1 UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

FEDERALAVIATION ADMINISTRATION

WASHINGTON, DC

**IN THE**  **MATTER OF**  **THE PETITION**  **FOR EXEMPTION**  **OF:**


### Dominguez Investigation Agency

**D.B.A. Portal Investigation** 

**FOR AN**  **EXEMPTION SEEKING**  **RELIEF FROM**  **THE REQUIREMENTS**  **OF**

**TITLE 14**  **OF THE**  **CODE OF**  **FEDERAL REGULATION** 

**SECTIONS 61.113{a)**  **& {b),**  **91.7{a), 91.121,**  **91.151{b), 91.405{a),**  **91.407{a){1), 91.409{a){1)**  **& {a){2),** 

**AND 91.417{a)**  **& {b)**  **CONCERNING COMMERCIAL**  **OPERATION OF**  **THE**

**DJI Phantom 3**  **UNMANNED AIRCRAFT**  **SYSTEM**

**PURSUANT TO**  **SECTION 333**  **OF**

**THE FAA**  **MODERNIZATION AND**  **REFORM ACT**  **OF 2012**  **{PUBLIC LAW**  **112**

**- 95)** 2 

### TABLE OF CONTENTS

page
Glossary of Abbreviations

....................................................... 3 Summary

........................................................................... 4 Introduction and Interests of Petitioner

....................................... 4 Background

........................................................................ 4 Basis for Petition

.................................................................. 4 Name and Address of Petitioner

................................................ 5 Specific sections of 14 C.F.R from which Dominguez Investigation Agency seeks Exemption

......................................................... 5 The extent of relief Dominguez Investigation Agency seeks relief and the

reason Dominguez Investigation Agency seeks relief..................... 7 The reasons why granting Dominguez Investigation Agency’s request would be in the public’s interest............................................. 8 The reasons why granting the exemptions would not adversely affect Safety......................................................................... 10 Summary that can be published in the Federal Register.........

...... 19 Any additional information, views, or arguments available to support Dominguez Investigation Agency’s request..................... 19 Conclusion............................................................ 193 **GLOSSARY OF ABBREVIATIONS** 

AGL

- Above Ground Level AOI

- Area of Interest ATC

- Air Traffic Control ATO

- Air Traffic Organization AV

- Aerial Vehicle C.F.R.

- Code of Federal Regulations COA

- Certificate of Authorization FAA

- Federal Aviation Administration FAR

-Federal Aviation Regulation GCS

- Ground Control Station GPS

- Global Positioning System LOL

- Loss of Link NAS

-National Airspace System NOTAM

- Notice to Airman PIC

- Pilot In Command SOP

- Standard Operating Procedures UA

- Unmanned Aircraft UAS

- Unmanned Aircraft System VFR

- Visual Flight Rules VLOS

- Visual Line of Site VMC

- Visual Meteorological Conditions VO

- Visual Observer VTOL

- Vertical Takeoff and Landing4 **SUMMARY** Dominguez Investigation Agency seeks exemption from the requirements of 14 C.F.R §§ 61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b), to operate an Unmanned Aircraft System pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (FMRA). This exemption will permit Dominguez Investigation Agency to operate an Unmanned Aircraft System (UAS) for the commercial purpose of conducting aerial photographs and video over certain public roadways and public areas of the United States.

**INTRODUCTION AND INTERESTS OF THE PETITIONER**  The petitioner, Dominguez Investigation Agency is a licensed New Mexico Private Investigative Agency and conducts investigations whereby aerial photographs are necessary. Crime scenes and property locations are a part of the routine investigative process for Dominguez Investigation Agency. Primarily Dominguez Investigation Agency is a Private Investigative Agency that provides extensive investigations for New Mexico Court appointed criminal cases and private litigation support for attorneys and private clients.

**BACKGROUND** 

### Dominguez Investigation Agency seeks an exemption to operate the DJI Phantom 3 UAS for compensation within the NAS. The DJI Phantom 3 is comprised of a vertical takeoffand landing (VTOL) Unmanned Aircraft (UA) and a transportable Ground Control Station (GCS). The DJI Phantom 3 has a maximum gross weight of approximately 2.8 pounds, while havinga diameter of 23.2 inches, height of 13 inches, and maximum speed of approximately 35 mph. The DJI Phantom 3 UA is equipped with four propellers, each being driven by an electric motor poweredby Lithium Poly mer battery. The DJI Phantom 3 UA that will be operated by Dominguez Investigation Agency will be registered in accordance with 49 U.S.C. 44103, Registration of Aircraft
, as well as 14 C.F.R Part 47, Aircraft Registration
, and marked in accordance with 14 C.F.R. Part 45, Identification and Registration Marking

.
**BASIS FOR PETITION**  Petitioner, Dominguez Investigation Agency is pursuant to the provisions of the Federal Aviation Regulations (14 C.F.R. § 11.61) and the FAA Modernization and Reform Act of 2012, Section 333, Special Rules for Certain Unmanned Aircraft Systems, hereby petitions the Administrator to operate the DJI Phantom 3 UAS in the National Airspace System (NAS), and for an exemption from the requirements of 14 C.F.R §§ 61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b). In consideration ofthe size, weight, speed, and limited operating area associated with the unmanned aircraft and its operation, Dominguez Investigation Agency operation of the DJI Phantom 3 UAS meets the conditions of Section 333 and therefore, will not require an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H. 6. Accordingly, Dominguez Investigation Agency requests relief from Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b), as these sections set forth requirements for maintenance that only apply to aircraft with an airworthiness certificate. Dominguez Investigation Agency submits that the requested relief is
proper since an equivalent level of safety will be ensured. Dominguez Investigation Agency will use its authorized technicians to perform maintenance, alterations, or preventive maintenance on the UAS using the methods, techniques, and practices prescribed in the manufacturer’s maintenance manual. Furthermore,5

Dominguez Investigation Agency will document and maintain all maintenance records for the DJI Phantom3 UAS. Relief from certain requirements of Section 61.113(a) and (b), entitled Privatepilot privileges and limitations: Pilot in command, is requested by Dominguez Investigation Agency to the
extent necessary to allow a Pilot in Command (PIC) who has completed the DJI Phantom 3 UAS training and currency requirements, to conduct the proposed UAS flight operations. Dominguez Investigation Agency submits that the conditions and limitations set forth herein will ensure the safety ofthe NAS, as well as the safety of persons or property on the ground. Dominguez Investigation Agency seeks relief from Section 91.7(a), entitled Civil aircraft airworthiness, because the DJI Phantom 3 UAS does not require an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H. As such, Dominguez Investigation Agency submits that it will ensure that the DJI Phantom 3 UAS is in an airworthy condition, prior to every flight, by determining that the UAS is in compliance with the DJI Flight Manual, and that the aircraft is in a condition for safe flight. Dominguez Investigation Agency also seeks an exemption from the requirements of Section 91.121, entitled Altimeter Settings, as the DJI Phantom 3 UAS will not have a ty pical barometric altimeter onboard. However, altitude information of the DJI Phantom 3 UAS will be provided to the PIC via Global Positioning System (GPS) equipment and a radio communications telemetrydata link, which downlinks from the UA to the GCS for active monitoring ofthe flight path. This altitude information, combined with Dominguez Investigation Agency operation of the DJI Phantom 3 UAS within visual line of sight, at or below 400 feet AGL, will ensure a level of safety equivalent to Section 91.121. Additionally
, Dominguez Investigation Agency seeks an exemption from the requirements of Section 91.151(b), entitled Fuel requirementsforflight in VFR conditions

. Dominguez Investigation Agency submits that safety will not be affected by terminating flights ofthe battery powered DJI Phantom 3 UAS after 15 minutes of continuous flight, which would allow for five minutes of batterypower remaining. In accordance with 14 C.F.R. § 11.81, Dominguez Investigation Agency provides the following information in support of its petition for exemption:

**A. Name and Address Of The**  **Petitioner.** The name and address of the Petitioner is: Dominguez Investigation Agency PO BOX 15625 Rio Rancho, NM 87174

-0625

**Contact: Matthew Dominguez**  **Dominguez Investigation Agency**

**B. The Specific Sections Of 14 C.F.R. From Which**  **Dominguez Investigation Agency Seeks**  **Exemption. 1.**  **Dominguez Investigation Agency Seeks Exemption From The Requirements Of Section**  **61.113(a) And**  **(b).** Section 61.113, entitled Privatepilotprivileges and limitations: Pilot in command
, subsections (a) and (b) prescribe the following, in relevant part: No person who holds a private pilot certificate may act as a pilot in command (PIC) of an aircraft that is carrying passengers or property for compensation or hire; nor may that person, for compensation or hire, act as PIC of an aircraft. (a) A private pilot may, for compensation or hire, act as PIC of an aircraft in connection with any business or employment if

—6

(1) The flight is only incidental to that business or employment; and (2) The aircraft does not carry passengers or property for compensation or hire. **2. Dominguez Investigation Agency**  **Seeks Exemption From The Requirements Of Section 91.7(a).**  Section 91.7, entitled Civil aircraft airworthiness
, subsection (a), states the following: (a) No person may operate a civil aircraft unless it is in an airworthycondition. **3. Dominguez Investigation Agency** **, Seeks Exemption 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 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 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 altimeter setting of an appropriate available station; or (iii) In the case of an aircraft not equipped with a radio, the elevation of the departure airport or an appropriate altimeter setting available before departure; **4. Dominguez**  **Investigation Agency**  **Seeks Exemption**  **From The**  **Requirements Of**  **Section 91.151(b).**  Section 91.151, entitled Fuel requirements for flight in VFR conditions
, subsection (b), states the following: (b) No person may begin a flight in a rotorcraft under VFR conditions unless (considering 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. Dominguez Investigation Agency**  **Seeks Exemption From The Re quirement Of Section**  **91.405(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 ofthis part and shall between required inspections, except as provided in paragraph (c) ofthis section, have discrepancies repaired as prescribed in part 43 of this chapter[.] **6. Dominguez Investigation Agency**  **Seeks Exemption From The Requirements Of Section 91.407(a)(1).**  Section 91.407, entitled Operation after maintenance, preventive maintenance, rebuilding, or alteration, subsection (a)(1), states the following: (a) No person may operate any aircraft that has undergone maintenance, preventive maintenance, rebuilding, or alteration unless

-- (1) It has been approved for return to service by a person authorized under § 43.7 of this chapter[.] **7. Dominguez Investigation Agency**  **Seeks Exemption From The Requirements Of Sections 91.409(a)(1)**  **And 91.409(a)(2).**  Section 91.409, entitled I nspections, subsection (a), states the following: (a) Except as provided in paragraph (c) ofthis section, no person may operate 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 approved 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.7

**8. Dominguez Investigation**  **Agency Seeks Exemption From The Requirements Of Sections**  **91.417(a) And**  **91.417(b).** Section 91.417, entitled Maintenance records
, subsections (a) and (b), state the following: (a) Except for work performed in accordance with §§ 91.411 and 91.413, each registered owner or operator shall keep the following records for the periods specified in paragraph (b) ofthis section: 10 (1) Records ofthe maintenance, preventive maintenance, and alteration and records ofthe 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. Therecords must include

-- (i) A description (or reference to data acceptable to the Administrator) ofthe 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 eachrotor. (ii) The current status of life

-limited parts of each airframe, engine, propeller, rotor, andappliance. (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 the inspection 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 revision date. Ifthe AD or safety directive involves recurring action, the time and date when the next action isrequired. (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: (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) of this section shall be retained and transferred with the aircraft at the time the aircraft is sold. (3) A list of defects furnished to a registered owner or operator under § 43.11 of this chapter shallbe retained until the defects are repaired and the aircraft is approved for return to service. **C. The**  **Extent Of**  **Relief Dominguez Investigation Agency**  **Seeks And**  **The Reason**  **Dominguez Investigation Agency Seeks The**  **Relief. 1. Extent of Relief**  **Dominguez Investigation Agency Seeks And The Reason**  **Dominguez Investigation Agency**  **Seeks Relief From Section 61.113(a) And**  **(b).** Relief from Section 61.113(a) and (b) entitled Private pilot privileges and limitations: Pilot in command
, is requested to the extent necessary to allow a PIC holding a private pilot certificate and a third

-class airman medical certificate, and who has completed the DJI training and currency requirements, to conduct the proposed UAS flight operations for compensation. 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 employ ment 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. As set forth more fully below, Dominguez Investigation Agency submits that an equivalent level of safety will be maintained because no person who is not an employee of Dominguez Investigation Agency will have operation rights to fly or maintain the DJI Phantom 3 and fly the UAS in a

mannerconsistent 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.8

Further, Dominguez Investigation Agency submits that all flights of the DJI Phantom 3 conducted by the PIC pursuant to the grant of this Petition

- (1) will be incidental to Dominguez Investigation Agency’s business; and (2) will not carry passengers or property

for compensation or hire. **2. Extent of Relief**  **Dominguez Investigation Agency Seeks And The Reason**  **Dominguez Investigation Agency**  **Seeks Relief From Section 91.7(a).**  Relief from Section 91.7(a) entitled Civil aircraft airworthiness
, is requested to the extent required to allow Dominguez Investigation Agency to determine that the DJI Phantom 3 UAS is in an airworthy condition prior to every flight by ensuring that the UAS is in compliance with the DJI Flight Manual, and that the aircraft is in a condition for safe flight. Dominguez Investigation seeks the requested reliefbecause the DJI Phantom 3 UAS does not require an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H. Therefore, Dominguez Investigation Agency will ensure that the DJI UAS is in an airworthy condition based uponits compliance with the operating documents (i.e., the DJI Flight Manual) prior to every flight, and as stated in the conditions and limitations below. **3. Extent of Relief**  **Dominguez Investigation Agency Seeks And The Reason**  **Dominguez Investigation Agency**  **Seeks Relief From Section 91.121.**  Relief from Section 91.121 entitled Altimeter settings
, may be required to allow flight operations of the DIJ UAS, which utilizes GPS equipment and a radio communications telemetry data linkto downlink altitude information to the PIC from the UA to the GCS. As more fully set forth below, safety will be maintained as a result of the DIJ Phantom 3 UA’s altitude readout viaGPS equipment, and Dominguez Investigation Agency’s operation of the DJI Phantom 3 UA withinvisual line of sight, at or below 400 feet AGL. **4. Extent**  **Of Relief**  **Dominguez Investigation Agency Seeks**  **And The**  **Reason Dominguez**  **Investigation Agency Seeks**  **Relief From Section 91.151(b).**  Relief from Section 91.151(b) entitled Fuel requirementsforflight in VFR conditions
, is requested to the extent required to allow flights of the battery powered DJI UA during daylight hours invisual meteorological conditions (VMC), under visual flight rules (VFR) conditions, to continue for atotal duration of 15 minutes, which will ensure that the UA will land with five minutes ofbattery power remaining. Dominguez Investigation Agency seeks the requested relief because without an exemptionfrom Section 91.151(b), the flight time duration ofthe battery powered DJI UA will severely constrain the practicality of any aerial acquisition and research flight operations that Dominguez Investigation Agency proposes to conduct pursuant to this Petition. Significantly, as set forth below, the technical specifications of the DJI Phantom 3 UAS, the DJI Flight Manual, and Dominguez Investigation Agency’s proposed operating limitations, ensure that Dominguez Investigation Agency will safely operate the battery powered DJI UA during daylight hours in VFR conditions, for a total flight duration of 15 minutes, landing with five minutes of battery power remaining. **5. Extent**  **Of Relief**  **Dominguez Investigation Agency**  **Seeks And**  **The Reason**  **Dominguez Investigation Agency**  **Seeks Relief From Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2),**  **And 91.417(a) &**  **(b).** Since Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b) only applyto aircraft with an airworthiness certificate, Dominguez Investigation Agency requests relief from these Sections because the DJI Phantom 3 UAS does not require an airworthiness certificate. As setforth

more fully below, the DJI Phantom 3 UAS meets the conditions of Section 333 ofthe FMRA for operation without an airworthiness certificate. Accordingly, Dominguez Investigation Agency will

use authorized technicians to perform maintenance, alterations, or preventive maintenance on the UAS using the methods, techniques, and practices prescribed in the manufacturer’s maintenance manual. Furthermore, Dominguez Investigation Agency will document and maintain all maintenance records for the DJI Phantom 3 UAS. **D. The Reasons Why Granting**  **Dominguez Investigation Agency ’s**  **Request Would Be In The Public** 9

**Interest; That Is, How It Would Benefit The Public As A Whole.**  Granting the present Petition will further the public interest by allowing Dominguez Investigation Agency to safely, efficiently, and economically perform aerial photographs and video over public areas of the United States, commercially
, in support of government entities, court ordered investigations, crime scene documentation, scientific studies, and private investigations. Additionally, use of the DJI Phantom 3 UAS will decrease congestion of the NAS, reduce pollution, and provide significant benefits to the economy. Notably, the benefits of Dominguez Investigation Agency’s proposed operation ofthe DJI Phantom 3 UAS will be realized without implicating any privacy issues. **1. The Public Will Benefit From The Aerial Acquisitioned Photographs and Video**  **Performed.** Dominguez Investigation Agency submits this Petition to commercially operate the DJI Phantom 3 UAS and perform aerial acquisitions and research throughout areas ofthe United States, in support of government entities, private investigations, court appointed investigations, evidentiary video and photographs of crime scenes, and crime scene direction mapping. The DJI Phantom 3 UAS will provide safe, efficient, and economical aerial acquisition and research operations to further each of these fields, all of which are critical to the well

-being of the general public. The specific operations that Dominguez Investigation Agency will perform with the DJI Phantom 3 UAS demonstrate how the requested exemption will directly benefit the above

-referenced industries and the public. In court appointed investigations, the aerial acquisition performed by the DJI Phantom 3 will create critical aerial evidence of a wider area than could be done onthe ground. In private investigations the DJI Phantom 3 UAS will be used to aid inproperty inspections, and crime scene evidence. The DJI Phantom 3 UAS will also furtherthe investigative process since large and vast amounts ofphotographs can be condensed into one video segment for court preparation and court viewing. **2. The Public Will Benefit From Decreased Congestion Of The**  **NAS.** The DJI Phantom 3 UA is battery powered and serves as a safe, efficient, and economical alternative to the manned aircraft traditionally utilized to obtain aerial imagery. By reducing the amount of manned aircraft needed to perform aerial acquisitions, an exemption allowing the use
of a DJI Phantom 3 UAS would reduce the amount ofmanned aircraft in the NAS, reduce noise and air pollution, as well as increase the safety of life and property in the air and on the ground. Furthermore, by

reducing the number of manned aircraft operating in the NAS, congestionaround airports caused by arriving and departing aircraft will be reduced. The DJI Phantom 3 UA does not require an airport to takeoff or land. Likewise, a reduction ofmanned aircraft conducting aerial survey missions would result in fewer aircraft that must be handled by air traffic control during the ground, takeoff, departure, arrival, and landing phases of flight operations. **3. The**  **Public Will**  **Benefit From**  **The Safety**  **And Efficiency**  **Of The**  **DJI Phantom**  **3 UAS.**  Conducting aerial acquisitions with the DJI Phantom 3 UAS, instead ofmanned aircraft, will greatly benefit the public by drastically reducing the levels of air and noise pollution generated during traditional aerial survey flight operations. By using battery power and electric motors, the DJI Phantom 3 UAS produces no air pollution, and is the most viable environmentally conscious alternative to the cabin class, six cylinder internal combustion twin engine aircraft that are ty pically utilized for aerial acquisitions, while burning approximately 20

-30 gallons per hour of leaded aviation fuel. The DJI Phantom 3 UA, while reducing the carbon footprint of aerial acquisitions, also eliminates noise pollution, as the UA is propelled by battery powered electric motors, rather than an internal combustion engine. By using the DJI Phantom 3 UAS to perform aerial acquisitions, the substantial risk to life and property in the air and on the ground, which is usually associated with traditional 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 UA (weighing approximately2.8 pounds at its maximum gross weight with a diameter of 23.2 inches, and with no fuel on board), has less10

physical potential for collateral damage to life and property on the ground, and in the air, compared tothe manned aircraft that ty

pically conduct aerial acquisitions (weighing approximately 6,500 pounds with

a wingspan of approximately 40 feet, a length of 34 feet, and a fuel capacity of 180 gallons). **4. Performing Aerial Acquisition Operations Wi** **th The DJI Phantom 3 UAS Will**  **Benefit The Economy.**  In addition to being safe and efficient, the DJI Phantom 3 UAS is also an economical alternative to using manned aircraft to conduct aerial acquisitions. As such, operation of the DJI Phantom 3 UAS will allow United States based companies, like Dominguez Investigation Agency
, to remain competitive and contribute to growth ofthe U.S. economy. Specifically
, with the rising cost of aviation fuel and the Environmental Protection Agency (“EPA”) regulatory actions phasing out leaded aviation fuels, U.S. owned and operated companies must adopt new and alternative technology

in order to remain competitive. Operating the battery powered DJI Phantom 3 UAS is

one such technology that not only allows companies greater operational flexibility compared to manned aircraft, but provides such flexibility without the high operational cost of a traditional manned aircraft. By operating the DJI Phantom 3 UAS, companies such as Dominguez Investigation Agencycan remain competitive and profitable, and therefore, provide greater job stability to employees and contractors, which will ultimately contribute to growth ofthe U.S. economy

. Improved financial performance of U.S. companies, through commercial use of the 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 competitive both in the United States and abroad. **5. There Are No Privacy**  **Issues.** Similar to the manned aerial acquisition flight operations that have been conducted for decades, Dominguez Investigation Agency’s proposed operation of the DJI Phantom 3 UAS will not implicate any privacy issues. Specifically, the DJI Phantom 3 UAS will be operated only in rural areas, and in accordance with all Federal Aviation Regulations, including theminimum altitude requirements of 14 C.F.R. § 91.119. Most significantly, the DJI Phantom 3 UA will not be operated closer than 500 feet to any person, vessel, vehicle, or structure, which is not directly involved in the operation. **E. The**  **Reasons Why**  **Granting The**  **Exemption Would**  **Not Adversely**  **Affect Safety,**  **Or How**  **The Exemption**  **Would Provide**  **A Level**  **Of Safety**  **At Least**  **Equal To**  **That Provided**  **By The Rule From Which Dominguez Investigation Agency**  **Seeks Exemption.**  **1. Reaso ns Why The DJI Phantom 3**  **UAS Meets The Conditions Of The FAA Modernization**  **and Reform Act of 2012 (FMRA) Section 333.**  In consideration of the size, weight, speed, and limited operating area associated with the unmanned aircraft and its operation, Dominguez Investigation operation of the DJI Phantom 3 UAS meets the conditions of FMRA Section 333, and will not require an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H. 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 ofthe NAS or the public, or otherwise pose a threat to national security

. Specifically
, FMRA Section 333 states the following, in part: (a) In General.

--Notwithstanding any other requirement of this subtitle, and not later than 180days after the date ofenactment ofthis Act, the Secretary ofTransportation shall determine ifcertain unmanned aircraft systems may operate safely in the national airspace system before completion of the plan and rulemaking required by section 332 ofthis Act or the guidance required by section 334 of this Act. (b) Assessment of Unmanned Aircraft Systems.

--In making the determination under subsection (a), the Secretary shall determine, at a minimum

--11

(1) which types of unmanned aircraft systems, if any, as a result of their size, weight, speed, operational capability, proximity to airports andpopulated 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 threatto national security; and12

(2) whether a certificate ofwaiver, certificate ofauthorization, or airworthiness certification under section 44704 of title 49, United States Code, is required for the operation of unmannedaircraft 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 national airspace system, the Secretary shall establish requirements for the safe operation of such aircraft systems in the national airspacesystem. In seeking this exemption, Dominguez Investigation Agency submits that the DJI Phantom 3 UAS

can operate safely in the NAS pursuant to FMRA Section 333, as demonstrated by: (a) the characteristics of the DJI Phantom 3 UAS; (b) the pilot certification requirement; and (c) the specific operating limitations. **a. The Specificati ons Of The DJI Phantom 3**  **UAS Demonstrate Its Safe Characteristics.**  The DJI Phantom 3 UAS does not create a hazard to users of the NAS or the public, or otherwise pose a threat to national security considering its size, weight, speed, andoperational capability. **i. Technical Specificat** **ions Of The DJI Phantom 3 UAS.**  The technical specifications of the DJI Phantom 3 UAS are set forth in the Appendix of the “Flight Manual For The DJI Phantom 3 Unmanned Aircraft System (UAS),” attachedhereto as Exhibit A. Exhibit A contains proprietary information and is to be held in a separate file pursuant to 14 C.F.R. § 11.35(b) 1

. 1 Exhibits to this Petition contain proprietary information, and in accordance with 14 C.F.R. § 11.35(b), are not to be included in the Federal Docket Management System (FDMS). **ii. The DJI Phantom 3**  **UAS Autonomous Flight And Navigation Modes Enable**  **The UAS**  **To Remain Within A Defined Operational Area.**  A complete description ofthe autonomous modes and methods ofnavigation ofthe DJI Phantom 3 UAS is provided on page 11 of the “Flight Manual For The DJI Phantom 3 Unmanned Aircraft System (UAS),” attached hereto as Exhibit A. Exhibit A contains proprietary information and is to be held in a separate file pursuant to 14 C.F.R. § 11.35(b). **iii. The DJI Phantom 3**  **UAS Is Designed For Automatic Return To Launch In The**  **Event Of Loss Of The Control Link Or**  **Navigation.** A complete description of the DJI Phantom 3 UAS’s automatic return to launch functionin the event of a break in communication or loss oftelemetry data is set forth on page 12 of the “Flight Manual For The DJI Phantom 3 Unmanned Aircraft System (UAS),” attached hereto as Exhibit A. Exhibit A contains proprietary information and is to be held in a separate file pursuant to 14 C.F.R. § 11.35(b). **b. Flight Operati ons Of The DJI Phantom 3**  **UAS Are**  **Limited To The Line Of**  **Sight Of A Certificated Pilot in Command With A Safety Observer.**  Dominguez Investigation Agency will only

utilize certificated pilots who possess a valid sport pilot certificate to act as a pilot in command (PIC) of the DJI Phantom 3 UAS. Additionally, a safety observer will assist all pilots. The PIC must complete the DJI Phantom 3 UAS training and qualification, as set forth in the “Flight Manual For The DJI Phantom 3 Unmanned Aircraft System (UAS),” attached hereto as Exhibit A. Exhibit A contains proprietaryinformation and is to be held in a separate file pursuant to 14 C.F.R. § 11.35(b). 20 **c. Flig hts Of The DJI Phantom 3**  **UAS Will Be Conducted Pursuant To Specific**  **Operating Limitations.**  In seeking this exemption, Dominguez Investigation Agency proposes to commercially operate the DJI Phantom 3 UAS for the special purpose of conducting aerial acquisitions over public areas of United States, pursuant to the following specific operating limitations: 1) Operations authorized by this grant of exemption are limited to the following aircraft described in the operator’s manual which is a quad rotor aircraft weighing less than 10 pounds: DJI Phantom 3 Unmanned Aircraft System. Proposed operations of any other aircraft will require a new petition

or a petition to amend this grant.13

2) The UA may

not be flown at an indicated airspeed exceeding 25 MPH & the UA must be operated
at an altitude of no more than 400 feet above ground level (AGL), as indicated by the procedures specified in the operator’s manual. All altitudes reported to ATC must be in feet AGL. 3) The UA 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. 4) All operations must utilize a visual observer (VO). The VO may be used to satisfy the VLOS requirement, as long as the PIC always maintains VLOS capability

. The VO and PIC must be able to communicate verbally at all times. The PIC must be designated before the flight andcannot transfer his or her designation for the duration of the flight. 5) The operator’s manual and this grant of exemption must be maintained and made available to the Administrator upon request. If a discrepancy exists between the conditions and limitations inthis exemption and the procedures outlined in the operator’s manual, the conditions and limitationsherein take precedence and must be followed. Otherwise, the operator must follow the procedures as outlined in its operator’s manual. The operator may update or revise its operator’s manual. 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. Ifthe operator determines that any update or revision would affect the basis upon which the FAA granted this exemption, then the operator must petition for amendment to their exemption. The FAA’s UAS Integration Office (AFS

-80) may be contacted if questions arise regardingupdates or revisions to the operator’s manual. 6) Prior to each flight the PIC must inspect the UAS to ensure it is in a condition for safe flight. Ifthe inspection reveals a condition that affects the safe operation ofthe 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. 7) Any UAS that has undergone maintenance or alterations that affect the UAS operation orflight characteristics (e.g. replacement of a flight critical component), must undergo a functional test flight in accordance with the operator’s manual. The PIC who conducts the functional test flight mustmake

an entry in the UAS aircraft records ofthe flight. The requirements and procedures for a functional test flight and aircraft record entry must be added to the operator’s manual. 8) The preflight inspection must account for all discrepancies, i.e. inoperable components, items, or equipment, not covered in the relevant preflight inspection sections of the operator’s manual. 9) The operator must follow the manufacturer’s UAS aircraft/component, maintenance, overhaul, replacement, inspection, and life limit requirements, with particular attention to flightcritical components that may not be addressed in the manufacturer’s manuals. 10) Dominguez Investigation Agency must carry out their maintenance, inspections, and record keeping requirements in accordance with the operator’s manual. Maintenance, inspection, and alterations must be noted in the aircraft logbook, including total flight hours, description ofwork accomplished, and the signature of the authorized UAS technician or PIC returning the UAS to service. 11) Dominguez Investigation Agency UAS technicians must receive and document training referenced in the operator’s manual. 12) Each UAS operated under this exemption must comply with all manufacturer System and Safety Bulletins. 13) Dominguez Investigation Agency maintenance personnel must make a record entry in the UAS logbook or equivalent document of the corrective action taken against discrepancies discoveredbetween inspections. 15) The PIC must possess at least a private pilot certificate and a third

-class airmanmedical certificate and/or a sport pilot certificate

. The PIC must also meet the flight review requirements in an aircraft in which the PIC is rated on his or her pilot certificate specified in 14 C.F.R. § 61.5614

16) The operator may not permit any PIC to operate unless that PIC has demonstrated, through the training and currency requirements set forth in the operator’s manual, that the PIC is able to safely operate the UAS in a manner consistent with how the UAS will be operated under this exemption, including evasive and emergency maneuvers and maintaining appropriate distances from people, vessels, vehicles and structures. 17) UAS operations may

not be conducted during night, as defined in 14 C.F.R. § 1.1. All operations must be conducted under visual meteorological conditions (VMC). Flights under special visual flight rules (SVFR) are not authorized. 18) The UA may not operate within 5 nautical miles ofthe airport reference point as denoted on a current FAA

-published aeronautical chart. The UA may not operate within 3 nautical miles from any city or densely

populated area. 19) The UA may not be operated less than 500 feet below or less than 2,000 feet horizontally from a cloud or when visibility is less than 3 statute miles from the PIC. 20) If the UAS loses communications or loses its GPS signal, the UA must return to apre

-determined location within the private or controlled

-access property and land, or be recovered in accordance with the operator’s manual. 21) The PIC must abort the flight in the event of unpredicted obstacles or emergencies inaccordance with the operator’s manual. 22) The PIC is prohibited from beginning a UAS flight unless (considering wind and forecast weather conditions and assuming normal cruising speed) there is enough power to fly to the first point of intended landing prior to utilizing battery reserve power. 23) The operator must obtain an Air Traffic Organization (ATO) issued Certificate of Waiver or Authorization (COA) prior to conducting any operations under this grant of exemption. This COA will also require the operator to request issuance of a Notice to Airman (NOTAM) not morethan 72 hours in advance, but not less than 48 hours prior to the operation. 24) All aircraft operated in accordance with this exemption must 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. 25) Before conducting operations, the radio frequency spectrum used for operation and control of the UA must comply with the Federal Communications Commission (FCC) or otherappropriate government oversight agency requirements. 26) The documents required under 14 C.F.R. 91.9 and 91.203 must be available to the PIC atthe Ground Control Station of the UAS any time the aircraft is operating. These documents must be made available to the Administrator or any law enforcement official upon request. 27) The UA must remain clear and yield the right of way to all other manned aviation operations and activities at all times. 28) The UAS may

not be operated by

the PIC from any

moving device or vehicle. 29) The UA may not be operated over congested or densely populated areas. These areas include but are not limited to the yellow areas depicted on World Aeronautical Charts (WAC), Sectional Aeronautical Charts (Sectionals), or Terminal Area Charts (TAC). However, aeronautical charts may not reflect pertinent local information. Ultimately, it is the PIC’s responsibility to maintain the minimum safe altitudes required by § 91.119. 30) Flight operations must be conducted at least 500 feet from all nonparticipating persons (persons other than the PIC or VO), vessels, vehicles, and structures unless: a. Barriers or structures are present that sufficiently protect nonparticipating persons from debris in the event of an accident. The operator must ensure that nonparticipating persons remain under such15

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 land owner/controllerhas granted permission and the PIC has made a safety assessment ofthe risk of operating closer to those objects and;

c. Operations near the PIC or VO do not present an undue hazard to the PIC or VO, per § 91.119(a). 31) All operations shall be conducted over private or controlled

-access property with permission fromthe land owner/controller or authorized representative. Permission from land owner/controller orauthorized representative will be obtained prior to the beginning of every flight. 32) Any incident, accident, or flight operation that transgresses the lateral or vertical boundaries ofthe 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 Board (NTSB) per instructions contained on the NTSB Web site: www.ntsb.gov. **2. Reasons Why An Exemption From The Requirements Of Section 61.113(a) And (b) Would**  **Not Adversely Affect Safety.**  Dominguez Investigation Agency submits that the equivalent level of safety established by Section 61.113(a) and (b) will be maintained because no PIC will be allowed to operate the DJI Phantom 3 UAS unless that PIC has demonstrated, through the DJI Phantom 3 UAS training and currency requirements, that the PIC is able to safely operate the DJI Phantom 3 UAS ina manner consistent with this exemption, including evasive and emergency maneuvers and maintaining appropriate distances from people, vessels, vehicles and structures. Considering Dominguez Investigation Agency’s proposed area of operations, and the operating limitations set forth

-above; the parallel nature ofprivate 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, Dominguez Investigation Agency submits that the additional manned airmanship experience of a commercially certificated pilot would not correlate tothe airmanship skills necessary for Dominguez Investigation Agency’s specific proposed flight operations. The DJI Phantom 2 series UAS was the subject of a previous Grant of Exemption from Section 61.113(a) and (b). In Exemption No. 11109, the FAA granted relief from Section 61.113(a) and (b) concerning the operation of the DJI Phantom 2 series UAS by a PIC holding a private pilot certificate and third class airman medical certificate, based upon the following analysis: The FAA has analyzed Clayco’s proposed operation and has determined that it does notdiffer significantly from the situation described in Grant of Exemption No. 11062 (Astraeus Aerial). Clayco plans to operate over private property with controlled access in the NAS. Given: 1) the similar nature of Clayco’s proposed operating environment to that of Astraeus’, 2) the parallel nature of private pilot aeronautical knowledge requirements to those of commercial requirements [ref: Exemption No. 11062], and 3) the airmanship skills necessary to operate the UAS, the FAA finds that the additional manned airmanship experience of a commercially certificated pilot would not correlate to the airmanship skills necessary for Clayco’s specific proposed operations. Therefore, the FAA finds that

a PIC holding a private pilot certificate and a third

-class airman medical certificate is appropriate for the proposed operations. With regard to the airmanship skills necessary to operate the UAS (item #3 stated above), Clayco has proposed a 100 hour training program and 6 month currency requirements. The conditions and limitations below stipulate that Clayco may not permit any PIC to operate unless that PIChas demonstrated through Clayco’s training and currency requirements that the PIC is able to safely operate the UAS in a manner consistent with how the UAS will be operated under thisexemption, including evasive and emergency maneuvers and maintaining appropriate distances frompeople, vessels, vehicles and structures.16

See Exemption No. 11109 at 12. Additionally
, 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. 25 Exemption Nos. 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110, 11112, 11136, 11138). As in Exemption No. 11109, Dominguez Investigation Agency will not allow any PIC to operate the DJI Phantom 3 UAS unless that PIC has demonstrated through the DJI Phantom 3 UAS training and currency requirements, that the PIC is able to safely operate the DJI Phantom 3 UAS in a manner consistent with this exemption, including evasive and emergency maneuvers and maintaining appropriate distances from people, vessels, vehicles and structures. A complete description ofthe DJI Phantom 3 UAS Training and Qualification requirements is set forth at page 2 of the “Flight Manual For The DJI Phantom 3 Unmanned Aircraft System (UAS),” attached hereto as Exhibit A. Exhibit A contains proprietary information and is to be held in a separate file pursuant to 14 C.F.R. § 11.35(b). **3. Reasons Why An Exemption From The Requirements Of Section 91.7(a)**  **Would Not Adversely Affect**  **Safety.** The equivalent level of safety established by Section 91.7(a) will be maintained because prior to every flight, Dominguez Investigation Agency will ensure that the DJI Phantom 3 UAS is inan airworthy condition based upon the DJI Phantom 3 UAS’s compliance with its operating documents (i.e., the DJI Phantom 3 Flight Manual), and as stated in the conditions and limitations herein. The DJI Phantom series UAS was the subject of a previous Grant of Exemption from Section 91.7(a) (Exemption No. 11109). Additionally, the FAA has previously granted relief from 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). 26 **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 UA will be provided to the PIC via GPS equipment and a radio communications telemetry data link, which downlinks from the UA to the GCS foractive monitoring ofthe flight path. This altitude information, combined with Dominguez Investigation Agency’s operation of the DJI Phantom 3 UA within visual line of sight, at or below 400 feetAGL, will ensure a level of safety equivalent to Section 91.121. The altitude information will be generated by GPS equipment installed onboard the aircraft. Prior to each flight, a zero altitude initiation point will be established and confirmed for accuracy by the UAS PIC. The DJI Phantom series UAS were the subject of a previous Grant ofExemption from Section 91.121 (Exemption No. 11109). Additionally, the FAA has previously granted relief from 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). **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 of the DJI Phantom 3 UAS; (2) The limitations on the proposed flight operations; and (3) the location of the proposedflight operations. Accordingly, Dominguez Investigation Agency will ensure that it can safely operate the battery powered DJI Phantom 3 UA during daylight hours, in VFR conditions, for a total flight duration ofno more than 15 minutes, resulting in a landing with five minutes ofbattery power17

remaining. In a previous Petition for Exemption, in which an operator was utilizing a DJI Phantom 2 Vision UAS identical in all material respects to the DJI Phantom 3 UAS Dominguez Investigation Agency proposes to use, the FAA granted an exemption from the requirements of Section91.151, stating as follows: In the event that the UAS should run out ofpower, it would simply land within the access controlled operating area. Given its weight and construction material, the risks are less than contemplated by the current regulation. Prior relief has been granted for manned aircraft to operate at less thanthe minimums prescribed in § 91.151 (a), including Exemption Nos. 2689, 5745, and 10650. Inaddition, similar UAS

-specific relief has been granted an Exemption Nos. 8811, 10808, and 10673 for day time, Visual Flight Rules (VFR) conditions. The DJI Phantom 2 Vision provides a battery failsafe that commands the UA’s return to the launch point when critical minimum voltage is reached. The UAS batteries provide approximately 35 minutes ofpowered flight. The FAA agrees with Clayco’s proposal to limit UAS flights to not more than 30 minutes, or enough battery reserve to ensure that the UAS lands at the ground station with at least 20% battery reserve power, whichever happens first. Given the limitations on its proposed operations and the location of those proposed operations,

a reduced minimum power reserve for flight in daylight VFR conditions is reasonable. See Exemption No. 11109 at 15. 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 that Dominguez Investigation Agency may safely operate the battery

powered DJI Phantom 3 UA during daylight hours in VFR conditions for a total duration of not more than 15 minutes, and landing with five minutes of battery powerremaining. Significantly
, previous exemptions granted by the FAA concerning Section 91.151 establish that safety is not adversely affected when the technical characteristics and operating limitations ofthe UAS are considered. Relief has been granted for manned aircraft to operate at less thanthe 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. 288811, 10808, 10673, 11042, 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110, 11136, 11138). **6. Reasons Why An Exemption From The Requirements Of Sections 91.405(a),**  **91.407(a)(1), 91.409(a)(1) & (a)(2), And 91.417(a) & (b) Would Not Adversely Affect**  **Safety.** In seeking this exemption, Dominguez Investigation Agency submits that the equivalent level of safety with regard to the regulatory maintenance and alteration requirements established by Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b) will be met because Dominguez Investigation Agency will use its trained technicians to perform maintenance, alterations, or preventive maintenance on the unmanned aircraft system using the methods, techniques, and practices prescribed in the manufacturer’s maintenance manual. Furthermore, Dominguez Investigation Agency will document and maintain all maintenance records for the DJI Phantom 3 UAS. Since the DJI Phantom 3 UAS will be inspected as prescribed by the manufacturer’s maintenance manual, Dominguez Investigation Agency will maintain the equivalent level of safety established by

Sections 91.405(a), 91.409(a)(1), and 91.409(a)(2). The Flight Manual For The DJI Phantom 3 UAS sets forth airworthiness requirements for the UA, including preflight and post flight inspections, as well as scheduled maintenance in four categories: daily
, weekly
, monthly, and yearly

. Likewise, the exemption sought will not adversely affect safety because Dominguez Investigation Agency will perform maintenance, alterations or preventive maintenance on the UAS using the methods, techniques, and practices prescribed by the manufacturer’s maintenance manual. The Flight Manual For The DJI Phantom 3 UAS details procedures for each component ofthe UA, including the18

components of the propulsion system, avionics system, and payloadsystem. A complete description of the DJI Phantom 3 UAS airworthiness and maintenance requirements is set forth at page 53 of the “Flight Manual For The DJI Phantom 3 Unmanned Aircraft System (UAS),” attached hereto as Exhibit A. Exhibit A contains proprietary information and is to be held in a separate file pursuant to 14 C.F.R. § 11.35(b). Furthermore, the exemption sought would maintain an equivalent level of safety established by Sections 91.407, 91.417(a) and 91.417(b), because all maintenance of the DJI Phantom 3 UAS will be performed by Dominguez Investigation Agency trained technicians, who will document and maintain maintenance records for the DJI Phantom 3 UAS. Significantly, previous exemptions granted by the FAA concerning the DJI Phantom 2 Vision series UAS and Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b) establish that safety is not adversely affected when the technical characteristics and operating limitations of the UAS are considered. In Exemption No. 11109, the FAA stated the following concerning the DJI Phantom 2 Vision UAS and the DJI Phantom 2 Vision Flight Manual: Regarding the petitioner’s requested relief from 14 C.F.R 91.405 (a) Maintenance required
, 91.407(a)(1) O

peration after maintenance, preventive maintenance, rebuilding, or alteration
, 91.409(a)(2) Inspections, and 91.417(a) and (b) Maintenance records, the FAA has determinedthat relief from § 91.409(a)(1) is also necessary because it is an alternate inspection requirement of§ 91.409(a)(2). The FAA has carefully evaluated the petitioner’s request and determined that cause for granting the exemption is warranted. The FAA notes that the petitioner’s DJI Phantom 2 VisionUAS Flight Manual contain daily, preflight, monthly and yearly checks for the UAS. The FAA finds that adherence to the DJI Phantom 2 Vision Flight Manual, as required by the conditions and limitations below, is sufficient to ensure that safety is not adversely affected. In accordance with the petitioner’s UAS maintenance, inspection, and recordkeeping requirements, the FAA finds that exemption from 14 C.F.R. 91.405(a), 91.407(a)(1), 91.409(a)(1) and (2), and 91.417(a) and (b) is warranted subjectto the conditions and limitations below. In consideration of Dominguez Investigation Agency’s proposed operating limitations, the most recentDJI Phantom 3 Flight Manual, and the technical aspects of the DJI Phantom 3 UAS, Dominguez Investigation Agency 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 presented herein (e.g. Exemption Nos. 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110, 11112, 11136, 11138). **7. The FAA May Prescribe Any Other Conditions For Safe Operation.**  In accordance with Section 333 of the FAA Modernization and Reform Act of 2012 (FMRA) and 14 C.F.R. § 21.16 entitled Special Conditions
, Dominguez Investigation Agency requests that the FAA prescribe special conditions for the intended operation of the DJI Phantom 3 UAS
, which contain such safety standards that the Administrator finds necessary to establish a level of safety equivalent to that established by 14 C.F.R. Part 21, Subpart H, and 14 C.F.R §§ 61.113(a) & (b), 91.7 (a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1 ), 91.409(a)(1) & (a)(2), and 91.417(a) & (b). Such special conditions will permit safe operation ofthe UAS for the limited purpose of conducting aerial acquisitions over certain rural areas of the United States. FMRA Section 333 sets forththe requirements for considering whether a UAS will create a hazard to users ofthe NAS or the public,

or otherwise pose a threat to national security; and further, provides the authority for such UAS to operate without airworthiness certification in accordance with any requirements that mustbe established for the safe operation of the UAS in theNAS. Likewise, the Administrator may prescribe special conditions pursuant to 14 C.F.R. § 21.16, for operation of the 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 unusual19

design features ofthe aircraft. Section 21.16, entitled Special Conditions
, states the following: If the FAA finds that the airworthiness regulations of this subchapter do not contain adequate or appropriate safety standards for an aircraft, aircraft engine, or propeller because of a novel or unusual design feature of the 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 safety standards for the aircraft, aircraft engine or propeller as the FAA finds necessary to establish a level of safety equivalent to that established in the regulations. See 14 C.F.R. § 21.16. 31 Therefore, in accordance with FMRA Section 333 and 14 C.F.R. § 21.16, the FAA mayprescribe special conditions for Dominguez Investigation Agency’s intended operation of the DJI Phantom 3 UAS, which contain such safety standards that the Administrator finds necessary to establish a level of safety equivalent to that established by 14 C.F.R. Part 21, Subpart H, and 14 C.F.R Sections 61.113(a) & (b), 9 1.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b). **F. A Summary That Can Be Published In The**  **Federal Register, stating:**  **The Rules From Which Dominguez Investigation Agency**  **Seeks Exemption:**  Dominguez Investigation Agency seeks exemptionfrom the requirements of14 C.F.R Sections 61.113(a)&(b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) &(a)(2), and 91.417(a) & (b). **A Brief Description Of The Nature Of The Exemption Dominguez Investigation Age** **ncy Seeks:**  This exemption willpermit Dominguez Investigation Agency to commercially operate an Unmanned Aircraft System (UAS) for the purpose of conducting aerial acquisitions and research over certain public areas of the United States. **G. Any Additional Information, Views, Or Arguments Available To Support**  **Dominguez Investigation Agency’s**  **Request.** This Petition is made pursuant to the FAA Modernization and Reform Act of 2012 (FMRA) Section 333, which directs the Secretary of Transportation to determine if certain UAS may operate safely in the NAS. As such, Dominguez Investigation Agency’s request for exemption may be granted pursuant to the authority

of FMRA Section 333 and 14 C.F.R. Part 11, as set forth above. FMRA Section 333 sets forth the requirements for considering whether a UAS will create a hazard to users of the NAS or the public, or otherwise pose a threat to national security; and further, provides the authority for such UAS to operate without airworthiness certification. As discussed in detail above, Dominguez Investigation Agency will operate the DJI Phantom 3 UAS safely inthe NAS, without creating a hazard to users ofthe NAS, or the public, or otherwise pose a threat to national security. **CONCLUSION** As set forth herein, Dominguez Investigation Agency seeks an exemption pursuant to 14 C.F.R. § 11.61 and Section 333 of the FAA Modernization and Reform Act of 2012 (FMRA), which will permit safe operation ofthe DJI Phantom 3 UAS commercially
, without an airworthiness certificate, for the limited purpose of conducting aerial acquisitions over certain public areas ofthe United States. By granting this Petition, the FAA Administrator will be fulfilling the Congressional mandate ofthe FAA Modernization and Reform Act of 2012, while also advancing the interests of the public, by allowing Dominguez Investigation Agency to safely, efficiently, and economically operate the DJIPhantom 3 UAS commercially within the NAS. **WHEREFORE**, in accordance with the Federal Aviation Regulations and the FAA Modernization and Reform Act of 2012, Section 333, Dominguez Investigation Agency respectfully requests that the Administrator grant this Petition for an exemption from the requirements of 14 C.F.R Sections 61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b), and permit Dominguez Investigation Agency to operate the DJI Phantom 3 UAS commercially for thepurpose20

of conducting aerial acquisitions, investigations, crime scene video rendering and research over certain public areas of the United States.21

Dated: June 8th

, 2015 Submitted on behalf of Dominguez Investigation Agency, DBA “Portal Investigation” New Mexico Regulation and Licensing Department License #2729

Matthew Dominguez Owner /Investigator Dominguez Investigation Agency PO BOX 15625 Rio Rancho, NM 87174

-0625

Email: 

### mdominguezdia@gmail.com mattd@portalinvestigation.com