### September 8, 2015 CraigW, 

### Spirko 6921 Paseo Del Serra Los Angeles, CA 90068 Mobile: 323-691-9191 Email: mail@spirko.com Docket Operations, M-30; U.S. Department of Transportation (DOT), 1200 NewJerseyAvenue, SE., RoomW12-140, West Building Ground Floor, Washington, DC 20590-0001 RE: Exemption Request Section 333 of the FAA ReformAct of 2012 References: 1) FAA Exemption No. 11138, Regulatory DocketNo. FAA20140481 in the matter of the petition of DOUGLAS TRUDEAU 2) FAA Exemption No. 11136, Regulatory DocketNo. FAA-2014-0508 in the matter of the petition of ADVANCED AVIATION SOLUTIONSLLC 3) FAA Exemption No. 11080 Regulatory DocketNo. FAA20140355in the matter of the petition of FLYING CAM INC

Dear Sir orMadam, In accordance with the FAA's Guidelines forSubmitting aPetition forExemption undersection 3 3 3 

## ifthe FAAModernization andReformAd

## if2012, I CraigW Spirko, referred to hereafter as the petitioner, request exemption from the following sections of Title 14, Code of FederalRegulations§§ 61.113(a); 61.113(b); 91.119(c); 91.121; 91.151(a); 91.405(a); 91.407(a)(1); 91.409 (a)(1); 91.409(a) 

### (2); 91.417(a) & (b); 

### In order to operate small unmanned aircraft systems (UAS) commerciallyin airspace regulated by the FederalAviation Administration (FAA) for the purposes of aerial photography, cinematography, videography, and**othe~** 

### flight operations that could beperformed safely and more cost effectively with the use of small UAS atlow altitude within the U.S. national airspace system as compared to a manned aircraft. Operations will

### be performed only at the request of andwith the authorization and permission of clients or their authorized agents in order to facilitate commerce andraise awareness of the beneficial uses of small unmanned air systems. So long as such operations are conductedwithin andunderthe conditions outlined herein or as may be established by the FAA as required by Section 333. The conditions identified andproposedby the petitioner are drawn from references 1-3.

### TheFARs The petitioner seeks exemption from the above mentioned PARs for the following reasons; 61.113(a) & 

### (b); Thepetitionerrequests relief in order to facilitate the utilization of an experienced UAS operator with the addition of a trained observer. All pre-flightinspection, maintenance and flight logs will be saved andmade available to the FAA and Secretary of Transportation (SoT) for review; with the purpose of safely integrating civil UAS operationin the NationalAirspace System. 91.119(c) As discussed in Exemption 11138 (DOUGLAS TRUDEAU), operations conducted closer than 500 feet to the ground mayrequire that the UA be operated closer than 500 feet to essentialpersons, or objects thatwould notbepossible without additionalrelief. Thepetitioner requests modification, waiver or exemption and clarification concerning the terms "congestedareas" and "densely populated". Thepetitionerrequests waiver for this condition to allow reasonable andresponsible operations in areas of subdivisions and neighborhoods if required. Thepetitionerwill primarily operate the UAS between ground level and 200 feet. TheUAS 

### willbe operated over designatedproperties with the owner's consent andwhile maintaining a safe distance from persons. The petitioner will compile flight data from the logs. This data may assist the FAA in development of regulations for commercial operations in low-risk, controlled environments. 91.121 As discussed in Exemption 11138 (DOUGLAS TRUDEAU) is inapplicable since the UAS does not have an altimeter andinstead utilizes electronic GPS with a barometric sensor for altitude information. 91.151(a) As discussed in Exemption 11136 (ADVANCED AVIATION SOLUTIONS LLC) priorrelief has been granted for manned aircraft to operate at less than the prescribed minimums, including Exemption Nos. 2689, 5745, and 10650. In addition, similar UAS specific relief has been grantedin Exemption Nos. 8811, 10808, and 10673 for daytime, VFR conditions. The UAS provides battery power remainingin percentto the PIC. The UAS batteries provide approximately 25 minutes of powered flight. Informationprovidedin the operating documents discusses procedures regarding remainingbatterypowermanagement. Those documents contain a conditioninwhich the PIC will initiate a landing procedurewhen batteryremaining reaches a specified level. Given the limitations onproposed operations and the location of those proposed operations, The FAA found that a reduced minimumpowerreserve for flight in daytime VFR conditions was reasonable. 91.405(a); 91.407(a)(1); 91.409 (a)(1) & 

### (2); 91.417(a) & (b) As discussedin Exemption 11138 (DOUGLAS TRUDEAU), The petitionerproposes to inspect and ensure that the UAS is in a condition for safe flight in accordance with the operating documents. The FAA found that adherence to the petitioner's operating documents and the conditions andlimitations specified, describing therequirements for maintenance, inspection, andrecord keeping, were sufficient to ensure that safetywould notbe adversely affected. 

### TheUAS The DJI Phantom 3 is a highly successful consumer grade small rotorcraftin the quadcopter configurationwith an advertisedweight of 9.2 lbs. designed primarily to carry aloftits integrated high definition camera. Ithas an advertised maximum speed of less than 32 knots (16m/s) and a maximum climb rate of less than 1200 feet perminute (6 m/s). Itis poweredby four electric motors with a distance between motors of less than 14inches (350mm). Itutilizes aninternalinertial measuringunit (IMU) with integratedbarometric sensor augmentedwith global positioning system (GPS) to maintain its geospatial orientation andposition. Itis controlledprimarily through an FCC certified radio control 

### (RC) unit. Real time video and telemetryinformation is transmitted back to a ground control station allowing the operator and/orPIC to monitor batterylevel, GPS signal strength, altitude (AGL), distance from PIC, cameraimagery, and control camera angle. Ithas failsafe modes of operation for either loss of RC or GPS signal. Altitude can belimited by the onboard flight controller and maximum altitude canbepreprogrammedby the PIC. Batterylife limits flight times to approximately 20 minutes. The onboard flight controller will warn the pilotvia telemetry and external lighting cues beforereaching a low battery state. An automatic termination of flight and landingwill beinitiatedwhen thebatteryreaches a predeterminedlow state. Itis anticipated that flights will usually lastless than 10 minutes. Moreinformationis available in attachment 1. 

### Riskmitigation Thepetitioner has reviewed FAA exemptions reference's 1-3 

### Conditions andLimitations section and believes that the procedures specified therein are reasonable andwill beutilized in order to manage and mitigate risk and ensure public safety. A preflight checklistwill be developed and employed to ensure that the UA airworthiness will beverified beforelaunch. Airworthiness willbemaintainedby performance of routine inspections before each flight, maintaining flight and maintenance logs to record time on failure prone components. These documents will be made available to the FAA and SoT to assist in future implementation of safety standards andregulations. The petitionerwill only operate the UAS over designated properties with the owner's consent. Flightplans will be predetermined to limit the UASs flight time andlimit safety concerns. The petitionerwill take into account distance from persons andpotential flight obstacles prior to operatingthe UAS. UAS operation will always be withinVLOS of the PIC and the observer. 

### Public interest Use of the UAS inlieu of a manned aircraft would enhance safety andreduce the environmental impact as comparedto similar operations conductedwith manned aircraft of greater proportions, carrying a crew and flammable fuel. Additionally, use of the UAS in order to facilitate commerce couldlead to economic growth. Operations for this petition will enable service for property owners or their designees seeking an enhancedperspective for characteristics, amenities, andbenefits of their desired photographic subjects that cannotbe displayed through groundlevelvideography/ photography. Aerialphotographyis a valuable marketing tool that can lead to increased commerce and enhancepersonalphotography. Aerial surveying andinspections canincrease work site efficiency, improve volumetric estimations andreduce risks. The petitioner will provide clients with photographic data for these purposes on a 'for hire' basis acting as an independent contractor. A visual observerwill beutilized. Flight data includingUA flight time, ControlUnit operation time,incident, accident, and details concerning any deviations from normal operations will be available to FAA for use in collecting data regarding the use of UAS as part of this application. This data may be submitted to FAA via traditional means or othermeans as required. 

### PIC and Conclusion Thepetitioneris a 

### f:tltn and television Director/Director of Photographywith 30 yrs. professional experience, a Private Pilot (Certificate Number: 3567612) with a currentThird Class Medical Certificate and 700+ hrs. total flight time, a Light SportRepairman (Certificate Number: 3567612,) as well as an avid UAS enthusiastwith more than 10 yrs. experience flying radio controlled aircraft. The petitioneris requesting this exemption for thepurposes of "aerialphotography, cinematography, videography, inspections and other flight operations." The petitioner has and

### will refrain from engagingin commercialuse of UAS until suchtime as itcan be done safely and legally. Of course persons andproperty safety is paramount, and the petitioner would also never considerjeopardizinghis privileges as a Private Pilot and aircraft owner.

Respectfully submitted,

# PHANTOM 3

Quick Start Guide V1.2 ttachment 1 Spirko Section 333 Exemption Request 

### Phantom 3 Professional

It's time to meet your Phantom 3 Professional. The Phantom 3 Professional's camera recolds video at up to4K and captures 12 megapixel photos. Review the diagram belowfor afull list ofyour Phantom 3 Professional's parts:

1. Gimbal and Camera 9 A1rcraft Status Indicators 2. Vision Positionmg System 10 Antennas 3 Camera M1cro-SD Card Slot 11 Intelligent Flight Battery 4 Aircraft Micro-USB Port 12 Power Button 5. Camera Status Indicator 13. Battery Level Indicators 6. Front LEOs 14. L1nk Button 7 Motors 15. Camera Micro-USB Port 8 Propellers

### Appendix

• Aircraft Weight (Including Battery) Max. Ascent Speed Max. Descent Speed Max Speed Max Flight Altitude Max Flrght Time Operating Temperature Range GPS •Gimbal Controllable Range
• Vision Positioning Velocity Range Altitude Range Operating Range Operating Environment
• Camera Sensor lens ISO Range Electronrc Shutter Speed Image Max Size Sllfl Photography Modes

Video Recordrng Modes

Max. Bitrate ofVideo Storage Supported File Formats Supported SO C.<Jrd Types Operating Temperature Range

• Remote Controller Operatmg Frequency Max. Transmission Drstance Video Output Port Operating Temperature Range Battery Mobile Devrce Holder Transmitter Power (EIRP} Working Voltage
• Charger Voltage Rated Power j280g 5m/s 3 m/s 16 m/s (ATil mode, no wind) 6000 m Approximately 23 mtnutes 0°C to 40°C GPS/GLONASS

Pitch·
- 90° to +30° I

### ~

# ~<aQ**~** _; sf"1,0 zB9"'"' <8 m/s (Altitude 2m) 30 cm-300 em 30 cm-300 em**~**

Surface with clear pattern and adequate lighttng (lux> 15)
Sony EXMOR 1/2 3" Effecttve ptxels:12.4 M (total pixels 12.76 M) FOV (Field OfView) 94° 20 mm (35 mm format equivalent) f/2 8 100-3200 (vtdeo) 100-1600 (photo) 8 s-1/8000 s 4000 X 3QQQ Stngle shot Burst shoottng 3/5/7 frames Auto Exposure Brackettng (AEB): 3/5 bracketed frames at 0.7EV Bias Time-lapse UHD. 4096x2160p 24/25, 3840x2160p 24/25/30 FHD 1920x1080p 24/25/30/48/50/60 HD· 1280x720p 24/25/30/48/50/60 60Mbps FAT32/exFAT Photo JPEG, DNG Vtdeo. MP4/MOV (MPEG-4 AVC/H 264) Mtcro-SD, Max capacity 64GB. Class 10 or UHS-1 rating required O"C to 40"C

2 400 GHz-2.483 GHz 2 km {outdoors and unobstructed) USB O"Cto40"C 6000 mAh LiPo 28 Tablets and smartphones FCC: 20 dbm; CE:16 dbm 1.2A@74V

17 4v 100W

# ~**~~** 

### "' 71mm • Intelligent Right Battery ( PH3-4480 mAh-15.2 V)

### ~

Capacity 4480 mAh Voltage 15.2 V Battery Type UPo 4S Energy 68 Wh NetWeight Operating Temperature Max. Charging Power 365g -10°C to 40°C 100W

*- Thts Quick Start Gutde is subjectto changewithout prior notice. C€1313£RollS ll
FCCID: SS3WM3231SD3 FCCID; SS3·GL3001SDI**Thisdeviceccmplie•withpatllSollheFCCRul~"" Operaliooi•subje<:ttothefollowi~glwacondltians.**  {I)Thisde.;cemaynotc.omeharmfulinterference.and {2)this<levicemu•la«<eptanyinterferencereceive<l.including

interferencethatmaycau.eunde•iredoperatiorl. Preparing Your Phantom 3 Professional Before Flying

Read the User Manual and watch the video tutorials in the OJ! GO app or on the official OJI website (WNW.dji.com), and read the following documents included in the box before using your Phantom 3 Professional for the first time: Phantom 3 Professional Quick Start Guide, Phantom 3 Professional IAdvancedSafetyGuidelines andDisclaimer, Phantom 3 Professional I AdvancedIntelligentFlightBatterySafety Guidelines, In the Box. 1. Download the OJI GO App Search 'DJI GO' on the App Store or Google Play and download the OJ! GO app to your mobile device.

OJI GO app 2. Watch the Tutorial Videos Watch the tutorial videos on www.dji.com or in the DJI GO app.

Phantom 3 tutorial videos

• For the best experience, use a mobile dev1ce that runs tOS 8.0 or above or Androtd 4.1.2 or above.

3. Check Battery Levels Pressing the Power Button once on either your Intelligent Flight Battery or Remote Controller displays the battery level. Be sureto fully charge both batteries beforeyourfirst flight.

Low .- Battery Level _,.. Htgh Low .- Battery Level _,.. Htgh ©©:©i:®

c 'r' oo oo

### :'oo:® '"

4. Charging the Batteries

• Only use the official DJJ Phantom 3 Professional charger. Remove the Intelligent Flight Battery from the aircraft before

charging. • It is recommended that you turn off the Intelligent Flight Battery or Remote Controller before charging. • Connect the chargerto a suitable power source (1 00-240V 50/60Hz). • Connect the chargerto the Intelligent Flight Battery or Remote Controller. The LEOs will displaythe current charge level,

and when fully charged, they will automatically turn off.

Remove the Intelligent Flight Battery 

# Pute

## -"' • Manual Takeoff and Landing (Stick configurations are for MODE 2): Start the motors by pulling both control sticksto the bottom inside (or outside) corners. Release the st'1cks once the motors start. Slowly push the left stick (throttle stick) up to takeoff.

Start IStop the motors Left stick up (Slowly) 

# [G.**~~sal·** To land, gently pull the left stick (throttle stick) down to lower the aircraft until 'rt touches the ground. Then pull both sticks to the bottom inside corners to stop the motors.

Left st1ck down (Slowly) 

# Q

• Never stop the motors mid-flight. otherw1se the a1rcraft Will crash. Only stop the motors when on the ground or as required 1n emergency situations to reduce the risk ofdamage or Injury. • You cannot takeoff 1f the Intelligent Flight Battery is not sufficiently charged and the Critical low Battery Warning is active. • The Intelligent Fl1ght Battery must warm up if the outside temperature IS low Awarn1ng will appear 1n the DJI GO app in thiS scenano • Once spinn1ng, the rotating propellers can be dangerous Do not start the motors when there are people nearby and always fly in a wide-open area • Power off your Phantom 3 Professional before switchmg off tho Remote Controller after landing • Return to Home: 1. Press and hold the Return to Home Button on your

Remote Controller until the LED surrounding the button starts bknking white and starts beeping. Your Phantom 3 Professional**~viii** return to the set Home Point. Press the button once to stop the procedure. 2. The DJI GO app will warn you if your Phantom 3 Professional's battery level falls underacertain level. This warning threshold can be set in the app. The aircraft will land immediately if the battery power reaches a critical level and the Critical Low Battery Level Warning appears.

# ~ 

# • 3. Failsafe: The Phantom 3 Professional will enter Return to Home Mode ifthe signal to the Remote Controller is lost.

RTH Button The app's RTH Button • While returning home. you can still control your Phantom 3 Professional's altitude to avoid any obstacles
Appendix Aircraft Status Indicators Remote Controller Status LED #- Slowly: Safe to fly, GPS working :jit Remote Controller is functioning normally,

. but is not connected to the aircraft. ::'@;;'::: X2 Continuously: Vision Positioning**~-~** . . . ''' s stem workin , no GPS**\~J** Rem_ote Controller 1s**func~Jonmg** normally y g and IS connected to the a1rcraft. R- Slowly: P-ATTI or ATTl Mode :::R-:: Quickly: Not connected

to the Remote Controller**:::~:::** B-8-B

... Aircraft Low Battery Level Waming ''' or Remote Controller error. ij; 8-8-

... Remote Controller has been idle for 5 minutes. 

### :+: Slowly: Low Battery Level Warning**:::~:::Quickly:** Critical Low Battery Level Warning

·• Solid: Critical error**:::~:::**/:8: Blinking Alternately: Compass calibration required

For more 1nformatron: http://www.dji.com/phantom3 Camera Controls

• Adjust the camera parameters using the Camera Settings Dial on the Remote Controller or through the DJI GO app. Press the Shutter Button or Video Recording Button to capture photosor record videos.

• Adjust the gimbal's tilt using the Gimbal Dial.

• Download photos and videos from

the Micro-SO card to your mobile device through the DJI GO app. You can also use a SO-card reader to exportfiles toyour computer.

©2015 DJI. All Rights Reserved**D~,., ~~a**  b, DJI**P"~tc>d ,~**  Ch,no 

# PHANTOtv13