information will be generated by GPS equipment installed onboard the aircraft. Prior to each flight, a zero altitude initiation point is automatically esta blished 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 respec ts, to those presented herein (e.g. Exemption Nos. 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11112, 11136, 11138, 11150, 11153, 11156, 11157, 11158, 11159, 11160, 11161).

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

A grant of this exemption would ensure an equivalent level of safety established by 14 C.F.R. Section 91.151(b) as a result of (1) the technical specifications of the DJI Phantom 3 or DJI Inspire 1 UASs; (2) the limitations on the proposed flight operations; and (3) the location of the proposed flight operations. Accordingl y, JOHN DEPRIN, will ensure that it will safely operate the battery powered DJI Phantom 3 or DJI Inspire 1 UAs during daylight hours in VFR conditions, with enough battery power to fly for a total

duration of 15 minutes to th e first point of intended landing and, assuming normal cruising speed, to fly after th at for at least 4.5 minutes.

Here, as in Exemption No. 11109, the tech nical specifications of DJI Phantom 3 or DJI Inspire 1 UASs; the limitations on the proposed flight opera tions; and the location of the proposed operations, will ensure an eq uivalent level of safety established by 14 C.F.R. Section 91.151(b). Furthermore, safety will be ensured as the DJI Phantom 3 or DJI Inspire 1 UASs provide audi ble and visual warnings to the PIC at the GCS when the UAs experiences low battery voltage, the firs t warning occurring at approximately 33% remaining battery power, and again at appr oximately 10% remaining battery power. At the critically low battery level, DJI Phan tom 3 or DJI Inspire 1 UASs will descend and land automatically.

Significantly, previous exemptions gr anted by the FAA concerning Section 91.151 establish that safety is not adversely affected when the technical characteristics and operating limitations of the UAS are consid ered. Relief has been granted for manned aircraft to operate at less than the mini mums prescribed in Section 91.151, including Exemption Nos. 2689, 5745, and 10650. Moreover, the FAA has previously granted relief from Section 91.151 specific to UAS, in circumstan ces similar, in all ma terial 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 Th e Requirements Of Sections 91.405(a),23 | Page 91.407(a)(1), 91.409(a)(1) & (a)(2), And 91.417(a ) & (b) Would Not Adversely Affect Safety

.

In seeking this exemption, JOHN DEPRIN, submit that the equivalent level of safety with regard to the regulatory mainte nance and alteration requirements established by Sections 91.405(a), 91.407(a)(1), 91.409(a)(1 ) & (a)(2), and 91.417(a) & (b) will be met because JOHN DEPRIN, will use trained technicians to perform maintenance, alterations, or preventive ma intenance on the UASs using the methods, techniques, and practices prescribed in the operating documen ts (i.e., the Operations Manual, Monthly Maintenance Log, and DJI Phantom 3 or DJI In spire 1 Instruction Manual). Furthermore,

I will document and maintain all maintenance records for the DJI Phantom 3 or DJI Inspire 1 UASs.

Likewise, the exemption sought will not adversely affect safety because JOHN DEPRIN, will use my experience to perform maintenance, alterations or preventive maintenance on the UAS using the methods, t echniques, and practices prescribed by the operating documents. Furthermore, the exemp tion sought would maintain an equivalent level of safety established by Sec tions 91.407, 91.417(a) and 91.417(b), because all maintenance of the DJI Phantom 3 or DJI Inspire 1 UASs will be performed by me.

Maintenance will be documented and maintain ed utilizing the monthly maintenance log.

Significantly, previous exemptions gr anted by the FAA concerning Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b) establish that safety is not adversely affected when the technical characteristics and ope rating limitations of

the UAS are considered.

In consideration of my proposed operat ing limitations, the operating documents, and the technical aspects of the DJI Phanto m 3 or DJI Inspire 1 UASs, I submit that safety will not be adversely affected by granting exemption from 14 C.F.R. Sections 91.405(a), 91.407(a)(1) and (a)(2), 91.409(a)(2 ), and 91.417(a) and (b). The FAA has previously granted relief specific to UAS in circumstances similar, in all material respects, to those presented herein (e.g. Exemption Nos. 11062, 11063, 11064, 11065, 11066, 11067, 11080, 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 FA A Modernization and Reform Act of 2012 (FMRA) and 14 C.F.R. § 21.16 entitled Special Conditions, Above It All, LLC, requests that the FAA prescribe special cond itions for the intende d operation of the DJI Phantom 3 or DJI Inspire 1 UASs, which c ontain 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), an d 91.417(a) & (b). Such special conditions will permit safe operation of the UAs for the limited purpose of conducting aerial video and photography over ce rtain areas of the United States for24 | Page compensation or hire. FMRA Section 333 sets forth the requirements for considering

whether a UAS will create a hazard to users of the NAS or the public, or otherwise pose a threat to national security; and further, pr ovides the authority for such UAS to operate

without airworthiness certific ation in accordance with any requirements that must be established for the safe operation of the UAS in the NAS. 3

Likewise, the Administrator may prescr ibe special conditions pursuant to 14 C.F.R. § 21.16, for operation of the DJI Phan tom 3 or DJI Inspire 1 UASs, since the airworthiness regulatio ns of 14 C.F.R. Part 21 do not c ontain adequate or appropriate safety standards, due to the novel or unusual design features of the aircraft. Section 21.16, entitled Special Conditions, states the following:

If the FAA finds that the airworthiness regulations of this subchapter do not contain adequate or appropriate safety standards for an aircraft, aircraft engine, or propeller because of a novel or unusual de sign feature of the aircraft, aircraft engine or propeller, he prescribes speci al conditions and amendments thereto for the product. The special conditions are issu ed in accordance with Part 11 of this chapter and contain such safety standard s for the aircraft, aircraft engine or propeller as the FAA finds necessary to es tablish 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 Leadi ng Edge’s intended operation of the DJI Phantom 3 or DJI Inspire 1 UASs, which c ontain such safety standards that the Administrator finds necessary to establish a level of safety equivalent to that established by 14 C.F.R. Part 21, Subpart H, and 14 C.F. R Sections 61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a )(1) & (a)(2), an d 91.417(a) & (b).

F. A Summary That Can Be Published In The Federal Register, stating: The Rules From Which I Seek Exemption:

JOHN DEPRIN, seeks exemption from the requirements of 14 C.F.R Sections 61.113(a)&(b), 91.7(a), 91.121, 91.151(b), 91.40 5(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 I Seek:

This exemption will permit JOHN DEPRIN, 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 Above It All, LLC, Request.

This Petition is made pursuant to the FAA Modernization and Reform Act of 201225 | Page (FMRA) Section 333, which dir ects the Secretary of Trans portation to determine if certain UAS may operate safely in the NAS. As such, JOHN DEPRIN request for exemption may be granted pursuant to the au thority of FMRA Section 333 and 14 C.F.R. Part 11, as set forth above. FMRA Section 333 sets forth the requir ements for considering whether a UAS

will create a hazard to users of the NAS or the public, or otherwise pose a threat to national security; and further, provides the authority for such UAS to operate without

airworthiness certification. As discussed in detail above, JOHN DEPR IN, will operate the DJI Phantom 3 or DJI Inspire 1 UASs safely in the NAS, without creating a hazard to users of the NAS, or the public, or otherwise pose a threat to national security.

CONCLUSION

JOHN DEPRIN seeks an exemption pursuant to 14 C.F.R. § 11.61 and Section 333 of the FAA Modernization and Reform Act of 2012 (FMR A), which will permit safe operation of the DJI Phantom 3 and DJI Inspire 1 UASs commercially , without an airworthiness certificate, for the limited purpose of conducting aerial video and photography over certai n areas of the United States. By granting this Petition, the FAA Ad ministrator will be fulfilling the Congressional

mandate of the FAA Modernization and Reform Act of 2012, while also advancing the interests of the public, by allowing JOHN DEPRIN to safe ly, efficiently, and economically operate the DJI Phantom 3 and DJI Inspire 1 UASs commercially within the NAS.

WHEREFORE, in accordance with the Fede ral Aviation Regulations and the FAA Modernization and Reform Act of 2012, Section 333, JOHN DEPRIN 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 JOHN DE PRIN to operate the DJI Phantom 3 and DJI Inspire 1 UASs commercially for the purpose of conducting aerial video and photography over

certain areas of the United States. Dated: September 30, 2015

Respectfully submitted,



# J. Deprin

JOHN DEPRIN

392 Ocean Blvd Atlantic Beach, Fl. 32233

904-248-1816 ddeprin@gmail.com26 | Page 

## Exhibits

A - DJI Phantom 3 Specification

B – DJI Inspire 1 Specification

C - DJI Phantom 3 Manufacturer’s User Manual

D - DJI Inspire 1 Manufacturer’s User Manual