UNITED STATES OF AMERICA DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION WASHINGTON, DC

Regulatory Docket No. _______________

**IN THE MATTER OF THE PETITION FOR EXEMPTION OF: TackleBox Entertainment LLC**  **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 COMMERCIAL** 

**OPERATION OF**  **DJI PHANTOM 2, PHANTOM**  **3 AND DJI INSPIRE 1**  **UNMANNED AIRCRAFT SYSTEMS**

**PURSUANT TO SECTION 333 OF THE FAA MODERNIZATION AND REFORM ACT OF 2012**  **(PUBLIC LAW 112**
**- 95)** 

Submitted on September 26 , 2015
TackleBox Entertainment LLC 1200 Clinton Street Suite 241 Nashville, TN 37203 615

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- 0093 shaun@tackleboxfilms.com2 **TABLE OF CONTENTS** Page
GLOSSARY OF ABBREVIATIONS...................................................................................3
SUMMARY...................................................................................................................... .....4
INTRODUCTION AND INTERESTS OF PETITIONER....................................................4
BACKGROUND................ ....................................................................................................4
BASIS FOR PETITION.........................................................................................................5
NAME AND ADDRESS OF PETIT IONER.............................................................7
THE SPECIFIC SECTIONS OF 14 C.F.R. FROM WHICH T ACKLEBOX ENTERTAINMENT LLC SEEKS E XEMPTION........... .........................................8
THE EXTENT OF RELIEF TACKLEBOX ENTERTAINMENT LLC SEEKS AND THE REASON TACKLEBOX ENTERTAINMENT LLC SEEKS THE RELIEF.....................

........................................................................................ ....11
THE REASONS WHY GRANTING TACKLEBOX ENTERTAINMENT LLC ’S REQUEST WOULD BE IN THE PUBLIC INTEREST .................

............. ........15
THE REASONS WHY GRANTING THE EXEMPTION WOULD NOT ADVERSELY AFFECT SAFETY..........................................................................19
SUMMARY THAT CAN BE PUBLISHED IN TH E FEDERAL REGISTER......34 ANY ADDITIONAL INFORMATION, VIEWS, OR ARGUMENTS AVAILABLE TO SUPPORT TACKLEBOX ENTERTAINMENT LLC ’S REQUEST...

.............................................................................. .....34
CONCLUSION.......................................................................... ..........................................35
APPENDICES........................................................................................373 **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) Section 333 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**
TackleBox Entertainment LLC 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 pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (FMRA). This exemption will permit TackleB ox Entertainment LLC to operate an Unmanned Aircraft System (UAS) for the commercial purpose of conducting aerial video a nd photography within the National Airspace System

. **INTRODUCTION AND INTERESTS OF THE PETITIONER**
TackleBox Entertainment LLC is a vari ed media production company based in Nashville, TN. TackleBox Entertainment provides its clients with expertise and knowledge in various forms of visual and audio media. TackleBox Entertainment has over
1 0 years of professional expe rience in various form s of media and is recognized as a leading company in this field. The objective of TackleBox Entertainment aerial video and photography operation s is to provide high quality imaging for a variety of comme rcial, public, and residential uses, specifically ta rgeting:

x Music Videos

x Commercials

x Reality Television

x Motion Picture Filming5 **BACKGROUND**
Unmanned Aircraf t Systems: DJI Phantom 2, Phantom 3 and DJI Inspire 1 UASs
TackleBox Entertainment LLC seeks an exemption to operate DJI systems for compensation or hire within the NAS. The DJI Phantom 2, Phantom 3 and DJI Inspire 1 are vertical takeoff and landing (VTOL) Unmanned Aircraft (UA) with a Ground Control Station (GCS) utilizing electronic tablet or smart phone sy stems. The DJI Phantom 2 and
Phantom 3 have a maximum gross weight of approximately 2 pounds 11 ounces, while having a length of 16 inches width of 16 inches, height of 8 inches, and a maximum speed of approximately 29 knots. The DJI Inspire 1 has a maximum gross weight of 6 pounds 7.5 ounces, a le ngth of 17.3 inches, width of 17.7 inches, height of 11.8 inches, and a maximum speed of approximately 42 knots. The DJI Phantom 2, Phantom 3 and DJI Inspire 1 UASs are equipped with four main rotors; driven by Lithium Polymer battery powered electric moto rs. The DJI Phantom 2, Phantom 3 and DJI Inspire 1 UAs that will be operated by
TackleBox Entertainment LLC will be registered in accordance with 49 U.S.C. 44103, Registration of Aircraft , as well as 14 C.F.R Part 47, Aircraft Registration , and marked in accordance with 14 C.F.R. Part 45, Identification and Registration Marking

. **BASIS FOR PETITION** Petitioner, TackleBox Entertainment LLC , pursuant to the provisions of the Federal Aviation Regulations (14 C.F.R. § 11.61) and the FAA Moderniz ation 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 2, Phantom 3 and DJI Inspire 1 UASs in the National Airspace System (NAS), and for an exemption from6 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
wit h the unmanned aircraft and its operation, TackleBox Entertainment LLC op eration of DJI Phantom 2, Phantom 3 and DJI Inspire 1 UASs meets the conditions of FMRA Section 333 and therefore, will not require an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H. Accordingly, TackleBox Entertainment LLC requests relief from Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b), as these sections set forth requirements for maintenance that only apply to aircraft wit h an airworthiness
certificate.
TackleBox Entertainment LLC submits that the requested relief is proper since an equivalent level of safety will be ensured. TackleBox Entertainment LLC will use experienced personnel or technicians to perform maintenance, alterations, or preventive maintenance on the UASs using the methods, techniques, and practices prescribed in the operating documents (i.e., Monthly Maintenance Log , and DJI Phantom 2, Phantom 3 and DJI Inspire 1 Instruction Manual). Furthermore, TackleBox Entertainment LLC will
document and maintain all maintenance records for the DJI Phantom 2, Phantom 3 and DJI Inspire 1 UASs. Relief from certain requirements of Section 61.113(a) and (b), entitled Private pilot privileges and limitations: Pilot in comma nd , is requested by TackleBox Entertainment 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, by7 meeting minimum flight

- hour and currency requirements, that the PIC is able to safely operate the DJI Phantom 2, Phantom 3 and DJI Inspire 1 UASs in a manner consistent with this exemption, including evasive and emergency maneuvers and maintaining appropr iate distances from people, vessels, vehicles and structures.
TackleBox Entertainment LLC seeks relief from Section 91.7(a), entitled Civil aircraft airworthiness , because the DJI Phantom 2, Phantom 3 and DJI Inspire 1 UASs do not require an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H. As such, TackleBox Entertainment LLC will ensure that the DJI Phantom 2, Phantom 3 and DJI Inspire 1 UASs are in an airworthy condition, prior to every flight, by determining
that the UASs are i n compliance with the operating documents (i.e., Monthly Maintenance Log, and DJI Phantom 2, Phantom 3 and DJI Inspire 1 Instruction Manual), and that the aircraft are in a condition for safe flight.
TackleBox Entertainment LLC also seeks an exemption fro m the requirements of Section 91.121, entitled Altimeter Settings , as the DJI Phantom 2, Phantom 3 and DJI Inspire 1 UAs will not have a typical barometric altimeter onboard. However, altitude
information of DJI Phantom 2, Phantom 3 and DJI Inspire 1 UAs w ill be provided to the PIC via Global Positioning System (GPS) equipment and radio communications telemetry data link, which downlinks from the UA to the GCS for active monitoring of the flight path. This altitude information, combined with TackleBox Enter tainment LLC’s operation
of the DJI Phantom 2, Phantom 3 and DJI Inspire 1 UASs within visual line of sight, at or below 500 feet AGL, will ensure a level of safety equivalent to Section 91.121. Additionally, TackleBox Entertainment LLC seeks an exemption from the requirements of Section 91.151(b), entitled Fuel requirements for flight in VFR conditions

.8 TackleBox Entertainment LLC submits that safety will not be affected by operation of the DJI Phantom 2, Phantom 3 and DJI Inspire 1 UASs 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 approximately 13.5 minutes to the first point of intended landing and, assuming normal cruising speed, to fly after tha t for at least 4.5 minutes. In accordance with 14 C.F.R. § 11.81, TackleBox Entertainment LLC provides the following information in support of its petition for exemption:
**A. Name And Address Of The Petitioner.** 
The name and address of the Petitioner and point of contact is:
TackleBox Entertainment LLC 1200 Clinton Street Suite 241 Nashville, TN 37203 615

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- 0093 shaun @tackleboxfilms.com **B. The Spec ific Sections Of 14 C.F.R. From**  **Which TackleBox Entertainment LLC**  **Seeks Exemption.**
**1. TackleBox**  **Entertainment LLC Seeks Exemption From The Requirements**  **Of Section 61.113(a) And (b).** Section 61.113, entitled Private pilot privileges and limitations: Pilot in command , subsections (a) and (b) prescribe the following, in relevant part: (a) No person who holds a private pilot certificate may act as a pilot in command (PIC) of an aircraft that is carrying passengers or property for compensation or hire; nor may that person, for compensation or hire, act as PIC of an aircraft. (b) A privat e 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 compensati on or hire.9 **2. TackleBox Entertainment LLC**  **Seeks Exemption From The Requirements Of Section 91.7(a).**  Section 91.7, entitled Civil aircraft airworthiness , subsection (a), states the following: (a) No person may operate a civil aircraft unless it is in an airworthy condition.
**3. TackleBox Entertainment LLC**  **Seeks Exemption From The Requirements Of Section 91.121.**  Section 91.121, entitled Altimeter settings , subsection (a), states the following, in part: (a) Each person operating an aircraft shall maintain the cruising 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 reporte d altimeter setting of a station along the route and within 100 nautical miles of the aircraft; (ii) If there is no station within the area prescribed in paragraph (a)(1)(i) of this section, the current reported altimeter setting of an appropriate availab le station; or (iii) In the case of an aircraft not equipped with a radio, the elevation of the departure airport or an appropriate altimeter setting available before departure.
**4. TackleBox Entertainment LLC**  **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.10 **5. TackleBox Entertainment LLC**  **Seeks Exemption From The Requirement Of Section 91.405(a).**  Section 91.405, entitled Maintenance required , subsection (a), states the following: Each owner or operator of an aircraft

— (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. TackleBox Entertainment LLC**  **Seeks Exemption From The Requirements**  **Of Section 91.407(a)(1)**  Section 91.407, entitled Operation after maintenance, preventive maintenance, rebuilding, or alteration , subsection (a)(1), states the following: (a) No person may operate any aircraft that has undergone maintenance, preventive maintenance, rebuilding, or alteration unless

-- (1) It has been approved for return to service by a person authorized under § 43.7 of this chapter[.]
**7. TackleBox Entertain**  **ment LLC 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 paragraph (c) of this section, no person may operate an aircra ft unless, within the preceding 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 authorized by § 43.7 of this chapter; or (2) An inspection for the issuance of an airworthiness certificate in accordance with part 21 of this chapter.11 **8. TackleBox Entertainment LLC**  **Seeks Exemption From The Requirements Of Sections 91.417(a) And 91.417(b).**  Section 91.417, entitled Maintenan ce records , subsections (a) and (b), state the following: (a) Except for work performed in accordance with §§ 91.411 and 91.413, each registered owner or operator shall keep the following records for the periods specified in paragraph (b) of this section: (1) Records of the maintenance, preventive maintenance, a nd alteration and records of the 100

- hour, annual, progressive, and other required or approved inspections, as appropriate, for each aircraft (including the airframe) and each engine, propeller, rotor, and 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 number of the person approving the aircraft for return to service. (2) Records containing the following information: (i) The total time in service of the airframe, each engine, each propeller, and each rotor. (ii) The current status of life

- limited parts of each airframe, engine, propeller, rotor, and appliance. (iii) The time since last overhaul of all items installed on the aircraft which are required to be overhauled on a specified time basis. (iv) The cur rent inspection status of the 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 safe ty directives including, for each, the method of compliance, the AD or safety directive number and revision date. If the AD or safety directive involves recurring action, the time and date when the next action is required.12 (vi) Copies of the forms prescri bed 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: (1) The records speci fied in paragraph (a)(1) of this section shall be retained until the work is repeated or superseded by other work or for 1 year after the work is performed. (2) The records specified in paragraph (a)(2) of this section shall be retained and transferred wi th 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**  **TackleBox Entertainment LLC Seeks And The Reason**  **TackleBox Entertainment LLC Seeks The Relief.** 
**1. Extent Of Relief TackleBox Entertainment LLC**  **Seeks And The Reason TackleBox Entertainment LLC**  **Seeks Re lief From Section 61.113(a),**  **(b).**
Rel ief from Section 61.113(a) and (b) entitled Private pilot privileges and
limitations: Pilot in command , is requested to the extent necessary to allow a PIC holding a private pilot or higher level certificate, as well as a current and valid airman medical

c ertificate, and who has met certain flight

- hour and currency requirements, to conduct the proposed UAS flight operations for compensation or hire. This relief is requested since the limitations set forth in Section 61.113(a) and (b) state that a private p ilot may, for compensation or hire, act as PIC of an aircraft in connection with any business or employment if: (1) The flight is only incidental to that business or employment; and (2) The aircraft does not carry passengers or property for compensation or hire.13 As set forth more fully below, TackleBox Entertainment LLC submits that an equivalent level of safety will be maintained because no PIC will be allowed to o perate the DJI Phantom 2, Phantom 3 or DJI Inspire 1 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 2, Phantom 3 or DJI Inspire 1 UAS in a manner consistent with the operations specificati ons as described in this exemption, including evasive and emergency maneuvers, as well as maintaining appropriate distances from people, vessels, vehicles and

structures. Further, TackleBox Entertainment LLC submits that all flig hts of the DJI Phantom 2, P hantom 3 and DJI Inspire 1 UASs, conducted by the PIC pursuant to the grant of this
Peti tion will not carry passengers or property for compensation or hire.
**2. Extent Of Relief TackleBox Entertainment LLC**  **Seeks And The Reason TackleBox Entertainment LLC**  **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 TackleBox Entertainment LLC to determin e that the DJI Phantom 2, Phantom 3 and DJI Inspire 1 UASs are in ai rworthy condition prior to every flight by ensuring that the UAS is in compliance with the operating documents (i.e., the TackleBox
Entertainment LLC Aerial Operations Manual, Monthly Maintenanc e Log, and DJI Phantom 2, Phantom 3 and DJI Inspire 1 Instruct ion Manual).
TackleBox Entertainment LLC seeks the requested relief because the DJI Phantom 2, Phantom 3 and DJI Inspire 1 UASs do not require an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H. Therefore, TackleBox Entertainment LLC
will ensur e that the DJI Phantom 2, Phantom 3 and DJI Inspire 1 UASs are in airworthy condition based upon its compliance with the operating documents (i.e ., Monthly14 Maintenance Log, and DJI Phantom 2, Phantom 3 and DJI Inspire 1 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 TackleBox Entertainment LLC**  **Seeks And The Reason TackleBox Entertainment LLC**  **Seeks Relief From Section 91.121.** Relief from Section 91.121, entitled Altimeter settings , may be required to allow flight operations of the DJI Phantom 2, Phantom 3 and DJI Inspire 1 UASs, which utilize a barometric pressure sensor, GPS equipment, and a radio communications telemetry data link to downlink altitude information from the UA to the PIC at the ground control station (GCS). Since the FAA requires that any altitude information concerning UAS operations be reported t o air traffic control (ATC) in feet above ground level (AGL), TackleBox
Entertainment LLC seeks the requested relief b ecause the DJI Phantom 2, Phantom 3 and DJI Inspire 1 UA’s altimeter may be set on the ground to zero feet AGL, rather than the
local baro metric pressure or field altitude, before each flight. Considering the limited altitude of the proposed operations, relief from 14 CFR 91.121 is sought to the extent necessary to comply with the applicable conditions and
limitations stated below. As more fully set forth herein, an equivalent level of safety will
be maintained since the DJI Phant om 2, Phantom 3 and DJI Inspire 1 UAs are equipped with a barometric pressure sensor and GPS equipment, which automatically ensures that a ground level pressure set ting 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.15 **4. Extent Of Relief TackleBox Entertainment LLC**  **Seeks And The Reason TackleBox Entertainment LLC**  **Seeks Relief From Section 91.151(b).** Relief from Section 91.151(b) entitled Fuel requirements for flight in VFR
conditions , is requested to the extent required to allow flights of the batte ry powered DJI Phantom 2, Phantom 3 and DJI Inspire 1 UAs during daylight hours in visual meteorological conditions (VMC), under visual flight rules (VFR), for a total duration of 13.5 minutes to the first point of intended landing and, assuming normal cruising speed, to fly after that for at least 4.5 minutes. TackleBo x Entertainment LLC seeks the requested relief because without an exemption from Section 91.151(b), the flight time duration of the battery powered D JI Phantom 2, Phantom 3 and DJI Inspire 1 UAs will severely constrain the practicality of any aerial video or still photo flight operations that TackleBox
Entertainment LLC proposes to conduct pursuant to this Petition. Significantly, as set forth below, the technical specificati ons of the DJI Phantom 2,
Phantom 3 and DJI Inspire 1 UASs, the DJI Phantom 2, Pha ntom 3 and DJI Inspire 1 operating documents, and TackleBox Entertainment LLC’s proposed operating limitations,
ensure that TackleBox Entertainment LLC will safely operate the battery powered DJI Phantom 2, Phantom 3 and DJI Inspire 1 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 13.5 minutes to the first point of intended landing and, assuming normal cruising speed, to fly after that for at leas t 4.5 minutes.
**5. Extent Of Relief TackleBox Entertainment LLC**  **Seeks And The Reason TackleBox Entertainment LLC**  **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 airworthiness certificate, TackleBox Entertainment LLC16 requests relief from these Sections b ecause the DJI Phantom 2, Phantom 3 and DJI Inspire 1 UASs do not require airworthiness certific ates. As set forth more fully below, the DJI Phantom 2, Phantom 3 and DJI Inspire 1 UASs meet the conditions of FMRA Section 333 for operation without an airworthiness certificate. Accordingly TackleBox Entertainment
LLC will use trained technicians to perform maintenance, alterations, or preventive maintenance on the UASs using the methods, techniques, and practices prescribed in the UAS operating documents (i.e., the TackleBox Entertainment LLC Aerial Operations Manual, Monthly Maintenanc e Log, and DJI Phantom 2, Phantom 3 and DJI Inspire 1 Instruction Manual). Furthermore, TackleBox Entertainment LLC will document and
maintain all maintenance recor ds for the DJI Phantom 2, Phantom 3 and DJI Inspire 1
UASs. **D. The Reasons Why Granting TackleBox Entertainment LLC**  **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 TackleBox
Entertainment LLC t o safely, efficiently, and economically perform aerial video a nd photography operations over certain areas of the United States , within the National Airspace System

. Additionally, use of the DJI Phantom 2, Phantom 3 and DJI Inspire 1 UASs will
decrease co ngestion of the NAS, reduce pollution, and provide significant benefits to the economy. Notably, the benefits of TackleBox Entertainment LLC’s proposed operat ion of the DJI Phantom 2, Phantom 3 and DJI Inspire 1 UASs will be realized without implicating an y privacy issues.17 **1. The Public Will Benefit From Decreased Congestion Of The NAS.** The DJI Phantom 2, Phantom 3 and DJI Inspire 1 UAs are battery powered and serve as a safe, efficient, and economical alternative to the manned aircraft traditionally

ut ilized to obtain aerial imagery. By reducing the amount of manned aircraft needed to perform aerial acquisitions, an exemption allowing th e use of a DJI Phantom 2, Phantom 3 or DJI Inspire 1 UAS would reduce the amount of manned aircraft in the NAS, reduce noise and air pollution, as well as increase the safety of life and property in the air and on the ground. Furthermore, by reducing the number of manned aircraft operating in the NAS, congestion around airports caused by arriving and departing aircraft will be reduced. The
DJI Phantom 2, Phantom 3 and DJI Inspire 1 UAs do not require an airport to takeoff or
la nd. Likewise, a reduction of manned aircraft conducting aerial video and photography missions would result in fewer aircraft that must be handled by air traffic control during the ground, takeoff, departure, arrival, and landing phases of flight operations

. **2. The Public Will Benefit From The Safety And Efficiency Of The DJI**  **Phantom 2, Phantom 3 and DJI Inspire 1**  **UASs.** Conducting aerial acquisitions with the DJI Phantom 2, Phantom 3 and DJI Inspire
1 UASs, instead of manned aircraft, will greatly benefit the public by drastically reducing the levels of air and noise pollution generated during traditional aerial video and still photography flight operations. By using battery power and electric motors, the DJI Phantom 2, Phantom 3 and DJI Inspire 1 UASs prod uce no air pollution, and are 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 DJI18 Phantom 2, Phantom 3 and DJI Inspire 1 UAs, while reducing the carbon footprint of aerial acquisitions, also eliminates noise pollution, as the UAs are propelled by battery powered electric motors, rather than an internal combustion engine. By using the DJI Phantom 2, Phantom 3 and DJI Inspire 1 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 f light operations, will be substantially reduced or completely eliminated. Aside from the lack of flight crew members located onboard the aircraft, the DJI Phantom 2, Phantom 3 and DJI Inspire 1 UAs (weighing approximately 2 pounds 11 ounces and 6 pounds 7. 5 ounces respectively, at their maximum gross weights with lengths of 16 inches and 17.3 inches respectively, widths of 16 inches and 17.7 inches respectively, and with no fuel on board), has less physical potential for collateral damage to life and proper ty 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. Perform ing Aerial Video and Photography Operation**  **s With The DJI Phantom 2, Phantom 3**  **and DJI Inspire 1 UASs Will Benefit The Economy.** In addition to being safe and efficient, the DJI Phantom 2, Phantom 3 and DJI Inspire 1 UASs are also an economical alternative to using manned aircraft to conduct similar aerial operations. As such, operation of the DJI Phantom 2, Phantom 3 and DJI Inspire 1 UASs will allow United States based companies, like TackleBox Entertainment
LLC , to remain competitive and contribute to growth of the U.S. economy. Specifically, with the rising cost of aviation fuel and the Environmental Protection Agency (“EPA”) regulatory actions phasing out leaded aviation fuels, U.S. owned and operated companies19 mus t adopt new and alternative technology in order to remain competitive. Operating the battery powered DJI Phantom 2, Phantom 3 and DJI Inspire 1 UASs is one such technology that not only allows companies greater operational flexibility compared to
manned ai rcraft, but provides such flexibility without the high operational cost of a
traditional manned aircraft. By operating the DJI Phantom 2, Phantom 3 and DJI Inspire 1 UASs, companies
such as TackleBox Entertainment LLC , can remain competitive and profitabl e, and therefore, provide greater job stability to employees and contractors, which will ultimately contribute to growth of the U.S. economy. Improved financial performance of U.S. companies, through commercial use of the DJI Phantom 2, Phantom 3 and DJI I nspire 1 UASs, provides a stable workforce that increases consumer spending; improves local, state, and federal tax revenues; and allows companies to invest in research and development in order to remain competitive both in the United States and abroad. **4. There Are No Privacy Issues.** Similar to the manned aerial acquisition flight operations that have been conducted for decades, TackleBox Entertainment LLC’s proposed operation of the DJI Phantom 2,
Phantom 3 and DJI Inspire 1 UASs will not implicate an y privacy issues. Specifically, the DJI Phantom 2, Phantom 3 and DJI Inspire 1 UASs will be operated only in compliance with operating documents (i.e., the TackleBox Entertainment LLC Aerial Operations Manual, Monthly Maintenanc e Log, and DJI Phantom 2, Phantom 3 and DJI Inspire 1 Instruction Manual) which requires property owner involvement as well as local law enforcement notification, and in accordance with the Federal Aviation Regulations, including the minimum altitude requirements of 14 C.F.R. § 91. 119.20 **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 TackleBox Entertainment LLC**  **Seeks Exemption.**  **1. Reasons Why The DJI P**  **hantom 2, Phantom 3 and DJI Inspire 1 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, TackleBox Entertainment LLC ’s operation of
the DJI Phantom 2, Phantom 3 and DJI Inspire 1 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 airworthiness certification and sets forth requirements for considering whether a UAS will create a hazard to users of the NAS or the public, or otherwise pose a threat to national security. Speci fically, 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 certa in 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 Aircraft Syste ms.
-- In making the determination under subsection (a), the Secretary shall determine, at a minimum

-- (1) which types of unmanned aircraft systems, if any, as a result of their size, weight, speed, operational capability, proximity to airports and populate d 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 airworthines s certification under section 44704 of title 49, United States Code, is required for the operation of unmanned aircraft systems identified under paragraph (1).21 (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 aircra ft systems in the national airspace system. In seeking this exemption, TackleBox Entertainment LLC submits that the DJI Phantom 2, Phantom 3 and DJI Inspire 1 UASs can operate safely in the NAS pursuant to FMRA Section 333, as demonstrated by: (a) the ch aracteristics of the DJI Phantom 2,
Phantom 3 and DJI Inspire 1 UASs; (b) the pilot certification requirement; and (c) the specific operating limitations. **a. The Specifications Of The DJI Phantom 2, Phantom 3**  **and DJI Inspire 1 UASs Demonstrate Its Safe Ch**  **aracteristics.** The DJI Phantom 2, Phantom 3 and DJI Inspire 1 UASs do not create a hazard to users of the NAS or the public, or otherwise pose a threat to national security considering its size, weight, speed, and operational capability.
**i . Technical Specifications Of The**  **DJI Phantom 2, Phantom 3 and DJI** 

**Inspire 1 UASs.**  The technical specifications of the DJI Phantom 2, Phantom 3 and DJI Inspire 1 UASs are set forth by DJI Phantom 2, Phantom 3 and DJI Inspire 1 Specifications and
Data She et, attached hereto as Exhibit A , B and C

. **ii. The DJI Phantom 2, Phantom 3**  **and DJI Inspire 1 UASs**  **Autonomous Flight And Navigation Modes Enable The UASs To Remain Within A Defined Operational Area.**  The DJI Phantom 2, Phantom 3 and DJI Inspire 1 UASs ma y be operated in both manual and fully autonomous flight modes. A complete description of the flight and navigational modes of the DJI Phantom 2, Phantom 3 and DJI Inspire 1 UASs is provided in the DJI Phantom 2, Phantom 3 and DJI Inspire 1 User Manua ls, attached hereto as Exhibit D, E and F

.22 **iii. The DJI Phantom 2, Phantom 3**  **and DJI Inspire 1 UASs 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 2, Phantom 3 and DJI Inspire 1
UAs will remain stationary, in flight, for 3 seconds or more. If, after 3 seconds, the DJI
Phantom 2, Phantom 3 and DJI Inspire 1 UAs do not reacquire control link data from the GCS, the UAs will assume that the Contr ol 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 Functi ons of the DJI Phantom 2, Phantom 3 and DJI Inspire 1 UAS are s et forth in the DJI Phantom 2, Phantom 3 and DJI Inspire 1 User Manuals, attached hereto as Exhibit D, E and F
**iv. The DJI Phantom 2, Phantom 3**  **and DJI Inspire 1 GCS And Its**  **Operation.** A complete description of the operation and specificati ons of the DJI Phantom 2,
Phantom 3 and DJI Inspire 1 GCS and flight control software is provided in the DJI Phantom 2, Phantom 3 and DJI Inspire 1 User Manuals, attached hereto as Exhibit D, E
and F

. **b. Flight Operations Of DJI Phantom 2, Phantom 3**  **and DJI Inspire 1 UASs**  **Are Limited To The Line Of Sight Of A Certificated Pilot in Command With A Safety Observer.**  TackleBox Entertainment LLC will only utilize certificated pilots who possess a current and valid airman medical certificate to act as a pilot in command (P I C) of the DJI Phantom 2, Phantom 3 and DJI Inspire 1 UASs. Additionally, a safety observer will assist all pilots during flight time.23 **c. Flights Of DJI Phantom 2, Phantom 3**  **and DJI Inspire 1 UASs Will Be**  **Conducted Pursuant To Specific Operating Limitatio ns.**  In seeking this exemption, TackleBox Entertainment LLC proposes to
commercial ly operate DJI Phantom 2, Phantom 3 and DJI Inspire 1 UASs for the special purpose of conducting aerial video and photography over certain areas of United States, pursuant t o the following specific operating limitations: 1. Operations authorized by this grant of exemption will be limited to the following aircraft described in the operating documents, rotorcraft UASs weighing less than 55 pounds maximum gross weight: DJI Phant om 2, Phantom 3 and DJI Inspire 1 Unmanned Aircraft Systems. Proposed operations of any other aircraft will require a new petition or a petition to amend this grant. 2. UAS operations under this exemption will be limited to conducting operations for the purpose of aerial video and photography. 3. The UAs may not be flown at an indicated airspeed exceeding 20 knots. 4. The UA must be operated at an altitude of no more than 500 feet above ground level (AGL), as indicated by the procedures specified in the operating documents unless a special request is made and approved by ATC. All altitudes reported to ATC must be in feet AGL. 5. The UAs must be operated within visual line of sight (VLOS) of the PIC at all times. This requires the PIC to be able to use human vision unaided by any device other than corrective lenses, as specified on the PIC’s FAA

- issued airman medical certificate. 6. The use of first person view (FPV) by the PIC or safety observer (SO) is not permitted. 7. All operations must utilize a safety observer (SO). The SO may be used to satisfy the VLOS requirement as long as the PIC always maintains VLOS capability. The SO and PIC must be able to communicate verbally at all times. Electronic 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 duratio n 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 other duties beyond assisting the PIC with seeing and avoiding other air traffic and other ground based obsta cles/obstructions and is not permitted to operate the camera or other instruments.24 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 exist s between the conditions and limitations contained in the grant of exemption and the procedures outlined in the operating documents, the conditions and limitations contained in the grant of exemption take precedence and must be followed. Otherwise, the ope rator must follow the procedures as outlined in its operating documents. The operator may update or revise its operating documents. It is the operator’s responsibility to track such revisions and present updated and revised documents to the Administrator u pon 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 revision would affect the basis upon which the FAA granted the exe mption, then the operator must petition for amendment to its grant 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 mus t inspect the UAS to ensure that it is in a condition for safe flight. If the inspection reveals a condition that affects the safe operation of the UAS, the aircraft is prohibited from operating until the necessary maintenance has been performed and the UA S is found to be in a condition for safe flight. The Ground Control Station must be included in the preflight inspection. All maintenance and alterations must be properly documented in the aircraft records. 11. Any UAS that has undergone maintenance or a lterations that affect the UAS operation or flight characteristics, e.g. replacement of a flight 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. Th e 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/c omponent, maintenance, overhaul, replacement, inspection, and life limit requirements. 14. The operator must carry out its maintenance, inspections, and record keeping requirements, in accordance with the operating documents. Maintenance, inspection, alt erations, and status of replacement/overhaul component parts must be noted in the aircraft records, including total time in service, description of work accomplished, and the signature of the authorized person returning the UAS to service. 15. Each UASs operated under this exemption must comply with all manufacturer Safety Bulletins. 16. The authorized person must make an entry in the aircraft record of the corrective action taken against discrepancies discovered between inspections.25 17. The PIC must possess at least a private pilot certificate and at least a current third

- class medical certificate. 18. The operator may not permit any PIC to operate unless the PIC 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 under the exemption, including evasive and emergency maneuvers and maintaining appropriate distances from persons, vessels, vehicles and structures. PIC qualification fligh t 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 s essions. During training, proficiency, and experience

- building flights, all persons not essential for flight operations are considered nonparticipants, and the PIC must operate the UA with appropriate distance from nonparticipants in accordance with 14 C.F .R. § 91.119. 19. UAS operations may not be conducted during night, as defined in 14 C.F.R. § 1.1. All operations must be conducted under visual meteorological conditions (VMC). If flight at night is required, a special request will be made at the FAA of fice closest to proposed area of operations. Flights under special visual flight rules (SVFR) are not authorized. 20. The UA may not operate within 5 nautical miles of an airport reference point as denoted on a current FAA

- published aeronautical chart un less a letter of agreement with that airport’s management is obtained, and the operation is conducted in accordance with a NOTAM as required by the operator’s COA. The letter of agreement with the airport management must be made available to the Administra tor 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 mus t 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 obstacles or emergencies in accordance with the op erating documents. 24. The PIC is prohibited from beginning a flight unless (considering wind and forecast weather conditions) there is enough power to fly at normal cruising speed to the intended landing point and land the UA with 25% battery power rema ining.26 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 Airm an (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 tran sponder 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, Subp art 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 oversigh t agency requirements. 28. The documents required fewer than 14 C.F.R. 91.9 and 91.203 must be available to the PIC at the Ground Control Station of the UAS any time the UAS is operating. These documents must be made available to the Administrator or any law enforcement official upon request. 29. The 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 device or vehicle. 31. Flight operations must be conducted at least 500 feet from all nonparticipating persons (persons other than the PIC, SO, operator trainees or essential persons), vessels, vehicles, and structures unless: a. Barriers or structures are present that sufficiently protect nonparticipating pers ons 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, fl ight operations must cease immediately and/or; b. The aircraft is operated near vessels, vehicles or structures where the owner/controller of such vessels, vehicles or structures has granted permission and the PIC has made a safety assessment of the risk of operating closer to those objects and determined that it does not 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).27 32. All ope rations shall be conducted over private or controlled

- access property with permission from the land owner/controller or authorized representative. Permission from land owner/controller or authorized representative will be obtained for each flight to be con ducted. 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 Safety Board (NTSB) 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.** TackleBox Entertainment LLC submits that the equivalent level of safety established by Section 61.113(a) and (b) will be maintained because no PIC will be
al lowed to operate the DJI Phantom 2, Phantom 3 and DJI Inspire 1 UASs unless that PIC has demonstrated, by meeting minimum flight

- hour and currency requirements, that the PIC is able to safely operate the DJI Phantom 2, Phantom 3 and or DJI Inspire 1 UAS in a

manner consistent with the exemption, including evasive and emergency maneuvers and maintaining appropriate distances from people, vessels, vehicles and structures. Considering TackleBox Entertainment LLC ’s proposed area of operations, and the operatin g limitations set forth

- above; the parallel nature of private pilot aeronautical knowledge requirements to those of commercial pilot requirements ( See Exemption No. 11062); and the airmanship skills necessary to safely o perate the DJI Phantom 2, Phantom
3 and or DJI Inspire 1 UAS, TackleBox Entertainment LLC submits that the additional manned airmanship experience of a commercially certificated pilot would not correlate to the airmanship skills necessary for TackleBox Entertainment LLC ’s specific proposed
f light operations. The FAA has previously granted relief from Section 61.113(a) and (b) specific to UAS, in circumstances similar, in all material respects, to those presented herein (e.g.28 Exemption Nos. 11062, 11063, 11064, 11065, 11066, 11067, 11080, 111 09, 11110, 11112, 11136, 11138, 11150, 11153, 11156, 11158, 11159, 11160, 11161).
TackleBox Entertainment LLC will not allow any PIC to o perate the DJI Phantom 2, Phantom 3 or DJI Inspire 1 UAS unless that PIC has demonstrated, by meeting minimum flight

- h our requirements or the DJI Phantom 2, Phantom 3 or DJI Inspire 1 UAS training and currency requirements, that the PIC is able to safely operate the DJI Phantom 2, Phantom 3 or DJI Inspire 1 UAS in a manner consistent with this exemption, including evasive and emergency maneuvers and maintaining appropriate distances from people, vessels, vehicles and structures. Specifically, the PIC must have accumulated and logged, in a manner consistent with 14 C.F.R. § 61.51(b), 25 hours of total time as a UAS rotorcraft pilot (with a minimum of 5 hours of those hours as a UAS pilot operating the same make and model of UAS to be used for operations under the exemption). In addition to the hour requiremen ts, 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 that was obtained in compliance with applicable regulations will ensure an equivalent level of safety during TackleBox Entertainment LLC ’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 tot al time as a UAS rotorcraft pilot including at least 10 hours logged as a UAS pilot with a multi

- rotor UAS. Prior to operations under Exemption No. 11062, the PIC must also have accumulated and logged a minimum of 5 hours as a UAS pilot29 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 appropriate to practice and build proficiency in the skills necessary to safely conduct the petitioner’s proposed operations. The FAA also finds that prior documented flight experience that was obtained in compliance with applicable regulations would 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 training, proficiency, and ex perience

- 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, TackleBox Entertainment LLC will ensure safe operations by not allowing any PIC t o o perate the DJI Phantom 2, Phantom 3 or DJI Inspire 1 UAS unless that PIC has demonstrated, by meeting minimum flight

- hour and currency requirements, that the PIC is able to safely o perate the DJI Phantom 2, Phantom 3 or DJI Inspire 1 UAS
in a manner con sistent with the exemption, including evasive and emergency maneuvers and maintaining appropriate distances from people, vessels, vehicles and structures. **3. Reasons Why An Exemption From The Requirements Of Section 91.7(a) Would Not Adversely Affect Safe**  **ty.** The equivalent level of safety established by Section 91.7(a) will be maintained because prior to every flight, TackleBox Entertainment LLC will ensur e that the DJI Phantom 2, Phantom 3 or DJI Inspire 1 UAS is in an airworthy condition based upon the UAS’s compliance with its operating documents and as stated in the conditions and
limitations herein. Additionally, the FAA has previously granted relief from Section 91.7(a) specific to UAS, in circumstances similar, in all material respects, to those p resented herein (e.g.30 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 2, Phantom 3 and DJI Inspire 1 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 altitude informati on , combined with TackleBox Entertainment LLC ’s operation of the DJI Phan tom 2, Phantom 3 and DJI Inspi re 1 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 in itiation point is automatically established by the UASs at ground level. The FAA has previously granted relief from Section 91.121 specific to UAS, in circumstances similar, in all material respects, to those presented herein (e.g. Exemption Nos. 11062, 1 1063, 11064, 11065, 11066, 11067, 11080, 11109, 11112, 11136, 11138, 11150, 11153, 11156, 11157, 11158, 11159, 11160, 11161). **5. Reasons Why An Exemption From The Requirements Of Section 91.151(b) Would Not Adversely Affect Safety.**  A grant of this exemption would ensure an equivalent level of safety established by 14 C.F.R. Section 91.151(b) as a result of (1) the technical specifications of the DJI Phantom 2, Phantom 3 and DJI Inspire 1 UASs; (2) the limitations on the proposed flig ht operations; and (3) the location of the proposed flight operations. Accordingly, TackleBox
Entertainment LLC will ensure that it will safely operate the battery powered DJI Phantom31 2, Phantom 3 and DJI Inspire 1 UAs during daylight hours in VFR conditio ns, with enough battery power to fly for a total duration of 13.5 minutes to the first point of intended landing and, assuming normal cruising speed, to fly after that for at least 4.5 minutes. Here, as in Exemption No. 11109, the technical specifications of the DJI Phantom 2, Phantom 3 and DJI Inspire 1 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. Section 91.151(b). Furthermore, safe ty will be ensured as the DJI Phantom 2, Phantom 3 and DJI Inspire 1 UASs provide audible and visual warnings to the PIC at the GCS when the UAs experiences low battery voltage, the first warning occurring at approximately 33% remaining battery power, and again at approximately 10% remaining battery power. At the critically low batter y level, the DJI Phantom 2, Phantom 3 and DJI Inspire 1 UASs will descend and land automatically. Significantly, previous exemptions granted by the FAA concerning Section 91.1 51 establish that safety is not adversely affected when the technical characteristics and operating limitations of the UAS are considered. Relief has been granted for manned aircraft to operate at less than the minimums prescribed in Section 91.151, includ ing Exemption Nos. 2689, 5745, and 10650. Moreover, the FAA has previously granted relief from Section 91.151 specific to UAS, in circumstances similar, in all material respects, to those presented herein (e.g. Exemption Nos. 8811, 10808, 10673, 11042, 110 62, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110, 11136, 11138, 11150, 11153, 11156, 11157, 11158, 11159, 11160, 11161).32 **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, TackleBox Entertainment LLC submits that the equivalent level of safety with regard to the regulatory maintenance and alteration requirements established by Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b) will be met because TackleBox Entertainment LLC w ill use trained technicians to perform maintenance, alterations, or preventive maintenance on the UASs using the methods, techniques, and practices prescribed in the operating documents (i.e.,
the TackleBox Entertainment LLC Aerial Operations Manual, Month ly Maintenance Log, and DJI Phantom 2, Phantom 3 and DJI Inspire 1 Instruction Manual). Furthermore,
TackleBox Entertainment LLC will document and maintain all maintenance rec ords for the DJI Phantom 2, Phantom 3 and DJI Inspire 1 UASs.
Since the DJI Phan tom 2, Phantom 3 and DJI Inspire 1 UASs will be inspected as prescribed by the operating documents, TackleBox Entertainment LLC will maintain the equivalent level of safety established by Sections 91.405(a), 91.409(a)(1), and 91.409(a)(2). A c opy of the DJ I Phantom 2, Phantom 3 and DJI Inspire 1 User Manuals are attached hereto as Exhibit D, E and F ; a c opy of the DJI Phantom 2, Phantom 3 and DJI Inspire 1 UAS Maintenance LOG is attached hereto as Exhibit G

. Likewise, the exemption sought will not adversel y affect safety because TackleBox
Entertainment LLC will use trained technicians to perform maintenance, alterations or preventive maintenance on the UAS using the methods, techniques, and practices prescribed by the operating documents. Furthermore, the exemption sought would maintain an equivalent level of safety established by Sections 91.407, 91.417(a) and 91.417(b), because all maintena nce of the33 DJI Phantom 2, Phantom 3 and DJI Inspire 1 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 affec ted when the technical characteristics and operating limitations of the
UAS are considered.
In consideration of TackleBox Entertainment LLC’s proposed operating limitations, the operating documents, and the technical aspe cts of the DJI Phantom 2,
Phantom 3 and DJI Inspire 1 UASs, TackleBox Entertainment LLC submits that safety will not be adversely affected by granting exemption from 14 C.F.R. Sections 91.405(a), 91.407(a)(1) and (a)(2), 91.409(a)(2), and 91.417(a) and (b). The FAA has previously granted r elief 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,
11 161). **7. The FAA May Prescribe Any Other Conditions For Safe Operation.**
In accordance with Section 333 of the FAA Modernization and Reform Act of 2012 (FMRA) and 14 C.F.R. § 21.16 entitled Special Conditions TackleBox Entertainment LLC requests that the FAA prescribe special conditions for the intended operat ion of the DJI Phantom 2, Phantom 3 and DJI Inspire 1 UASs, which contain such safety standards that the Administrator finds necessary to establish a level of safety equivalent to that established by 14 C.F.R. Part 21, Subpart H, and 14 C.F.R §§ 61.113(a) & (b), 91.7 (a),34 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
conduc ting aerial video and photogr aphy within the National Airspace System for compensation or hire. FMRA Section 333 sets forth the requirements for considering whether a UAS will create a hazard to users of the NAS or the public, or otherwise pose a
threat to national security; and further, provides the authority for such UAS to operate without airworthiness certification in accordance with any requirements that must be 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 operat ion of the DJI Phantom 2, Phantom 3 and DJI Inspire 1 UASs, since the airworthiness regulations of 14 C.F.R. Part 21 do not contain adequate or appropriate safety standards, due to the n ovel or unusual design features of the aircraft. Section 21.16,
entitled Special Conditions , states the following: If the FAA finds that the airworthiness regulations of this subchapter do not contain adequate or appropriate safety standards for an aircra ft, 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 FAA finds necessary to establish a level of safety equivalent to that established in the regulations.
See 14 C.F.R. § 21.16. Therefore, in accordance with FMRA Section 333 and 14 C.F.R. § 21.16, the FAA may prescribe spe cial conditions for TackleBox Entertainment LLC ’s intended operat ion of the DJI Phantom 2, Phantom 3 and DJI Inspire 1 UASs, which contain such safety
standards that the Admin istrator finds necessary to establish a level of safety equivalent to that established by 14 C.F.R. Part 21, Subpart H, and 14 C.F.R Sections 61.113(a) & (b),35 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b).
**F. A Summary That Can Be Published In The**  **Federal Register, stating: The Rules**  **From Which TackleBox Entertainment LLC**  **Seeks Exemption:**
TackleBox Entertainment LLC seeks exemption from the requirements of 14 C.F.R Sections 61.113(a)&(b), 91.7(a), 91.121, 91 .151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b). **A Brief Description Of The Nature Of The Exemption TackleBox**  **Entertainment LLC Seeks:**  This exemption will permit TackleBox Entertainment LLC to commercially operate
an Unmanned Aircraft System (UAS) for the purpose of conducting aerial video and photography over certain areas of the United States , within the National Airspace System

. **G. Any Additional Information, Views, Or Arguments Available To Support**  **TackleBox Enterta** inment LLC’s **Request.** This Petition is made pursuant to the FAA Modernization and Reform Act of 2012 (FMRA) Section 333, which directs the Secretary of Transportation to determine if certain UAS may operate safely in the NAS. As such, TackleBox Entertai nment LLC’s request for exemption may be granted pursuant to the authority of FMRA Section 333 and 14 C.F.R. Part 11, as set forth above. FMRA Section 333 sets forth the requirements for considering whether a UAS will
create a hazard to users of the NAS o r the public, or otherwise pose a threat to national security; and further, provides the authority for such UAS to operate without airworthiness
certification. As discussed in detail above, TackleBox Entertainment LLC will o perate the DJI Phantom 2, Phant om 3 and DJI Inspire 1 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.36 **CONCLUSION** As set forth herein, TackleBox Entertainment LLC seeks an exemption pursuant to
14 C.F.R. § 11.61 and Section 333 of the FAA Modernization and Reform Act of 2012 (FMRA), which will permit safe operat ion of the DJI Phantom 2, Phantom 3 and DJI Inspire 1 UASs commercially, without an airworthiness certificate, for the limited purpose
of co nducting aeri al video and photography within the National Airspace System . By granting this Petition, the FAA Administrator will be fulfilling the Congressional mandate of the FAA Modernization and Reform Act of 2012, while also advancing the interests of the public, by allowing TackleBox Entertainment LLC to safely, efficiently, and economically o perate the DJI Phantom 2, Phantom 3 and DJI Inspire 1 UASs commercially within the National Airspace System

. **WHEREFORE** , in accordance with the Federal Aviation R egulations and the FAA Modernization and Reform Act of 2012, Section 333, TackleBox Entertainment LLC respectfully requests that the Administrator grant this Petition for an exemption from the requirements of 14 C.F.R Sections 61.113(a) & (b), 91.7(a), 91. 121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b), and permit TackleBox
Entertainment LLC to o perate the DJI Phantom 2, Phantom 3 and DJI Inspire 1 UASs commercially for the purpose of conducting aerial video and photo grap hy within the National Airspace System

.37 Da te d: September 2 6 , 2015 Respectfully submitted,

TackleBox Entertainment LLC Shaun Silva, President

_________________________ TackleBox Entertainment LLC 1200 Clinton Street Su ite 241 Nashville, TN 37203 shaun@tackleboxfilms.com

Appendic es :
A

– DJI Phantom 2 Specifications Data Sheet B

– DJI Phantom 3 Specifications Data Sheet C

– DJI Inspire 1 Specifications Data Sheet D

– DJI Phantom 2 Manufacturer’s User Manual E

-- DJI Phantom 3 Manufacturer’s User Manual F

– DJI Inspire 1 Manufacturer’s User Manual G

– Monthly Maintenance Log38 APPENDIX

– A **DJI PHANTOM 2 TECHNICAL**  **SPECIFICATIONS**
TackleBox Entertainment LLC only utilizes safe and reliable UASs. DJI is an industry leader in small UAS production. DJI UASs are loaded with ground breaking software enabling the user to set parameters which will not allow flight into controlled airspace. Parameters can also be set to limit flight to no higher than a predetermined and set altitude as well as limit f l ight to a predetermined and set distance. In addition, DJI software provides real

- time altitude and location information to the PIC via the linked monitor (smart phone/t ablet devices)
1.1 DJI Phantom 2
1.1.1 Aircraft 1.1.1.1 Supported Battery

– DJI 5200mAH LiPo Battery 1.1.1.2 Weight (Battery & Propellers Included)

– 2lbs 11.810oz (1242g) 1.1.1.3 Hover Accuracy (Ready to Fly)

– Vertical: .8m; Horizontal: 2.5m 1.1.1.4 Max Yaw Angular Velocity

- 200 0 /s 1.1.1.5 Max Tilt Angel

- 35 0 1.1.1.6 Max Ascent Speed

– 6m/s 1.1.1.7 Max Descent Speed

– 2m/s 1.1.1.8 Max Flight Speed

– 15m/s (NOT RECOMMENDED)
1.1.2 Gimbal 1.1.2.1 Working Current

– Static: 750mA; Dynamic: 900mA 1.1.2.2 Control Accuracy

- ±0.03 0 1.1.2.3 Controllable Range

– Pitch:

- 90 0

- 0 0 1.1.2.4 Maximum Angular Speed

– Pitch: 90 0 /s
1.1.3 Camera 1.1.3.1 Operating Temperature Range

- 32 0 F

- 104 0 F (0 0 C

- 40 0 C) 1.1.3.2 Sensor Size

– 1/2.3” 1.1.3.3 Effective Pixels

– 14M 1.1.3.4 Resolution

– 4384x3288 4.1.3.5 HD Video Recording

– 1080p30 & 720p 4.1.3.6 Recording Field of View

- 110 0 /85 0
1.1.4 Transmitter 1.1.4.1 Operating Frequency

– 5.728GHz

– 5.85GHz 1.1.4.2 Communication Distance (unobstructed)

– FCC Compliance: 800m 1 .1.4.3 Receiver Sensitivity (1%PER)

- - 93dBm 1.1.4.4 Transmitter Power

– FCC Compliance: 100mW 1.1.4.5 Working Voltage

– 120mA@3.7V39 APPENDIX

– B **DJI PHANTOM 3 TECHNICAL SPECIFICATIONS** 
TackleBox Entertainment LLC only utilizes safe and reliable UASs. DJI is an industry leader in small UAS production. DJI UASs are loaded with ground breaking software enabling the user to set parameters which will not allow flight into controlled airspace. Parameters can also be set to limit flight to no higher than a predet ermined and set altitude as well as limit f l ight to a predetermined and set distance. In addition, DJI software provides real

- time altitude and location information to the PIC via the linked monitor (smart phone/tablet devices)
1.1 DJI Phantom 3
1.1.1 Aircraft 1.1. 1.1 Supported Battery

– DJI 4480 mAH LiPo Battery 1.1.1.2 Weight (Battery & Propellers Included)

– 1280g 1.1.1.3 Hover Accuracy (Ready to Fly)

– Vertical: .8m; Horizontal: 2.5m 1.1.1.4 Max Yaw Angular Velocity

- 200 0 /s 1.1.1.5 Max Tilt Angel

- 35 0 1.1.1.6 Max Ascent Speed

– 5 m/s 1.1.1.7 Max Descent Speed

– 3 m/s 1.1.1.8 Max Flight Speed

– 16m/s
1.1.2 Gimbal 1.1.2.1 Working Current

– Static: 750mA; Dynamic: 900mA 1.1.2.2 Control Accuracy

- ±0.03 0 1.1.2.3 Controllable Range

– Pitch:

- 90 0 to +30 0 1 .1.2.4 Maximum Angular Speed

– Pitch: 90 0 /s
1.1.3 Camera 1.1.3.1 Operating Temperature Range

- 32 0 F

- 104 0 F (0 0 C

- 40 0 C) 1.1.3.2 Sensor Size

– 1/2.3” 1.1.3.3 Effective Pixels

– 14M 1.1.3.4 Resolution

– 4384x3288 4.1.3.5 HD Video Recording

– 1080p30 & 720p 4.1.3.6 Recording Field of View

- 110 0 /85 0
1.1.4 Transmitter 1.1.4.1 Operatin g Frequency

– 2.400 GHz

– 2.483GHz 1.1.4.2 Communication Distance (uno bstructed)

– FCC Compliance: 2000 m 1.1.4.3 Receiver Sensitivity (1%PER)

- - 93dBm 1.1.4.4 Transmitt er Power

– FCC Compliance: 20 dbm; CE: 16 dbm 1.1. 4.5 Working Voltage

– 1.2A @ 7.4V40 APPENDIX

– C **DJI INSPIRE 1 TECHNICAL SPECIFICATIONS** 
TackleBox Entertainment LLC only utilizes safe and reliable UASs. DJI is an industry leader in small UAS production. DJI UASs are loaded with ground breaking software enabling the user to set parameters which will not allow flight into controlled airspace. Parameters can also be set to limit flight to no higher than a predetermined and set altitude as well as limit f l ight to a predetermined and set distance. In addition, DJI software provides real

- time altitude and location information to the PIC via the linked monitor (smart phone/t ablet devices) 2.2 DJI Inspire 1
2.2.1 Aircraft 2.2.1.1 Model

– T600 2.2.1.2 Weight (Battery Included)

– 6lbs 7.5291oz (2935g) 2.2.1.3 Hovering Accuracy (GPS Mode)

– Vertical: 0.5m; Horizontal: 2.5m 2.2.1.4 Max Angular Velocity

– Pitch: 3000/s; Yaw: 1500/s 2.2.1.5 Max Tilt Angle

- 350 2.2.1.6 Max Ascent Speed

– 5m/s 2.2.1.7 Max Descent Speed

– 4m/s 2.2.1.8 Max Speed

– 22m/s (ATTI mode, no wind

– NOT RECOMMENDED) 2.2.1.9 Max Flight Altitude

– 4500m 2.2.1.10 Max Wind Resistance

– 10m/s 2.2.1.11 Max Flig ht Time

– Approximately 18 minutes 2.2.1.12 Motor Model

– DJI 3510 2.2.1.13 Propeller Model

– DJI 1345 2.2.1.14 Operating Temperature Range

– 140F to 1040F (

- 100C to 400C) 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

- ±0.030 2.2.2.5 Mounting

– Detachable 2.2.2.6 Controllable Range

– Pitch:

- 900 to +300; Pan: ±3200 2 .2.2.7 Mechanical Range

– Pitch:

- 1250 to 450; Pan: ±3300 2.2.2.8 Max Controllable Speed

– Pitch: 1200/s; Pan: 1800/s

2.2.3 Camera 2.2.3.1 Name

– X3 2.2.3.2 Model

– FC35041 2.2.3.3 Total Pixels

– 12.76M 2.2.3.4 Effective Pixels

– 12.4M 2.2.3.5 Image Max Size

– 4000x3000 2.2.3.6 ISO Range

– 100

- 3200 2.2.3.7 Field of View

- 940 2.2.3.8 CMOS

– Sony EXMOR 1/2.3” 2.2.3.9 HD Video Recording

– UHD(4K): 4096x2160p24/25, 3840x2160p24/25/30; FHD: 1920x1080p24/25/30/48/50/60; HD: 1280x720p24/25/30/48/50/60 2.2.3.10 Operating Temperature Range

- 320F

- 1040F (00C

- 400C)

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 Temp erature Range

- 140F to 1040F (

- 100C to 400C) 2.2.4.6 Battery

– 600mAh LiPo 2S42 APPENDIX

– D
DJI Phantom 2 Manufacturer’s User Manual43 APPENDIX

– E
DJI Phantom 3 Manufacturer’s User Manual44 APPENDIX

– F DJI Inspire 1 Manufacturer’s User Manual45 A PPENDIX

– G UAS Maintenance Log