October 21, 2015

Attention : U.S. Department of Transportation Docket Management System 1200 New Jersey Avenue, S.E. West Building Ground Floor, Room W12-140 Washington, DC 20590

Reference : Jean Philippe Stuart DBA JPS Legal Video request for an exemption from the requirements of Title 14 of the Code of Federal Regulations: Part 21, subpart H, 61.113(a) & (b), 91.103(a) and (b), 91.105, 91.109, 91.119, 91.121, 91.151, 91.405, 91.407, 91.409, and 91.417 concerning commercial operation of DJI Phantom 2 and DJI Phantom 3 unmanned aircrafts systems pursuant of section 333 of the FAA Modernization and Reform Act of 2012, public law 112-95.

Petitioner : Jean Philippe Stuart DBA JPS Legal Video Jean Philippe Stuart, Owner 9190 W. Olympic Blvd Suite #286 Beverly Hills, CA 90212 Tel: (310) 869-0715 jp@jpslegalvideo.com

Page of 1 7

### Introduction:

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (the Reform Act) and 14 C.F.R. Part 11.81, Jean Philippe Stuart DBA JPS Legal Video, hereby applies for an exemption from the listed Federal Aviation Regulations ("FARs") to allow commercial operation of its small unmanned aircrafts for these services:

. Pre-Construction Video . Pre-Construction Photographs . Progress Photographs
. Post-Construction Videos . Post-Construction Photographs

for various clients such as water companies, cities, general contractors, farmers and other governmental agencies in addition to the same services for real estate agencies, private individuals, private events and artistic creations.

All operations shall be conducted within and under the conditions and limitations outlined previously by the FAA as required by Section 333 and conducted in compliance with the attached operator’s manuals.



### I . Sections from which exemptions are sought: Application is hereby made for exemption from:

a. 14 CFR Part 21, subpart H b. 14 CFR Part 61.113(a) and (b)
c. 14 CFT Part 91: i. 91.103(b)(2)

ii. 91.105

iii. 91.109
iv. 91.119

v. 91.121

vi. 91.151

vii. 91.405
viii. 91.407

ix. 91.409

x. 91.417

Page of 2 7

### 2. Relief sought:

a. Jean Philippe Stuart DBA JPS Legal Video wishes to operate small Unmanned Aircraft Systems (sUAS) for commercial purposes to include (but not be limited to) :

. Pre-Construction Video . Pre-Construction Photographs . Progress Photographs
. Post-Construction Videos . Post-Construction Photographs

for various clients such as water companies, cities, general contractors, farmers and other governmental agencies in addition to the same services for real estate agencies, private individuals, private events and artistic creations.

This relief is sought because commercial use of sUAS is currently prohibited by law unless performed under an exemption. b. This exemption will cover use of the following airframes, all of which will weigh less than 55 pounds including payload and energy sources: i. MULTIROTOR service-drone Eagle V2 (see www.service-drone.com/en/shop/uav/ multirotor-g4-eagle/multirotor-g4-eagle-v2) with fully redundant flight control and flight
recorder ii. DJI Phantom 2 (see www.dji.com/product/phantom-2) iii. DJI Phantom 3 (see www.dji.com/product/phantom-3 ) iiii. Other models to be added by future amendment to this exemption.



### 3. Public benefit:

a. Use of sUAS technology to obtain imagery, information and data currently obtained by use of manned flight or manual methods: i. Reduces statistical risk to human life due to manned aircraft accidents (e.g., infrastructure inspections) and due to other dangerous activities that can be avoided (e.g., scaffolding/rigging failures during stack or bridge inspections). ii. Reduces the cost of obtaining such information, which benefits consumers and the economy. In addition, it will allow United States based companies, like Jean Philippe Stuart DBA JPS Legal Video, to remain competitive and contribute to growth of the U.S. economy. Specifically, with the rising cost of aviation fuel and the Environmental 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 2 and 3 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 2 and 3 UAS, companies such as Jean Philippe Stuart DBA JPS Legal Video, can remain competitive and

Page of 3 7profitable, 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 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. iii. Reduces environmental impact by eliminating sources of hydrocarbon emissions from manned aircraft. Conducting aerial acquisitions with the DJI Phantom 2 and 3 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 2 and 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 2 and 3 UAS, 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.

b. There Are No Privacy Issues: Similar to other manned aerial acquisition flight operations that have been conducted for decades, Jean Philippe Stuart DBA JPS Legal Video proposed operation of the DJI Phantom 2 and 3 UAS will not implicate any privacy issues. Specifically, the DJI Phantom 2 and 3 UAS will be operated only in compliance with operating documents (Monthly Maintenance Log, and DJI Phantom 2 and 3 Instruction Manual) which requires property owner involvement as well as local law enforcement notification, and in accordance with the Federal Aviation Regulations, including the minimum altitude requirements of 14 C.F.R. § 91.119



### 4. Reasons why the DJI Phantom 2 and 3 UAS 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 aircrafts and its operation, Jean Philippe Stuart DBA JPS Legal Video’s operation of the DJI Phantom 2 and 3 UAS meet 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 provides 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 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 enactment of this Act, the Secretary of Transportation shall determine if certain unmanned aircraft systems may operate safely in the

Page of 4 7national airspace system before completion of the plan and rulemaking required by 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 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 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). (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 operation of such aircraft systems in the national airspace system.



### 5 . Safety not adversely affected:

Jean Philippe Stuart DBA JPS Legal Video submits that the equivalent level of safety established by Section61.113(a) and (b) will be maintained because no PIC will be allowed to operate the DJI Phantom 2 and 3 UAS unless that PIC has demonstrated, by meeting minimum flight-hour and currency requirements, that the PIC is able to safely operate the DJI Phantom 2 and 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 the proposed area of operations, and the operating limitations set forthabove; the parallel nature of private pilot aeronautical knowledge requirements to those of commercial pilot requirements (See Exemption No. 11062); and the airmanship skills necessary to safely operate the DJI Phantom 2 and 3 UAS, Jean Philippe Stuart DBA JPS Legal Video submits that the additional manned airmanship experience of a commercially certificated pilot would not correlate to the airmanship skills necessary for
the specific proposed flight operations.

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 #: 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110, 11112, 11136, 11138, 11150, 11153, 11156, 11158, 11159, 11160, 11161).

a. Aircraft will be registered and marked in accordance with Section 44711 and Part 47 and Part 45, Subpart C.

Page of 5 7b. Aircraft will comply with maintenance and inspection requirements of the manufacturer. All repair and maintenance work will be conducted or approved by qualified personnel such as those authorized by Robotic Skies (or equivalent), and will require a test flight after such work. Records of all maintenance and repair work will be kept in a maintenance log for each aircraft. c. All flight operations will be conducted by at least two individuals (PIC and observer) who will maintain verbal communication capability with each other at all times during the flight, and who will remain stationary on the ground during the flight operations: i. A Pilot In Command (PIC) who possess the following credentials: 1. An Airman Certificate issued under 14 CFR 61 (private pilot license) screened by the
TSA
2. A Third Class medical certificate issued under 14 CFR 67. 3. A bi-annual flight review under 14 CFR 61.56 4. Successful completion of a UAS knowledge test in a specified form. 5. At least 200 cycles and 25 hours of flight experience in a UAS rotorcraft (or UAS fixed-wing in the case of fixed-wing flight operations under this exemption). Such cycles and hours may be gained during flights under this exemption if a safe distance is maintained from persons in accordance with 14 CFR 91.119. 6. At least 5 hours of flight experience and 3 takeoffs and landings in make and model being flown in the prior 90 days. Such cycles and hours may be gained during flights under this exemption if a safe distance is maintained from persons in accordance with
14 CFR 91.119.
ii. A Visual Observer. iii. A Sensor Operator as necessary. d. All flight operations will be conducted in accordance with valid Certificates of
Authorization. e. All flight operations will comply with the following:
i. The manufacturers’ user manuals. ii. bizUAS Flight Operations and Procedures Manual (FOPM) and Aircraft Flight Manuals (AFM) which include lost communication and other emergency and safety procedures. iii. Conducted in VMC conditions during daylight hours.
iv. PIC and VO will maintain VLOS at all times. v. Pre-flight inspections (including ground control station, if any) and safety risk assessments will be conducted prior to each flight. vi. Flight altitudes will remain below 400 feet above ground level. vii. Flight ground speeds will not exceed 50 knots. viii. Not intrude into Class B, C or D airspace, or published approach, SID or STAR, or take place within 5 nautical miles of an airport. ix. Not be made near persons as required in 14 CFR 91.119 and not over persons on the ground without their prior permission. x. Each flight will be logged in both the PIC’s logbook and the aircraft logbook. xi. Not exceed 75% of the battery or fuel capacity of the aircraft, or 30 minutes,
whichever occurs first. xii. Any incidents will be reported within 24 hours of occurrence.

Page of 6 7xiii. bizUAS Corp will maintain liability insurance of at least $1,000,000 issued by a major aviation insurance underwriter. xiv. Any applicable local FSDO requirements. xv. All other applicable regulations concerned with the operation of aircraft. f. Aircraft will use FCC compliant 2.4 GHz for command & control of the aircraft with well-defined and tested lost link procedures. Please advise us of any additional information or changes that may be required.



### Conclusion:

As set forth herein, Jean Philippe Stuart DBA JPS Legal Video seeks an exemption pursuant to 14 C.F.R. §11.81 and Section 333 of the FAA Modernization and Reform Act of 2012 (FMRA), which will permit safe operation of the DJI Phantom 2 and 3 UAS commercially, without an airworthiness certificate, for the limited purpose 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 Jean Philippe Stuart DBA JPS Legal Video to safely, efficiently, and economically operate the DJI Phantom 2 and 3 UAS commercially within the NAS.



### Manuals:

A – Link to DJI Phantom 3 Manual: Click on link below http://download.djiinnovations.com/downloads/phantom_3/en/ Phantom_3_Professional_User_Manual_v1.2_en.pdf

B – Link to DJI Phantom 2 Manual: Click on link below http://download.dji-innovations.com/downloads/phantom_2/en/ PHANTOM2_User_Manual_v1.04_en.pdf

Respectfully submitted,

Jean Philippe Stuart DBA JPS Legal Video Jean Philippe Stuart, Owner 9190 W. Olympic Blvd Suite #286 Beverly Hills, CA 90212 Tel: (310) 869-0715 jp@jpslegalvideo.com

Page of 7 7