1

March 12, 2016

Attn:

U. S. Department of Transportation Docket Operations

West Building Ground Floor, Room w12 -140

1 200 New Jersey Ave, SE Washin gton, DC 20590

R E: SWAY THE CROWD, LLC

R EQUEST S AN EXEMPTION FROM THE REQUI REMENTS OF TI TLE 14 OF THE CODE

OF FEDERAL REGULATIONS

SECTI ONS 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 COMMERCI AL OPERATION OF DJ I Phan tom

3 UNMANNED AIRCRAFT SYSTEMS PUR SUANT TO SE CTI ON 3 33 OF

THE FAA MODERNIZATION AND R EFORM ACT OF 2012 (PUBLIC LAW 112 -95)

B rian Grady

Pr o d u cer

Sway the Crowd, LLC

122 E Main St, Ste 300

Columbus, OH 43215

614-655-7929

p roductions@swaythecr owd.com2 **TABLE OF CONTENTS**

Page

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

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

IN TRODUCTION AND INTERESTS OF PETITIONER....................................................4

BACKGROUND................ ....................................................................................................4

BASI S FOR PETITION.........................................................................................................5

NAME AND ADDRESS OF PETIT IO NER.......................

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

THE SPECI FI C SECTIONS OF 14 C.F.R. FR OM WHI CH SWAY THE CROWD, LLC

SEEKS EX EMPTI ON........................................

........................................... ... ..... .......... ....... 7

THE EXTENT OF RELIEF SWAY THE CROWD, LLC SEEKS AND THE REASON

SWAY THE CROWD, LLC SEEKS THE RE LIEF................... ........................................10

THE REASONS WHY GRANTING SWAY THE CROWD, LLC ’S REQUEST WOUL D BE

IN THE PUBLIC INTEREST ................................... .........................................................12

THE REASONS WHY GRANTING THE EXEMPTI ON TO SWAY THE CROWD, LLC

WOUL D NOT ADVE RSEL Y AFFECT SAFETY..........................................

......... ....... .... 1 4

SUMMARY THAT CAN BE PUBLISHED IN THE FEDERAL REGI STER....

.......... .. . .. 25

ANY ADDITIONAL INFORMATION, VIEWS, OR ARGUMENTS A VAILABLE TO

SUPPORT SWAY THE C R OWD, LLC ’S RE QUEST... ...............................................25

CONCL USION............................................................................................................

. ........ 2 5

APPENDI CES...............................................................

. ......................... 263 **GLOSSARY OF ABBREVIATIONS**

AGL Above Ground Level

AOI Area of Interest

ATC Air Traffic Control

ATO Air Traffic Organization

AV Aerial Vehicle

CFR Code of Federal Regulations

COA Certificate of Authorization

FAA Federal Aviation Administration

FAR Federal Aviation Regulation

GCS Ground Control Station

GPS Global Positioning Sy stem

LOL Loss of Link

NAS National Airspace Sy stem

NOTAM Notice to Airman

PI C Pilot I n Command

Section 333 FAA Modernizatio n and Reform Act of 2012 (FMRA)

SO Safety Observer

SOP Standard Operating Procedure s

UA Unmanned Aircraft

UAS Unmanned Aircraft Sy stem

VFR Visual Flight Rules

VLOS Visual L ine of Site

VMC Visual Meteorological Conditions

VTOL Vertical Takeoff and Landing4 **SUMMARY**

SWAY THE CROWD, LLC seeks ex emption fr om the requirements o f 14 C.F.R §§

6 1

. 1 1 3( a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91 .407(a)(1), 91.409(a)(1) & (a)(2),

and 9 1

. 417( a) & ( b ), to o p erate an Unmanned Aircraft Sy stem (D J I Phantom 3) pursuant to

Section 333 of the FAA Modernization and R eform Act of 2012 (FMRA). This exemption

will permit SWAY THE CR OWD, LLC to o p erate an Unmanned Air craft Sy stem ( UAS) f o r

the co mmercial p urpose o f conducting aerial v ideo and ph oto gr ap h y of construction sites,

r esidential an d commercial r eal estate, civil landscape s and events o v er certain areas of the

United States.

**INT RODUCTION AND INTERESTS OF THE PETITIONER** 

SWAY THE C ROWD, LLC has fo r ov er fiv e y ears p r o v ided their clients (whi ch include

p r ivate sector businesses and non-pr o f its, along with local state and federal agencies ) with

expertise and k nowledge in v ideo and multi media marketing

, adv ertising

, public r elations and

training u sing adv anced tech n o logies and solutions. SWAY THE CROWD, LLC h as worked

on hundreds o f p r o ductions o v er the past five ye ars in all ty pe s of location s with a perf ect client

an d employ ee safety record

. I n the pas t we have sup pl ied our clients aer ial v ideo

an d photograph y u sing commercial aircraft

. The ob jective o f SWAY THE CROWD, LLC and

o ur Un manned Aircraft Sy stem 's (DJI Phantom 3) aerial op erations is to p r ovide a

mo r e af fordable

, h igh -quality p r o duction sy stem for a variety o f go vernmental,

commercial, public, and residential uses, specifically targeting

• Construction sites before and after

• Appraisals

• Real

- estate marketing

• Economic development

• Civic landmarks

• Special event coverage

• Private and governmental training

My staff has safely flown small RC electric quadcopters recreationally for app roximately 3 ye ars

without incident.

**BACKGROUND**

Unmanned Aircraft Sy stems: DJI Phantom 3

, UAS

SWAY THE CROWD, LLC seeks an exemption to o p erate DJ I Ph an tom 3 sy stem for

compensation or h ire with in the NAS. The DJI Phan tom 3 is vertical takeoff and landing

( VTOL) Unmanned Aircraft ( UA) with a Ground Co ntrol Station (GCS) u tilizing electronic

tablet o r smart phone sy stems. The DJI P hantom 3 h as a max imu m gross weight of

ap p r ox imately 2.8 lb. while having a d iagonal d imension o f 23.2”, a max imum speed of

ap p r ox imately 16.4 f

p s an d a maximum fly ing h eig h t of 40 0'

. The DJ I Ph an tom 3 is equipped

with four main rotors; driven by L ithium Poly mer b attery powered electric motors.5

The DJ I Phantom 3 th at will be operated by SWAY THE CR OWD, LLC will be registered in

accordance with 49 U. S. C. 44103, Registration o f Aircraft

, as well as 14 C.F.R Part 47, Aircraft

Registration

, an d mar k ed in accordance with 14 C.F.R. Part 45, Id entification and Registrat ion

M a rking

.

**BASIS FOR PETITION**

Petitioner, SWAY THE C ROWD, LLC

, p u r suant to the provisions of the Federal Aviation

R egulations ( 14 C

. F.R. § 11 .6 1) and the FAA Mod ernization and R eform Act o f 2012 (FMRA),

Section 333, S

pecial Rules for Certa in Unmanned Aircraft S ystems

, her eb y petitions the

Administrator to co mmercially operate the DJ I Phantom 3, UAS in th e National Airspace Sy stem

(NAS), and f

o r an exemption fr om the requirements o f 14 C.F.R §§ 6 1

. 1 1 3 ( a) & (b), 91 .7 (a),

9 1

. 1 2 1

, 91.151(b), 91.405(a), 91 .407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b).

I n consideration o f th e speed, weight, size, and limited operating area associated with the

u nmanned aircraft an d its op eration, SWAY THE CROWD, LLC 's o p eration o f the DJ I

Phantom 3 UAS meets the condition s o f FMR A Section 333 and therefore, will not require an

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

Accordingl y, SWAY THE C ROWD, LLC requests r elief from Sections 91.405(a),

9 1.407(a)(1), 9 1

. 409(a)(1) & (a)(2), and 91.4 17(a) & (b), as these sectio n s set forth requirements

for maintenance that only a ppl y to aircraft with an airworthiness certificate.

SWAY THE CROWD, LLC submits that the requ ested r elief is proper since an equivalent

level o f safet y will b e ensured. SWAY THE CROWD, LLC will u se exp erienced personnel or

technicians to perfor m maintenance, alter ations, or preventive maintenan ce on the UAS usin g the

methods, techniques, an d p ractices prescribed in the o p erating documents ( i.e., Monthly

Main tenance Lo g, an d DJI P hantom 3 In structio n Manual). Furthermore, SWAY THE

CROWD, LLC wi ll document and maintain all main tenance records for the DJ I Phantom 3 UAS.

R elief from certain requirements o f Section 6 1

. 1 1 3 ( a) and ( b ), entitled Private pilo t privileges

and limi tations: Pilot in command

, is req uested b y SWAY THE CROWD, LLC to the extent

n ecessary to allow a Pilot in Command (PI C) holding a private pilot or higher level certificate, as

well as an airman medical certificate, and who has demonstrated, by m eeting mi n imum flight

h o ur and currency r equirements, that th e PI C is able to safely operate the DJI Phantom UAS in a

manner consistent with this exemption, including evasive and emergency m aneuvers and

maintaining appropriate distances from people, vessels, vehic les and structures.

SWAY THE CROWD, LLC seeks relief f r o m Section 91.7(a), entitled Civil aircraft

a irworthiness

, because the DJI P hantom 3 UAS do es n ot requ ire an airworthiness certificate

in accordance with 14 C .F.R. Part 21, Subpart H. As such, SWAY THE CROWD, LLC

su b mits that they will en sur e that the DJ I Pha n tom 3 UAS is in an air worth y condition, p r ior

to every f

light, by det ermining that the UAS is in compliance with the o p erating

d o cuments (i.e., Monthly Maintenance Log

, and DJ I Phantom 3 Instruction Man ual), and that

the aircraft is in a condition for safe flight.6

SWAY THE CROWD, LLC also seeks an exemption from the req uir emen ts of Section 91 .1 21

, entitled Altimeter S

ettings

, as the DJ I Phantom 3 UAS will n ot have a ty pical barometric

altimeter o nboard. However, altitude information o f the DJ I Phan tom 3 UAS will be provided to

th e PI C via Global Positioning Sy stem ( GPS) equ ipment and radio communications

telemetry d ata link, which downlinks fro m the UA to the GCS for active monitoring o f the flig ht

p ath. This altitude information, comb ined with The AL TEK MEDIA GROUP ’s o p eration

o f the DJ I Phantom 3 UAS within visual line o f sight, at o r b elow 400 feet AGL, will

ensure a level o f safet y equivalent to Sectio n 9 1

. 1 2 1.

Additionally

, SWAY THE CROWD, LLC seeks an exemp tion from the requirements of

Section 9 1.151(b), entitled Fuel requirements for flight in VFR conditions

. SWAY THE

CROWD, LLC sub mits that safety w ill n o t be affected b y o peration of the DJ I Phan tom 3 UAS

d uring d ay light hours in visu al meteorological conditio n s (VMC) un der visu al flight r u les

( VFR), with enough b attery pow er to fly f o r a total du ration o f approximately 23 minutes

. B attery pow er in d icators are also able to show exactly ho w much battery po wer is left, as

well as h ow much time is needed to return safel y back to po int of take off.

I n accordance with 14 C.F.R. § 11.81, SWAY THE CROWD, LLC p r o vides the f o llowing

information in support of its petition for exemption:

**A. Name And Address Of The Petitioner.** 

The name and address of the Petitioner and point of contact is:

B rian Grady

Producer

Sway the Crowd, LLC

1 22 E Main St, Ste 300 Columbus, OH 43215

6 14-655-7929

p roductions@swaythecr owd.com7

**B**

**. T**  **he Specif** 

**ic Sections**  **Of 14**  **C.F.R. From**  **Which** SWAY THE CROWD, LLC **Seeks**

**E x**  **emption.**

**1.** SWAY THE CROWD, LLC **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) prescribe the following, in relevant part:

(a) No person who holds a private pilot certificate may a ct as a pilot in command

(PI C) of an aircraft that is carr yi ng passengers or propert y for compensation or hire;

nor may that person, for compensation or hire, act as PI C of an aircraft.

(b) A private pilot may

, for compensation or hire, act as PI C of an aircraft in

connection with an y business or emplo ym ent if

—

(1) The flight is only

incidental to that business or employ ment; and

(2) The aircraft does not carry passengers or property

for compensation or hire.

**2.** SWAY THE CROWD, LLC **Seeks Exemption**  **From The**  **Requirements Of**  **Section**

**9 1.7(a) .** 

Section 91.7, entitled Civil aircraft a irworthiness , subsection (a), states the following:

(a) No person may operate a civil aircraft unless it is in an airworthy cond ition

.

**3.** SWAY THE CROWD, LLC **Seeks Ex**  **em ption**  **From The**  **Requirements Of**  **Section**

**91.121.**

Section 91.121, entitled Altimeter settings , subsection (a), states the following, in part:

(a) Each person operating an aircraft shall maintain the cruising altitude or flight level

of that aircraft, as the case may b e, by r eference 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 100 nautical miles of the aircraft;

(ii) If there is no station within the area prescribed in paragraph (a)(1)(i) of

this section, the current reported alti meter setting of an appropriate available

station; or

(iii) In t he case of an aircraft not equipped with a radio, the elevation of the

departure airport or an appropriate altimeter setting available before

departure.8

**4.** SWAY THE CROWD, LLC **Seeks Ex**  **em ption**  **From The**  **Requirements Of**  **Section**

**9 1** 

**. 1**  **5 1**  **(b) .**

Section 91.151, entitled Fuel requiremen ts for flight in VFR conditions , subsection

(b), states the following:

(b ) No person may begin a flight in a rotorcraft under VFR conditions unless

(considerin g 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 after that

for at least 20 minutes.

**5.** SWAY THE CROWD, LLC **Seeks E**  **x empt**  **ion From**  **The Requirement**  **Of Sect**  **ion**

**9 1.405(a) .** 

Section 91.405, entitled Maintenance required

, subsection (a), states the following: Each

owner or operator of an aircraft

—

(a) Shall have that aircraft inspected as prescribed in subpart E of this part and shall

between required inspecti ons, except as provided in paragraph (c) of this section,

have discrepancies repaired as prescribed in part 43 of this chapter[.]

**6.** SWAY THE CROWD, LLC **Seeks Exemption**  **From The**  **Requirements Of**  **Section**

**9 1.407(a) (1)** 

Section 91.407, entitled Operation after maintenance, preventive maintenance,

rebuilding, or alteration

, subsection (a)(1), states the following:

(a) No person may

o perate an y aircraft that has undergone maintenance, preventive

maintenance, rebuilding, or alteration unless

--

(1) It h as be en approved for return to service by a p erson authorized under § 43.7

of this chapter[.]

**7.** SWAY THE CROWD, LLC **Seeks Ex**  **em ption**  **From The**  **Requirements Of**  **Sections**

**9 1.409(a) (1) And**  **91.409(a) (2) .**

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

(a) Except as provided in paragraph (c) of this section, no person may o perate an

aircraft unless, within the preceding 12 calendar months, it has had

--

(1) An annual inspection in accordance with part 43 of this chapter and has been

app roved for return to service by a person authorized by

§ 43.7 of this chapter; or

(2) An inspection for the issuance of an airworthiness certificate in accordance

with part 21 of this chapter.9

**8.** SWAY THE CROWD, LLC **Seeks Ex**  **em ption**  **From The**  **Requirement s**  **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:

(1) Records of the maintenance, preventive maintenance, and alteration and

records of the 100

- hour, annual, progressive, and other required or approved

inspections, as appropriate, for each aircraft (including the airframe) and each

engine, propeller, rotor, and appliance of an aircraft. The records must include

--

(i) A description (or reference to data acceptable to the Administrator) of the

work performed; and

(ii) The date of completion of the work performed; and

(iii) The signature, and certificate number of the person approving the aircraft

for return to service.

(2) Records containing the following information:

(i) The total time in service of the airframe, each engine, each propeller, and

each rotor.

(ii) The current status of life

- limited parts of each airframe, engine, propeller,

rotor, and applianc e.

(iii) The time since last overhaul of all items installed on the aircraft which

are required to be overhauled on a specified time basis.

(iv) The current inspection status of the aircraft, including the time since the

last inspection required by t he i nspection program under which the aircraft

and its appliances are maintained.

(v) The current status of applicable airworthiness directives (AD) and safety

directives including, for each, the method of compliance, the AD or safety

directive number and rev ision date. If the AD or safet y directive involves

recurring action, the time and date when the next action is required.

(vi) Copies of the forms prescribed by § 4 3.9(d) of this chapter for each

major alteration to the airframe and currentl y installed engines, rotors,

propellers, and appliances.10 (b) The owner or operator shall retain the following 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 o ther work or for 1 ye ar after the work is

performed.

(2) The records specified in paragraph (a)(2) of this section sh all be retained and

transferred with the aircraft at the time the aircraft is sold.

(3) A list of defects furnished to a registered owner or operator under § 43.11 of

this chapter shall be retained until the defects are repaired and the aircraft is

approved for return to service.

**C. T**  **he E**  **x tent Of Relief**  SWAY THE CROWD, LLC **Seeks And T he Reason**  SW AY THE

CROWD, LLC **Seeks The Relief.** 

**1. E**  **x t**  **ent Of**  **Relief** SWAY THE CROWD, LLC **Seeks And**  **The Reason**  SWAY THE

CROWD, LLC **Seeks Relief From Sectio n 6**  **1. 11**  **3( a)**  **And (b)** 

**.**

R elief f r o m Section 61.113(a) and (b ) en titled Private pilo t p rivileges and limitations: Pilot in

command

, is r equested to the extent n ecessary t o allow a PI C h o lding a pr ivate pilot o r h igher

level certificate, as well as a current an d v alid airman med ical certificate, and who has met

cer tain flight

- h o u r and currency r equiremen ts, to conduct the proposed UAS flight operations for

compensation or hire.

This relief is r equested since the limitations set f o rth in Section 6 1

. 1 1 3 ( a) and (b ) state that a

p r ivate p ilot may

, f

o r compensation o r hire, act as PI C of an aircraft in connec tion with an y

business o r employ

ment if : (1 ) The flight is onl y incidental to that bu siness or employ ment; and

(2) The aircraft does not carry passenger s or property for co mpensation or hire.

As set f o r th more full y b elow, SWAY THE CROWD, LLC submits th at an equ ivalent level o f

safet y will b e maintained because no PI C will be allowed to o p erate the DJI P hantom 3 UAS

unless that PI C has met certain flight -h ou r and currency r equirements, demonstrating that the

PI C is able to safel y o per ate either the DJ I Ph an tom 3 UAS in a manner consistent with the

o p erations specifications as described in this exemption, including evasive and emergency

maneuvers, as well as maintaining appropriate distances from people, v essels, v ehicles and

structures.

Further, SWAY THE C ROWD, LLC submits that all f lig h ts of the DJ I Phan tom 3 UAS

, conducted by t he PI C p u rsu ant to the gr ant o f this Petition: (1 ) will be incidental to SWAY THE

C ROWD, LLC ’s b usiness; and (2 ) will n ot carry p asseng ers or property fo r compensation or

hire.11

**2. E**  **x t**  **ent Of**  **Relief** SWAY THE CROWD, LLC **Seeks And**  **The Reason**  SWAY THE

CROWD, LLC **Seeks Relief From Sectio n**  **9 1.**  **7( a)** 

**.**

R elief f r o m Section 9 1

. 7 ( a) entitled C ivil a ircraft airworthiness

, is requ ested to the ex tent

r equired to allow SWAY THE CROWD, LLC to d etermine that the DJ I Phantom 3 UAS are in

air wo r th y co ndition prior to every f light by e nsu r ing that the UAS is in compliance with the

o perating d ocuments (i.e., SWAY THE CROWD, LLC Aerial Operation s Man u al, Monthly

Maintenance Lo g, and DJI Ph anto m 3 In stru ction Manual).

SWAY THE CROWD, LLC seeks the requested r elief because the DJ I Phan tom 3 UAS d o n o t

r equire an airworthiness certificate in accordance with 14 C.F.R. Part 21, Sub p art H. Therefore,

SWAY THE CROWD, LLC will ensu re that the DJI P hantom 3 UAS are in airworth y

condition based upon its compliance with the o p erating documents (i.e., Month ly M aintenan ce

Lo g, and DJ I Phantom 3) p r ior to every f lig h t, and further, determine that the aircraft are in

condition for safe flight, as stat ed in the conditions and limitations below.

**3. E**  **x t**  **ent Of**  **Relief** SWAY THE CROWD, LLC **Seeks And**  **The Reaso**  **n** SWAY THE

CROWD, LLC **Seeks Relief From Section 9**  **1 .121.** 

Relief f r o m Section 9 1

. 121, entitled Altimeter settings

, may be r equired to allow f ligh t

o p erations o f the DJ I Phan tom 3 UAS, which u tilize a b arometric pr essure sensor, GPS

equipment, and a r adio communications telemetry da ta link to do wnlink altitude information

from the UA to the PI C at the g r o u n d control s tation (GCS)

. Since the FAA r equires that an y

altitude information concernin g UAS o p erations be repo rted to air traffic control ( ATC ) in f eet

above g r o u n d level ( AGL), SWAY THE CROWD, LLC seeks the requested r elief b ecause the

DJI Ph antom 3 UA’s altimete r may b e set on the g r ound to zero f eet AGL, rather than the local

barometric pressure or field altitude, before each flight.

C onsidering th e limited altitude o f the p r o p osed op erations, r elief from 14 CFR 91.121 is sought

to the extent necessary to compl y with the applicable conditions and limitations stated below. As

more fully s et f

o r th h erein, an equivalent lev el o f safet y will be maintained since the DJ I

Ph antom 3 UAS is equipped with a b arometric p r essure sensor and GPS equipment, which

automaticall y ensures that a gr ou nd level pr essure setting will be estab lished p r ior to each flig ht,

an d provides the PIC with altitude information of the UA on the hea ds -u p display of th e GC S.

**4. E**  **x t**  **ent Of**  **Relief** SWAY THE CROWD, LLC **Seeks And**  **The Reaso**  **n** SWAY THE

CROWD, LLC **Seeks Relief From Section 9**  **1 .151(b)** 

**.**

R elief fro m Section 9 1.151(b) entitled Fuel requirements for flight in VFR conditions

, is

r equested to the extent requ ired to allo w flights o f the b attery po wered DJI Phantom 3 UAS

d u ring d ay light h o urs in visual meteorological conditio n s (VMC), un der visual f lig h t r ules

( VFR), f o r a to tal d

u r ation of 23 minutes. SWAY THE CROWD, LLC seeks the requested

r elief because without an exemption from Section 91.151(b), the flight time du ration o f the12

b attery po we r ed DJ I Ph antom 3 UAS will severely con strain the pr acticality o f an y aerial v ideo

o r still photo flight o p erations that SWAY THE CROWD, LLC proposes to conduct p ursuant to

this Petition.

Significantl y, as set forth below, the technical specifications of the DJ I Phan tom 3 UAS

, the DJ I

Ph antom 3 o p erating d o cuments, and SWAY THE CROWD, LLC ’s p r o p osed operating

limitations, ensure that SWAY THE CROWD, LLC will safely ope rate the battery pow ered

DJI Phantom 3 UAS during d ay light hours in v isu al meteorol ogical conditions ( VMC), un der

v isu al f light rules (VFR), with enough battery power to fly fo r a total duration of 23 min u tes

.

**5. E**  **x t**  **ent Of**  **Relief** SWAY THE CROWD, LLC **Seeks And**  **The Reaso**  **n** SWAY THE

CROWD, LLC **Seeks Relief**  **From Sections**  **91 .4**  **05 (a**  **)**

**, 9**  **1**

**. 407(a)**  **( 1**  **)**

**, 91.409(a)**  **( 1**  **) &**  **( a**  **) (**  **2 )** 

**, And 91.417(a**  **) &**  **(b)**

**.**

Sin ce Sections 91.405(a), 9 1.407(a)(1), 9 1

. 4 0 9 ( a)(1) & (a)(2), and 91.417(a) & (b) only apply t o

aircraft with an airworthiness certificate, SWAY THE CROWD, LLC requests r elief f r o m

th ese Sections b ecause the DJ I Phantom 3 UAS do es n o t require airworthiness certificates. As

set forth mo r e full y b elow, the DJ I Phantom 3 UAS meet s the conditio n s o f FMRA Section

333 f o r operation without an airworthiness cer tificate

. Accordingl y, SWAY THE CROWD,

LLC will u se tr ain ed technicians to p erform maintenance, alterations, or preventive

maintenance on th e UAS using the methods, tech niq ues, and p ractices p rescr ibed in the UAS

o p erating d o cuments ( i.e., the SWAY THE CROWD, LLC Aerial Operations Man u al,

Monthly M aintenance Lo g, and DJI P hantom 3 I n struction Manual). Furthermore,

SWAY THE CROWD, LLC will document and maintain all maintenance records for the DJ I

Ph antom 3 UAS

.

**D. The**  **Reasons W**  **hy Granting**  SWAY THE CROWD, LL C **Request Would**  **Be In**  **The**

**Public Interest; That Is, How It Would Benefit The Public As A Whole.**

Granting th e present Petition will further the public interest by a llowing SWAY THE

CROWD, LLC to safely

, ef f iciently

, and eco nomically p erform aerial vid eo and

p h o tograph y o f co n str

u ctio n sites, real estate, events and civic landscape over certain areas of the

United States.

Additionally

, u se o f the DJ I Phan tom 3 UAS will decrease congestion o f the NAS, red u ce

p ollution, and p rovide signi ficant benefits to the econom y. Notab l y, the ben efits of SWAY THE

C R OWD, LLC ’s proposed o p eration o f the DJI P hantom 3 UAS will be realized witho ut

implicating an y privacy issues.

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

The DJI P hantom 3 UAS is b attery pow er ed and serve as a safe, efficient, and economical

alternative to the manned aircraf t tr aditionally u tilized to obtain ae rial imagery

. B y r educing the13

amount o f manned aircraft needed to perform aerial acquisitio ns, an exem p tion allowing the u se

o f a DJ I Phantom 3 UAS would reduce the amount of manned aircraft in the NAS, r educe no ise

and air pollution, as well as increase the safet y of life and propert y in the air and on the ground.

Fu rthermore, b y r edu cin g the n u mber o f mann ed aircraft operating in the NAS, con gestion

around airports caused by a rr ivin g and d eparting aircr af t will be r educed. The DJ I Phantom 3

UAS do n ot require an airport to takeoff o r land. Li kewise, a red u ction o f manned aircraft

conducting aerial v ideo and photograph y missio n s would resu lt in fewer aircraft that must be

h andled by a ir traffic control during the ground, takeoff, dep arture, arrival, and landin g p h ases of

flight operations.

**2**

**. T**  **he Public Will Benefit From The Safety And Efficiency Of The D**  **JI Phantom 3**  **UAS.**

Conducting aerial acquisitions with the DJ I Phan tom 3 UAS, instead o f mann ed aircraft, will

g r eatl y benefit the public by dr astically r educing the levels o f air and n o ise po llution g enerated

d u r in g traditional aerial video and still p h o tography flight op erations. By usi n g b attery pow er

and electric mo tors, the DJI P hantom 3 UAS p r o duce s no air pollution, and is the most

v iable en v ironmentally c onscious alternative to the cabin class, six cy linder int ernal comb u stion

en g in e aircraft that are ty p ically utilized for aerial v ideo and ph otograph y, while b u r n ing

approximately 20-30 g allo ns per h o u r o f leaded aviation fu el. The DJ I Phan tom 3 UAS

, wh ile reducing th e carbon footprint of aer ial acq uisitio ns, al so eliminates no ise po llution, as the

UAS ar e propelled by battery powered electric motors, rather than an internal combustion engine.

B y us ing th e DJ I Phantom 3 UAS to perform aerial acqu isitions, the substantial risk to life and

p r opert y in the air and on the ground, wh ich is usually associated with traditional manned aircraft

f lig h t operations, will be substantially r educed or co mpletel y eliminated. Aside from the lack o f

f lig h t crew members lo cated onboard the aircraft, the DJ I Phantom 3 UAS (weighing

ap p r ox imately 2.8 pound s at its maximum gr oss weight with d iag o n al d imension o f 2 3

. 2

inches

, and with no f

u el on board), has less ph ysical potential fo r collateral damage to lif e and

p r opert y on the ground, and in the air, comp ared to the manned aircraft that ty pically c onduct

similar o perations (weighing approximately 6, 0 0 0 p ounds with a wing span o f approximately 42

feet, a len g th o f 34 feet, and a fuel capacit y o f 1 8 0 g allons).

**3**

**. Perfo**  **rming Aerial Video and Photography Operations With The DJI Phantom**  **3 UAS** 

**W ill Benefit The Economy.** 

In a ddition to being saf e and efficient, the DJI P hantom 3 UAS is also an economical

alternative to u sing manned air craft to conduct similar aerial op erations. As such, o p eration o f

the DJI P hantom 3 UAS will allow United States based companies, lik e SWAY THE

C R OWD, LLC

, to remain co mpetitive and contribute to growth of the U.S. economy

. Specificall y, with the r ising cost o f aviation f u el and th e Env ironmental Protection Agency

( “EPA”) regulatory actio n s p h asing o u t leade d aviation f u els, U.S. o wned and op erated

companies must adopt n ew and alternative technology i n order to remain competitive.

Operating th e battery pow ered DJ I Phantom 3 UAS is o ne such technology t hat n o t o n ly

a llows companies g reater operational14

flexibil ity c ompared to manned aircraft, b u t provides such flexibility w ithout the high

operational cost of a traditional manned aircraft.

B y ope r ating the DJ I Phantom 3 UAS, companies such as SWAY THE CR OWD, LLC

, can

remain competitive and profitable, and ther ef o r e, provide g r eater job stability t o emp loy ees and

contractors, which will ultimately c ontribute to growth o f the U.S. economy. Improved financial

p erformance o f U. S. co mp anies, through commercial use o f the DJ I Phan tom 3 UAS, p r o v ides a

stable work forc e that in creases consumer spending; improves local, state, and federal tax

r evenues; and allows companies to invest in research and development in or der to remain

competitive both in the United States and abroad.

**4. There Are No Privacy Issues.** 

Similar to the man n ed aerial acquisition f lig h t op erations that have been conducted fo r d ecades,

SWAY THE CROWD, LLC ’s p r o posed o peration of the DJ I Phantom 3 UAS will not

implicate an y pri v acy i ssues. Specifically

, the DJI P hantom 3 UAS will be operated only i n

compliance with o p erating d ocuments ( i.e.

, SWAY THE CR OWD, LLC Aerial Operations

Manual, Monthly M ain tenance Lo g, and DJ I Phantom 3 I n str u ction Man u al) which r equires

p r opert y o wner in volvement as well as local law enforcement notification, and in accordance

with the Fed eral Aviation Reg ulatio ns, including the min imum altitude requirements of 14

C.F.R. § 91.119.

**E**

**. T**  **he Reasons**  **W hy**  **Granting The**  **Exemption Would**  **Not Adversely**  **Affect Safety,**  **Or**

**How The**  **Exemption Would**  **Provide A**  **L evel**  **Of Safety**  **At Lea**  **st Equal**  **T o**  **That Provided** 

**B y**  **The Rule From Which** SWAY THE CROWD, LLC **Seeks Exemption.**

**1. Reasons**  **W hy**  **The DJI**  **Phantom 3**  **UA S**  **Meet The**  **Conditions Of**  **The FAA** 

**Modernization and Reform Act of 2012 (FMRA) Section 333.** 

I n co n sider ation o f the size, weight, speed, and limited o p erating area associated with the

u nmanned aircraft an d its operation, SWAY THE CROWD, LLC ’s o p er ation of the DJ I

Phantom 3 UAS meet s the conditions of FMRA Section 333, and will not require an

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

Section 333 p rovides authority f or a UAS to o p erate without airworthiness certification and sets

f o rth requirements for considering whether a UAS will create a hazard to users of the NAS or the

p u b lic, or ot h erwise pose a threat to national security

. Sp ecificall y

, FMRA Section 333 states the

following, in part:

(a) In General.

-- Notwithstanding any other requirement of this subtitle, and not later

than 180 days after the date of enactment of this Act, the Secretary of Transportation

shall determine if certain unmanned aircraft systems may operate safely in the

nat ional airspace system before completion of the plan and rulemaking required by

section 332 of this Act or the guidance required by section 334 of this Act.15 (b ) Assessment of Unmanned Aircraft Systems.

-- In making the determination under

subsection (a), the Secretary shall determine, at a minimum

--

(1 ) which types of unmanned aircraft systems, 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 Stat es

Code, is required for the operation of unmanned aircraft systems identified

under paragraph (1).

(c) Requirements for Safe Operation.

-- If the Secretary determines under this section

that certain unmanned aircraft systems may operate safely in the natio nal airspace

system, the Secretary shall establish requirements for the safe operation of such

aircraft systems in the national airspace system.

I n seeking th is exemption, SWAY THE CROWD, LLC submits that the DJ I Phan tom 3 UAS

can operate safely i n th e NAS p u rsuant to FMR A Section 333, as d emonstrated by : (a) the

characteristics o f th e DJI Phan tom 3 UAS ; (b ) the pilo t certification requ irement; and (c) the

sp ecific operating limitations.

**a**

**. The Specifications Of The**  **DJI Phantom 3 UAS**  **Demonstrate Its Safe Characteristics.** 

The DJ I Phantom 3 UAS doe s n o t create a hazard to users o f the NAS or the public, or o therwise

p ose a threat to national securit y considering its size, weight, speed, and operational capab ility.

**i. Technical Specifications Of The**  **DJI Pha**  **ntom 3 U**  **AS**

**.**

The technical specifications of the DJI P hantom 3 UAS are set f o r th by t he DJ I Phantom 3 Use r

Manual

, att ached hereto as Appendix A

.

**ii. The DJI Phantom 3 UAS**  **Global Positioning Modes Enable The UAS To Remain** 

**Within A Defined Operational Area.** 

The DJ I Phantom 3 UAS may be operated in both manual and global positioning flight modes. A

complete description of the flight and navigational modes of the DJ I Phantom 3 UAS is provided

at pages 11 of the DJ I Phantom 3 User Manual attached hereto as Appendix A

.

**iii. The DJI Phantom 3 UAS**  **Are Designed For Automatic Return To Home Point**

**Or Hover In The Event Of Loss Of The Control Link Or Navigation.**

When the Control Li nk is lost, the DJI P hantom 3 UAS will remain stationary

, in flight, for 3

secon ds or more. If, after 3 seconds, the DJ I Phantom 3 UAS do es not reacquire control link data

from the GCS, the UAS will assume that the Control Li nk is lost and the will return to the home

position (i.e., failsafe mode) via GPS, and will descend to the take off position and shutdown.16

A complete description of the Failsaf e Functions o f the DJ I Phantom 3 UAS are set f o r th at

p ages 12 through 14 of the D J I P h antom 3 User Manu al, attached h ereto as Appendix A

.

**iv. T**  **he DJI Phantom 3**  **GCS And Its Operation.**

A complete description of the o p eration and specifications o f the DJI P han tom 3 GCS and flig ht

control software is p rovided at p ages 23 thr ou gh 29 of the DJ I Ph an tom 3 User Manual. DJ I

Ph antom 3 User Man ual is att ached hereto as Appendix A

.

**b. Flight Op**  **erations Of DJ**  **I Phantom 3 UAS Is**  **Limited To The L ine Of Sight Of A** 

**Certificated Pilo t**  **in Command Wit h**  **A Safety Observer.**

SWAY THE CROWD, LLC v ideo production staff will be the only person s to act as a pilo t in

co mmand (PI C) o f the DJI P hantom 3 UAS

. Add itionally

, a safety o bserver will assist him at all

times during flight time.

**c. Flights Of D**  **JI Phantom 3 UAS Will Be Conducted Pursuant To Specific Operating** 

**Lim itations.** 

In seeking this exemption, SWAY THE CROWD, LLC p r oposes to co mmerciall y operate DJ I

Phantom 3 UAS for the special p urpose of co nd ucting aerial video and photograph y over certain

areas of United States, pursuant to the following specific operating limitations.

1. Operations authorized by t his grant of exemption will be limited to the f ollowing

aircraft described in the operating documents, rotorcraft UAS weighing less than 55

pounds maximum gross weight: DJ I Phantom 3 Unmanned Aircraft Sy stems.

Proposed operations of any o ther 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 photograph y.

3. The UA S may

not be flown at an indicated airspeed exceeding 20 knots.

4. The UA must be operated at an altitude of no more than 4 00 feet above ground level

(AGL), as indicated by

t he procedures specified in the operating documents unless a

special request is made and approved by A TC. All altitudes reported to ATC must be

in feet AGL.

5. The UAS must be operated within v isual line of sight (VLOS) of the PI C at all

times. This requires the PI C to be able to use human vision unaided by a ny d evice

other than corrective lenses, as specified on the PI C’s FAA -issued airman medical

certificate.

6. The use of first person view ( FPV) by t he PI C or safet y observer (SO) is not

permitted.17 7. All operations must utilize a safety o bserver (SO). The SO may b e used to satisfy

the VLOS requirement as long as the PI C a lway s maintains VLOS capability . T he SO

and PI C must be able to communi cate verball y at all times. Electronic messaging or

texting is not permitted during flight operations. The PI C must be designated before

the flight and cannot transfer his or her designation for the duration of the flight. The

PI C must ensure that the SO c an perform the functions prescribed in the operating

documents.

8. The SO must not perform any other duties beyond assisting the PI C with seeing and

avoiding other air traffic and other ground based obstacles/obstructions and is not

permitted to operate t he camera or other instruments.

9. The operating documents and the grant of exemption must be accessible during

UAS operations and made available to the Administrator upon request. If a

discrepancy

e xists between the conditions and limitations contained in the grant of

exemption and the procedures outlined in the operating documents, the conditions and

limitations contained in the grant of exemption take precedence and must be followed.

Otherwise, the operator must follow the procedures as outlined in its operating

documents. The operator may u pdate or revise its operating documents. It i s 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 ex tension or amendment to the grant of

exemption. If the operator determines that an y update or revision would affect the

basis upon which the FAA granted the exemption, then the operator must petition for

amendmen t to its grant of exemption. The FAA’s UAS Integration Office (AFS

- 80)

may b e contacted if questions arise regarding updates or revisions to the operating

documents.

10. Prior to each flight the PIC must inspect the UAS to ensure that it is in a condition

for safe flight. If the inspection reveals a condition that affects the safe operation of

the UAS, the aircraft is prohibited from operating until the necessary maintenance has

been performed and the UAS is found to be in a condition for safe flight. The Ground

Control Station must be included in the preflight inspection. All maintenance and

alterations must be properly documented in the aircraft records.

11. Any U AS that has undergone maintenance or alterations that affect the UAS

operation or flight cha racteristics, e.g. replacement of a flight critical component,

must undergo a functional test flight. The PI C who conducts the functional test flight

must make an entry

in the aircraft records.

12. The pre

- flight inspection must account for all potential discrepancies, e.g.

inoperable components, items, or equipment, not alread y covered in the relevant

sections of the operating documents.

13. The operator must follow the UAS manufacturer’s aircraft/component,

maintenance, overhaul, replacement, inspection , and life limit requirements.18 14. The operator must carr y out its maintenance, inspections, and record keeping

requirements, in accordance with the operating documents. Maintenance, inspection,

alterations, and status of replacement/overhaul component parts must be noted in the

aircraft records, including total time in service, description of work accomplished,

and the signature of the authorized person returning the UAS to service.

15. Each UAS operated under this exemption must comply w ith all manufact urer

Safety Bulletins.

16. The authorized person must make an entry i n the aircraft record of the corrective

action taken against discrepancies discovered between inspections.

17. The PI C must possess at least a private pilot certificate and at least a c urrent third

class medical certificate.

18. The operator may

n ot permit an y PI C to operate unless the PIC meets the

operator’s qualification criteria and demonstrates the ability t o safel y operate the

UAS in a manner consistent with how the UAS will be o perated under the exemption,

including evasive and emergency m aneuvers 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). Fli ghts for the purposes of

training the operator’s PI Cs are permitted under the terms of the exemption.

However, training operations may o nl y 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 PI C must

operate the UA with appropriate distance from nonparticipants in accordance with 14

C. F.R. § 91.119.

19. UAS operations may

not be conducted during night, as defi ned 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 of operations. Flights under special visual fli ght rules (SVFR) are not

authorized.

20. The UA may

n ot 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 t he operator’s COA. The letter of

agreement with the airport management must be made available to the Administrator

upon request.

21. The UA may

n ot 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 PI C.

22. If the UA loses communications or loses its GPS signal, it must return to a pre

determined location within the planned operating area and lan d or be recovered in

accordance with the operating documents.19 23. The PIC must abort the flight in the event of unpredicted obstacles or emergencies

in accordance with the operating documents.

24. The PI C is prohibited from beginning a flight unless (con sidering wind and

forecast weather conditions) there is enough power to fly a t normal cruising speed to

the intended landing point and land the UA with 25% battery power remaining.

25. The operator must obtain an Air Traffic Organization (ATO) issued Cert ificate 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 Airman

(NOTAM) not more than 72 hours in advance, but not less than 48 hours prior to t he

operation. All operations shall be conducted in accordance with airspace requirements

in the ATO issued COA including class of airspace, altitude level and potential

transponder requirements.

26. All aircraft operated in accordance with the exemption m ust be identified by serial

number, registered in accordance with 14 C.F.R. part 47, and have identification (N

Number) markings in accordance with 14 C.F.R. part 45, Subpart C. Markings must

be as large as practicable.

27. Before conducting operations, the radio frequency s pectrum used for operation

and control of the UA must comply w ith the Federal Communications Commission

(FCC) or other appropriate government oversight agency requirements.

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

to the PI C at the Ground Control Station of the UAS an y time the UAS is operating.

These documents must be made available to the Administrator or any l aw

enforcement official upon request.

29. The UA must remain clear and yi eld the right of way t o all manned aviation

operations and activities at all times.

30. The UAS may

not be operated b y the PIC from any moving device or vehicle.

31. Flight operations must be conducted at least 500 feet from all nonparticipating

persons (persons other than the PI C, SO, operator trainees or essential persons),

vessels, vehicles, and structures unless:

a. Barriers or structures are present that sufficiently p rotect nonparticipating

persons from the UA and/or debris in the event of an accident. The operator

must ensure that nonparticipating persons remain under such protection. If a

situation arises where nonparticipating persons leave such protection and are

within 500 feet of the UA, flight operations must cease immediately and/or;

b. The aircraft is operated near vessels, vehicles or structures where the

owner/controller of such vessels, vehicles or structures has granted permission

and the PI C has made a safety a ssessment of the risk of o perating closer to

those objects and determined that it does not present an undue hazard, and;20 c. Operations nearer to the PI C, SO, operator trainees or essential persons do

not present an undue hazard to those persons per § 91.119(a).

32. All operations shall be conducted over private or controlled

- access property w ith

permission from the land owner/controller or authorized representative. Permission

from land owner/controller or authorized representative will be obtained for each

flight to be conducted.

33. Any i ncident, accident, or flight operation that transgresses the lateral or vertical

boundaries of the operational area as defined by the applicable COA must be reported

to the FAA's UAS Integration Office (AFS

- 80) within 24 hours. Accidents must be

reported to the National Transportation Safety B oard (NTSB) per instructions

contained on the NTSB Web site: www.ntsb.gov.

**2. Reasons**  **W hy**  **An Exemption**  **From The**  **Requirements Of**  **Section 6**  **1**

**. 113(a)**  **And (b)** 

**W o**  **uld Not Adversely Affect Safety.**

SWAY THE C R OWD, LLC submits that the equivalent lev el o f safety established by S ection

6 1

. 1 1 3 ( a) and ( b ) will be maintained because no PIC will be allowed to operate the DJ I Phan tom

3 UAS unless that PI C h as demonstrated, by m eeting minimum flight -h o u r and currency

requ irements, that the PIC is able to safely o p erate the DJ I Phan tom 3 UAS in a manner

consistent with th e exemption, including evasive and emergency m aneuvers and maintaining

appropriate distances from people, vessels, vehicles and structures.

C onsidering SWAY THE C R OWD, LLC ' s p r o p osed ar ea o f op eration s, and the o p erating

limitatio n s set f

o r th -a b ove; the parallel n atu r e of private pilo t aeronautical kn owled ge

requirements to those o f commercial pilo t requirements (Se e Exemption No. 1 1 062); and the

airmansh ip skills n ecessary t o safely o perate the DJ I Phan tom 3 UAS, SWAY THE

CROWD, LLC submits that the ad d itional manned airmanship experience o f a

commercially certificated pilo t would n o t correlate to the airmanship skills n ecessary f or

SWAY THE CROWD LLC ’s specific pro po sed flight operatio ns.

The FAA h as p r eviously gra n ted relief f rom Section 61.113(a) and (b) specific to UAS, in

circumstances similar, in all mater ial r espects, to tho se pr esented herein (e.g. Exemp tion No s.

1 1 062, 11063, 11064, 11065, 1 1066, 11067, 11080, 11109, 11110, 1 11 12 , 11136, 11138, 11150,

11153, 11156, 11158, 11159, 11160, 11161).

SWAY THE C R OWD, LLC will n o t allow an y PI C to o p er ate the DJ I Phantom 3 UAS unless

that PI C h as d emonstrated, b y m eeting min imum flight -h o u r r equir e ments or the DJ I Phantom 3

UAS training and currency r equirements, that the PI C is able to safely operate the DJ I Phantom 3

UAS in a manner consistent with this ex emption, includin g evasive and emergency m an euvers

and maintaining appropriate distances f rom people, vessels, vehicles and structures.

Specificall y, the PIC must have accumulated and logged, in a manner consistent with 14 C.F.R. §

6 1.51(b), 25 hours of total time as a UAS ro torcraft pilot (with a minimum o f 5 h ours o f those21

h o u r s as a UAS pilot operating the same make and model of UAS to be used for operations under

th e ex emption). I n a ddition to the hour r equirements, the PI C must accomplish 3 takeoffs an d

landings in the preceding 90 day s (for currency purposes).

As in Ex emp tion Nos. 1 1062, 11138, and 11153, p r ior d o cu mented flight experience that was

o btained in compliance with applicable regulations will ensu re an equivalent lev el o f safety

d u ring SWAY THE CROWD LLC ’ s p r o p o sed op erations. The Administrator h as h eld that

p r ior d ocumented fl ig ht experience that was o b tained in compliance with applicable regulations

would ensure safe operations, stating as follows:

In Exemption No. 11062, the FAA required that prior to conducting operations for the

purpose of motion picture filming (or similar operations), the PI C 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 hours logged as a UAS pilot with a multi

- rotor

UAS. Prior to operations under Exemption No. 11062, the PI C must also have

accumulated and logged a minimum of 5 hours as a UAS pilot operating the same make

and m odel of UAS to be used for operations under the exemption. For 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 t he

10 hours may

b e included in the total 25 hours of UAS rotorcraft time. In addition to the

hour requirements, the PI C must accomplish 3 takeoffs and landings in the preceding 90

day s (for currency

p urposes). The FAA finds that at a minimum, the flight -ho ur

requirements in Exemption No. 11062 are appropriate to practice and build proficiency in

the skills necessary

t o safely c onduct the petitioner’s proposed operations. The FAA also

finds that prior documented flight experience that was obtained in complia nce with

applicable regulations would satisfy t his 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 -b uilding

flights the PI C is required to operate the UA with appropriate distances in accordance

with 14 C.F.R 91.119.

Exemption No. 11 138 at page 15.

Accordingl y, SWAY THE CROWD, LLC will ensure safe operations by not allowing an y PI C to

o p erate the DJ I Phantom 3 UAS unless that PI C has demonstrated, by m eeting minimum

f light -h o u r and currency requirements, that the PIC is able to safely op erate the DJ I Phantom 3

UAS in a manner consistent with the exemption, including evasive and emergency m aneuvers

and maintaini ng appropriate distances from people, vessels, vehicles and structures.

**3. Reasons**  **W hy**  **An Exemption**  **From The**  **Requirements Of**  **Section 91.7(a)**  **Would Not** 

**Adversely Affect Safety.**22

The equivalent level o f safet y established by Se ction 91.7(a) will be maintained b ecause prior to

every f light, SWAY THE CROWD, LLC will ensure that the DJ I Phan tom 3 UAS is in an

airworth y condition b ased upon the UAS’s complia nce with its o p erating documents and as

stated in the conditions and limitations herein.

Additionally

, the FAA has previousl y g r anted r elief from Section 9 1

. 7 ( a) specific to UAS, in

circumstances similar, in all material r espects, to tho se pr esented herei n (e.g. Exemption Nos.

1 1062, 11063, 11064, 11065, 11066, 11067, 1 10 80, 11109, 11110, 11112, 11136, 11138

, 11 150,

11153, 11156, 11157, 11158, 11159, 11160, 11161).

**4. Reasons**  **W hy**  **An Ex**  **emption Fro**  **m The**  **Requirements Of**  **Section 91.121**  **Wo uld**  **Not**

**Adversely Af**

**fect Safety.**

The eq uivalent lev el o f safet y established by S ection 91.121 will be maintained because the

altitude information o f the DJ I Phantom 3 UAS will be pr ovided to the PIC via GPS equipment

an d a r adio communications telemetry d ata lin k

, which do wnl in k s from the UA to the GCS for

active mo nitoring o f the f lig h t p ath and altitude. This altitude inf ormatio n, comb ined with

SWAY THE CROWD, LLC ’s o p eration o f the DJ I Phantom 3 UAS within visu al lin e o f sight,

at o r b elo w 500 f

eet AGL, will ensure a leve l of saf ety e quivalent to Section 91.121. The

altitude information will be g enerated by G PS equipment installed on boar d the aircraft. Prior

to each flight, a zero altitude initiation point is automatically established b y the UAS at g ro und

level.

The FAA has p reviously granted r elief f rom Section 91.121 specific to UAS, in circumstances

similar, in all mater ial respects, to those presented herein (e.g. Exemp tion Nos. 11062, 11 06 3,

1 1064, 11065, 11066, 11067, 11080, 11109, 11112, 11136, 11138, 111 5 0

, 1 1153, 11156, 11157,

11158, 11159, 11160, 11161).

**5. R**  **easons W**  **hy An**  **Exemption From**  **The Requirements**  **Of Section**  **91 .1**  **51 (b)**  **Would**

**No t**  **Adversely Affect Safety.**

A g r an t o f th is ex emption would ensure an equivalent level o f safety established b y 14 C.F.R.

Section 91.15 1(b) as a result o f (1) the tech nical specifications o f the DJI Phan tom 3 UAS ; (2 )

th e limitation s on the p r oposed flight operations; and (3 ) the location o f the p roposed flig ht

o p erations. Accordingly

, SWAY THE C R OWD, LLC will ensu re that it will safe ly o p erate the

b attery pow ered DJ I Ph anto m 3 UAS d u r ing day lig ht hours in VFR co nditions, with enough

b attery power to fly for a total duration of 23 minutes.

Here, as in Ex emp tio n No. 11109, the technical specifications of the DJI Phantom 3 UAS ; the

limi tatio n s o n the proposed f lig h t op erations; and the location o f the p r o p o sed op erations, will

ensure an equivalent level o f safety established b y 14 C.F.R. Section 9 1

. 1 5 1 (b). Furthermore,

safet y will be ensured as the DJI Phantom 3 UAS pr ovide audible an d v isual warnings to the PI C

at th e GC S when th e UAS experiences low b attery vol tage, the f irst warning occur

rin g at

ap p r ox imately 33 % remaining battery p o wer, and again at approximately 10% remaining battery23

p ower. At th e critically low battery l evel, the DJ I Phantom 3 UAS will descend and land

automatically

.

Significantl y

, p revious exemptions granted by t he FAA concerning Section 91.151 establish that

safet y is not adversel y af

f ected when the technical characteristics and op erating limitatio ns of the

UAS are considered. Relief has been g r anted fo r mann ed aircr aft to o p erate at less than the

min imums p r escribed in Section 91.151, includin g Exemption Nos. 2689, 5745, and 10650.

Mor eover, the FAA has previously gr anted r elief from Section 91.151 specific to UAS, in

circumstances similar, in all material respects, to those pr esented herein (e. g. Exemption Nos.

8811, 10808, 10673, 1 104 2, 11062, 11063, 11 06 4, 11065, 11066, 11067, 11080, 11109, 11110,

11136, 11138, 11150, 11153, 11156, 11157, 11158, 11159, 11160, 11161).

**6. Reasons**  **W hy**  **An Exemption**  **From The**  **Requireme nts**  **Of Sections** 

**9 1.405(a) ,**  **9 1** 

**. 407(a) (1) ,**  **9 1** 

**. 4**  **09(a) (1) &**  **(a ) (**  **2) , And**  **91.417(a) &**  **( b)**  **Would Not**  **Adv ersely** 

**Af f**  **ect Safety.** 

I n seeking this exemption, SWAY THE CROWD, LLC submits that the equ ivalent level of

safet y with r egard to th e r egulatory m aintenance and alteration requirements established by

Sections 91.405 ( a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 9 1 .417(a) & (b) will be met becau se

SWAY THE CROWD, LLC will u se trained technicians to p erform maintenance, alterations, o r

p reventive maintenance on the UAS usin g the methods, techn iques, and p r actices pr escribed in

th e o p erating d o cuments (i.e., SWAY THE CROWD, LLC Aerial Operations Manual,

Mo n thly M ain tenance Lo g

, and DJ I Phantom 3 Instruction Man ual). Furthermore, SWAY THE

CROWD, LLC will d o cu me nt and maintain all maintenance r ecords for the DJI P hantom 3

UAS.

Since th e DJ I Ph antom 3 UAS will be insp ected as p rescribed by t h e o p erating d o cuments,

SWAY THE CROWD, LLC will maintain the equivalent level o f safety established by

S ections 9 1 .405(a)

, 9 1

. 4 0 9 ( a)(1), and 9 1 .409(a)(2). A copy of the DJ I Phan tom 3 User

Manuals are attached h ereto as Appendix A and B; a cop y of the DJ I Phantom 3 UAS

Main tenance LOG is attached hereto as Appendix C.

Likewise, the exemp tio n sought will n o t adv ersely a ffect safety b ecau se SWAY THE

CROWD, LLC will use trained technicians to perf or m mainten an ce, alterations o r

preventive maintenance on the UAS using the methods, techniques, and p r actices

p rescribed by t he operating d o cuments.

Fu rthermore, th e exemption sought would maintain an equivalent level o f safet y established by

Sections 91.407, 9 1

. 4 1 7 ( a) and 91 .4 17 (b), b ecau se all maintenance o f the DJI P hantom 3 UAS

will be p erfor med b y t r ain ed technicians. Maintenance will be d o cu men te d and maintained

u tilizing the monthly maintenance log.

Significantl y, p r evious ex emptio ns g r anted b y the FAA con cerning Sections 91.405(a),

9 1.407(a)(1), 9 1

. 409(a)(1) & (a)( 2), and 9 1

. 4 1 7 ( a) & (b) establish that safety is n ot adv ersel y

affected when the technical characteristics and operating limitations of the UAS are considered.24

I n consider ation of SWAY THE CROWD, LLC ’s proposed operating limitations, the operating

d ocuments, an d th e technical aspects o f the DJ I Phantom 3 UAS

, SWAY THE CROWD, LLC

sub mits that safety will n o t be adversely a ffected b y g ranting exemp tio n from 14 C.F.R. Sectio n s

9 1

. 4 05(a), 9 1

. 4 0 7(a)(1) and (a)(2), 91.409(a)(2), and 9 1

. 4 1 7 ( a) and (b). The FAA has p r eviousl y

granted relief specific to UAS in circumstances similar, in all material respects, to tho se

p r esented h erein (e.g. Ex emptio n Nos. 11062, 11063, 11064, 11065, 11066, 11067, 11080,

11109, 11110, 11112, 11136, 11138, 11150, 11153, 11156, 11157, 11158, 11159, 11160,

1 1161).

**7**

**. The FAA May**  **Prescribe Any Ot her Conditions Fo**  **r Safe Operation.**

I n accordance with Sectio n 333 o f the FAA Mod ernizatio n and Reform Act o f 2012 (FMRA)

and 14 C.F.R. § 21.16 entitled Sp ecial Conditions, SWAY THE CROWD, LLC requests that

th e FAA prescribe special conditions fo r the intended o p eration o f the DJI Phan tom 3 UAS

, wh ich co ntain such safety s tandards that the Administrator finds n ecessary to establish a lev el of

safet y equivalent to that established by 1 4 C.F.R. Part 21, Subpart H, and 14 C.F.R §§ 6 1

. 1 1 3 ( a)

& ( b )

, 91.7 ( a), 9 1

. 1 2 1

, 9 1.151(b), 91.405(a), 91 .407(a)(1), 9 1

. 4 0 9(a)(1) & (a)(2), and 91.417(a)

& (b). Such special conditions will permit safe o p eration of the UAS fo r the limited pu rp ose of

conducting aerial v id eo and ph oto gr aph y o v er certain areas o f the United States fo r

compensation o r hire. FMRA Section 333 sets f orth the requirements for considering whether a

UAS will cr eate a hazar d to user s o f the NAS or the public, or oth er wise pose a th reat to natio nal

securit y; a nd further, provides the auth ori ty f o r such UAS to o p er ate without airworthiness

certification in accordance with any r equiremen ts that must be established fo r the safe operation

o f th e UAS in the NAS.

Likewise, the Administrator may pre scrib e special conditions p u r suant to 14 C.F.R.

§ 21.16, f

o r o p eration o f the DJ I Phan tom 3 UAS

, since th e airworthiness regulations o f 1 4

C.F.R. Par t 21 d o not co n tain adequate o r appropriate safet y stand ards, du e to the n o v el o r

unusual d esign f

eatures of the aircraft. Section 21.16, entitled Special Co nd ition s

, states the

following:

If the FAA finds that the airworthiness regulations of this subchapter do not contain

adequate or appropriate safet y standards for an aircraft, aircraft engine, or propeller

because of a novel or unusual design feature of t he aircraft, aircraft engine or propeller,

he prescribes special conditions and amendments thereto for the product. The special

conditions are issued in accordance with Part 11 of this chapter and contain such safet y

standards for the aircraft, aircraft en gine or propeller as the FAA finds necessary t o

establish a level of safety equivalent to that established in the regulations.

See 14 C.F.R. § 21.16.

Therefore, in accordance with FMRA Section 333 and 14 C.F.R. § 21.16, the FAA may

prescribe special condi tions for Leading Edge’s intended operation of the DJI P hantom 3 UAS

, which contain such safety s tandards that the Administrator finds necessary to establish a level of

safet y equivalent to that established by 1 4 C.F.R. Part 21, Subpart H, and 14 C.F.R Sec tions25

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 From Which** SWAY THE CROWD, LLC **Seeks Exemption:**

S W AY THE CROWD, LLC seeks exemption from the requirements of 14 C.F.R

Sections 6 1

. 113(a)&(b), 9 1 .7(a), 91.121, 91.151(b), 9 1

. 405(a), 91.407(a)(1),

91.409(a)(1) & (a)(2), a n d 9 1. 41 7( a) & (b).

**A Brief**  **Description Of**  **The Nature**  **Of The**  **E x**  **emption** SWAY THE CROWD, LLC

**Seeks:**

This exemption w ill permit S W AY THE CROWD, LLC to commercially o p erate a n

Unmanned Aircraft S

ystem ( UAS) for the p u rpose of conducting a erial video

and photography over certain areas of the United States.

**• Any**  **Additional Information,**  **Vi ews,**  **Or Arguments**  **Available To**  **Support**

SWAY THE CROWD, LLC **’s Request.** 

This Petition is made pursuant to the FAA Modernization and Reform Act of 2012

( FMRA) Section 333, which d irects the Secretary o f Transpor tation to determine if certain UAS

may o p er ate safely i n th e NAS. As such, SWAY THE CROWD, LLC ’ s r equest for exemption

may be g ranted p u rsuant to the authority of FMRA Section 333 and 1 4 C.F.R. Pa rt 11, as

set f o r th ab o v e.

FMRA Section 333 sets f o r th the requirements fo r considering wheth er a UAS will create a

h azard to users o f the NAS o r the public, o r oth erwise po se a threat to n ational securit y ; a nd

further, provides th e authority for such UA S to operate without airworthiness certification.

As d iscussed in d etail above, SWAY THE CROWD, LLC will o p erate the DJI P hantom 3

UAS safel y in the NAS, without creating a hazard to user s o f the NAS, or the public, or

otherwise pose a threat to national secu r it y.

**CONCLUSION**

As set f o r th h erein, SWAY THE CROWD, LLC seeks an exemption pu rsuant to 14 C.F.R. §

11.61 an d Section 333 o f th e FAA Modernization and R ef o r m Act o f 2 0 1 2 ( FMRA), which will

permit safe o p eration of the DJI P hantom 3 UAS commercial ly

, witho ut an

airworthiness certificate, f or the limited pu rpose o f conducting aer ial v ideo and p h o tography

o v er certain ar eas o f th e United States. By gra n tin g this Petition

, the FAA Administrator

will be f u lfilling th e Congressional man d ate o f the FAA Mod ernizatio n and R eform Act

o f 2012, wh ile also advancing the interests o f the public, by a llowing SWAY THE

CROWD, LLC to safel y, efficientl y, and economically o p erate the DJ I Ph an tom 3 UAS

commercially within the NAS.26

**W HEREFORE** 

, in accordance with the Federal Aviation Regulation s and the FAA

Modernization and R eform Act of 20 12, Section 333, SWAY THE CROWD, LLC respectf ull y

requests that the Administrator g rant this Petition fo r an exemption fro m the requirements o f 1 4

C.F.R Sections 61.113(a) & (b ), 91.7(a), 91.121, 91.151(b), 91.405(a), 9 1

. 4 0 7 ( a) (1),

9 1

. 409(a)(1) & (a)(2), and 91.417(a) & ( b )

, and permit Leading Edge to operate the DJ I Phan tom

3 UAS commercially f

o r the pu rp ose of conducting aerial video and ph otograph y o v er certain

areas of the Unit ed States.

Dated: March 12, 2016

R espectfully submitted,

Brian Grady

Producer

Sway the Crowd, LLC

1 22 E Main St, Ste 300 Columbus, OH 43215

6 14-655-7929

p roductions@swaythecr owd.com

Ap p en d ices :

A

– Li nk to D J I P hantom 3 Manual: C lick on link below

h ttp://download.dji

innovations.com/downloads/phantom_3/en/Phantom_3_Professional_User_Manual_v1

. 2

_ en.pdf27