## Andrew E. Messinger

100 Haines Road, #1001

Bedford Hills, NY 10507

August 19, 2015

U.S. Department of Transportation, Docket Operations

West Building Ground Floor, Room W12

- 140

1200 New Jersey Avenue, SE

Washington, DC 20590

RE: Request for exemption under Section 333 of the FAA Modernization and Reform Act of

2012 and 14 CFR Part 11

Petitioner, Andrew E. Messinger pursuant to the provisions of the Federal Aviation Regulations

(14 C.F.R. § 11.61) and the FAA Modernization and Reform Act of 2012 (FMRA), Section 333,

Special Rules for Certain Unmanned Aircraft Systems, hereby petitions the Administrator to

commercially operate the Unmanned Aerial Systems (UAS) known as DJI Phantom 3 Professional

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(a)(1), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (2), and

91.417(a) & (b), so long as such operations are conducted within and under the conditions outlined

herein or may be established by the FAA as required by Section 333.

This UAS would be operated to conduct aerial videography and photography for the

purposes of : wildlife tracking, invasive plant species tracking and documentation, landscape and

garden mapping a nd documentation, identification and location of insect infestations in forest and

woodland canopy, freshwater wetland survey , pho tography and videography, structural gutter and

roof inspection, daylight search and rescue

.This request is based on the grounds (1) the current regulations identified above are not

practically applicable or create an undue burden upon the operation of my UAS

, (2) the operations of

my UAS's would be conducted to meet or exceed the safety requirements mandated by the FAA, and

(3) the operations of the UAS's would be in the public interest.

In accordance with 14 C.F.R. § 11.81, Andrew E. Messinger provides the following

information in support of its petition for exemption:

Name And Address Of The Petitioner: The name and address of the Petitioner and point of

contact is:

Andrew E. Messinger

100 Haines Road, #1001

Bedford Hills, New York 10507

914

- 263

- 4796

Email: Hamptongar@aol.com

Description of Operations

The Petitioner

, Andrew E. Messinger

, is a U.S. Citizen who resides in the State of New York

and is the proposed Pilot In Control (PIC) who would operate the UAS in question. Mr. Messinger

is a professional horticulturist, naturalist

, photographer and a licensed Private Pilot (certificate #

73386531 issued 6/23/ 1992 ) with over 200 hours of logged time as a Pilot in Command and also has

over 100 hours of experience training with a DJI Phantom 2 on private property below 300 feet AGL.

The petitioner is currently logging practice flight time with the DJI Phant om 3 Professional for

which he is seeking this exemption

.

Mr. Messinger will be providing t he follow ing services:

• Film and photograph the extent and seasonal changes in the coverage of herbaceous

invasive species on contracted land.

• F ilm , photograph and su rvey locate landscape and garden elements on contracted

private property.

• Film and photograph wildlife on contracted property to provide information on their

presence in exclusionary areas.

• Film and photograph roof and gutter conditions on certain structures so that this dangerous

work does not have to be done by employees using ladders.

• Film, photograph and document the presence of insects and their damage in tree and forestcanopy.

• Film, photograph and document wetland and wetland buffer areas for use in wetland

management, regulation and enforcement.

• Assist as requested in daytime search and rescue operations.

Unmanned Aircraft Systems: DJI Phantom 3 Professional

Andrew E. Mesinger seeks an exemption to operate DJI systems for compensation or hire

within the NAS. The DJI Phantom 3 Professional is vertical takeoff and landing (VTOL)

Unmanned Aircraft (UA) with a Ground Control Station (GCS) utilizing an electronic tablet or smart

phone systems. The DJI Phantom 3 Professional has a maximum gross weight of approximately 2

pounds 11 ounces, while having a length of 16 inches width of 16 inches, height of 8 inches, and a

maximum speed of approximately 29 knots. The DJI Phantom 3 Professional UAS is equipped with

four main rotors; driven by Lithium Polymer battery powered electric motors.

The DJI Phantom 3 Professional UAS that will be operated by Mr. Messinger 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.

A complete description of the operation and specifications of the DJI Phantom 3 Professional

and flight control software is provided at pages 35 through 39 of the DJI Phantom 3 Professional

User Manual . The DJI Phantom 3 Professional User Manual is attached hereto.

In consideration of the speed, weight, size, and limited operating area associated with the

unmanned aircraft and its operation, Mr. Messinger’s operation of DJI Phantom 3 Professional UAS

meets the conditions of FMRA Section 333 and therefore, will not require an airworthiness

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

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

The DJI Phantom 3 Professional UAS do es 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, and

operational capability.The DJI Phantom 3 Professional Autonomous Flight And Navigation Modes e nable The

UAS t o r emain w ithin A d efined o perational a rea. The DJI Phantom 3 Professional UAS may be

operated in both manual and fully autonomous flight modes. A complete description of the flight

and navigational modes of the DJI Phantom 3 Professional UAS is provided at pages 11

- 15 and 40

-

45 of the DJI Phantom 3 Professional User Manuals (V 1.4 released August, 2015 )

, attached hereto.

The DJI Phantom 3 Professional UAS Is Designed For Automatic Return To Home Point Or

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

When the Control Link is lost, the DJI Phantom 3 Professional UA S will remain stationary,

in flight, for 3 seconds or more. If, after 3 seconds, the DJI Phantom 3 Professional UAS does not

reacquire control link data from the GCS, the UAS will assume that the Control Link is lost and the

UAS will return to the home position at a pre

- determined altitude (i.e., failsafe mode) via GPS, and

will descend to the takeoff position and shutdown.

A complete description of the Failsafe Functions of the DJI Phantom 3 Professional UAS is

set forth at pages 12 through 14 in the attached manual.

Accordingly, Andrew E. Messinger requests relief from Sections 91.405(a), 91.407(a)(1),

91.409(a)(1) & (2), and 91.417(a) & (b), as these sections set forth requirements for maintenance

that only apply to aircraft with an airworthiness certificate.

Request for Relief from requirements of Section 61.113(a) & (b)

Andrew E. Messinger 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

Professional 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 Professional UAS in a manner

consistent with the exemption, including evasive and emergency maneuvers and maintaining

appropriate distances from people, vessels, vehicles and structures.

Specifically, the PIC must have accumulated and logged, in a manner consistent with 14

C.F.R. § 61.51(b), 25 hours of total time as a UAS rotorcraft pilot (with a minimum of 5 hours ofthose hours as a UAS pilot operating the same make and model of UAS to be used for operations

under the exemption). In addition to the hour requirements, the PIC must accomplish 3 takeoffs and

landings in the preceding 90 days (for currency purposes).

Considering Mr. Messinger ’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 Professional

, Andrew E. Messinger submits that the additional

manned airmanship experience of a commercially certificated pilot would not correlate to the

airmanship skills necessary for Mr. Messinger’s specific proposed flight operations.

Further, Mr. Messinger submits that all flights of the DJI Phantom 3 Professional UAS

,

conducted by the PIC pursuant to the grant of this Petition: (1) will be incidental to Mr. Messinger’s

business; and (2) will not carry passengers or property for compensation or hire.

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).

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 Mr. Messinger’s proposed operations. The Administrator has held that prior documented

flight experience that was obtained in compliance with applicable regulations would ensure safe

operations, stating as follows:

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

purpose of motion picture filming (or similar operations), the PIC must have accumulated

and logged, in a manner consistent with 14 CFR 61.51(b), 25 hours of total time as a UAS

rotorcraft pilot including at least 10 hours logged as a UAS pilot with a multi

- rotor UAS.

Prior to operations under Exemption No. 11062, the PIC must also have accumulated and

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

be used for operations under the exemption. For clarification, the FAA considers these

minimum hour requirements to be inclusive rather than additive; i.e. 5 hours make and

model time may be included in the 10 hours of multi

- rotor time and the 10 hours may be

included in the total 25 hours of UAS rotorcraft time. In addition to the hour requirements,

the PIC must accomplish 3 takeoffs and landings in the preceding 90 days (for currency

purposes). The FAA finds that at a minimum, the flight

- hour requirements in Exemption No.

11062 are appropriate to practice and build proficiency in the skills necessary to safelyconduct the petitioner’s proposed operations. The FAA 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 be conducted under

the grant of exemption to accomplish the required flight time. During training, proficiency,

and experience

- building flights the PIC is required to operate the UA with appropriate

distances in accordance with 14 C.F.R 91.119.

Exemption No. 11138 at page 9

.

Request for Relief from Section 91.7(a)

Andrew E. Messinger seeks relief from Section 91.7(a), entitled Civil aircraft airworthiness,

because the DJI Phantom 3 Professional and DJI Inspire 1 UAS's do not require an airworthiness

certificate in accordance with 14 C.F.R. Part 21, Subpart H. As such, Mr. Messinger submits that

he will ensure that the DJI Phantom 3 Professional UAS are in an airworthy condition, prior to

every flight, by determining that the UAS is in compliance with the operating documents (i.e., DJI

Phantom 3 Professional Manual) prior to every flight. The equivalent level of safety established by

Section 91.7(a) will be maintained because prior to every flight, Mr. Messinger will ensure that the

DJI Phantom 3 Professional UAS is in an airworthy condition based upon the UAS’s compliance

with its operating documents and as stated i n the conditions and limitations herein.

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, 11150,

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

Request for Relief from requirements of Section 91.119(c)

Andrew E. Messinger also seeks an exemption from the requirements of Section 91.119(c),

entitled Minimum Safe Altitudes, as the DJI Phantom 3 Professional UAS will not exceed an

altitude of 500 feet AGL and would not comply with this requirement.

Request for Relief from requirements of Section 91.121

Andrew E. Messinger also seeks an exemption from the requirements of Section 91.121,entitled Altimeter Settings, as the DJI Phantom 3 Professional UAS will not have a typical

barometric altimeter onboard. However, altitude information of the DJI Phantom 3 Professional and

UAS will be provided to the PIC via Global Positioning System (GPS) equipment and radio

communications telemetry data link, which downlinks from the UA to the GCS for active

monitoring of the flight path. This altitude information, combined with Mr. Messinger operation of

the DJI Phantom 3 Professional UAS within visual line of sight, at or below 500 feet AGL, will

ensure a level of safety equivalent to Section 91.121. As more fully set forth herein, an equivalent

level of safety will be maintained since the DJI Phantom 3 Professional UAS are equipped with a

barometric pressure sensor and GPS equipment, which automatically ensures that a ground level

pressure setting will be established prior to each flight, and provides the PIC with altitude

information of the UA on the heads

- up display of the GCS.

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, 11150, 11153,

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

Request for Relief from requirements of Section 91.151(a)(1)

Additionally, Andrew E. Messinger seeks an exemption from the requirements of Section

91.151(a)(1), entitled Fuel requirements for flight in VFR conditions. Mr. Messinger submits that

safety will not be affected by operation of the DJI Phantom 3 Professional UAS during daylight

hours in visual meteorological conditions (VMC) under visual flight rules (VFR), with enough

battery power to fly for a total duration of approximately 13.5 minutes to the first point of intended

landing and, assuming normal cruising speed, to fly after that for at least 4.5 minutes.

Mr. Messinger seeks the requested relief because without an exemption from Section

91.151(b), the flight time duration of the battery powered DJI Phantom 3 Professional UAS will

severely constrain the practicality of any aerial video or still photo flight operations that Mr.

Messinger proposes to conduct pursuant to this Petition.

A grant of this 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 3Professional UAS (2) the limitations on the proposed flight operations; and (3) the location of the

proposed flight operations. Accordingly, Andrew E. Messinger will ensure that it will safely operate

the battery powered DJI Phantom 3 Professional UAS during daylight hours in VFR conditions,

with enough battery power to fly for a total duration of 13.5 minutes to the first point of intended

landing and, assuming normal cruising speed, to fly after that for at least 4.5 minutes.

Here, as in Exemption No. 11109, the technical specifications of the DJI Phantom 3

Professional UAS ; the limitations on the proposed flight operations; and the location of the

proposed operations, will ensure an equivalent level of safety established by 14 C.F.R. Section

91.151(b). Furthermore, safety will be ensured as the DJI Phantom 3 Professional UAS provide s

audible and visual warnings to the PIC at the GCS when the UAS experiences low battery voltage,

the first warning occurring at approximately 33% remaining battery power, and again at

approximately 10% remaining battery power. At the critically low battery level, the DJI Phantom 3

Professional UAS will descend and land automatically. Although these safeguards are in place, the

PIC will ensure the UAS is within sufficient proximity to return and land safely with no less than

15% remaining battery power.

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 of

the 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 previo usly 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).

Request for Relief from requirements of 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 apply

to aircraft with an airworthiness certificate, Andrew E. Messinger requests relief from these Sections

because the DJI Phantom 3 Professional UAS do es not require airworthiness certificates. As setforth more fully below, the DJI Phantom 3 Professional UAS meet the conditions of FMRA Section

333 for operation without an airworthiness certificate. Accordingly, Mr. Messinger 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., DJI Phantom 3

Professional Manual). Furthermore, Mr. Messinger will document and maintain all maintenance

records for the DJI Phantom 3 Professional UAS

.

In seeking this exemption, Andrew E. Messinger 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 Mr.

Messinger will use trained technicians to perform maintenance, alterations, or preventive

maintenance on the UAS's using the methods, techniques, and practices prescribed in the operating

documents (i.e., DJI Phantom 3 Professional Instruction Manual). Furthermore, Mr. Messinger will

document and maintain all maintenance records for the DJI Phantom 3 Professional UAS

.

Significantly, previous exemptions granted by the FAA concerning 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 consideration of Mr. Messinger ’s proposed operating limitations, the operating documents,

and the technical aspects of the DJI Phantom 3 Professional UAS

, Mr. Messinger 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, 11150, 11153, 11156, 11157, 11158, 11159, 11160, 11161).

Public Interest Considerations

Granting the present Petition will further the public interest by allowing Andrew E.

Messinger to safely, efficiently, and economically perform aerial video and photography of

construction sites, forested areas, conservation areas, real estate, and landscape s over certain areas

of the United States.Promotes public safety and proper operations: The commercial operation of Mr. Messinger 's

UAS allows interested parties to receive and gather information to identify and document unsafe

conditions, malfunctions, or otherwise potentially dangerous conditions and infestations as well as

the loss of natural resources

.

Provides natural resource assessment : Th e commercial operation of Mr. Messinger 's UAS

allows interested parties to receive geographical and visual data in the form of video and photos in

such an efficient and cost

- effective manner to provide opportunities for tracking, detection and

correction of issues in public and private forest areas and freshwater wetlands.

Flights Of DJI Phantom 3 Professional and DJI Inspire 1 UAS's Will Be Conducted Pursuant

To Specific Operating Limitations.

In seeking this exemption, Andrew E. Messinger proposes to commercially operate DJI

Phantom 3 Professional UAS for the special purpose of conducting aerial video and photography

over certain areas of United States, pursuant to the following specific operating limitations:

1. Operations authorized by this grant of exemption will be limited to the following aircraft

described in the operating documents, rotorcraft UAS's weighing less than 55 pounds

maximum gross weight: DJI Phantom 3 Professional Unmanned Aircraft Systems.

Proposed operations of any other aircraft will require a new petition or a petition to amend

this grant.

2. UAS operations under this exemption will be limited to conducting operations for the

purpose of aerial video and photography and data collection as indicated.

3. The UAS may not be flown at an indicated airspeed exceeding 20 knots.

4. The UA must be operated at an altitude of no more than 500 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 in feet AGL.

5. The UAS must be operated within visual line of sight (VLOS) of the PIC at all times. This

requires the PIC to be able to use human vision unaided by any device other than

corrective lenses, as specified on the PIC’s FAA

- issued airman medical certificate.6. The use of first person view (FPV) by the PIC or visual observer (VO) is not permitted.

7. 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. 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 of the flight. The PIC must ensure that the

VO can perform the functions prescribed in the operating documents.

8. The VO 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

permitted to operate the camera or other instruments.

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

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

between the conditions and limitations contained in the grant of exemption and the

procedures outlined in the operating documents, the conditions and limitations contained in

the grant of exemption take precedence and must be 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 present updated and revised documents if it petitions for extension or amendment to

the grant of exemption. If the operator determines that any update or revision would affect

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

amendment to its grant of exemption. The FAA’s UAS Integration Office (AFS

- 80) may be

contacted if questions arise regarding updates or revisions to the operating documents.

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

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

aircraft is prohibited from operating until the necessary maintenance has been performed and

the UAS is found to be in a condition for safe flight. The Ground Control Station must be

included in the preflight inspection. All maintenance and alterations must be properly

documented in the aircraft records.

11. Any 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. The PIC who conducts the functional test flight must make an entry in

the aircraft records.

12. The pre

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

components, items, or equipment, not already covered in the relevant sections of the

operating documents.

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

overhaul, replacement, inspection, and life limit requirements.

14. The operator must carry out its maintenance, inspections, and record keeping requirements,

in accordance with the operating documents. Maintenance, inspection, alterations, and

status of replacement/overhaul component parts must be noted in the aircraft records,

including total time in service, description of work accomplished, and the signature of the

authorized person returning the UAS to service.

15. Each UAS's operated under this exemption must comply with all manufacturer Safety

Bulletins.

16. The authorized person must make an entry in the aircraft record of the corrective action

taken against discrepancies discovered between inspections.

17. The PIC must possess at least a private pilot certificate and at least a current third

- class

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

consistent with how the UAS will be operated under the 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 with14 C.F.R. § 91.119.

19. 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).

20. The UA may not operate within 5 nautical miles of an airport reference point as denoted on a

current FAA

- published aeronautical chart unless a letter of agreement with that airport’s

management is obtained, and the operation is conducted in accordance with a NOTAM as

required by 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 or when visibility is less than 3 statute miles from the PIC.

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

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

accordance with the operating documents.

23. The PIC must abort the flight in the event of unpredicted obstacles or emergencies in

accordance with the operating documents.

24. The PIC is prohibited from beginning a flight unless (considering wind and forecast weather

conditions) there is enough power to fly at normal cruising speed to the intended landing

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

25. The operator must obtain an Air Traffic Organization (ATO) issued Certificate of Waiver or

Authorization (COA) prior to conducting any operations under the grant of exemption. This

COA will also require the operator to request a Notice to Airman (NOTAM) not more than

72 hours in advance, but not less than 48 hours prior to 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 transponder requirements.

26. All aircraft operated in accordance with the 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.

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.F.R. 91.9 and 91.203 must be available to the PIC

at the Ground Control Station of the UAS any time the UAS is operating. These documents

must be made available to the Administrator or any law enforcement official upon request.

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

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

(persons other than the PIC, VO, operator trainees or essential persons), vessels, vehicles,

and structures unless:

(a) Barriers or structures are present that sufficiently protect nonparticipating persons

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

that nonparticipating persons remain under such protection. If a situation arises

where nonparticipating persons leave such protection and are within 500 feet of

the UA, flight operations must cease immediately and/or;

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

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

the PIC has made a safety assessment of the risk of operating closer to those

objects and determined that it does not present an undue hazard, and;

(c) Operations nearer to the PIC, VO, operator trainees or essential persons do

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

(d) 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.

32. Any incident, accident, or flight operation that transgresses the lateral or vertical

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

to the FAA's UAS Integration Office (AFS

- 80) within 24 hours. Accidents must bereported to the National Transportation Safety Board (NTSB) per instructions

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

.

As discussed in detail above, Andrew E. Messinger will operate the DJI Phantom 3

Professional UAS safely in the NAS, without creating a hazard to users of the NAS, or the public, or

otherwise pose a threat to national security.

Respectfully submitted,

Andrew E. Messinger

, Petitioner