UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

FEDERAL AVIATION ADMINISTRATION

WASHINGTON, DC

IN THE MATTER OF THE PETITION FOR EXEMPTION OF:

RED STAR ENGINEERING, INC.

FOR AN EXEMPTION SEEKING RELIEF FROM THE REQUIREMENTS OF

TITLE 14 OF THE CODE OF FEDERAL REGULATIONS

SECTIONS 61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a) , 91.407(a)(1), 91.409(a)(1) & (a)(2), AND 91.417(a) & (b) CONCERNING COMMERCIA L OPERATION

OF DJI Phantom 3 UNMANNED AIRCRAFT SYSTEMS PURSUANT

TO SECTION 333 OF

THE FAA MODERNIZATION AND REFORM ACT OF 2012

(PUBLIC LAW 112-95)

Submitted on February 1, 2016 Red Star Engineering, Inc.

Attn. Richard C. Roberts

6354 Coen Tush Road Greenville, IN 47124 sjwdrummer@gmail.com2 TABLE OF CONTENTS

PAGE


### GLOSSARY OF ABBREVIATIONS..............

............... ..................... ...................3

SUMMARY...............................................................................................4

INTRODUCTION AND INTERESTS OF THE PETITIONER................................4

BACKGROUND.........................................................................................4

BASIS FOR THE PETITION.........................................................................5

NAME AND ADDRESS OF THE PETIT IONER...............

.............. ............... ..............6

The Specific Sections Of 14 C.F.R. From Which RED STAR ENGINEER ING, INC. Seeks Exemption.............

.............. ............. .............. ............. .................. .................. ............7

The Extent Of Relief RED STAR ENGINEERING, INC. Seeks And The R eason RED STAR ENGINEERING, INC. Seeks The Relief...........

............. ................... ................10

The Reasons Why Granting RED STAR ENGINEERING, INC. Request Wou ld Be In The Public Interest; That Is, How It Would Benefit The Public As A Whole........... .............12

The Reasons Why Granting The Exemption Would Not Adversely Affe ct Safety, Or How The Exemption Would Provide A Level Of Safety At Least Equal To That Provided By

The Rule From Which RED STAR E NGINEERING, INC. Seeks Exemption. ...............14

A Summary That Can Be Published In The Federal Register, statin g: The Rules From Which RED STAR ENGINEERING, I NC Seeks Exemption:...................................23

A Brief Description Of The Nature Of The Exemption RED STAR ENG INEERING, INC.

Seeks ........................................................................................................23

APPENDIX - A.............................................................................................253 

## 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         Gro und Control Station

GPS         Global Positioning System

LOL         Loss of Link

NAS         National Airspace System

NOTAM       Notice to Airman

PIC         Pilot In Command

Section 333       FAA Modernization and Reform Act of 2012 (FMRA) Section

SO         Safety Observer

SOP         Standard Operating Procedures

UA         Unmanned Aircraft

UAS         Unmanned Aircraft System

VFR         Visual Flight Rules

VLOS         Visual Line of Site

VMC         Visual Meteorological Conditions

VTOL         Vertical Takeoff and Landing4 

## SUMMARY

RED STAR ENGINEERING, INC seeks exemption from the requirements of 14 C.F.R §§ 61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.4 07(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b), to operate an Unmanned Aircraft System pur suant to Section 333 of the FAA Modernization and Reform Act of 2012 (FMRA). This exemption will permit RED STAR ENGINEERING, INC. to operate an Unmanned Aircraft System (UAS) for the commercial purpose of conducting aerial video and photography of real esta te, and landscape over certain

areas of the United States.



## INTRODUCTION AND INTERESTS OF THE PETITIONER

RED STAR ENGINEERING, INC. provi des his clients with photograph y and video services of properties and buildings for the purpose of advertising and pro motion. The objective of RED STAR ENGINEERING, INC. and his aerial operations is to provide high quality imaging for a variety of commercial, public, and residential uses, specifical ly targeting:

• Residential Construction • Real-estate Marketing • Agricultural Surveys



## BACKGROUND

Unmanned Aircraft Systems: DJI Phantom 3 UASs

RED STAR ENGINEERING, INC. seeks an exemption to operate DJI sy stems for compensation or

hire within the NAS. The DJI Phant om 3 is a vertical takeoff an d landing (VTOL) Unmanned Aircraft (UA) with a Ground Control Stat ion (GCS) utilizing electronic t ablet or smart phone systems. The DJI Phantom 3 has a maximum gross weight of 6 pounds 7.5 ounces , a length of 17.3 inches, width of 17.7 inches, height of 11.8 inches, and a maximum spee d of approximately 42 knots. The DJI Phantom 3UAs are equipped with four main rotors; driven by Lithium Polymer battery powered electric motors.5 

## BASIS FOR PETITION

Petitioner, RED STAR ENGINEERING, INC., pursuant to the provisi ons of the Federal Aviation Regulations (14 C.F.R. § 11.61) and the FAA Mo dernization and Reform Act of 2012 (FMRA), Section 333, Special Rules for Certain Unmanned Aircraft Systems

, hereby petitions the Administrator to commercially operate the DJI Phantom 3 UASs in the National Airspace System (NAS), and for an exemption from the r equirements of 14 C.F.R §§ 61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407( a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b).

In consideration of the speed, weight, size, and limited operat ing area associated with the unmanned aircraft and its operation, operation of DJI Phantom 3 UASs meets the conditions of FMRA Section 333 and therefore, will not require an airworthine ss certificate in accordance with 14 C.F.R. Part 21, Subpart H.

Accordingly, RED STAR ENGINEER ING, INC. requests relief from Se ctions 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b), as th ese sections set forth requirements for maintenance that only apply to aircraft with a n airworthiness certificate.

RED STAR ENGINEERING, INC. submits that the requested relief is proper since an equivalent level of safety will be ensured. R ED STAR ENGINEERING, INC. wil l use experienced personnel or technicians to perform maintenance, alterations, or preventi ve maintenance on the UASs using the methods, techniques, and practices prescribed in the operating documents (i.e., Monthly Maintenance Log, and DJI Phantom 3 Instruction Manual). Furthermore, RED STAR ENGINEERING, INC. will document and maintain all maintenance re cords for the DJI Phantom

3 UASs.

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

and limitations: Pilot in command , is requested by RED STAR ENGINEERING, INC. to the extent necessary to allow a Pilot in Command (PIC) holding a pr ivate pilot or higher level certificate, as well as an airman medical certificate, and who has demonstrated, by meeting minimum flight- hour and currency requirements, that the PIC is able to safely operate the DJI Phantom 3 UASs in a manner consistent with this exemption, incl uding evasive and emergency maneuvers and maintaining appropriate distances from people, ve ssels, vehicles and

structures.

RED STAR ENGINEERING, INC. seeks relief from Section 91.7(a), e ntitled

Civil aircraft airworthiness , because the DJI Phantom 3 UASs do not require an airworthines s certificate in accordance with 14 C.F.R. Part 21, Subpart H. As such, RED STAR ENGINEERING, INC. submits tha t they will ensure that the DJI Ph antom 3UASs are in an airworthy condition, prior to every flight, by determining that the UASs are in compliance with the operating documents (i.e., Monthly Maintenance Log, and DJI Pha ntom 3 Instruction Manual), and that the aircraft are in a condition for safe flight. They will utilize the preflight instructions provided by DJI to ensure airworthiness checks prior to each fl ight.

RED STAR ENGINEERING, INC. also seeks an exemption from the req uirements 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 Pha ntom 3 UAs will be provided to the PIC via Global Positioning System (GPS) equipment and radio communications telemetry6 data link, which downlinks from the UA to the GCS for active mo nitoring of the flight path. This altitude information, combined with RED STAR ENGINEERING, INC.’ s operation of the DJI Phantom 3 UASs within visual line of sight, at or below 400 fee t AGL, will ensure a level of safety equivalent to Section 91.121.

Additionally, RED STAR ENGINEERIN G, INC. seeks an exemption fro m the requirements of Section 91.151(b), entitled Fuel requirements for flight in VFR conditions . RED STAR ENGINEERING, INC. submits that s afety will not be affected by o peration of the DJI Phantom 3 UAs during daylight hours in visual meteorological conditions ( VMC) under visual flight rules (VFR), with enough battery power to fly for a total duration of approximately 14.5 minutes to the first point of intended landing and, assuming normal cruising s peed, to fly after that for at least

4.5 minutes.

In accordance with 14 C.F.R. § 11.81, RED STAR ENGINEERING, INC . 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:

RED STAR ENGINEERING, INC.

ATTN: Richard C. Roberts

6354 Coen Tush Road Greenville, IN 47124

sjwdrummer@gmail.com7 

## B. The Specific Sections Of 14 C.F.R. From Which RED STAR ENGINEERING, INC. Seeks Exemption.

1. RED STAR ENGINEERING, INC. Seeks Exemption From The Requirements of Section 61.113(a) And (b).

Section 61.113, entitled Private pilot privileges and limitatio ns: 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 compens ation 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 o f an aircraft in connection with any business or employment if—

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

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

2. RED STAR ENGINEERING, INC. 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 a irworthy condition.

3. RED STAR ENGINEERING, INC. Seeks Exemption From The Requirements of Section 91.121.

Section 91.121, entitled Altimeter settings, subsection (a), st ates the following, in part:

(a) Each person operating an aircraft shall maintain the cruisi ng 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 t he route and within 100 nautical miles of the aircraft; (ii) If there is no station within the area prescribed in parag raph (a)(1)(i) of this section, the current reported altimeter setting of an appr opriate 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 avail able before departure.8 4. RED STAR ENGINEERING, INC. Seeks Exemption From The Requirements of Section 91.151(b).

Section 91.151, entitled Fuel requirements for flight in VFR conditions , subsection (b), states the following:

(b) No person may begin a flight in a rotorcraft under VFR conditions unless (considering wind and 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. RED STAR ENGINEERING, INC. Seeks Exemption From The Requirem ent of Section 91.405(a).

Section 91.405, entitled Maintenance required , subsection (a), states the following: Each owner or operator of an aircraft—

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

6. RED STAR ENGINEERING, INC. Seeks Exemption From The Requirem ents 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 maint enance, preventive maintenance, rebuilding, or alteration unless--

(1) It has been approved for return to service by a person auth orized under § 43.7 of this chapter [.]

7. RED STAR ENGINEERING, INC. Seeks Exemption From The Requirem ents 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 per son may operate an aircraft unless, within the preceding 12 calendar months, it ha s had --

(1) An annual inspection in accordance with part 43 of this cha pter and has been approved for return to service by a person authorized by § 43.7 of this chapter; or (2) An inspection for the issuance of an airworthiness certific ate in accordance with part 21 of this chapter.9 8. RED STAR ENGINEERING, INC. Seeks Exemption From The Requirements of Sections 91.417(a) and 91.417(b).

Section 91.417, entitled Maintenance records , subsections (a) and (b), state the following:

(a) Except for work performed in accordance with §§ 91.411 and 91.413, each registered owner or operator shall keep the follow ing records for the periods specified in paragraph (b) of this section:

(1) Records of the maintenance, preventive maintenance, and alt eration and records of the 100-hour, annual, progressive, and other req uired or approved inspections, as appropriate, for each aircraft (includ ing the airframe) and each engine, propeller, rotor, and appliance of a n aircraft.

The records must include--

(i) A description (or reference to data acceptable to the Administrator) of the work performed; and (ii) The date of completion of the work performed; and (iii) The signature, and certificate number of the person appro ving

the aircraft for return to service.

(2) Records containing the following information:

(i) The total time in service of the airframe, each engine, eac h 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 th e aircraft which are required to be overhauled on a specified tim e basis. (iv) The current inspection status of the aircraft, including t he time since the last inspection required by the inspection program un der 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 ti me and date when the next action is required. (vi) Copies of the forms prescribed by § 43.9(d) of this chapte r for each major alteration to the airframe and currently installed engines, rotors, propellers, and appliances.

(b) The owner or operator shall retain the following records fo r the periods prescribed: (1) The records specified in paragraph (a)(1) of this section s hall be retained until the work is repeated or superseded by other w ork or for 1 year after the work is performed. (2) The records specified in paragraph (a)(2) of this section s hall

be retained and transferred with the aircraft at the time the a ircraft

is sold.10 (3) A list of defects furnished to a registered owner or operat or under § 43.11 of this chapter shall be retained until the defec ts are repaired and the aircraft is approved for return to service.



## C. The Extent Of Relief RE D STAR ENGINEERING, INC.

Seeks And The Reason RED STAR ENGINEERING, INC.

Seeks The Relief.

1. Extent Of Relief RED STAR ENGINEERING, INC. Seeks And The Reason RED STAR ENGINEERING, INC. Seeks Relief From Section 61.113(a) And (b).

Relief from Section 61.113(a) and (b) entitled Private pilot privileges and limitations: Pilot

in command , is requested to the extent necessary to allow a PIC holding a private pilot or higher level certificate, as well as a current and valid air man medical certificate, and who has met certain flight-hour and currency requirements, to c onduct 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 pil ot may, for compensation or hire,

act as PIC of an airc raft in connection with any business or em ployment 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, RED STAR ENGINEERING, INC. submi ts that an equivalent level of safety will be maintained because no PIC wi ll be allowed to operate the DJI Phantom 3 UAS unless that PIC has met certain flight-ho ur and currency requirements, demonstrating that the PIC is able to safely oper ate the DJI Phantom 3 UAS in a manner consistent with the operations specifications a s described in this exemption, including evasive and emergency maneuvers, as well a s maintaining appropriate distances from people, vessels, vehicles and struct ures. Further, RED STAR ENGINEERING, INC. submits that all flights of the DJI Phantom 3 UASs, conducted by the PIC pursuant to the grant of this Petiti on: (1) will be incidental to RED STAR ENGINEERING, INC.’s business; and (2) will not carry p assengers or property for compensation or hire.

2. Extent Of Relief RED STAR ENGINEERING, INC. Seeks And The Reason RED STAR ENGINEERING, INC. Seeks Relief From Section 91.7(a).

Relief from Section 91.7(a) entitled Civil aircraft airworthiness , is requested to the extent required to allow RED STAR ENGINEERING, INC. to determine that the DJI Phantom 3 UASs are in airworthy condition prior to every flight by ensuri ng that the UAS is in compliance with the operating documents (i.e., the RED STAR ENG INEERING, INC. Aerial Operations Manual, Monthly Maintenance Log, and DJI Phan tom 3 Instruction Manual).

RED STAR ENGINEERING, INC. seeks the requested relief because t he DJI Phantom 3 UASs do not require an airworthiness certificate in accordance with 14 C.F.R. Part 21,11 Subpart H. Therefore, RED STAR EN GINEERING, INC. will ensure th at the DJI Phantom 3 UASs are in airworthy condition based upon its compli ance with the operating documents (i.e., Monthly Maintenance Log, and DJI Pha ntom 3 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 RED STAR ENGINEERING, INC. Seeks And The Reason RED STAR ENGINEERING, INC. Seeks Relief From

Section 91.121.

Relief from Section 91.121, entitl ed Altimeter settings, may be required to allow flight operations of the DJI P hantom 3 UASs, which utilize a barometri c pressure sensor, GPS equipment, and a radio communicati ons telemetry data link to do wnlink altitude information

from the UA to the PI C at the ground contro l station (GCS). Sin ce the FAA requires that any

altitude information conc erning UAS operations be reported to air traffic control (ATC) in feet above ground level (AGL), RED STAR ENGINEERING, INC. seeks the requested relief because the DJI Phantom 3 UA’s altimeter may be set on t he ground to zero feet AGL, rather than the local barometric pressure or field altitud e, before each flight.

Considering the limited altitude of the proposed operations, re lief from 14 CFR 91.121 is sought to the extent necessary to comply with the applicable co nditions and limitations stated below. As more fully set forth herein, an equivalent lev el of safety will be maintained since the DJI Phantom 3 UAs are equipped with a baro metric pressure sensor and GPS equipment, which automatically ensures that a gr ound 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 RED STAR ENGINEERING, INC. Seeks And The Reason RED STAR ENGINEERING, INC. Seeks Relief From Section 91.151(b).

Relief from Section 91.151(b) entitled Fuel requirements for fl ight in VFR conditions, is requested to the extent required to allow flights of the batter y powered DJI Phantom 3 UAs during daylight hours in visual meteorological conditions ( VMC), under visual flight rules (VFR), for a total duration of 14.5 minutes to the first point of intended landing and, assuming normal cruising speed, to fly after that for at least 4.5 minutes. RED STAR ENGINEERING, INC. seeks the requested relief because without an exemption from Section 91.151(b), the flight time duration of the battery powe red DJI Phantom 3 UAs will severely constrain the practicality of any aerial video or stil l photo flight operations that RED STAR ENGINEERING, INC. proposes to conduct pursuant to this Petition. Significantly, as set forth below, the technical specifications of the DJI Phantom 3 UASs, the DJI Phantom 3 operating documents, and RED STAR ENGINEERING , INC.’s proposed operating limitations, ensure that RED STAR ENGINEERIN G, INC. will safely operate the battery powered DJI Phantom 3 UAs during daylight h ours in visual meteorological conditions (VMC), under visual flight rules (VFR ), with enough battery power to fly for a total duration of 14.5 minutes to the first point of intended landing and, assuming normal cruising speed, to fly after that for at least 4.5 minutes.12 5. Extent Of Relief RED STAR ENGINEERING, INC. Seeks And The Reason RED STAR ENGINEERING, INC. Seeks 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 airw orthiness certificate, RED STAR ENGINEE RING, INC. requests relief

from these Sections because the DJI Phant om 3 UASs do not requi re airworthiness

certificates. As set forth more fully below, the DJI Phantom 3 UASs meet the conditions of

FMRA Section 333 for o peration without an airworthiness certifi cate. Accordingly, RED STAR ENGINEERING, INC. will use trained technicians to perform maintenance, alterations, or preventive maintenance on t he UASs using the methods, techni ques, and practices prescribed in the UAS operating documents (i.e., the RED STAR E NGINEERING, INC. Aerial Operations Manual, Monthl y Maintenance Lo g, and DJI Phan tom 3 Instruction Manual). Furthermore, RED STAR EN GINEERING, INC. will document and maintain all

maintenance records for the DJI Phantom 3 UASs.



## D. The Reasons Why Granti ng RED STAR ENGINEERING, INC. Request Would Be In The Public Interest; That Is, How

It Would Benefit The Public As A Whole.

Granting the present Petition will further the public interest by allowing RED STAR ENGINEERING, INC. to safely, e fficiently, and economically perf orm aerial video and photography of real estate, and landscape over certain areas of the United States.

Additionally, use of the DJI Phantom 3 UASs will decrease conge stion of the NAS, reduce pollution, and provide significant benefits to the econo my. Notably, the benefits of RED STAR ENGINEERING, INC.’s proposed operation of the DJI Phan tom 3 UASs 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 uti lized to obtain aerial imagery. By reducing the amount of manned aircraft needed to pe rform aerial acquisitions, an exemption allowing the use of a DJI Phantom 3 UAS would reduce the amount of manned aircraft in the NAS, reduce noise and air poll ution, 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 operatin g in the NAS, congestion around airports caused by arriving and departing air craft 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 mission s 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 Th e DJI Phantom 3 UASs. Conducting aerial acquisitions with the DJI Phantom 3 UASs, ins tead of manned aircraft, will greatly benefit the public by drastically reducing the lev els 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 UASs produ ce no air pollution,13 and is the most viable environmentally conscious alternative to the cabin class, six cylinder internal combustion engine aircraft that are typically utilized for aerial video and photography, while burning approximately 20-30 gallons per hour of leaded aviation fuel. The DJI Phantom 3 UAs, while reducing the carbon footprint of a erial 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 Pha ntom 3 UASs 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 fl ight 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 (we ighing approximately 6 pounds 7.5 ounces, at their maximum gross weights with a leng th of 17.3 inches and a width of 17.7 inches, and with no fuel on board), has less phys ical potential for collateral damage to life and property on the ground, and in the air, comp ared to the manned aircraft that typically conduct similar operations (weighing ap proximately 6,000 pounds with a wingspan of approximately 42 feet, a length of 34 feet, and a fuel capacity of 180 gallons).

3. Performing Aerial Video and Photography Operations With The DJI Phantom 3 UASs Will Benefit The Economy.

In addition to being safe and efficient, the DJI Phantom 3 UASs are also an economical alternative to using manned aircraft to conduct similar aerial operations. As such, operation of the DJI Phantom 3 UASs will allow United States ba sed companies, like RED STAR ENGINEERING, INC., to remain competitive and contribut e to growth of the U.S. economy. Specifically, with the rising cost of aviation f uel and the Environmental Protection Agency (“EPA”) regulatory actions phasing out leaded aviation fuels, U.S. owned and operated companies must adopt new and alternative tec hnology in order to remain competitive. Operating the battery powered DJI Phantom 3 UASs is one such technology that not only allows companies greater operational f lexibility 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 s, companies such as RED STAR ENGINEERING, INC., can remain competitive and profitab le, and therefore, provide greater job stability to employees and contractors, whi ch will ultimately contribute to growth of the U.S. economy. Improved financial pe rformance of U.S. companies, through commercial use of the DJI Phantom 3 UASs, pr ovides a stable workforce that increases consumer spending; improves local, sta te, and federal tax revenues; and allows companies to invest in research and develo pment 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 many years, RED STAR ENGINEERIN G, INC.’s proposed operation of the DJI Phantom 3 UASs will not implicate any privacy issues. Specifically, the DJI Phantom 3 UASs will be operated only in compliance with operating documents (i.e., the RED STAR ENGINEERING, INC. Aerial Operations Manual, Monthly Maintenance Log, and DJI Phantom 3 Instruction Manual) which requires property owner inv olvement and permission to videotape/photograph as well as local law enforce ment notification, and in accordance with the Federal Aviation Regulations, including the minimum altitude requirements of 14 C.F.R. § 91.119.14 

## E. The Reasons Why Granting The Exemption Would Not Adversely Affect Safety, Or How The Exemption Would Provide A Level Of Safety At Least Equal To That Provided By The Rule From Which RE D STAR ENGINEERING, INC. 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 operat ing area associated with the unmanned aircraft and its operation, RED STAR ENGINEERING, INC.’s operation of the DJI Phantom 3 UASs 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 airworthine ss certification and sets forth requirements for considering whether a UAS will create a hazard to users of the NAS or the public, or otherwise pose a threat to national secur ity. Specifically, FMRA Section 333 states the following, in part: (a) In General.--Notwithstanding any other requirement of this subtitle, and not later than 180 days after the date of enactment of this Act, the Secretary of Transportation shall determine if certain unmanned aircraft systems may operate safely in the national airspace system before completion of the plan and rulemaking required by section 332 of this Act or the guidance required by

section 334 of this Act. (b) Assessment of Unmanned Ai rcraft Systems.--In making the

determination under subs ection (a), the Secretary sha ll determine, at a minimum-- (1) which types of unmanned aircraft systems, if any, as a result of their size, weight, speed, operational capability, proximity to airports and populated areas, and operation within visual line of sight do not create a hazard to users of the national airspace system or the public or pose a threat to national security; and (2) whether a certificate of waiver, certificate of authorization, or airworthiness certification under section 44704 of title 49, United States Code, is required for the operation of unmanned aircraft systems identified under paragraph (1). (c) Requirements for Safe Operation.--If the Secretary determines under this section that certain unmanned aircraft systems may operate safely in the national airspace system, the Secretary shall establish requirements for the safe operation of such aircraft systems in the national airspace system.

In seeking this exemption, RED S TAR ENGINEERING, INC. submits t hat the DJI Phantom 3 UASs can operate safely in the NAS pursuant to FMRA Section 333 , as demonstrated by: (a)

the characteristics o f the DJI Phantom 3 UASs; (b) the pilot certification requirement; and (c) the specific operating limitations.15 a. The Specifications Of The DJI Phantom 3 UASs Demonstrate Its Safe

Characteristics.

The DJI Phantom 3 UASs do not create a hazard to users of the N AS or the public, or otherwise pose a threat to national security considering its si ze, weight, speed, and operational capability.

i. Technical Specifications Of The DJI Phantom 3 UASs.

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

ii. The DJI Phantom 3 UASs Autonomous Flight And Navigation Mod es Enable The UASs To Remain Within A Defined Operational Area.

The DJI Phantom 3 UASs may be operated in both manual and fully autonomous flight modes. A complete description of the flight and navigati onal modes of the DJI Phantom 3 UASs is provided at pages 12-16 and 45-50 of the DJI Phantom 3 User Manuals, attached hereto as Appendix A. iii. The DJI Phantom 3 UASs Are Designed For Automatic Return T o Home

Point Or Hover In The Event Of Loss Of The Control Link Or Navi gation.

When the Control Link is lost, the DJI Phantom 3 UAs will remai n stationary, in flight, for 3 seconds or more. If, after 3 seconds, the DJI Pha ntom 3 UAs do not reacquire control link data from the GCS, the UAs will assume t hat the Control Link is lost and the UAs 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 Func tions of the DJI Phantom 3 from the User Manual pages 13-15, attached her eto as Appendix C.

iv. The DJI Phantom 3 GCS And Its Operation.

A complete description of the operation and specifications of t he DJI Phantom 3 GCS and flight control software is provided hereto as Appendix A.

b. Flight Operations Of The DJI Phantom 3 UASs Are Limited To T he Line Of Sight Of A Certificated Pilot in Command With A Safety Observer.

Richard C. Roberts will be the onl y person to act as a pilot in command (PIC) of the DJI Phantom 3 UASs. Additionally, a s afety observer will assist in flights.

c. Flights Of The DJI Phantom 3 UASs Will Be Conducted Pursuant To Specific Operating Limitations.

In seeking this exemption, RED S TAR ENGINEERING, INC. proposes to commercially operate DJI Phantom 3 UASs for the special purpose of conductin g aerial video and photography over certain areas of United States, pursuant to th e following specific operating limitations:

1. Operations authorized by this grant of exemption will be lim ited to the following aircraft described in the operating documents, rotorcraft UASs weighing less than16 55 pounds maximum gross weight: DJI Phantom 3 Unmanned Aircraft Systems. Proposed operations of any other aircraft will require a new pe tition or a petition to amend this grant.

2. UAS operations under this exemption will be limited to condu cting 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 500 f eet above ground level (AGL), as indicated by the procedures specified in the operating documents unless a special r equest 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 una ided 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 obse rver (SO) is not permitted.

7. All operations must utilize a safety observer (SO). The SO m ay be used to satisfy the VLOS requirement as long as the PIC always maintain s 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 documents.

8. The SO must not perform any o ther duties beyond assisting th e PIC with seeing and avoiding other air traffic and other ground based obstacles / obstructions and is not permitted to operate the ca mera or other instruments.

9. The operating docum ents and the grant of exemption must be a ccessible during UAS operations and made availabl e to the Administrator upon req uest. If a discrepancy exists bet ween the conditions and limitations conta ined in the grant of exemption and the procedures outlined in the operating document s, the conditions

and limitations contai ned in the grant of exe mption take preced ence and must be followed. Otherwise, the operator must follow the procedures as outlined in its operating documents. T he operator may updat e or revise its oper ating documents. It is the operator’s responsibility to track such revisions and pr esent updated and

revised documents to the Administrator upon request. The operat or must also present updated and revi sed documents if it petitions for exten sion or amendment to the grant of exemption. If the oper ator determines that any upd ate or revision would affect the basis upon which the FAA granted the exemption, then the operator must petition for amendment to its gr ant of exemption. The FAA’s UAS Integration Office (AFS-80) may be contacted if questions arise regarding updates or revisions to the operating documents. 10. Prior to each flight the PIC must inspect the UAS to ensure that it is in a condition for safe flight. If the inspection reveals a conditio n that affects the safe operation of the UAS, the aircraft is prohibited from operating until the necessary17 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 do cumented 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 flig ht critical component, must undergo a functional test flight. The PIC who conducts the functional test flight must make an entry in the aircraft records.

12. The pre-flight inspection must account for all potential di screpancies, e.g. inoperable components, items, or equipment, not already covered in the relevant sections of the operating documents.

13. The operator must follow the UAS manufacturer’s aircraft/co mponent, maintenance, overhaul, replacement, inspection, and life limit requirements.

14. The operator must carry out its maintenance, inspections, a nd record keeping requirements, in accordance with the operating documents. Maint enance, inspection, alterations, and status of replacement/overhaul com ponent parts must be noted in the aircraft records, including total time in service, description of work accomplished, and the signature of the authorized person r eturning the

UAS to service.

15. Each UASs operated under this exemption must comply with al l manufacturer Safety Bulletins.

16. The authorized person must make an entry in the aircraft re cord of the corrective action taken against discrepancies discovered betwee n inspections.

17. The PIC must possess at least a private pilot certificate a nd at least a current

third- class medical certificate.

18. The operator may not permit any PIC to operate unless the P IC meets the operator’s qualification criteria and demonstrates the ability to safely operate the UAS in a manner consistent with how the UAS will be operated un der the exemption, including evasive and emergency maneuvers and mainta ining appropriate distances from persons, vessels, vehicles and struc tures. PIC qualification flight hours must be logged in a manner consisten t with 14 C.F.R. § 61.51(b). Flights for the purposes of training the operator’s P ICs are permitted under the terms of the exemption . However, training operations may only be conducted during dedicated training sessions. During training, proficiency, and experience-building flights, all persons not essential for flig ht operations are considered nonparticipants, and the PIC must operate the UA wit h appropriate distance from nonparticipants in accordance with 14 C.F.R. § 91 .119.18 19. UAS operations may not be conducted during night, as define d in 14 C.F.R. §1.1. All operations must be conducted under visual meteorologi cal conditions (VMC). If flight at night is required, a special request will b e made at the FAA office closest to proposed area of operations. Flights under sp ecial visual flight rules (SVFR) are not authorized.

20. The UA may not operate within 5 nautical miles of an airpor t 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 o peration is conducted in accordance with a NOTAM as required by the operato r’s COA. The letter of agreement with the airport management must be made av ailable to the Administrator upon request.

21. The UA may not be operated less than 500 feet below or less than 2,000 feet horizontally from a cloud or when visibility is less than 3 sta tute miles from the

PIC.

22. If the UA loses communications or loses its GPS signal, it must return to a pre- determined 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 o bstacles or emergencies in accordance with the operating documents.

24. The PIC is prohibited from beginning a flight unless (consi dering wind and forecast weather conditions) there is enough power to fly at no rmal cruising speed to the intended landing point and land the UA with 25% ba ttery power remaining.

25. The operator must obtain an Ai r Traffic Organization (ATO) issued Certificate of Waiver or Authorization (COA) prior to conducting any operation s under the grant of exemption. This COA will also require the operator to request a Notice to Airman (NOTAM) not more than 72 hours i n advance, but not less than 48 hours prior to the operation. All operati ons shall be conducted in accordance with airspace requirements in the ATO issued CO A including class of airspace, altitude level and potential transponder requirements.

26. All aircraft operated in accordance with the exemption must be identified by serial number, registered in accordance with 14 C.F.R. part 47, and have identification (N- Number) markings in accordance with 14 C.F.R . part 45, Subpart C. Markings must be as large as practicable.

27. Before conducting operations, the radio frequency spectrum used for operation and control of the UA must comply with the Federal Co mmunications Commission (FCC) or other appropriate government oversight agen cy 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 a ny time the UAS is operating. These documents must be made available to the Adm inistrator or any law enforcement official upon request.19 29. The UA 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 any moving devi ce or vehicle.

31. 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 nonparticipating persons remain under such pro tection. 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 structure s where the owner/controller of such vessels, vehicles or structures has gr anted permission and the PIC has made a safety assessment of the risk of operating closer to those objects and determined that it does n ot present an undue hazard, and;

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

32. All operations shall be conducted over private or controlle d-access property with permission from the land owner/controller or authorized re presentative. Permission from land owner/controller or authorized representat ive will be obtained for each flight to be conducted.

33. Any incident, accident, or fli ght operation that transgress es the lateral or vertical boundaries of the operat ional area as defi ned by the applicable COA must be reported to the FAA's UAS Integr ation Office (AFS-80) within 24 hours. Accidents must be reported to the National Transportation Safety Board (N TSB) per

instructions contained on the NTSB Web site: www.ntsb.gov

.

2. Reasons Why An Exemption From The Requirements Of Section 61.113(a) And (b) Would Not Adversely Affect Safety.

RED STAR ENGINEERING, INC. submit s that the equivalent level of safety established by Section 61.113(a) and (b) will be maintained because no PIC wil l be allowed to operate DJI Phantom 3 UASs unless that PIC has demonstrated, by meeting min imum flight-hour and currency requirements, that the PIC is able to safely operate D JI Phantom 3 UAS in a manner consistent with the exemption , including evasive and emergency maneuvers and maintaining appropriate distances from people, vessels, vehicles and struct ures. Considering RED STAR ENGINEERING, INC.’s proposed area of opera tions, and the operating limitations set forth-above; the parallel nature of private pil ot aeronautical knowledge requirements to those of commercial pilot requirements (See Exe mption No.11062); and the airmanship skills necessary to s afely operate the DJI Phantom 3 UAS, RED STAR ENGINEERING, INC. submits that the additional manned airmanship experience of a20 commercially certificated pilot would not correlate to the airm anship skills necessary for RED STAR ENGINEERING, INC.’s specific proposed flight operations. The FAA has previously granted relief from Section 61.113(a) an d (b) specific to UAS, in circumstances similar, in all material respects, to those prese nted herein (e.g. Exemption Nos. 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11 110, 11112, 11136, 11138, 11150, 11153, 11156, 11158, 11159, 11160, 11161). RED STAR ENGINEERING, INC. will not allow any PIC to operate th e DJI Phantom 3 UAS unless that PIC has demonstrated, by meeting minimum flight-hou r requirements or DJI Phantom 3 UAS training and currency requirements, that the PIC is able to safely operate the DJI Phantom 3 UAS in a manner consistent with this exemption, i ncluding evasive and emergency maneuvers and maintaining appropriate distances from people, vessels, vehicles

and structures. Specifically, the PIC must have accumulated and logged, in a ma nner consistent with C.F.R. § 61.51(b), 25 hours of total time as a UAS rotorcraft p ilot (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 requir ements, the PIC must accomplish 3 takeoffs and landings in the preceding 90 days (for currency purposes). As in Exemption Nos. 11062, 11138, and 11153, prior documented flight experience tha t was obtained in compliance with applicable regulations will ensure an equivalent level of safety during RED STAR ENGINEERING, INC.’s proposed operations. The Administrator has held that prior documented flight experience that was obt ained in compliance with applicab le regulations would ensure safe operations, stating as follows: In Exemption No. 11062, the FAA required that prior to conducting operations for the purpose of motion picture filming (or similar operations), the PIC must have accumulated and logged, in a manner consistent with 1 4 CFR 61.51(b), 25 hours of total time as a UAS rotorcraft pilot including at least 10 hour s logged as a UAS pilot with a multirotor UAS. Prior to operations under Exemption No. 11062, the P IC must also have accumulated and logged a minimum of 5 hours as a UAS pilot oper ating the same make and model of UAS to be used for operations under the exemption.

For clarification, the FAA considers these minimum hour require ments to be inclusive rather than additive; i.e. 5 hours make and model time may be included in the 10 hours of multi-rotor time and the 10 hours may be included in the total 25 hours of UAS rotorcraft time. In addition to the hour requirements, the PIC must accomplish 3 takeoffs and l andings in the preceding 90 days (for currency purposes). The FAA finds that at a minimum, the flight-hour requirements in Exemption No. 11062 are appropriate to practice and build profi ciency in the skills necessary to safely conduct the petitioner’s proposed operations. The FAA al so finds that prior documented flight experience that was obt ained in compliance with applicab le regulations would satisfy this requirement. Training, proficiency, and experience-building fli ghts can also be conducted under the grant of exemption to accomplish the required flight time. During training, proficiency, and experience building flights the PIC is required to operate the UA with appropriate distances in

accordance with 14 C.F.R 91.119. Exemption No. 11138 at page 15. Accordingly, RED STAR ENGINEER ING, INC. will ensure safe operat ions by not allowing any PIC to operate the DJI Phantom 3 UAS unless that PIC has demons trated, by meeting minimum flight-hour and currency requirements, that the PIC is able to safely operate the DJI Phantom 3 UAS in a manner consistent with the exemption, including evasiv e and emergency maneuvers and maintaining appropriate distances from people, vessels, veh icles and structures.21 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) w ill be maintained because prior to every flight, RED STAR ENGINEER ING, INC. will ensure that the D JI Phantom 3 UAS is in an airworthy condition based upon the UAS’s compliance with its op erating 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 s imilar, 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, 1 1157, 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 wi ll be maintained because the altitude information of the DJI Phantom 3 UAs will be provided to the PIC via GPS equipment and a radio communications telemetry data link, which downlinks from the UA to the GCS for active monitoring of the flight path and altitude. This altitud e information, combined with RED STAR ENGINEERING, INC.’s operation of the DJI Phantom 3 UAs wit hin 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 onboar d the aircraft. Prior to each flight, a zero altitude initiation point is automatically estab lished by the UASs at ground level. The FAA has previously granted relief from Section 91.121 speci fic to UAS, in circumstances similar, in all material respects, to those presented herein (e .g. Exemption Nos. 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11112, 11136, 11138, 11150, 11153, 11156, 11157, 11158, 11159, 11160, 11161).

5. Reasons Why An Exemption From The Requirements Of Section 91.151(b) Would Not Adversely Affect Safety.

A grant of this exemption would ensure an equivalent level of s afety established by 14 C.F.R. Section 91.151(b) as a result of (1) the technical specificatio ns of the DJI Phantom 3 UASs; (2) the limitations on the proposed flight operations; and (3) the location of the proposed flight operations. Accordingly, RED STA R ENGINEERING, INC. will ensure that it will safely operate the battery powered DJI Phantom 3 UAs during daylight hours in VFR conditions, with enough battery power to fly for a total duration of 14.5 minutes to th e 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 o f the DJI Phantom 3 UASs; 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. S ection 91.151(b). Furthermore, safety will be ensured as the DJI Phantom 3 UASs provide audibl e and visual warnings to the PIC at the GCS when the UAs experiences low battery voltage, th e first warning occurring at approximately 33% remaining battery power, and again at approxi mately 10% remaining battery power. At the critically low battery level, the DJI Phantom 3 U ASs will descend and land automatically. Significantly, previous exemptions granted by the FAA concernin g Section 91.151 establish that safety is not adversely affected when the techni cal characterist ics and operating

limitations of the UAS are considered. Re lief has been granted for manned aircraft to operate at less than the minimums prescribed in Section 91.151, including Exemp tion Nos. 2689, 5745, and 10650.22 Moreover, the FAA has previously granted relief from Section 91 .151 specific to UAS, in circumstances similar, in all ma terial respects, to those prese nted 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, RED S TAR ENGINEERING, INC. submits t hat 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 RED STAR ENGINEERING, INC. will use trained technicians to perf orm maintenance, alterations, or preventive maintenance on the UASs using the me thods, techniques, and practices prescribed in the operating documents (i.e., the RED STAR ENGINEERING, INC. Aerial Operations Manual, Monthly Maintenance Log, and DJI Phan tom 3 Instruction Manual). Furthermore, RED STAR ENGINEERING, INC. will document and maint ain all maintenance

records for the DJI Phantom 3 UASs. Since the DJI Phantom 3 UAS s will be inspected as prescribed by the operating documents, RED STAR ENGINEERING, IN C. will maintain the equivalent level of safety established by Sections 91.405(a), 9 1.409(a)(1), and 91.409(a)(2). A copy of the DJI Phantom 3 User Manuals are attached hereto as A ppendix C; a copy of the DJI Phantom 3 UAS Maintenance Log is attached hereto as Appendix B. Likewise, the exemption sought will not adversely affect safety because RED STAR ENGINEERING, INC. will use trai ned technicians to perform maint enance, 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 maintenan ce of the DJI Phantom 3 UASs 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 techni cal characteristics and operating

limitations of the UAS are considered.

In consideration of RED STAR EN GINEERING, INC.’s proposed opera ting limitations, the operating documents, and the technical as pects of DJI Phantom 3 UASs, RED STAR ENGINEERING, INC. submits that safety will not be adversely affected by granting exemption from 14 C.F.R. Sections 91.405(a), 91.407(a)(1) and (a)( 2), 91.409(a)(2), and 91.417(a) and (b). The FAA has previously granted relief specific to UAS in circumstanc es 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 Operatio n.

In accordance with Section 333 of the FAA Modernization and Ref orm Act of 2012 (FMRA) and 14 C.F.R. § 21.16 entitled Special Conditions, RED STAR ENGINEE RING, INC. requests that the FAA prescribe special conditions for the intended operation of the DJI Phantom 3 UASs, which contain such safety standards that the Administrator find s necessary to establish a level of safety equivalent to that established by 14 C.F.R. Part 21, Subpart H, and 14 C.F.R §§ 61.113(a) & (b), 91.7 (a), 91.121, 91.151(b), 91.405(a), 91.407 (a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b). Such special conditions will permit safe opera tion of the UAs for the limited purpose of conducting aerial video and photography over certain areas of the United States for23 compensation or hire. FMRA Section 333 sets forth the requireme nts for considering whether a UAS will create a hazard to users of the NAS or the public, or otherwise pose a threat to national security; and further, provides the authority for such UAS to operate without airworthiness certification in accordance with any requirements that must be established for the safe operation of the UAS in the NAS. Likewise, the Administrat or may prescribe special conditions pursuant to 14 C.F.R. § 21.16, for operation of the DJI Phantom 3 UASs, since the airworthiness regulations of 14 C.F.R. Part 21 do not contain a dequate or appropriate safety standards, due to the novel or unusual design features of the a ircraft. Section 21.16, entitled Special Conditions, states the following: If the FAA finds that the airworthiness regulations of this subchapter do not contain adequate or appropriate safety s tandards for an aircraft, aircraft engine, or propeller because of a novel or unusual design featu re of the aircraft, aircraft engine or propeller, he prescribes special conditions and amendments t hereto 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 t he regulations. See 14 C.F.R. § 21.16. Therefore, in accordance with FMRA Secti on 333 and 14 C.F.R. § 21.16, the FAA may prescribe special conditions for Leading Edg e’s intended operation of the DJI Phantom 3 UASs, which contain such safety standards that th e Administrator finds necessary to establish a level of safety equivalent to that est ablished by 14 C.F.R. Part 21, Subpart H, and 14 C.F.R Sections 61.113(a) & (b), 91.7(a), 91.1 21, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b).



## A Summary That Can Be Publis hed In The Federal Register, stating: The Rules From Which RED STAR ENGINEERING, INC Seeks Exemption:

RED STAR ENGINEERING, INC. seeks exemption from the requirements of 14 C.F.R Sections 61.113(a)&(b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b).



## A Brief Description Of The Na ture Of The Exemption RED
STAR ENGINEERING, INC. Seeks:

This exemption will permit RED STAR ENGINEERING, INC. 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 RED STAR ENGINEERING, INC.’s Request.

This Petition is made pursuant to the FAA Modernization and Ref orm Act of 2012 (FMRA) Section 333, which directs the Secretary of Transportation to d etermine if certain UAS may operate safely in the NAS. As such, RED STAR ENGINEERING, INC.’ s request for exemption may be granted pursuant to the authority of FMRA Section 333 an d 14 C.F.R. Part 11, as set

forth above.24 FMRA Section 333 sets forth the requirements for considering wh ether a UAS will create a hazard to users of the NAS or the public, or otherwise pose a t hreat to national security; and further, provides the authority for such UAS to operate without airworthiness certification. As discussed in detail above, R ED STAR ENGINEERING, INC. will o perate the DJI Phantom 3 UASs safely in the NAS, without creating a hazard to users of the NAS, or the public, or otherwise pose a threat to national security.

CONCLUSION

As set forth herein, RED STAR ENGINEERING, INC. seeks an exempt ion pursuant to 14 C.F.R. § 11.61 and Section 333 of the FAA Modernization and Ref orm Act of 2012 (FMRA), which will permit safe operation of the DJI Phantom 3 UASs comm ercially, without an airworthiness certificate, for the limited purpose of conductin g 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 a nd Reform Act of 2012, while also advancing the interests of the public, by allowing RED STA R ENGINEERING, INC. to safely, efficiently, and economic ally operate the DJI Phantom 3 UASs commercially within the

NAS.

WHEREFORE , in accordance with the Federal Aviation Regulations and the F AA Modernization and Reform Act of 2012, Section 333, RED STAR ENGINEERING, INC. respectfully requests that the Administrator grant this Petition for an exemption fro m 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 RED STAR ENGINEERING, I nc. to operate the DJI Phantom 3 UASs commercially for the purpose of conducting aeria l video and photography over

certain areas of the United States.

Respectfully submitted on June 14, 2015 Red Star Engineering, Inc.

Attn. Richard C. Roberts

6354 Coen Tush Road Greenville, IN 47124 sjwdrummer@gmail.com

Appendices: A – DJI Phantom 3 Specifications Data Sheet B – Maintenance/Flight Log

C – DJI Phantom Users Guide25 

### APPENDIX – A

DJI Phantom 3 TECHNICAL SPECIFICATIONS RED STAR ENGINEERING, INC. only utilizes safe and reliable UASs . DJI is an industry leader in small UAS production. DJI UASs are loaded with ground breaki ng software enabling the user to set parameters which will not allow flight into controlled a irspace. Parameters can also be set to limit flight to no higher than a predetermined and set altit ude as well as limit flight to a predetermined and set distance. In addition, DJI software provi des real-time altitude and location information to the PIC via the linked monitor (smart p hone/tablet devices)

2.2 DJI Phantom 3

2.2.1 Aircraft


### 34

2.2.1.1 Model – Phantom 3 2.2.1.2 Weight (Battery Included) – 1280 grams 2.2.1.3 Hovering Accuracy (GPS Mode) – Vertical: +/- 10cm; Hori zontal:

+/-1m

2.2.1.4 Max Angular Velocity –Yaw: 200 0 /s

2.2.1.5 Max Tilt Angle - 35 0

2.2.1.6 Max Ascent Speed – 5m/s 2.2.1.7 Max Descent Speed – 3m/s 2.2.1.8 Max Speed – 16m/s (ATTI mode, no wind – NOT RECOMMENDED) 2.2.1.9 Max Flight Altitude – 6000m 2.2.1.10 Max Flight Time – Approximately 23 minutes

2.2.1.12 Motor Model – DJI 3510 2.2.1.13 Propeller Model – DJI 1345

2.2.1.14 Operating Temperature Range – 14 0 F to 104 0 F (-10 0 C to 40 0 C)

2.2.1.15 Dimensions – 17 1⁄4” x 17 3⁄4” x 12”

2.2.2 Gimbal

2.2.2.1 Model – ZENMUSE X3 2.2.2.2 Output Power (with camera) – Static: 9W; In Motion: 11W 2.2.2.3 Operating Current – Static: 750mA; In Motion: 900mA

2.2.2.4 Angular Vibration Range - ±0.03 0

2.2.2.5 Mounting – Detachable

2.2.2.6 Controllable Range – Pitch: -90 0 to +30 0 ; Pan: ±320 0

2.2.2.7 Mechanical Range – Pitch: -125 0 to 45 0 ; Pan: ±330 0

2.2.2.8 Max Controllable Speed – Pitch: 120 0 /s; Pan: 180 0 /s

2.2.3 Camera 2.2.3.1 Name – Sony EXMOR

2.2.3.2 Model – 12.4M Pixel

2.2.3.3 Total Pixels – 12.4M

2.2.3.4 Effective Pixels – 12.76M 2.2.3.5 Image Max Size – 4000x3000 2.2.3.6 ISO Range – 100-3200

2.2.3.7 Field of View - 94 0
2.2.3.8 CMOS – Sony EXMOR 1/2.3”26 2.2.3.9 HD Video Recording – UHD (4K): 4096x2160p24/25, 3840x21 60p24/25/30; FHD: 1920x1080p24/25/30/48/50/60; HD: 1280x720 p24/25/30/48/50/60

2.2.3.10 Operating Temperature Range - 32 0 F - 104 0 F (0 0 C - 40 0 C)

2.2.4 Transmitter

2.2.4.1 Name – C1 2.2.4.2 Operating Frequency – 5.728-5.850GHz; 2.400-2.483GHz 2.2.4.3 Communicating Distance (unobstructed) – 2000m 2.2.4.4 Output Power – 9W

2.2.4.5 Operating Temperature Range - 14 0 F to 104 0 F (-10 0 C to 40 0 C)
2.2.4.6 Battery – 600mAh LiPo 2S