### Martin	Summer

– Application	for	FAA	Section	333	Exemption 1 Martin Summer Application for FAA Section 333 Exemption

FROM: July 15, 2015

Martin Allen Summer 

### FAA Airman Cert# 3039756 537 Commons Drive Palm Beach Gardens, Florida, 33418 Tel: 561.832.2336 Email: marty@worth.net

TO:

DOCKET OPERATIONS ROOM W12

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

PETITION FOR EXEMPTION OF:

Aerial Video and Photography using UAV
FOR AN EXEMPTION SEEKING RELIEF FROM THE REQUIREMENTS OF TITLE 14 OF THE CODE OF FEDER AL 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

PURSUANT TO SECTION 333 OF THE FAA MODERNIZATION AND REFORM ACT OF 2012 (PUBLIC LAW 112

- 95)

### Martin	Summer

– Application	for	FAA	Section	333	Exemption 2 TABLE OF CONTENTS

GLOSSARY OF ABBREVIATIONS 3
SUMMARY 4
INTRODUCTION AND INTERESTS OF PETITIONER 4
BASIS FOR PETITION 6
NAME AND ADDRESS OF PETITIONER 8
THE SPECIFIC SECTIONS OF 14 C.F.R. FROM WHICH
MARTIN SUMMER SEEKS EXEMPTION 8
THE EXTENT OF RELIEF MARTIN SUMMER SEEKS AND THE
REASON MARTIN SUMMER SEEKS THE RELIEF 11
THE REASONS WHY GRANTING MARTIN SUMMER REQUEST WOULD BE IN THE PUBLIC INTEREST 14
THE REASONS WHY GRANTING THE EXEMPTION
WOULD NOT ADVERSELY AFFECT SAFETY 17
SUMMARY THAT CAN BE PUBLISHED IN THE FEDERAL REGISTER 2 8 ADDITIONAL INFORMATION, VIEWS, OR ARGUMENTS CONCLUSION 3 0

EXHIBITS:

Attached to this petition ; 

### 1

- Exhibit A = DJI Phantom 3 Pro Specs and Data sheet
2

- Exhibit B = P3 User Manual
3

- Exhibit C = Martin Summer’ s current FAA Medical

### Martin	Summer

– Application	for	FAA	Section	333	Exemption 3 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 L ink NAS National Airspace System
NOTAM Notice to Airman
PIC Pilot In Command Section 333 FAA Modernization and Reform Act of 2012 (FMRA) Section 333 SO Safety Observer SOP Standard Operating Procedures
UA Unmanned Aircraft UAS Unmanned Aircraft Sys tem VFR Visual Flight Rules
VLOS Visual Line of Site VMC Visual Meteorological Conditions VTOL Vertical Takeoff and Landing

### Martin	Summer

– Application	for	FAA	Section	333	Exemption 4 SUMMARY

Martin Summer 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 permi t Martin Summer to operate an Unmanned Aircraft System (UAS) for the commercial purpose of conducting aerial video and photography of Real Estate Properties (for homeowners, realtors, home builders, home contractors and / or home inspectors for real

estate marketing and inspection of home exteriors) as well as filming of special events, film sets, scripted and unscripted television sets and landscape, conducting power line inspection, aerial mapping, surveying and search and rescue over certain areas of the United States.



### INTRODUCTION AND INTERESTS OF THE PETITIONER

Martin Summer has been a career photographer since the mid 1970’s. He holds a current
FAA airman certificate (PP SEL) , and has operated a photo production company based in
Florida , since 1989

. The business began as a portrait studio, but over the years evolved into producing aerial photos ( from fixed wing Cessna 172 )

. We understand and respect national airspace and always ha ve a commercially licensed pilot and camera operator on board

.

Over the years, I have produced work to provide environmental impact studies, litigation and forensic aerial images, real estate listings and general construction progress images.

I am currently working on a project for the Palm Beach County Convention B ureau. All this work is produced from a certified aircraft with 100 hour inspections

. I have NEVER used a UAV for commercial purposes, respecting the FAA’s regulations

. My decision to follow the law is costing me a large amount of business as hobbyists take to the skies for commerce

.

My objective is to use UAV’s to improve my service, and to compete fairly and lawfully against those who disregard the law and function in a potentially dangerous manner. My
main website has a banner directing potential clients to a link describing the illegal and undisciplined use of UAV’s that are popping up nationally.

### Martin	Summer

– Application	for	FAA	Section	333	Exemption 5 Our intent is to use DJI’s current and future series of drones. More specifically, Martin Summer will serve in the following areas:

• Aerial photos and videos of houses / residential and commercial buildings and property

• Aerial event photography • Aerial event filming • Aerial Film & Television production • Aerial search and rescue and safety i nspections

• 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 permi ssion of the private property’s owner.



### Unmanned Aircraft Systems: DJI Phantom 3 Professional UAV

Martin Summer seeks an exemption to operate DJI systems DRONES for compensation or hire w ithin the NAS. The DJI Phantom 3 Professional is a vertical takeoff and l anding (VTOL) Unmanned Aircraft (UA V ) with a Ground Control Station (GCS) utilizing electronic
controls and monitoring systems. The DJI Phantom 3 Professional has a maximum gross weight of approximately 3 pounds, an d a length of 16 x 16 inches, height of 8 inches, and a maximum speed of approximately 32 knots. The DJI Phantom 3 Professional is equipped with four main rotors; driven by Lithium Polymer battery powered electric motors.
The DJI Phantom 3 Professional will be operated by Martin Summer ( a Licensed and Current FAA airman, with current medical) and 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.

### Martin	Summer

– Application	for	FAA	Section	333	Exemption 6 BASIS FOR PETITION

Petitioner, Martin Summer , 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 peti tions the Administrator to commercially operate the DJI Phantom 3 Professional 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 with the unmanned aircraft and its operation, Martin Summer ’s operation of the DJI Phantom 3 Professional 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, Martin Summer 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. Martin Summer submits that the requested relief is proper since an equivalent level of safety will be ensured.

M artin Summer will 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, and DJ I
Phantom 3 Professional Instruction Manual). Furthermore, Martin Summer will document
and maintain all maintenance records for the DJI Phantom 3 Professional

.

Relief from certain requirements of Section 61.113(a) and (b), entitled Private pilot privileges and limitations : Pilot In Command, is requested by Martin Summer 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 requireme nts, that the
PIC is able to s afely operate the DJI Phantom 3 Professional in a manner consistent with this exemption, including evasive and emergency maneuvers and maintaining appropriate distances from people, vessels, vehicles and structures.

### Martin	Summer

– Application	for	FAA	Section	333	Exemption 7 Martin Su mmer seeks relief from Section 91.7(a), entitled Civil aircraft airworthiness , because the DJI Phantom 3 Professional do es not require an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H. As such, Martin Summer submits that it will
ensure that the DJI Phantom 3 Professional is 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, and DJI Phantom 3 Professional Instruction Manual), and that the aircraft are in a condition for safe flight. Martin Summer also seeks an exemption from the requirements of Section Palm 91.121, entitled Altimeter Settings , as the DJI Phantom 3
Professional will not have a typical barom etric altimeter onboard. However, altitude
information of the DJI Phantom 3 Professional 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 acti ve monitoring of the flight path. This altitude information, combined with Martin Summer ’ operation of the DJI Phantom 3 Professional
within vis ual line of sight, at or below 2 00 feet AGL, will ensure a level of safety equivalent
to Section 91.121.

Additionally, Martin Summer seeks an exemption from the requirements of Section 91.151(b), entitled Fuel requirements for flight in VFR conditions. Martin Summer submits that safety will not be affected by operation of the DJI Phantom 3 Professional
durin g 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 f ly after that for at
least 4.5 minutes.

### Martin	Summer

– Application	for	FAA	Section	333	Exemption 8 In accordance with 14 C.F.R. § 11.81, Martin Summer provides the following information in support of its petition for exemption:



### NAME AND ADDRESS OF PETITIONER

A. Name And Address Of The Petitioner.
The name an d address of the Petitioner and point of contact is:
Martin Summer DBA: Palm Beach Photographics and Martin Summer 537 Commons Drive, Palm Beach Gardens, Fl, 33418
Tel: 561

- 832

- 2336
Email: marty@worth.net



### SPECIFIC CFR EXCEPTIONS B. The Specific Sections Of 14 C.F.R. From Which Martin Summer Seeks Exemption.
1. Martin Summer 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 emp loyment 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. Martin Summer Seeks Exemption From The Requirements Of Section 91.7(a). Section 91.7, e ntitled Civil aircraft airworthiness, subsection (a), states the following: (a) No person may operate a civil aircraft unless it is in an airworthy condition.
3. Martin Summer Seeks Exemption From The Requirements Of Section 91.121. Section

### Martin	Summer

– Application	for	FAA	Section	333	Exemption 9 91.121, entit led 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. Martin Summer 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 (cons idering wind and forecast weather conditions) there is enough fuel to fly to the first point of intended landing and, assuming normal cruising speed, to fly after that for at least 20 minutes.
5. Martin Summer Seeks Exemption From The Requirement Of Secti on 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 , except as provided in paragraph (c) of this section, have discrepancies repaired as prescribed in part 43 of this chapter[.]
6. Martin Summer 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 un dergone maintenance, preventive maintenance, r ebuilding, or alteration unless

-- (1) It has been approved for return to service by a person authorized under § 43.7 of this chapter[.]
7. Martin Summer Seeks Exemption From The Requirements Of Sections 91.409(a)(1) And 91.409(a)(2).

### Martin	Summer

– Application	for	FAA	Section	333	Exemption 1 0 Section 91.409, en titled Inspections, subsection (a), states the following: (a) Except as provided in paragraph (c) of this section, no person may operate an aircraft unless, within the preceding 12 calendar months, it has had

-- (1) An annual inspection in accordance wit h part 43 of this chapter and 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. Martin Summer Seeks E xemption 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 approve d 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 perf ormed; and (ii) The date of completion of the work performed; and (iii) The signature, and certificate number of the person approving the aircraft for return to
service. (2) Records containing the following information: (i) The total time in 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 requi red 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 a ircraft and its appliances are maintained. (v) The current st atus 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

### Martin	Summer

– Application	for	FAA	Section	333	Exemption 11 the n ext 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 r ecords 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. (3) A list of defects furnished to a registered owner or operator under § 43.11 of this chapter
shall be re tained until the defects are repaired and the aircraft is approved for return to
service.

C. The Extent Of Relief Martin Summer Seeks And The Reason Martin Summer Seeks The Relief.
1. Extent Of Relief Martin Summer Seeks And The Reason Martin Summer Seeks 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 c ertificate, 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 l imitations set forth in Section 61.113(a) and (b) state that a private pi lot may, for compensation or hire, act as PIC of an aircraft in connection with any business or employment if: (1) The flight is 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, Martin Summer submits that an equivalent level of safety will be maintained because no PIC will be allowed to operate the DJI Phantom 3 Professional unless that PIC has met certain flight

- hour and currency requirements, de monstrating that the PIC is able to safely operate either the DJI Phantom 3 Professional in a manner consistent with the operations specifications as described in this exemption, including evasive and emergency maneuvers, as well as maintaining appropriate distances from people, vessels, vehicles and structures. Further, Martin Summer submits that all flights of the DJI Phantom 3
Professional , conducted by the PIC pursuant to the grant of this Petition: (1) will be

### Martin	Summer

– Application	for	FAA	Section	333	Exemption 12 incidental to Martin Summer business; and (2) will not carry passengers or property for compensation or hire.
Martin Summer 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 our DJI UAV is almost like a toy, weigh ing less than 5 pounds , 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
Martin Summer is strictly for the purpose of acquiring photo and video media

.

Lastly, Martin Summer PICs will operate the UAS no higher than 2 00 feet, consequently causing no danger do any other aircraft in the NAS. Martin Summer, has successfully

co mpleted 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 Martin Summer Seeks And The Reason Martin Summer Seeks Relief
from Section 91.7 (a) entitled Civil aircraft airworthiness, is requested to the extent required to allow Martin
Summer to determine that the DJI Phantom 3 Professio nal are in airworthy condition prior to every flight by ensuring that the UAS is in compliance with the operating documents (i.e., the
Martin Summer Aerial Operations Manual, Monthly Maintenance Log, and DJI Phantom 3
Professional Instruction Manual). Martin Summer seeks the requested r elief because the DJI
Phantom 3 Professional do es not require an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H. Therefore, Martin Summer will ensure that the DJI Phantom 3
Professional is in ai rworthy 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 Martin Summer Seeks And The Reason Martin Summer Se eks Relief
From Section 91.121 , entitled Altimeter settings, may be required to allow flight operations
of the DJI Phantom 3 Profession al , 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

### Martin	Summer

– Application	for	FAA	Section	333	Exemption 13 altitude information concerning UAS operations be reported to air traffic control (ATC) in feet above ground level (AGL), Martin Summer seeks the requested relief because the DJI
Phantom 3 Professional’ s altimeter may be set on the ground to zero feet AGL, rather than
the loca l 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 maint ained since the DJI Phantom
3 Professional 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 inform ation of the UA on the heads

- up display of
the GCS.
4. Extent Of Relief Martin Summer Seeks And The Reason Martin Summer Seeks r elief from Section 91.151(b) entitled Fuel requirements for flight in VFR conditions, is requested to the extent required to a llow flights of the battery powered DJI Phantom 3 Professional 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 norma l cruising speed, to fly after that for at least 4.5 minutes. Martin Summer seeks the requested relief because without an exemption from Section 91.151(b), the flight time duration of the battery powered DJI Phantom 3 Professional will severely constrain t he practicality of any aerial video or still photo flight operations that Martin Summer proposes to conduct pursuant to this Petition. Significantly, as set forth below, the technical

spec ifications of the DJI Phantom 3 Professional operating documents, and Martin Summer proposed operating limitations, ensure that Martin Summer will safely operate th e battery powered DJI Phantom 3 Professional 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 Martin Summer Seeks And The Reason Mar tin Summer 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, Martin Su mmer requests relief from these Sections
because the DJI Phantom 3 Professional does not require airworthiness certificates. As set

### Martin	Summer

– Application	for	FAA	Section	333	Exemption 14 forth more fully below, the DJI Phantom 3 Professional meet s the conditions of FMRA Section 333 for operation without an airworthiness certificate. Accordingly, Martin Summer will use trained technicians to perform maintenance, alterations, or preventive maintenance on the UAS using the methods, techniques, and pra ctices prescribed in the UAS operating documents (i.e., the Martin Summer Aerial Operations Manual, Monthly Maintenance Log,
and DJI Phantom 3 Professional Instruction Manual). Furthermore, Martin Summer will
document and maintain all maintenance records f or the DJI Phantom 3 Professional

.



### Interest; That Is, How It Would Benefit The Public As A Whole.

Granting the present Petition will further the public interest by allowing Martin Summer to safely, efficiently, and economically perform aerial video and photography of real estate, special events, film sets, property, and landscape over certain areas of the United States.

Additionally, use of the DJI Phantom 3 Professional will decrease c ongestion of the NAS, reduce pollution, and provide significant benefits to the economy. Notably, the benefits of
Martin Summer ’s proposed operation of the DJI Phantom 3 Professional will be realized without implicating any privacy issues.

1. The Public Will Benefit From Decreased Congestion Of The NAS. The DJI Phantom 3
Professional are battery powered and serve as a safe, efficient, and economical alternative to the manned aircraft traditionally utilized to obtain aerial imagery. By reduci ng the amount of manned aircraft needed to perform aerial acquisitions, an exemption allowing the use of a
DJI Phantom 3 Professional would reduce the amount of manned aircraft in the NAS, reduce noise and air pollution, as well as increase the safety of l ife 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 do es not requ ire an airport to takeoff or land. Likewise, a reduction of manned aircraft conducting aerial video and photography missions would result in fewer aircraft that

### Martin	Summer

– Application	for	FAA	Section	333	Exemption 15 must be handled by air traffic control during the ground, takeoff, departure, arrival, and
land ing phases of flight operations.

2. The Public Will Benefit From The Safety And Efficiency Of The DJI Phantom 3
Professional . Conducting aerial acquisitions with the DJI Phantom 3 Professional , 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 produce no air pollution, and is the most viable environmentally conscious alternative to the cabin class, internal combustion engine aircraft that are typically utilized for aerial video and photography, while burning approximately 8

- 1 0 gallons per hour of leaded aviation fuel. The
DJI Phan tom 3 Professional , 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 Profession al 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. Aside from the lack of flight crew members located onboard the aircraft, the DJI Phantom 3 Professional (weighing approximately 3 , at maximum gross weight , and with no fuel on board), has less physical potential for collateral damage to life and property o n the ground, and in the air, compared to the manned aircraft that typically conduct similar operat ions (weighing approximately 2,500 pounds ).

3. Performing Aerial Video and Photography Operations With The DJI Phantom 3
Professional Will Benefit The Econ omy. 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 will allow
United States base d small businesses , like Martin Summer , 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 f uels, U.S. owned and operated companies must adopt new and alternative technology in order to remain competitive. Operating the battery powered DJI Phantom 3

### Martin	Summer

– Application	for	FAA	Section	333	Exemption 16 Professional 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 , companies such as Martin Summer , can remain competitive and profitable, and there fore, 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 , provides a stable workforce that increases consumer spending; improves local, state, and federal tax revenues; and allows companies to invest in research and development in order to remain competitive both in the United States and abroad.

4. There Are No Privacy Issues. Similar to the manned aerial acquisition flight operations that have been conducted for decades, Martin Summer proposed operation of the DJI Phantom 3 Professional will not implicate any privacy issues. Specifically, the DJI Phantom 3 Professional will be operated only in compliance with operating documents (i.e., the Martin Summer Aerial Operations Manual, Monthly Mai ntenance 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.

### Martin	Summer

– Application	for	FAA	Section	333	Exemption 17 E. The Reasons Why Gr anting 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 Martin Summer Seeks Exemption.

1. Reasons Why The DJI Phantom 3 Professional Meet The Cond itions 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, Martin Summer operation of the DJI Phantom 3
Profe ssional 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 requi rements 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 requir ement 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 pl an 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 the determination under subsection (a), the Secretary shall determine, at a minimum

-- (1) which types of unmanned aircraft systems, if any, as a result of their size, weight, speed, operational capability, proximity to airports and populated areas, and operation within visual line of sight do not create a hazard to users of the national airspac e 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

unman ned aircraft systems identified under paragraph (1). (c) R equirements 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 estab lish requirements for the safe operation of such aircraft systems in the national airspace system.

### Martin	Summer

– Application	for	FAA	Section	333	Exemption 18 In seeking this exemption, Martin Summer submits that the DJI Phantom 3 Professional can operate safely in the NAS pursuant to FMRA Section 333, as demonstr ated by: (a) the
characteristics of the DJI Phantom 3 Professional ; (b) the pilot certification requirement; and (c) the specific operating limitations.

a. The Specifications Of The DJI Phantom 3 Demonstrate s Its Safe Characteristics.
The DJI Phantom 3 Professional 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 Profession al

. The technical specifications of the DJI Phantom 3 Professional is set forth by the DJI
Phantom 3 Professional Specifications and Data Sheet, attached hereto as Exhibit A.
ii. The DJI Phantom 3 Professional Autonomous Flight And Navigation Modes Enabl e The UAS To Remain Within A Defined Operational Area. The DJI Phantom 3 Professional may be operated in both manual and fully autonomous flight modes. A complete description of the flight and navigational modes of the DJI Phantom 3 Professional is provide d in the User
Manual s , attached hereto as Exhibit B

. iii. The DJI Phantom 3 Professional 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 DJI Phantom 3 Professional will remains stationary, in flight, for 3 seconds or more. If, after 3 seconds, the DJI Phantom 3 Professional 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 are set forth in the User Manual s , att ached hereto as Exhibit B

. iv. The DJI Phantom 3 Professional GCS And Its Operation. A complete description of the operation and specifications of the DJI Phantom 3 Professional and flight control software is provided in the User Manual s attached hereto as Exhibit B

.

b. Flight Oper ations Of DJ I Phantom 3 Professional is Limited To The Line Of Sight Of A Certificated Pilot in Command With A Safety Observer.
Martin Summer will only utilize certificated pilots who possess a current and valid airman medical certificate to act as a pilo t in command (PIC) of the DJI Phantom 3 Professional

.

### Martin	Summer

– Application	for	FAA	Section	333	Exemption 19 Additionally, a safety observer will assist all pilots during flight time. c. Flights Of DJI Phantom 3 Will Be Conducted Pursuant To Specific Operating
Limitations. In seeking this exemption, proposes to commercially operate DJI Phantom 3 Professional for the special purpose of conducting aerial video and photography over certain areas of United States, pursuant to the following specific operating limitations: 1. Ope rations 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

o perations of any other aircraft will require a new petition or a petition to amend this grant. 2. UAS operations under this exemption will be limited to conducting operations for the purpose of aerial video and photography for homeowners, Realtors, home b uilders, 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, cond ucting 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 2 00 feet above ground level (AGL), a s 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 ti mes. 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. The SO and PIC must be able to communicate verbally at all times. Electronic messagi ng 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 ope rating documents.

### Martin	Summer

– Application	for	FAA	Section	333	Exemption 20 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 operat ing 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 ou tlined 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 o r 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 exte nsion 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 Int egration 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. 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 cri tical 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 aircr aft/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,

### Martin	Summer

– Application	for	FAA	Section	333	Exemption 21 alterations, and status of replacement/overhaul component parts must be noted in the aircraft records, including total time in service, description of work accomplished, and the signature of the authorized person returning the UAS to service.
15. Each UA S 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 Suplemental 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
F AA 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 opera tor’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 ope rations 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 appropriat e distance from nonparticipan ts in accordance with 14 C.F.R.§ 91.119. 19. UAS operations may not be conducted during night, as defined in 14 C.F.R. § 1.1. All operations must be conducted under visual meteorological conditions (VMC). If flight at night is required, a special request will be made at the FAA office closest to proposed area of operations. Flights under special visual flight rules (SVFR) are not authorized. 20. The UA may not operate within 5 nautical miles of an airport reference point as d enoted
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 airp ort management must be made available to the Administrator upon request.

### Martin	Summer

– Application	for	FAA	Section	333	Exemption 22 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. 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 clas s 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) mark ings 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. 30. The UAS may not be operated by the PIC from a ny 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:

### Martin	Summer

– Application	for	FAA	Section	333	Exemption 23 a. Barriers or st ructures 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 gran ted 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 own er/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
boun daries of the operational area as defined by the applicable COA must be reported to the FAA's UAS Integration Office (AFS

- 80) within 24 hours. Accidents must be reported to the National Transportation Safety Board (NTSB) per instructions contained on the N TSB 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.
Martin Summer 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 unless that PIC has demonstrated, by meeting minimum flight

- hour and

currency requirements, that the PIC is able to s afely 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

structure s. Considering Martin Summer 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 , Martin Summer submits that the

### Martin	Summer

– Application	for	FAA	Section	333	Exemption 24 additional manned airmanship experience of a commercially certificated pilot would not correlate to the airmanship skills necessary for Martin Summ er 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, 1 1066, 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, Martin Summer wil l ensure that the DJI Phantom 3 Professional 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,
1108 0, 11109, 11110, 11112, 11136, 11138, 11150, 11153, 11156, 11157, 11158, 11159, 11160, 11161).

4. Reasons Why An Exemption From The Requirements Of Section 91.121 Would Not Adversely Affect Safety. The equivalent level of safety established by Section 91.121 will be maintained because the
altitude information of the DJI Phantom 3 Professional 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. As a further precaution, the DJI system will be pre

- programmed to never exceed an altitude of 2 00 feet. This altitude information, combined with Martin Summer ’s operation of the DJI Phantom 3 Professional within visual line of sight, at or below 2 00 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 ze ro altitude initiation point is automatically established by the UASs at ground level. The FAA has previously granted relief from Sec tion 91.121 specific to UAS, in circumstances similar, in all material respects, to those presented herein (e.g. Exem ption Nos.

### Martin	Summer

– Application	for	FAA	Section	333	Exemption 25 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 by 14 C.F.R. Section 91.151(b) as a result of (1) the technical specifications of the DJI
Phantom 3 Professional ; (2) the limitations on the proposed flight operations; and ( 3) the location of the proposed flight operations. Accordingly, Martin Summer will ensure that it will safely operate the battery powered DJI Phantom 3 Professional during daylight hours in VFR conditions, with enough battery power to fly for a total durat ion of 13.5 minutes to the first point of intended landing and, assuming normal cruising speed, to fly after that for at
least 4.5 minutes. Here, as in Exemption No. 11109, the technical specifications of the DJI Phantom 3
Professional ; the 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

pr ovide 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 ba ttery level,
the DJI Phantom , Inspire 1 UAS will descend and land automatically. Significantly, previous exemptions granted by the FAA concerning Section 91.151 establish that safety is not adversely affected when the technical characteristics and operating limitations of the UAS are
considered . Relief has been granted for manned aircraft to operate at less than the minimums prescribed in Section 91.151, including Exemption Nos. 2689, 5745, and 10650. Moreover, the FAA has previously granted relief from Section 91.151 specific to UAS, in circums tances 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).

### Martin	Summer

– Application	for	FAA	Section	333	Exemption 26 6. R easons 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, Martin Summer submits that the equivalent level of safety with

r egard 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
Martin Summer 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 Martin Summer Aerial Operations Manual, Monthly Maintenance Log, and DJI Phantom 3 Professional Instruction Manual). Furtherm ore, Martin
Summer will document and maintain all maintenance records for the DJI Phantom 3
Professional . Since the DJI Phantom 3 Professional will be inspected as prescribed by the operating documents; Martin Summer will maintain the equivalent level of s afety established by Sections 91.405(a), 91.409(a)(1), and 91.409(a)(2).

A copy of the DJI Phantom 3 Professional User Manual is attached hereto as Exhibit B

. Likewise, the exemption sought will not adversely affect safety because Martin Summer 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 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 cons idered.

In consideration of Martin Summer proposed operating limitations, the operating documents, and the technical aspects of the DJI Phantom 3 Professional , Martin Summer 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 al l material respects, to

### Martin	Summer

– Application	for	FAA	Section	333	Exemption 27 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, Martin Summer requests that the FAA prescribe special conditions for the intended operation of th e DJI Phantom 3 Professional , 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, 91.15 1(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 compens ation 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 w ithout 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 D JI
Phantom 3 Professional , 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 t he 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, aircr aft 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 Martin S ummer ’s intended operation of the DJI Phantom 3

### Martin	Summer

– Application	for	FAA	Section	333	Exemption 28 Professional , 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).

F. A Summary That Can Be Published In The Federal Register, stating: The Rules
From Which Martin Summer Seeks Exemption:

Martin Summer seek s exemption from the re quirements 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 Martin Summer Seeks: This exemption will permit Martin Summer 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 Martin
Summer 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 i f certain UAS may operate safely in the NAS. As such, Martin Summer 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 w hether 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, Martin Summ er will operate the DJI Phantom 3 Professional safely in the NAS, without creating a hazard to users of the NAS, or the public, or otherwise pose a threat to national security.

### Martin	Summer

– Application	for	FAA	Section	333	Exemption 29 CONCLUSION As set forth herein, Martin Summer 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 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 Martin Summer to safely, efficiently, and economically operate the DJI Phantom 3 Professional commercially within
the NAS.

WHEREFORE, in accordance with the Federal Aviation Regulations and the FAA Modernization and Reform Act of 2012, Sectio n 333, Martin Summer 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 Martin Summer to operate the DJI
Phantom 3 Professional commercially for the purpose of conducting aerial video and photography of Real Estate Properties (for homeowners, realtors, home builders, home contractors and / or home inspectors f or real estate marketing and inspection of home exteriors) as well as filming of special events, film sets, scripted and unscripted television sets and landscape as well as conducting power line inspection, aerial mapping, surveying
and search and rescue o ver certain areas of the United States.

Dated: Ju ly 1 4 , 2015 Respectfully submitted by,
Martin Summer
Martin Summer ( PALM BEACH PHOTOGRAPHICS )
537 Commons Drive Palm Beach Gardens, Florida, 33418
Tel: 561.832.2336
Email: marty@worth.net
Website: http://www.palmbeachaerials.com