1 September 3, 2015

Attn: U. S. Department of Trans portation Docket Operations West Building Ground Floor, Room w12-140 1200 New Jersey Ave, SE Washington, DC 20590

RE: NO LIMIT IMAGES REQUEST AN EXEMPTION FR OM 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 CO MMERCIAL OPERATION OF DJI Phantom
3 UNMANNED AIRCRAFT SYSTEMS PU RSUANT TO SECTION 333 OF
THE FAA MODERNIZATION AND REFORM ACT OF 2012 (PUBLIC LAW 112-95)

Brandon Lang

President

NO LIMIT IMAGES

327 Pulford St

Howell MI 48843 (517) 915-8497 djlilraz@gmail.com2 TABLE OF CONTENTS

Page

GLOSSARY OF AB BREVIATIONS...................................................................................3

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

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

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

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

NAME AND ADDRESS OF PETITIONER.........................................................................6

THE SPECIFIC SECTIONS OF 14 C.F.R. FROM WHICH NO LIMIT IMAGES SEEKS

EXEMPTION............................................................................................................7

THE EXTENT OF RELIEF NO LIMIT IM AGES SEEKS AND THE REASON NO LIMIT

IMAGES SEEKS THE RELIEF..............................................................10

THE REASONS WHY GRANTING NO LIMIT IMAGES’S REQUEST WOULD BE IN THE

PUBLIC INTEREST ............................................................................................12

THE REASONS WHY GRANTING THE EX EMPTION TO NO LIMIT IMAGES WOULD

NOT ADVERSELY AF FECT SAFETY..............................................................14

SUMMARY THAT CAN BE PUBLISHE D IN THE FEDERAL REGISTER...................25

ANY ADDITIONAL INFORMAT ION, VIEWS, OR ARGUMENTS AVAILABLE TO

SUPPORT NO LIMIT IM AGES’S REQUEST..................................................25

CONCLUSION..................................................................................................................... 25

APPENDICES......................................................................................... 263 GLOSSARY OF ABBREVIATIONS

AGL Above Ground Level

AOI Area of Interest

ATC Air Traffic Control ATO Air Traffic Organization

AV Aerial Vehicle CFR Code of Federal Regulations

COA Certificate of Authorization

FAA Federal Aviation Administration FAR Federal Aviation Regulation

GCS Ground Control Station GPS Global Positioning System

LOL Loss of Link NAS National Airspace System

NOTAM Notice to Airman

PIC Pilot In Command Section 333 FAA Modernization and Reform Act of 2012 (FMRA) 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

NO LIMIT IMAGES 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), 91.407(a)(1), 91.409(a )(1) & (a)(2), and 91.417(a) & (b), to operate an Unmanned Aircraft System ( DJI Phantom 3) pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (FMR A). This exemption will permit NO LIMIT IMAGES to operate an Unmanne d Aircraft System (UAS) for the commercial purpose of conducting aerial video and photogra phy of construction sites, resi dential and commercial real estate, civil landscapes and events over certain areas of the United States.

INTRODUCTION AND INTERE STS OF THE PETITIONER

NO LIMIT IMAGES has for over two years provided th eir clients (which include private sector businesses and non-profits, along with local state and federal agencies) with expertise and knowledge in video and multimedia marketing, adve rtising, public relati ons and training using advanced technologies and solutions. NO LIMIT IMAGES has worked on hundreds of productions over the past 2 years in all types of locations with a perfect client and employee safety record. The objective of NO LIMIT IMAGES and our Unmanned Aircraft System ( DJI Phantom 3) aerial operations is to provi de a more affordable, high-quality production system for a variety of governmental, commercial, public, a nd residential uses, sp ecifically targeting

• Construction sites before and after

• Appraisals

• Real-estate marketing

• Economic development

• Civic landmarks

• Special event coverage

• Private and governmental training

My staff has safely flown small RC electric quadcopters recreationally for approximately 2 years

without incident.

BACKGROUND

Unmanned Aircraft Systems: DJI Phantom 3, UAS

NO LIMIT IMAGES 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 (G CS) utilizing electronic tablet or smart phone systems. The DJI Phantom 3 has a maximum gross weight of approximately 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 NO LIMIT IMAGES will be registered in accordance with 49 U.S.C. 44103, Registration of Aircraft , as well as 14 C.F.R Part 47, Aircraft5 Registration , and marked in accordance with 14 C.F.R. Part 45, Identification and Registration Marking

.

BASIS FOR PETITION

Petitioner, NO LIMIT IMAGES, pursuant to the pr ovisions of the Federal Aviation Regulations (14 C.F.R. § 11.61) and the FAA Modernization and Reform Act of 2012 (FMRA), Section 333, Special Rules for Certain Unmanned Aircraft Systems , hereby petitions the Administrator to commercially operate the DJI Phantom 3, 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), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b).

In consideration of the speed, weight, size, and limited operating area associated with the unmanned aircraft and its ope ration, NO LIMIT IMAGES operation of DJI Phantom 3 UAS

meets the conditions of FMRA Section 333 and th erefore, will not require an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H.

Accordingly, NO LIMIT IMAGES requests relie f from Sections 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 aircra ft with an airwor thiness certificate.

NO LIMIT IMAGES submits that the requested reli ef is proper since an equivalent level of safety will be ensured. NO LI MIT IMAGES will use experience d personnel or t echnicians to perform maintenance, alterati ons, or preventive maintenanc e on the UAS using the methods, techniques, and practices prescr ibed in the operating documents (i.e., Monthly Maintenance Log, and DJI Phantom 3 Instruction Manual). Furthermore, NO LIMIT IMAGES 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 Private pilot privileges

and limitations: Pilot in command , is requested by NO LIMIT IMAGES to the extent necessary to allow a Pilot in Command (PIC) holding a private pilot or higher level certificate, as well as an airman medical certificate, and who has demonstrated, by m eeting minimum flight- hour and currency requirements, that the PIC is able to safely operate the DJI Phantom UAS in a manner consistent with this exemption, including evas ive and emergency maneuvers and maintaining appropriate distances fr om people, vessels, vehicles and structures.

NO LIMIT IMAGES seeks relief from Section 91.7(a), entitled Civil aircraft airworthiness

, because the DJI Phantom 3 UAS do not require an airworthiness certificat e in accordance with 14 C.F.R. Part 21, Subpart H. As such, NO LIMI T IMAGES submits that they will ensure that the DJI Phantom 3 UAS is in an airworthy cond ition, prior to every flight, by determining that the UAS are in compliance with the operating documents (i.e., Monthly Maintenance Log, and DJI Phantom 3 Instruction Manual), and that the aircraft are in a condi tion for safe flight.

NO LIMIT IMAGES also seeks an exemption fro m the requirements of Section 91.121, entitled Altimeter Settings , as the DJI Phantom 3 UAS will not ha ve a typical barometric altimeter6 onboard. However, altitude information of the DJI Phantom 3 UAS will be provided to the PIC via Global Positioning System (GPS) equipment a nd 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 NO LIMIT IMAGES’s operation of the DJI Phantom 3 UAS within visual line of sight, at or belo w 400 feet AGL, will ensure a level of safety equivalent to Section

91.121.

Additionally, NO LIMIT IMAGES seeks an exem ption from the requirements of Section 91.151(b), entitled Fuel requirements for flight in VFR conditions . NO LIMIT IMAGES submits that safety will not be affected by operation of the DJI Ph antom 3 UAS during daylight hours in visual meteorological conditions (VMC) under visu al flight rules (VFR ), with 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 accordance with 14 C.F.R. § 11.81, NO LIMIT IMAGES provides the following information in support of its petition for exemption:

A. Name And Address Of The Petitioner.

The name and address of the Petit ioner and point of contact is:

Brandon Lang

President

NO LIMIT IMAGES

327 Pulford St.

Howell MI 48843 (517) 915-8497 djlilraz@gmail.com7 B. The Specific Sections Of 14 C.F.R. From Which NO LIMIT IMAGES Seeks Exemption.

1. NO LIMIT IMAGES Seeks Exemption From The Re quirements Of Section 61.113(a) And (b).

Section 61.113, entitled Private pilot privileges and limitations: Pilot in command

, subsections (a) and (b) prescribe the following, in relevant part:

(a) No person who holds a private pilot cer tificate may act as a pilot in command (PIC) of an aircraft that is carrying passe ngers or property for compensation or hire; nor may that person, for compensation or hire, act as PIC of an aircraft.

(b) A private pilot may, for compensation or hire, act as PIC of an aircraft in connection with any business or employment if—

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

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

2. NO LIMIT IMAGES Seeks Exemption From The Re quirements Of Section 91.7(a).

Section 91.7, entitled Civil aircraft airworthiness , subsection (a), states the following:

(a) No person may operate a civil aircraft unless it is in an airworthy condition.

3. NO LIMIT IMAGES 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 main tain the cruising altitude or flight level of that aircraft, as the case may be, by refe rence to an altimeter that is set, when operating--

(1) Below 18,000 feet MSL, to--

(i) The current reported altimeter sett ing of a station al ong the route and

within 100 nautical m iles of the aircraft;

(ii) If there is no station within the ar ea prescribed in paragraph (a)(1)(i) of this section, the current reported altimet er setting of an appropriate available station; or

(iii) In the case of an aircraft not eq uipped with a radio, the elevation of the departure airport or an appropriate altimeter setting available before departure.

4. NO LIMIT IMAGES Seeks Exemption From The Re quirements Of Section 91.151(b).

Section 91.151, entitled Fuel requirements for flight in VFR conditions , subsection8 (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 nor mal cruising speed, to fly after that for at least 20 minutes.

5. NO LIMIT IMAGES Seeks Exemption From The Re quirement 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 pres cribed 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. NO LIMIT IMAGES 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), st ates the following:

(a) No person may operate any aircraft th at has undergone maintenance, preventive maintenance, rebuilding, or alteration unless--

(1) It has been approved for return to se rvice by a person au thorized under § 43.7 of this chapter[.]

7. NO LIMIT IMAGES Seeks Exemption From The Requirements Of Sections 91.409(a)(1) And 91.409(a)(2).

Section 91.409, entitled Inspections , subsection (a), states the following:

(a) Except as provided in pa ragraph (c) of this section, no person may operate an aircraft unless, within the preced ing 12 calendar months, it has had --

(1) An annual inspection in accordance with part 43 of this chapter and has been approved for return to service by a person au thorized 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.

8. NO LIMIT IMAGES Seeks Exemption From The Re quirements Of Sections 91.417(a) And 91.417(b).

Section 91.417, entitled Maintenance records , subsections (a) and (b), state the following:9 (a) Except for work performed in accordance with §§ 91.411 and 91.413, each registered owner or operator shall keep the following records for the periods specified in paragraph (b) of this section:

(1) Records of the maintenance, preven tive maintenance, and alteration and records of the 100-hour, annual, progre ssive, and other re quired or approved inspections, as appropriate, for each airc raft (including the airframe) and each engine, propeller, rotor, a nd appliance of an aircraft. The records must include--

(i) A description (or reference to data acceptable to the Administrator) of the work performed; and

(ii) The date of completion of the work performed; and

(iii) The signature, and certificate numb er of the person approving the aircraft

for return to service.

(2) Records containing the following information:

(i) The total time in service of the ai rframe, each engine, each propeller, and

each rotor.

(ii) The current status of life-limited pa rts of each airframe, engine, propeller, rotor, and appliance.

(iii) The time since last overhaul of a ll items installed on the aircraft which are required to be overhauled on a specified time basis.

(iv) The current inspection status of th e aircraft, including the time since the last inspection required by the inspection program under which the aircraft and its appliances are maintained.

(v) The current status of applicable airworthiness directives (AD) and safety directives including, for each, the me thod of compliance, the AD or safety

directive number and revisi on date. If the AD or safety directive involves recurring action, the time and date wh en the next action is required.

(vi) Copies of the forms prescribed by § 43.9(d) of this chapter for each major alteration to the airframe and currently installed engines, rotors, propellers, and appliances.

(b) The owner or operator shall retain the following records for the periods prescribed:10 (1) The records specified in paragraph (a)(1) of this section shall be retained until the work is repeated or superseded by othe r work or for 1 year after the work is performed.

(2) The records specified in paragraph (a)(2) of this section shall be retained and

transferred with the aircraft at the time the aircraft is sold.

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

C. The Extent Of Relief NO LIMIT IMAGES Seeks And The Reason NO LIMIT IMAGES
Seeks The Relief.

1. Extent Of Relief NO LIMIT IMAGES Seeks And The Reason NO LIMIT IMAGES 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 airman medical certificate, and who has met certain flight-hour and currency requirements, to conduct the proposed UAS flight operations for compensation or hire.

This relief is requested since the limitations se t forth in Section 61.113(a) and (b) state that a private pilot may, for compensation or hire, act as PIC of an aircraft in connection with any business or employment if: (1) Th e flight is only incide ntal 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, NO LIMIT IMAGES submits that an equivalent level of safety

will be maintained because no PIC will be a llowed 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 consiste nt with the operations specifications as described in this exempti on, including evasive and em ergency maneuvers, as well as maintaining appropriate distances from people, vessels, vehicles and structures.

Further, NO LIMIT IMAGES submits that all f lights of the DJI Phantom 3 UAS, conducted by the PIC pursuant to the grant of this Petition: (1) will be incident al to NO LIMIT IMAGES’s business; and (2) will not car ry passengers or property for compensation or hire.

2. Extent Of Relief NO LIMIT IMAGES Seeks And The Reason NO LIMIT IMAGES 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 NO LIMIT IMAGES to determ ine that the DJI Phantom 3 UAS are in airworthy condition prior to ever y flight by ensuring that the UAS is in compliance with the11 operating documents (i.e., the ALTEK MEDIA GR OUP Aerial Operations Manual, Monthly Maintenance Log, and DJI Phantom 3 Instruction Manual).

NO LIMIT IMAGES seeks the requ ested relief because the DJI Phantom 3 UAS do not require

an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H. Therefore, NO LIMIT IMAGES 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 NO LIMIT IMAGES S eeks And The Reason NO LIMIT IMAGES
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 ut ilize a barometric pressure sensor, GPS equipment, and a radio communications telemetr y data link to downlink altitude information

from the UA to the PIC at the ground control station (GCS). Si nce the FAA requires that any altitude information concerning UAS operations be reported to air traffic control (ATC) in feet above ground level (AGL), NO LIMIT IMAGES s eeks the requested relief because the DJI Phantom 3 UA’s altimeter may be set on the gr ound to zero feet AGL, rather than the local barometric pressure or field altitude, before each flight.

Considering the limited altitude of the proposed operations, reli ef from 14 CFR 91.121 is sought to the extent necessary to comply with the applic able conditions and limitations stated below. As more fully set forth herein, an equivalent leve l of safety will be maintained since the DJI Phantom 3 UAS are equipped with a barometric pressure sensor and GPS equipment, which automatically ensures that a ground level pressure se tting will be establishe d 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 NO LIMIT IMAGES S eeks And The Reason NO LIMIT IMAGES 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 flig hts of the battery powered DJI Phantom 3 UAS during daylight hours in visual meteorological conditions (VMC), under visual flight rules (VFR), for a total dur ation of 23 minutes. NO LIMIT IMAGES 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 NO LIMIT IMAGES proposes to conduc t pursuant to this Petition.

Significantly, as set forth below, the technical sp ecifications of the DJI Phantom 3 UAS, the DJI Phantom 3 operating documents, and NO LI MIT IMAGES’s proposed operating limitations, ensure that NO LIMIT IMAGES will safely op erate the battery powered DJI Phantom 3 UAS12 during daylight hours in visual meteorological conditions (VMC), under visual flight rules (VFR), with enough battery power to fl y for a total duration of 23 minutes.

5. Extent Of Relief NO LIMIT IMAGES S eeks And The Reason NO LIMIT IMAGES 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 airworthin ess certificate, NO LIMIT IMAGE S requests relief from these

Sections because the DJI Phantom 3 UAS do not re quire airworthiness certificates. As set forth more fully below, the DJI Phantom 3 UAS m eet the conditions of FMRA Section 333 for operation without an airworthiness certifi cate. Accordingly, NO LIMIT IMAGES will use trained technicians to perform maintenance, alte rations, or preventive maintenance on the UAS using the methods, techniques, a nd practices prescribed in th e UAS operating documents (i.e., the NO LIMIT IMAGES Aerial Operations Ma nual, Monthly Maintenance Log, and DJI Phantom 3 Instruction Manual). Furthermore, NO LIMIT IMAGES will document and maintain

all maintenance records for the DJI Phantom 3 UAS.

D. The Reasons Why Granting NO LIMIT IMAGES 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 pub lic interest by allowing NO LIMIT IMAGES to safely, efficiently, and economically perform aer ial video and photography of construction sites, 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 economy. Notably, the benefits of NO LIMIT IMAGES’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 aer ial acquisitions, an exem ption 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 incr ease the safety of life and prop erty in the air and on the ground.

Furthermore, by reducing the number of manne d aircraft operating in the NAS, congestion around airports caused by arriving and departing aircraft will be reduced. The DJI Phantom 3 UAS do not require an airport to takeoff or land. Likewise, a reduction of manned aircraft13 conducting aerial video and photogra phy missions would result in fewer aircraft that must be handled by air traffic control dur ing 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 Phan tom 3 UAS, instead of manned aircraft, will greatly benefit the public by drasti cally reducing the levels of air and noise pollution generated during traditional aerial video and still photogra phy flight operations. By using battery power and electric motors, the DJI Phantom 3 UAS pr oduce no air pollution, and is the most viable environmentally conscious alternative to the cabin class, six cylinder internal combustion engine aircraft that are typically u tilized for aerial video and photogr aphy, while burning approximately 20-30 gallons per hour of leaded aviation fuel. The DJI Phantom 3 UAS, while reducing the carbon footprint of aerial acquisi tions, also eliminates noise po llution, 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 aeria l acquisitions, the substantial risk to life and property in the air and on the ground, which is us ually associated with traditional manned aircraft flight operations, will be substan tially reduced or completely elim inated. Aside from the lack of flight crew members located onboard the aircraft, the DJI Ph antom 3 UAS (weighing approximately 2.8 pounds at their maximum gro ss 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 DJI Phantom 3 UAS Will Benefit The Economy.

In addition to being safe and efficient, th e DJI Phantom 3 UAS ar e also an economical alternative to using manned aircraft to conduc t similar aerial operations. As such, operation of the DJI Phantom 3 UAS will allow United States based companies, like NO LIMIT IMAGES, to remain competitive and contribute to growth of the U.S. economy. Specifically, with the rising

cost of aviation fuel and the Environmental Protection Agency (“EPA”) regulatory actions phasing out leaded aviation fuels, U.S. owne d and operated companies must adopt new and alternative technology in order to remain comp etitive. Operating th e battery powered DJI Phantom 3 UAS is one such technology that not only allows companies greater operational flexibility compared to manned aircraft, but provides such flexibility without the high operational cost of a traditional manned aircraft.

By operating the DJI Phantom 3 UAS, compan ies such as NO LIMIT IMAGES, 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 commerc ial use of the DJI Phantom 3 UAS, provides a14 stable workforce that increases consumer sp ending; improves local, state, and federal tax revenues; and allows companies to invest in research and development in order to remain competitive both in the United States and abroad.

4. There Are No Privacy Issues.

Similar to the manned aerial acquisition flight ope rations that have been conducted for decades, NO LIMIT IMAGES’s proposed operation of th e DJI Phantom 3 UAS will not implicate any privacy issues. Specifically, the DJI Phantom 3 UAS will be operated only in compliance with operating documents (i.e., the ALTEK MEDIA GR OUP Aerial Operations Manual, Monthly Maintenance Log, and DJI Phantom 3 Instruc tion Manual) which requi res property owner
involvement as well as local law enforcement notification, and in accordance with the Federal Aviation Regulations, including the minimum a ltitude requirements of 14 C.F.R. § 91.119.

E. The Reasons Why Granting The Exemptio n 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 NO LIMIT IMAGES 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, NO LI MIT IMAGES’s operation of the DJI Phantom 3 UAS meet the conditions of FMRA Section 333, a nd 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 w ill create a hazard to users of the NAS or the public, or otherwise pose a threat to national security. Specificall y, FMRA Section 333 states the following, in part:

(a) In General.--Notwithstanding any other req uirement of this subtitle, and not later than 180 days after the date of enactment of this Act, th e Secretary of Transportation shall determine if certain unmanned aircra ft systems may operate safely in the national airspace system before completion of the plan and rule making required by section 332 of this Act or the guidance re quired by section 334 of this Act.

(b) Assessment of Unmanned Aircraft Syst ems.--In making the determination under subsection (a), the Secretary shall determine, at a minimum--

(1) which types of unmanned aircraft syste ms, if any, as a res ult 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 th e public or pose a threat to national security; and15 (2) whether a certificate of waiver, certificate of authorization, or airworthiness certificati on under section 44704 of ti tle 49, United States Code, is required for the operation of unmanned aircraft systems identified under paragraph (1).

(c) Requirements for Safe Operation.--If th e Secretary determines under this section that certain unmanned aircraft systems may operate safely in the national airspace system, the Secretary shall establish requirem ents for the safe operation of such aircraft systems in the national airspace system.

In seeking this exemption, NO LIMIT IMAGES 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 specific operating limitations.

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

The DJI Phantom 3 UAS does not crea te a hazard to user s 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 fli ght and navigational modes of th e 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 Or Navigation.

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 Ph antom 3 UAS does not reacquire control link data from the GCS, the UAS will assume that the Cont rol Link is lost 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 Functio ns of the DJI Phantom 3 UAS are set forth at pages 12 through 14 of the DJI 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 specif ications of the DJI Phantom 3 GCS and flight control software is provided at pages 23 throu gh 29 of the DJI Phantom 3 User Manual. DJI

Phantom 3 User Manual is atta ched hereto as Appendix A.16 b. Flight Operations Of DJI Phantom 3 UAS Is Limited To The Line Of Sight Of A
Certificated Pilot in Comma nd With A Safety Observer.

NO LIMIT IMAGES video production 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 Operating

Limitations.

In seeking this exemption, NO LIMIT IMAGES pr oposes to commercially operate DJI Phantom 3 UAS for the special purpose of conducting aeri al video and photography over certain areas of United States, pursuant to the follo wing specific operating limitations.

1. Operations authorized by this grant of exemption will be limited to the following aircraft described in the operating documen ts, rotorcraft UAS weighing less than 55 pounds maximum gross weight: DJI Phan tom 3 Unmanned Airc raft Systems. Proposed operations of any other aircraft will require a new petit ion 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 spec ified in the operating documents unless a special request is made and approved by ATC. All altitudes reported to ATC must be

in feet AGL.

5. The UAS must be operated within visual line of sight (VLOS) of the PIC at all times. This requires the PIC to be able to use human vision unaided by any device other than corrective lenses, as specifie d on the PIC’s FAA-issued airman medical

certificate.

6. The use of first person view (FPV) by th e PIC or safety observer (SO) is not permitted.

7. All operations must utilize a safety obser ver (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 verba lly 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 th e duration of the flight. The PIC must ensure that the SO can perform the functions prescrib ed in the operating

documents.17 8. The SO must not perform any other dutie s beyond assisting the PIC with seeing and avoiding other air traffic a nd other ground based obstacles /obstructions and is not permitted to operate the camera or other instruments.

9. The operating documents and the grant of exemption must be accessible during UAS operations and made available to the Administrator upon request. If a discrepancy exists between the conditions and limitations contained in the grant of exemption and the procedures outlined in the operating documents, the conditions and limitations contained in the grant of exemp tion take precedence and must be followed. Otherwise, the operator must follow the procedures as outlined in its operating documents. The operator may update or revi se its operating docum ents. It is the operator’s responsibility to track such revisions and presen t updated and revised documents to the Administrator upon request . The operator must also present updated and revised documents if it petitions for extension or amendment to the grant of exemption. If the operator determines that any update or revisi on would affect the basis upon which the FAA granted the exempt ion, then the operator must petition for amendment to its grant of exemption. Th e FAA’s UAS Integration Office (AFS-80) may be contacted if questions arise rega rding updates or revisions to the operating

documents.

10. Prior to each flight the PIC must inspect the UAS to ensure that it is in a condition for safe flight. If the inspection reveals a condition that affects the safe operation of the UAS, the aircraft is prohi bited from operating until th e necessary maintenance has been performed and the UAS is found to be in a condition for safe flight. The Ground

Control Station must be included in the preflight inspection. All maintenance and alterations must be properly doc umented in the aircraft records.

11. Any UAS that has undergone maintenance or alterations that affect the UAS operation or flight characteristics, e.g. repl acement of a flight critical component, must undergo a functional test flight. The PI C who conducts the functional test flight must make an entry in the aircraft records.

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

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

14. The operator must carry out its mainte nance, inspections, and record keeping requirements, in accordance with the opera ting documents. Maintenance, inspection, alterations, and status of replacement/overhau l component parts must be noted in the aircraft records, including total time in service, description of work accomplished, and the signature of the authorized person returning the UAS to service.18 15. Each UAS operated under this exemption must comply with all manufacturer Safety Bulletins.

16. The authorized person must ma ke an entry in the aircraft record of the corrective action taken against discrepancie s discovered between inspections.

17. The PIC must possess at least a private pilo t certificate and at l east a current thirdclass medical certificate.

18. The operator may not permit any PIC to operate unless the PIC meets the operator’s qualification criteria and demons trates the ability to safely operate the

UAS in a manner consistent with how the UAS will be operated under the exemption, including evasive and emergency maneuvers and maintaining a ppropriate distances from persons, vessels, vehicles and structur es. PIC qualification flight hours must be logged in a manner consistent with 14 C.F. R. § 61.51(b). Flights for the purposes of training the operator’s PICs are permitted under the terms of the exemption. However, training operations may only be conducted during dedicated training sessions. During training, proficiency, and e xperience-building fli ghts, all persons not essential for flight operations are cons idered nonparticipants, and the PIC must operate the UA with appropriate distance fr om nonparticipants in accordance with 14 C.F.R. § 91.119.

19. UAS operations may not be conducted duri ng night, as define d in 14 C.F.R. § 1.1. All operations must be conducted under vi sual 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 speci al visual flight rules (SVFR) are not

authorized.

20. The UA may not operate within 5 nautical miles of an airport reference point as denoted on a current FAA-published aeronauti cal chart unless a letter of agreement with that airport’s management is obtai ned, and the operation is conducted in accordance with a NOTAM as required by the operator’s COA. The letter of agreement with the airport management must be made available to the Administrator
upon request.

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

22. If the UA loses communications or loses its GPS signal, it mustreturn to a predetermined location within the planned ope rating area and land or be recovered in accordance with the operating documents.

23. The PIC must abort the flight in the ev ent of unpredicted obstacles or emergencies in accordance with the operating documents.19 24. The PIC is prohibited from beginning a flight unless (c onsidering wind and forecast weather conditions) there is enough power to fly at normal cruising speed to the intended landing point and land the UA with 25% battery power remaining.

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

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

27. Before conducting operations, the radio frequency spectrum used for operation and control of the UA must comply with the Federal Communications Commission (FCC) or other appropriate government oversight agency requirements.

28. The documents required fewer than 14 C.F.R. 91.9 and 91.203 must be available

to the PIC at the Ground Control Station of the UAS any time th e UAS is operating.

These documents must be made availa ble to the Administrator or any law enforcement official upon request.

29. The UA must remain clear and yield th e right of way to all manned aviation operations and activitie s at all times.

30. The UAS may not be operated by the PI C from any moving device or vehicle.

31. Flight operations must be conducted at least 500 feet from all nonparticipating persons (persons other than the PIC, SO, operator traine es or essential persons), vessels, vehicles, and structures unless:

a. Barriers or structures are present that sufficiently protect nonparticipating persons from the UA and/or debris in the event of an accident. The operator must ensure that nonparticipating persons remain under such protection. If a situation arises where nonparticipating persons leave such protection and are within 500 feet of the UA, flight ope rations must cease immediately and/or;

b. The aircraft is operated near vessels , vehicles or structures where the owner/controller of such vessels, vehicles or structures has granted permission and the PIC has made a safety assessmen t of the risk of operating closer to those objects and determined that it does not present an undue hazard, and;

c. Operations nearer to the PIC, SO, operator trainees or essential persons do not present an undue hazard to those persons per § 91.119(a).20 32. All operations shall be conducted over pr ivate or controlled-access property with permission from the land owner/controller or authorized repres entative. Permission

from land owner/controller or authorized representative will be obtained for each flight to be conducted.

33. Any incident, accident, or flight operation that transgresses the lateral or vertical boundaries of the operational area as defined by the applicable COA must be reported to the FAA's UAS Integration Office (AFS-80) within 24 hours. Accidents must be reported to the National Transportation Sa fety Board (NTSB) per instructions contained on the NTSB Web site: www.ntsb.gov.

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

NO LIMIT IMAGES submits that the equivalent le vel of safety established by Section 61.113(a) and (b) will be maintained because no PIC will be allowed to operate the DJI Phantom 3 UAS

unless that PIC has demonstrat ed, by meeting minimum flight- hour and currency requirements, that the PIC is able to safely operate the DJ I Phantom 3 UAS in a manner consistent with the exemption, including evasive and emergency mane uvers and maintaining appropriate distances from people, vessels, vehicles and structures.

Considering NO LIMIT IMAGES’s proposed area of operations, and the operating limitations set forth-above; the parallel nature of private pilot aeronautical knowledge requirem ents to those of commercial pilot requirements ( See Exemption No. 11062); and the airmanship skills necessary to safely operate the DJI Phantom 3 UAS, NO LIMIT IMAGES submits that the additional manned airmanship experience of a commercially certificated pilot would not correlate to the airmanship skills necessary for NO LIMIT IMAGES’s speci fic proposed flight operations.

The FAA has previously granted relief from S ection 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, 11136, 11138, 11150, 11153, 11156, 11158, 11159, 11160, 11161).

NO LIMIT IMAGES will not allow any PIC to operate the DJI Ph antom 3 UAS unless that PIC has demonstrated, by meeting mi nimum flight-hour requirement s or the 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, including evasive and emergency maneuvers and maintaining appropriate dist ances 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 minimu m 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 require ments, the PIC must accomplish 3 takeoffs and landings in the preceding 90 days (for currency purposes).21 As in Exemption Nos. 11062, 11138, and 11153, prior documented flight experience that was obtained in compliance with appli cable regulations will ensure an equivalent level of safety during NO LIMIT IMAGES’s proposed operations. The Administrator has held that prior documented flight experience that was obtained in compliance with applicable 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 14 CFR 61.51(b), 25 hours of total time as a UAS rotorcraft pilot including at least 10 hou rs logged as a UAS p ilot with a multi-rotor UAS. Prior to operations under Exempti on No. 11062, the PIC must also have accumulated and logged a minimum of 5 hours as a UAS pilot operating the same make and model of UAS to be used for operations under the exemption. For clarification, the FAA considers these minimum hour requirements 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 landings in the preceding 90 days (for currency purposes). The FAA finds that at a minimum, the flight-hour requirements in Exemption No. 11062 are appropri ate to practice and bu ild proficiency in the skills necessary to safely conduct the pe titioner’s proposed opera tions. The FAA also finds that prior documented flight experi ence that was obtained in compliance with applicable regulations woul d satisfy this requirement. Training, proficiency, and experience-building flights can also be conducted under the grant of exemption to accomplish the required flight time. During trai ning, 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, NO LIMIT IMAGES will ensure safe operations by not allowing any PIC to operate the DJI Phantom 3 UAS unless that PIC has demonstrated, by meeting minimum flighthour and currency requirements, that the PIC is ab le to safely operate the DJI Phantom 3 UAS in a manner consistent with the exemption, in cluding evasive and emergency maneuvers and maintaining appropriate dist ances from people, vessels, vehicles and structures.

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 Se ction 91.7(a) will be maintained because prior to every flight, NO LIMIT IMAGES will ensure that the DJI Phantom 3 UAS is in an airworthy condition based upon the UAS’s compliance with it s operating documents a nd as stated in the

conditions and limitations herein.22 Additionally, the FAA has previously granted reli ef from Section 91.7(a) specific to UAS, in circumstances similar, in all material respects , to those presented herein (e.g. Exemption Nos. 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110, 11112, 11136, 11138, 11150, 11153, 11156, 11157, 11158, 11159, 11160, 11161).

4. Reasons Why An Exemption From The Requirements Of Section 91.121 Would Not Adversely Affect Safety.

The equivalent level of safety established by Section 91.121 will be maintained because the

altitude information of the DJI Phantom 3 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 pa th and altitude. This altitude information, combined with NO LIMIT IMAGES’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 initiati on point is automatically establ ished by the UAS at ground level.

The FAA has previously granted relief from Se ction 91.121 specific to UAS, in circumstances similar, in all material respects, to those presented herein (e.g. Exemption Nos. 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11112, 11136, 11138, 11150, 11153, 11156, 11157, 11158, 11159, 11160, 11161).

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

A grant of this exemption would ensure an equi valent level of safety established by 14 C.F.R. Section 91.151(b) as a resu lt of (1) the tec hnical specifications of th e DJI Phantom 3 UAS; (2) the limitations on the proposed f light operations; and (3) the lo cation of the proposed flight operations. Accordingly, NO LIMIT IMAGES 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. 11109, 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 estab lished by 14 C.F.R. Section 91.151(b). Furthermore, safety will be ensured as the DJI Phantom 3 UAS provide audible and visual warnings to the PIC at the GCS when the UAS experiences low batte ry voltage, the first warning occurring at approximately 33% remaining battery power, and again at approximately 10% remaining battery power. At the critically low battery level, the DJI Phantom 3 UAS will descend and land automatically.

Significantly, previous exemptions granted by th e FAA concerning Section 91.151 establish that safety is not adversely affected when the technica l characteristics and operating limitations of the23 UAS are considered. Relief has been granted for manned aircraft to operate at less than the minimums prescribed in Section 91.151, including Exemption Nos. 2689, 5745, and 10650. Moreover, the FAA has previously granted reli ef 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, NO LIMIT IMAGES submits that the equivalent level of safety with regard to the regulatory maintenance and alte ration requirements established by Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), a nd 91.417(a) & (b) will be met because NO LIMIT IMAGES will use trained technicians to pe rform maintenance, alterations, or preventive maintenance on the UAS using the methods, tech niques, and practices prescribed in the operating documents (i.e., the ALTEK MEDIA GR OUP Aerial Operations Manual, Monthly Maintenance Log, and DJI Phantom 3 Instruct ion Manual). Furthermore, NO LIMIT IMAGES

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, NO

LIMIT IMAGES will maintain the equivalent level of safety established by Sections 91.405(a), 91.409(a)(1), and 91.409(a)(2). A copy of the DJI Phantom 3 User Manuals are attached hereto as Appendix A and B; a copy of the DJI Phantom 3 UAS Maintenance LOG is attached hereto as Appendix C.

Likewise, the exemption sought will not adversely affect sa fety because NO LIMIT IMAGES will use trained technicians to perform maintenan ce, alterations or preventive maintenance on the UAS using the methods, techniques, and prac tices 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 grante d by the FAA concerning Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), a nd 91.417(a) & (b) establ ish that safety is not adversely

affected when the technical characteristics and operating limitations of the UAS are considered.

In consideration of NO LIMIT IMAGES’s pr oposed operating limitations, the operating documents, and the technical aspects of the DJI Phantom 3 UAS, NO LIMIT IMAGES 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. Exemp tion Nos. 11062, 11063, 11064, 11065, 11066, 11067, 11080,24 11109, 11110, 11112, 11136, 11138, 11150, 11153, 11156, 11157, 11158, 11159, 11160, 11161).

7. The FAA May Prescribe Any Oth er Conditions For Safe Operation.

In accordance with Section 333 of the FAA Mode rnization and Reform Act of 2012 (FMRA) and 14 C.F.R. § 21.16 entitled Special Conditions , NO LIMIT IMAGES requests that the FAA prescribe special conditions for the intended ope ration of the DJI Phantom 3 UAS, which contain such safety standards that the Administrator fi nds necessary to establish a level of safety equivalent to that establishe d by 14 C.F.R. Part 21, Subpart H, and 14 C.F.R §§ 61.113(a) & (b), 91.7 (a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1 ) & (a)(2), and 91.417(a) & (b). Such special conditions will permit safe operation of the UAS for the limited purpose of conducting aerial video and photography over certain areas of the United States for compensation or hire. FMRA Section 333 sets fort h 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 th at must be established for the safe operation

of the UAS in the NAS.

Likewise, the Administrator may prescribe special conditions pursuant to 14 C.F.R. § 21.16, for operation of the DJI Phantom 3 UAS, si nce the airworthiness regulations of 14

C.F.R. Part 21 do not contain ad equate 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 regu lations of this subchapter do not contain adequate or appropriate safety standards fo r an aircraft, aircraft engine, or propeller because of a novel or unusual design feature of the aircraft, aircraft engine or propeller, he prescribes special conditions and amendments thereto for the product. The special

conditions are issued in accordance with Part 11 of this chapter and contain such safety standards for the aircraft, aircraft engine or propeller as the F AA 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 standard s that the Administrator finds n ecessary to establish a level of safety equivalent to that established by 14 C. F.R. Part 21, Subpart H, and 14 C.F.R Sections 61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b).

A Summary That Can Be Published In The Fe deral Register, stating: The Rules From Which NO LIMIT IMAGES Seeks Exemption:25 NO LIMIT IMAGES 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 NO LIMIT IMAGES Seeks:

This exemption will permit NO LIMIT IMAGES 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 NO LIMIT
IMAGES ’s Request.

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

(FMRA) Section 333, which direct s the Secretary of Tr ansportation to determ ine if certain UAS may operate safely in the NAS. As such, NO LIMIT IMAGES’s request for exemption may be granted pursuant to the authority of FMRA Sec tion 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 ot herwise pose a threat to national security; and further, provides the authority for such UAS to operate without airw orthiness certification.

As discussed in detail above, NO LIMIT IMAGES will operate the DJI Phantom 3 UAS 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, NO LIMIT IMAGES 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 UA S commercially, without an airw orthiness certif icate, for the limited purpose of conducting aerial video and photography over certain areas of the United States. By granting this Petiti on, the FAA Administrator will be fulfilling the Congressional

mandate of the FAA Modernization and Reform Ac t of 2012, while also advancing the interests of the public, by allowing NO LIMIT IMAGES to sa fely, efficiently, and economically operate the DJI Phantom 3 UAS commercially within the NAS.

WHEREFORE , in accordance with the Federal Aviation Regulations and the FAA Modernization and Reform Act of 2012, Sec tion 333, NO LIMIT IMAGES respectfully requests that the Administrator grant this Petition for an exemption from the requirements of 14 C.F.R Sections 61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a) , 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b), and permit Leadi ng Edge to operate the DJI Phantom 3 UAS commercially for the purpose of conducting aeri al video and photography over certain areas of

the United States.

Dated: September 3, 201526 Respectfully submitted,

Brandon Lang

President

NO LIMIT IMAGES

327 Pulford St.

Howell MI 48843 (517) 915-8497 djlilraz@gmail.com

Appendices:

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

http://download.djiinnovations.com/downloads/phantom_3/en/P hantom_3_Professional_User_Manual_v1.2_en.pdf