October 8, 2015

U.S. Department of Transportation Docket Management System 1200 New Jersey Ave. SE Washington, DC 20590

Petition of Marc D. Fairstein for Exemption Pursuant to Section 333 of the FAA
Modernization and reform Act of 2012

To Whom It may Conc ern:

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 and 14 CFR Part 11, Marc D. Fairstein hereby applies for an exemption from Federal Aviation Regulations, to allow commercial operations of small unmanned aerial system.

The exempt ion from part 21 Subpart H and 61.113(a) and (b); 61.23(a), 91.109, 91.119 91.121, 91.151(a), 91.405(a), 91.407(a)(1) and (2), and 91.417(a) and (b) of Title 14, Code of Federal Regulations (14 CFR).

This exemption would be granted to operate a DJI Phantom 3 Professional an unmanned aircraft system (USA) to conduct aerial photography and videography for real estate marketing, agricultural and engineering surveying and inspections as well as commercials. This exemption would allow me to provide a service to

my clients, which currently is not widely available.

The aircraft will not carry persons or property, will not carry fuel, and will only fly under strict operational requirements. Combined with the fact that the aircraft weighs 6.5 pounds and is construc ted primarily out of plastic Tubing, I propose that the DJI Phantom 3 Professional will be at least as safe, if not safer, than a conventionally certificated aircraft performing the same missions.

Granting Marc Fairstein's request for exemption would benef it the public and have no adverse effect on safety. Accordingly, Marc Fairstein's operations pursuant to this Petition also qualify for an exemption from the FAA’s related safety regulations under Section 44701.

1. Public Interest Benefits

The public wou ld greatly benefit from granting Marc Fairst ein petition for exemption so he can use the Phantom 3 Professional UAS. The Phantom 3 is a battery powered UAS that serves as a safe, efficient, and economical alternative to manned aircraft traditionally used f or aerial photography , videography, & digital inspection imaging . No pilot or crew need be airborne, thereby providing for superior safety to persons and property in the air and on the ground than thatprovided by manned aircraft performing the same operat ions. Granting the exemption would also reduce the number of manned aircraft in the NAS and, as a result, reduce the environmental impact of such operations, as well as provide for better aerial imaging and production and, as a result, a more robus t econom y. Using the Phantom 3 also provides the benefit of greater operational flexibility and reduced cost when compared to manned aircraft.

(a) Increased Aircrew Safety and Reduced Risk to Persons/Property On Ground

Because the Phantom 3 is unmanned, the prop osed operations eliminate the risk to pilot and crew associated with flying such aerial

- surveying missions at low altitude, in confined airspace. Further, given its small size and weight and low airspeed, using the Phantom 3 also reduces the risk of damage or injury to persons or property on the ground, and in the air, were there to be a mishap.

(b) Reduced Environmental Impact

Using the Phantom 3 UAS instead of manned aircraft also benefits the public by eliminating or greatly reducing air and noise poll ution associated with traditional aerial surveying operations. Because it is battery powered (using rechargeable batteries) and uses electric motors, the Phantom 3 UAS consumes no fuel and generates no air pollution, and creates very little noise. As a res ult, the public is benefited as a result of reduced environmental impact, reduced operator and other human exposure, and greater fuel conservation, which serves additionally to support our government’s when compared to manned aircraft. Instead of each
time having to hire a manned aircraft at thousands of dollars/hour, subject to the pilot’s schedule and availability, Marc Fairstein can operate the Phantom 3, which I have purchased and outfitted at lower combined cost, innumerable times
and at the convenienc e of Marc Fairstein and its customers schedules.

2. No Adverse Safety Effects

Granting Marc Fairstein’s Petition will also not adversely affect aviation safety or pose any undue risks to the public. The operations pursuant to this Petition will
be in acc ordance with the DJI Safety Materials and in compliance with all applicable public safety requirements. Accordingly, and as detailed herein, granting the requested exemption would not adversely affect safety. Indeed, as detailed below, operations pursuant to the limitations and guidelines addressed herein and in the DJI Safety Materials will provide an equivalent or even higher level to those regulations from which Marc Fairstein seeks exemption.

14 CFR 91.119 Minimum safe altitudes: General.

The regulati on provides that over sparsely populated areas the aircraft cannot be operated closer than 500 feet to any person, vessel, vehicle, or structure. Sincethe aircraft will be operating at a maximum of 400 feet AGL, we can comply with this requirement.

To pr ovide an equivalent level of safety we will only fly over property where we have received the permission of the land owner. The land owner will be briefed of the expected route of flight and the associated risks to persons and property on the ground. We ma intain that due to the small size of the DJI Phantom 3 Professional, the hazard to persons, vessels, vehicles, and structures is not comparable to manned aircraft and should be considered in granting the exemption.

14 CFR 91.121 Altimeter settings.

The r egulation provides that aircraft shall maintain cruising altitudes by reference to an altimeter setting available within 100 nautical miles of the aircraft. The aircraft will fly below 400 feet AGL and will not need to maintain hemispherical cruising altit udes in order to de

- conflict with other aircraft, as we will only fly "line of site". As such, an appropriate altimeter measurement presented to the pilot should be Above Ground Level and should be based on the barometric pressure at the point of launch. T o provide an equivalent level of safety, the UAS's AGL altimeter will be set to zero on the ground prior to every flight. Since the aircraft will fly no more than 18 minutes, even rapid changes in barometric pressure will have limited effect on the safety of the flight.

14 CFR Sub

- part E (91.401

- 91.417)

- Maintenance, Preventive Maintenance,
and Alterations

The regulation provides that the operator is primarily responsible for maintaining the aircraft in an airworthy condition, including compliance with part 39 and 43. Paragraphs 91.407 and 91.409 require that the aircraft be "approved for return to service by a person authorized under 43.7" after maintenance and inspection. It is our intention that the PIC perform maintenance and inspection of the aircr aft and "be authorized to approve the aircraft for return to service."

As provided in the attached Maintenance Procedures (appendix D), the PIC will ensure that the aircraft is in an airworthy condition prior to flight and conduct detailed inspections aft er every 5 hours. Maintenance performed by the PIC is limited to repairing small cracks, replacing a propeller, and updating software and firmware. All other maintenance will be performed by the manufacturer. The PIC will document work performed in accorda nce with 91.417. We feel that due to the size, construction, and simplicity of the aircraft, the PIC can ensure an equivalent level of safety.

All pre flight safety and maintenance procedures will be conducted on a regular
basis as outlined Phantom 3 Prof essional Training Guide, Phantom 3 Professional Manual, DJI Phantom 3 Professional Guide. (Link below)https://www.dropbox.com/s/ucbbcoq5a8u0x2b/Phantom_3_Professional_User_M anual_v1.4_en.pdf?dl=0

I have also provided the specs for the Phantom 3 Professional below for your
review:

Model: DJI Phantom 3 Professional
Model #: W323
IC:11805A

- WM3231503
FCC ID: SS3

- WM3231503

Operating Frequency: 2.400 GHz

- 2.483 GHz

Max Distance: 2000m (outdoors and unobstructed)

Max Ascent Speed: 5 m/s

Max Descent Speed: 3 m/s

Max Speed: 16 m/s (ATTI mode, no wind)

Hover Accuracy: Vertical: +/ - 0.1 m (when Vision Positioning is active) or +/ - 0.5 m
Horizontal: +/ - 1.5 m

GPS Mode: GPS/GLONASS

Camera: Sensor Sony EXMOR 1/2.3 Effective pixels: 12.4 M (total pixels: 12.76 M)

I hope all my information will help to expedite my exemption.

As processe s are furthe r refined, Ma rc Fairstein’ s operations will only add to an already highe r level of safety compared to manned flight operation s which will serve the best publi c interest in the FAA' s endeavo r to integrate U AS into the
NAS.

Very truly yours,

Marc Fairstein, Owner 47 Old Forge rd

M illington, NJ 07946

M obile: 646 -24 7 -26 34