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- tecequipment.comPage1 July 27 th , 2015

Attn: U. S. Department of Transportation Docket Operations West Building Ground Floor, Room w12

- 140 1200 New Jersey Ave, SE Washington, DC 20590

RE: TRINITY SHORING PRODUCTS, INC., REQUEST AN EXEMPTION FR 

### O M THE REQUIREMENTS OF TITLE 14 OF THE CODE OF F EDERAL REGULATIONS

SECTIONS 61.113(A) & (B), 91.7(A), 91.121, 91.151(B), 91.405(A), 91.407(A)(1), 91.409(A)(1)
& (A) (2), AND 91.417(A) & (B) CONCERNING COMMERCIAL OPERATION OF DJI PHANTOM 3 UNMANNED AIRCRAFT SYSTEMS PURSUANT TO SECTION 333 OF THE FAA MODERNIZATION AND REFORM ACT OF 2012 (PUBLIC LAW 112

- 95)

Thomas Marciniak Marketing Manager Trinity Shoring Products, Inc. 8530 M60 Hwy Union City, MI 49094
Ph: 517

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- 4 471
Fax: 517

- 741

- 3659 tommy.marciniak@trin.net8530 M60 ● Union City, MI 49094 ● P: 517

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- tecequipment.comPage2 Table of contents

Glossary of abbreviations 3

Summary 4

Introduction a nd Interests o f Petitioner 4

Backgrou nd 4

Basis for petition 4

Name and address of petitioner 6

The specific secti ons of 14 C.F.R . from which exemption is sought 6

The extent of relief and reason Trinity Shoring Product, Inc. seeks the relief 9

The reasons why granting request would be in the public interest 1 1

The reasons why granting the exemption would not adversely affect sa fety 1 3

Summary th at can be pu blished in the federal register 2 2

Additional information, views, or arguments available to support request 2 2

Conclusion 2 3

Appendices 2 48530 M60 ● Union City, MI 49094 ● P: 517

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- tecequipment.comPage3 Glossary o f Abbreviations

AGL Above Ground Level

AOI Area of Interes t

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 System

NOTAM Notice to Airman

PIC Pilot In Command

SO Safety Observer

SOP Standard Operating Procedures

UA Unmanned Aircraft

UAS Unmanned Aircraft Sys tem

VFR Visual Flight Rules

VLOS Visual Line of Site

VMC V isual Meteorological Conditions

VTOL Vertical Takeoff and Landing8530 M60 ● Union City, MI 49094 ● P: 517

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- tecequipment.comPage4 SUMMARY

TRINITY SHORING PRODUCTS, INC. seeks exemption from the requirements of 14 C.F.R §§ 61.113(a) & (b), 91.7(a),91.121, 91.1 51(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 (DJI Phantom 3) pursuant to Section
333 of the FAA Modernization and Reform Act of 2012 (FMRA). This exemption will permit
TRINITY SHORING PR ODUCTS, INC. to operate an Unmanned Aircraft System (UAS) for the commercial purpose of conducting aerial video and pho tography of construction sites and special company events over certain areas of the United States.

INTRODUCTION AND INTERESTS OF THE PETITIONER

T RINITY SHORING PRODUCTS, INC. has for over fifty years (through its divisions) provi ded their clients with the world’s most complete line of trench shoring and trench shielding equipment. This equipment is used to provide the users of the equipment a safe working space in order to complete their project. TRINITY SHORING PRODUCTS, INC. has worked on thousands of productions over the past 50 years in all types of locations with a n excellent client and employee safety record. T he objective of TRINITY SHORIN G PRODUCTS, INC. and our Unmanned Aircraft System (DJI Phantom 3) aerial operations is to provide the end users of our equipment with a more in

- depth view of our equipment in action and a greater understand of how our equipment w ill provide the end

- users a safe and secure workspace

.

BACKGROUND

Unmanned Aircraft Systems: DJI Phantom 3, UAS

TRINITY SHORING PRODUCTS, INC. seeks an exemption to operate DJI Phantom 3 system
for compensation or hire within the NAS. The DJI Phantom 3 is vertical takeoff and landi ng (VTOL) Unmanned Aircraft (UA) with a Ground Control Station (GCS) utilizing electronic tablet or smart phone systems. The DJI Phantom 3 has a maximum gross weight of approximately 2.8 lb. while having a diagonal dimension of 23.2”, a maximum speed of ap proximately 16.4’fps and a maximum flying height of 400'. The DJI Phantom 3 is equipped with four main rotors; driven by Lithium Polymer battery powered electric motors.

The DJI Phantom 3 that will be operated by TRINITY SHORING PRODUCTS, INC. will be

reg istered 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.

BASIS FOR PETITION

Petitioner, TRINITY SHORI NG PRODUCTS, INC. , pursuant to the provisions of the Federal
Aviation R egulations (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 Administra tor to commercially operate the DJI Phantom 3, UAS in the National Airspace System (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).8530 M60 ● Union City, MI 49094 ● P: 517

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- tecequipment.comPage5 In consideration of the speed, weight, size, and limited operating area associated with the unmanned aircraft and its operation, TRINITY SHORING PRODUCTS, INC. operation of DJI
Phantom 3 UAS meets the conditions of FMRA Section 333 and therefore, wil l not require an
airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H.

Accordingly, TRINITY SHORING PRODUCTS, INC. 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

r equirements for maintenance that only apply to aircraft with an airworthiness certificate.

TRINITY SHORING PRODUCTS, INC. submits that the requested relief is proper since an equivalent level of safety will be ensured. TRINITY SHORING PRODUCTS, INC

. will use experienced personnel or technicians to perform maintenance, alterations, or preventive maintenance on the UAS using the methods, techniques, and practices prescribed in the operating documents (i.e., Monthly Maintenance Log, and DJI Phantom 3 I nstruction Manual). Furthermore, TRINITY SHORING PRODUCTS, INC will document and maintain all maintenance records for the DJI Phantom 3 UAS.

Relief from certain requirements of Section 61.113(a) and (b), entitled Private pilot privileges
and limitations: P ilot in command , is requested by TRINITY SHORING PRODUCTS, INC. to the

extent necessary to allow a Pilot in Command (PIC) holding a private pilot or higher level certificate, as well as an airman medical certificate, and who has demonstrated, by meeting
mi nimum flight hour and currency requirements, that the PIC is able to safely operate the DJI Phantom UAS in a manner consistent with this exemption, including eva sive and emergency
maneuvers and maintaining appropriate distances from people, vessels, vehicl es and

structures.

TRINITY SHORING PRODUCTS, INC. seeks relief from Section 91.7(a), entitled Civil aircraft
air worthiness , because the DJI Phantom 3 UAS do not require an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H. As such, TRINITY SHORING PRODUCTS, INC.
submits that they will ensure that the DJI Phantom 3 UAS is in an airworthy condition, prior to

every flight, by determining that the UAS are in compliance with the operating documents (i.e., Monthly Maintenance Log, and DJI Phantom 3 Instruction Manual), and that the aircraft are in a condition for safe flight.

TRINITY SHORING PRODUCTS, INC. also seeks an exemption from the requirements of Section 91.121, entitled Altimeter Settings , as the DJI Phantom 3 UAS will not have a typical
barometric altimeter onboard. However, altitude information of the DJI Phantom 3 UAS 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 TRINITY SHORING PRODUCTS, INC. ’s operation of the DJI Phantom 3 UAS within visual line of sight, at or below 400 feet AGL, will
ensure a level of safety equivalent to Section 9 1.121.

Additionally, TRINITY SHORING PRODUCTS, INC

. seeks an exemption from the requirements
of Section 91.151(b), entitled Fuel requirements for flight in VFR conditions. TRINITY SHORING PRODUCTS, INC

. submits that safety will not be affected by operati on of the DJI Phantom 3 UAS during daylight hours in visual meteorological conditions (VMC) under visual flight rules (VFR), with enough battery power to fly for a total duration of approximately 23 minutes. Battery8530 M60 ● Union City, MI 49094 ● P: 517

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- tecequipment.comPage6 power indicators are also able to show e xactly how much battery power is left, as well as how
much time is needed to return safely back to point of takeoff

. In accordance with 14 C.F.R. § 11.81, TRINITY SHORING PRODUCTS, INC. provides the following information in support of its petition for exem ption:

A. Nam e a nd Address of the Petitioner

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

Thomas Marciniak Marketing Manager Trinity Shoring Products, Inc.
8530 M

- 60 HWY Union City, MI 49094
Ph: 517

- 741

- 4471
Fax: 517

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- 3659 tommy.marci niak@trin.net

B. The Specific Sections o f 14 C.F.R. From Which TRINITY SHORING PRODUCTS, INC.
Seeks Exemption

1. TRINITY SHORING PRODUCTS, INC. Seeks Exemption f rom the Requirements of Section 61.113(a) and (b).

Section 61.113, entitled Private pilot privi leges and limitations: Pilot in command, subsections (a) and (b) prescribe the following, in relevant part:

(a) No person who holds a private pilot certificate may act as a pilot in command (PIC) of an aircraft that is carrying passengers or property for c ompensation 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 employment if

—

(1) The flight is only incidental t o that business or employment; and (2) The aircraft does not carry passengers or property for compensation or hire.

2. TRINITY SHORING PRODUCTS, INC. Seeks Exemption From The Requirements Of Section 91.7(a).

Section 91.7, entitled civil aircraft airworthin ess, subsection (a), states the following:

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

3. TRINITY SHORING PRODUCTS, INC. Seeks Exemption From The Requirements Of Section
91.121.

Section 91.121, entitled Altimeter settings , subsection (a), states the following, in part:8530 M60 ● Union City, MI 49094 ● P: 517

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- tecequipment.comPage7 (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

Below 18,000 feet MS L, to

(i) The current reported altimeter setting 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 setti ng 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. TRINITY SHORING PRODUCTS, INC. Seeks Exemption From The Requirements Of 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 f orecast 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. TRINITY SHORING PRODUCTS, INC. Seeks Exemption f rom 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

—

(a) Shall have that aircraft inspected as prescribed in subpart E of this part and shall between required inspections, e xcept as provided in paragraph (c) of this section, have discrepancies repaired as prescribed in part 43 of this chapter[.]

6. TRINITY SHORING PRODUCTS, INC. Seeks Exemption From The Requirements Of Section 91.407(a)(1)

Section 91.407, entitled Operation a fter 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 by a person authorized under §43.7 of this chapter

7. TRINITY SHORING PRODUCTS, INC. Seeks Exemption from the Requirements of Sections 91.409(a)(1) and 91.409(a)(2).8530 M60 ● Union City, MI 49094 ● P: 517

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- tecequipment.comPage8 Section 91.409, entitled Inspections, subsection (a), stat es 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

app roved 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.

8. TRINITY SHORING PRODUCTS, INC. Seeks Exemption from the Requ irements 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 th e following records for the periods specified in paragraph (b) of this section:

(1) Records of the maintenance, preventive maintenance, and alteration a nd records of the 100

- hour, annual, progressive, and other required or approved inspections, as appropri ate, 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 o f 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 service of the airframe, each engine, ea ch propeller,
and each rotor.

(ii) The 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 specif ied 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 status of applicable airworthine ss directives (AD) and safety directives including, for each, the method of compliance, the AD or safety8530 M60 ● Union City, MI 49094 ● P: 517

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- tecequipment.comPage9 directive number and revision date. If the AD or safety directive involves recurring action, the time and date when the next action is required.

(vi) C opies of the forms prescribed by § 43.9(d) of this chapter for each major alteration to the airframe and currently installed engines, rotors, propellers, and appliances.

(b) The owner or operator shall retain the following records for the periods prescrib ed:

(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 section shall be ret ained 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 retu rn to service.

C. The Extent Of Relief TRINITY SHORING PRODUCTS, INC. Seeks And The Reason TRINITY SHORING PRODUCTS, INC. s eeks The Relief.

1. Extent of Relief TRINITY SHORING PRODUCTS, INC. Seeks and the Reason TRINITY SHORING PRODUCTS, INC. 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 PIC holding a private pilot or higher level certificate, as well as a cu rrent 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 relief is requested since the limitations set forth in Section 61.113(a) and (b) state
that a private pilot may, for compensation or hire, act as PIC of an aircraft in connection with any business or employment if:

(1) The flight is only incidental to that business or employment; and

(2) The aircraft does not carry passengers or property for compensation or hire.

As set forth more fully below, TRINITY SHORING PRODUCTS, INC. submits that an equivalent level of safety will be maintained because no PIC will be allowed to operate the DJI Phantom 3 UAS unless that PIC has met certa in flight

- hour and currency requirements, demonstrating that the PIC is able to safely operate either the DJI Phantom 3 UAS in a manner consistent with the operations specifications as described in this exemption, including evasive and emergency maneuvers, as well as maintaining appropriate distances from people, vessels, vehicles and structures.

Further, TRINITY SHORING PRODUCTS, INC. submits that all flights of the DJI Phantom 3 UAS, conducted by the PIC pursuant to the grant of this Petition: (1) will be8530 M60 ● Union City, MI 49094 ● P: 517

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- tecequipment.comPage10 incidental to TRINITY SHORING PRODUCTS, INC. business; and (2) will not carry passengers or property for compensation or hire.

2. Extent Of Relief TRINITY SHORING PRODUCTS, INC. Seeks And The Reason TRINITY SHORING PRODUCTS, INC. Seeks Relief From Sectio n 91.7(a).

Relief from Section 91.7(a) entitled Civil aircraft airworthiness, is requested to the extent required to allow TRINITY SHORING PRODUCTS, INC. to determine that the DJI Phantom 3 UAS are in airworthy condition prior to every flight by ensuring t hat the UAS is in compliance with the operating

.

TRINITY SHORING PRODUCTS, INC. seeks the requested relief because the DJI Phantom 3 UAS do not require an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H. Therefore, TRINITY SHORING PRODUCTS, INC. will ensure that the DJI Phantom 3 UAS are in airworthy condition based upon its compliance with the

op erating documents prior to every flight, and further, determine that the aircraft are in condition for safe flight, as stated in the conditions and limitations below.

3. Extent of Relief TRINITY SHORING PR ODUCTS, INC. Seeks and the Reason TRINITY SHORING PRODUCTS, INC. Seeks Relief From Section 91.121.

Relief from Section 91.121, entitled Altimeter settings, may be required to allow flight operations of the DJI Phantom 3 UAS, which utilize a barometric pre ssure sensor, GPS equipment, and a radio communications telemetry data link to downlink altitude
information from the UA to the PIC at the ground control station (GCS). Since the FAA requires that any altitude information concerning UAS operations be repor ted to air traffic control (ATC) in feet above ground level (AGL), TRINITY SHORING PRODUCTS, INC. seeks the requested relief because the DJI Phantom 3 UA’s altimeter may be set on the ground to zero feet AGL, rather than the local barometric pressure or fi eld altitude, before each flight. Considering the limited altitude of the proposed operations, relief from 14 CFR 91.121 is sought to the extent necessary to comply with the applicable
conditions and limitations stated below. As more fully set forth herein , an equivalent level of safety will be maintained since the DJI Phantom 3 UAS are equipped with a barometric pressure sensor and GPS equipment, which 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 TRINITY SHORING PRODUCTS, INC. Seeks and the Reason TRINITY SHORING PRODUCTS, INC. 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 DJI Phantom 3 UAS during daylight hours in visual meteorological conditions (VMC), under visual flight
rules (VFR), for a total duration of 23 minutes. TRINITY SHORING PRODUCTS, INC. seeks the requested relief because without an exemption from Section 91.151(b), the flight time duration of the battery powered DJI Phantom 3 UAS will severely constrain the practicality of an y aerial video or still photo flight operations that TRINITY SHORING PRODUCTS, INC. proposes to conduct pursuant to this Petition.8530 M60 ● Union City, MI 49094 ● P: 517

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- tecequipment.comPage11 Significantly, as set forth below, the technical specifications of the DJI Phantom 3 UAS,
the DJI Phantom 3 operating documen ts, and TRINITY SHORING PRODUCTS, Inc. ’s proposed operating limitations, ensure that TRINITY SHORING PRODUCTS, INC. will safely operate the battery powered DJI Phantom 3 UAS during daylight hours in visual meteorological conditions (VMC), under visual flig ht rules (VFR), with enough battery power to fly for a total duration of 2 5 minutes.

5. Extent of Relief TRINITY SHORING PRODUCTS, INC. Seeks and the Reason TRINITY SHORING PRODUCTS, INC. Seeks Relief from Sections 91.405(a), 91.407(a)(1), 1.409(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, TRINITY SHORING PRODUCTS, INC. requests relief from these Sections because the DJI Phan tom 3 UAS do not require
ai rworthiness certificates. As set forth more fully below, the DJI Phantom 3 UAS meet the conditions of FMRA Section 333 for operation without an airworthiness certificate. Accordingly, TRINITY SHORING PRODUCTS, INC. will use train ed technicians to perform maintenance, alterations, or preventive maintenance on the UAS using the methods, techniques, and practices prescribed in the UAS operating documents

.
D. The Reasons Why Granting TRINITY SHORING PRODUCTS, INC. Request Would Be In
The Pu blic Interest; That Is, How It Would Benefit The Public As A Whole.

Granting the present Petition will further the public interest by allowing TRINITY SHORING PRODUCTS, INC. to safely, efficiently, and economically perform aerial video and photography
of construction sites and s pecial company events over certain areas of the United States.

Additionally, use of the DJI Phantom 3 UAS will decrease congestion of the NAS, reduce pollution, and provide significant benefits to the economy. Notably, the benefits of TRINI TY SHORING PRODUCTS, INC. proposed operation of the DJI Phantom 3 UAS will be realized
without implicating any privacy issues.

1. The Public Will Benefit From Decreased Congestion Of The NAS.

The DJI Phantom 3 UAS are battery powered and serve as a safe, efficient, and
economical alternative to the manned aircraft traditionally utilized to obtain aerial imagery. By reducing the amount of manned aircraft needed to perform aerial acquisitions, an exemption allowing the use of a DJI Phantom 3 UAS would reduce the amount of manned aircraft in the NAS, reduce noise and air pollution, as well as increase the safety of life and property in the air and on the ground. Furthermore, by reducing the number of manned aircraft operating in the NAS, congestion around airp orts caused by arriving and departing aircraft will be reduced. The DJI Phantom 3 UAS do 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 tha t must be handled by 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 UAS.8530 M60 ● Union City, MI 49094 ● P: 517

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- tecequipment.comPage12 Conducting aerial acquisitions with the DJ I Phantom 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 electri c motors, the DJI Phantom 3 UAS produce no air pollution, and
is the most viable environmentally conscious alternative to the cabin class, six cylinder internal combustion engine aircraft that are typically utilized for aerial video and photography, while burning approximately 20

- 30 gallons per hour of leaded aviation fuel. The DJI Phantom 3 UAS, while reducing the carbon footprint of aerial acquisitions, also eliminates noise pollution, as the UAS are propelled by battery powered electric motors,
rather th an an internal combustion engine. By using the DJI Phantom 3 UAS to perform aerial acquisitions, the substantial risk to life and property in the air and on the ground, which is usually associated with traditional manned aircraft flight operations, will be substantially reduced or completely eliminated. Aside from the lack of flight crew members located onboard the aircraft, the DJI Phantom 3 UAS (weighing approximately 2.8 pounds at their maximum gross weight with diagonal dimension of 23.2 inches, and
wit h no fuel on board), has less physical potential for collateral damage to life and property on the ground, and in the air, compared to the manned aircraft that typically
conduct similar operations (weighing approximately 6,000 pounds with a wingspan of

app roximately 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 UAS Will
Benefit the Economy.

In addition to being safe and efficient, the DJI Phantom 3 UAS are also an economical alternative to using manned aircraft to conduct similar aerial operations. As such, operation of the DJI Phantom 3 UAS will allow United States based companies, like TRINITY SHORING PRODUCTS, INC. to remain competitive and contribute to grow th 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 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

cos t of a traditional manned aircraft. By operating the DJI Phantom 3 UAS, companies
such as TRINITY SHORING PRODUCTS, INC. , can remain competitive and profitable, and therefore, provide greater job stability to employees and contractors, which will
ultimatel y contribute to growth of the U.S. economy. Improved financial performance of U.S. companies, through commercial use of the DJI Phantom 3 UAS, provides a stable workforce that increases consumer spending; improves local, state, and federal tax

revenues; an d 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, T RINITY SHORING PRODUCTS, Inc. ’s proposed operation of the DJI Phantom 3 UAS will not implicate any privacy issues. Specifically, the DJI Phantom 3 UAS will be operated only in compliance with operating documents which requires8530 M60 ● Union City, MI 49094 ● P: 517

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- tecequipment.comPage13 property owner involvement as well as local law enforcement notification, and in
accordance with the Federal Aviation Regulations, including the minimum altit ude requirements of 14C.F.R. § 91.119.

E. The Reasons Why Granting The Exemption Would Not Adversely Affect Safety, Or How The Exemption Would Provide A Level Of Safety At Least Equal To That Provided By The Rule From Which TRINITY SHORING PRODUCTS, INC. S eeks Exemption.

1. Reasons Why The DJI Phantom 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 aircraft and i ts operation, TRINITY SHORING PRODUCTS, INC. ’s operation of the DJI Phantom 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 t he 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 op erate safely in the national 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

un der 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.

In seeking this exemption, TRINITY SHORING PRODUCTS, INC. submits that the DJI
Phantom 3 UA S can operate safely in the NAS pursuant to FMRA Section 333, as demonstrated by: (a) the characteristics of the DJI Phantom 3 UAS; (b) the pilot certification requirement; and (c) the specific operating limitations.8530 M60 ● Union City, MI 49094 ● P: 517

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- tecequipment.comPage14 A. The Specifications Of The DJI Phantom 3 UAS Demonstrate Its Safe
Characteristics.

The DJI Phantom 3 UAS does not create a hazard to users of the NAS or the public, or
otherwise pose a threat to national security considering its size, weight, speed, and operational capability.

i. Technical Spec ifications of the DJI Phantom 3 UAS.

The technical specifications of the DJI Phantom 3 UAS are set forth by the DJI Phantom
3 User Manual , attached hereto as Appendix A.

ii. The DJI Phantom 3 UAS Global Positioning Modes Enable the UAS to Remain within

a D efined Operational Area.

The DJI Phantom 3 UAS may be operated in both manual and global positioning flight
modes. A complete description of the flight and navigational modes of the DJI Phantom 3 UAS is provided at pages 11 of the DJI Phantom 3 User Manua l attached hereto as Appendix A.

iii. The DJI Phantom 3 UAS Are Designed For Automatic Return to Home Point or Hover In The event Of Loss of the Control Link or Navigation.

When T he Control Link is lost, the DJI Phantom 3 UAS will rem ain stationary, in fl ight, for 3 seconds or more. If, after 3 seconds, the DJI Phantom 3 UAS does not reacquire
control link data from the GCS, the UAS will assume that the Control Link is lost and the
will return to the home position (i.e., failsafe mode) via GPS, and will de scend to the takeoff position and shutdown. A complete description of the Failsafe Functions of the DJI Phantom 3 UAS are set forth at pages 12 through 14 of the DJI Phantom 3 User Manual, attached hereto as Appendix A.

iv. The DJI Phantom 3 GCS and Its Op eration.

A complete description of the operation and specifications of the DJI Phantom 3 GCS and flight control software is provided at pages 23 through 29 of the DJI Phantom 3 User
Manual. DJI Phantom 3 User Manual is attached hereto as Appendix A.

B. Flight Operations Of DJI Phantom 3 UAS Is Limited To The Line Of Sight Of A
Certificated Pilot in Command With A Safety Observer.

TRINITY SHORING PRODUCTS, INC. m arketing staff will be the only persons to act as a pilot in command (PIC) of the DJI Phantom 3 UAS. Additionally, a safety observer will
assist times during flight time.

C. Flights Of DJI Phantom 3 UAS Will Be Conducted Pursuant To Specific Operating
Limitations.

In seeking this exemption, TRINITY SHORING PRODUCTS, INC. proposes to comm ercially operate DJI Phantom 3 UAS for the special purpose of conducting aerial video and photography8530 M60 ● Union City, MI 49094 ● P: 517

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- tecequipment.comPage15 of construction sites and s pecials company events 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 UAS weighing less than 55 pounds maximum gross weight: DJI Phantom 3 Unmanned Aircraft Systems. Proposed operations of any other aircraft will require a new petition or a p etition to amend this grant.

2. UAS operations under this exemption will be limited to conducting operations for the purpose of aerial video and photography.

3. The UAS may not be flown at an indicated airspeed exceeding 20 knots.

4. The UA must be operat ed at an altitude of no more than 400 feet above ground level (AGL), as indicated by the procedures specified in the operating documents unless a special request is made and approved by ATC. All altitudes reported to ATC must be in feet AGL.

5. The UAS mus t be operated within visual line of sight (VLOS) of the PIC at all times. This requires 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.

6. The use o f first person view (FPV) by the PIC 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 always maintains VLOS capability. The SO and PIC mu st 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.

8. 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

pe rmitted 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 limi tations 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 al so 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 the FAA granted the exemption, then the operator must pe tition for amendment to its grant of8530 M60 ● Union City, MI 49094 ● P: 517

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- tecequipment.comPage16 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 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 performed and the UAS is found to be in a condition for safe flight. The Ground Control Station must be included in the preflight inspection.

11. Any UAS that has undergone maintenance or alterations that affect the UAS

opera tion 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 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, repla cement, 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/ov erhaul 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 UAS operated under this exemption must comply with all manufacturer S afety
Bulletins.

1 6 . 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 th e 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. § 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

- buildin g flights, all persons not essential for flight operations are considered nonparticipants, and the PIC must operate the UA with appropriate distance from nonparticipants in accordance with 14 C.F.R. § 91.119.

1 7 . 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 spec ial visual flight rules (SVFR) are not authorized.

1 8 . 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 with8530 M60 ● Union City, MI 49094 ● P: 517

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- tecequipment.comPage17 that airport’s management is obt ained, and the operation is conducted 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.

19 . The UA may not be operated less than 500 f eet below or less than 2,000 feet
ho rizontally from a cloud or when visibility is less than 3 statute miles from the PIC.

2 0 . If the UA loses communications or loses its GPS signal, it must return to a predetermined location within the planned operating ar ea and land or be recovered in accordance with the operating documents.

2 1 . The PIC must abort the flight in the event of unpredicted obstacles or emergencies in accordance with the operating documents.

2 2 . The PIC is prohibited from beginning a fli ght u nless (considering wind and forecast weather conditions) there is enough power to fly at normal cruising speed to the
int ended landing point and land the UA with 25% battery power remaining.

2 3 . The operator must obtain an Air Traffic Organization (ATO) is sued 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 p rior 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.

2 4 . All aircraft operated in accordance with the exe mption must be identified by serial number, registered in accordance with 14 C.F.R. part 47, and have identification (NNumber) markings in accordance with 14 C.F.R. part 45, Subpart C. Markings must be as large as practicable.

2 5 . Before conducting operat ions, 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.

2 6 . The documents required fewer than 14 C.F.R. 91.9 an d 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.

2 7 . The UA S must remain clear and yield the right of way to all manned aviation operations and activities at all times.

2 8 . The UAS may not be operated by the PIC from any moving device or vehicle.

2 9 . Flight operations must be conducted at least 500 feet from all nonparticipating persons (per sons other than the PIC, SO, operator trainees or essential persons), vessels, vehicles, and structures unless:8530 M60 ● Union City, MI 49094 ● P: 517

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- tecequipment.comPage18 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 airc raft is operated near vessels, vehicles or structures where the owner/controller of such vessels, vehicles or structures has granted permission and the PIC has made a safety assessment of the risk of operating closer to those objects and determined that it does not present an undue hazard, and;

c. Operations nearer to the PIC, SO, operator trainees or essential persons do not present an undue hazard to those persons per § 91.119(a).

3 0 . All operations shall be conducted over private or controlled

- access pr operty 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.

2 . Reasons Why an Exemption from the Requirements of Section 61.113(a) and (b) Would Not Adversely Affect Safety.

TRINITY SHORING PRODUCTS, INC. submits that the equivalent level of safety established by Section 61.113(a) and (b) will be maintained because no PIC will be allowed to operate the DJI
Phantom 3 UAS unless that PIC has demonstrated, by meeting minimum flight

- hour and

currency requirements, that the PIC is able to safely operate the DJI Phantom 3 UAS in a

manner consistent with the exemption, including evasive and emergency maneuvers and maintaining appropriate distances from people, vessels, vehicles and structures.

Considering TRINITY SHORING PRODUCTS, INC. ’s proposed area of op erations, 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 safely operate the DJI Phantom 3 UAS, TRINITY SHORING PRODUCTS, INC. submits that the additional manned airmanship experience of a commercially certificated pilot would not correlate to the airmanship skills necessary for TRINITY SHORING PRODUCTS, INC. specific proposed fl ight 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).

TRINITY SHORING PRODUCTS, INC. will not allow any PIC to operate the DJI Phantom 3 UAS unless that PIC has demonstrated, by meeting minimum flight

- hour requirements or the
DJI Phantom 3 UAS training and currency requirements, that the PIC is able to safely operate
the DJI Phantom 3 UAS in a manner consistent with this exemption, including evasive and

emergency maneuvers and maintaining appropriate distances from people, vessels, vehicles
and structures.8530 M60 ● Union City, MI 49094 ● P: 517

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- tecequipment.comPage19 Specifically, the PIC must have accumulated 2 5 hours of total time as a UAS rotorcraft pilot (with a minimum of 5 hours of those 2 5 hours as a UAS pilot operating the sa me make and model of UAS to be used for operations under the exemption). In addition to the hour requirements, the PIC must accomplish 3 takeoffs and landings in the preceding 90 days (for

currency purp o ses).

As in Exemption Nos. 11062, 11138, and 11153, p rior documented flight experience that was obtained in compliance with applicable regulations will ensure an equivalent level of safety during TRINITY SHORING PRODUCTS, INC. ’s proposed operations. The Administrator has
held that prior documented flight exp erience 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 operati ons), 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 PIC must also have accumulated and logged a minimum of 5 hours as a UAS pilot operating the same make and model of UAS to be used for operations under the exemption. For clarification, the FAA considers these minimum hour requirements to
be incl usive rather than additive; i.e. 5 hours make and model time may be included in the 10
hours of multi

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

- hour requirements in Exemption No. 11062 are appropriate to practice and build proficiency in the skills necessary to safely conduct the pet itioner’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 conduct ed under the grant of exemption to accomplish the required flight time. During training, proficiency, and experience

- building flights the PIC is required to operate the UA with appropriate distances in accordance with 14 C.F.R 91.119.

Exemption No. 11138 a t page 15.

Accordingly, TRINITY SHORING PRODUCTS, INC. will ensure safe operations by not allowing any PIC to operate the DJI Phantom 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 3 UAS in a manner consistent with the exemption, including evasive and emergency

maneuvers and maintaining appropriate distances from people, vessels, vehicles and

structures.

3. Reasons Why an Exemption from the Requirements of Section 91.7(a) Would Not Adversely Affect Safety.

The equivalent level of safety established by Section 91.7(a) will be maintained because prior to every flight, TRINITY SHORING PRODUCTS, INC. will ensure that the DJI Phantom 3 UAS is
in an airworthy condition based upon the UAS’s compliance with its operating documents and

as stated in the conditions and limitations herein. Additionally, the FAA has previously granted relief from Section 91.7(a) specific to UAS, in circumstances similar, in all mater ial respects, to8530 M60 ● Union City, MI 49094 ● P: 517

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- tecequipment.comPage20 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).

4. Reasons Why an Exemption from the Requirements of S ection 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 UAS will be provided to the PIC via GPS equipment
and a radio communicati ons 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 TRINITY SHORING PRODUCTS, INC. ’s operation of the DJI Phantom 3 UAS within visual line of sight, at or below 500 feet AGL, will ensure a level of safety equivalent to Section 91.121. The
altitude information will be generated by GPS equipment installed onboard the aircraft. Prior to
each flight, a zero altitude initiation point is automatically estab lished by the UAS 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 a n Exemption f rom the Requirements of Section 91.151(b) Would Not Adversely Affect Safety

. A grant of this exemption would ensure an equivalent level of s afety established by 14 C.F.R. Section 91.151(b) as a result of (1) the technical specifications of the DJI Phantom 3 UAS; (2) the limitations on the proposed flight operations; and (3) the location of the proposed flight operations. Accordingly, TRINITY S HORING PRODUCTS, INC. will ensure that it will safely operate the battery powered DJI Phantom 3 UAS during daylight hours in VFR conditions, with enough battery power to fly for a total duration of 23 minutes. Here, as in Exemption No. 11109,
the technical specifications of the DJI Phantom 3 UAS; the limitations on the proposed flight 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 ensu red as the DJI Phantom 3 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 DJI Phantom 3 UAS will descend and land automatically. Significantly, previous exemptions granted by the FAA concerning Section 91.151 establish that safety is not adversely affected when the technical charac teristics 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 g ranted 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, 11064, 11065, 11066, 11067, 11080, 11109, 11110, 11136, 11138,
111 50, 11153, 11156, 11157, 11158, 11159, 11160, and 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.8530 M60 ● Union City, MI 49094 ● P: 517

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- tecequipment.comPage21 In seeking this exemption, TRINITY SH ORING PRODUCTS, INC. 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 TRINITY S HORING PRODUCTS, INC. will use trained technicians to perform maintenance, alterations, or preventive maintenance on the UAS using the methods, techniques, and practices prescribed in the operating documents (i.e., TRINITY SHORING PRODUCTS, INC. Aerial Ope rations Manual, Monthly Maintenance Log, and DJI Phantom 3 Instruction Manual). Furthermore TRINITY SHORING PRODUCTS, INC. will document and maintain all maintenance records for the DJI Phantom 3 UAS. Since the DJI Phantom 3 UAS will be inspected as prescr ibed by the operating documents, The TRINITY SHORING PRODUCTS, INC. will maintain the equivalent level of safety established by Sections 91.405(a), 91.409(a)(1), and 91.409(a)(2). A copy of the DJI Phantom 3 User Manuals are attached hereto as Appendix A a nd B; a copy of the DJI Phantom 3 UAS Maintenance LOG is attached hereto as Appendix C.

Likewise, the exemption sought will not adversely affect safety because TRINITY SHORING PRODUCTS, INC. 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 equivalent level of safety established by Sections 91.407, 91.417(a) and 91.417(b ), because trained technicians will perform all maintenance of the DJI Phantom 3 UAS . Maintenance will be
documented and maintained utilizing the 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 TRINITY SHORING PRODUCTS, INC. ’s p roposed operating limitations, the operating documents, and the technical aspects of the DJI Phantom 3 UAS, TRINITY SHORING PRODUCTS, INC. submits that 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). 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, 1 1109, 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 14 C.F.R. § 21.16 entitled Special Conditions, TRINITY SHORING PRODUCTS, INC. requests that the FAA prescribe special conditions for the intended operation of the DJI Phantom 3 UAS, which contain such safety standards that the Administrator finds necessary to estab lish 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 permit sa fe operation of the UAS for the limited purpose of conducting aerial video and photography of construction sites and s pecial company events 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 NAS8530 M60 ● Union City, MI 49094 ● P: 517

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- tecequipment.comPage22 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 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 Phantom 3 UAS, since the airworthiness regulations of 14 C.F.R. Part 21 do not contain adequate or appropriate s afety 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 sa fety standards for an aircraft, aircraft engine, or propeller because of a novel or unusual design feature of the aircraft, aircraft engine or propeller,

t he prescribes special conditions and amendments thereto for the product. The special
conditions are i ssued 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. § 2 1.16.

Therefore, in accordance with FMRA Section 333 and 14 C.F.R. § 21.16, the FAA may prescribe special conditions for Leading Edge’s intended operation of the DJI Phantom 3 UAS, which contain such safety standards that the Administrator finds necessary to establish a level
of safety equivalent to that established by 14 C.F.R. Part 21, Subpart H, and 14 C.F.R 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).

Summary

A S ummary That Can Be Pu blished In The Federal Register, stating: The Rules From Which
TRINITY SHORING PRODUCTS, INC. Seeks Exemption: TRINITY SHORING PRODUCTS, INC. 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 o f the Nature of the Exemption TRINITY SHORING PRODUCTS, INC.

Seeks: This exemption will permit TRINITY SHORING PRODUCTS, INC. to commercially operate an Unmanned Aircraft System ( UAS) for conducting aerial video and photography of
construction sites and s pecial company events over certain areas of the United States.

Any Additional Information, Views, o r Arguments Available To Support

TRINITY SHORING PRODUCTS, INC. ’s Request. This Petition is made pursuant to the F AA 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, TRINITY SHORING PRODUCTS, INC. ’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 pose a threat to national security; and further, provides the authority for such UAS to operate without airworthiness certification. As discussed in detail above, TRINITY SHORING PRODUCTS, INC. will operate the DJI Phantom 3 UAS safely in the NAS, without8530 M60 ● Union City, MI 49094 ● P: 517

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- tecequipment.comPage23 creating a hazard to users of the N AS, or the public, or otherwise pose a threat to national security.

CONCLUSION

As set forth herein, TRINITY SHORING PRODUCTS, INC. 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 DJI Phantom 3 UAS commercially, without an
airworthiness certificate, for the limited purpose of conducting aerial video and photography of
construction site and s pecial company events over certain areas of the United States. By granting this Petition, the FAA Administ rator 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 TRINITY SHORING PRODUCTS, INC. to safely, efficiently, and economically operate
the DJI Phanto m 3 UAS commercially within the NAS. WHEREFORE, in accordance with the Federal Aviation Regulations and the FAA Modernization and Reform Act of 2012, Section 333,
TRINITY SHORING PRODUCTS, INC. respectfully requests that the Administrator grant this
Petit ion 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 Leading Edge to operate the DJI Phantom 3 UAS commercially for the purpose of conducting aerial video and photography of construction sites and special company events over certain areas of the United States.

Dated: J uly 27 th , 2015

Respectfully submitted,

Thomas Marciniak Marketing Manager Trinity Shoring Products, Inc. 8530 M60 Hwy Union City, MI 49094
Ph: 517

- 741

- 741
Fax : 517

- 741

- 3659 tommy.marciniak@trin.net8530 M60 ● Union City, MI 49094 ● P: 517

- 741

- 4471 ● F: 517

- 741

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A

– Link to DJI Phantom 3 Manual: Click on link below

http://downlo ad.djiinnovations.com/downloads/phantom_3/en/Phantom_3_Professional_User_M anual_v1.2_en.pdf