July 14, 2015

Via Electronic Filing

Attn: Docket Operations

U.S. Department of Transportation (DOT)

1200 New Jersey Avenue SE, Room W12-140

West Building Ground Floor Washington, DC 20590-0001

Re: Exemption Petition of Carolina Reprographics, LLC

pursuant to Section 333 of the FAA Modernization and Reform Act of 2012

To the Flight Standards Service:

This letter shall serve as a petition for a Section 333 Exemption for my client Carolina

Reprographics, LLC (“Petitioner” or “Carolina Reprographics”) pursuant to Section 333 of the

FAA Modernization and Reform Act of 2012, Pub. L. No. 112-95, 126 Stat. 11 (2012) (“Section

333”), and certain sections of Part 11 of Title 14 of the Code of Federal Regulations.

Introduction

Carolina Reprographics is a design and media production studio based in Raleigh, North

Carolina. Carolina Reprographics offers a variety of design, marketing, and production services

to clients, including video production and photography. Carolina Reprographics wishes to

incorporate small unmanned aircraft systems (“sUAS”) into its operations. As a result, pursuant

to Section 333, Petitioner seeks exemption from those certain Federal Aviation Regulations

(“FARs”) discussed below. Petitioner believes that the instant Petition is substantially similar to

other Section 333 Exemption Petitions previously filed with and granted by the FAA—including,

for example, the Petitions in Grant of Exemption Nos. 11109, 11112, and 11213—such that this

Petition qualifies for “summary grant” treatment under the FAA’s policy announced and

implemented in early April 2015 and without need for the FAA to solicit public comment on this

proposal. Moreover, the specific sUAS proposed to be used by Petitioner—a DJI Phantom 3—

has been the subject of several Section 333 Exemption Petitions previously granted by the FAA,

including Exemption Nos. 11845 and 11846. To that end, Petitioner shows the following:

Petitioner uses a variety of tools for its media production, marketing, promotions, special

events, and photography services, and by this Petition wishes to add a DJI Phantom 3 device to its

toolbox in furtherance of those services, which are, at their core, a form of aerial data collection.

Without a grant of the instant Petition, Carolina Reprographics’ ability to grow and compete in the

growing market for UAS video photography and production services will be limited and suffer

from competitive imbalance. Without a grant of the instant Petition, Petitioner will be forced to

wait until the FAA’s current sUAS rulemaking proceeding concludes with the adoption of new,

final rules, which, upon information and belief, could take upwards of two years. Grant of the

instant Petition would serve the public interest by allowing for economic growth and the safe
Carolina Reprographics, LLC

Petition for Exemption Pursuant to Section 333

July 14, 2015

Page 2

introduction by Petitioner of sUAS video and photography services into the marketplace prior to

the conclusion of the sUAS rulemaking proceeding.

Proposed Conditions and Limitations

This Petition seeks authority to operate Petitioner’s DJI Phantom 3 sUAS subject to the

following conditions (and any other conditions and restrictions imposed on Petitioner by the FAA):

* The operator of the DJI Phantom 3 will be familiar with the manufacturer’s user

manual, which is available at the following URL address:

http://download.dji-innovations.com/downloads/phantom_3/en/Phantom_3_Professional_User_Manual_v1.2_en.pdf

and will maintain a copy of the user manual at the location of all flights.

* Petitioner’s unmanned aircraft (“UA”), including payload, camera, gimbal, etc. will

not exceed 55 lbs.

* Petitioner will not use its sUAS for closed-set motion picture or television filming

without filing a new or amended Section 333 Exemption petition.

* Petitioner will not operate its UA at a speed exceeding 100 mph (87 knots).

* Petitioner will operate its UA only at altitudes that will not exceed 400 feet AGL.

To the extent that Petitioner is relying on the FAA’s “blanket COA” for sUAS operations,

Petitioner will operate its UA only at altitudes that do not exceed 200 feet AGL.

* Petitioner’s operation of its UA will be such that the UA remains within the VLOS

of the pilot-in-command (“PIC”) at all times.

* Petitioner’s sUAS will be operated only by a PIC who holds at least a sport pilot,

recreational pilot, or private pilot airman certificate and either a corresponding airman medical

certificate or U.S. driver’s license.

* Petitioner’s sUAS operations will employ a visual observer (“VO”), who will be

able to communicate orally with the PIC at all times during operations.

* Petitioner’s sUAS will be maintained and inspected to ensure its condition furthers

safe operation. Petitioner’s inspection process will include a pre-flight inspection each time

Petitioner wishes to operate the sUAS.

* Petitioner will not operate at night.

* Petitioner will operate within 5 nautical miles of an airport only with specific

authority to do so.
Carolina Reprographics, LLC

Petition for Exemption Pursuant to Section 333

July 14, 2015

Page 3

* Petitioner’s sUAS is designed to return to a pre-determined location if the device

loses communications or its GPS signal.

* Petitioner’s sUAS operations will be conducted only over private or controlledaccess property with permission from the property owner or other authorized representative.

Petitioner’s operation of sUAS under these conditions will be as safe and controlled as the

operations authorized in prior Section 333 Exemption grants, and Petitioner is committed to not

posing a hazard or threat to other aircraft (manned or unmanned), public safety, or national

security.

Discussion of Specific FARs

Consistent with the growing number of Section 333 Exemption grants for aerial data

collection similar to that requested by Petitioner, here is a list of the FAR sections from which

Petition seeks exemption:

14 C.F.R. § 61.23(a) and (c)

14 C.F.R. § 61.101(e)(4) and (5)

14 C.F.R. § 61.113(a)

14 C.F.R. § 61.315(a)

14 C.F.R. § 91.7(a)

14 C.F.R. § 91.9(b)(2)

14 C.F.R. § 91.119(c)

14 C.F.R. § 91.121

14 C.F.R. § 91.151(a)(1)

14 C.F.R. § 91.405(a)

14 C.F.R. § 91.407(a)(1)

14 C.F.R. § 91.409(a)(1) and (2)

14 C.F.R. § 91.417(a) and (b)

14 C.F.R. § 61.23(a) and (c)

This FAR requires that persons holding certain airman certificates also hold a certain class of

medical certificate. Consistent with other Section 333 Exemption grants, Petitioner requests that

the person operating Petitioner’s sUAS be permitted to hold a valid driver’s license issued by one

of the fifty United States or the District of Columbia or the corresponding medical certificate

required by the airman certificate held by such operator.

14 C.F.R. §§ 61.101(e)(4) & (5), 61.113(a), 61.315(a)

These FARs, respectively, limit holders of recreational pilot certificates, private pilot certificates,

and sport pilot certificates to noncommercial operations. The prohibition on commercial activities

for operators holding these airman certificates are logical for manned aircraft. For unmanned

aircraft, however, the safety issues inherent in commercial activities are vastly different, as there

are no passengers, there is no cargo, and the environment is controlled in an appropriate manner.
Carolina Reprographics, LLC

Petition for Exemption Pursuant to Section 333

July 14, 2015

Page 4

Thus, consistent with other Section 333 Exemption grants, Petitioner requests that persons

operating Petitioner’s sUAS be permitted to use the sUAS for the purpose of engaging in

commercial activities.

14 C.F.R. § 91.7(a)

This FAR prohibits the operation of an aircraft “unless it is in an airworthy condition.” Consistent

with other Section 333 Exemption grants, Petitioner seeks permission to operate its unmanned

aircraft without an airworthiness certificate, and Petitioner will engage in pre-flight inspections to

ensure safe operation is possible.

14 C.F.R. § 91.9(b)(2)

This FAR requires that a flight manual be maintained in the aircraft. Compliance with this FAR

is impracticable in the context of an sUAS as there is no “cabin” or cockpit. Consistent with other

Section 333 Exemption grants, Petitioner seeks permission to maintain the manufacturer’s manual

(a hyperlink to which is provided above on page 2 of the instant petition) on the ground with the

operator.

14 C.F.R. § 91.119(c)

This FAR prohibits the operation of aircraft below altitudes of 500 feet above the surface (except

over open water or sparsely populated areas) other than during takeoff or landing. Petitioner

proposes to operate its sUAS at altitudes of less than 400 feet above the surface, and requests

permission to so, consistent with other Section 333 Exemption grants.

14 C.F.R. § 91.121

This FAR requires the use of an altimeter during flight for purposes of maintaining the cruising

altitude or flight level of the aircraft. Petitioner will not make use of an altimeter in connection

with its sUAS operations. Instead, Petitioner’s sUAS will either rely on the use of GPS, internal

gyroscope, or operator adjustments to maintain the unmanned aircraft’s altitude or flight level.

Consistent with other Section 333 Exemption grants, Petitioner seeks a waiver of the requirement

relating to altimeter use or, in the alternative, a declaration that use of GPS would satisfy the

altimeter requirements.

14 C.F.R. § 151(a)(1)

This FAR restricts persons from beginning a flight in an airplane under VFR conditions unless

there is a certain amount of fuel in the aircraft. Petitioner proposes to deviate from this FAR

insofar as Petitioner, consistent with other Section 333 Exemption grants, will not begin a flight

unless there is sufficient power available for the sUAS operation to continue at least 5 minutes

beyond the intended duration of the flight.

14 C.F.R. §§ 91.405(a); 91.407(a)(1); 91.409(a)(1) & (2); 91.417(a) & (b)

These FARs govern, inter alia, certain aircraft inspections, the return of aircraft to service after

maintenance, and certain maintenance record keeping and retention. Consistent with other Section

333 Exemption grants, Petitioner proposes to achieve an equivalent level of safety by engaging in
Carolina Reprographics, LLC

Petition for Exemption Pursuant to Section 333

July 14, 2015

Page 5

pre-flight inspections of its sUAS and any maintenance that is recommended by the manufacturer

of the sUAS.

Conclusion

Through this Petition, filed pursuant to Section 333, Carolina Reprographics seeks an

exemption from the following FARs: 14 C.F.R. § 61.23(a) and (c); 14 C.F.R. § 61.101(e)(4) and

(5); 14 C.F.R. § 61.113(a); 14 C.F.R. § 61.315(a); 14 C.F.R. § 91.7(a); 14 C.F.R. § 91.9(b)(2); 14

C.F.R. § 91.119(c); 14 C.F.R. § 91.121; 14 C.F.R. § 91.151(a)(1); 14 C.F.R. § 91.405(a); 14 C.F.R.

§ 91.407(a)(1); 14 C.F.R. § 91.409(a)(1) and (2); 14 C.F.R. § 91.417(a) and (b).

Grant of this Petition and Section 333 Exemption, including waiver of the above-referenced

FARs, will permit Carolina Reprographics to operate its sUAS in furtherance of its business

opportunities, including video production, photography, and other data-gathering activities. The

grant will result in a reduction of risk and concomitant enhancement of safety as compared to the

use of manned aircraft (such as a helicopter) for such activities. Unlike manned aircraft,

Petitioner’s UAS operations will not use combustible fuel, and Petitioner’s unmanned aircraft are

smaller, quieter, lighter, safer, and more cost-effective than manned aircraft employed for similar

purposes. Moreover, Petitioner’s sUAS operations will be in controlled airspace, away from

people, and in a safe environment. Accordingly, it is believed that such sUAS operations will be

at least as safe—and perhaps safer—than manned aircraft operations used for the same purposes.

Carolina Reprographics respectfully requests that the FAA grant this Section 333

Exemption Petition using the “summary grant” procedure.

Should any questions arise during the course of your consideration of this Petition, kindly

contact the undersigned.

Respectfully submitted,

Stephen Hartzell

Counsel to Carolina Reprographics, LLC