# Ellis Creek LLC.

Petition for Exemption from certain
Federal Aviation Regulations for the

P urpose of U tilizing Unman ned Aircraft for Commercial Purposes

September 24, 2015This exemption will permit Ellis Creek LLC to operate an Unmanned Aircraft System (UAS) for the commercial purpose of conducting aerial video and p hotogra phy of residential and commercial real estate, civil landscapes and events o ver certain areas of the United States.

INTRODUCTION AND INTERESTS OF THE PETITIONER

Ellis Creek LLC provides their clients with expertise and knowledge in video and multimedia marketing, advertising, public relations and training using advanced technologies and solutions. Ellis Creek LLC has
worked o n many productions in all types of locations with a perfect
cl ient and employee safety record . The objective of Ellis Creek LLC and our Unmanned Aircraft System (DJI Phantom 3) aerial operations is to provide a more affordable, high

- quality production system for a variet y of governmental, commercial, public, and residential uses, specifically targeting

Real

- estate marketing

Economic development

Civic landmarks

Special event coverage

I have safely flown small RC electric quadcopters recreationally for approximately 2 years without incident.

BACKGROUND Unmanned Aircraft Systems: DJI Phantom 3, UAS

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

electric motors.

The DJI Phantom 3 that will be operated by Ellis Creek LLC 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 4 5, Identification and Registration Marking.

BASIS FOR PETITION

Petitioner, Ellis Creek LLC , 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, Spe cial Rules for Certain Unmanned Aircraft Systems, hereby petitions the Administrator to commercially operate the DJI Phantom 3, UAS in the National Airspace System (NAS), and for an exemption from the requirements of 14 C.F.R §§ 61.113(a) & (b), 91.7(a), 9 1.121, 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, Ellis Creek LLC operation of DJI Phantom 3 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, Ellis Creek LLC 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.

Ellis Creek LLC submits that the requested relief is proper since anequivalent level of safety will be ensured. Ellis Creek LLC will use experienced personnel or technicians to perform maintenance, alterations, or preventive maintenance on the UAS using the methods, techniques, and practices prescribed in the operating documents ( the DJI Phantom 3 Instruction Manual). Furthermore, Ellis Creek LLC will
document and maintain all maintenance records for the DJI Phantom 3
UAS.

Relief from certain requirements of Section 61.113(a) and (b), entitled

Pr ivate pilot privileges and limitations: Pilot in command, is requested by Ellis Creek LLC to the extent necessary to allow Ellis Creek LLC to safely operate the DJI Phantom UAS in a manner consistent with this exemption, including evasive and emergency maneuvers and maintaining appropriate dista nces from people, vessels, vehicles and

structures.

Ellis Creek LLC seeks relief from Section 91.7(a), entitled Civil aircraft airworthiness, because the DJI Phantom 3 UAS do not require an
airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H. As such, Ellis Creek LLC submits that they will ensure that the DJI Phantom 3 UAS is in an airworthy condition, prior to every flight, by determining that the UAS are in compliance with the operating documents (i.e., Monthly Maintenan ce Log, and DJI Phantom 3 Instruction Manual), and that the aircraft are in a condition for safe flight.

Ellis Creek LLC also seeks an exemption from the requirements of Section 91.121, entitled Altimeter Settings, as the DJI Phantom 3 UAS will not have a typical barometric altimeter onboard. However, altitude
information of the DJI Phantom 3 UAS will b e 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
Ellis Creek LLC ’ s operation of the DJI Phantom 3 UAS within visualline of sight, at or below 400 feet AGL, will ensure a level of safety equivalent to Section 91.121.

Additionally, Ellis Creek LLC seeks an exemption from the requirements of Section 91.151(b), en titled Fuel requirements for flight
in VFR conditions. Ellis Creek LLC submits that safety will not be affected by operation of the DJI Phantom 3 UAS during daylight hours in visual meteorological conditions (VMC) under visual flight rules (VFR), wit h enough battery power to fly for a total duration of approximately 23 minutes. Battery power indicators are also able to show exactly how much battery power is left, as well as how much time is needed to return safely back to point of take off.

In accord ance with 14 C.F.R. § 11.81, Ellis Cree k LLC provides the following information in support of its petition for exemption:

A. Name and Address Of The Petitioner.

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

Joshua Corrigan, Presiden t Ellis Creek LLC 857 H ale Street
Charleston SC 29412 (843)732

- 6111 josh@elliscreekphotography.com

B. The Specific Sections o f 14 C.F.R. From Which Ellis Creek LLC Seeks Exemption.

1. Ellis Creek LLC Seeks Exemption f rom 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 pe rson 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 m ay, for compensation or hire, act as PIC of an aircraft in connection with any business or employment if

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

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

2. Ellis Creek LLC 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
cond ition.

3. Ellis Creek LLC 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 altitu de or flight level of that aircraft, as the case may be, by reference to an altimeter that is set, when operating

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(1) Below 18,000 feet MSL, to

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(i) The current reported altimeter setting of a station along the route and
within 100 nautical miles of t he 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 ele vation of the departure airport or an appropriate altimeter setting available before departure.4. Ellis Creek LLC Seeks Exemption From The Requirements Of Section 91.151(b).

Section 91.151, entitled Fuel requirements for flight in VFR condition s, 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

norma l cruising speed, to fly after that for at least 20 minutes.

5. Ellis Creek LLC 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

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

6. Ellis Creek LLC 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 ret urn to service by a person authorized under § 43.7 of this chapter[.]

7. Ellis Creek LLC Seeks Exemption f rom 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

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(1) An annual inspection in accordance with part 43 of this chapter and has been approved for return t o 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. Ellis Creek LLC Seeks Exemption f rom 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 f or 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, roto r, and appliance of an aircraft.
The records must include

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(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 n umber 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 required to be overhauled on a specified time basis.

(iv) The current inspection status of the aircraft, inclu ding 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 maj or 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
retain ed and transferred with the aircraft at the time the aircraft is sold.

(3) A list of defects furnished to a registered owner or operator under § 43.11 of this chapter shall be retained until the defects are repaired and the aircraft is approved for return to service.C. The Extent Of Relief Ellis Creek LLC Seeks And The Reason Ellis
Creek LLC Seeks The Relief.

1. Extent Of Relief Ellis Creek LLC Seeks And The Reason Ellis Creek
LLC Seeks Relief From Section 61.113(a) And (b).

Rel ief from Section 61.113(a) and (b) entitled Private pilot privileges and limitations: Pilot in command, is requested to the extent necessary to allow a PIC holding a private pilot or higher level certificate, as well as a
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 limitations set forth in Section 61.113(a) and (b) state that a private p ilot 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, Ellis Creek LLC submits that an equivalent level of safety will be maintained because no PIC will be allowed to operate the DJI Phantom 3 UAS unless that PIC has met certain flight

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

structures.

Further, Ellis Creek LLC submits that all flights of the DJI Phantom 3 UAS, conducted by the PIC pursuant to the grant of this Petition: (1)
will be incidental to Ellis Creek LLC ’ s business; and (2) will not carry passengers or property for compensation or hire.

2. Extent Of Relief Ellis Creek LLC Seeks And The Reason Ellis Creek
LLC Seeks Relief From Section 91.7(a).Relief from Section 91.7(a) entitled Civil aircraft airwo rthiness, is requested to the extent required to allow Ellis Creek LLC to determine that the DJI Phantom 3 UAS are in airworthy condition prior to every flight by ensuring that the UAS is in compliance with the operating documents (i.e., Ellis Creek LLC Aerial Operations Manual, Monthly Maintenance Log, and DJI Phantom 3 Instruction Manual).

Ellis Creek LLC seeks the requested relief because the DJI Phantom 3 UAS do not require an airworthiness certificate in accordance with 14
C.F.R. Par t 21, Subpart H. Therefore, Ellis Creek LLC will ensure that the DJI Phantom 3 UAS are in airworthy condition based upon its compliance with the operating documents (i.e., Monthly Maintenance Log, and DJI Phantom 3) 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 Ellis Creek LLC Seeks And The Reason Ellis Creek
LLC Seeks Relief From Section 91.121.

Relief from Section 91.121, entitled Altimeter settings, may be required to allow flight operations of the DJI Phantom 3 UAS, which utilize a barometric 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), Ellis Creek LLC seeks the requested relief beca use the DJI Phantom 3 UA’s altimeter may be set on the ground to zero feet AGL, rather than the local barometric pressure or field altitude, before each flight.

Considering the limited altitude of the proposed operations, relief from 14 CFR 91.121 is soug ht to the extent necessary to comply with the applicable conditions and limitations stated below. As more fully set forth herein, an equivalent level of safety will be maintained since the DJI Phantom 3 UAS are equipped with a barometric pressure sensor an dGPS 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 Ellis Creek LLC Seeks And The Reason Ellis Creek
LLC 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 Phan tom 3 UAS during daylight hours in visual meteorological conditions (VMC), under visual flight rules (VFR), for a
total duration of 23 minutes. Ellis Creek LLC seeks the requested relief because without an exemption from Section 91.151(b), the flight time
duration of the

battery powered DJI Phantom 3 UAS will severely constrain the practicality of any aerial video or still photo flight operations that Ellis
Creek LLC proposes to conduct pursuant to this Petition.

Significantly, as set fort h below, the technical specifications of the DJI Phantom 3 UAS, the DJI Phantom 3 operating documents, and Ellis
Creek LLC ’s proposed operating limitations, ensure that Ellis Creek
LLC will safely operate the battery powered DJI Phantom 3 UAS d uring daylight hours in visual meteorological conditions (VMC), under visual flight rules (VFR), with enough battery power to fly for a total duration
of 23 minutes.

5. Extent Of Relief Ellis Creek LLC Seeks And The Reason Ellis Creek
LLC Seek s Relief From Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), And 91.417(a) & (b).

Since Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b) only apply to aircraft with an airworthiness certificate,
Ellis Creek LLC requests relief from these Sections because the DJI Phantom 3 UAS do not require airworthiness certificates. As set forth more fully below, the DJI Phantom 3 UAS meet the conditions ofFMRA Section 333 for operation without an airworthiness certificate.
Ac cordingly, Ellis Creek LLC 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 ( the DJI Phantom 3 Instruction Manual). Furthermore, Ellis
Creek LLC will document and maintain all maintenance records for the
DJI Phantom 3 UAS.

D. The Reasons Why Granting Ellis Creek LLC Re quest 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
Ellis Creek LLC to safely, efficiently, and economically perform aerial
video and photography of real estate, events and civic landscape over
certain areas of the United States.

Additionally, use of the DJI Phantom 3 UAS will decrease congestion of the NAS, reduce pollution, and provide significant benefits to the

e conomy. Notably, the benefits of Ellis Creek LLC ’ 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 UAS are battery powered and serve as a safe, efficient, and economical alternative to the manned aircraft traditionally utilized to obtain aerial imagery. By reducing the

amount of manned aircraft needed to perform aerial acquisition s, an exemption allowing the use of a DJI Phantom 3 UAS would reduce the amount of manned aircraft in the NAS, reduce noise and air pollution, as well as increase the safety of life and property in the air and on the ground.

Furthermore, by reducing the number of manned aircraft operating in the NAS, congestion around airports caused by arriving and departingaircraft will be reduced. The DJI Phantom 3 UAS do not require an airport to takeoff or land. Likewise, a reduction of manned aircraft conducting aerial video and photography missions would result in fewer aircraft 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 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 UAS produce no air pollution, and is the most viable environmentally conscious alternative to the cabin class, six cylinder int ernal combustion engine aircraft that are typically utilized for aerial video and photography, while burning approximately
20

- 30 gallons per hour of leaded aviation fuel. The DJI Phantom 3 UAS, while reducing the carbon footprint of aerial acquisitions, al so 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 UAS to perform aerial acquisitions, the substantial risk to life and property in the air and on the ground, which is usually associated with traditional manned aircraft flight operations, will be substantially reduced or completely eliminated. Aside from the lack of flight crew members located onboard the aircraft, the DJI Phantom 3 UAS (weighing approximately 2.8 pounds at their maximum gross weight with diagonal dimension of 23.2 inches, and 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 that 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 DJIPhantom 3 UAS Will Benefit The Economy.

In addition to being safe and efficient, the DJI Phantom 3 UAS are also an economical alternative to using manned aircraft to conduct similar aerial operations. As such, operation of the DJI Phantom 3 UAS will
allow United States based companies, like Ellis Creek LLC , 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 leade d aviation fuels, U.S. owned and operated companies must adopt new and alternative technology in order to remain competitive. Operating the battery powered DJI Phantom 3 UAS is one such technology that not only allows companies greater operational

fle xibility compared to manned aircraft, but provides such flexibility without the high operational cost of a traditional manned aircraft.

By operating the DJI Phantom 3 UAS, companies such as Ellis Creek
LLC , 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 UAS, provides a stable wor kforce 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.

Ellis Creek LLC ’ s proposed operation of the DJI Phantom 3 UAS will not implicate any privacy issues. Specifically, the DJI Phantom 3 UAS will be operated onl y in compliance with operating documents ( the DJI Phantom 3 Instruction Manual) which requires property owner
involvement and

, in a ccordance with the Federal Aviation Regulations, including the minimum altitude requirements of 14 C.F.R. § 91.119.

E. The Reasons Why Granting The Exemption Would Not AdverselyAffect Safety, Or How The Exemption Would Provide A Level Of Safety At Least Equal To That Provided By The Rule From Which The
Ellis Creek LLC Seeks Exemption.

1. Reasons Why The DJI Phantom 3 UAS Meet The Conditions Of The FAA Modernization and Reform Act of 2012 (FMRA) Section 333.

In consideration of the size, weight, speed, and limited operating area associated with the unmanned aircraft and its operation, Ellis Creek
LLC ’s operation of the DJI Phantom 3 UAS meet the conditions of FMRA Section 333, and will not require an airworthiness certificate in
accordance with 14 C.F.R. Part 21, Subpart H.

Section 333 provides authority for a UAS to operate without airworthiness certification and sets forth requirements for considering whether a UAS will create a hazard to users of the NAS or the public, or otherwise pose a threa t 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 Transporta tion shall determine if certain unmanned aircraft systems may operate safely in the national airspace system before completion of the plan and rulemaking required by section 332 of this Act or the guidance required by section 334 of this Act.

(b) Asse ssment of Unmanned Aircraft Systems.

-- In making the determination under subsection (a), the Secretary shall determine, at a
minimum

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(1) which types of unmanned aircraft systems, if any, as a result of their size, weight, speed, operational capability, p roximity 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 o f authorization, orairworthiness 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 determin es 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 ex emption, Ellis Creek LLC submits that the DJI Phantom 3 UAS can operate safely in the NAS pursuant to FMRA Section 333, as demonstrated by: (a) the characteristics of the DJI Phantom 3 UAS; (b) the pilot certification requirement; and (c) the specifi c operating limitations.

a. The Specifications Of The DJI Phantom 3 UAS Demonstrate Its Safe
Characteristics.

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

i. Technical Specifications Of The DJI Phantom 3 UAS.

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

ii. The DJI Phantom 3 UAS Global Positioning Modes Enable The UAS To Remain Within A Defined Operational Area.

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

iii. The DJI Phantom 3 UAS Are Designed For Automatic Return To
Home Point Or Hover In The Event Of Loss Of The Control Link OrNavigati on.

When the Control Link is lost, the DJI Phantom 3 UAS will remain stationary, in flight, for 3 seconds or more. If, after 3 seconds, the DJI Phantom 3 UAS does not reacquire control link data from the GCS, the
UAS will assume that the Control Link is l ost and the 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 UAS are set forth at pages 12 through 14 of the DJ I Phantom 3 User Manual, attached hereto as Appendix A.

iv. The DJI Phantom 3 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 23 through 29 of the DJI Phantom 3 User Manual. DJI Phantom 3 User Manual is attached hereto as Appendix A.

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

Ellis Creek LLC video produ ction staff will be the only persons to act as a pilot in command (PIC) of the DJI Phantom 3 UAS. Additionally, a safety observer will assist him at all times during flight time.

c. Flights Of DJI Phantom 3 UAS Will Be Conducted Pursuant To Specific Opera ting Limitations.

In seeking this exemption, Ellis Creek LLC proposes to commercially operate DJI Phantom 3 UAS for the special purpose of conducting aerial video and photography over certain areas of United States, pursuant to the following specifi c operating limitations.

1. Operations authorized by this grant of exemption will be limited to the following aircraft described in the operating documents, rotorcraft UAS weighing less than 55 pounds maximum gross weight: DJI Phantom 3Unmanned Aircraft Systems. Proposed operations 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.

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

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

5. The UAS 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 correcti ve 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 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 docume nts.

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 beaccessible 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 amen dment 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 Offi ce (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 tha t 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 in spection. 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 compone nt, 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 equipm ent, not already covered in the relevant sections of the operating documents.

13. The operator must follow the UAS manufacturer’saircraft/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 aircraf t records, including total time in service, description of work accomplished, and the signature of the authorized person returning the UAS to service.

15. Each UAS operated under this exemption must comply with all manufacturer 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 . UAS operations may not be conducted during night, as defined in 14 C.F.R. § 1.1. All oper ations 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
authori zed.

18 . 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 accor dance with a NOTAM as required by the operator’s COA. The letter of agreement with the airport management must be made available to the Administrator upon
request.

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

20 . If the UA loses communications or loses its GPS signal, it mustreturn to a pre

- determined location within the planned operating area
and land or be recovered in accordance with the operating documents.

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

22 . The PIC is prohibited from beginning a flight unless (considering
wind and forecast w eather 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.

23 . 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.

24 . The UA must remain clear and yield the right of way to all manned
avi ation operations and activities at all times.

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

26 . Flight operations must be conducted at least 500 feet from all nonparticipating persons (persons other than the PIC, SO, opera tor 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 non participating 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, ve hicles 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 presentan 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).

27 . 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.

28 . Any incident, accident, or flight operation that transgresses the
lateral or v ertical boundaries of the operational area as defined by the applicable COA must be reported to the FAA's UAS Integration Office (AFS

- 80) within 24 hours. Accidents must be reported to the National Transportation Safety Board (NTSB) per instructions contai ned 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.

Ellis Creek LLC submits that the equivalent level of safety established by Section 61.113(a) a nd (b) will be maintained because no PIC will be allowed to operate the DJI Phantom 3 UAS unless that PIC has demonstrated, by meeting minimum flight

- hour and currency requirements, that the PIC is able to safely operate the DJI Phantom 3
UAS in a manner c onsistent with the exemption, including evasive and emergency maneuvers and maintaining appropriate distances from people, vessels, vehicles and structures.

Considering Ellis Creek LLC ’ s proposed area of operations

, manned airmanship experience of a commercially certificated pilot would not correlate to the airmanship skills necessary for Ellis Creek LLC ’ s specific proposed flight operations.

The FAA has previously granted relief from Section 61.113(a) and (b) specific to UAS, in circumstances similar, in all material respects, to those presented herein (e.g. Exemption Nos. 11062, 11063, 11064,11065, 11066, 11067, 11080, 11109, 11110, 11112, 1 1136, 11138, 11150, 11153, 11156, 11158, 11159, 11160, 11161).

Ellis Creek LLC will not allow any PIC to operate the DJI Phantom 3 UAS unless that PIC has demonstrated, by meeting minimum flight

- hour requirements or the DJI Phantom 3 UAS training an d currency requirements, that the PIC is able to safely operate the DJI Phantom 3 UAS in a manner consistent with this exemption, including evasive and emergency maneuvers and maintaining appropriate distances from people, vessels, vehicles and structures.

Specifically, the PIC must have accumulated and logged, in a manner consistent with 14 C.F.R. § 61.51(b), 25 hours of total time as a UAS rotorcraft pilot (with a minimum of 5 hours of those

hours as a UAS pilot operating the same make and model of UAS to be used for operations under the exemption). In addition to the hour requirements, the PIC must accomplish 3 takeoffs and landings in the preceding 90 days (for currency purposes).

3. Reasons Why A n 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, Ellis Creek LLC will ensure
that the DJI Phan tom 3 UAS is in an airworthy condition based upon the UAS’s compliance with its operating documents and as stated in the
conditions and limitations herein.

Additionally, the FAA has previously granted relief from Section 91.7(a) specific to UAS, in circum stances 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 Exempt ion 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 UAS will be provided to the PIC via GPS eq uipment 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 Ellis Creek LLC ’s operation of the
DJI Phantom 3 UAS within visual line of sight, at or below 500 feet AGL, will ensure a level of safety equivalent to Section 91.121. The altitude information will be generated by GPS equipment installed onboard the aircraft. Prior to each flight, a zero altitude initiation point is automatically established by the UAS at ground level.

The FAA has previously granted relief from Section 91.121 specific to UAS, in circumstances similar, in all material respects, to those presented herein (e.g. Exemption Nos. 11062, 11063, 11064, 110 65, 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 UAS; (2) the limitations on the proposed flight operations; and (3) the location of the proposed flight operation s. Accordingly, Ellis Creek LLC will ensure that it will safely operate the battery powered DJI Phantom 3 UAS during daylight hours in VFR conditions, with enough battery power to fly for a total
duration of 23 minutes.

Here, as in Exemption No. 111 09, the technical specifications of the DJI Phantom 3 UAS; the limitations on the proposed flight operations; and the location of the proposed operations, will ensure an equivalent level of safety established by 14 C.F.R. Section 91.151(b). Furthermore,

sa fety will be ensured as the DJI Phantom 3 UAS provide audible and visual warnings to the PIC at the GCS when the UAS experiences lowbattery voltage, the first warning occurring at approximately 33% remaining battery power, and again at approximately 10% r emaining 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 wh en 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, t he 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, Ellis Creek LLC 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 The Ellis
Creek LLC will use trained technicians to perform maintenance, alterations, or preventive maintenance on the UAS using the methods, techniques, and practices prescribed in th e operating documents ( the DJI Phantom 3 Instruction Manual). Furthermore, Ellis Creek LLC will
document and maintain all maintenance records for the DJI Phantom 3
UAS.

Since the DJI Phantom 3 UAS will be inspected as prescribed by the operating documents, Ellis Creek LLC will maintain the equivalent levelof safety established by Sections 91.405(a), 91.409(a)(1), and 91.409(a)(2). A copy o f the DJI Phantom 3 User Manual is atta ched hereto as Appendix A.

Likewise, the exemption sought will not adversely affect safety because
Ellis Creek LLC 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 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 Ellis Creek LLC ’s proposed operating limitations, the operating documents, and the technical aspects of the DJI Phantom 3 UAS, Ellis Creek LLC submits that safety will not be adversely affected by granting exemption from 14 C.F.R. Sections 91.405(a), 91.407(a)(1) and (a)(2), 91.409(a)(2), and 91.417(a) and (b). The FAA has previously granted relief specific to UAS in circumstances similar, in all material respects, to those presented herein (e.g. Exemption Nos. 11062, 11063, 11064, 11065, 11066, 11067, 11080, 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 R eform Act of 2012 (FMRA) and 14 C.F.R. § 21.16 entitled Special Conditions,
Ellis Creek LLC requests that the FAA prescribe special conditions for the intended operation of the DJI Phantom 3 UAS, which contain such safety standards that the Administr ator finds necessary to establish alevel 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 spec ial 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 e stablished for the safe operation of the UAS
in the NAS.

Likewise, the Administrator may prescribe special conditions pursuant to 14 C.F.R. § 21.16, for operation of the DJI Phantom 3 UAS, since the airworthiness regulations of 14 C.F.R. Part 21 do not co ntain 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 co ntain 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 produc t. 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 Leading Edge’s intended operation of the DJI Phantom 3 UAS, which contain such safety standards that t he Administrator finds necessary to establish alevel 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 91.4 17(a) & (b).

• A Summary That Can Be Published In The Federal Register, stating:
The Rules From Which Ellis Creek LLC Seeks Exemption:

Ellis Creek LLC 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 Ellis Creek LLC
Seeks:

This exemption will permit Ellis Creek LLC to commercially operate an
Unmanned Aircraft System (UAS) for the purpose of conducting aerial video and photography over certain areas of the United States.

• Any Additional Information, Views, Or Arguments Available To Support Ellis Creek LLC ’s Request.

This Petition is made pursuant to the FAA Modernization and Reform
Act of 2012

(FMRA) Section 333, which directs the Secretary of Transportation to determine if certain UAS may operate safely in the NAS. As such, Ellis
Creek LLC ’s request for exemption may be granted pursuant to the

au thority 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, Ellis Creek LLC will operate the DJIPhantom 3 UAS safely in the NAS, without creating a hazard to users of the NAS, or the pu blic, or otherwise pose a threat to national security.

CONCLUSION

As set forth herein, Ellis Creek LLC seeks an exemption pursuant to 14 C.F.R. § 11.61 and Section 333 of the FAA Modernization and Reform Act of 2012 (FMRA), which will permit safe operation of the DJI Phantom 3 UAS commercially, without an airworthi ness 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 Ellis Creek LLC to safely, efficiently, and economically operate the DJI Phantom 3 UAS commercially within the NAS.

WHEREFORE, in accordance with the Federal Aviation R egulations and the FAA Modernization and Reform Act of 2012, Section 333, Ellis
Creek LLC 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, 9 1.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b), and permit Ellis Creek LLC to operate the DJI Phantom 3 UAS commercially for the purpose of conducting aerial video and photography over certain areas of the United
States.

Dated: September 24 , 2015 Respectfully submitted,

Joshua Corrigan, President

, Ellis Creek LLC 857 Hale Street Charleston

SC 29412 (843)732

- 6111 josh@elliscreekphotography.com

Appendix : A

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

http://download.dji

innovations.com/downloads/phantom_3/en/Phantom_3_Professional_User_Manual_v1.2_en.pdf