UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

FEDERAL AVIATION

ADMINISTRATION WASHINGTON, DC

Regulatory Docket No.

_

IN THE MATTER OF THE PETITION FOR EXEMPTION OF:
SAMUEL H. NOWDEN FOR AN EXEMPTION SEEKING RELIEF FROM THE REQUIREMENTS OF

TITLE 14 OF THE CODE OF FEDERAL REGULATIONS SECTIONS 91.7(a), 91.119 (b) & (c), 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
DJI PHANTOM 3 PROFESSIONAL ROTORCRAFT & THE DJI INSPIRE

- 1 ROTORCRAFT UNMANNED AIRCRAFT SYSTEMS PURSUANT TO SECTION 333 OF THE FAA MODERNIZATION AND REFORM ACT OF 2012

Submitted on October 28 , 2015

SAMUEL	H.	NOWDEN
28	BASSETT	ST.	#133 SAN	JOSE,	CA.	95110
408

- 309

- 3195 SLYSAM@EARTHLINK.NET2 TABLE OF CONTENTS

Page

GLOSSARY OF ABBREVIATIONS

................................ ................................ ................... 3

SUMMARY

................................ ................................ ................................ ............................ 4

INTRODUCTION AND INTERESTS OF PETITIONER

................................ ................... 4

BACKGROUND

................................ ................................ ................................ ....................... 5

BASIS FOR PETITION

................................ ................................ ................................ ........ 6

NAME AND ADDRESS OF PETITIONER

................................ ................................ ........ 8

THE SPECIFIC SECTIONS OF 14 C.F.R. FROM WHICH SAMUEL H NOWDEN
SEEKS EXEMPTION

................................ ................................ ................................ .......... 9

THE EXTENT OF RELIEF SAMUEL H NOWDEN SEEKS AND THE REASON SAMUEL H NOWDEN SEEKS THE RELIEF

.................................................. 1 4

THE REASONS WHY GRANTING SAMUEL H NOWDEN ’S REQUEST
WOULD BE IN THE PUBLIC INTEREST

................................ ................................ ........ 1 83 THE REASONS WHY GRANTING THE EXEMPTION WOULD NOT
ADVERSELY AFFECT SAFETY

................................ ................................ ..................... 21

SUMMARY THAT CAN BE PUBLISHED IN THE FEDERAL REGISTER

................ . 3 5

ADDITIONAL INFORMATION, VIEWS, OR ARGUMENTS
AVAILABLE TO SUPPORT SAMUEL H NOWDEN ’S REQUEST

......................... .... 3 5

CONCLUSION

................................ ................................ ................................ ....................... 3 6

APPENDICES

................................ ................................ ................................ ...................... 3 7

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 Certificate of Authorization

FAA Federal Aviation Administration

FAR Federal Aviati on Regulation

GCS Ground Control Station

GPS Global Positioning System

LOL Loss of Link

MSL Mean Sea Level NAS National Airspace System NOTAM Notice to Airman

PIC Pilot In Command

Section 333 F AA Modernization and Reform act of 2012 (FMRA)

SO Safety Observer

SOP Standard Operating Procedures

UA Unmanned Aircraft

UAS Unmanned Aircraft System

VFR Visual Flight Rules

VLOS Visual Line of Sight

VMC Visual Meteorological Conditions

VTOL Vertical Takeoff and Landing4 SUMMARY

SAMUEL H NOWDEN seeks exemption from the requirements of 14 C.F.R 91.7(a), 91.119 (b) & (c), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b), to operate an Unmanned Aircraft System pursuant to Section
333 of the FAA Modernization and Reform Act of 2012 (FMRA). This exemption will permit SAMUEL H NOWDEN to operate an Unmanned Aircraft System (UAS) for the commercial purpose of conducting ae rial video and photography of construction sites, real estate, farmland, and landscape over certain areas of the United States.

INTRODUCTION AND INTERESTS OF THE PETITIONER

SAMUEL H NOWDEN provides his clients with expertise and knowledge in
advanced te chnologies and solutions to increase efficiency, productivity and
effectiveness.

SAMUEL H NOWDEN h oles a commercial pilot certificate, rotorcraft, and a current
second

- class medical certificate. He has logged over 9,500 hours of flying experience,
which i ncludes over 20 years of commercial helicopter flying experience in all aspects of aerial video and photography. The objective of SAMUEL H NOWDEN and his aerial operations is to safely provide high quality imaging for a variety of commercial, public, and r esidential uses, specifically targeting:

• Aerial inspections of public and private

structures.

• Media Production for Keys Tourist Development s

• Closed set Commercial and Film
Production

• Commercial Media Applications

I.e. Videography and Business
Promotional Video

• Wildlife population surveys5 BACKGROUND

UAS Rotorcraft : DJI Phantom 3 Professional & The DJI Inspire

- 1 UASs

SAMUEL H NOWDEN seeks an exemption to operate the DJI Phantom 3 Professional
rotorcraft & The DJI Inspire

- 1 rotorcraft for compensation or hire within the NAS. The DJI
Phantom 3 Professional & The DJI Inspire

- 1 are vertical takeoff and landing (VTOL)
Unmanned Aircraft Systems (UA S ) with a Ground Control Station (GCS) utilizing
electronic tablet or smart phone systems.

The DJI Phantom 3 Professional & The DJI Inspire

- 1 have a maximum gross weigh t of approximately 2.82 pounds and 6.47 pounds respectively . The DJI Phantom 3 Professional
has a length of 16 inches, width of 16 inches, and height of 8 inches . T he DJI Inspire

- 1 has a length of 17.2 inches, width of 17.7 inches, and height of 11.85 inches

. The DJI Phantom 3 Professional & The DJI Inspire

- 1 maximum speed is approximately 31 knots and 42
knots respectively

.

The DJI Phantom 3 Professi onal & The DJI Inspire

- 1 UA are equipped with four main rotors, driven by Lithium Polymer battery powered electric motors.

The DJI Phantom 3 Professional & The DJI Inspire

- 1 UA that will be operated by SAMUEL H NOWDEN 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 .29 (f)

, Identification and Registration Marking , Size of of Marks

.6 BASIS FOR PETITION

Petitioner, SAMUEL H NOWDEN, 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 DJI Phantom
3 Professional & The DJI Inspire

- 1 UA in the National Airspace System (NAS), and for an exemption from the requirements of 14 C.F.R §§ 91.7(a), 91.119 (b) & (c), 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 operating area associated with the
unmanned aircraft a nd its operation, SAMUEL H NOWDEN ’s operation of the DJI
Phantom 3 Professional & The DJI Inspire

- 1 UA 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, SAMUEL H NOWDEN requests relief from Sections 91.405(a), 91.407(a)(1), 91. 409(a)(1) & (a)(2), and 91.417(a) & (b), as these sections set forth requirements for maintenance that only apply to aircraft with an airworthiness certificate.

SAMUEL H NOWDEN submits that the requested relief is proper since an equivalent level of safety will be ensured. SAMUEL H NOWDEN will use experienced personnel or technicians to perform maintenance, alterations, or preventive maintenance on the

UASs using the methods, techniques, and practices prescribed in the operating documents (i.e., Monthly Maintenance Log, and DJI Phantom 3 Professional & The DJI Inspire

- 1 Instruction Manual).

Furthermore, SAMUEL H NOWDEN will document and maintain all maintenance

re cords for the DJI Phantom 3 Professional & The DJI Inspire

- 1 UA.7 SAMUEL H NOWDEN seeks relief from Section 91.7(a), entitled Civil Aircraft
Airworthiness , because the DJI Phantom 3 Professional & The DJI Inspire

- 1 UA does not require an airworthi ness certificate in accordance with 14 C.F.R. Part 21, Subpart H. As such, SAMUEL H NOWDEN submits that he will ensure that the DJI Phantom 3
Professional & The DJI Inspire

- 1 UA is in an airworthy condition, prior to every flight, by determining that the UA is in compliance with the operating documents (i.e., Monthly
Maintenance Log, and DJI Phantom 3 Professional & The DJI Inspire

- 1 Instruction Manual), and that the aircraft is in a condition for safe flight.

SAMUEL H NOWDEN also seeks an exemption from the requirements of Section 91.121, entitled Altimeter Settings , as the DJI Phantom 3 Professional & The DJI Inspire

1 UA will not have a typical barometric altimeter onboard. However, altitude information
of the DJI Phantom 3 Professional & The DJI Inspire

- 1 UA 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 SAMUEL H NOWDEN ’s operation of th e DJI
Phantom 3 Professional & The DJI Inspire

- 1 UA within visual line of sight, at or below 500 feet AGL, will ensure a level of safety equivalent to Section 91.121.

SAMUEL H NOWDEN seeks an exemption from the requirements of Section 91.151(b),

entitled Fuel Requirements for Flight in VFR Conditions . SAMUEL H NOWDEN submits that safety will not be affected by operation of the DJI Phantom 3 Professional

& The DJI Inspire

- 1 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,

assumin g normal cruising speed, to fly after that for at least 4.5 minutes.

Additionally, SAMUEL H NOWDEN seeks an exemption from the requirements of Section 91. 119 ( b ) and (c) entitled Minimum Safe Altitudes

, to the extent required to allow SAMUEL H NOWDEN to op erate the DJI Phantom 3 Professional & The DJI Inspire

- 1 at less than the minimums prescribed in paragraph (b) and (c) of this section. Moreover, Section 91. 119 (d) states that a helicopter may operate at less than the minimums prescribed in Section 91. 119 (b) and (c) provided the operation is conducted without hazard to persons or property on the surface

. As this exemption is for the operation of the DJI Phantom 3 Professional & The DJ I Inspire

- 1, § 91.119 (d) should apply by definition

, as both are rotorcr aft s /helicopter s per 14 CFR §1. 1

, definition s.
In accordance with 14 C.F.R. § 11.81, SAMUEL H NOWDEN provides, in the following pages, information in support of his petition for exemption:8 Name and Address of t he Petitioner.



## The name and address of the Petitioner and point of contact is:

SAMUEL H. NOWDEN 28 BASSETT ST. #133 SAN JOSE, CA. 95110 408

- 309

- 3195 SLYSAM@EARTHLINK.NET9 The Specific Sections o f 14 C.F.R. From Which SAMUEL H NOWDEN

Seeks Exemption.

1. SAMUEL H NOWDEN Seeks Exemption f rom The Requirements o f Section 91.7(a).

Section 91.7, entitled Civil Aircraft Airworthiness , subsection (a), states

the following:

(a) No person may operate a civil aircraft unless it is in an ai rworthy condition.

2. SAMUEL H NOWDEN Seeks Exemption f rom The Requirements o f Section 91.121.

Section 91.121, entitled Altimeter Settings, subsection (a), states the following,

in part:

(a) Each person operating an aircraft shall maintain the cruising altitude or flight level of that aircraft, as the case may be, by reference to an altimeter that is set, when operating

--

(1) Below 18,000 feet MSL, to

--
(i) The current reported altimeter setting of a station along the route

and within 100 nautical miles of th e 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.10 3. S AMUEL H NOWDEN Seeks Exemption f rom The Requirements o f Section 91.151(b).

Section 91.151, entitled Fuel Requirements for Flight in VFR Conditions

, subsection

(b ), states the following:

(b) No person may begin a flight in a rotorcraft under VFR conditions unless (considering wind and forecast weather conditions) there is enough fuel to fly to the first point of intended landing and, assuming normal cruising speed, to fly after that for at least 20

minutes.

4. S AMUEL H NOWDEN Seeks Exemption f rom The Requirement o f Section 91.405(a).

Section 91.405, entitled Maintenance required , subsection (a), states the following: Each owner or operator of an aircraft

—
(a) Shall have that aircraft inspected as prescribed in subpart E of this part and shall

between required inspections, except as provided in paragraph (c) of this section, have discrepancies repaired as prescribed in part 43 of this chapter [ .]

5. S AMUEL H NOWDEN Seeks Exemption f rom The Requirements o f Section 91.407(a)(1)

Section 91.407, entitled Operation After Maintenance, Preventive Maintenance, Rebuilding, or Alteration , subsection (a)(1), states the following:
(a) No person may operate any aircraft that h as 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.11 6. S AMUEL H NOWDEN Seeks Exemption from The Requirements o f 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 section, no person may operate an aircraft unless, within the preceding 12 calendar months, it has had

- -
(1) An annual inspection in accordance with part 43 of this chapter and has been approved for return to service by a person authorized by § 43.7 of this chapter; or

(2) An inspection for the issuance of an airworthiness certificate in accordance with part 21 of this chapter.

7. S AMUEL H NOWDEN Seeks Exemption f rom

The Requirements o f Sections 91.417(a) And
91.417(b).

Section 91.417, entitled Maintenance Records , subsections (a) and (b), states the following:

(a) Except for work performed in accordance with §§ 91.411 and 91.413, each registered owner or operator shall keep the following records for the periods specified in paragraph (b) of this section:

(1) Records of the maintenance, preventive 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 each engine, propeller, rotor, and appliance of an aircraft. The records must
include

--
(i) A description (or reference to data acceptable to the Administrator) of the work performed; and

(ii) The date of completion of the work performed; and

(iii) The signature, and certificate number of the person approving

the aircraft for return to service.

(2) Records containing the following information:12 (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, engine, propeller, rotor, and appliance.

(iii) The time since last overhaul of all items installed on the aircraft

which are required to be overhauled on a specified time basis.

(iv) The current inspection status of the aircraft, including the time since the last inspection required by the inspection program under which the aircraft and its appliances are maintained.

(v) The current status of applicable airworthiness directives (AD) and safety directives including, for each, the method of compliance, the AD or safety directive number and revision date. If the AD or safety directive involves recurring action, the time and date when the next
action is required.

(vi) Cop ies 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 or for 1 year after the

work is performed.

(2) The records specified in paragraph (a)(2) of this sect ion shall be retained

and transferred with the aircraft at the time the aircraft is sold.

(3) A list of defects furnished to a registered owner or operator under § 43.11 of this chapter shall be retained until the defects are repaired and the

aircraft is approved for return to service.13 8. S AMUEL H NOWDEN Seeks Exemption f rom

T he Requirements o f Sections 91. 119 (b) And ( c ).

Section 91.119, entitled Minimum safe altitudes: General ( b ) and ( c ), state the following:

(b) Over congested areas. Over any congested area of a city, town, or settlement, or over any open air assembly of persons, an altitude of 1,000 feet above the highest obstacle within a horizontal radius of 2,000 feet of the aircraft.

(c) Over other than congested areas. An altitude of 500 feet above the surface, except over open water or sparsely populated areas. In those cases, the aircraft may not be operated closer than 500 feet to any person, vessel, vehicle, or structure.14 The Extent o f Relief SAMUEL H NOWDEN Seeks a nd The Reason

SAMUEL H NOWDEN Seeks t he Relief.

1. Extent o f Relief SAMUEL H NOWDEN Seeks a nd The

Reaso n SAMUEL H NOWDEN Seeks Relief f rom Section 91.7(a).

Relief from Section 91.7(a) entitled Civil aircraft airworthiness , is requested to the extent required to allow SAMUEL H NOWDEN to determine that the DJI Phantom 3
Professional & The DJI Inspire

- 1 UA is in airworthy condition prior to every flight by ensuring that the UAS is in compliance with the operating documents (i.e., Monthly
Maintenan ce Log and DJI Phantom 3 Professional & The DJI Inspire

- 1 Instruction Manual).

SAMUEL H NOWDEN seeks the requested relief because the DJI Phantom 3
Professional & The DJI Inspire

- 1 UA does not require an airworthiness certificate in
accordance with 14 C.F. R. Part 21, Subpart H. Therefore, SAMUEL H NOWDEN will
ensure that the DJI Phantom 3 Professional & The DJI Inspire

- 1 UA is in airworthy condition based upon its compliance with the operating documents (i.e., Monthly
Maintenance Log, and DJI Phantom 3 Prof essional & The DJI Inspire

- 1 Instruction Manual) prior to every flight, and further, determine that the aircraft is in condition for safe flight, as stated in the conditions and limitations below.

2. Extent of Relief SAMUEL H NOWDEN Seeks a nd The

Reaso n SAMUE L H NOWDEN Seeks Relief f rom Section

91.121.

Relief from Section 91.121, entitled Altimeter Settings, may be required to allow flight operations of the DJI Phantom 3 Professional & The DJI Inspire

- 1 UA, which utilizes a barometric pressure sensor, GPS equ ipment, 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 co ntrol (ATC) in feet above ground level (AGL), SAMUEL H NOWDEN seeks the requested relief because the DJI Phantom 3 Professional & The DJI Inspire

- 1 UA’s altimeter may be set on the ground to zero feet AGL, rather than the local barometric pressure or field altitude, before each flight.15 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 Professional & The DJI Inspire

- 1 UA is equipped with a barometric pressure sensor and GPS equipment, which automatically ensures that a ground level press ure setting will be established prior to each flight, and provides the16 3. Extent o f Relief SAMUEL H NOWDEN Seeks a nd The

Reason SAMUEL H NOWDEN Seeks Relief f rom Section 91.151(b).

Relief from Section 91.151(b) entitled Fuel Requirements for Flight in VFR C onditions, is requested to the extent required to allow flights of the battery powered DJI Phantom 3
Professional & The DJI Inspire

- 1 UA during daylight hours in visual meteorological conditions (VMC), under visual flight rules (VFR), 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.

SAMUEL H NOWDEN seeks the requested relief because without an exemption from Section 91.151(b), the flight time duratio n of the battery powered DJI Phantom 3
Professional & The DJI Inspire

- 1 UA will severely constrain the practicality of any aerial video or still photo flight operations that SAMUEL H NOWDEN proposes to conduct pursuant to this Petition.

Significantly, as set forth below, the technical specifications of the DJI Phantom 3
Professional & The DJI Inspire

- 1 and SAMUEL H NOWDEN ’s proposed operating limitations, ensure that SAMUEL H NOWDEN will safely operate the battery powered
DJI Phantom 3 P rofessional & The DJI Inspire

- 1 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 19 minutes to the first point of intended landing and, assuming no rmal cruising speed, to fly after that for at least 4.5 minutes.

4. Extent o f Relief SAMUEL H NOWDEN Seeks and t he

Reaso n SAMUEL H NOWDEN Seeks Relief f rom 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, SAMUEL H NOWDEN requests relief
from these Sections because the DJI Phantom 3 Professional & The DJI Inspire

- 1 UA does not require airworthiness certificates. As set forth more fully below, the DJI Phantom
UAS meets the conditions of FMRA Section 333 for operation without an airworthiness certificate. Accordingly, SAMUEL H NOWDEN will use trained technicians to perform maintenance, a lterations, or preventive maintenance on the UAS using the methods, techniques, and practices prescribed in the UAS operating documents (i.e., the Monthly
Maintenance Log, and DJI Phantom 3 Professional & The DJI Inspire

- 1 Instruction Manual). Furthermore, SAMUEL H NOWDEN will document and maintain all
maintenance records for the DJI Phantom 3 Professional & The DJI Inspire

- 1 UAS.17 5. Extent o f Relief SAMUEL H N OWDEN Seeks a nd The Reaso n
SAMUEL H NOWDEN Seeks Relief f rom Section 91.119 (b) and (c).

Relief from Section 91. 119 ( b ) and (c) entitled Minimum Safe Altitudes , is requested to the extent required to allow SAMUEL H NOWDEN to operate the DJI Phantom 3 Professional & The DJI Inspire

- 1 at less than the minimums prescribed in paragraph (b) and (c) of thi s section.

Moreover, Section 91. 119 (d) states that a helicopter may operate at less than the minimums prescribed in Section 91. 119 (b) and (c) provided the operation is conducted without hazard to persons or property on the surface and each person opera ting a helicopter complies with any routes or altitudes specifically prescribed for helicopters by the FAA.

As this exemption is for the operation of the DJI Phantom 3 Professional & The DJI Inspire

- 1 , both by definition

, are rotorcraft s /helicopter s per 14 CFR §1.1 and the exemption requests authority to operate at altitudes up to 500 feet AGL; an exemption may be needed to allow such operations. As set forth herein, the DJI Phantom 3 Professional & The DJI Inspire

- 1 will never operate higher that 5 00 AGL with the exception t hat in circumstances where the UAS is used to survey or photograph a structure whose he ight exceeds 500 feet AGL, the UAS will not be operated more than 100 feet above the highest point on the

structure.

The equivalent level of safety will be achieved given the size, weight, and speed of the DJI Phantom 3 Professional & The DJI Inspire

- 1 as well as the location where it is operated. No flight will be taken without the permission of the property owner. Because of the advance notice give n property owner s and other participants in the activity, all affected individuals will be aware of the planned flight operations. Compared to flight operations with aircraft weighing far more than the maximum 55 pounds proposed herein and the lack of flammable fuel, any risk associated with these operations is far less than those presently presented with conventional aircraft operating at or below 500 feet AGL.

In addition , an enhanced level of safety will be incorpora ted, to ensure each operation will be conducted without hazard to persons or property on the surface by implementation of the Congested Area Plan (CAP) outlined in Appendix D . The CPA will establish a sterile area (a minimum of 500

- foot radius) around the planned area of operations and/or flight path of the UAS. This area will be cleared of any nonparticipating public and maintained clear of any nonparticipating public for the duration of the UAS operation. This will be enforced by the physical presence of barriers and the physical presence of security personnel for the duration of the operation. Again, the Congested Area Plan (CAP) outlined in Appendix D

.18 The Reasons Why Granting SAMUEL H NOWDEN’s Request w ould b e i n t he

Public Interest; That Is, How It Would Benefit t he Public as A Whole.

Granting the present Petition will further the public interest by allowing SAMUEL H NOWDEN to safely, efficiently, and economically perform aerial video and photography of construction sites, building structure continuity, and landscape over
certain areas of the United States.

Additionally, use of the DJI Phantom 3 Professional & The DJI Inspire

- 1 UAS will decrease congestion of the NAS, reduce pollution, and provide significant benefits to the

economy. Notably, the benefits of SAMUEL H NOWDEN ’s proposed operation of the
DJI Phantom 3 Professional & The DJI Inspire

- 1 UAS will be realized without implicating any privacy issues.

1. The Public Will Benefit f rom Decre ased Congestion o f The NAS.

The DJI Phantom 3 Professional & The DJI Inspire

- 1 UA is battery powered and serves as a safe, efficient, and economical alternative to the manned aircraft traditionally utilized to obtain aerial imagery. By reducing the number of manned aircraft needed to perform aerial acquisitions, an exemption allowing the use of a DJI Phantom 3 Professional & The DJI Inspire

- 1 UAS would reduce the number of manned aircraft in the NAS and reduce noise and air pollution, as well as increase the safety of life and property in the air an d 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 Professional & The DJI Inspire

- 1 UA does not require an airport to takeoff or land. Likewise, a reduction of manned aircraft conducting aerial video and photography
missions would result in fewer aircraft that must be handled by air traffic control during the ground, takeoff, departure, arrival, and landing phases of flight operations.

2. The Public Will Benefit f rom The Safety And Efficiency o f The DJI

Phantom 3 Professional & The DJI Inspire

- 1 UAS. Conducting aerial acquisitions with the DJI Phantom 3 Professional & The DJI Inspire

- 1 UAS, instead of manned aircraft, will greatly benefit the public by drastically reducing the levels of air and noise pollution generated during traditional aerial video and still photography flight operations. By using battery power and electric motors, the DJI
Phantom 3 Professional & The DJI Inspire

- 1 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 pho tography, while burning approximately 20

- 30 gallons per hour of leaded aviation
fuel. The DJI Phantom 3 Professional & The DJI Inspire

- 1 UA, while19 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 Professional & The DJI Inspire

- 1 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 Professional & The DJI Inspire

- 1 UA ( weighing approximately 3 pounds and 7 pounds respectively ), has less physical potential for collateral damage to life and property on the g round, and in the air, compared to the manned aircraft that typically conduct similar operations (weighing approximately 6,000 pounds with a wingspan of approximately 42 feet, a length of 34 feet, and a fuel capacity of 180 gallons).

3. Performing Aerial Video and Ph otography Operations w ith t he

DJI Phantom 3 Professional & The DJI Inspire

- 1 UAS Will Benefit

t he Economy.

In addition to being safe and efficient, the DJI Phantom 3 Professional & The DJI Inspire

- 1 UA is also an economical alternative to usin g manned aircraft to conduct similar aerial operations. As such, operation of the DJI Phantom 3 Professional & The

DJI Inspire

- 1 UAS will allow United States based companies, like SAMUEL H

NOWDEN ’s , to remain competitive and contribute to growth of the U.S . economy. In particular, usage of the DJI Phantom 3 Professional & The DJI Inspire

- 1 UA to produce media and aid in tourist development

, specifically in small er urban areas.

Specifically, with the rising cost of aviation fuel and the Environmental Protec tion 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 Professional & The DJI Inspire

- 1 UAS is one such technology that not only allows companies greater operational flexibility compared to manned aircraft, but provides such flexibility without the high operational
cost of a traditional manned aircraft.

By operating the DJI Phantom 3 Profes sional & The DJI Inspire

- 1 UAS, companies
such as SAMUEL H NOWDEN ’s , can remain competitive and profitable, and therefore, provide greater job stability to employees and contractors, which will ultimately contribute to growth of the U.S. economy. Improved financial performance of U.S. companies, through commercial use of the DJI Phantom 3 Professional & The20 DJI Inspire

- 1 UAS, provides a stable workforce that increases consumer spending; improves local, state, and federal tax revenues; and allows companies to invest in research and development in order to remain competitive both in the United States and
abroad.

4. There Are No Privacy Issues.

Similar to the manned aerial acquisition flight operations that have been conducted for decades, SAMUEL H NOWDEN ’s proposed operation of the DJI Phantom 3 Professional & The DJI Inspire

- 1 UAS will not implicate any privacy issues. Specifically, the DJI Phantom 3 Professional & The DJI Inspire

- 1 UAS will be operated only in compliance with operating documents (i.e., The Monthly Maintenance Log, and DJI Phantom 3 Professional & The DJI Inspire

- 1 Instruction Manual) which requires property owner involvement as well as local law enforcement notification, and in accordance with th e Federal Avia tion Regulations.21 The Reasons Why Granting t he Exemption Would Not Adversely Affect Safety, o r

How the Exemption Would Provide a Level o f Safety a t Least Equal t o That Provided by The Rule f rom Which SAMUEL H NOWDEN Seeks Exemption.

1. Reasons Why The DJI Phantom 3 Professional & The DJI Inspire

- 1 UA Meets the Conditions o f 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 it s operation, SAMUEL H NOWDEN ’s operation of the DJI
Phantom 3 Professional & The DJI Inspire

- 1 UAS meets the conditions of FMRA Section 333, and will not require an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H.

Section 333 prov ides authority for a UAS to operate without airworthiness certification and sets forth 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. Specifically, FMRA

Se ction 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 enactment 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 b y section 332 of this Act or the guidance required by section 334 of this Act.

(b) Assessment of Unmanned Aircraft Systems

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

minimum

--
(1) which types of unmanned aircraft syste ms, 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

threa t to national security; and

(2) ) whether a certificate 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).22 (c) Requirements for Safe Operation

. - - If the Secretary determines under this section that certain unmanned aircraft systems may operate safely in the national airspace system, the Secretary shall establish requirements for the safe

op eration of such aircraft systems in the national airspace system.

In seeking this exemption, SAMUEL H NOWDEN submits that the DJI Phantom 3
Professional & The DJI Inspire

- 1 UAS can operate safely in the NAS pursuant to FMRA Section 333, as demonstrated by:

(a) The characteristics of the DJI Phantom 3 Professional & The DJI Inspire

- 1 UA; (b) the pilot certification requirement; and (c) the specific operating limitations.

a. The Specifications o f The DJI Phantom 3 Professional &

The DJI Inspire

- 1 UAS Demonstrates Its Safe Characteristics.

The DJI Phantom 3 Professional & The DJI Inspire

- 1 UAS does not create a hazard to

users of the NAS or the public, or otherwise pose a threat to national security considering its size, weight, speed, and operational capability.

i. Technical Specifications o f The DJI Phantom 3 Professional & The

DJI Inspire

- 1 UAS

The DJI Phantom 3 Professional & The DJI Inspire

- 1 User Manual attached hereto as Appendix A, sets the technical specifications of the DJI Phantom 3 Professio nal & The DJI Inspire

- 1 UAS forth

.

ii. The DJI Phantom 3 Professional & The DJI Inspire

- 1 UAS Autonomous Flight a nd N avigation Modes Enable The UAS

t o Remain Within a Defined Operational Area.23 The DJI Phantom 3 Professional & The DJI Inspire

- 1 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 & The DJI Inspire

- 1 UAS is provided in the DJI Phantom 3 Professional & The DJI Inspire

- 1 User M anual, attached hereto as Appendix A.

iii. The DJI Phantom 3 Professional & The DJI Inspire

- 1 UAS Are Designed for Automatic Return t o Home Point or Hover i n
The Event o f Loss o f t he Control Link o r Navigation.

When the Control Link is lost, the DJI Phantom 3 Professional & The DJI Inspire

- 1 UA will remain stationary, in flight, for 3 seconds or more. If, after 3 seconds, the DJI
Phantom 3 Professional & The DJI Inspire

- 1 UA does not reacquire control link data from the GCS, the UA will assume that the Control 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 Function of the DJI Phantom 3 Professional &

The DJI Inspire

- 1 is set forth on pages 12 through 14 in the DJI Phantom 3

Professional ’s Users Manual and on pages 13 through 15 in t he DJI Inspire

- 1 ’s User s Manual. Both User Manuals are attached hereto as Appendix A.

iv. The DJI Phantom 3 Professional & The DJI Inspire

- 1 GC S a nd
Its Operation.

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

- 1 GCS and flight control software is provided in the

“ Remote Controller ” and “DJI GO APP” sections of both User Manual s re spectively

. Both User Manuals are attached hereto as Appendix A.

b. Fl ight Operations o f DJI Phantom 3 Professional & The DJI Inspire

- 1 UAS Ar e Limited to The Line o f Sight o f a Certificated

Pilot in Command w ith A Safety Observer.

SAMUEL H NOWDEN will act as a pilot in command (PIC) of the DJI Phantom 3

Professional & The DJI Inspire

- 1 UAS. Additionally, a safety observer (SO) will assist him during flight time.24 c. Flights o f DJI Phantom 3 Professional & The DJI Inspire

- 1

UAS will b e Conducted Pursuant t o Specific Operating

Limitations.

In seeking this exemption, SAMUEL H NOWDEN proposes to commercially operate DJI Phantom 3 Professional & The DJI Inspire

- 1 UAS for the special purpose of conducting aerial video and photography over ce rtain 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, rotor craft UASs weighing less than 55

- pounds maximum gross weight: DJI Phantom 3 Professional & The DJI Inspire

- 1 Unmanned 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 l imited to conducting operations for the purpose of aerial video and photography.

The UA may not be flown at an indicated airspeed exceeding 3 0 knots.

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.

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

requ ires 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.

The use of first person view (FPV) by the PIC or safety observer (SO) is not permitted.

All operations must utilize a safety observer (SO). 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 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 SO can perform the functions prescribed in the operating documents.25 The SO 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.

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 follow ed. 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 also 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 t he 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.

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 pe rformed 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.

Any UAS that has undergone ma intenance or alterations that affect the UAS operation or flight 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 rec ords.

3. 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.

4. The operator must follow the UAS manufacturer’s aircraft/component, maintenance, overhaul, replacement, inspection, and life limit requirements.26 5. 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.

6. Each UAS operated under this exemption must comply with all manufacturer Safety Bulletins.

7. The authorized person must make an entry in the aircraft record of the corrective action taken against discrepancies discovered between inspections.

8. The PIC must possess at least a commercial pilot certificate and at least a

current third

- class medical certificate.

9. 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.27 § 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 consid ered nonparticipants, and the PIC must operate the UA with appropriate distance from nonparticipants in accordance with 14 C. F.R. § 91.119 (d)

.

10. UAS operations may not be conducted during night, as defined in 14 C.F.R. § 1.1. All operations must be conduct ed under visual meteorological 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.

11. 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 req uired by the operator’s COA. The letter of agreement with the airport management must be made available to the Administrator upon request.

12. 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.

13. 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.

14. The PIC must abort the flight in the event of unpredicted obstacles or emergencies in accordance with the operating documents.28 15. The PIC is prohibited from beginning a flight unless (considering wind and forecast weather conditions) th ere is enough power to fly at normal cruising speed to the intended landing point and land the UA with 25% battery power remaining.

16. 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.

17. All aircraft operated in accordance with the exemption must be identified by serial number, registered in acc ordance 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.

18. Before conducting operations, the radio frequency spectrum used for operation and control of the UA must comply with the Federal Communications Commission (FCC) or other appropriate government oversight agency requirements.

19. 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.

20. The UA S must remain clear and yield the right of way to all manned aviation operations and activities at all times.

21. The UAS may not be operated by the PIC from any moving device or vehicle.29 22

. 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 nonparticipating persons from the UA and/or debris in the event of an accident. The operator must ensure that nonpartic ipating 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 o r 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 those persons per § 91.119(a).

23. 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.

24. 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 be reported to the National Transportation Safety Board (NTSB) per instructions contained on t he NTSB We b site: www.ntsb.gov.30 2. 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, SAMUEL H NOWDEN will ensure that the DJI Phantom 3 Professional & The DJI Inspire

- 1 UAS is in an airworth y condition based upon the

UAS’ compliance with its operating documents and as stated in the conditions and

l imitations 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).

3

. Reasons Why an Exemption from The Requirements o f 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 Professional & The DJI Inspire

- 1 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 act ive monitoring of the flight path and altitude. This altitude information, combined with SAMUEL H NOWDEN ’s operation of the DJI Phantom 3 Professional & The DJI Inspire

- 1 UA within visual line of sight, at or below 500 feet AGL, will ensure a level of safe ty 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 previo usly 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, 11 157, 11158, 11159, 11160, 11161).31 4. Reasons Why an Exemption from The Requirements of Section 91.151(b) Would Not Adversely Affect Safety.

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 Professional & The DJI Inspire

- 1 UAS; (2) the limitations on the proposed flight operations; and (3) the location of the proposed flight operations. Accordingly, SAMUEL
H NOWDEN will ensure that it will safely operate the battery

- powered DJI Phantom 3
Professional & The DJI Inspire

- 1 UA 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 & The DJI Inspire

- 1 UAS, the limitations on the proposed fl ight 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 & The DJI Inspire

- 1 UAS provides audib le and visual warnings to the PIC at the GCS when the UA 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 & The DJI Inspire

- 1 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 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 previously granted rel ief 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).32 5. Reasons Why a n Exemption f rom 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, SAMUEL H NOWDEN 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 SAMUEL H NOWDEN will use trained technicians to perform maintenance, alterations, or preventive maintenance on the UASs using the methods, techniques, and practices prescribed in the operating documents (i.e. The Monthly
Maintenance Log and DJ I Phantom 3 Professional & The DJI Inspire

- 1 Instruction Manual). Furthermore, SAMUEL H NOWDEN will document and maintain all
maintenance records for the DJI Phantom 3 Professional & The DJI Inspire

- 1 UAS.

Since the DJI Phantom 3 Professional & The DJI Inspire

- 1 UAS will be inspected as prescribed by the operating documents, SAMUEL H NOWDEN 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 Professional & The DJI Ins pire

- 1 User Manual is attached hereto as Appendix A; a n example copy of the DJI Phantom 3
Professional & The DJI Inspire

- 1 UAS Maintenance LOG is attached hereto as Appendix B.

Likewise, the exemption sought will not adversely affect safety because SAMUEL H NOWDEN will use trained technicians to perform maintenance, alterations or preventive maintenance on the UAS using the methods, techniques, and practices prescribed by the operating documents.

Furthermore, the exemption sought would maintain an equivalen t level of safety established by Sections 91.407, 91.417(a) and 91.417(b), because all maintenance of the
DJI Phantom 3 Professional & The DJI Inspire

- 1 UAS will be performed by trained
technicians. Maintenance will be documented and maintained utilizing t he monthly
maintenance log.

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 SAMUEL H NOWDEN ’s proposed operating limitations, the operating documents, and the technical aspects of the DJI Phantom 3 Professional & The

DJI Inspire

- 1 UAS, SAMUEL H NOWDEN submits t hat 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).33 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).

3. The FAA May Prescribe Any Other Conditions f or S afe 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, SAMUEL H NOWDEN requests that the FAA prescribe special conditions for the intended operation of the DJI
Phantom 3 Professional & The DJI Inspire

- 1 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 Sections 91.7(a), 91.119 (b) & (c), 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 UA 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, 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 Professional & The DJI Inspire

- 1 UAS, since the airworthiness regulations of 14 C.F.R. Part 21 do not contain adequate or appropriate safety standards, due to the novel or unusual design features of the aircraft. Section 21.16, entitled Special Condit ions, states the following:

If the FAA finds that the airworthiness regulations of this subchapter do not contain adequate or appropriate safety standards for an aircraft, aircraft engine, or propeller because of a novel or unusual design feature of the aircraft, aircraft engine or propeller, h e prescribes special conditions and amendments thereto for the product. The special conditions are issued in accordance with Part 11 of this chapter and contain such safety standards for the aircraft, aircraft engine or propeller as the FAA finds necessary to establish a level of safety equivalent to
that established in the regulations.

See 14 C.F.R. § 21.16.

Therefore, in accordance with FMRA Section 333 and 14 C.F.R. § 21.16, the FAA may prescribe special conditions for the intended operation of the DJI Phantom 3 Professional34 & The DJI Inspire

- 1 UAS, which contain such safety standards that the Administrator finds necessary to establish a level of safety eq uivalent to that established by 14 C.F.R Sections 91.7(a), 91.119 (b) & (c), 91.121, 91.151(b), 91.40 5(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b).

6 . Reasons Why an Exemption from The Requirements of Section 91.119 (b) & (c) Would Not Adversely Affect Safety.

Moreover, Section 91. 119 (d) states that a helicopter may operate at less t han the minimums prescribed in Section 91. 119 (b) and (c) provided the operation is conducted without hazard to persons or property on the surface

.
As this exemption is for the operation of the DJI Phantom 3 Professional & The DJI Inspire

- 1 , both by definition

, are rotorcraft s /helicopter s per 14 CFR §1.1 and the exemption requests authority to operate at altitudes up to 500 feet AGL; an exemption may be needed to allow such operations. As set forth herein, the DJI Phantom 3 Professional & The DJI Insp ire

- 1 will never operate higher that 5 00 AGL with the exception t hat in circumstances where the UAS is used to survey or photograph a structure whose he ight exceeds 500 feet AGL, the UAS will not be operated more than 100 feet above the highest point on th e structure.

The equivalent level of safety will be achieved given the size, weight, and speed of the DJI Phantom 3 Professional & The DJI Inspire

- 1 as well as the location where it is operated. No flight will be taken without the permission of the property owner. Because of the advance notice given property owner s and other participants in the activity, all affected individuals will be aware of the p lanned flight operations. Compared to flight operations with aircraft weighing far more than the maximum 55 pounds proposed herein and the lack of flammable fuel, any risk associated with these operations is far less than those presently presented with con ventional aircraft operating at or below 500 feet AGL.

In addition , an enhanced level of safety will be incorporated, to ensure each operation will be conducted without hazard to persons or property on the surface by implementation of the Congested Area Plan (CAP) outlined in Appendix D. The CPA will establish a sterile area (a minimum of 500

- foot radius) around the planned area of operations and/or flight path of the UAS. This area will be cleared of any nonparticipating public and maintained clear of an y nonparticipating public for the duration of the UAS operation. This will be enforced by the physical presence of barriers and the physical presence of security personnel for the duration of the operation. Again, the Congested Area Plan (CAP) outlined in Appendix D.35 A Summary That Can Be Published i n The Federal Register, stating: The Rules f rom Which SAMUEL H NOWDEN Seeks Exemption:

SAMUEL H NOWDEN seeks exemption from the requirements of 14 C.F.R Sections 91.7(a), 91.119 (b)&(c), 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 o f t he Nature o f t he Exemption SAMUEL H

NOWDEN Seeks:

This exemption will permit SAMUEL H NOWDEN to commercially operate an Unmanned Aircraft System (UAS) for the purpose of conducting aerial video and photography over certain areas of the United States.

Additional Information, Views, Or Arguments Available t o Support SAMUEL H NOWDEN ’s Request.

This Petition is made pursuant to the FAA Modernization and Reform Act of 2012

(FMRA) Section 333, which directs the Secretary of Transportation to determine

if certain UAS may operate safely in the NAS. As such, SAMUEL H

NOWDEN ’s request for exemption may be granted pursuant to the authority of
FMRA Section 333 a nd 14 C.F.R. Part 11, as set forth above.

FMRA Section 333 sets forth the requirements for considering whether a UAS
will create a hazard to users of the NAS or the public, or otherwise pose a threat to national security; and further, provides the authorit y for such UAS to operate
without airworthiness certification.

As discussed in detail above, SAMUEL H NOWDEN will operate the DJI
Phantom 3 Professional & The DJI Inspire

- 1 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.

Listed in Appendix C is a link to a brief article outlining the environmental

benefits of commercial use of a UAS.37 Appendix A. DJI Phantom 3 Professional & The DJI Inspire

- 1

Link	to	most	current	manual	revision :

http://download.dji

innovations.com/downloads/phantom_3/en/Phantom_3_Professional_User_Man ual_v1.4_en_0915.pdf38 Link	to	most	current	manual	revision:

http://download.dji

- innovations.com/downloads/inspire_1/en/Inspire_1_User_Manual_v1.4_en.pdf39 Appendix B. Proposed Maintenance Log

Appendix C

.

Link to a supportive a rticle outlining the environmental benefits of commercial use of a UAS

http://rotordronemag.com/can

- drones

- save

- planet/ Service Date Aircraft Hours Items performed Items Needing Attention40 Appendix D . Congested Area Plan (CAP)

Persons Authorized

1. Persons Authorized

No person shall be allowed within 500 feet of the aerial operation except those persons necessary for the filming production that are competent to consent, and who give their consent, to be involved in such proximity to the aerial operation (may be reduced to 200 feet minimum only if an equivalent level of safety is achieved). This will include vacating structures within the same distance as specified above unless released from this obligation by authority of the local FAA FSDO. Provisions for implementati on of control over the operation are detailed in “Security”.

A. Necessary Crew and Authorized Persons In all instances, flight operations closer than 500 feet to persons must involve only those consenting persons needed to perform or film the flight. The Ae rial Coordinator will have the responsibility to ensure that this requirement is met, however, the final authority rests with the Pilot

- in

- Command. Only crew necessary to comply with A/C Operating Limitations and A/C Flight Manual will be allowed.

B. Hoveri ng or Ground Run of UAS UAS shall not be hover nor the engines started in spectator or crew areas, unless appropriate measures are taken to preclude creating a hazard. If an UAS is run in a congested area, the immediate area will be secured and guarded by appropriate personnel.

C. Ceasing Operations Filming and flight operations will halt if unauthorized persons, vehicles, or aircraft enter the area of operations, or for any other reason, in the interest of safety. It is imperative that all personnel be awar e of this contingency and signaling procedure. Two

- way radio communications between aircraft and designated ground personnel will be the primary means of notification.

D. Show lines Show lines , man

- made or natural and readily visible to the participants, shall be provided to ensure that aircraft remain the appropriate distance from the spectators and additional crew.

E. Waiver of FAR 91.119 (b) and (c) FAR 91.119(c) is waived only with respect t o those participating person, vehicles, and structures directly involved in the performance of the filming The pilot shall ensure that no persons will be allowed within 500 feet (or as otherwise authorized) of the area except those consenting to be involve d and directly connected with the filming operation.41 F. Roads and Highways Roads and highways within 500 feet (or as otherwise authorized) of filming locations are to be devoid of vehicular traffic. Signs, guards, or other means of securing the roads will be utilized.

Security

1. General: Having secured permission to operate in a specific area in accordance with the guidelines special security will be provided to exclude all persons not covered by written or verbal permission from within 500 feet (or as ot herwise authorized).

2. Ceasing Operations: Filming and flight operations will halt if unauthorized persons, vehicles, or aircraft enter the area of operations, or for any other reason, in the interest of safety. It is imperative that all personnel be aw are of this contingency and signaling procedure. Two

- way radio communications between aircraft and designated ground personnel will be the primary means of notification.

3. Personnel: Often, production companies hire uniformed off

- duty police officers and/ or private security; however, there is no requirement to have “uniformed” security personnel. The PIC shall be responsible for ensuring that a sufficient number of persons are designated for the purpose of providing the security required. All personnel m ust be familiar with the means of stopping operations if necessary (see item 2).

4. Boundaries: Secure areas / zones, will normally be marked or cordoned off by a means visible to non

- participants. Additionally, a manned control point should be established for entry and exit of the secured area. If sufficient personnel are available to control unauthorized access, the area / zone need not be marked.

5. Security

- Security may consist of any person or group of persons that the PIC or producer has provided to b e in charge of security. Frequently, security personnel are local off

- duty or retired law enforcement officers.42 Briefing of Pilot / Production Personnel

1. Content and Persons to be Briefed: A briefing shall be given to all persons observing or actively participating in the production operation within the secure area as to the risks involved, emergency procedures to be followed, and applicable safeguards to be employed and maintained. Invol ved personnel will also be briefed on any special provisions that may be issued by the FAA FSDO, including the location of boundaries and any time limits imposed by the waiver. The briefing shall include:

a. Authorizations & Certificate of Waiver and the att ached provisions b. Operations manual

c. UAS parking and starting d. UAS procedures

e. Radio communication f. Takeoff procedures

g. Aviation activities to be conducted during the filming h. Approach and landing procedures i. Recall procedures j. Emergency procedures k. Risks to partic ipating personnel l. How to control nonparticipating persons

Permission to Operate

1. Permission to Operate

Once the area of operation has been defined as to responsible agencies and private property owners, permission to operate may be obtained by studio or production company personnel. The PIC or their designated representative, shall have the responsibility of verifying that the proper permission has been granted for flight operations closer than 500 feet to the following sources, as applicable :

A. Property Owners Permission must be obtained, prior to the event; any time operations will be conducted closer than 500 feet to private property. This permission to operate may be granted verbally, however, written permission is preferred.

B. Law Enforce ment Agencies Before filming operations commence in areas such as cities, towns, and densely populated areas, the local Police, Sheriff, or other appropriate agencies will be contacted, and the required permits, if any, secured.

C. Fire Departments In the ca se of fire hazard areas, adherence to the local Fire Department regulations is required and the necessary permits, if any, obtained. In most cases, the Fire Department will require their representative to be present43 during filming operations.

D. State or Fe deral Governments Even though local permission may be granted, State or Federal approval may still be required. On occasion, the operation may involve more than one agency, i.e. State land overlapping, or adjacent to, federally administered land such as a n Indian Reservation. In those cases, permission must be obtained from all agencies affected.

E. FAA Air Traffic Control Facilities Prior to any operation conducted within controlled airspace, notification shall be provided to the appropriate FSDO and ATC facility. Arrangements shall be made for communications and separation requirements, and any special provisions deemed necessary by that facility to enhance the safety of operation provisions, such as posting of NOTAMs. NOTAMs shall be provided to the ap propriate FSS no earlier than 72 hours and no later than 48 hours.

Communications

1. General :

Communications are an important tool and asset for the production companies and will be incorporated into each production. In all cases, it is essential that effective communication be established between delegated responsible parties on the ground, and any aircraft involved in the operation. These communications will be established through FM, VHF radios, pre

- briefed visual signals, or any other suitable means. In the event of unfore seen circumstances, communications breakdown, recall/stop order or any safety hazard, the filming operation will be halted utilizing the established communications means.

A. Two

- way radio communications will be the primary means of communication between grou nd personnel and an aircraft. This can be accomplished using either aviation VHF or radios provided by the production company. It is important for the Aerial Coordinator and/or the Aerial Unit Safety Supervisor to have radio communications with productio n company personnel if aviation VHF is used.

B. Visual signals should be standard, clear in their meaning, and understood by all personnel directly involved with the aircraft’s use in production. As a minimum, there should be a signal for ceasing operations if unauthorized persons or equipment enter the area. Additionally, procedures to be used in the event of radio failure should be understood prior to filming and will be cover during the briefing of pilot and production personnel.44 - END

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