USIA VIDEO 333 Exemption Petition of 1 58

FROM:
Bob Fagan USIA Video 7 Millbrook Terrace, New Paltz, New York 12561 Tel: 845 389-5400 Email: usiavideo@gmail.com

TO:

DOCKET OPERATIONS ROOM W12-140 OF THE WEST BUILDING GROUND FLOOR 1200 NEW JERSEY AVENUE, SE. WASHINGTON, DC, 20590

Regulatory Docket No.

PETITION FOR EXEMPTION OF:

USIA VIDEO
FOR AN EXEMPTION SEEKING RELIEF FROM THE REQUIREMENTS OF TITLE 14 OF THE CODE OF FEDERAL REGULATIONS PART 21, SUBPART H AND SECTIONS §§ 61.113(a) & (b), 91.109, 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
PROFESSIONAL UNMANNED AIRCRAFT SYSTEMSUSIA VIDEO 333 Exemption Petition of 2 58

PURSUANT TO SECTION 333 OF
THE FAA MODERNIZATION AND REFORM ACT OF 2012 (PUBLIC LAW 112-95)
Submitted on September 21, 2015USIA VIDEO 333 Exemption Petition of 3 58

TABLE OF CONTENTS

GLOSSARY OF ABBREVIATIONS...........................................4 SUMMARY..................................................................................5 INTRODUCTION AND INTERESTS OF PETITIONER..........6

BASIS FOR PETITION...............................................................8

NAME AND ADDRESS OF PETITIONER........................11

THE SPECIFIC SECTIONS OF 14 C.F.R. FROM WHICH USIA Video
SEEKS EXEMPTION...................................................................12

THE EXTENT OF RELIEF USIA VIDEO SEEKS AND THE REASON USIA VIDEO SEEKS THE RELIEF.............................................18
THE REASONS WHY GRANTING USIA VIDEO REQUEST WOULD BE IN THE PUBLIC INTEREST .................................23

THE REASONS WHY GRANTING THE EXEMPTION WOULD NOT
ADVERSELY AFFECT SAFETY.................................................27

SUMMARY THAT CAN BE PUBLISHED IN THE FEDERAL
REGISTER.....................................................................................45

ANY ADDITIONAL INFORMATION, VIEWS, OR ARGUMENTS CONCLUSION...............................................................................47USIA VIDEO 333 Exemption Petition of 4 58

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 System NOTAM Notice to Airman PIC Pilot In Command Section 333 FAA Modernization and Reform Act of 2012 Section 333 SO Safety Observer SOP Standard Operating Procedures UA Unmanned Aircraft UAS Unmanned Aircraft System VFR Visual Flight Rules VLOS Visual Line of Site VMC Visual Meteorological Conditions VTOL Vertical Takeoff and LandingUSIA VIDEO 333 Exemption Petition of 5 58

**SUMMARY**
USIA Video (Robert Fagan) seeks exemption from the requirements of 14 C.F.R §§ 61.113(a) & (b), 91.109, 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 System pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (FMRA). This exemption will permit
USIA Video to operate an Unmanned Aircraft System (UAS) for the commercial purpose of conducting aerial video and photography of college buildings, business buildings, residential real estate homes, area landscapes to highlight the Hudson Valley and aerial special events.USIA VIDEO 333 Exemption Petition of 6 58

**INTRODUCTION AND INTERESTS OF THE PETITIONER**
USIA Video is a production company based in New York specializing in corporate and educational promotional videography, photography, music video production, special event production and training videos. The principals of USIA Video have been in the video and photography production business for over twenty years; and include Fortune 500 companies and large higher learning educational institutions. USIA Video’s objective is to conduct aerial photography and videography in order to provide high quality digital imaging and video content to its clients, in particular to corporate and educational entities utilizing DJI Phantom 3 Professional UAS. More specifically, USIA Video aerial video and photography operations will serve in the following areas:

• Aerial photography/videography of college buildings, business buildings, residential real estate homes, area landscapes to highlight the Hudson Valley and aerial special events.

• Increase public knowledge of UAS and promote safe UAS operations.
The proposed aerial filming will be conducted over private property with controlled access in the NAS and with the knowledge and permit of the private property’s owner.
Unmanned Aircraft Systems: Phantom 3 Professional UAS
USIA Video seeks an exemption to operate DJI systems DRONES for compensation or hire within the NAS. The DJI Phantom 3 Professional is a vertical takeoff and landing (VTOL) Unmanned Aircrafts (UAS) with aUSIA VIDEO 333 Exemption Petition of 7 58
Ground Control Station (GCS) utilizing electronic tablet or smart phone systems. The DJI 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 DJI Phantom 3 Professional UAS are equipped with four main rotors; driven by Lithium Polymer battery powered electric motors.
The DJI Phantom 3 Professional UAS that will be operated by USIA Video (trained professional), 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.USIA VIDEO 333 Exemption Petition of 8 58

**BASIS FOR PETITION**
Petitioner, USIA Video, pursuant to the provisions of the Federal Aviation

Regulations (14 C.F.R. § 11.61) and the FAA Modernization and Reform Act
of 2012
(FMRA), Section 333, Special Rules for Certain Unmanned Aircraft Systems , hereby
petitions the Administrator to commercially operate the DJI Phantom 3 Professional UAS
in the National Airspace System (NAS), and for an exemption from the requirements of 14 C.F.R §§ 61.113(a) & (b), 91.109, 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, USIA Video operation of DJI 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. Accordingly, USIA Video requests relief from Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b), as these sections set forth
requirements for maintenance that only apply to aircraft with an airworthiness certificate. USIA Video submits that the requested relief is proper since an equivalent level of safety will be ensured. USIA Video willUSIA VIDEO 333 Exemption Petition of 9 58
use experienced personnel or technicians to perform maintenance, alterations, or preventive maintenance on the UAS’s using the methods, techniques, and practices prescribed in the operating documents (i.e., Monthly Maintenance Log, DJI Phantom 3 Professional Instruction Manual). Furthermore, USIA Video will document and maintain all maintenance records for the DJI 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 USIA Video to the extent necessary to allow a Pilot in Command (PIC) holding a Supplemental Pilot Certificate, and who has demonstrated, by meeting minimum flight-hour and currency requirements, that the PIC is able to safely operate the DJI Phantom 3 Professional UAS in a manner consistent with this exemption, including evasive and emergency maneuvers and maintaining appropriate distances from people, vessels, vehicles and structures.
USIA Video seeks relief from Section 91.7(a), entitled Civil aircraft
airworthiness , because the DJI Phantom 3 Professional UAS does not require an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H. As such, USIA Video submits that it will ensure that the DJI Phantom 3 Professional UAS are in an airworthy condition, prior to every flight, by determining that the UAS’s are in compliance with the operating documents (i.e., Monthly Maintenance Log, DJI Phantom 3 Professional Instruction Manual), and that the aircraft are in a condition for safe flight. USIA Video also seeks an exemption from the requirements of Section 91.121, entitled Altimeter Settings , as the DJI Phantom 3 Professional UAS will not have aUSIA VIDEO 333 Exemption Petition of 10 58
typical barometric altimeter onboard. However, altitude information of the DJI Phantom 3 Professional UA will be provided to the PIC via Global Positioning System (GPS) equipment and radio communications telemetry data link, which downlinks from the UA to the GCS for active monitoring of the flight path. This altitude information, combined with USIA Video’s operation of the DJI Phantom 3 Professional UAS within visual line of sight, at or below 200 feet AGL, will ensure a level of safety equivalent to Section
91.121.
Additionally, USIA Video seeks an exemption from the requirements of Section 91.151(b), entitled Fuel requirements for flight in VFR conditions. USIA Video submits that safety will not be affected by operation of the DJI Phantom 3 Professional UA during daylight hours in visual meteorological conditions (VMC) under visual flight rules (VFR), with enough battery power to fly for a total duration of approximately 13.5 minutes to the first point of intended landing and, assuming normal cruising speed, to fly after that for at least 4.5 minutes.
In accordance with 14 C.F.R. § 11.81, USIA Video provides the following information in support of its petition for exemption:USIA VIDEO 333 Exemption Petition of 11 58
A. Name And Address Of The Petitioner.
The name and address of the Petitioner and point of contact is: Robert Fagan USIA Video

7 Millbrook Terrace, New Paltz, New York 12561

Tel: 845 389 5400

Email: usiavideo@gmail.comUSIA VIDEO 333 Exemption Petition of 12 58

B. The Specific Sections Of 14 C.F.R. From Which USIA Video Seeks Exemption.
1. USIA Video 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 (PIC) 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 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.
2. USIA Video Seeks Exemption From The Requirements Of Section 91.7(a). Section 91.7, entitled Civil aircraft airworthiness, subsection (a), states the following:
(a) No person may operate a civil aircraft unless it is in an airworthy condition.USIA VIDEO 333 Exemption Petition of 13 58
3. USIA Video 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, by reference to an altimeter that is set, when operating-- (1) Below 18,000 feet MSL, to-- (i) The current reported altimeter setting of a station along the route and within 100 nautical miles of 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. USIA Video 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 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.USIA VIDEO 333 Exemption Petition of 14 58
5. USIA Video 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—
(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. USIA Video 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 by a person authorized under § 43.7 of this chapter[.]
7. USIA Video Seeks Exemption From The Requirements Of Sections 91.409(a)(1) And 91.409(a)(2). Section 91.409, entitled Inspections, subsection (a), states the following:
(a) Except as provided in paragraph (c) of this section, no person may operate an aircraft unless, within the preceding 12 calendar months, it has had --USIA VIDEO 333 Exemption Petition of 15 58
(1) An annual inspection in accordance with part 43 of this chapter and has been approved for return to service by a person authorized by § 43.7 of this chapter; or
(2) An inspection for the issuance of an airworthiness certificate in accordance with part 21 of this chapter.
8. USIA Video 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--
(i) A description (or reference to data acceptable to the Administrator) of the work performed; and (ii) The date of completion of the work performed; and (iii) The signature, and certificate number of the person approving the aircraft for return to service.
(2) Records containing the following information:USIA VIDEO 333 Exemption Petition of 16 58

(i) The total time in service of the airframe, each engine, each propeller, and each rotor. (ii) The current status of life-limited parts of each airframe, engine, propeller, rotor, and appliance. (iii) The time since last overhaul of all items installed on the aircraft which are required to be overhauled on a specified time basis. (iv) The current inspection status of the aircraft, including the time since the last inspection required by the inspection program under which the aircraft and its appliances are maintained. (v) The current status of applicable airworthiness directives (AD) and safety directives including, for each, the method of compliance, the AD or safety directive number and revision date. If the AD or safety directive involves recurring action, the time and date when the next action is required. (vi) Copies of the forms prescribed by § 43.9(d) of this chapter for each major alteration to the airframe and currently installed engines, rotors, propellers, and appliances.
(b) The owner or operator shall retain the following records for the periods prescribed:
(1) The records specified in paragraph (a)(1) of this section shall be retained until the work is repeated or superseded by other work or for 1 year after the work is performed. (2) The records specified in paragraph (a)(2) of this section shall be retained and transferred with the aircraft at the time the aircraft is sold.USIA VIDEO 333 Exemption Petition of 17 58
(3) A list of defects furnished to a registered owner or operator under § 43.11 of this chapter shall be retained until the defects are repaired and the aircraft is approved for return to service.USIA VIDEO 333 Exemption Petition of 18 58
C. The Extent Of Relief USIA Video Seeks And The Reason USIA Video Seeks The Relief.

1. Extent Of Relief USIA Video Seeks And The Reason USIA Video 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 Supplemental Pilot 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 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, USIA Video submits that an equivalent level of safety will be maintained because no PIC will be allowed to operate the Phantom 3 Professional UA unless that PIC has met certain flight-hour and currency requirements, demonstrating that the PIC is able to safely operate the DJI Phantom 3 Professional 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, USIA Video submits that all flights of the DJI Phantom 3 Professional UAS, conducted by the PIC pursuant to theUSIA VIDEO 333 Exemption Petition of 19 58
grant of this Petition: (1) will be incidental to USIA Video business; and (2) will not carry passengers or property for compensation or hire.
USIA Video believes that though UAS are not traditional aircrafts, a PIC operating the UA must have knowledge of Airman rules, basic Airspace and comply with all the rules proposed by the FAA. However, considering the fact that a UA is more of a model recreational unmanned aircraft, generally weighing less than a few kilos, the PIC may be except from obtaining a Private Pilot Certificate, a Sports Certificate, a Recreational Certificate considering these certificates require flight hours of several thousand tons weighing aircrafts. The operation of UAS by USIA Video is strictly for entertainment / informational purposes, thus the operators of the UAS have a career and / or freelance employment as a Camera Operator and Cinematographer and will be not be entertaining a career as a pilot. Lastly, USIA Video PICs will operate the UAS no higher than 200 feet, consequently causing no danger to any other aircraft in the NAS. However, USIA Video Proposes PIC Certification as a Supplemental pilot and a minimum requirement of successfully completed private pilot ground school. Additionally, supplemental pilots without a current FAA private pilot certificate must have successfully passed the private pilot, commercial pilot, or airline transport pilot knowledge test within the past 24 calendar months.

2. Extent Of Relief USIA Video Seeks And The Reason USIA Video Seeks Relief From Section 91.7(a).USIA VIDEO 333 Exemption Petition of 20 58
Relief from Section 91.7(a) entitled Civil aircraft airworthiness, is requested to the extent required to allow USIA Video to determine that the Phantom 3 Professional UAS are in airworthy condition prior to every flight by ensuring that the UAS is in compliance with the operating documents (i.e., the USIA Video Aerial Operations Manual, Monthly Maintenance Log, and Phantom 3 Professional Instruction Manual). USIA Video seeks the requested relief because the Phantom 3 Professional UAS does not require an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H. Therefore, USIA Video will ensure that the UAS are in airworthy condition based upon its compliance with the operating documents (i.e., Monthly Maintenance Log, and DJI 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 conditions and limitations below.

3. Extent Of Relief USIA Video Seeks And The Reason UAV Aerial Video 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 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 PIC at the ground control station (GCS). Since the FAA requires that any altitude information concerning UAS operations be reported to air traffic control (ATC) in feet above ground level (AGL), USIA Video seeks the requested relief because the Phantom 3 Professional UA’s altimeter may be set on the ground to zero feet AGL,USIA VIDEO 333 Exemption Petition of 21 58
rather than the local barometric pressure or field altitude, before each flight. Considering the limited altitude of the proposed operations, relief from 14 CFR 91.121 is sought to the extent necessary to comply with the applicable conditions and limitations stated below. As more fully set forth herein, an equivalent level of safety will be maintained since the DJI Phantom 3 Professional UAS is 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 USIA Video Seeks And The Reason USIA Video 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 Professional UAS during daylight hours in visual meteorological conditions (VMC), under visual flight rules (VFR), for a total duration of 13.5 minutes to the first point of intended landing and, assuming normal cruising speed, to fly after that for at least 4.5 minutes. USIA Video seeks the requested relief because without an exemption from Section 91.151(b), the flight time duration of the battery powered Phantom 3 UA will severely constrain the practicality of any aerial video or still photo flight operations that USIA Video proposes to conduct pursuant to this Petition. Significantly, as set forth below, the technical specifications of the Phantom 3 Professional UAS operating documents, and USIA VideoUSIA VIDEO 333 Exemption Petition of 22 58
proposed operating limitations, ensure that USIA Video will safely operate the battery powered DJI Phantom 3 Professional UAS during daylight hours in visual meteorological conditions (VMC), under visual flight rules (VFR), with enough battery power to fly for a total duration of 13.5 minutes to the first point of intended landing and, assuming normal cruising speed, to fly after that for at least 4.5 minutes.

5. Extent Of Relief USIA Video Seeks And The Reason USIA Video Seeks Relief From Section 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), And 91.417(a) & (b).

Since Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b) only apply to aircraft with an airworthiness certificate, USIA Video requests relief from these Sections because the DJI Phantom 3 Professional 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. Accordingly, USIA Video will use trained technicians to perform maintenance, alterations, or preventive maintenance on the UAS using the methods, techniques, and practices prescribed in the UAS operating documents (i.e., the USIA Video Aerial Operations Manual, Monthly Maintenance Log, and DJI Phantom 3 Professional Instruction Manual). Furthermore, USIA Video will document and maintain all maintenance records for the DJI Phantom 3 UAS.USIA VIDEO 333 Exemption Petition of 23 58
D. The Reasons Why Granting USIA Video 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 by allowing USIA Video to safely, efficiently, and economically perform aerial video and photography of private buildings and landscapes over certain areas of the United States.
Additionally, use of the DJI Phantom 3 Professional UAS will decrease congestion of the NAS, reduce pollution, and provide significant benefits to the economy. Notably, the benefits of USIA Video’s 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 Professional UA is 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 Professional 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 airports caused by arriving and departing aircraft will be reduced. The DJI Phantom 3 Professional UA does not require an airport to takeoff or land. Likewise, a reduction of manned aircraft conducting aerial video and photography missions would result in fewerUSIA VIDEO 333 Exemption Petition of 24 58
aircraft that must be handled by air traffic control during the ground, takeoff, departure, arrival, and landing phases of flight operations.
2. The Public Will Benefit From The Safety And Efficiency Of The DJI Phantom 3 UAS. Conducting aerial acquisitions with the DJI Phantom 3 Professional UAS, instead of manned aircraft, will greatly benefit the public by drastically reducing the levels of air and noise pollution generated during traditional aerial video and still photography flight operations. By using battery power and electric motors, the DJI Phantom 3 Professional 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 Professional UA, while reducing the carbon footprint of aerial acquisitions, also eliminates noise pollution, as the UAS are propelled by battery powered electric motors, rather than an internal combustion engine. By using the DJI Phantom 3 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 completely eliminated. Aside from the lack of flight crew members located onboard the aircraft, the DJI Phantom 3 UAS (weighing approximately 1280 grams (2.8 pounds) and 590mm (21 inches) diagonal length, and with 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 thatUSIA VIDEO 333 Exemption Petition of 25 58
typically conduct similar operations (weighing approximately 6,000 pounds with a wingspan of approximately 42 feet, a length of 34 feet, and a fuel capacity of 180 gallons).
3. Performing Aerial Video and Photography Operations With The DJI Phantom 3 UAS Will Benefit The Economy. In addition to being safe and efficient, the DJI Phantom 3 Professional is also an economical alternative to using manned aircraft to conduct similar aerial operations. As such, operation of the DJI Phantom 3 Professional UAS will allow United States based companies, like USIA Video, to remain competitive and contribute to growth of the U.S. economy. Specifically, with the rising cost of aviation fuel and the Environmental Protection Agency (“EPA”) regulatory actions phasing out leaded aviation fuels, U.S. owned and operated companies must adopt new and alternative technology in order to remain competitive. Operating the battery powered DJI Phantom 3 Professional UAS is one such technology that not only allows companies greater operational flexibility compared to manned aircraft, but provides such flexibility without the high operational cost of a traditional manned aircraft. By operating the DJI Phantom 3 Professional UAS, companies such as USIA Video, can remain competitive and profitable, and therefore, provide greater job stability to employees and contractors, which will ultimately contribute to growth of the U.S. economy. Improved financial performance of U.S. companies, through commercial use of the DJI Phantom 3 Professional UAS, provides a stable workforce that increases consumer spending; improves local, state, and federal tax revenues; and allows companies to invest in researchUSIA VIDEO 333 Exemption Petition of 26 58
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, USIA Video proposed operation of the DJI Phantom 3 UAS will not implicate any privacy issues. Specifically, the DJI Phantom 3 Professional UAS will be operated only in compliance with operating documents (i.e., the USIA Video Aerial Operations Manual, Monthly Maintenance Log, and DJI Phantom 3 Professional Instruction Manual) which requires property owner involvement as well as local law enforcement notification, and in accordance with the Federal Aviation Regulations, including the minimum altitude requirements of 14 C.F.R. §
91.119.USIA VIDEO 333 Exemption Petition of 27 58
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 USIA Video Seeks Exemption.
1. Reasons Why The DJI Phantom 3 Professional 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 its operation, USIA Video operation of the DJI 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.
Specifically, FMRA Section 333 states the following, in part:

(a) In General.--Notwithstanding any other requirement of this subtitle, and not later than 180 days after the date of enactment of this Act, the Secretary of Transportation shall determine if certain unmanned aircraft systems may operate safely in the national airspace system before completion of the plan and rule-making 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 theUSIA VIDEO 333 Exemption Petition of 28 58
determination under subsection (a), the Secretary shall determine, at a minimum--
(1) which types of unmanned aircraft systems, if any, as a result of their size, weight, speed, operational capability, proximity to airports and populated areas, and operation within visual line of sight do not create a hazard to users of the national airspace system or the public or pose a threat to national security; and
(2) whether a certificate of waiver, certificate of authorization, or airworthiness certification under section 44704 of title 49, United States Code, is required for the operation of unmanned aircraft systems identified under paragraph (1).
(c) Requirements for Safe Operation.--If the Secretary determines under this section that certain unmanned aircraft systems may operate safely in the national airspace system, the Secretary shall establish requirements for the safe operation of such aircraft systems in the national airspace system.
In seeking this exemption, USIA Video submits that the DJI Phantom 3 Professional UAS can operate safely in the NAS pursuant to FMRASection333,as demonstrated by: (a) the characteristics of the DJI Phantom 3 Professional UAS;
(b) the pilot certification requirement; and (c) the specific operating limitations.
**a. The Specifications Of The Phantom 3 Professional UAS Demonstrate**
**Its Safe Characteristics.**USIA VIDEO 333 Exemption Petition of 29 58

The DJI Phantom 3 Professional UAS does not create a hazard to users of the NAS or the public, or otherwise pose a threat to national security considering its size, weight, speed, and operational capability.
i. Technical Specifications Of The DJI Phantom 3 Professional UAS. The technical specifications of the Phantom 3 Professional UAS is set forth by the Phantom 3 Professional Specifications and Data Sheet, attached hereto as Exhibit A.
ii. The DJI Phantom 3 Professional UAS Autonomous Flight And Navigation Modes Enable The UAS To Remain Within A Defined Operational Area. The DJI 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 DJI Phantom 3 UAS is provided at pages 25-35 of the DJI User Manual, attached hereto as Exhibit B & D
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 Link is lost, the UA will remains stationary, in flight, for 3 seconds or more. If, after 3 seconds, the DJI Phantom 3 Professional UA does not reacquire control link data from the GCS, the UA will assume that the Control Link is lost and the UA will return to the home position (i.e., failsafe mode) via GPS, and will descend to the takeoff position and shutdown. A complete description of the Failsafe Functions of the DJI Phantom 3 Professional UAS are set forth at pages 27 through 29 of the (Phantom 3) Professional User Manual, attached hereto as B & D. INSETUSIA VIDEO 333 Exemption Petition of 30 58
iv. The DJI Phantom 3 Professional GCS And Its Operation. A complete description of the operation and specifications of the DJI Phantom 3 GCS and flight control software is provided at pages 32 through 43 of the (DJI Phantom 3) Professional User Manual. User Manual is attached hereto as Exhibit B & D.
**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.** USIA Video will only utilize certificated pilots who possess a current and valid airman medical certificate to act as a pilot in command (PIC) of the Phantom 3 Professional UAS. Additionally, a safety observer will assist all pilots during flight time.
**c. Flights Of Phantom 3 Professional UAS Will Be Conducted Pursuant To Specific Operating Limitations.**  In seeking this exemption, proposes to commercially operate the DJI Phantom 3 Professional UAS for the special purpose of conducting aerial video and photography 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: DJI Phantom 3 Professional Unmanned Aircraft System. Proposed operations of any other aircraft will require a new petition or a petition to amend this grant.USIA VIDEO 333 Exemption Petition of 31 58
2. UAS operations under this exemption will be limited to conducting operations for the purpose of aerial video and photography for homeowners, Realtors, home builders, contractors, home inspectors for use in real estate marketing and real estate inspections. Additionally, aerial video and photography may be conducted on occasional basis for film and television sets, special events and landscape photography, conducting power line inspection, aerial mapping, surveying as deemed necessary.
3. The UAS may not be flown at an indicated airspeed exceeding 29 knots (15 m/s).
4. The UAS must be operated at an altitude of no more than 200 (500 per the User Manual) feet above ground level (AGL), as indicated by the procedures specified in the operating documents unless a special request is made and approved by ATC. All altitudes reported to ATC must be in feet AGL.
5. The UAS must be operated within visual line of sight (VLOS) of the PIC at all 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 of 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.USIA VIDEO 333 Exemption Petition of 32 58

The SO and PIC must be able to communicate verbally at all times. Electronic messaging or texting is not permitted during flight operations. The PIC must be designated before the flight and cannot transfer his or her designation for the duration of the flight. The PIC must ensure that the SO can perform the functions prescribed in the operating documents.
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 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 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 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.USIA VIDEO 333 Exemption Petition of 33 58
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. All maintenance and alterations must be properly 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 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, 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.USIA VIDEO 333 Exemption Petition of 34 58
15. Each UAS operated under this exemption must comply with all manufacturer Safety Bulletins.
16. The authorized person must make an entry in the aircraft record of the corrective action taken against discrepancies discovered between inspections.
17. The PIC must possess at least a Supplemental Pilot certificate and at least a current third-class medical certificate. Supplemental pilots must have, at a minimum, successfully completed private pilot ground school. Additionally, supplemental pilots without a current FAA private pilot certificate must have successfully passed the private pilot, commercial pilot, or airline transport pilot knowledge test within the past 24 calendar months.
18. The operator may not permit any PIC to operate unless the PIC meets the operator’s qualification criteria and demonstrates the ability to safely operate the UAS in a manner consistent with how the UAS will be operated under the exemption, including evasive and emergency maneuvers and maintaining appropriate distances from persons, vessels, vehicles and structures. PIC qualification flight hours must be logged in a manner consistent with 14 C.F.R. § 61.51(b). Flights for the purposes of training the operator’s PICs are permitted under the terms of the exemption. However, training operations may only be conducted during dedicated training sessions. During training, proficiency, and experience-building flights, all persons not essential for flight operations are considered nonparticipants, and the PIC must operate the UA with appropriate distance from nonparticipants in accordance with 14 C.F.R. § 91.119.USIA VIDEO 333 Exemption Petition of 35 58
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 not authorized.
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 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.
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 PIC.
22. If the UA loses communications or loses its GPS signal, it must return to a predetermined location within the planned operating area and land or be recovered in accordance with the operating documents.
23. The PIC must abort the flight in the event of unpredicted obstacles or emergencies in accordance with the operating documents.
24. The PIC is prohibited from beginning a flight unless (considering wind and forecast weather conditions) there is enough power to fly at normal cruising speed to the intended landing point and land the UA with 25% battery power remaining.USIA VIDEO 333 Exemption Petition of 36 58
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 requirements.
28. The documents required fewer than 14 C.F.R. 91.9 and 91.203 must be available to the PIC at the Ground Control Station of the UAS any time the UAS is operating. These documents must be made available to the Administrator or any law enforcement official upon request.
29. The UAS must remain clear and yield the right of way to all manned aviation operations and activities at all times.USIA VIDEO 333 Exemption Petition of 37 58
30. The UAS may not be operated by the PIC from any moving device or vehicle.
31. Flight operations must be conducted at least 500 feet from all nonparticipating persons (persons other than the PIC, SO, operator trainees or essential persons), vessels, vehicles, and structures unless:
a. Barriers or structures are present that sufficiently protect 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 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).
32. All operations shall be conducted over private or controlled-access property with permission from the land owner/controller or authorized representative. Permission from land owner/controller or authorized representative will be obtained for each flight to be conducted.
33. Any incident, accident, or flight operation that transgresses the lateral or vertical boundaries of the operational area as defined by the applicable COA must be reported to the FAA's UAS Integration Office (AFS-80) within 24USIA VIDEO 333 Exemption Petition of 38 58
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.** 
USIA Video 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 Professional 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 Professional UAS in a manner consistent with the exemption, including evasive and emergency maneuvers and maintaining appropriate distances from people, vessels, vehicles and structures.
Considering USIA Video 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 safely operate the DJI Phantom 3 Professional UAS, USIA Video submits that the additional manned airmanship experience of a commercially certificated pilot would not correlate to the airmanship skills necessary for USIA Video 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,USIA VIDEO 333 Exemption Petition of 39 58
11067, 11080, 11109, 11110, 11112, 11136, 11138, 11150, 11153, 11156, 11158, 11159, 11160, 11161).
**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, USIA Video will ensure that the Phantom 3 Professional 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 material respects, to those presented herein (e.g. Exemption Nos. 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110, 11112, 11136, 11138, 11150, 11153, 11156, 11157, 11158, 11159, 11160, 11161).
**4. Reasons Why An Exemption From The Requirements Of Section 91.121 Would Not Adversely Affect Safety.**  The equivalent level of safety established by Section 91.121 will be maintained because the altitude information of the DJI Phantom 3 Professional UA will be provided to the PIC via GPS equipment and a radio communications telemetry data link, which downlinks from the UA to the GCS for active monitoring of the flight path and altitude. This altitude information, combined with USIA Video’s operation of the DJI 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. The altitude information will be generated by GPS equipment installed onboard the aircraft. Prior toUSIA VIDEO 333 Exemption Petition of 40 58
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.** 
A grant of this exemption would ensure an equivalent level of safety established by14 C.F.R. Section 91.151(b) as a result of (1) the technical specifications of the DJI Phantom 3 Professional UAS; (2) the limitations on the proposed flight operations; and (3) the location of the proposed flight operations. Accordingly, USIA Video will ensure that it will safely operate the battery powered DJI Phantom 3 Professional UA during daylight hours in VFR conditions, with enough battery power to fly for a total duration of 13.5 minutes to the first point of intended landing and, assuming normal cruising speed, to fly after that for at least 4.5 minutes. Here, as in Exemption No. 11109, the technical specifications of the DJI Phantom 3 Professional 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 ensured as the DJI Phantom 3 Professional UAS provide audible and visual warnings to the PIC at the GCS when the UASUSIA VIDEO 333 Exemption Petition of 41 58
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 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, 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, USIA Video 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 USIA Video 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., the USIA Video Aerial Operations Manual, MonthlyUSIA VIDEO 333 Exemption Petition of 42 58
Maintenance Log, and DJI Phantom 3 Professional Instruction Manual). Furthermore, USIA Video will document and maintain all maintenance records for the Phantom 3 Professional UAS. Since the DJI Phantom 3 Professional UAS will be inspected as prescribed by the operating documents, USIA Video 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 UAS Maintenance LOG is attached hereto as Exhibit C. Likewise, the exemption sought will not adversely affect safety because USIA Video 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 all maintenance of the DJI Phantom 3 Professional UAS will be performed by trained technicians. 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 USIA Video proposed operating limitations, the operating documents, and the technical aspects of the DJI Phantom 3 Professional UAS, USIA Video 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 previouslyUSIA VIDEO 333 Exemption Petition of 43 58
granted relief specific to UAS in circumstances similar, in all material respects, to those presented herein (e.g. Exemption Nos. 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110, 11112, 11136, 11138, 11150, 11153, 11156, 11157, 11158, 11159, 11160, 11161).
**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, USIA Video requests that the FAA prescribe special conditions for the intended operation of the DJI 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 §§ 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 safe operation of the UAS for the limited purpose of conducting aerial video and photography over certain areas of the United States for compensation or hire. FMRA Section 333 sets forth the requirements for considering whether a UAS will create a hazard to users of the NAS or the public, or otherwise pose a threat to national security; and further, 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.USIA VIDEO 333 Exemption Petition of 44 58
§ 21.16, for operation of the DJI 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 special conditions are issued in accordance with Part 11 of this chapter and contain such safety standards for the aircraft, aircraft engine or propeller as the FAA finds necessary to establish a level of safety equivalent to that established in the regulations. See 14 C.F.R. § 21.16.
Therefore, in accordance with FMRA Section 333 and 14 C.F.R. § 21.16, the FAA may prescribe special conditions for USIA Video’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).USIA VIDEO 333 Exemption Petition of 45 58

**F. A Summary That Can Be Published In The Federal Register, stating: The Rules From Which USIA Video Seeks Exemption:**  USIA Video 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 USIA Video Seeks: This exemption will permit USIA Video to commercially operate an Unmanned Aircraft System (UAS) for the purpose of conducting aerial video and photography over certain areas of the United States.
**G. Any Additional Information, Views, Or Arguments Available To Support USIA Video 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, USIA Video 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, USIA Video will operate the DJI Phantom 2 Vision +, Phantom 3 Professional UAS safelyUSIA VIDEO 333 Exemption Petition of 46 58
in the NAS, without creating a hazard to users of the NAS, or the public, or otherwise pose a threat to national security.USIA VIDEO 333 Exemption Petition of 47 58

**CONCLUSION**
As set forth herein, USIA Video 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 Professional UAS commercially, without an airworthiness certificate, for the limited purpose of conducting aerial video and photography over certain areas of the United States. By granting this Petition, the FAA Administrator will be fulfilling the Congressional mandate of the FAA Modernization and Reform Act of 2012, while also advancing the interests of the public, by allowing UAV USIA Video to safely, efficiently, and economically operate the DJI Phantom 3 Professional UAS commercially within the NAS.
WHEREFORE, in accordance with the Federal Aviation Regulations and the FAA Modernization and Reform Act of 2012, Section 333, USIA Video 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 USIA Video to operate the DJI Phantom 3 Professional UAS commercially for the purpose of conducting aerial video and photography of in order to provide high quality digital imaging and video content to its clients, in particular to corporate and educational entities utilizing DJI Phantom 3 Professional UAS.
Dated: September 21, 2015
Respectfully submitted by, Robert FaganUSIA VIDEO 333 Exemption Petition of 48 58
Robert Fagan, USIA Video
7 Millbrook Terrace, New Paltz, New York

Tel: 845-389-5400

Email: usiavideo@gmail.com

Appendixes: A – Specifications Data Sheet B – DJI Phantom 3 Manufacturer’s User Manual C – Monthly Maintenance Log

APPENDIX – A

TECHNICAL SPECIFICATIONS
USIA Video only utilizes safe and reliable UASs. DJI is an industry leader in small UAS production. DJI 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 flight to a predetermined and set distance. In addition, DJI software provides real-time altitude and location information to the PIC via the linked monitor (smart phone/tablet devices)

1.1USIA VIDEO 333 Exemption Petition of 49 58

1.1.1 Aircraft
. 1.1.1.1 Supported Battery – DJI 5200mAH LiPo Battery

. 1.1.1.2 Weight (Battery & Propellers Included) – 2lbs 11.810oz (1242g)

. 1.1.1.3 Hover Accuracy (Ready to Fly) – Vertical: .8m; Horizontal:
2.5m

. 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 – 6m/s

. 1.1.1.7 Max Descent Speed – 2m/s

. 1.1.1.8 Max Flight Speed – 15m/s (NOT RECOMMENDED)

1.1.2 GimbalUSIA VIDEO 333 Exemption Petition of 50 58
1.1.2.1 Working Current – Static: 750mA; Dynamic: 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 Pixels – 14M

1.1.3.4 Resolution – 4384x3288 4.1.3.5 HD Video Recording – 1080p30 & 720p
4.1.3.6 Recording Field of View - 110 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: 800mUSIA VIDEO 333 Exemption Petition of 51 58
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 – 2W

APPENDIX-B DJI Phantom 3 Advanced Manufacturer's User Manual 2015.04
(uploaded in a separate attachment, a 54 -page document)USIA VIDEO 333 Exemption Petition of 52 58

APPENDIX – C
DJI PHANTOM 3 TECHNICAL SPECIFICATIONS

AIRCRAFT
Weight (Including Battery And Propellers) Diagonal Size (Including Propellers) Max Ascent Speed Max Descent Speed

Hover Accuracy

• Vertical: +/- 10cm

• Horizontal: +/- 1m Max Speed Max Altitude Above Sea Level Operating Temperature Gps Mode
GIMBAL Controllable Range Stabilization

1280 g 590 mm 5 m/s
3 m/sUSIA VIDEO 333 Exemption Petition of 53 58
16 m/s (ATTI mode, no wind) 6000 m
0°C to 40°C

GPS/GLONASS
Pitch -90° to +30° 3-axis (pitch, roll, yaw)

REMOTE CONTROLLER
Operating Frequency Max Distance Video Output Port Operating Temperature Battery
Mobile Device Holder Receiver Sensitivity (1%Per) Transmitter Power (Eirp)

• FCC: 20 dBm

• CE: 16 dBm Working Voltage
BATTERY CHARGER Voltage
Rated Power Phantom 3 ProfessionalUSIA VIDEO 333 Exemption Petition of 54 58

2.400 GHz-2.483 GHz 2000m (outdoors and unobstructed)

USB

0°C- 40°C
6000 mAh LiPo 2S
For tablet or phone -101 dBm ±2 dBm

1.2 A @7.4 V

17.4 V 100 W

INTELLIGENT FLIGHT BATTERY

Capacity Voltage Battery Type Energy
Net Weight Max Flight Time Operating Temperature Max Charging Power

4480 mAh 15.2 V

LiPo 4S 68 WhUSIA VIDEO 333 Exemption Petition of 55 58
365 g Approximately 23 minutes -10°C to 40°C
100 WUSIA VIDEO 333 Exemption Petition of 56 58

APPENDIX – E MONTHLY MAINTENANCE LOG

month:

year:

UAS #

Date Issue Discovered

Date Issue Addressed
Issue Description & Maintenance Conducted
Maintenance Performed By: Print & Sign
Software Updates

AirframeUSIA VIDEO 333 Exemption Petition of 57 58

Engines

Propellers

Camera GimbalUSIA VIDEO 333 Exemption Petition of 58 58

Landing Gear

Vibration Dampening

Other:

Robert Fagan, USIA Video
7 Millbrook Terrace, New Paltz, New York Tel: 845-389-5400 Email: usiavideo@gmail.com