September 23, 2015
Attn: U.S. Department ofTransportationDocket Operations WestBuilding Ground Floor, Room w12-140 1200NewJersey Ave, SEWashington, DC 20590

RE: Superior Concepts AP LLC REQUEST AN EXEMPTION FROMTHE REQUIREMENTS OF TITLE 14 OF THE CODE OF FEDERAL REGULATIONS 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) CONCERNING COMMERCIAL OPERATION OF DJIPhantom 3 UNMANNED AIRCRAFT SYSTEMS PURSUANT TO SECTION 333 OF THEFAAMODERNIZATION AND REFORM ACT OF 2012 (PUBLIC LAW 112-95)

Keith Stephens President Superior ConceptAP 5111 Keiners LanePittsburgh, Pa. 15205 (412) 279-2084 topshot@verizon.net



### TABLE OF CONTENTS

1

### Page GLOSSARY OF ABBREVIATIONS

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

SUMMARY

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

INTRODUCTIONAND INTERESTS OF PETITIONER.

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

BACKGROUND

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

BASIS FORPETITION

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

NAMEAND ADDRESS OF PETITIONER.

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

THE SPECIFIC SECTIONS OF 14 C.F.R. FROM WHICH THE ORCONCEPT SEEKS EXEMPTION

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

### ?
THEEXTENT OF RELIEF THE SUPERIORCONCEPTAP SEEKS AND THEREASON THE SUPERIORCONCEPT AP SEEKS THE RELIEF

..............................................................10 THEREASONS WHY GRANTING THE SUPERIORCONCEPTAP'S REQUEST WOULD BE IN THE PUBLIC INTEREST

............................................................................................12 THE REASONS WHY GRANTINGTHE EXEMPTION TO THE SUPERIORCONCEPTAP WOULDNOTADVERSELYAFFECT SAFETY

..............................................................14 SUMMARYTHAT CAN BEPUBLISHED IN THE FEDERAL REGISTER.

..................25 ANY ADDITIONAL INFORMATION, VIEWS, ORARGUMENTS AVAILABLE TO SUPPORT THE SUPERIORCONCEPT AP'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 

### VAS VFR VLOS VMC VTOL 

### GLOSSARY OF ABBREVIATIONS Above Ground Level AreaofInterest AirTraffic Control AirTraffic Organization Aerial Vehicle Code ofF ederalRegulations Certificate ofAuthorization FederalAviationAdministration FederalAviationRegulation Ground Control Station GlobalPositioning System Loss ofLink National Airspace System Noticeto Airman Pilot InCommand FAAModernizationandReform Act of2012 (FMRA) Safety Observer Standard OperatingProcedures UnmannedAircraft UnmannedAircraft System Visual FlightRules Visual Line ofSite Visual Meteorological Conditions Vertical Takeoffand Landing

3SUMMARY SUPERIOR CONCEPTS AP 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)(l), 91.409(a)(l) & (a)(2), and 91.417(a) & (b), to operate an Unmanned Aircraft System (DJI Phantom 3) pursuant to Section 333 ofthe FAA Modernization and Reform Act of2012 (FMRA). This exemption will permit SUPERIOR CONCEPTS AP to operate an Unmanned Aircraft System (UAS) for the commercial purpose of conducting aerial video and photography ofconstruction sites, residential and commercial real estate, civil landscapes andevents over certain areas ofthe United States. INTRODUCTION AND INTERESTS OF THE PETITIONER SUPERIOR CONCEPTS is a newly formed company striving to provide clients with exceptional service. Our process begins with understanding what the client needs. We offer various ideas on resolving the issue. From those options we rationally choose the best resource. We provide photos and videos giving a complete perspective enabling you to make a fully informed competent decision. The objective of SUPERIOR CONCEPT AP and our Unmanned Aircraft System (DJI Phantom 3) aerial operations is to provide a more affordable, high-quality production system for a variety of governmental, commercial, public, and residential uses, specificallytargeting

• Building Sites
• Gas and Oil Platforms
• Bridge Inspection
• Real Estate Photos and Videos
• RoofInspections
Superior Concepts has safely flown small RC electric quadcopters recreationally for approximately 1 yearwithout incident. BACKGROUND Unmanned Aircraft Systems: DJI Phantom 3, UAS SUPERIOR CONCEPTS AP seeks an exemption to operate DJI Phantom 3 system for compensation or hire within the NAS. The DJI Phantom 3 is vertical takeoff and landing (VTOL) Unmanned Aircraft (UA) with a Ground Control Station (GCS) utilizing electronic tablet or smart phone systems. The DJI Phantom 3 has a maximum gross weight of approximately 2.8 lb. while having a diagonal dimension of 23.2", a maximum speed of approximately 16.4'fps and a maximum flying height of400'. The DJI Phantom 3 is equipped with four mainrotors; drivenby LithiumPolymerbatterypowered electric motors. The DJI Phantom 3 that will be operated by SUPERIOR CONCEPT AP will be registered in accordance with 49 U.S.C. 44103, Registration of Aircraft, as well as 14 C.F.R Part 47, Aircraft Registration, and marked in accordance with 14 C.F.R. Part 45, Identification andRegistration Marking.

4

### BASIS FOR PETITION Petitioner, The SUPERIOR CONCEPTS AP, pursuant to the provisions ofthe Federal Aviation Regulations (14 C.F.R. § 11.61) and the FAA Modernization and Reform Act of2012 (FMRA), Section 333, 

### Special Rules for Certain Unmanned Aircrqft Systems, hereby petitions the Administratorto commercially operate the DJI Phantom 3, UAS inthe 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)(l), 91.409(a)(l) & (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, SUPERIOR CONCEPT AP operation of DJI Phantom 3 UAS meets the conditions ofFMRA Section 333 and therefore, will not require an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H. Accordingly, SUPERIOR CONCEPTS AP requests relieffrom Sections 91.405(a), 91.407(a)(l), 91.409(a)(1) & (a)(2), and 91.417(a) & (b), as these sections set forth requirements for maintenance that only applyto aircraft with an airworthiness certificate. SUPERIOR CONCEPTS AP submits that the requested reliefis proper since an equivalent level of safety will be ensured. SUPERIOR CONCEPTS AP will use experienced personnel or technicians to perform maintenance, alterations, orpreventive maintenance onthe UAS using the methods, techniques, and practices prescribed in the operating documents (i.e., Monthly Maintenance Log, and DJI Phantom 3 Instruction Manual). Furthermore, The SUPERIOR CONCEPTS AP will document and maintain all maintenance records for the DJI Phantom 3 UAS. Relieffrom certain requirements of Section 61.113(a) and (b), entitled 

### Private pilotprivileges and limitations: Pilot in command, is requested by SUPERIOR CONCEPTS AP to the extent necessaryto allow a Pilot in Command (PIC) holding a private pilot orhigher level certificate, as well as an airman medical certificate, and who has demonstrated, by meeting minimum flighthour and currency requirements, thatthe PIC is able to safely operate the DJI Phantom UAS 

### in a manner consistent with this exemption, including evasive and emergency maneuvers and maintaining appropriate distances from people, vessels, vehicles and structures. SUPERIOR CONCEPTS AP seeks relief from Section 91.7(a), entitled 

### Civil aircraft airworthiness, because the DJI Phantom 3 UAS do not require an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H. As such, SUPERIOR CONCEPTS AP submits that they will ensure that the DJI Phantom 3 UAS is in an airworthy condition, prior to every flight, by determining that the UAS are in compliance with the operating documents (i.e., Monthly Maintenance Log, and DJI Phantom 3 Instruction Manual), and that the aircraft are in a condition for safe flight. SUPERIOR CONCEPTS AP also seeks an exemption from the requirements ofSection 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
5the PIC via Global Positioning System (GPS) equipment and radio communications telemetry datalink, which downlinks from the UAto the GCS for active monitoring ofthe flight path. This altitude information, combined with SUPERIOR CONCEPT AP's operation ofthe DJI Phantom 3 UAS within visual line of sight, at or below 400 feet AGL, will ensure a level of safety equivalentto Section 91.121. Additionally, SUPERIOR CONCEPTS AP seeks an exemption from the requirements ofSection 91.151(b), entitled Fuel requirements forflight in VFR conditions. SUPERIOR CONCEPTS AP 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 power to fly for a total duration ofapproximately 23 minutes. Battery power indicators
are also able to show exactly how much battery power is left, as well as how much time is neededto return safelybackto pointoftake off. In accordance with 14 C.F.R. 

### § 11.81, SUPERIOR CONCEPTS AP provides the following information insupportofitspetitionfor exemption:

A. Name and Address OfThe Petitioner. The name and address ofthePetitionerandpoint ofcontact is: Keith Stephens President SUPERIORCONCEPTS AP 5111 Keiners Lane Pittsburgh,Pa. 15205 (412) 279-2084 topshot@verizon.net

B. The Specific Sections of 14 C.F.R. From Which SUPERIOR CONCEPTS AP Seeks Exemption.

6

### 1. SUPERIOR CONCEPTS AP 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, 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;
nor may 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 oremployment if- (1) The flight is only incidental to thatbusiness oremployment; and (2) The aircraft does not carry passengers orproperty for compensation orhire. 

### 2. SUPERIOR CONCEPTS AP Seeks Exemption From The Requirements Of Section 91.7(a). Section91.7, entitled Civil aircraftairworthiness, subsection (a), statesthe following: (a) Nopersonmay operate a civil aircraftunless it is in an airworthy condition. 

### 3. SUPERIOR CONCEPTS AP Seeks Exemption From The Requirements Of Section 91.121.Section 91.121, entitled Altimeter settings, subsection (a), statesthe following, inpart: (a) Eachperson operating an aircraft shall maintainthe cruising altitude or flight level of that aircraft, as the case may be, by reference to an altimeter that is set, when operating-- (1) Below 18,000 feet MSL, to-- (i) The current reported altimeter setting of a station along the route and within 1 00 nautical miles ofthe aircraft; (ii) Ifthere is no station within the area prescribed in paragraph (a)(l)(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.



### 4. SUPERIOR CONCEPTS AP Seeks Exemption From The Requirements Of Section 91.151(b).

7Section91.151, entitled

### Fuel requirements for flight in VFR conditions, subsection (b), statesthe following: (b) 

### No person may begin aflight 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. SUPERIOR CONCEPTS AP Seeks Exemption From The Requirement Of Section 91.405(a). Section 91.405, entitled

### Maintenance required, subsection (a), states the following: Each
owneroroperator 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 discrepanciesrepairedasprescribedinpart43 ofthis chapter[.] 

### 6. SUPERIOR CONCEPTS AP Seeks Exemption From The Requirements Of Section 91.407(a)(l) Section 91.407, entitled 

### Operation after maintenance, preventive maintenance, rebuilding, oralteration, subsection (a) (1), statesthe following: (a) No person may operate any aircraft that has undergone maintenance, preventive maintenance, rebuilding, oralterationunless-- (1) Ithas been approved for return to service by a person authorized under§ 43.7 ofthis chapter [.] 

### 7. SUPERIOR CONCEPTS AP Seeks Exemption From The Requirements Of Sections 91.409(a)(l)And 91.409(a)(2). Section91.409, entitled

### Inspections, subsection(a), statesthe following: (a) Except as provided in paragraph (c) ofthis section, no person may operate an aircraftunless, withinthepreceding 12 calendarmonths, ithas had-- (1) An annual inspection in accordance with part 43 ofthis chapter and has been approved for returnto servicebya person authorizedby§ 43.7 ofthis chapter; or (2) An inspection for the issuance of an airworthiness certificate in accordance withpart 21 ofthis chapter.

8. SUPERIOR CONCEPTS AP Seeks Exemption From The Requirements Of Sections 91.417(a) And 91.417(b).

8Section 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 shall keep the following records for the periods specified inparagraph (b) ofthis 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 ofanaircraft. The records must include-- (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 certificate number 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
are required to be overhauled on a specified time basis. (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.

(b) The owner or operator shall retain the following records for the periods prescribed:

9

### (1) The records specified in paragraph (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 withthe 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 returnto service.

C. The Extent OfRelief SUPERIOR CONCEPTS AP Seeks And The Reason SUPERIOR CONCEPTAP Seeks TheRelief. 1. Extent Of Relief SUPERIOR CONCEPTS AP Seeks And The Reason SUPERIOR CONCEPTAP 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 currency requirements, 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 not carry passengers orproperty for compensation orhire. As set forth more fully below, SUPERIOR CONCEPTS AP submits that an equivalent level of safety 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 consistent with 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, SUPERIOR CONCEPTS AP submits that all flights of the DJI Phantom 3 UAS, conducted by the PIC pursuant to the grant of this Petition: (1) will be incidental to The SUPERIOR CONCEPTS AP's business; and (2) will not carry passengers or property for compensation orhire.

2. Extent OfRelief SUPERIOR CONCEPTS AP Seeks And The Reason The SUPERIOR CONCEPTAP Seeks ReliefFrom Section91.7(a).

10Relief from Section 91.7(a) entitled 

### Civil aircraft airworthiness, is requested to the extent required to allow The SUPERIOR CONCEPTS AP 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., the SUPERIOR CONCEPTS AP Aerial Operations Manual, MonthlyMaintenance Log, and DJIPhantom 3 InstructionManual). SUPERIOR CONCEPTS AP seeks the requested reliefbecause the DJI Phantom 3 UAS do not require an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H. Therefore, SUPERIOR CONCEPTS AP 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) priorto every flight, and further, determine that the aircraft are incondition for safe flight, as stated inthe conditions and limitations below.

3. Extent OfReliefSUPERIOR CONCEPTS AP Seeks And The Reason The SUPERIOR CONCEPTSAP Seeks ReliefFrom Section 91.121. Relief from Section 91.121, entitled Altimeter settings, may be required to allow flight operations of the DJI Phantom 3 UAS, which utilize a barometric pressure sensor, GPS equipment, and a radio communications telemetry data link to downlink altitude information from the UA to the 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), SUPERIOR CONCEPTS AP seeks the requested reliefbecause the DJI Phantom 3 UA's altimeter may be set onthe ground to zero feet AGL, rather than the local barometricpressure orfield altitude, before each flight. Considering the limited altitude ofthe proposed operations, relieffrom 14 CFR91.121 is sought to the extent necessaryto comply withthe 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 priorto each flight, and providesthe PIC withaltitude information ofthe UA onthe heads-up display ofthe GCS.

4. Extent OfRelief SUPERIOR CONCEPTS AP Seeks And The Reason The SUPERIOR CONCEPTSAP 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 powered DJI Phantom 3 UAS during daylight hours in visual meteorological conditions (VMC), under visual flight rules (VFR), for atotal duration of23 minutes. SUPERIORCONCEPTS AP seeks the requested relief because without an exemption from Section 91.151(b), the flight time duration ofthe battery powered DJI Phantom 3 UAS will severely constrain the practicality ofany aerial video or still photo flight operations that SUPERIOR CONCEPTS AP proposes to conduct pursuant to this Petition.

11Significantly, as set forth below, the technical specifications ofthe DJI Phantom 3 UAS, the DJI Phantom 3 operating documents, and SUPERIOR CONCEPTS AP's proposed operating limitations, ensure that SUPERIOR CONCEPTS AP will safely operate the battery powered 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 of23 minutes.

5. Extent OfRelief SUPERIOR CONCEPTS AP Seeks And The Reason The SUPERIOR CONCEPTS AP Seeks ReliefFrom Sections 91.405(a), 91.407(a)(l), 91.409(a)(l) & (a)(2), And91.417(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, SUPERIOR CONCEPTS AP requests relieffrom 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, SUPERIOR CONCEPTS AP will
use trained technicians to perform maintenance, alterations, or preventive maintenance on the UAS using the methods, techniques, and practices prescribed in the UAS operating documents (i.e., the SUPERIOR CONCEPTS AP Aerial Operations Manual, Monthly Maintenance Log, and DJI Phantom 3 Instruction Manual). Furthermore, SUPERIOR CONCEPTS AP will document andmaintain all maintenance records for the DJI Phantom 3UAS.

D. The Reasons Why Granting SUPERIOR CONCEPTS AP Request Would Be In The PublicInterest; ThatIs, How ItWould BenefitThePublicAs A Whole. Granting the present Petition will further the public interest by allowing SUPERIOR CONCEPTS AP to safely, efficiently, and economicallyperform aerial video andphotography of building sites, gas and oil platforms, bridge inspections, real estate photograph and video and roofinspections over certain 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 ofSUPERIOR CONCEPTS AP's proposed operation of the DJI Phantom 3 UAS will be realized without implicating anyprivacy issues.

1. ThePublicWillBenefitFromDecreased 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 amount ofmanned aircraft needed to perform aerial acquisitions, an exemption allowing the use

12

### ofa DJI Phantom 3 UAS would reduce the amount ofmanned aircraft in the NAS, reduce noise and airpollution, as well as increasethe safety oflife and property 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 handled by airtraffic control during the ground, takeoff, departure, arrival, and landing phases of flight operations.

2. ThePublicWillBenefitFromThe Safety AndEfficiency OfTheDJIPhantom3 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 by battery powered electric motors, ratherthan an internal combustion engine. By using the DJI Phantom 3 UAS to perform aerial acquisitions, the substantial risk to life and property inthe air and onthe ground, which is usually associated withtraditional 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 of34feet, and a fuel capacity of 180 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 SUPERIOR CONCEPTS AP, to remain competitive and contribute to growth of the 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 in order to remain competitive. Operating the battery powered DJI Phantom 3 UAS is one such technology that not only allows companies

13greater operational flexibility compared to manned aircraft, but provides such flexibility without the highoperational cost ofa traditional manned aircraft. By operating the DJI Phantom 3 UAS, companies such as SUPERIOR CONCEPTS AP, 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 3 UAS, 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 competitivebothinthe United States and abroad.

4. ThereAreNo PrivacyIssues. Similar to the manned aerial acquisition flight operations that have been conducted for decades, SUPERIORCONCEPTS AP'sproposed 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., the SUPERIOR CONCEPTS AP Aerial Operations Manual, Monthly Maintenance Log, and DJI Phantom 3 Instruction Manual) which requires property owner involvement as well as local law enforcement notification, and in accordance with the Federal Aviation Regulations, including the minimum altitude requirements of 14 C.F.R. § 91.119. E. The Reasons Why Granting The Exemption Would Not Adversely Affect Safety, Or How The Exemption Would Provide A Level OfSafety At Least Equal To That Provided By TheRuleFromWhich SUPERIORCONCEPTSAP Seeks Exemption. 1. Reasons Why The DJI Phantom 3 UAS Meet The Conditions Of The FAA Modernization andReform Act of2012 (FMRA) Section 333. In consideration of the size, weight, speed, and limited operating area associated with the unmanned aircraft and its operation, SUPERIOR CONCEPTS AP's operation of the DJI Phantom 3 UAS meetthe conditions ofFMRA Section 333, and will notrequire an airworthiness certificate inaccordance with 14 C.F.R. Part 21, SubpartH. Section 333 provides authority for a UAS to operate without airworthiness certification and sets forth requirements for considering whether a UAS will create a hazard to users oftheNAS orthe public, orotherwise pose a threat to national security. Specifically, FMRA Section 333 states the following, inpart: (a) In General--Notwithstandingany other requirement of this subtitle, andnot later than 180 days 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 of thisAct.

14(b) 

### Assessment ofUnmannedAircraft Systems.--In making the determination under subsection (a), the Secretaryshalldetermine, ata minimum-- (1) which types of unmannedaircraft systems, 

### if any, as a result of their size, weight, speed, operational capability, proximity to airports andpopulated areas, andoperation within visual line 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.--lfthe 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, SUPERIOR CONCEPTS AP submits that the DJI Phantom 3 UAS
can operate safely in the NAS pursuant to FMRA Section 333, as demonstrated by: (a) the characteristics ofthe DJI Phantom 3 UAS; (b) the pilot certification requirement; and (c) the specific operating limitations.

a. The Specifications OfTheDJIPhantom 3 UAS DemonstrateIts SafeCharacteristics. The DJI Phantom 3 UAS does notcreate a hazard to users oftheNAS orthepublic, orotherwise pose a threatto national security considering its size, weight, speed, and operational capability. i. Technical Specifications oftheDJIPhantom3 UAS. The technical specifications ofthe DJI Phantom 3 UAS are set forth bythe DJI Phantom 3 User Manual, attachedhereto as Appendix A. ii. TheDJIPhantom3 UAS GlobalPositioningModesEnabletheUAS to Remain within a DefmedOperationalArea. TheDJIPhantom 3 UAS maybe operatedinbothmanual and global positioning flight modes. A complete descriptionofthe flight and navigational modes ofthe DJIPhantom 3 UAS is provided atpages 11 ofthe DJIPhantom 3 UserManual attachedhereto as Appendix A. iii. TheDJIPhantom3 UAS AreDesigned forAutomaticReturntoHomePointor hoverInTheEventOfLoss oftheControlLinkorNavigation. 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 DJIPhantom 3 UAS does notreacquire control link data from the GCS, the UAS will assume thatthe Control Link is lost andthe will return to the home position(i.e., failsafe mode) via GPS, andwill descendtothe takeoffpositionand shutdown.

15A complete description ofthe Failsafe Functions ofthe DJI Phantom 3 UAS are set forth at pages 12 through 14 oftheDJIPhantom 3 UserManual, attachedhereto as Appendix A. iv. TheDJIPhantom3 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 IsLimitedToTheLine OfSight OfA CertificatedPilotinCommandWithA Safety Observer. SUPERIOR CONCEPTS AP 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 OfDJIPhantom3 UASWillBeConductedPursuantTo Specific Operating Limitations. Inseekingthis exemption, SUPERIORCONCEPTS APproposes to commercially operate DJI Phantom 3 UAS forthe specialpurpose ofconducting aerial video andphotography over certain
areas ofUnited States,pursuanttothe following specific operating limitations. 1. Operations authorized by this grant ofexemption 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 of any 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 andphotography. 3. TheUAS maynot be flown atanindicated airspeed exceeding 20knots. 4. The UAmustbe operated at an altitude ofno more than400 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) ofthe 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.

167. 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 not perform any other duties beyond assisting the PIC with seeing and avoiding other air traffic and other ground based obstacles/obstructions and is not permittedto operatethe cameraorotherinstruments. 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 inthe 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. Ifthe 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 must inspectthe UAS to ensurethat it is in a condition for safe flight. Ifthe inspection reveals a condition that affects the safe operation of the UAS, the aircraft isprohibited from operating until the necessary maintenance has beenperformed 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 mustbe properly documented inthe aircraftrecords.

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 anentry 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.

1714. 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, and the signature ofthe authorizedpersonreturning the UAS to service. 15. Each UAS operated under this exemption must comply with all manufacturer Safety Bulletins. 16. The authorized person must make an entry in the aircraft record ofthe corrective actiontaken against discrepancies discoveredbetweeninspections. 17. The PIC must possess at least aprivate pilot certificate 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 operated underthe 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.F.R. § 91.119. 19. UAS operations may notbe 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 upon request. 21. The UA may not be operated less than 500 feet below or less than 2,000 feet horizontally from a cloud orwhenvisibility is lessthan 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 abortthe flight inthe event ofunpredicted obstacles or emergencies in accordance withthe 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 landingpoint and landthe UA with 25%battery powerremaining. 25. The operator must obtain an Air Traffic Organization (ATO) issued Certificate of Waiver orAuthorization (COA) prior to 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 in accordance with airspace requirements in the ATO issued COA including class of airspace, altitude level and potential transponderrequirements. 26. All aircraft operated in accordance withthe exemptionmustbe identifiedby serial number, registered in accordance with 14 C.P.R. part 47, and have identification (NNumber) markings in accordance with 14 C.P.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) or other appropriate government oversight agency requirements. 28. The documents required fewer than 14 C.P.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 enforcement official uponrequest. 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 may notbe operated bythe 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 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 ofan 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 of operating closer to those objects and determinedthat it does notpresent an undue hazard, and;
19c. Operations nearer to the PIC, SO, operator trainees or essential persons do notpresent anunduehazardtothose persons per§ 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 flight to be conducted. 33. Any incident, accident, or flight operation that transgresses the lateral or vertical boundaries ofthe operational areaas defmed bythe applicable COAmust bereported 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) WouldNotAdverselyAffect Safety. SUPERIOR CONCEPTS AP submits that the equivalent level of safety established by Section 61.113(a) and (b) will be maintainedbecause no PIC will be allowedto 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 SUPERIOR CONCEPTS AP's proposed area of operations, and the operating limitations set forth-above; the parallel nature of private pilot aeronautical knowledge requirements to those of commercial pilot requirements (See Exemption No. 11062); and the airmanship skills necessary to safely operate the DJI Phantom 3 UAS, SUPERIOR CONCEPTS AP submits that the additional manned airmanship experience of a commercially certificated pilot would not correlate to the airmanship skills necessary for SUPERIOR CONCEPTS AP's specific proposed flight operations. The FAA has previously granted relief from Section 61.113(a) and (b) specific to UAS, in circumstances similar, in all material respects, to those presented herein (e.g. Exemption Nos. 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110, 11112, 11136, 11138, 11150, 11153, 11156, 11158, 11159, 11160, 11161). SUPERIOR CONCEPTS AP 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 3 UAS training and currency requirements, thatthe PIC is able to safely operate the DJI Phantom 3 UAS in a manner consistent with this exemption, including evasive and emergency maneuvers andmaintaining appropriate distances from people, vessels, vehicles and structures. Specifically, the PIC musthave accumulated and logged, in a manner consistentwith 14 C.P.R.§ 61.51(b), 25 hours oftotal time as a UAS rotorcraft pilot (with a minimum of5 hours ofthose

20hours as a UAS pilot operatingthe same make andmodel ofUAStobeused 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 SUPERIOR CONCEPT AP's proposed operations. The Administrator has held that prior documented flight experience thatwas obtained incompliance 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 FAAconsidersthese minimumhourrequirements to be inclusiveratherthan additive; i.e. 5 hours make and model time may be includedinthe 10 hours ofmulti-rotortime andthe 10 hours may be included inthe total25 hours ofUAS rotorcraft time. Inaddition to the hour requirements, the PIC must accomplish 3 takeoffs and landings inthe preceding 90 days (for currency purposes). The FAA fmds that at a minimum, the flight-hour requirements inExemptionNo. 11062 are appropriate topractice andbuildproficiency in the skills necessary to safely conductthe petitioner's proposed 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 accomplishthe required flight time. Duringtraining, proficiency, and experience-building flights the PIC is required to operate the UA with appropriate distances in accordance with 14 C.F.R91.119.

ExemptionNo. 11138 atpage 15. Accordingly, The SUPERIOR CONCEPTS AP 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 operate the DJI Phantom 3 UAS in a manner consistent with the exemption, including evasive and emergency maneuvers andmaintaining appropriate distances from people, vessels, vehicles and structures.

3. Reasons Why an Exemption From The Requirements Of Section 91.7(a) Would Not AdverselyAffect Safety.

21The equivalent level ofsafety established by Section 91.7(a) will be maintained because prior to every flight, The SUPERIOR CONCEPTS AP 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 inthe conditions and limitations herein. 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 of the flight path and altitude. This altitude information, combined with SUPERIOR CONCEPTS AP's operation ofthe DJI Phantom 3 UAS within visual line ofsight, at orbelow 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 initiationpointis automatically establishedbythe UAS atground 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 Of Section 91.151(b) Would Not Adversely Affect Safety. A grant ofthis exemption would ensure an equivalent level of safety established by 14 C.F.R. Section 91.151(b) as a result of(1) the technical specifications ofthe DJI Phantom 3 UAS; (2) the limitations on the proposed flight operations; and (3) the location ofthe proposed flight operations. Accordingly, The SUPERIOR CONCEPTS AP will ensure that it will safely operate the battery powered DJI Phantom 3 UAS during daylight hours in VFRconditions, with enough batterypowerto fly for a total 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, safetywill be ensured as the DJI Phantom 3 UAS provide audible and visual warningsto the PIC at the GCS when the UAS experiences low battery voltage, the first warning occurring at approximately 33%remaining batterypower, and again at approximately 10% remaining battery



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# I

power. 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 establish that safety is notadversely 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. Inseeking this exemption, The SUPERIOR CONCEPTS AP submits thatthe 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)(l) & (a)(2), and 91.417(a) & (b) will be metbecause The SUPERIORCONCEPT AP will use trained technicians to performmaintenance, alterations, or preventive maintenance on the UAS using the methods, techniques, and practices prescribed in the operating documents (i.e., the SUPERIOR CONCEPT AP Aerial Operations Manual, Monthly Maintenance Log, and DJI Phantom 3 Instruction Manual). Furthermore, The SUPERIOR CONCEPT AP will document and maintain all maintenance records for the DJI Phantom 3UAS. Since the DJI Phantom 3 UAS will be inspected as prescribed by the operating documents, The SUPERIOR CONCEPT AP will maintain the equivalent level ofsafety established by Sections 91.405(a), 91.409(a)(l), and 91.409(a)(2). A copy of the DJI Phantom 3 User Manuals are attached hereto as Appendix A and B; a copy ofthe DJI Phantom 3 UAS Maintenance LOG is attachedhereto as Appendix C. Likewise, the exemption sought will not adversely affect safety because The SUPERIOR CONCEPTS AP will use trained technicians to perform maintenance, alterations or preventive maintenance on the UAS using the methods, techniques, and practices prescribed by the operating documents. Furthermore, the exemption sought would maintain an equivalent level ofsafety 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 utilizingthe monthly maintenance log. Significantly, previous exemptions granted by the FAA concerning Sections 91.405(a), 91.407(a)(1), 91.409(a)(l) & (a)(2), and 91.417(a) & (b) establish that safety is not adversely affected whenthetechnicalcharacteristics and operating limitations ofthe UAS are considered.

23Inconsideration ofSUPERIOR CONCEPTS AP'sproposed operating limitations, the operating documents, and the technical aspects ofthe DJI Phantom 3 UAS, The SUPERIOR CONCEPT AP submits that safety will not be adversely affected by granting exemption from 14 C.F.R. Sections 91.405(a), 91.407(a)(1) and (a)(2), 91.409(a)(2), and 91.417(a) and (b). The FAA has previously granted relief specific to UAS in circumstances similar, in all material respects, to those presentedherein (e.g. ExemptionNos. 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110, 11112, 11136, 11138, 11150, 11153, 11156, 11157, 11158, 11159, 11160, 11161). 7. TheFAAMayPrescribeAny OtherConditionsForSafe Operation. In accordance with Section 333 ofthe FAA Modernization and Reform Act of2012 (FMRA) and 14 C.F.R. § 21.16 entitled Special Conditions, The SUPERIOR CONCEPTS AP requests that the FAAprescribe special conditions for the intended operation ofthe DJI Phantom 3 UAS, which contain such safety standards that the Administrator fmds necessary to establish a level of safety equivalent to that establishedby 14 C.F.R. Part 21, Subpart H, and 14 C.F.R §§ 61.113(a) & (b), 91.7 (a), 91.121, 91.151(b), 91.405(a), 91.407(a)(l), 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 of the United States for compensation or hire. FMRA Section 333 sets forth the requirements for considering whether a UAS will create a hazardto users oftheNAS orthe public, orotherwisepose a threatto national security; and further, provides the authority for such UAS to operate without airworthiness certification in accordance with any requirements that mustbe established for the safe operation ofthe UAS intheNAS. Likewise, the Administrator may prescribe special conditions pursuant to 14 C.F.R. § 21.16, for operation ofthe DJI Phantom 3 UAS, since the airworthiness regulations of 14 C.F.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 thatestablishedinthe regulations. See 14 C.F.R. § 21.16. Therefore, in accordance with FMRA Section 333 and 14 C.F.R. § 21.16, the FAA may prescribe special conditions for Leading Edge's intended operation ofthe 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.F.R. Part 21, Subpart H, and 14 C.F.R Sections

2461.113(a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(l), 91.409(a)(l) & (a)(2), and 91.417(a) & (b).

• A Summary That Can Be Published in The Federal Register, stating: The Rules FromWhich SUPERIORCONCEPTAP SeeksExemption:

SUPERIOR CONCEPTSAPseeks exemptionfrom 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 BriefDescription OfTheNature OfTheExemption SUPERIORCONCEPTSAP Seeks: This exemption will permit SUPERIOR CONCEPT AP to commercially operate an Unmanned Aircraft System (UAS) for the purpose ofconducting aerial video and photographyovercertain areas of the UnitedStates.

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

This Petitionis madepursuantto the FAA Modernization andReform Actof2012 (FMRA) Section 333, which directs the Secretary ofTransportation to determine ifcertain UAS may operate safely in the NAS. As such, The SUPERIOR CONCEPTS AP's request for exemption may be granted pursuant to the authority ofFMRA Section 333 and 14 C.F.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 poses a threat to national security; and further, providesthe authority for suchUAS to operate without airworthiness certification. As discussed in detail above, SUPERIOR CONCEPTS AP will operate the DJI Phantom 3UAS safely in the NAS, without creating a hazard to users ofthe NAS, or the public, or otherwise pose athreatto national security. CONCLUSION As set forth herein, SUPERIOR CONCEPTS AP seeks an exemption pursuant to 14 C.F.R. 

### § 11.61 and Section 333 ofthe 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 of the United States. By granting this Petition, the FAA Administrator will be fulfilling the Congressional mandate of the FAA Modernization and Reform Act of 2012, while also advancing the interests ofthe public, by allowing The SUPERIOR CONCEPT AP to safely, efficiently, andeconomically operate the DJI Phantom 3UAS commercially withintheNAS.

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### WHEREFORE, in accordance with the Federal Aviation Regulations and the FAA Modernization and Reform Act of2012, Section 333, SUPERIOR CONCEPTS AP 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)(l), 91.409(a)(1) & (a)(2), and 91.417(a) & (b), andpermitLeading Edge to operate the DJI Phantom 3 UAS commercially for the purpose ofconducting aerial video and photography over certain
areas ofthe United States. Dated: June 10, 2015 Respectfully submitted,

Keith Stephens President SUPERIORCONCEPTAP 

### 5111 Keiners Lane Pittsburgh,Pa. 15205 (412) 279-2084 topshot@verizon.net

Appendices:

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



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