**Page 1**  UNITED STATES OF AMERICA DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION

WASHINGTON, DC

Regulatory Docket No. __________

**IN THE MATTER OF THE PETITION FOR EXEMPTION OF: J.T. Sk**  **ytography LLC**  **FOR AN EXEMPTION SEEKING RELIEF FROM THE REQUIREMENTS**  **OF TITLE 14 OF THE CODE OF FEDERAL REGULATIONS SECTIONS 61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1)**  **& (a)(2) AND 91.417(a) & (b) CONCERNING COMMERCIAL OPERATION OF DJ PHANTOM 2 VISION+ UNMANNED AIRCRAFT**  **S YSTEMS**  **PURSUANT TO SECTION 333 OF (**  **PUBLIC LAW 112 -**  **95 )** 

Submitted on August 10th, 2015

Jason Aymar 265 Main Street #618 Ridgefield Park, NJ 07660 Em ail: JTSkytography@aol.com**Page 2**  **TABLE OF CONTENTS** Page GLOSSARY OF ABBREVIATIONS...................................................3 SUMMARY..................................................................................4 INTRODUCTION AND INTERESTS OF PETITIONER......................... 5 BACKGROUND............................................................................ 6 BASIS FOR PETITION................................................................... 6

NAME AND ADDRESS OF PETITIONER.......................................... 9 THE SPECIFIC SECTIONS OF 14 C.F.R. FROM WHICH J.T. SKYTOGRAPHY SEEKS EXEMPTION............................................. 10 THE EXTENT OF RELIEF J.T. SKYTOGRAPHY LLC SEEKS AND THE REASON J.T. SKYTOGRAPHY SEEKS THE RELIEF..........................1 5 THE REASONS WHY GRANTIN G J.T. SKYTOGRAPHY LLC’S REQUEST WOULD BE IN THE PUBLIC INTEREST...........................................20 THE REASONS WHY GRANTING THE EXEMPTION WOULD NOT ADVERSELY AFFECT SAFETY...................................................... 24 SUMMARY THAT CAN BE PUBLISHED IN THE FEDERAL REGISTER..............................................................................
.... 46**Page 3** 

ANY ADDITIONAL INFORMATION, VIEWS, OR ARGUMENTS AVAILABLE TO SUPPORT J.T. SKYTOGRAPHY LLC’S REQUEST...... 4 7

CONCLUSION............................................................................. 48 APPENDICES.............................................................................. 50

**GLOSSARY OF ABBREVIATIONS** AGL Above Ground Level AOI Area of Interest ATC Air Traffic Control ATO Air Traffic Organization AV Aerial Vehicle CFR Code of Federal Regulations COA Certification of Authorization FAA Federal Aviation Administration FAR Federal Aviation Regulation GCS Ground Control Station**Page 4** 

GPS Global Positioning System LOL Loss of Link NAS National Airspace System NOTAM Notice to Airman PIC Pilot in Command Section 333 FAA Modernization and Reform Act of 2012 (FMRA) SO Safety Observer SOP Standard Operating Procedures UA Unm anned Aircraft UAS Unm anned Aircraft System VFR Visual Flight Rules VLOS Visual Line of Site VMC Visual Meteorological Conditions VTOL Vertical Takeoff and Landing

**SUMMARY** Jason Aymar 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),**Page 5** 

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 exem ption will permit J.T. Skytography LLC to operate an Unmanned Aircraft System (UAS) for the purpose of conducting aerial video and photography of construction sites, real estate, special events, film sets, and landscape over certain areas of th e United States. **INTRODUCTION AND INTERESTS OF THE PETITIONER** J.T. Skytography LLC provides its clients with the highest quality digital use in their commercial, personal, and non

- profit m ultim edia projects. Seeking to establish itself as a technological innovator in experimental multimedia to provide a quality product. J.T. Skytography LLC has over 2 years of hobby experience in all aspects of aerial video and photography. The objective of J.T.Skytography LLC aerial video and photography operations is to provide high quality imaging for a variety of commercial, public, and residential uses, specifically targeting:

 Aerial event photography

 Aerial event filming

 Film production

 Aerial location scouting and safety inspection

 Increase public knowledge of UAS and promote safe UAS operations**Page 6**  **BACKGROUND** J.T. Skytography LLC seeks an exemption to operate DJI systems for
com pensation or hire within the NAS. The DJI Phantom 3 is a vertical (VTOL) Unm anned Aircraft (UA) with a Ground Control Station (GCS) utilizi ng electronic tablet or smart phone systems. The DJI Phantom 3 has a maximum gross weight of approximately 3 pounds, while having a length of 16 inches, width of 16 inches,height of 8 inches, and a maximum speed of 29 knots. The DJI Phantom 3 UA is equippe d with four main rotors; driven by Lithium Polymer battery powered electric motors. The DJI Phantom 3 UA that will be operated by J.T.Skytography LLC will be registered in accordance with 49 U.S.C. 44103, Registration of Aircraft, as well as 14 C.F.R Par

t 47, Aircraft Registration, and m arked in accordance with 14 C.F.R Part 45, Identification and Registration Marking. **BASIS FOR PETITION** Petitioner, J.T. Skytography LLC, pursuant to the provisions of the Federal Aviation Regulations (14 C.F.R § 11.61) an d 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 DJI**Page 7** 

Phantom 3 UAS in the National Airspace System (NAS), and for an exem ption from the requirem ents 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 of the speed, weight, size, and limited operation area associated with the unmanned aircraft and its operation, J.T.Skytography LLC operation of DJI Phantom 3 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. Accordingly, J.T. Skyt ography LLC requests relief from the 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. J.T.Skytography LLC submits that the request relief is proper since an equivalent level of safety will be ensured. J.T.Skytography LLC will use experienced personnel or technicians to perform maintenance, alterations, or preventative maintenance on the UASs using the methods , techniques, and practices prescribed in the operating documents, (i.e., Monthly Maintenance Log, and DJI Phantom 3 Instruction Manual). Furthermore, J.T.Skytogtapy LLC will docum ent and m aintain all m aintenance records for the DJI Phantom 3.**Page 8** 

Relief fro m certain requirements of Section 61.113 (a) and (b) entitled Private pilot privileges and limitations: Pilot in command, is requested by J.T.Skytography LLC to the extent necessary to allow a Pilot in Command (PIC) holding a private pilot or higher level certificate, as well as an airman medical certificate, and who has demonstrated, by meeting minimum flight

- hour and currency requirements, that the PIC is able to safely operate the DJI Phantom 3 UAS in a manner consistent with this exemption, including evasive and emergency maneuvers and maintaining appropriate distances from people, vessels, vehicles, and structures. J.T.Skytography LLC seeks relief f rom Section 91.7(a), entitled Civil aircraft airworthiness, because the DJI Phantom 3 UAS do not require an airworthiness certificate in accordance with 14 C.F.R Part 21, Subpart H. As such, J.T.Skytography LLC submits that it will ensure that the DJI Phantom 3 UAS are in an airworthy condition, prior to every flight, by determining that the UASs are in com pliance with the operating documents (i.e. Monthly Maintenance Log, and DJI Phantom 3 Instruction Manual), and that the aircraft are in a condition safe for flight. J.T. Skytography LLC also seeks an exemption from the requirements of Section 91.121, entitled Altimeter Settings, as the DJI Phantom 3 UA will not have a typical barometric altimeter onboard. However , altitude information of the DJI**Page 9** 

Phantom 3 UA will be provided to the PIC via Global Positioning System (GPS) equipm ent and radio communications telemetry data link, which downlinks from the UA to the GCS for active monitoring of the flight path. This altitude inform ation, com

bined with J.T.Skyto graphy LLC’s operation of the DJI Phantom 3 UAS within visual line of sight, at or below 500 feet AGL, will ensure a level of safety equivalent to Section 91.121. Additionally, J.T.Skytography LLC seeks an exemption from the requirements of Section 91.15 1(b) entitled Fuel requirements for flight in VFR conditions. J.T.Skytography LLC submits that safety will not be affected by operation of the DJI Phantom 3 UA 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 mi nutes. In accordance with 14 C.F.R. § 11.81, J.T.Skytogr aphy LLC provides the following information in support of its petition for exemption: **A. Name and Address of the Petitioner**  The nam e and address of the Petitioner and point of contact is: Jason Aymar 265 Main St. #618**Page 10**  Ridgefield Park, NJ 07660 Em ail: JTSkytography@aol.com
**B. The specific Sections of 14 C.F.R. From Which J.T.Skytography LLC Seek** **s Exemption 1.**  **J.T.Sk ytography LLC Seek** **s Exemption From the Requirements Of Section 61.113(a) And (b)**  Section 61.113, entitled Private pilot privileges and limitations: Pilot in command, subsections (a) and (b) prescribe the following, in relevant part: (a) 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 m ay

that person, for compensation or hire, act as PIC of an aircraft. (b) A private pilot may, for compensation or hire, act as PIC of an aircraft in connection with any business or employment if

1. The fl ight is only incidental to that business or employment; and 2. The aircraft does not carry passengers or property for compensation or hire. **2. J.T.Sk ytography LLC Seeks Exemption From The Requirements Of**  **Section 91.7(a)** Section 91.7, entitled Civil aircraft worthiness, subsection (a), states the following:
a. No person may operate a civil aircraft unless it is in an airworthy condition.**Page 11**  **3. J.T.Sk ytography LLC Seeks Exemption From The Requirements of Section**  **91.121,** Section 91.121, entitled Altimeter Settings , su bsection (a), states the following, in part:
a. Each person operating an aircraft shall maintain the cruising altitude of 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 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. J.T.Sk ytography LLC Seeks Exemption from the Requiremen**  **ts of Section 91.151(b).**  Section 91.151, entitled Fuel requirements for flight in VFR conditions, subsection (b), states the following:**Page 12**  (b) No person may begin a flight in a rotorcraft under VFR conditions unless (considering wind and forecast weather cond itions) 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. J.T.Sk ytography LLC Seeks Exemption from the Requirements of Section**  **91.405(a)** Section 91.405, ent itled 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 of this part and shall between required inspections, except as provided in paragraph (c) o f this section, have discrepancies repaired as prescribed in part 43 of this chapter[.] **6. J.T.Sk ytography LLC Seeks Exemption from the Requirements of Section**  **91.407(a)(1)** Section 91.407, entitled Operation after maintenance, preventive maintenance, rebui lding, 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[.]**Page 13**  **7. J.T.Sk ytography LLC Seeks Exemption from the Requirements of Sections**  **91.409(a)(1) and 91.409(a)(2).** Section 91.409, entitled Inspections, subsection (a), states the following:
a. Except as provided in paragraph (c) of this s ection, 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 cha pter; or 2. An inspection for the issuance of an airworthiness certificate in accordance with part 21 of this chapter. **8. J.T.Sk ytography LLC 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 §§ 91.417 and 91.413, each registered owner or operator shall keep the following records for the periods specified in paragraph (b) of this secti on: 1. Records of the maintenance, preventative maintenance, and alteration and records of the 100

- hour, annual, progressive, and other required or approved inspections, as appropriate, for each aircraft (including the airframe) and**Page 14**  each engine, propeller, ro tor, and appliance of an aircraft. The records must include

-- (i) A description (or reference to data acceptable to the Administrator) of the work perform ed; and (ii) The date of completion of the work performed; and (iii) The signature, and certificate numb er 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 each rotor. (ii) The current status of life

- limited parts of each airframe, each engine, propeller, rotor, and appliance. (iii) The tim e 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 by the inspection program under which the aircraft and its appliances are maintained. (v) The current status of applicable airworthines s directives (AD) and safety directives including, for each, the method of compliance, the AD or safety**Page 15**  directive number and revision date. If the AD or safety directive involves recurring action, the time and date when the next action is required. (vi) C opies 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) of this section shall be retained until the work is repeated or superseded by other work for the 1 year after the work is performed. 2. The records specified in paragraph (a)(2) of this section shall be retaine d 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 shall be retained until the defects are repaired and the aircraft is approved for return to se rvice. **C. The Extent of Relief J.T.Skytography LLC Seeks and the Reason J.T.Sk**  **ytography LLC Seek s the Relief.**  **1. Extent of Relief J.T.Skytography LLC Seeks and the Reason**  **J.T.Sk ytography LLC Seek** **s Relief from Section 61.113(a) and (b). Page**  **16** Relief from Section 61.113 (a) and (b) entitiled Private pilot priveleges and limitations: Pilot in command, is requested to the extent necessary to allow a PIC holding a private pilot or higher level certificate, and who has met certain flight

hour and currency requirements, to conduct the proposed UAS flight operations for
com pensation or hire. 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
a ircraft in connection with any business or employment if (1) The flight is only incidental to that business or employment; and (2) The aircraft does not carry passengers or property for compensation or hire. As set forth more fully below, J.T.Skytography LLC submits that an equivalent level of safety will be maintained because no PIC will be allowed to operate the DJI Phantom 3 UAS UA unless that PIC has met certain flight

- hour and currency requirements, demonstrating that the PIC is able to safely operate either the DJI Phantom 3 UAS in a manner consistent with the operations specifications as described in this exemption, including evasive and emergency maneuvers, as well as maintaining appropriate distances from people, vessels, vehicles and structures. Further, J.T.Skytography LLC submits that all flights of the DJI Phantom UAS, conducted by the PIC pursuant to the grant of this petition: (1) will be**Page 17**  incidental to J.T.Skytography LLC business; and (2) will not carry passengers or property for compensati on or hire. **2. Extent of Relief J.T.Skytography LLC Seeks and J.T.Skytography LLC Seeks Relief from Section 91.7(a).**  Relief from Section 91.7(a) entitled Civil Aircraft Worthiness, is requested to the extent required to allow J.T.Skytography LLC to dete rmine that the DJI Phantom 3 UAS are in airworthy condition prior to every flight by ensuring that the UAS is in compliance with the operating documents (i.e, the J.T.Skytography LLC Aerial Operations Manual, Monthly Maintenance Log, and DJI Phantom 3 Instruction Manual). J.T.Skytography LLC seeks the requested relief because the DJI Phantom 3 UAS does not require an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H. Therefore, J.T.Skytography LLC will ensure that the DJI Phantom 3 UAS are in airworthy condition based upon its compliance with the operating documents (i.e. Monthly Maintenance Log, and DJI Phantom 3 Instruction Manual) prior to every flight, and further, determine that the aircraft are in condition for safe flight, as stated in the conditions and limitations below. **3. Extent of Relief J.T.Skytography LLC Seeks and the Reason J.T.Sk**  **ytography LLC Seek s Relief from Section 91.121.** **Page 18**  Relief from Section 91.121, entitled Altimeter settings, may be required to allow flight o perations of the DJI Phantom 3, which utilize a barometric pressure sensor, GPS, equipment, and a radio communications telemetry data link to downlink altitude information from the UA to the PIC at the ground control station (GCS). Since the FAA requires that any altitude information concerning UAS operations be reported to air traffic control (ATC) in feet above ground level (AGL) J.T.Skytography LLC seeks the requested relief because the DJI Phantom 3 UA’s altimeter may be set on the ground zero feet AGL, rather than the local barom etric pressure or field altitude, before each flight. Considering the limited altitude of the proposed operations, relief from 14 CFR 91.121 is sought to the extent necessary to comply with the applicable conditions and limitations stated below. AS more fully set forth herein, an equivalent level of safety will be maintained since the DJI Phantom 3 UAs are equipped with a barometric pressure sensor and GPS equipment, which autom atically ensures that a ground level pressure sett ing will be established prior to each flight, and provides the PIC with altitude information of the US on the heads

- up display of the GCS. **4. Extent of Relief J.T.Skytography LLC Seeks and the J.T.Sk**  **ytography Relief from Section 91.151(b). Page**  **19** Relief from S ection 91.151(b) entitled Fuel Requirements for Flight in VFR Conditions, is requested to the extent required to allow flights of the battery powered DJI Phantom 3 UAs during daylight hours in a visual meteorological conditions (VMC), under visual flight r ules (VFR), for a total duration of 13.5 mi nutes to the first point of intended landing and, assuming normal cruising speed, to fly after that for at least 4.5 minutes. J.T.Skytography LLC seeks the requested relief because without an exemption from sectio n 91.151(b), the flight time duration of the battery powered DJI Phantom 3 UA will severely constrain the practicality of any aerial video or still photo flight operations that J.T.Skytography proposes to conduct pursuant to the petition. Significantly, as set forth below, the technical specifications of the DJI Phantom 3 UAS, the DJI Phantom 3 operating documents, and J.T.Skytography LLC’s proposed operating limitations, ensure that J.T.Skytography LLC will safely the battery powered DJI Phantom 3 UAs during daylight hours in visual meteorological conditions (VMC), under visual flight rules (VFR), with enough battery power to fly for a total duration 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.**Page 20**  **5. Extent of Relief J.T.Skytography LLC Seeks and J.T.Skytography LLC Seeks Relief from Sections 9.1405(a), 91.407(a)(1), 91.409(a)(1), and**  **91.417 (a) & (b).** Since Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) and 91.417 (a) & (b) only apply to aircraft with an airworthiness certificate, J.T.Skytography LLC requests relief from these sections because the DJI Phantom 3 UAS does not require airworthiness certifi cates. As set forth more fully below, the DJI Phantom 3 UAS meets the conditions of FMRA Section 333 for operation without an airworthiness certificate. Accordingly, J.T.Skytography LLC will use trained technicians to maintenance, alterations, or preventative m aintenance on the UASs using the m ethods, techniques, and practices prescribed in the UAS operating docum ents (i.e., the J.T.Skytography LLC Aerial Operations Manual, Monthly Maintenance Log, and DJI Phantom 3 Instruction Manual). Furthermore, J.T.Skytography LLC will document maintenance records for the DJI Phantom 3 UAS. **D. The Reasons Why Granting J.T.Skytography LLC Request Would Be In The Public Interest; That is, How It Would Benefit The Public As A Whole**  Granting the present petition will furth er the public interest by allowing J.T.Skytography to safely, efficiently, and economically perform aerial video and**Page 21**  photography of special events, film sets, and landscape over certain areas of the United States. Additionally, use of the DJI Phantom 3 U AS will decrease congestions of the NAS, reduce pollution, and provide significant benefits to the economy. Notably, the benefits of J.T.Skytography LLC’s proposed operation of the DJI Phantom UAS will be realized without implicating any private issues. **1. T**  **he Public Will Benefit From Decreased Congestion Of The NAS.** The DJI Phantom 3 UA are battery powered and serve as a safe, efficient, and economical alternative to the manned aircraft traditionally utilized to obtain aerial im agery. By reducing the amount of m anned aircraft needed to perform aerial acquisitions, an exemption allowing the use of a DJI Phantom 3 UAS would reduce the amount of manned aircraft in the NAS, reduce noise and air pollution, as well as increase the safety of life and property in t he air and on the ground. Furthermore, by reducing the number of manned aircraft operating in the NAS, congestion around airports caused by arriving and departing aircraft will be reduced. The DJI Phantom 3 UA do not require an airport to take off or land

. Likewise, a reduction of manned aircraft conducting aerial video and photography mi ssions would result in fewer aircraft that must be handled by air traffic control during the ground, take off, departure, arrival, and landing phases of flight operations.**Page 22**  **2. 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 of manned aircraft, will greatly benefit the public by drastically reducing the levels of air and noi se pollution generated during traditional aerial video and still photography flight operations. By using battery power and electric motors, the DJI Phantom 3 UAS produce no air pollution, and is the most viable environmentally conscious alternative to the cabin class, six cylinder internal combustion engine aircraft that are typically utilized for aerial video and photography, while burning approximately 20

- 30 gallons per hour of leaded aviation fuel. The DJI Phantom 3 UA, while reducing the carbon footprint of aerial acquisitions, also eliminates noise pollution, as the UAs are 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 approximately 3 lbs and with lengths of 16 inches and 17.3 inches respectively, widths of 16 inches and 17.7 inches respectively, and with no fuel onboard), has less physical potential for**Page 23**  collateral damage to life and property on the ground, and in the air, compared to the m anned aircraft that typically conduct similar operations (weighing approximately 6,000 pounds with a wingspan of approximately 42 feet, a length of 34 feet, and fuel capacity of 180 gallons) **3. Performing Aerial Video and Photography Operation With The DJI Phantom 3 UAS Will Benefit The Economy.**  In addition to being safe and efficient, the DJI Phantom 3 is also an
economical alternative to using manned aircraft to conduct similar aerial oper ations. As such, operation of the DJI Phantom 3 UAS will allow United States based companies like J.T.Skytography LLC, to remain competitive and contribute to growth of the U.S. economy. Specifically, with the rising cost of aviation fuel and the Environm ental 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
com panies 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 J.T .Skytography LLC, can remain competitive and profitable, and therefore, provide greater job**Page 24**  stability to employees and contractors, which will ultimately contribute to growth of the U.S. economy. Improved financial performance of U.S. companies, through
co mmercial use of the DJI Phantom 3, provides a stable workforce that increases
consum er spending; improves local, state, and federal tax revenues; and allows
com panies to invest in research and development in order to remain competitive both in the United S tates and abroad. **4. There Are No Privacy Issues.** Similar to the m anned aerial acquisition flight operations that have been conducted for decades, J.T.Skytography LLC proposed operation of the DJI Phantom 3 UAS will not im

plicate any privacy issues. Spe cifically, the DJI Phantom 3 UAS will be operated only in compliance with operating documents (i.e., the J.T.Skytography LLC Aerial Operations Manual, Monthly Maintenance Log, and DJI Phantom 3 Instruction Manual) which requires property owner involvem ent as well as local law enforcement notification, and in accordance with Federal Aviation Regulations, including the minimum altitude requirements of 14 C.F.R. § 91.119 **E. The Reasons Why Granting The Exemption Would Not Adversely Affect Safety, Or How The Ex**  **emption Would Provide A Level Of Safety At Least Equal To That Provided By The Rule From Which J.T.Skytography LLC**  **Seek s Exemption.** **Page 25**  **1. Reasons Why Granting The DJI Phantom 3 UA Meet 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, J.T.Skytography LLC operation of the DJI Phantom 3 UAS meet the conditions of FMRA Section 333, and will not require and 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 as UAS will create a hazard to users o f the 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 180 days after the date of enac tment of this Act, the Secretary of Transportation shall determine if certain unmanned aircraft systems may operate safely in the national airspace system before completion of the plan and rulemaking required by section 332 of this Act or the guidance requ ired by section 334 of this Act.**Page 26**  b. Assessment of Unmanned Aircraft Systems

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

-- 1. which types of unmanned aircraft systems, if any, as a result of their size, weight, speed, operational capability, proximity to airports and populated 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 threat to national security, and 2. whether a certifica te of waiver, certificate of authorization, or airworthiness certification under section 44704 of title 49, United States Code, is required for the operation of unmanned aircraft systems identified under paragraph 1. c. Requirements for Safe Operation

-- If the Secretary determines under this section that certain unmanned aircraft systems may not operate safely in the national airspace system, the Secretary shall establish requirements for the safe operation of such aircraft systems in the nation airspace system. In seeking this exemption, J.T.Skytography LLC submits that the DJI Phantom 3 UAS can operate safely in the NAS pursuant to FMRA Section 333, as dem onstrated by (a) the characteristics of the DJI Phantom 3 UAS, (b), the pilot certification require ment, and (c), the specific operation limitations.**Page 27**  **a. The Specifications 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 s ecurity considering its size, weight, speed, and operational capability.

**i. Technical Specifications Of the DJI Phantom 3 UAS.** The technical specifications of the DJI Phantom 3 UAS is set forth by the DJI Phantom 3 Specifications and Data Sheet, attached hereto as Exhibit A.

**ii. The DJI Phantom 3 UAS autonomous Flight And Navigation Modes Enable The UAS to Remain Within a Defined Operational Area.**  The DJI Phantom 3 UAS may be operated in both manual and fully autonom ous flight modes. A complete description of the flight and navigational modes of the DJI Phantom 3 is provided at pages 25

- 35 of the DJI Phantom 3 User Manual, attached here as Exhibit B. **iii. The DJI Phantom 3 UAS Are D esigned 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 UA will remain stationary, in flight, for 3 seconds or more. If, after 3 seconds, the DJI Phantom 3 UA does not reacquire control link data from the GCS, the UA will assume that the Control**Page 28**  Link is lost and the UA will return to the home position. (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 UAS are set forth at pages 27 through 29 of the DJI Phantom 3 User Manual, attached hereto as B. **iv. The DJI Phantom 3 GCS And Its Operation.** A complete description of the operation and specification s of the DJI Phantom 3 GCS and flight control software is provided at pages 32 through 43 of the DJI Phantom 3 User Manual. DJI Phantom 3 User Manual is attached hereto as exhibit B. **b. Flight Operations Of DJI Phantom 3 UAS Are Limited Yo The Line Of Si**  **ght Of A Certified Pilot in Command With A Safety Observer.** J.T.Skytography LLC will only utilize certificated pilots who possess a valid airm an m edical certificate to act as a pilot in command (PIC) of the DJI Phantom 3 UAS. Additionally, a safety observer will assist all pilots during flight time.

**c. Flights Of DJI Phantom 3 UAS Will Be Conducted Pursuant To**  **Specific Operating Limitations.** In seeking this exemption, proposes to commercially operate DJI Phantom 3 UAS for the special purpose of conducting aerial video and photography over**Page 29**  certain areas of the 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 UASs weighing less than 55 pounds maximum gross weight: DJI Phantom 3 Unm anned Aircraft System. 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 ph otography. 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 tim es. This requires the PIC to be able to use human vision unaided by any device other t

han corrective lenses, as specified on the PIC’s FAA

issues airman medical certificate. 6. The use of first person view (FPV) by the PIC or safety observer (SO) is not permitted.**Page 30**  7. All operations must utilize a safety observer. The SO may be used to satisfy the VLOS requirement as long as the PIC always maintains VLOS capability. The SO and PIC must be able to communicate verbally at all tim es. Electronic m essaging 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 SO can perform the functions prescribed in the operating documents. 8. The SO m

ust 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 instrum ents. 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 pro cedures outlined in the operating documents, the conditions and limitations contained in the grant of
exem ption take precedence and must be followed. Otherwise, the operator
mu st follow the procedures as outlined in its operating documents. The operator m ay update or revise its operating documents. It is the operator’s responsibility to track such revisions and present updated and revised**Page 31**  docum ents to the Administrator upon request. The operator must also present updated and revised documents if its petitio ns for extension or
am endm ent to the grant of exemption. If the operator determines that any update or revision would affect the basis upon which the FAA granted the
exem ption, then the operator must petition for amendment to its grant of
exem ption. 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 re veals 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 include d in the preflight inspection. All maintenance and alterations must be properly docum ented in the aircraft records. 11. Any UAS that has undergone maintenance or alterations that affect the UAS operation or flight characteristics, e.g., replacement of a flight critical
com ponent, m ust undergo a functional test in flight. The PIC who conducts the functional test in flight must make an entry in the aircraft records.**Page 32**  12. The pre

- flight inspection must account for all potential discrepancies, e.g. inoperable component s, item s, equipm ent, 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 mu st 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
mu st be noted in the aircraft records, includin g total tim e in service, description of work accomplished, and the signature of the authorized person returning the UAS to service. 15. Each UAS operated under this exemption mu st com ply 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.**Page 33**  18. The operator may not per mi t any PIC to operate unless the PIC meets the operators qualification criteria and demonstrates the ability to safely operate the UAS in a manner consistent with how the UAS will be operated under the exem ption, 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 un der the terms of 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 non

- participant s, and the PIC must operate the UA with appropriate distance from nonparticipants in accordance with 14 C.F.R. § 91.119. 19. UAS operations may not be conducted during night, as defined in 14 C.F.R. § 1.1. All operations must be conducted under visual meteorol ogical conditions (VMC). If flight at night is required, a special request will be made at the FAA office closest to proposed area of operations. Flights under special visual flight rules (SVFR) are not authorized. 20. The UA may not operate within 5 nautical mi les of an airport reference point as denoted on a current FAA

- published aeronautical chart unless a letter of**Page 34**  agreem ent with that airport’s management is obtained, and the operation is conducted in accordance with a NOTAM as required by the operator's CO A. 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 statut e miles from the PIC. 22. If the UA loses communications or loses its GPS signal, it must return to a predetermined location within the planned operating area and land or be recovered in accordance with operating documents. 23. The PIC must abort the flight in t he event of unpredicted obstacles or
em ergencies 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 th e intended landing point and land the UA with 25% battery power
rem aining. 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**Page 35**  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 serial num

ber, registered in accordance with 14 C.F.R. part 47, and have identification (N

- Number) m arkings 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 of the UA must comply with the Federal Communications Commissio n (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 mu st b e 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 de vice or vehicle.**Page 36**  31. Flight operations must be conducted at least 500 feet from all nonparticipating persons (persons other than the PIC, SO, operator trainees or essential persons), vessels, vehicles, and structures unless:
a. Barriers or structures are present that sufficiently protect non participating persons from the UA and/or debris in the event of an accident. The operator must ensure that non participating persons remain under such protection. If a situation arises where non participating persons leave suc h 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, SO, operator trainees or essential persons do not present an undue hazard to tho se persons per § 91.119(a) 32. All operations shall be conducted over private or controlled

- access property with permission from the land owner/controller or authorized representative. Permission from land owner/controller or authorized representative will be obtained for each flight t o be conducted. 33. Any incident, accident, or flight operation that transgresses the lateral or vertical boundaries of the operational area as defined by the applicable COA**Page 37**  mu st be reported to the FAA’s UAS Integration Office (AFS

- 80) within 24 hours. A ccidents m

ust be reported to the National Transportation Safety Board (NTSB) per instructions contained on the NTSB wesbite: www.ntsb.gov

. **2. Reasons Why An Exemption From The Requirements Of Section 61.113(a) And (b) W**  **ould Not Adversely Affect Safety.** J.T.Skytography LLC 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, by meeting mi nim um flight

- hour and currency requirements, that the PIC is able to safely operate the DJI Phantom 3 UAS in a manner consistent with the exemption, including evasive and emergency maneuvers and maintaining appropriate distances from people, vessels, vehicles, and structures. Considering J.T.Skytography LLC proposed area of operations, and the limitations set forth

- above; the parallel nature of private pilot aeronautical knowledge requirements to those of commercial pilot requirements (See ex em ption No. 11062); and the airmanship skills necessary to safely operate the DJI Phantom 3 UAS, J.T.Skytography LLC submits that the additional manned airmanship experience of a commercially certified pilot would not correlate to the airmanship skills nec essary for J.T.Skytography LLC specific proposed flight operations.**Page 38**  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. 1 1062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110, 11112, 11136, 11138, 11150, 11153, 11156, 11158, 11159, 11160, 11161). J.T.Skytography LLC will not allow any PIC to operate the DJI Phantom 3 UAS unless that PIC has demonstrated, by meeting mi nim um flight

- hour requirements or 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. Specifically, the PIC must have accumulated and logged, in a manner consistent with 14 C.F.R. § 61.151(b), 25 hours of total time as a UAS rotorcraft pilot (with a minimum of 5 hours of those 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). As in exe mp tion 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 J.T.Skytography LLC proposed operations.**Page 39**  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 fi lming (or similar operations), 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 including at least 10 hours logged as a UAS pilot with a multi

- rotor UAS. Prior to ope rations 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 h our 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 safely conduct the petitioner’s proposed operations. The FAA with applicable regulations would satisfy this requirement. Training, proficiency, and experience

- building flights can also be conducted under**Page 40**  the grant of exemption to accomplish the require d 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. Exem ption No. 11138 at page 15. Accordingly, J.T.Skytography will ensure saf e operations by not allowing any PIC to operate the DJI Phantom 3 UAS unless that PIC has dem onstrated, by meeting minimum flight

- hour and currency requirements, that the PIC is able to safely operate the DJI Phantom 3 UAS in a manner consistent with the e xem

ption, including evasive and emergency maneuvers and maintaining appropriate distances from people, vessels, vehicles, and structures. **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, J.T.Skytography LLC will ensure that the DJI Phantom 3 UAS is in airworthy condition based upon the UAS’s compliance with its operating documents and as stated in the conditions and limitations herein. Additionally, the FAA has previously granted relief from Section 91.7(a) specific to UAS, in circumstances with similar, in all material respects, to those presented herein (e.g. Exemption Nos. 11062, 11063, 11064 , 11065, 11066, 11067,**Page 41**  11080, 11109, 11110, 11112, 11136, 11138, 11150, 11153, 11156, 11157, 11158, 11159, 11160, 11161). **4. Reasons Why An Exemption From The Requirements Of Section 91.121 Would Not Adversely Affect Safety.**  The equivalent level of safety established by Section 91.121 will be maintained because the altitude information of the 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 for active monito ring of the flight path and altitude. This altitiude information, combined with J.T.Skytograpghy LLC’s operation of the DJI Phantom 3 UA within visual line of sight, at or below 500 feet AGL, 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 is automatically established by the UASs at ground level. 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. Exem ption Nos. 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11136, ,11138, 11150, 11153, 11156, 11157, 11158, 11160, 11161). **5. Reasons Why An Exemption From The Requirements Of Section**  **91.151(b) Would Not Adversely Affect Safety. Page**  **42** 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 3 UAs; (2) the limitations on the proposed flight operations; and (3) the loc ation of the proposed flight operations. Accordingly, J.T.Skytography will ensure that it will safely operate the battery powered DJI Phantom 3 UA during daylight hours in VFR conditions, with enough battery power to fly for a total duration of 13.5 minute s to the first point of intended landing and, assuming normal cruising speed, to fly after that for at least 4.5 mi nutes. Here, as in Exemption No. 11109, the technical specifications of the DJI Phantom 3 UAS; the limitations on the proposed flight operati ons; 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 UAS provide audible and visual warnings to the PIC at the GCS when the UAs experience low battery voltage, the first warning occurring at approximately 33% remaining battery power, and again at approximately 10%
rem aining battery power. At the critically low battery level, the DJI Phantom 3 UAS will descend and land automatically. Significantly, previous exemptions granted by the FAA concerning Section 91.151 establish that safety is not adversely affected when the technical**Page 43**  characteristics and operating limitations of the UAS are considered. Relief has been granted f

or man ned aircraft to operate at less than the minimums prescribed in Section 91.151, including Exemption Nos. 2689, 5745, and 10650. Moreover, the FAA has previously granted relief from section 91.151 specific to UAS, in similar, in all m aterial 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, 11159, 11160, 11161). **6. Reasons Why An Exemption From The Requirements O f 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, J.T.Skytography LLC submits that the equivalent level of safety with regard to the regulatory maintenance and alter ation 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 J.T.Skytography LLC will use trained technicians to perform alterations, or preventative maintenance on the UAS using m ethods , techniques, and practices prescribed in the operating documents (i.e., the J.T.Skytography Aerial Operations Manual, Monthly Maintenance Log, and DJI Phantom 3 Instruction Manual). Furthermore, J.T.Skytography LLC will docum ent and m aintain all m aintenan ce records for the DJI Phantom 3 UAS.**Page 44**  Since the DJI Phantom 3 UAS will be inspected as prescribed by the operating documents, J.T.Skytography LLC will maintain the equivalent level of safety established by Sections 91.405(a), 91.409(a)(1), and 91.409(a)( 2). A copy of the DJI Phantom 3 User Manuals are attached hereto as Exhibit B; a copy of the DJI Phantom 3 UAS Maintenance LOG is attached hereto as Exhibit C. Likewise, the exemption sought will not adversely affect safety because J.T.Skytography LLC will use trained technicians to perform maintenance, alterations, or preventative maintenance on the UAS using the methods, techniques, and practices prescribed by the operating documents. Furthermore, the exemption sought would maintain an equivalent level of safety established by Sections 91.407, 91.417(a) and 961.417(b), because all maintenance of the DJI Phantom 3 UAS will be performed by trained technicians. Maintenance will be documented and maintained utilizing the monthly maintenance log. Significantl y, 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 c onsidered. In consideration of J.T.Skytography LLC proposed operating limitations, the operating documents, and the technical aspects of the DJI Phantom 3 UAS,**Page 45**  J.T.Skytography submits that safety will not be adversely affected by granting
exem ption from

14 C.F.R. Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417 (a) & (b). The FAA has previously granted relief specific to UAS in circum stances similar, in all m aterial respects, to those presented herein (e.g. Exem ption Nos. 11062, 11063, 11064, 11065, 11066, 11067, 111080, 11109, 11110, 11112, 11136, 11138, 11150, 11153, 11156, 11157, 11158, 11159, 11160, 11161). **7. The FAA May Prescribe Any Other Conditions Fo r 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, J.T.Skytography LLC 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), 9 1.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b). Such special conditions will permit safe operation of the UAs for the limited purpose of conducting aerial video and photography over certain areas of the United States for compensation or hire. FMRA Section 333 sets forth the requirements for considering whether a UAS will create a hazard to users of the NAS or the public, or otherwise pose a threat to national security; and further,**Page 46**  provides the authority for such UAS to operate without a irworthiness certification in accordance with any requirements that must be established for the safe operation of the UAS in the NAS. Likewise, the Administrator may prescribe special conditions pursuant to 14 C.F.R. § 21.16, for operation of the DJI Phant om 3 UAS, since the airworthiness regulations of the 14 C.F.R. Part 21 do not contain adequate or appropriate safety standards, due to the novel or unusual design features of the aircraft. Section 21.16, entitled Special Conditions, states the following: I f 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 p ropeller, 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 find s necessary to establish a level of safety equivalent to that established in the regulations. See 14 C.F.R. § 21.16 Therefore, in accordance with FMRA Section 333 and 14 C.F.R & Section 21.16, the FAA may prescribe special conditions for Leading Edge’s intended operation of the DJI Phantom 3 UAS, which contains such safety standards that the**Page 47**  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) & (a)(2), and 91.417(a) & (b). **F. A Summary That Can Be Published In The Federal Register, stating: The Rules From Which J.T.Skytography LLC Seeks Exemption:**  J.T.Skytography LLC seeks exemption from the re quirements 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). **A Brief Description Of The Nature Of The Exemption J.T.Skytography LLC Seeks:**  This exemption will permit J.T.Sk ytography LLC to commercially operate an Unmanned Aircraft System (UAS) for the purpose of conducting aerial video and photography over certain areas of the United States. **G. Any Additional Information, Views, Or Arguments Available To Support J.T.Skytogra**  **phy LLC Request.** This petition is made pursuant to the FAA Modernization and Reform Act 2012 (FMRA) Section 333, which directs the Secretary of Transportation to determine if certain UAS may operate safely in the NAS. As such,**Page 48**  J.T.Skytography LLC request f or 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 other wise pose a threat to national security; and further, provides the authority for such UAS to operate without airworthiness certification. As discussed in detail above, J.T.Skytography LLC will operate the DJI Phantom 3 UASs safely in the NAS, without creating a hazard to users of the NAS, or the public, or otherwise pose a threat to national security. **CONCLUSION** As set forth herein, J.T.Skytography LLC seeks an exem ption 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 of the DJI Phantom 3 UAS commercially, without an airworthiness certificate, for the limited purp ose of conducting aerial video and photography over certain areas of the United States. By granting this Petition, the FAA Administrator will be fulfilling the Congressional mandate of the FAA Modernization and Reform Act of 2012, while also advancing the interests of the public, by allowing J.T.Skytography to safely, efficiently, and economically operate the DJI Phantom 3 UAS commercially within the NAS.**Page 49**  **WHEREFORE,** in accordance with the Federal Aviation Regulations and the FAA Modernization and Reform Act of 2012, Section 333, J.T.Skytography LLC respectfully requests that the Administrator grant this Petition for an
exem ption from

the requirem ents 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 Leading Edge to operate the DJI Phantom 3 UAS commercially for the purpose of conducting aerial video and photography over certain areas of the United States Dated: September 3, 2015

Respectfully Submitted, Jason Aymar

_______________ Jason Aymar J.T.Skytography LLC 265 Main St. #618 Ridgefield Park, NJ 07660 Em ail: JTSkytography@aol.com**Page 50**  Appendices: A
- DJI Phantom 3 Specifications Data Sheet B
- DJI Phantom 3 Manufacturer’s User Manual C
- Monthly Maintenance Log

APPENDIX
- A

**DJI PHANTOM 3 TECHNICAL SPECIFICATIONS** J.T.Skytography Media LLC only utilizes safe and reliable UASs. DJI is an industry leader in small UAS production. DJI UASs are loaded with ground breaking software e nabling the user to set parameters which will not allow flight into controlled airspace. Parameters can also be set to limit flight to no higher than a predetermined and set altitude as well as limit flight to a predetermined and set distance. In addition, DJI software provides real

- time altitude and location inform ation to the PIC via the linked monitor (smart phone/tablet devices)

1.1 DJI Phantom 3 1.1.1 Aircraft 1.1.1.1. Supported Battery

- DJI 5200m AH LiPo Battery 1.1.1.2 Weight (Battery & Propellers Included)

- 3lbs0oz 1.1.1.3 Hover Accuracy (Ready to fly)

- vertical: .8m ; horizontal: 2.5m**Page 51**  1.1.1.4 Max Yaw Angulary Velocity

- 200 0/s 1.1.1.5 Max Tilt Angel

- 35  ゚ 1.1.1.6 Max Ascend Speed

- 6m /s 1.1.1.7 Max Descend Speed

- 2m /s 1.1.1.8 Max Flight Speed

- 15m /s (NOT RECOMMENDED) 1.1.2 Gimbal 1.1.2.1 Working Current

- Static: 750mA: Dynamic: 900mA 1.1.2.2 Control Accuray

- ±0.03° 1.1.2.3 Controllable Range

- Pitch:

- 90°
- 0° 1.1.2.4 Maximum Angular Speed

- Pitch: 90 0/s 1.1.3 Camera 1.1.3.1 Operating Temperature Range
- 32°F
- 104°F (0

- 40°C) 1.1.3.2 Sensor Size

- 1/2.3” 1.1.3.3 Effective Pixels

- 14M 1.1.3.4 Resolution

- 4384x3288 4.1.3.5 HD Video Recording

- 1080p30 & 720p 4.1.3.6 Recording Field of View

- 110°/85° 1.1.4 Transmitter 1.1.4.1 Operating Frequency

- 5 .728GHz
- 5.85GHz**Page 52**  1.1.4.2 Communication Distance (unobstructed)

- DCC Compliance: 800m 1.1.4.3 Receiver Sensisitivity (1%PER)

- - 93dBm 1.1.4.4 Transmitter Power

- FCC Compliance: 100mW 1.1.4.5 Working Voltage

- 120m A@3.7V 1.1.5 Range Extender 1.1.5.1 Operating Frequency

- 2412
- 2462MHz 1.1.5.2 Communication Distance (unobstructed)

- 500
- 700m 1.1.5.3 Transmitter Power

- 20dBm 1.1.5.4 Power Consumption

- 2W**Page 53**  APPENDIX
- B DJI Phantom 3 Manufacturer’s User Manual**Page 54**  APPENDIX
- C MONTHLY MAINTENANCE LOG Month______Year_____ **UAS #: DATE ISSUE** 

**DISCOVERED DATE ISSUE** 

**ADDRESSED ISSUE DESCRIPTION** 

**& MAINTENANCE CONDUCTED**  MAINTENANCE PERFORMED BY: print & sign Software Updates Airframe Engines Propellers Camera Gimbel Landing Gear Vibration Dampening Other:
Jason Aymar J.T.Skytography LLC 265 Main St #618 Ridgefield Park, NJ 07660 Em ail: JTSkytography@aol .com