August 19, 2015 Attn: U. S. Department ofTransportationDocketOperations WestBuilding GroundFloor, Roomw12-140 1200NewJersey Ave, SE Washington, DC20590

RE: HENDRY CREEKHIDEAWAY, LLC (HCH) REQUESTS AN EXEMPTIONFROM THE REQUIREMENTS OF TITLE 14 OF THE CODE OF FEDERAL REGULATIONS SECTIONS 61.113(a) & (b), 91.7(a), 91.121, 91.15l(b), 91.405(a), 91.407(a)(l), 91.409(a)(l) & (a)(2), AND 91.417(a) & (b) CONCERNING COMMERCIAL OPERATION OF DJI Phantom 3 UNMANNED AIRCRAFT SYSTEMS PURSUANT TO SECTION 333 OF THEFAAMODERNIZATION AND REFORMACT OF 2012 (PUBLIC LAW 112-95)

Russ Burnup, Manager Hendry CreekHideaway, LLC 5560 Harborage Drive FortMyers, FL 3 3908 239-281-5906 info@HendryCreekHideaway.com

1

### TABLE OF CONTENTS Page GLOSSARY OF ABBREVIATIONS

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

SUMMARY

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

INTRODUCTION AND INTERESTS OF PETITIONER.

..................................................

### .4

BACKGROUND

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

BASIS FORPETITION

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

NAMEANDADDRESS OF PETITIONER

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

THE SPECIFIC SECTIONS OF 14 C.P.R. FROMWHICHHCH SEEKS EXEMPTION

............................................................................................................

### ? THEEXTENT OF RELIEF HCH SEEKS AND THEREASONHCH SEEKS THE RELIEF

.....................................................................................................................1 0 THE REASONS WHY GRANTINGHCH's REQUESTWOULD BE IN THEPUBLIC INTEREST

............................................................................................12 THE REASONS WHY GRANTINGTHEEXEMPTIONTOHCH WOULDNOTADVERSELYAFFECT SAFETY

..............................................................l4 SUMMARYTHATCANBEPUBLISHED IN THEFEDERAL REGISTER.

..................25 ANYADDITIONALINFORMATION, VIEWS, ORARGUMENTS AVAILABLE TO SUPPORTHCH's REQUEST

..................................................25 CONCLUSION

.....................................................................................................................25 APPENDICES

......................................................................................... 26

2AGL AOI ATC ATO AV CFR COA FAA FAR GCS GPS LOL NAS NOT AM PIC Section 333 

## so SOP UA UAS VFR VLOS VMC VTOL GLOSSARY OF ABBREVIATIONS Above GroundLevel AreaofInterest AirTraffic Control AirTraffic Organization Aerial Vehicle Code ofFederalRegulations Certificate ofAuthorization FederalAviationAdministration Federal AviationRegulation Ground Control Station Global Positioning System Loss ofLink NationalAirspace System Notice to Airman Pilot InCommand FAAModernization andReformActof2012 (FMRA) Safety Observer Standard OperatingProcedures UnmannedAircraft UnmannedAircraft System Visual FlightRules Visual Line ofSite Visual Meteorological Conditions Vertical Takeoffand Landing

3

### SUMMARY Hendry Creek Hideaway, LLC hereafter referred to as HCH seeks 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), to operate an Unmanned Aircraft System (DJI Phantom 3) pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (FMRA). This exemption will permit HCH to operate an Unmanned Aircraft System (UAS) for the commercial purpose of conducting aerial video and photography of construction sites, residential and commercial real estate, civil landscapes and events over certain areas of the United States. 

### INTRODUCTION AND INTERESTS OF THE PETITIONER The Manager ofHCH has over forty five years flying experience inmilitary, commercial airline, private and experimental aircraft. This extensive experience includes numerous courses, training, weaponry, aircraft systems, and formal instruction in all types ofoperations within the NAS. The manager's formal education includes a bachelor degree in Aerospace Engineering from the University ofFlorida. During the past 2 years the Managerhas participated in recreational aerial photography for friends and family using the DJI Drones without incident. In addition, HCH has been in business for over 7 years providing real estate, wetland inspections, wetland mitigation observations, govenrmental permitting, farming services, drainage analysis, contractor compliance andreporting, negotiations with governmental agencis, specifically targeting:

• Properties before and after modifications • Appraisals • Architecture, LandUse, Acquisitions, Real Estate and ConstructionPhotography • Economic development • Civic landmarks • Special event coverage • Private and governmentaltraining
The HCHManager and staff have safely flown small RC electric quadcopters recreationally for approximately 2years without incident. 

### BACKGROUND UnmannedAircraft Systems: DJIPhantom 3. UAS HCH seeks an exemption to operate DJI Phantom 3 system for compensation or hire within the NAS. The DJI Phantom 3 is vertical takeoffand landing (VTOL) UnmannedAircraft (UA) with a Ground Control Station (GCS) utilizing electronic tablet or smart phone systems. The DJI P hantom 3 has a maximum gross weight of approximately 2.8 lb. while having a diagonal dimension of23.2", a maximum speed ofapproximately 16.4'fps and a maximum flying height of 400'. The DJI Phantom 3 is equipped with four main rotors; driven by Lithium Polymer battery powered electric motors.
4J,I The DJI Phantom 3 that will be operated by HCH 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. Part45, Identification andRegistrationMarking.

BASIS FORPETITION Petitioner, HCH, pursuant to the provisions ofthe 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, hereby petitions the Administrator to commercially operate the DJI Phantom 3, UAS in the National Airspace System (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 its operation, HCH operation ofDJIPhantom 3 UAS meets the conditions ofFMRA Section 333 and therefore, will not require an airworthiness certificate in accordance with 14 C.F.R. Part21, SubpartH. Accordingly, HCH requests relieffrom Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b), as these sections set forth requirements for maintenance that only apply to aircraftwith an airworthiness certificate. HCH submits that the requested relief is proper since an equivalent level of safety will be ensured. HCHwill use experiencedpersonnel ortechnicians to performmaintenance, alterations, or preventive maintenance on the UAS using the methods, techniques, and practices prescribed in the operating documents (i.e., Monthly Maintenance Log, and DJI Phantom 3 Instruction Manual). Furthermore, HCH will document and maintain all maintenance records for the DJI Phantom 3UAS. Relieffrom certain requirements of Section 61.113(a) and (b), entitled Privatepilotprivileges andlimitations: Pilot in command, is requested by HCH to the extent necessary to allow a Pilot in Command (PIC) holding a private pilot or higher level certificate, as well as an airman medical certificate, and who has demonstrated, by meeting minimum flight-hour and currency requirements, thatthe PIC is able to safely operatethe DJI Phantom UAS in a mannerconsistent with this exemption, including evasive and emergency m aneuvers and maintaining appropriate distances from people, vessels, vehicles and structures. HCH seeks relief from Section 91.7(a), entitled Civil aircraft airworthiness, because the DJI Phantom 3 UAS do notrequire anairworthiness certificate in accordance with 14 C.F.R. Part21, Subpart H. As such, HCH submits that they will ensure that the DJI Phantom 3 UAS is in an airworthy condition, prior to every flight, by d etermining that the UAS are in compliance with the operating documents (i.e., Monthly Maintenance Log, and DJI Phantom 3 Instruction Manual), and thatthe aircraft are ina conditionfor safe flight.

5HCH also seeks an exemption from the requirements of Section 91.121, entitled Altimeter Settings, as the DJI Phantom 3 UAS will not have a typical barometric altimeter onboard. However, altitude information ofthe DJI Phantom 3 UAS will be provided to the PIC via 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 HCH's operation ofthe DJI Phantom 3 UAS within visual line of sight, at orbelow400 feet AGL, will ensure a level ofsafety equivalentto Section 91.121.
Additionally, HCH seeks an exemption from the requirements of Section 91.151(b), entitled Fuel requirementsforflight in VFR conditions. HCH submits that safety will not be affected by operation ofthe DJI Phantom 3 UAS during daylight hours in visual meteorological conditions (VMC) under visual flight rules (VFR), with enough battery powerto fly for a total duration of approximately 23 minutes. Battery power indicators are also able to show exactly how much battery power is left, as well as how much time is needed to return safely back to point oftake off. In accordance with 14 C.P.R. § 11.81, HCH provides the following informationin support of its petition for exemption:

A. NameAndAddress OfThePetitioner. The name and address ofthe Petitioner and pointofcontactis: Russ Burnup, Manager Hendry CreekHideaway, LLC 5560 Harborage Drive FortMyers, FL 33908 239-281-5906 info@HendryCreekHideaway.com

6

### B. The Specific Sections Of 14 C.F.R. From Which HCH Seeks Exemption.

1. 

### HCH Seeks Exemption From The Requirements Of Section 61.113(a) And (b). Section 61.113, entitled Private pilot privileges and limitations: 

### Pilot in command, subsections (a) and (b) prescribethe following, inrelevantpart: (a) No person who holds a private pilot certificate may act as a pilot in command (PIC) ofan aircraft that is carrying passengers or property for compensation or hire; normay thatperson, for compensation orhire, act as PIC ofan aircraft. (b) A private pilot may, for compensation or hire, act as PIC of an aircraft in connectionwith any business or employment if- (1) The flight is only incidentalto thatbusiness or employment; and (2) The aircraft does not carrypassengers orpropertyfor compensation orhire. 

### 2. HCH Seeks Exemption From The Requirements Of Section 91.7(a). Section 91.7, entitled 

### Civilaircraftairworthiness, subsection (a), statesthe following: (a) No personmay operate a civil aircraftunless itis in an airworthy condition. 

### 3. HCH Seeks Exemption From The Requirements Of Section 91.121.Section 91.121, entitled Altimeter settings, subsection (a), statesthe following, inpart: (a) Eachpersonoperating an aircraft shall maintainthe cruising altitude or flight level ofthat aircraft, as the case may be, by reference to an altimeter that is set, when operating-- (1) Below 18,000 feet MSL, to-- (i) The current reported altimeter setting of a station along the route and within 100nautical miles ofthe aircraft; (ii) Ifthere is no station within the area prescribed in paragraph (a)(1)(i) of this section, the current reported altimeter setting ofan appropriate available station; or

(iii) In the case ofan aircraft not equipped with a radio, the elevation ofthe departure airport or an appropriate altimeter setting available before departure.

7

## j

! 

### 4. HCH Seeks Exemption From The Requirements Of Section 91.151(b). Section 91.151, entitledFuel 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 windand forecast weather conditions) there is enoughfuel tofly to the firstpoint of intended landing and, assuming normal cruising speed, tofly after that for atleast20minutes. 

### 5. HCH Seeks Exemption From The Requirement Of Section 91.405(a). Section 91.405, entitled Maintenance required, subsection (a), states the following: Each owner oroperator ofan aircraft- (a) Shall have that aircraft inspected as prescribed in subpart E ofthis part and shall between required inspections, except as provided in paragraph (c) of this section, have discrepanciesrepaired as prescribed inpart43 ofthis chapter[.] 

### 6. HCH Seeks Exemption From The Requirements Of Section 91.407(a)(1) Section 91.407, entitled Operation after maintenance, preventive maintenance, rebuilding, oralteration, subsection (a)(1), states the following: (a) No person may operate any aircraft that has undergone maintenance, preventive maintenance, rebuilding, or alterationunless-- (1) Ithas been approved for return to service by a person authorized under§ 43.7 ofthis chapter[.] 

### 7. HCH Seeks Exemption From The Requirements Of Sections 91.409(a)(1)And 91.409(a)(2). Section 91.409, entitledInspections, subsection (a), states the following: (a) Except as provided in paragraph (c) ofthis section, no person may operate an aircraftunless, withinthe preceding 12 calendarmonths, ithas had-- (1) 

### An annual inspection in accordance with part 43 ofthis chapter and has been approved for returnto service by a person authorizedby§ 43.7 ofthis chapter; or (2) An inspection for the issuance of an airworthiness certificate in accordance withpart21 ofthis chapter.

88. HCH Seeks Exemption From The 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 oroperator shallkeep the following records for the periods specified inparagraph (b) ofthis section: (1) Records of the maintenance, preventive maintenance, and alteration and records of the 1 00-hour, annual, progressive, and other required or approved inspections, as appropriate, for each aircraft (including the airframe) and each engine,propeller, rotor, and appliance ofan aircraft. The records mustinclude-- (i) A description (or reference to data acceptable to the Administrator) ofthe workperformed; and (ii) The date ofcompletion ofthe workperformed; and (iii) The signature, and certificatenumber ofthe person approving the aircraft for returnto service. (2) Records containing the following information: (i) The total time in service ofthe airframe, each engine, each propeller, and eachrotor.

(ii) The current status oflife-limited parts ofeach airframe, engine, propeller, rotor, and appliance.

(iii) The time since last overhaul ofall items installed on the aircraft which arerequiredto be overhauled on a specifiedtimebasis. (iv) The current inspection status ofthe aircraft, including the time since the last inspection required by the inspection program under which the aircraft and its appliances are maintained. (v) The current status ofapplicable airworthiness directives (AD) and safety directives including, for each, the method of compliance, the AD or safety directive number and revision date. If the AD or safety directive involves recurring action, the time and date whenthe 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 engines, rotors, propellers, and appliances.

9I

.

(b) The owner or operator shall retain the following records for the periods prescribed: (1) The records specified inparagraph (a)(1) ofthis section shall be retained until the work is repeated or superseded by other work or for 1 year after the work is performed. (2) The records specified in paragraph (a)(2) ofthis section shall be retained and transferred with the aircraft atthe time the aircraft is sold. (3) A list ofdefects 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 OfReliefHCH Seeks And The Reason HCH Seeks The Relief.

1. Extent Of Relief HCH Seeks And The Reason HCH Seeks ReliefFrom Section 61.113(a) And (b). Relieffrom Section 61.113(a) and (b) entitled Privatepilotprivileges and limitations: Pilot in command, is requested to the extent necessary to allow a PIC holding a private pilot or higher level certificate, as well as a current and valid airman medical certificate, and who has met certain flight-hour and currencyrequirements, to conductthe proposed UAS flight operations for compensation orhire. This relief is requested since the limitations set forth in Section 61.113(a) and (b) state that a private pilot may, for compensation or hire, act as PIC of an aircraft in connection with any business or employment if: (1) The flight is only incidental to that business or employment; and (2) The aircraft does notcarrypassengers orpropertyfor compensation orhire. As set forth more fully below, HCH submits that an equivalent level ofsafety will be maintained because no PIC will be allowed to operate the DJI Phantom 3 UAS unless that PIC has met certain flight-hour and currency requirements, demonstrating that the PIC is able to safely operate either the DJI Phantom 3 UAS in a manner consistentwith the operations specifications as described in this exemption, including evasive and emergency maneuvers, as well as maintaining appropriate distances from people, vessels, vehicles and structures.
Further, HCH submits that all flights of the DJI Phantom 3 UAS, conducted by the PIC pursuant to the grant ofthis Petition: (1) will be incidental to HCH's business; and (2) will not carry passengers orproperty for compensationorhire.

10

### 2. Extent Of Relief HCH Seeks And The Reason HCH Seeks ReliefFrom Section 91.7(a). Relief from Section 91.7(a) entitled 

### Civil aircraft airworthiness, is requested to the extent required to allow HCH to determine that the DJI Phantom 3 UAS are in airworthy condition prior to every flight by ensuring that the UAS is in compliance with the operating documents (i.e., HCH Aerial Operations Manual, Monthly Maintenance Log, and DJI Phantom 3 InstructionManual). HCH seeks the requested reliefbecause the DJI Phantom 3 UAS do not require an airworthiness certificate in accordance with 14 C.F.R. Part 21, SubpartH. Therefore, HCH will ensure thatthe DJI Phantom 3 UAS are in airworthy condition based upon its compliance with the operating documents (i.e., Monthly Maintenance Log, and DJI Phantom 3) prior to every flight, and further, determine that the aircraft are in condition for safe flight, as stated inthe conditions and limitations below.



### 3. Extent Of Relief HCH Seeks And The Reason HCHSeeks ReliefFrom Section 91.121. Relief from Section 91.121, entitled Altimeter settings, may b erequired to allow flight operations of the DJI Phantom 3 UAS, which utilize a barometric pressure sensor, GPS equipment, and a radio communications telemetry dita link to downlink altitude information from the UA to the PIC at the ground control station (GCS). Since the FAA requires that any altitude information concerning UAS operations be reported to air traffic control (ATC) in feet above ground level (AGL), HCH seeks the requested reliefbecause the DJI Phantom 3 UA's altimetermay be set onthe ground to zero feet AGL, rather thanthe local barometric pressure or field altitude, before eachflight. Considering the limited altitude ofthe proposed operations, relief:from 14 CFR 91.121 is sought to the extentnecessaryto complywiththe applicable conditions and limitations statedbelow. As more fully set forth herein, an equivalent level of safety will be maintained since the DJI Phantom 3 UAS are equipped with a barometric pressure sensor and GPS equipment, which automatically ensures that a ground level pressure setting will be established prior to each flight, andprovides the PIC with altitude information ofthe UAonthe heads-up display ofthe GCS.



### 4. Extent Of Relief HCH Seeks And The Reason HCH Seeks ReliefFrom 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 ofthe battery pCMTered DJI Phantom 3 UAS during daylight hours in visual meteorological conditions (VMC), under visual flight rules (VFR), for a total duration of23 minutes. HCH seeks the requested reliefbecause without an exemptionfrom Section 91.151(b), the flight time duration ofthe

11battery powered DJI Phantom 3 UAS will severely constrain the practicality ofany aerial video or still photo flight operationsthat HCHproposes to conductpursuantto this Petition.
Significantly, as set forth below, the technical specifications ofthe DJI Phantom 3 UAS, the DJI Phantom 3 operating documents, and HCH's proposed operating limitations, ensure that HCH will safely operate the battery powered DJI Phantom 3 UAS during daylight hours in visual meteorological conditions (VMC), under visual flight rules (VFR), with enoughbattery power to fly for a total duration of23 minutes.



### 5. Extent Of Relief HCH Seeks And The Reason HCH Seeks ReliefFrom Sections 91.405(a), 91.407(a)(l), 91.409(a)(l) & 

### (a)(2), And 91.417(a) & 

### (b).

Since Sections 91.405(a), 91.407(a)(l), 91.409(a)(l) & (a)(2), and 91.417(a) & (b) only apply to aircraft with an airworthiness certificate, HCH requests relief from these Sections because the DJI Phantom 3 UAS do not require airworthiness certificates. As set forth more fully below, the DJI Phantom 3 UAS meet the conditions of FMRA Section 333 for operation without an airworthiness certificate. Accordingly, HCH will use trained technicians to performmaintenance, alterations, or preventive maintenance on the UAS using the methods, techniques, and practices prescribed in the UAS operating documents (i.e., the HCH Aerial Operations Manual, Monthly Maintenance Log, and DJI Phantom 3 Instruction Manual). Furthermore, HCH will document and maintain all maintenance records for the DJIPhantom 3 UAS.



### D. The Reasons Why Granting HCH Request Would Be In ThePublicInterest; ThatIs, How It

### Would BenefitThePublicAs AWhole. Granting the present Petition will further the public interest by allowing HCH to safely, efficiently, and economically p erform aerial video and photography ofconstruction sites, real estate, events and civic landscape overcertain areas ofthe United States. Additionally, use of the DJI Phantom 3 UAS will decrease congestion of the NAS, reduce pollution, and provide significant benefits to the economy. Notably, the benefits of HCH's proposed operation ofthe DJI Phantom 3 UAS will be realized withoutimplicating any privacy issues.



### 1. ThePublicWill BenefitFrom Decreased Congestion OfTheNAS. The DJI Phantom 3 UAS are battery powered and serve as a safe, efficient, and economical alternative to the manned aircraft traditionally utilized to obtain aerial imagery. By reducing the
12amount ofmanned aircraft needed to perform aerial acquisitions, an exemption allowing the use ofa DJI Phantom 3 UAS would reduce the amount ofmanned aircraft in the NAS, reduce noise and airpollution, as well as increase the safety oflife andproperty inthe air and onthe ground. Furthermore, by reducing the number of manned aircraft operating in the NAS, congestion around airports caused by arriving and departing aircraft will be reduced. The DJI Phantom 3 UAS do not require an airport to takeoff or land. Likewise, a reduction of manned aircraft conducting aerial video and photography missions would result in fewer aircraft that must be handledby airtraffic control during the ground, takeoff, departure, arrival, and landing phases of flight operations.

2. ThePublicWillBenefitFrom The SafetyAndEfficiency OfTheDJIPhantom 3 UAS. Conducting aerial acquisitions with the DJI Phantom 3 UAS, instead ofmanned aircraft, will greatly benefit the public by drastically reducing the levels ofair and noise pollution generated during traditional aerial video and still photography flight operations. By using battery power and electric motors, the DJI Phantom 3 UAS produce no air pollution, and is the most viable environmentally conscious alternative to the cabin class, six cylinder internal combustion engine aircraft that are typically utilized for aerial video and photography, while burning approximately 20-30 gallons per hour ofleaded aviation fuel. The DJI Phantom 3 UAS, while reducing the carbon footprint ofaerial acquisitions, also eliminates noise pollution, as the UAS are propelled bybatterypowered electric motors, rather than an internal combustionengine. By using the DJI Phantom 3 UAS to perform aerial acquisitions, the substantial risk to life and property in the air and onthe ground, whichis usually associatedwithtraditional manned aircraft flight operations, will be substantially reduced or completely eliminated. Aside from the lack of flight crew members located onboard the aircraft, the DJI Phantom 3 UAS (weighing approximately 2.8 pounds at their maximum gross weight with diagonal dimension of 23.2 inches, and with no fuel on board), has less physical potential for collateral damage to life and property on the ground, and in the air, compared to the manned aircraft that typically conduct similar operations (weighing approximately 6,000 pounds with a wingspan ofapproximately 42 feet, a length of34 feet, and a fuel capacity of180 gallons). 3. PerformingAerialVideo andPhotography OperationsWithTheDJIPhantom 3 UAS WillBenefitTheEconomy. In addition to being safe and efficient, the DJI Phantom 3 UAS are also an economical alternative to using manned aircraft to conduct similar aerial operations. As such, operation of the DJI Phantom 3 UAS will allow United States based companies, like HCH, to remain competitive and contribute to growth ofthe U.S. economy. Specifically, with the rising cost of aviation fuel and the Environmental Protection Agency ("EPA") regulatory actions phasing out leaded aviation fuels, U.S. owned and operated companies must adopt new and alternative technology inorderto remain competitive. Operating the battery powered DJI Phantom 3UAS is one suchtechnology thatnot only allows companies greater operational

13., 

### j flexibility compared to manned aircraft, but provides such flexibility without the high operational cost ofatraditional manned aircraft. By operating the DJI Phantom 3 UAS, companies such as HCH, can remain competitive and profitable, and therefore, provide greaterjob stability to employees and contractors, which will ultimately contribute to growth ofthe U.S. economy. Improved financial performance ofU.S. companies, through commercial use ofthe DJI Phantom 3UAS, 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.

4. ThereAreNo PrivacyIssues. Similar to the manned aerial acquisition flight operations that have been conducted for decades, HCH's proposed operation ofthe DJI Phantom 3 UAS will not implicate any privacy issues. Specifically, the DJI Phantom 3 UAS will be operated only in compliance with operating documents (i.e., HCH Aerial Operations Manual, Monthly Maintenance Log, and DJI Phantom 3 Instruction Manual) which requires property owner involvement as well as local law enforcementnotification, and in accordance withthe FederalAviation 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 OfSafety At Least Equal To That Provided By TheRuleFromWhichHCH Seeks Exemption. 1. Reasons Why The DJI Phantom 3 UAS Meet The Conditions Of The FAA Modernization andReformAct of2012 (FMRA) Section333. In consideration of the size, weight, speed, and limited operating area associated with the unmanned aircraft and its operation, HCH's operation of the DJI Phantom 3 UAS meet the conditions ofFMRA Section 333, and will not require an airworthiness certificate in accordance with 14 C.F.R. Part21, SubpartH. Section 333 provides authority for a UAS to operate without airworthiness certification and sets forth requirements for considering whether aUAS will create ahazardto users oftheNAS orthe public, or otherwise pose athreatto national security. Specifically, FMRA Section 333 states the following, inpart: (a) In General--Notwithstanding any other requirement of this subtitle, andnot later than 180days after the date of enactment of thisAct, the Secretary of Transportation shall determine 

### ifcertain unmanned aircraft systems may operate safely in the national airspace system before completion oftheplan and rulemaking required by section 332 of thisActor the guidance requiredbysection 334 ofthisAct.

14(b) Assessment ofUnmannedAircraft Systems.--In making the determination under subsection (a), the Secretary shalldetermine, ata minimum-- (1) which types of unmannedaircraft systems, 

### if any, as a result oftheir size, weight, speed, operational capability, proximity to airports andpopulated areas, andoperation within visualline of sightdo notcreate a hazardto users ofthe national airspace system or the public orpose a threat to national security; and (2) whether a certificate of waiver, certificate of authorization, or airworthiness certification under section 44704 oftitle 49, United States Code, is requiredfor the operation ofunmanned aircraft systems identified underparagraph (1). (c) Requirementsfor Safe Operation.--Ifthe Secretary determines under this section that certain unmanned aircraft systems may operate safely in the national airspace system, the Secretary shall establish requirementsfor the safe operation ofsuch aircraftsystems in the nationalairspace system. In seeking this exemption, HCH submits that the DJI Phantom 3 UAS can operate safely inthe NAS pursuant to FMRA Section 333, as demonstrated by: (a) the characteristics of the DJI Phantom 3 UAS; (b)thepilotcertificationrequirement; and (c) the specific operating limitations.



### a. The Specifications OfTheDJIPhantom 3UAS DemonstrateIts Safe Characteristics. The DJI Phantom 3 UAS does not create a hazardto users oftheNAS orthepublic, orotherwise pose a threatto national security considering its size, weight, speed, and operational capability. 

### i. Technical Specifications OfTheDJIPhantom 3 UAS. The technical specifications ofthe DJI Phantom 3 UAS are set forth by the DJI Phantom 3 User Manual, attachedhereto as AppendixA. ii.

### TheDJIPhantom3 UAS GlobalPositioningModes EnableTheUAS To Remain WithinADefined OperationalArea. The DJI Phantom 3 UAS maybe operated inbothmanual and global positioning flight modes. A complete description oftheflight andnavigational modes ofthe DJIPhantom 3 UAS is provided atpages 11 ofthe DJIPhantom 3 UserManual attachedhereto as AppendixA. iii.

### TheDJIPhantom 3 UAS AreDesigned ForAutomaticReturnTo Home Point OrHoverInTheEvent OfLoss OfThe ControlLinkOrNavigation. When the Control Link is lost, the DJI Phantom 3 UAS will remain stationary, in flight, for 3 seconds ormore. If, after 3 seconds, the DJI Phantom 3 UAS does notreacquire control link data from the GCS, the UAS will assume thatthe Control Link is lost and the will return to the home position (i.e., failsafe mode) via GPS, andwill descendto thetakeoffposition and shutdown.

15A complete description ofthe Failsafe Functions ofthe DJI Phantom 3 UAS are set forth at pages 12 through 14 ofthe DJIPhantom 3UserManual, attached hereto asAppendix A. iv. TheDJIPhantom 3 GCSAndIts Operation. A complete description ofthe operation and specifications ofthe DJI Phantom 3 GCS and flight control software is provided at pages 23 through 29 ofthe DJI Phantom 3 User Manual. DJI Phantom 3 UserManual is attachedhereto as Appendix A. b. FlightOperations OfDJIPhantom3 UAS Is LimitedTo TheLine OfSight OfA CertificatedPilotin CommandWithA Safety Observer. HCH video production staffwill be the only persons to act as a pilot in command (PIC) ofthe DJI Phantom 3 UAS. Additionally, a safety observer will assist him at all times during flight time.

c. Flights OfDJIPhantom 3 UAS WillBe ConductedPursuantTo Specific Operating Limitations. In seeking this exemption, HCHproposes to commercially operate DJI Phantom 3 UAS for the special purpose ofconducting aerial video and photography over certain areas ofUnited States, pursuantto 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 UAS weighing less than 55 pounds maximum gross weight: DJI Phantom 3 Unmanned Aircraft Systems. Proposed operations ofany other aircraft will require a new petition or a petition to amendthis grant.

2. UAS operations under this exemption will be limited to conducting operations for the purpose ofaerial video and photography. 3. The UAS may notbe flown at anindicated airspeed exceeding 20 knots. 4. The UAmustbe operated atan altitude ofno more than 400 feet above ground level (AGL), as indicated by the procedures specified in the operating documents unless a special request is made and approved by ATC. All altitudes reported to ATC must be infeetAGL. 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 medical certificate. 6. The use of first person view (FPV) by the PIC or safety observer (SO) is not permitted.

16

### 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 the duration ofthe flight. The PIC must ensure that the SO can perform the functions prescribed in the operating documents. 8. The SO must notperform any other duties beyond assisting the PIC with seeing and avoiding other air traffic and other ground based obstacles/obstructions and is not permittedto operate the camera or otherinstruments. 9. The operating documents and the grant of exemption must be accessible during UAS operations and made available to the Administrator upon request. If 

### a discrepancy exists between the conditions and limitations contained in the grant of exemption and the procedures outlined in the operating documents, the conditions and limitations contained in the grant ofexemptiontake precedence and mustbe 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 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 ofexemption. The FAA's UAS Integration Office (AFS-80) may be contacted if questions arise regarding updates or revisions to the operating documents.

10. Priorto each flight the PIC mustinspectthe UAS to ensure thatitis in a condition for safe flight. Ifthe inspection reveals a condition that affects the safe operation of the UAS, the aircraft is prohibitedfrom operatinguntil thenecessary maintenance has beenperformed and the UAS is found to be in a conditionfor safe flight. The Ground Control Station must be included in the preflight inspection. All maintenance and alterations mustbeproperly documented inthe 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 PIC who conducts the functional test flight mustmake an entry inthe aircraftrecords. 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 oftheoperating documents. 13. The operator must follow the UAS manufacturer's aircraft/component, maintenance, overhaul, replacement, inspection, and life limitrequirements.
17

### 14. The operator must carry out its maintenance, inspections, and record keeping requirements, in accordance with the operating documents. Maintenance, inspection, alterations, and status ofreplacement/overhaul component parts must be noted in the aircraft records, including total time in service, description of work accomplished, andthe signature ofthe authorizedpersonreturning the UAS to service. 15. Each UAS operated under this exemption must comply with all manufacturer SafetyBulletins. 16. The authorized person must make an entry in the aircraft record ofthe corrective actiontaken against discrepancies discovered between inspections. 17. The PIC mustpossess at least aprivate pilotcertificate and at least a currentthirdclass medical certificate. 18. The operator may not permit any PIC to operate unless the PIC meets the operator's qualification criteria and demonstrates the ability to safely operate the UAS in a manner consistentwithhowthe UAS will be operatedunderthe exemption, including evasive and emergency maneuvers and maintaining appropriate distances from persons, vessels, vehicles and structures. PIC qualification flight hours must be logged in a manner consistent with 14 C.F.R. § 61.51(b). Flights for the purposes of training the operator's PICs are permitted under the terms of the exemption. However, training operations may only be conducted during dedicated training sessions. During training, proficiency, and experience-building flights, all persons not essential for flight operations are considered nonparticipants, and the PIC must operate the UA with appropriate distance from nonparticipants in accordance with 14 C.P.R.§ 91.119. 19. UAS operations maynotbe conducted during night, as defined in 14 C.F.R. § 1.1. All operations must be conducted under visual meteorological conditions (VMC). If flight at night is required, a special request will be made at the FAA office closest to proposed area ofoperations. Flights under special visual flight rules (SVFR) are not authorized. 20. The UA may not operate within 5 nautical miles ofan 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 uponrequest. 21. The UA may not be operated less than 500 feet below or less than 2,000 feet horizontallyfrom a cloud orwhen visibility is less than 3 statute miles from the PIC. 22. Ifthe UA loses communications or loses its GPS signal, it must return to a predetermined location within the planned operating area and land or be recovered in accordance withthe operating documents.
1823. The PIC must abort the flight in the event ofunpredicted obstacles or emergencies in accordance with the operating documents. 24. The PIC is prohibited from beginning a flight unless (considering wind and forecast weather conditions) there is enough power to fly at normal cruising speed to the intended landing point and land the UAwith25% batterypowerremaining. 25. The operator must obtain an Air Traffic Organization (ATO) issued Certificate of Waiver orAuthorization (COA) priorto conducting any operations underthe 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 inaccordance with airspace requirements in the ATO issued COA including class of airspace, altitude level and potential transponderrequirements. 26. All aircraft operatedin accordance with the exemptionmustbe 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 frequency spectrum used for operation and control ofthe UA must comply with the Federal Communications Commission (FCC) orother appropriate government oversight agency requirements. 28. The documents required fewer than 14 C.F.R. 91.9 and 91.203 must be available to the PIC at the Ground Control Station ofthe UAS any time the UAS is operating. These documents must be made available to the Administrator or any law enforcementofficialuponrequest. 29. The UA must remain clear and yield the right of way to all manned aviation operations and activities at all times. 30. The UAS maynotbe operatedby the PIC from anymoving device orvehicle. 31. Flight operations must be conducted at least 500 feet from all nonparticipating persons (persons other than the PIC, SO, operator trainees or essential persons), vessels, vehicles, and structures unless:

a. Barriers or structures are present that sufficiently protect nonparticipating persons from the UA and/or debris in the event of an accident. The operator must ensure that nonparticipating persons remain under such protection. If a situation arises where nonparticipating persons leave such protection and are within 500 feet ofthe UA, flight operations must cease immediately and/or; b. The aircraft is operated near vessels, vehicles or structures where the owner/controller ofsuch vessels, vehicles or structures has granted permission and the PIC has made a safety assessment ofthe risk ofoperating closer to those objects and determined thatit does notpresentanundue hazard, and;
19! •

c. Operations nearer to the PIC, SO, operator trainees or essential persons do notpresent an undue hazard to those personsper §91.119(a). 32. All operations shall be conducted over private or controlled-access property with permission from the land owner/controller or authorized representative. Permission from land owner/controller or authorized representative will be obtained for each flightto be conducted. 33. Any incident, accident, or flight operation that transgresses the lateral or vertical boundaries ofthe operational area as defined by the applicable COA mustbe reported to the FAA's UAS Integration Office (AFS-80) within 24 hours. Accidents must be reported to the National Transportation Safety Board (NTSB) per instructions contained onthe 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. HCH submits that the equivalent level ofsafety established by Section 61.113(a) and (b) will be maintained because no PIC will be allowed to operate the DJI Phantom 3 UAS unless that PIC has demonstrated, by meeting minimum flight-hour and currency requirements, that the PIC is able to safely operate the DJI Phantom 3 UAS in a manner consistent with the exemption, including evasive and emergency maneuvers and maintaining appropriate distances from people, vessels, vehicles and structures. Considering HCH's proposed area ofoperations, and the operating limitations set forth-above; the parallel nature ofprivate pilot aeronautical knowledge requirements to those ofcommercial pilot requirements (See Exemption No. 11062); and the airmanship skills necessary to safely operate the DJI Phantom 3 UAS, HCH submits that the additional manned airmanship experience of a commercially certificated pilot would not correlate to the airmanship skills necessary for HCH's specificproposed 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). HCH will not allow any PIC to operate the DJI Phantom 3 UAS unless that PIC has demonstrated, by meeting minimum flight-hour requirements orthe DJI Phantom 3UAS training and currency requirements, that the PIC is able to safely operate the DJI Phantom 3 UAS in a manner consistent with this exemption, including evasive and emergency maneuvers and maintaining appropriate distances from people, vessels, vehicles and structures. Specifically, the PIC musthave accumulated and logged, in a manner consistentwith 14 C.F.R. § 61.51(b), 25 hours oftotal time as a UAS rotorcraft pilot (with a minimum of5 hours ofthose

20

### hours as aUAS pilotoperating the same make and model ofUASto be used for operations under the exemption). In addition to the hour requirements, the PIC must accomplish 3 takeoffs and landings inthe preceding 90 days (for currencypurposes). 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 safety during HCH's proposed operations. The Administrator has held that prior documented flight 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 ofmotionpicture filming (or similar operations), the PIC musthave accumulated and logged, in a manner consistent with 14 CFR 61.51(b), 25 hours oftotal time as 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 PIC must also have accumulated and logged a minimum of5 hours as a UAS pilot operating the same make and model ofUAS to be used for operations under the exemption. For clarification, the FAA considers these minimum hourrequirements to be inclusive ratherthan additive; i.e. 5hours make and model time may be included inthe 10 hours ofmulti-rotortime andthe 10 hours may be included in the total 25 hours ofUAS rotorcraft time. In addition to the hour requirements, the PIC must accomplish 3 takeoffs and landings in the preceding 90 days (for currency purposes). The FAA finds that at a minimum, the flight-hour requirements inExemptionNo. 11062 are appropriate to practice and buildproficiency in the skills necessary to safely conduct the petitioner'sproposed operations. The FAA also finds that prior documented flight experience that was obtained in compliance with applicable regulations would satisfY this requirement. Training, proficiency, and experience-building flights can also be conducted under the grant of exemption to accomplish the required flight time. During training, proficiency, and experience-building flights the PIC is required to operate the UA with appropriate distances in accordance with 14 C.F.R 91.119.
ExemptionNo. 11138 atpage 15. Accordingly, HCH will ensure safe operations by not allowing any PIC to operate the DJI Phantom 3 UAS unless that PIC has demonstrated, by meeting minimum flight-hour and currency requirements, that the PIC is able to safely operatethe DllPhantom 3 UAS in a manner consistent with the exemption, including evasive and emergency maneuvers and maintaining appropriate 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.

21

### The equivalent level ofsafety establishedby Section 91.7(a) will be maintained because priorto every flight, HCH will ensure that the DJI Phantom 3 UAS is in an airworthy condition based upon the UAS's compliance with its operating documents and as stated in the conditions and limitationsherein. Additionally, the FAA has previously granted relieffrom 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 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 ofthe DJI Phantom 3 UAS will be 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 ofthe flight path and altitude. This altitude information, combined withHCH's operation ofthe DJI Phantom 3 UAS within visual line ofsight, at or below 500 feet AGL, will ensure a level ofsafety equivalentto Section 91.121. The altitude information will be generated by GPS equipment installed onboard the aircraft. Prior to each flight, a zero altitude initiation pointis automatically establishedby the UAS at ground level. The FAA has previously granted relieffrom 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 From The Requirements OfSection 91.151(b) Would Not Adversely Affect Safety. A grant ofthis exemption would ensure an equivalent level of safety established by 14C.F.R. Section 91.151(b) as a result of(1) 

### the technical specifications ofthe DJI Phantom 3 UAS; (2) the limitations on the proposed flight operations; and (3) the location of the proposed flight operations. Accordingly, HCH will ensure that it will safely operate the battery powered DJI Phantom 3 UAS during daylight hours in VFR conditions, with enough battery power to fly for atotal duration of23 minutes. Here, as in Exemption No. 11109, the technical specifications ofthe DJI Phantom 3 UAS; the limitations on the proposed flight operations; and the location ofthe proposed operations, will ensure an equivalent level of safety established by 14 C.F.R. Section 91.151(b). Furthermore, safety will be ensured as the DJI Phantom 3UAS provide audible and visual warnings to the PIC at the GCS when the UAS experiences low battery voltage, the first warning occurring at approximately 33% remaining battery power, and again at approximately 10% remaining battery


### 22power. At the critically low battery level, the DJI Phantom 3 UAS will descend and land automatically. Significantly, previous exemptions granted by the FAA concerning Section 91.151 establishthat safety is not adversely affected whenthe technical characteristics and operating limitations ofthe 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 has previously granted relief from Section 91.151 specific to UAS, in circumstances similar, in all material respects, to those presented herein (e.g. Exemption Nos. 8811, 10808, 10673, 11042, 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110, 11136, 11138,11150, 11153, 11156, 11157, 11158,11159, 11160, 11161).



### 6. Reasons Why An Exemption From The Requirements Of Sections 91.405(a), 91.407(a)(l), 91.409(a)(l) & 

### (a)(2), And 91.417(a) & 

### (b) Would Not Adversely Affect Safety. In seeking this exemption, HCH submits that the equivalent level of safety with regard to the regulatory maintenance and alteration requirements established by Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b) will be met because HCH will use trained technicians to perform maintenance, alterations, or preventive maintenance on the UAS using the methods, techniques, and practices prescribed in the operating documents (i.e., HCH Aerial Operations Manual, Monthly Maintenance Log, and DJI Phantom 3 Instruction Manual). Furthermore, HCH will document and maintain all maintenance records for the DJI Phantom 3 UAS.

Since the DJI Phantom 3 UAS will be inspected as prescribed by the operating documents, HCH will maintain the equivalent level ofsafety established by Sections 91.405(a), 91.409(a)(1), and 91.409(a)(2). A copy ofthe DJI Phantom 3 User Manuals are attached hereto as Appendix A and B; a copy ofthe DJIPhantom 3 UAS Maintenance LOGis attachedhereto as Appendix C.
Likewise, the exemption sought will not adversely affect safety because HCH will use trained technicians to perform maintenance, alterations orpreventive maintenance onthe UAS using the methods, techniques, andpractices prescribedby t he 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 ofthe DJI Phantom 3 UAS will be performed by trained technicians. Maintenance will be documented and maintained utilizing the monthlymaintenance log. Significantly, previous exemptions granted by the FAA concerning Sections 91.405(a), 91.407(a)(l), 91.409(a)(l) & (a)(2), and 91.417(a) & (b) establish that safety is not adversely affected whenthe technical characteristics and operating limitations ofthe UAS are considered.
23In consideration of HCH's proposed operating limitations, the operating documents, and the technical aspects ofthe DJI Phantom 3 UAS, HCH submits that safety will not be adversely affected by granting exemption from 14 C.P.R. Sections 91.405(a), 91.407(a)(l) 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 MayPrescribeAny 

### OtherConditionsForSafe Operation. Inaccordance with Section 333 ofthe FAAModernization and ReformActof2012 (FMRA) and 14 C.P.R. § 21.16 entitled Special Conditions, HCH requests that the FAA prescribe special conditions for the intended operation of the DJI Phantom 3 UAS, which contain such safety standards that the Administrator finds necessary to establish a level of safety equivalent to that established by 14 C.P.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)(l) & (a)(2), and 91.417(a) & (b). Such special conditions will permit safe operation ofthe UAS for the limited purpose of conducting aerial video and photography over certain areas ofthe United States for compensation or hire. FMRA Section 333 sets forth the requirements for considering whether a UAS will create a hazard to users ofthe NAS or the public, or otherwise pose a threat to national security; and further, providesthe authority for suchUAS to operate without airworthiness certificationinaccordance with any requirements thatmustbe establishedfor the safe operation oftheUAS intheNAS.
Likewise, the Administrator may prescribe special conditions pursuant to 14 C.P.R. § 21.16, for operation of the DJI Phantom 3 UAS, since the airworthiness regulations of 14 C.P.R. Part 21 do not contain 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 ofa novel or unusual design feature ofthe 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 ofthis chapter and contain such safety standards for the aircraft, aircraft engine or propeller as the FAA finds necessary to establish a level ofsafety equivalentto that established intheregulations. See 14 C.P.R.§ 21.16. Therefore, in accordance with FMRA Section 333 and 14 C.P.R. § 21.16, the FAA may prescribe special conditions for Leading Edge's intended operation ofthe DJI Phantom 3 UAS, which contain such safety standards thatthe Administrator finds necessary to establish a level of safety equivalent to that established by 14 C.P.R. Part 21, Subpart H, and 14 C.F.R Sections

24

### 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 Can Be Published In The Federal Register, stating: The Rules FromWhichHCHSeeks Exemption:

HCH 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)(l), 91.409(a)(1) & (a)(2), and91.417(a) & (b). 

### A Brief Description Of The Nature Of The Exemption HCHSeeks:

This exemption willpermitHCHto commercially operate an UnmannedAircraftSystem (UAS)for thepurpose of conducting aerial video andphotography over certain areas of the UnitedStates.



### • Any Additional Information, Views, Or Arguments Available To Support HCH'sRequest.

This Petitionis made pursuantto the FAAModernization and ReformAct of2012 (FMRA) Section 333, which directs the Secretary ofTransportationto determine ifcertain UAS may operate safely inthe NAS. As such, HCH's request for exemption may be granted pursuant to the authority ofFMRA Section 333 and 14 C.P.R. Part 11, as setforth above.

FMRA Section 333 sets forth the requirements for considering whether a UAS will create a hazard to users ofthe NAS or the public, or otherwise pose a threat to national security; and further, providesthe authority for such UAS to operate without airworthiness certification. As discussed in detail above, HCH will operate the DJI Phantom 3 UAS safely in the NAS, without creating a hazard to users of the NAS, or the public, or otherwise pose a threat to national security. CONCLUSION As set forth herein, HCH seeks an exemption pursuant to 14 C.P.R. § 11.61 and Section 333 of the FAA Modernization and Reform Act of2012 (FMRA), which will permit safe operation of the DJI Phantom 3 UAS commercially, without an airworthiness certificate, for the limited purpose ofconducting aerial video and photography over certain areas ofthe United States. By grantingthis Petition, the FAAAdministrator will be fulfilling the Congressional mandate ofthe FAA Modernization and Reform Act of2012, while also advancing the interests ofthepublic, by allowing HCH to safely, efficiently, and economically operate the DJI Phantom 3 UAS commercially withintheNAS.

25

### WHEREFORE, in accordance with the Federal Aviation Regulations and the FAA Modernization and Reform Act of 2012, Section 333, HCH 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)(l) & (a)(2), and 91.417(a) & (b), and permit Leading Edge to operate the DJI Phantom 3 UAS commercially for thepurpose ofconducting aerial video andphotography over certain areas ofthe United States.

Dated: August 19, 2015 Respectfully submitted,

# ~ Russ Bumup, Manager Hendry CreekHideaway, LLC 5560 Harborage Drive FortMyers, FL 33908 239-281-5906 info@HendryCreekHideaway.com

Appendices:

A- Linkto DJIPhantom 3Manual: Click onlinkbelowhttp://download.djiinnovations.com/downloads/phantom 3/en/Phantom 3 Professional User Manual v1.2 en.pdf

26