UNITED STATES OF AMERI CA DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION

WASHI NGTON, DC

Regulatory

Docket No. _______________

**IN THE MATTER OF THE PETITION FOR EXEMPTION OF:**  **KENT H. SHORE 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) CONC ERNING COMMERCIAL**  **OPERATION OF DJI PHANTOM 3**  **UNMANNED AIRCRAFT SYSTEMS**

**PURSUANT TO SECTION 333 OF THE FAA MODERNIZATION AND REFORM ACT OF 2012** 

**(PUBLIC LAW 112 -**  **95)**

Submitted on July

10th , 2015 Kent H. Shore 4116 72nd Ave E Sarasota, FL 34243 Tel: ( 941 ) 388

- 89322 **TABLE OF CONTENTS** Page GLOSSARY OF ABBREVIATIONS...................................................................................3 SUMMARY...................................................................................................................... .....4 IN TRODUCTION AND INTERESTS OF PETITIONER....................................................4 BACKGROUND................

.................................................................................................... 5 BASI S FOR PETITION......................................................................................................... 6 NAME AND ADDRESS OF PETIT IO NER............................................................. 8 THE SPECIFI C SECTIONS OF 14 C.F.R. FROM WHI CH KENT H. SHORE SEEKS EXEMPTI ON

................................ ................................ .............................. 8 THE EXTENT OF RELIEF KENT H. SHORE SEEKS AND THE REASON KENT H. SHORE SEEKS THE RELIEF

................................ .............................. 12 THE REASONS WHY G RANTING KENT H. SHORE ’S REQUEST WOULD BE IN THE PUBLIC IN TEREST

................................ ................................ .......... 16 THE REASONS WHY GRANTING THE EXEMPTI ON WOULD NOT ADVERSELY AFFECT SAFETY..........................................................................19 SUMMARY THAT CAN BE PUBLISHED INTHE F EDERAL REGI STER......33 ANY ADDITIONAL INFORMATION, VIEWS, OR ARGUMENTS AVAILABLE TO SUPPORT KENT H. SHORE ’S REQUEST

............................ 34 CONCLUSION................................................................................................................... .35 APPENDI CES........................................................................................3 73 **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 Aviation Regulation GCS Ground Control Station GPS Global Positioning System LOL Loss of Link NAS National Airspace Sy stem NOTAM Notice to Airman PI C Pilot In Comman d Section 333 FAA Modernization and Reform Act of 2012 (FMRA) Section 333 SO Safety Observer SOP Standard Operating Procedures UA Unmanned Aircraft UAS Unmanned Aircraft Sy stem VFR Visual Flight Rules VLOS Visual L ine of Site VMC Vis ual Meteorological Conditions VTOL Vertical Takeoff and Landing4 **SUMMARY** Kent H. Shore 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), and 91.417(a) & (b), to operate an Unmanned Aircraft Sy stem pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (FMRA). This exemption will permit Kent H. Shore to operate an Unmanned Aircraft S ys tem (UAS) for the commercial purpose of conducting aerial video and photography of construction sites, real estate, agriculture, search and rescue and landscape over certain areas of the United States.

**INTRODUCTION AND INTERESTS OF THE PETITIONER** Kent H. Shore provides its clients with aerial photo and video

. Kent H. Shore has over 5 ye ars of professional video and photography

. He is a licensed instrument rated pilot. He has over 10 ye ars recreational/hobby RC experience in fixed wing and VTOL fl yi ng . He has hundreds of hours of experience of safe flying. His understanding of aviation safety, airspace and altitude regulations make my operations of drones safer than literally 99% of society

. The objective of Kent H. Shore ’s aerial video and photograph y operatio n s is to provide high quality

imaging for a variety

of commercial, public, and residential uses, specificall y targeting:

 Real

- estate

 Construction sites before and after

 Aerial acquisitions used for inspections of public and private structures.

 Agriculture inspection

 Special event coverage

 In crease public knowledge of UAS and promote safe UAS operations

 Search and Rescue operations5 **BACKGROUND** Unmanned Aircraft Sy stems: DJIPhantom 3 Professional UAS Kent H. Shore seeks an exemption to operate DJIsy stems for compensation or hire within the NAS. The DJ I Phantom 3 Professional is a vertical takeoff and landing (VTOL) Unmanned Aircraft (UA) with a Ground Control Station (GCS) utilizing electronic tablet or smart phon e s ys tems. The DJ I Phantom 3 Professional has a maximum gross weight of approximately

2 pounds 11 ounces, while having a length of 16 inches , width of 16 inches, height of 8 inches, and a maximum speed of approximately 29 knots. The DJIPhantom 3 Professio nal UA is equipped with four main rotors; driven by L ithium Polymer battery powered electric motors. The DJ I Phantom 3 Professional UA that will be operated b y Kent H. Shore will be registered in accordance with 49 U.S.C. 44103, Registration of Aircraft , as well as 14 C.F.R Part 47, Aircraft Registration , and marked in accordance with 14 C.F.R. Part 45, Identification and Registration Marking

.6 **BASIS FOR PETITION** Petitioner, Kent H. Shore , 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 , hereb y petitions the Administrator to commercial ly operate the DJ I Phantom 3 Professional , UAS in the National Airspace Sy stem (NAS), and for an 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), and 91.417(a) & (b)

. In consideration of the speed, weight, size, and limited operating area associated with the unmanned aircraft and its operation, Kent H. Shore ’s DJ I Phantom 3 Professional UAS meets the conditions of FMRA Section 333 and therefore, will not require an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H. Accordingl y, Kent H. Shore 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 onl y apply to aircraft with an airworthiness certificate. Kent H. Shore submits that the requested relief is proper since an equivalent level of safety will be ensured. Kent H. Shore will use experienced personnel or technicians to perform maintenance, alterations, or pr eventive maintenance on the UAS using the methods, techniques, and practices prescribed in the operating documents (i.e., Monthly Maintenance Lo g , and DJIPhantom 3 Professional In struction Manual). Furthermore, Kent H. Shore will document and maintain all maintenance records for the DJ I Phantom 3 Professional UAS

. Relief from certain requirements of Section 61.113(a) and (b), entitled Private pilot privileges and limitations: Pilot in command, is requested by Kent H. Shore t o the extent7

necessary to allow a Pilot in Command (PI C) holding a private pilot or higher level certificate, as well as an airman medical certificate, and who has demonstrated, b y meeting minimum flight

- hour and currency requirements, that the PI C is abl e to safely operate the DJIPhantom 3 Professional UAS in a manner consistent with this exemption, including evasive and emergency

maneuvers and maintaining appropriate distances from people, vessels, vehicles and structures. Kent H. Shore seeks relief from Section 91.7(a), entitled Civil aircraft airworthiness , because the DJ I Phantom 3 Professional UAS do not require an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H. As such, Kent H. Shore submits that he will ensure that the D JIPhantom 3 Professional UAS is in an airworth y condition, prior to every flight, b y determining that the UASs are in compliance with the operating documents (i.e., Monthly Maintenance Log, and DJ I Phantom 3 Professional Instruction Manual), and that the aircraft is in a condition for safe flight. Kent H. Shore also seeks an exemption from the requirements of Section 91.121, entitled Altimeter Settings , as the DJ I Phantom 3 Professional UA will not have a typical barometric altimeter onboard. However, altitude information of the DJ I Phantom 3 Professional UA will be provided to the PI C 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 Kent H. Shore operation of the DJ I Phantom 3 Professional UAS within visual line of sight, at or below 500 feet AGL , will ensure a level of safety equivalent to Section 91.121. Additionally , Kent H. Shore seeks an exemption from the requirements of Section 91.151(b), entitled Fuel requirements for flight in VFR conditions

. Kent H. Shore submits that safety will not be affected b y operation of the DJIPhantom 3 UA during daylight8

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 fl y after that for at least 4.5 minutes. In accordance with 14 C.F.R. § 11.81, Kent H. Shore provides the following information in support of its petition for exemption: **A. Name And Address Of The Petitioner.**  The name and address of the Petitioner and point of contact is: Kent H Shore 4116 72nd Ave E Tel: ( 941 ) 388

- 8932 Email: shorekhs @gmail.com

**B. The Spec**  **ific Sections Of 14 C.F.R. From Which**  **Kent H. Shore Seeks Exemption.**  **1. Kent H. Shore**  **Seeks 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 (PI C) of an aircraft that is carrying passengers or property for compensation or hire; nor may

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 emplo ym ent if

— (1) The flight is only

incidental to that business or employ ment; and (2) The airc raft does not carry passengers or property

for compensation or hire.
**2. Kent H. Shore**  **Seeks Exemption From The Requirements Of Section 91.7(a).** 9 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 airworthy condition. **3. Kent H. Shore**  **Seeks Exemption From The Requirements Of 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, b y reference to an altimeter that is set, when operating

-- (1) Below 18,000 feet MSL , to
-- (i) The current reported altimeter se tting of a station along the route and within 100 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. Kent H. Shore**  **Seeks Exemption From The Requirements Of Section 91.151(b).**  Section 91.1 51, 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. **5. Kent H. Shore**  **Seeks Exemption From The Requirement Of Section 91.405(a).**  Section 91.405, entitled Maintenance required, subsection (a), states the following: Each owner or operator of an aircraft

—10 (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[.] **6. Kent H.**  **Shore Seeks Exemption From**  **The Requirements Of 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 has undergone maintenance, preventive maintenance, rebuilding, or alteration unless

-- (1) It has been approved for return to service b y a person authorized under § 43.7 of this chapter[.] **7. Kent H. Shore**  **Seeks Exemption From The Requirements Of Sect ions**  **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 b y 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. **8. Kent H. Shore**  **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 §§ 91.411 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

--11 (i) A description (or reference to data acceptable to the Administrator) of the wo rk 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: (i) The total time in ser

vice 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 inspe ction 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 revisio n date. If the AD or safety directive involves recurring action, the time and date when the next action is required. (vi) Copies of the forms prescribed b y § 43.9(d) of this chapter for each major alteration to the airframe and currentl y 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 b y oth er work or for 1 ye ar after the work is performed. (2) The records specified in paragraph (a)(2) of this section 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 o r operator under § 43.11 of this chapter shall be retained until the defects are repaired and the aircraft is approved for return to service.12

**C. The Extent Of Relief Kent H. Shore**  **Seeks And The Reason Kent H. Shore**  **Seeks The Relief.**  **1. Extent Of Relief Kent H. Shore**  **Seeks And The Reason Kent H. Shore**  **Seeks Relief From Section 61.113(a) And (b).**  Relief from Section 61.113(a) and (b) entitled Private pilot privileges and limitations: Pilot in command, is requested to the extent necessary to allow a PI C ho lding a private pilot or higher level certificate, as well as a current and valid airman medical certificate, and who has met certain flight

- hour and currency requirements, to conduct the proposed UAS flight operations for compensation or hire. This relie f 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 PI C of an aircraft in connection with any business or emplo ym ent if: (1) The flight is only incidental to that busi ness or employ

ment; and (2) The aircraft does not carry passengers or property for compensation or hire. As set forth more full y below, Kent H. Shore submits that an equivalent level of safety will be maintained because no PIC will be allowed to operate the DJ I Phantom 3 Professional UAS unless that PI C has met certain flight

- hour and currency requirements, demonstrating that the PIC is able to safel y operate either the DJ I Phantom 3 Professional 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, Kent H. Shore submits that all flights of the DJ I Phantom 3 Professional UAS , cond

ucted b y the PIC pursuant to the grant of this Petition: (1) will be incidental to Kent H. Shore ’s business; and (2) will not carry passengers or property for compensation or hire.13 **2. Extent Of Relief Kent H. Shore**  **Seeks And The Reason**  **Kent H. Shore Seeks**  **Relief From Section 91.7(a).** Relief from Section 91.7(a) entitled Civil aircraft airworthiness , is requested to the extent required to allow Kent H. Shore to determine that the DJ I Phantom 3 Professional UAS is in airworthy

condition prior to every

flight by ensuring that the UAS is in compliance with the operating documents (i.e., the Kent H. Shore Aerial Operations Manual, Monthly

Maintenance Log, and DJ I Phantom 3 Professional In struction Manual). Kent H. Sh ore seeks the requested relief because the DJ I Phantom 3 Professional UAS do not require an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H. Therefore, Kent H. Shore will ensure that the DJ I Phantom 3 UAS are in airworth y conditio n based upon its compliance with the operating documents (i.e ., Monthly Maintenance Log, and DJ I Phantom 3 Professional Instruction Manual) prior to every flight, and further, determine that the aircraft are in condition for safe flight, as stated in the c onditions and limitations below. **3. Extent Of Relief**  **Kent H. Shore Seeks And The Reason**  **Kent H. Shore**  **Seeks Relief From Section 91.121.**  Relief from Section 91.121, entitled Altimeter settings , may be required to allow flight operations of the DJIPhantom 3 Professional UAS , which utilize a barometric pressure sensor, GPS equipment, and a radio communications telemetry data link to downlink altitude information from the UA to the PI C at the ground control station (GCS). Since the FAA requires that any alti tude information concerning UAS operations be reported to air traffic control (ATC) in feet above ground level (AGL), Kent H. Shore seeks the requested relief because the DJ I Phantom 3 Professional 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.14 Considering the limited altitude of the proposed operations, relief from 14 CFR 91.121 is sought to the extent neces sary to comply

with the applicable conditions and limitations stated below. As more full y set forth herein, an equivalent level of safety will be maintained since the DJIPhantom 3 Professional UA is equipped with a barometric pressure sensor and GPS equip ment, which automatically ensures that a ground level pressure setting will be established prior to each flight, and provides the PIC with altitude information of the UA on the heads

- up display of the GCS. **4. Extent Of Relief Kent H. Shore**  **Seeks And The R eason**  **Kent H. Shore Seeks**  **Relief From Section 91.151(b).** Relief from Section 91.151(b) entitled Fuel requirements for flight in VFR conditions , is requested to the extent required to allow flights of the battery powered DJ I Phantom 3 Professional UA duri ng 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 fl y after that for at least 4.5 minutes. Kent H. Shore seeks the requested relief because without an exemption from Section 91.151(b), the flight time duration of the battery powered DJ I Phantom 3 Professional UAs will severel y constrain the practicality of any aerial video or still photo flight operations that Kent H. Shore proposes to conduct pursuant to this Petition. Significantl y, as set forth below, the technical specifications of the DJ I Phantom 3 Professional UAS , operating documents, and Kent H. Shore ’s proposed operating limitations, ensure that Kent H. Shore will safel y operate the battery powered DJIPhantom 3 Professional UA during daylight hours in visual meteorological conditions (VMC), under visual flight rules (VFR), with enough battery power to fl y for a total duration of 13.5 minute s to the first point of intended landing and, assuming normal cruising speed, to fl y after that for at least 4.5 minutes.15 **5. Extent Of Relief Kent H. Shore**  **Seeks And The Reason Kent H. Shore**  **Seeks Relief From 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 appl y to aircraft with an airworthiness certificate, Kent H. Shore requests relief from these Sections because the DJ I Phantom 3 Profes sional UAS do not require airworthiness certificates. As set forth more fully below, the DJI Phantom 3 Professional UAS meet the conditions of FMRA Section 333 for operation without an airworthiness certificate. Accordingl y, Kent H. Shore will use trained technicians to perform maintenance, alterations, or preventive maintenance on the UASs using the methods, techniques, and practices prescribed in the UAS operating documents (i.e., the Kent H. Shore Aerial Operations Manual, Monthly Maintenance Log, and DJ I Phantom 3 Instruction Manual). Furthermore, Kent H. Shore will document and maintain all maintenance records for the DJIPhantom 3 UAS

.16

**D. The Reasons Why Granting Kent H. Shore**  **’s Request Would Be In The Public**  **Interest; That Is, How It Would Benefit The Public As A Whole.** Granting the present Petition will further the public interest b y allowing Kent H. Shore to safel y, efficiently, and economically perform aerial video and phot ograph y of construction sites, real estate, and landscape over certain areas of the United States. Additionally , use of the DJIPhantom 3 Professional UAS will decrease congestion of the NAS, reduce pollution, and provide significant benefits to the economy . Notabl y, the benefits of Kent H. Shore ’s proposed operation of the DJ I Phantom 3 UAS will be realized without implicating any

privacy issues. **1. The P ublic Will Benefit From Decreased Congestion Of The NAS.**  The DJ I Phantom 3 Professional and UA is battery powered and serve as a safe, efficient, and economical alternative to the manned aircraft traditionally utilized to obtain aerial imagery . By

reducin g the amount of manned aircraft needed to perform aerial acquisitions, an exemption allowing the use of a DJIPhantom 3 Professional UAS would reduce the amount of manned aircraft in the NAS, reduce noise and air pollution, as well as increase the safety o f life and property in the air and on the ground. Furthermore, b y reducing the number of manned aircraft operating in the NAS, congestion around airports caused b y arriving and departing aircraft will be reduced. The DJIPhantom 3 Professional UA do es not require an airport to takeoff or land. L ikewise, a reduction of manned aircraft conducting aerial video and photography missions would result in fewer aircraft that must be handled b y air traffic control during the ground, takeoff, departure, arrival, and landing phases of flight operations. **2. The Public Will Benefit From The Safety And Efficiency Of The DJI**  **Phantom 3 Professional UAS**  **.** Conducting aerial acquisitions with the DJIPhantom 3 Professional UASs, instead of manned aircraft, will greatl y benefit the public by drasticall y reducing the levels of air17

and noise pollution generated during traditional aerial video and still photography flight operations. By

using battery

power and electric motors, the DJ I Phantom 3 Professional UAS produce no air pollution, and is the most viable environmentall y conscious alternative to the cabin class, six cylinder internal combustion engine aircraft that are ty picall y utilized for aerial video and photography, whi le burning approximately 20

- 30 gallons per hour of leaded aviation fuel. The DJIPhantom 3 Professional UA S , while reducing the carbon footprint of aerial acquisitions, also eliminates noise pollution, as the UAs are propelled b y battery powered electric m otors, rather than an internal combustion engine. By using the DJ I Phantom 3 Professional 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 completel y eliminated. Aside from the lack of flight crew members located onboard the aircraft, the DJ I Phantom 3 Professional UA (weighing approximately 3 pounds 11 ounces, at their maximum gross wei ghts with lengths of 16 inches, widths of 16 inches, and with no fuel on board), has less phy sical potential for collateral damage to life and property on the ground, and in the air, compared to the manned aircraft that ty picall y 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 Photography Operations With The DJI**  **Phantom 3 Professional UAS**  **Will Benefit The Econom y.**  In addition to being safe and efficient, the DJ I Phantom 3 Professional UAS are also an economical alternative to using manned aircraft to conduct similar aerial operations. As such, operation of the DJ I Phantom 3 Professional UAS will allow United States based companies, like Kent H Shore , to remain competitive and contribute to growth of the U.S. econom y. Specificall y, with the rising cost of aviation fuel and the18

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 DJ I Phantom 3 Professional UAS is one such technology that not onl y allows companies great er operational flexibility compared to manned aircraft, but provides such flexibility without the high operational cost of a traditional manned aircraft. By operating the DJ I Phantom 3 Professional UAS , companies such as Kent H Shore , can remain competiti ve and profitable, and therefore, provide greater job stability to employees and contractors, which will ultimately contribute to growth of the U.S.
econom y. Improved financial performance of U.S. companies, through commercial use of the DJ I Phantom 3 Prof

essional 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, Kent H Shore's proposed operation of the DJ I Phantom 3 UAS will not implicate any privacy issues. Specifically , the DJ I Phantom 3 Professional UAS will be operated only in compliance with operating documents (i.e., the Kent H Shore's Aerial Operations Manual, Monthly

Maintenance Log, and DJ I Phantom 3 Professional In struction Manual) which requires property

owner involvement as wel l as local law enforcement notification, and in accordance with the Federal Aviation Regulations, including the minimum altitude requirements of 14 C.F.R. § 91.119.19

**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**  **Kent H. Shore Seeks Exemption.**  **1. Reasons Why The DJI Phantom 3 Professional**  **UA S**  **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, Kent H Shore's operation of the DJ I Phantom 3 Professional 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. Specificall y, 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 national airspace system before c ompletion 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 th e 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 aircra

ft systems in the national airspace system.20 In seeking this exemption, Kent H Shore submits that the DJ I Phantom 3 Professional UAS can operate safel y in the NAS pursuant to FMRA Section 333, as demonstrated b y: (a) the characteristics of the DJ I Phantom 3 Professional and DJIInspire 1 UASs; (b) the pilot certification requirement; and (c) the specific operating limitations.

**a. The Specifications Of The DJI Phantom 3 Professional**  **1 UAS**  **Demonstrate Its Safe Characteristics.** The DJ I Phantom 3 Professional UAS do 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 Of The DJI Phantom 3**  **UAS .**  The technical specifications of the DJ I Phantom 3 Professional UAS are set forth by the DJ I Phantom 3 Professional Specifications and Data Sheet, attached hereto as Exhibit A. **ii. The DJI Phantom 3 Professional**  **UAS Autonomous Flight And** 

**Navigation Modes E nable The UASs To Remain Within A Defined**  **Operational Area.** The DJ I Phantom 3 Professional UAS may be operated in both manual and fully autonomous flight modes. A complete description of the flight and navigational modes of the DJ I Phantom 3 Professional UAS is provided at pages 25

- 35 of the DJ I Phantom 3 Professional User Manuals , attached hereto as Exhibit B
.

**iii. The DJI Phantom 3 Professional**  **UAS Is**  **Designed For Automatic Return To Home Point Or Hover In The Event Of Loss Of The**  **Control Link Or Navigation.** When the Control L ink is lost, the DJIPhantom 3 Professional UA will remain stationary , in flight, for 3 seconds or more. If, after 3 seconds, the DJ I Phantom 3 Professional UA do not reacquire control link data from the GCS, the UAs will assume21

that the Control Link is lost and the UAs 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 DJ I Phantom 3 Professional UAS are set forth at pages 27 through 29 of the DJI Phantom 3 Professional User Manuals, attached hereto as Exhibit B
.

**iv. The DJI Phantom 3 Professional**  **GCS And I ts Operation.**  A complete description of the operation and specifications of the DJ I Phantom 3 Professional GCS and flight control software is provided at pages 32 through 43 of the DJ I Phantom 3 Professional User Manual. DJ I Phantom 3 Professional User Manuals are attached hereto as Exhibits B
.

**b. Flight Operations Of DJI Phantom 3 Professional**  **UAS Are Limited To**  **The Line Of Sight Of A Certificated Pilot in Command With A Safety Observer.**  Kent H. Shore will only

utilize certificated pilots who possess a current and valid airman medical certificate to act as a pilot in command (PI C) of the DJ I Phantom 3 Professional UAS . Additionally , a safety observer will assist all pilots during flight time.

**c. Flight s Of**  **DJI Phantom 3 Professional UAS**  **Will Be Conducted Pursuant To Specific Operating Limitations.**  In seeking this exemption, Kent H. Shore proposes to commerciall y operate DJ I Phantom 3 Professional UAS for the special purpose of conducting aerial video and photograph y over certain areas of United States, pursuant to the following specific operating limitations: 1. Operations authorized by this grant of exemption will be limited to the following aircraft described in the operating documents, rotorcraft UASs weighing less than 55 pounds maximum gross weight: DJ I Phantom 3 Professional Unmanned Aircraft Sy stems. Proposed operations of any other aircraft will require a new petition or a petition to amend thi s grant. 2. UAS operations under this exemption will be limited to conducting operations for the purpose of aerial video and photography.22 3. The UAs may

not be flown at an indicated airspeed exceeding 20 knots. 4. The UA must be operated at an altitu de 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 b y 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 PI C at all times. This requires the PIC to be able to use human vision unaided by an y device other than corrective lenses, as specified on the PI C’s FAA

- issued airman medical certificate. 6. The use of first per son view (FPV) b y the PI C or safety observer (SO) is not permitted. 7. All operations must utilize a safety observer (SO). The SO may be used to satisfy the VLOS requirement as long as the PIC alway s maintains VL OS capability

. The SO and PI C 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 PI C must ensure th at the SO can perform the functions prescribed in the operating documents. 8. The SO must not perform any other duties beyond assisting the PI C with seeing and avoiding other air traffic and other ground based obstacles/obstructions and is not permitted to operate the camera or other instruments. 9. The operating documents and the grant of exemption must be accessible during UAS operations and made available to the Administrator upon request. If a discrepancy

exists between the conditions and limitations contained in the grant of exemption and the procedures outlined in the operating documents, the conditions and limitations contained in the grant of exemption take precedence and must be followed. Otherwise, the operator must follow the procedures as outlined in its operating documents. The operator may update or revise its operating documents. It is the operator’s responsibility to track such revisions and present updated and revised documents to the Administrator upon request. The operator must also present updated and revised documents if it petit ions for extension or amendment to the grant of exemption. If the operator determines that any update or revision would affect the basis upon which the FAA granted the exemption, then the operator must petition for amendment to its grant of exemption. The FAA’s UAS Integration Office (AFS

- 80) may be contacted if questions arise regarding updates or revisions to the operating documents. 10. Prior to each flight the PI C must inspect the UAS to ensure that it is in a condition for safe flight. If the inspection reveals a condition that affects the safe operation of the UAS, the aircraft is prohibited from operating until the necessary maintenance has been performed and the UAS is found to be in a condition for safe flight. The Ground Control Station must be i ncluded in the23 preflight inspection. All maintenance and alterations must be properl y documented 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 component, must undergo a functional test flight. The PI C who conducts the functional test flight must make an entry in the aircraft records. 12. The pre

- flight inspection must account for all potential discrepancies, e.g. inoperable components, items, or equipment, not already covered in the relevant sections of the operating documents. 13. The operator must follow the UAS manufacturer’s aircraft/component, maintenance, overhaul, replacement, inspection, and life limit requirements

. 14. The operator must carry out its maintenance, inspections, and record keeping requirements, in accordance with the operating documents. Maintenance, inspection, alterations, and status of replacement/overhaul component parts must be noted in the aircraft records, including total time in service, description of work accomplished, and the signature of the authorized person returning the UAS to service. 15. Each UASs operated under this exemption must comply with all manufacturer Safety Bulletins. 1 6. The authorized person must make an entry in the aircraft record of the corrective action taken against discrepancies discovered between inspections. 17. The PI C must possess at least a private pilot certificate and at least a current third

- class medi cal certificate. 18. The operator may

not permit any

PIC to operate unless the PI C meets the operator’s qualification criteria and demonstrates the ability to safel y operate the UAS in a manner consistent with how the UAS will be operated under the exemp tion, 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 o f 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 f or flight operations are considered nonparticipants, and the PI C 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 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 n ot authorized.24 20. The UA may

not operate within 5 nautical miles of an airport reference point as denoted on a current FAA

- published aeronautical chart unless a letter of agreement with that airport’s management is obtained, and the operation is conduct ed in accordance with a NOTAM as required by the operator’s COA. The letter of agreement with the airport management must be made available to the Administrator upon request. 21. The UA may

not be operated less than 500 feet below or less than 2,000 feet horizontally

from a cloud or when visibility is less than 3 statute miles from the PI C. 22. If the UA loses communications or loses its GPS signal, it must return to a pre

d etermined location within the planned operating area and land or be recovered in accordance with the operating documents. 23. The PI C must abort the flight in the event of unpredicted obstacles or emergencies in accordance with the operating documents. 24. The PI C is prohibited from beginning a flight unless (considering wind and forecast weather conditions) there is enough power to fly at normal cruising speed to the intended landing point and land the UA with 25% battery power remaining. 25. The operator must obtain an Air Traffic Organization (ATO) issued Certificate of Waiver or Authorization (COA) prior to conducting any operations under the grant of exemption. This COA will also require the operator to request a Notice to Airman (NOTAM) not more than 72 hours in advance, but not less than 48 hours prior to the operation. All operations shall be conducted in accordance with airspace requirements in the ATO issued COA including class of airspace, altitude level and potential transponder requirements

. 26. All aircraft operated in accordance with the exemption must be identified by serial number, registered in accordance with 14 C.F.R. part 47, and have identification (N

- Number) markings in accordance with 14 C.F.R. part 45, Subpart C. Markings must be as large as practicable. 27. Before conducting operations, the radio frequency spectrum used for operation and control of the UA must comply with the Federal Communications Commission (FCC) or other appropriate government oversight agency requirement s. 28. The documents required fewer than 14 C.F.R. 91.9 and 91.203 must be available to the PIC at the Ground Control Station of the UAS any time the UAS is operating. These documents must be made available to the Administrator or any law enforcement off icial upon request. 29. The UA must remain clear and yi eld the right of way to all manned aviation operations and activities at all times.25 30. The UAS may

not be operated b y the PIC from any moving device or vehicle. 31. Flight operations must be cond ucted at least 500 feet from all nonparticipating persons (persons other than the PI C, 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 nonparticipating persons remain under such protection. If a situation arises where nonparticipating persons leave such protection and are within 500 feet of the UA, flight operations must cease immediately

and/or; b. The aircraft is operated near vessels, vehicles or structures where the owner/controller of such vessels, vehicles or structures has granted permission and the PI C 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 PI C, SO, operator trainees or essential persons do not present an undue hazard to those persons per § 91.119(a). 32. All operations shall be conducted over private or contro lled

- 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. 33. Any incident, accident, or flight o peration 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 the NTSB Web site: www.ntsb.gov

. **2. Reasons Why An Exemption From The Requirements Of Section 61.113(a) And (b) Would Not Adversely Affect Safety.**  Kent H. Shore submi ts that the equivalent level of safety established b y Section 61.113(a) and (b) will be maintained because no PIC will be allowed to operate the DJ I Phantom 3 Professional UAS unless that PI C has demonstrated, by meeting minimum flight

- hour and currency

re quirements, that the PIC is able to safel y operate the DJ I Phantom 3 Professional UAS in a manner consistent with the exemption, including evasive and emergency

maneuvers and maintaining appropriate distances from people, vessels, vehicles and structures.26 Considering Kent H. Shore ’s proposed area of operations, and the operating limitations set forth

- above; the parallel nature of private pilot aeronautical knowledge requirements to those of commercial pilot requirements ( See Exemption No. 11062); and the airmanship skills necessary to safel y operate the DJ I Phantom 3 Professional UAS, Kent H. Shore submits that the additional manned airmanship experience of a commerciall y certificated pilot would not correlate to the airmanship skills necessary for Kent H. Shore 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 Nos. 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110, 11112, 11136, 11138, 11150, 11153, 11156, 11158, 11159, 11160, 11161). Kent H. Shore will not allow any PIC to operate the DJ I Phantom 3 Professional UAS unless that PI C has demonstrated, by meeting minimum flight

- hour requirements or the DJ I Phantom 3 Professional UAS training and currency requirements, that the PI C is able to safel y operate the DJIPhantom 3 Professional UAS in a manner consistent wi th this exemption, including evasive and emergency maneuvers and maintaining appropriate distances from people, vessels, vehicles and structures. Specificall y, the PI C must have accumulated and logged, in a manner consistent with 14 C.F.R. § 61.51(b), 25 hours of total time as a UAS rotorcraft pilot (with a minimum of 5 hours of those hours as a UAS pilot operating the same make and model of UAS to be used for operations under the exemption). In addition to the hour requirements, the PI C must accomplish 3 takeoffs and landings in the preceding 90 day s (for currency purposes).27 As in Exemption Nos. 11062, 11138, and 11153, prior documented flight experience that was obtained in compliance with applicable regulations will ensure an equivalent level of safety during Kent H. Shore ’s proposed operations. The Administrator has held that prior documented flight experience that was obtained in compliance with applicable regulations would ensure safe operations, stating as follows: In Exemption No. 11062, the FAA required that prior to conducting operations for the purpose of motion picture filming (or similar operations), the PIC must have accumulated and logged, in a manner consistent with 14 CFR 61.51(b), 25 hours of total time as a UAS rotorcraft pilot including at least 10 hours logged as a UAS pilot with a multi

- rotor UAS. Prior to operations under Exemption No. 11062, the PI C must also have accumulated and logged a minimum of 5 hours as a UAS pilot operating the same make and m odel of UAS to be used for operations under the exemption. For clarification, the FAA considers these minimum hour requirements to be inclusive rather than additive; i.e. 5 hours make and model time may be included in the 10 hours of multi

- rotor time and the 10 hours may be included in the total 25 hours of UAS rotorcraft time. In addition to the hour requirements, the PI C must accomplish 3 takeoffs and landings in the preceding 90 day s (for currency purposes). The FAA finds that at a minimum, the flight

- ho ur 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 also finds that prior documented flight experience that was obtained in compliance with applicable regulations would satisfy this requirement. Training, proficiency , and experience

- building flights can also be conducted under the grant of exemption to accomplish the required flight time. During training, proficiency , and experience

- b uilding flights the PI C is required to operate the UA with appropriate distances in accordance with 14 C.F.R 91.119. Exemption No. 11138 at page 15. Accordingl y, Kent H. Shore will ensure safe operations by not allowing any

PI C to operate the DJ I Phanto m 3 Professional UAS unless that PI C has demonstrated, by meeting minimum flight

- hour and currency requirements, that the PI C is able to safel y operate the DJ I Phantom 3 Professional UAS in a manner consistent with the exemption, including evasive and emergenc y m aneuvers 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.** 28 The equivalent level of safety established b y Se ction 91.7(a) will be maintained because prior to every

flight, Kent H. Shore will ensure that the DJ I Phantom 3 Professional UAS is in an airworth y 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 similar, in all material respects, to those presented herein (e.g. Exemption Nos. 11062, 11063, 11064, 11065, 11066, 11067, 1108 0, 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 b y Section 9 1.121 will be maintained because the altitude information of the DJ I Phantom 3 Professional UA will be provided to the PI C via GPS equipment and a radio communications telemetry data link, which downlinks from the UA to the GCS for active monitoring of the flight path and altitude. This altitude information, combined with Kent H. Shore ’s operation of the DJIPhantom 3 Professional 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 b y 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. Exemption Nos. 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11112, 11136, 11138, 11150 , 11153, 11156, 11157, 11158, 11159, 11160, 11161). **5. Reasons Why An Exemption From The Requirements Of Section 91.151(b) Would Not Adversely Affect Safety.** 29 A grant of this exemption would ensure an equivalent level of safety established by 14 C.F.R. S ection 91.151(b) as a result of (1) the technical specifications of the DJ I Phantom 3 Professional UAS ; (2) the limitations on the proposed flight operations; and (3) the location of the proposed flight operations. Accordingl y, Kent H. Shore will ensure th at it will safely

operate the battery

powered DJ I Phantom 3 Professional UA during daylight hours in VFR conditions, with enough battery power to fl y for a total duration of 13.5 minutes to the first point of intended landing and, assuming normal cruising speed, to fl y after that for at least 4.5 minutes. Here, as in Exemption No. 11109, the technical specifications of the DJ I Phantom 3 Professional UAS ; the limitations on the proposed flight operations; and the location of the proposed operations, will en sure an equivalent level of safety established by 14 C.F.R. Section 91.151(b). Furthermore, safety will be ensured as the DJ I Phantom 3 Professional UAS provide audible and visual warnings to the PIC at the GCS when the UAs experiences low battery

voltage, the first warning occurring at approximately 33% remaining battery

power, and again at approximately 10% remaining battery

power. At the critically low battery

level, the DJ I Phantom 3 UAS will descend and land automatically

. Significantl y, previous exemptions granted b y the FAA concerning Section 91.151 establish that safety is not adversel y 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 relief from Section 91.151 specific to UAS, in circumstances similar, in all material respects, to those presented herein (e .g. Exemption Nos. 8811, 10808, 10673, 11042, 11062, 11063,30

11064, 11065, 11066, 11067, 11080, 11109, 11110, 11136, 11138, 11150, 11153, 11156, 11157, 11158, 11159, 11160, 11161). **6. Reasons Why An Exemption From The Requirements Of 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, Kent H. Shore 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 Kent H. Shore will use traine d 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 Kent H. Shore Aerial Operations Manual, Monthly Maintenance Log, and DJ I Phantom 3 Professional Instruction Manual). Furthermore, Kent H. Shore will document and maintain all maintenance records for the DJIPhantom 3 Professional UAS

. Since the DJ I Phantom 3 Professional UAS will be inspected as prescribed by the operating documents, Kent H. Shore 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 DJ I Phantom 3 Professional User Manuals are attached hereto as Exhibit A and B ; a cop y of the DJ I Phantom 3 Professional UAS Maintenance LOG is attached hereto as Exhibit C

. Likewise, the exemption sought will not adversel y affect safety because Kent H. Shore will use trained technicians to perform maintenanc e, 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 equivalent level of safety established by

Sections 91.407, 91.417(a) and 91.417(b), because all maintenance of the31

DJIPhantom 3 Professional UAS will be performed by trained technicians. Maintenance will be documented and maintained utilizing the monthly maintenance log. Significantl y, previous exemptions granted b y 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 adversel y affected when the technical characteristics and operating limitations of the UAS are considered. In consideration of Kent H . Shore proposed operating limitations, the operating documents, and the technical aspects of the DJ I Phantom 3 Professional UASs, Kent H. Shore submits that safety will not be adversel y affected b y granting exemption from 14 C.F.R. Sections 91.405(a), 91. 407(a)(1) and (a)(2), 91.409(a)(2), and 91.417(a) and (b). The FAA has previously

granted relief specific to UAS in circumstances similar, in all material respects, to those presented herein (e.g. Exemption Nos. 11062, 11063, 11064, 11065, 11066, 11067, 11 080, 11109, 11110, 11112, 11136, 11138, 11150, 11153, 11156, 11157, 11158, 11159, 11160, 11161). **7. The FAA May Prescribe Any Other Conditions For Safe Operation.** In accordance with Section 333 of the FAA Modernization and Reform Act of 2012 (FMRA) and 1 4 C.F.R. § 21.16 entitled Special Conditions , Kent H. Shore requests that the FAA prescribe special conditions for the intended operation of the DJ I Phantom 3 Professional UAS , which contain such safety standards that the Administrator finds necessary to e stablish 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), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b). Such special conditions will permi t safe operation of the UAs for the limited purpose of conducting aerial video and photograph y over certain areas of the United States for compensation or hire. FMRA32

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 airworthiness certification in accordance with any requirements that must be established for the safe o peration 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 DJ I Phantom 3 Professional 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 Conditions , 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, he prescribes special conditions and amendments thereto for the product. The speci al 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 L eading Edge’s intended operation of the DJ I Phantom 3 Professional 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 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).33

**F. A Summary That Can Be Published In The**  **Federal Register, stating: The Rules**  **From Which Kent H. Shore**  **Seeks Exemption:** Kent H. Shore seeks exemption from the requirements 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 Kent H. Shore**  **Seeks:** This exemption will permit Kent H. Shore to commercially operate an Unmanned Aircraft System (UAS) for the purpose of conducting aerial video and photography over certain areas of the United States.34

**G. Any Additional Information, Views, Or Arguments Available To Support**  **Kent H. Shore**  **’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, Kent H Shore ’s request for 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 otherwise p ose a threat to national security; and further, provides the authority for such UAS to operate without airworthiness certification. As discussed in detail above, Kent H. Shore will operate the DJ I Phantom 3 Professional UAS safel y in the NAS, without creating a hazard to users of the NAS, or the public, or otherwise pose a threat to national security

.35 **CONCLUSION** As set forth herein, Kent H. Shore seeks an exemption 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 DJ I Phantom 3 Professional UAS commercially , without an airworthiness certificate, for the lim ited purpose of conducting aerial video and photograph y 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 advan cing the interests of the public, by allowing Kent H
. Shore to safel y, efficiently, and economically operate the DJ I Phantom 3 Professional UAS commerciall y within the NAS. **WHEREFORE** , in accordance with the Federal Aviation Regulations and the FAA Moderni zation and Reform Act of 2012, Section 333, Kent H. Shore respectfully requests that the Administrator grant this Petition for an exemption from the requirements 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 L eading Edge to operate the DJ I Phantom 3 Professional UAS commerciall y for the purpose of conducting aerial video and photograph y over certain areas of the United States. Date d: July

10 , 2015
Respectfully submitted, Kent H Shore

_________________________ Kent H Sh ore 4116 72nd Ave E Sarasota, FL 34243 Tel: ( 941 ) 388

- 893236

Appendic es : A

– DJ I Phantom 3 Professional Specifications Data Sheet B

– DJ I Phantom 3 Professional Manufacturer’s User Manual C

– Monthly

Maintenance L og37 APPENDIX

– A **DJI PHANTOM 3 PROFESSIONAL TECHNICAL**  **SPECIFICATIONS Kent H Shore**  onl y utilizes safe and reliable UASs. DJI is an industry

leader in small UAS production. DJ I UASs are loaded with ground breaking software enabling 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 f l ight to a predetermined and set distance. In addition, DJI software provides real

- time altitude and location information to the PI C via the linked monitor (smart phone/t ablet devices) 1.1 DJIPhantom 3 Professional 1.1.1 Aircraft 1.1.1.1 Supported Battery

– DJ I 5200mAH LiPo Battery 1.1.1.2 Weight (Battery

& Propellers Included)

– 2 .82lbs (12 80 g) 1.1.1.3 Hover Accura cy

(Ready to Fl y)

– Vertical: .5 m; Horizontal: 1 .5m 1.1.1.4 Max Yaw Angular Velocity - 200 0 /s 1.1.1.5 Max Tilt Angel

- 35 0 1.1.1.6 Max Ascent Speed

– 5 m/s 1.1.1.7 Max Descent Speed

– 3 m/s 1.1.1.8 Max Flight Speed

– 1 6 m/s (NOT RECOMMENDED) 1.1.2 Gimbal 1.1.2.1 Working Current

– Static: 750mA; Dy namic: 900mA 1.1.2.2 Control Accuracy

- ±0.03 0 1.1.2.3 Controllable Range

– Pitch:

- 90 0
- 0 0 1.1.2.4 Maximum Angular Speed

– Pitch: 90 0 /s 1.1.3 Camera 1.1.3.1 Operating Temperature Range

- 32 0 F
- 104 0 F (0 0 C

- 40 0 C) 1.1.3.2 Sensor Size

– 1/2.3” 1.1.3.3 Effective Pixel s
– 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 0 /85 0 1.1.4 Transmitter 1.1.4.1 Operating Frequency

– 5.728GHz

– 5.85GHz 1.1.4.2 Communication Distance (unobstructed)

– FCC Compliance : 800m 1.1.4.3 Receiver Sensitivity (1%PER)

- - 93dBm 1.1.4.4 Transmitter Power

– FCC Compliance: 100mW 1.1.4.5 Working Voltage

– 120mA@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

– 2W38 APPENDIX

– B DJIPhantom 3 Professional Manufacturer’s User Manual

Attachment Provided as PDF39 APPENDIX

– C