1 | P a g e

February 2, 2016

Attn: U. S. Department of Transportation Docket Operations West Building Ground Floor, Room w12

- 140 1200 New Jersey Ave, SE Washington, DC 20590

RE: CUNNINGWORKER PRODUCTIONS , LLC REQUEST AN EXEMPTION 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 Phant om 3, DJI Inspire 1, DJI Matrice 100, DJI Phantom Vision 2 Plus, UNMANNED AIRCRAFT SYSTEMS PURSUANT
TO SECTION 333 OF THE FAA MODERNIZATION AND REFORM ACT OF 2012 (PUBLIC
LAW 112

- 95)

Katonya Gray
Co

- Owner CunningWorker Productions , LLC
110 Calhoun S treet
Jackson

, MS 39203
601.291.4447 katonyag11@yahoo.com2 | P a g e

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 PETITIONER.......................................... ...............................7

THE SPECIFIC SECTIONS OF 14 C.F.R. FROM WHICH THE CUNNINGWORKER

PRODUCTIONS, LLC SEEKS EXEMPTION...................................................... ..................8

THE EXTENT OF RELIEF THE CUNNINGWORKER PRODUCTIONS, LLC SEEKS AND

THE REASON THE CUNNINGWORKER PRODUCTIONS, LLC SEEKS THE

RELIEF................................. .............................11

THE REASONS WHY GRANTING THE CUNNINGWORKER PRODUCTIONS, LLC REQUES T

WOULD BE IN THE PUBLIC INTEREST .......................................... ..............................14

THE REASONS WHY GRANTING THE EXEMPTION TO THE CUNNINGWORKER PRODUCTIONS,

LLC WOULD NOT ADVERSELY AFFECT SAFETY................................

........ ......................16

SUMMARY THAT CAN BE PUBLISHED IN THE FEDER AL REGISTER...................27

ANY ADDITIONAL INFORMATION, VIEWS, OR ARGUMENTS AVAILABLE TO SUPPORT

THE CUNNINGWORKER PRODUCTIONS, LLC REQUEST.........................

.................... .....27

CONCLUSION....................................................................................... ..............................28

APPENDICES...... ................................................................................... 293 | P a g e

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 | P a g e

SUMMARY

CUNNINGWORKER PRODUCTIONS , LLC hereafter r eferred to as CUNNINGWORKER

PRODUCTIONS 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 ( Ph antom 3, DJI Inspire 1, DJI Phantom Vision 2 Plus, DJI Matrice 100 ) pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (FMRA). This exemptio n will permit CUNNINGWORKER PRODUCTIONS to operate an Unmanned Aircraft System (UAS) for the commercial purpose of conducting aerial video a nd photography of construction sites, residential and commercial real estate, civil landscapes and events over certain
areas of the United States.

INTRODUCTION AND INTERESTS OF THE PETITIONER

CUNNINGWORKER PRODUCTIONS has for over ten years provided th eir clients (which include private sector businesses and non

- profits, along with local state agencies) with expertise and knowledge in video and advertising, public relations and training using advanced technologies and
solutions. The CUNNINGWORKER PRODUCT IONS has worked on hundreds of productions over the past 10 years in all types of locations with a perfect client and employee safety record. The objective of CUNNINGWORKER PRODUCTIONS and our Unmanned Aircraft System (DJI Phantom 3, DJI Inspire 1, DJI Pha ntom Vision 2 Plus, DJI Matrice 100) aerial operations is to provide a more affordable, high

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

• Construction sites before and after

• App raisals

• Real

- estate marketing

• Economic development

• Civic landmarks

• Special event coverage

• Private and governmental training

• Films, Documentaries, Music Videos

My staff has safely flown small RC electric quadcopters recreationally for approximately 2 years
without incident.

BACKGROUND

Unmanned Aircraft Systems: DJI Phantom 3, UAS

CUNNINGWORKER PRODUCTIONS seeks an exemption to operate DJI Phantom 3 system for compensation or hire within the NAS. The DJI Phantom 3 is vertical takeoff and landing (VTOL) Unmanned Aircraft (UA) with a Ground Control Station (GCS) utilizing electronic t ablet or smart5 | P a g e

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 52.5’fps and a maximum flying height of 400'. The DJI Phantom 3 is equipped wit h four main rotors; driven by Lithium Polymer battery powered electric motors.

CUNNINGWORKER PRODUCTIONS seeks an exemption to operate DJI Inspire 1 system for compensation or hire within the NAS. The DJI Inspire 1 is vertical takeoff and landing (VTOL) Unmanned Aircraft (UA) with a Ground Control Station (GCS) utilizing electronic tablet or smart phone systems. The DJI Inspire 1 has a maximum gross weight of approximately 6.5 lb. while having a diagonal dimension of 25.9”, a maximum speed of approximatel y 72.1’fps and a maximum flying height of 400'. The DJI Inspire 1 is equipped with four main rotors; driven by Lithium Polymer battery powered electric motors.

CUNNINGWORKER PRODUCTIONS seeks an exemption to operate DJI Phantom 2 Vision Plus system for c ompensation or hire within the NAS. The DJI Phantom 2 Vision Plus is vertical takeoff and landing (VTOL) Unmanned Aircraft (UA) with a Ground Control Station (GCS) utilizing electronic tablet or smart phone systems. The DJI Phantom 2 Vision Plus has a maxi mum gross weight of approximately 2.7 lb. while having a diagonal dimension of 13.8”, a maximum speed of approximately 49.2’fps and a maximum flying height of 400'. The DJI Phantom 2 Vision Plus is equipped with four main rotors; driven by Lithium Polymer battery powered electric motors.

CUNNINGWORKER PRODUCTIONS seeks an exemption to operate DJI Matrice 100 system for compensation or hire within the NAS. DJI Matrice 100 is vertical takeoff and landing (VTOL) Unmanned Aircraft (UA) with a Ground Control S tation (GCS) utilizing electronic tablet or smart phone systems. DJI Matrice 100 has a maximum gross weight of approximately 5.2 lb. while having a diagonal dimension of 23.2”, a maximum speed of approximately 72.1’fps and a maximum flying height of 400'. DJI Matrice 100 is equipped with four main rotors; driven by Lithium Polymer battery powered electric motors.

The DJI Phantom 3, DJI Inspire 1, DJI Phantom Vision 2 Plus, DJI Matrice 100 that will be operated by CUNNINGWORKER PRODUCTIONS will be register ed 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, CUNNINGWORKER PRODUCTIONS, pursuant to the provisions of the Federal Aviation Regulations (14 C.F.R. § 11.61) and the FAA Modernization and Reform Act of 2012 (FMRA), Section 333, Special Rules for Certain Unmanned Aircraft Systems , hereby peti tions the Administrator to commercially operate the DJI Phantom 3, DJI Inspire 1, DJI Matrice 100, DJI

Phantom Vision 2 Plus , 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),6 | P a g e

91.409(a)(1) & (a)(2), and 91.417(a) & (b).

In consideration of the speed, weight, size, and limited operating area associated with the unmanned aircraft and its operation, CUNNINGWORKER PRODUCTIONS operation of DJI Phantom 3, DJI Inspire 1, DJI Matrice 100, DJI Phantom Vision 2 Plus UAS meets the conditions of FMRA Section 333 and therefore, will not require an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H.

Accordingly, CUNNINGWORKER PRODUCTIONS 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 an airworthiness certificate.

The CUNNINGWORKER PRODUCTIO NS submits that the requested relief is proper since an equivalent level of safety will be ensured. CUNNINGWORKER PRODUCTIONS will use experienced personnel or technicians to perform maintenance, alterations, or preventive maintenance on the UAS using the methods, techniques, and practices prescribed in the operating documents (i.e., Monthly Maintenance Log, and DJI Phantom 3, DJI Inspire 1, DJI Matrice 100, DJI Phantom Vision
2 Plus Instruction Manual). Furthermore, CUNNINGWORKER PRODUCTIONS 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 CUNNINGWORKER PRODUCTIONS to the extent

ne cessary 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 meeting minimum flight

- hour and currency requirements, that the PIC is able to safely oper ate the DJI Phantom 3, DJI Inspire 1, DJI Matrice 100, DJI Phantom Vision 2 Plus UAS in a manner consistent with this exemption, including evasive and emergency maneuvers and maintaining appropriate distances from people, vessels, vehicles and structures.

CUNNINGWORKER PRODUCTIONS seeks relief from Section 91.7(a), entitled Civil aircraft
airworthiness , because the DJI Phantom 3 UAS do not require an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H. As such, CUNNINGWORKER PRODUCTIONS submits that they will ensure that the DJI Phantom 3, DJI Inspire 1, DJI Matrice 100, DJI Phanto m Vision 2 Plus UAS is in an airworthy condition, prior to every flight, by determining that the UAS are in compliance with the operating documents (i.e., Monthly Maintenance Log, and DJI Phantom 3, DJI Inspire 1, DJI Matrice 100, DJI Phantom Vision 2 Plus Instruction Manual), and that the aircraft are in a condition for safe flight.

CUNNINGWORKER PRODUCTIONS also seeks an exemption from the requirements of Section 91.121, entitled Altimeter Settings , as the DJI Phantom 3, DJI Inspire 1, DJI Matrice 100, DJI
Phantom Vision 2 Plus UAS will not have a typical barometric altimeter onboard. However, altitude
information of the DJI Phantom 3, DJI Inspire 1, DJI Matrice 100, DJI Phantom Vision 2 Plus UAS will be provided to the PIC via Global Positioning System (GPS) equipment and radio7 | P a g e

communications telemetry data link, which downlinks from the UA to the GCS for active monitoring of the flight path. This altitude information, combined with CUNNINGWORKER PRODUCTIONS operation of the DJI Phantom 3, DJI Inspire 1, DJI Matrice 100, DJI Phantom Vision 2 Plus UAS within visual line of sight, at or below 400 feet AGL, will ensure a level of safety equivalent to
Section 91.121.

Additionally, CUNNINGWORKER PRODUCTIONS seeks an exemption from the requirements of
Section 91.151(b), entitled Fuel requirements for flight in VFR conditions . CUNNINGWORKER PRODUCTIONS submits that safety will not be affected by operation of the DJI Phantom 3, DJI Inspire 1, DJI Matrice 100, DJI Phantom Vision 2 Plus UAS during daylight hours i n visual meteorological conditions (VMC) under visual flight rules (VFR), with enough battery power to fly for a total duration of approximately 15

- 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, CUNNINGWORKER PRODUCTIONS 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:

Katonya Gray
Co

- Owner CunningWorker Productions, LLC
110 Calhoun Street Jackson, MS 39203
601.291.4447
k atonyag11@yahoo.com8 | P a g e9 | P a g e

B. The Specific Sections Of 14 C.F.R. From Which CUNNINGWORKER
PRODUCTIONS Seeks Exemption.

1. CUNNINGWORKER PRODUCTIONS Seeks Exemption From The Requirements Of Section 61.113(a) And (b).

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

, subse ctions (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 co mpensation 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. The CUNNINGWORKER PRODUCTIONS Seeks Exemption From The Requirements Of Section 91.7(a).

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

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

3. The CUNNINGWORKER PRODUCTIONS Seeks Exemption From The Requirements Of Section 91.121.

Section 91.121, entitled Altimeter settings, subsection (a), states the fo llowing, 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 reported 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 available station; or

(iii) iii) In the case of an aircraft not equipped with a radio, the10 | P a g e

elevation of the departure airport or an appropriate altimeter setting available before depar ture.

4. The CUNNINGWORKER PRODUCTIONS 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 roto rcraft under VFR conditions unless (considering wind and forecast weather conditions) there is enough fuel to fly to the first point of intended landing and, assuming normal cruising speed, to fly after that for at least 20 minutes.

5. CUNNINGWORKER PRODUCTIONS 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 pres cribed 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. CUNNINGWORKER PRODUCTIONS 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. CUNNINGWORKER PRODUCTIONS Seeks Exemption From The Requirements Of Sections 91.409(a)(1) An d 91.409(a)(2).

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

(a) Except as provided in paragraph (c) of this section, no person may operate an aircraft unless, within the preceding 12 calendar months, it has had

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(1) An annual inspection in accordance with part 43 of this chapter and has been approved for return 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.

8. CUNNINGWORKER PRODUCTIONS Seeks Exemption From The Requirements Of Sections 91.417(a) And 91.417(b).

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

(a) Except for work performed in accordance w ith §§ 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, and
alteration and records of the 100

- hour, annua l, 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 l ast overhaul of all items installed on the aircraft which are required to be overhauled on a specified time basis.

(iv) The current inspection status of the aircraft, including the time since the last inspection required by the inspection program under which the aircraft and its appliances are
maintained.12 | P a g e

(v) The current status of applicable airworthiness directives (AD) and safety directives including, for each, the method of compliance, the AD or safety directive number and revision date. If the AD or safety di rective involves recurring action, the time and date when the next action is required.

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

(b) The owner or operator shall retain the following records for the periods prescribed:

(1) The records specified in paragraph (a)(1) of this section shall be retained until the work is repeated or superseded by other work or for 1 year after the work is performed.

(2) The records specified in paragraph (a)(2) of this section shall be 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 CUNNINGWORKER PRODUCTIONS Seeks And The Reason
The CUNNINGWORKER PRODUCTIONS Seeks The Relief.

1. Extent Of Relief CUNNINGWORKER PRODUCTIONS Seeks And The Reason
CUNNINGWORKER PRODUCTIONS 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 ne cessary 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 compensa tion or hire. This relief is requested since the limitations set 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) The flight is only incidental to that business or employment; and (2) The aircraft does not carry passengers or property for compensation or hire.

As set forth more fully below, CUNNINGWORKER PRODUCTIONS submits that an equivalent level of safety will be maintained becaus e no PIC will be allowed to operate the DJI Phantom 3 UAS unless that PIC has met certain flight

- hour and currency requirements, demonstrating that the PIC is able to safely operate either the DJI Phantom 3, DJI Inspire 1, DJI Matrice 100, DJI Phantom Visi on13 | P a g e

2 Plus UAS in a manner consistent with the operations specifications as described in this exemption, including evasive and emergency maneuvers, as well as maintaining appropriate distances from people, vessels, vehicles and structures.

Further, CUNNIN GWORKER PRODUCTIONS submits that all flights of the DJI Phantom 3, DJI Inspire 1, DJI Matrice 100, DJI Phantom Vision 2 Plus UAS, conducted by the PIC pursuant to the grant of this Petition: (1) will be incidental to CUNNINGWORKER PRODUCTIONS business; and (2) will not carry passengers or property for compensation or hire.

2. Extent O f Relief CUNNINGWORKER PRODUCTIONS Seeks And The Reason CUNNINGWORKER PRODUCITONS 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 CUNNINGWORKER PRODUCTIONS to determine that the DJI Phantom 3, DJI Inspire 1, DJI Matrice 100, DJI Phantom Vision 2 Plus UAS are in airworthy condition prior to every flight by ensuring that the UAS is in compliance with
the operating documents (i.e., CUNNINGWORKER PRODUCTIONS Aerial Operations Manual, Monthly Maintenance Log, and DJI Phantom 3, DJI Inspire 1, DJI Matri ce 100,
DJI Phantom Vision 2 Plus Instruction Manual).

CUNNINGWORKER PRODUCTIONS seeks the requested relief because the DJI Phantom 3, DJI Inspire 1, DJI Matrice 100, DJI Phantom Vision 2 Plus UAS do not require an
airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H. Therefore, The

CUNNINGWORKER PRODUCTIONS will ensure that the DJI Phantom 3, DJI Inspire 1, DJI Matrice 100, DJI Phantom Vision 2 Plus UAS are in airworthy condition based upon its compliance with the operating documents (i.e., Monthly Maintenance Log, and DJI Phantom 3, DJI Inspire 1, DJI Matrice 100, DJI Phantom Vision 2 Plus ) prior to every flight, and further, determine that the aircraft are in condition for safe flight, as stated in the conditions
and limitations bel ow.

3. Extent Of Relief CUNNINGWORKER PRODUCTIONS Seeks And The Reason
CUNNINGWORKER PRODUCTIONS 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, DJ I Inspire 1, DJI Matrice 100, DJI Phantom Vision 2
Plus UAS, which utilize a barometric pressure sensor, GPS equipment, and a radio communications telemetry data link to downlink altitude information from the UA to the PIC at the ground control station (GC S). Since the FAA requires that any altitude information concerning UAS operations be reported to air traffic control (ATC) in feet above ground level (AGL), CUNNINGWORKER PRODUCTIONS seeks the requested
relief because the DJI Phantom 3, DJI Inspire 1, DJI Matrice 100, DJI Phantom Vision 2
Plus UAS’s altimeter may be set on the ground to zero feet AGL, rather than the local barometric pressure or field altitude, before each flight.14 | P a g e

Considering the limited altitude of the proposed operations, relief from 1 4 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 Phantom 3, DJI Inspire 1, DJI Matrice 100, DJI Phantom Vision
2 Plus UAS are equipped with a barometric pressure sensor and GPS equipment, which automatically ensures that a ground level pressure setting will be established prior to each flight, and provides the PIC with altitude information of the UA on the heads

- up display
of the GCS.

4. Extent Of Relief CUNNINGWORKER PRODUCTIONS Seeks And The Reason
CUNNINGWORKER PRODUCTIONS Seeks Relief From Section 91.151(b). Relief from Section 91.151(b) entitled Fuel requirements for flight in VFR conditions, is requested to the extent required to allow flights of the battery powered DJI Phantom 3, DJI Inspire 1, DJI Matrice 100, DJI Phantom Vision 2 Plus UAS during daylight hours in visual meteorological conditions (VMC), under visual flight rules (VFR), for a total duration of 15

- 23 minutes. CUNNINGWORKER PRODUCTIONS seeks the requested relief because without an exemption from Section 91.151(b), the Significantly, as set forth below, the technical specifications of the DJI Phantom 3, DJI Inspire 1, DJI Matri ce 100, DJI Phantom Vision 2 Plus UAS, the DJI Phantom 3, DJI Inspire 1, DJI Matrice 100, DJI Phantom Vision 2 Plus operating documents, and

CUNNINGWORKER PRODUCTIONS proposed operating limitations, ensure that

CUNNINGWORKER PRODUCTIONS will safely operate the battery powered DJI Phantom 3, DJI Inspire 1, DJI Matrice 100, DJI Phantom Vision 2 Plus during daylight hours in visual meteorological conditions (VMC), under visual flight rules (VFR), with enough battery power to fly for a total duration of 15

- 23 minutes.

5. Extent Of Relief CUNNINGWORKER PRODUCTIONS Seeks And The Reason
CUNNINGWORKER PRODUCTIONS 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, CUNNINGWORKER PRODUCTIONS requests relief from these Sections because the DJI Phantom 3, DJI Inspire 1, DJI Matrice 100, DJI Phantom Vision 2 Plus UAS do not require airworthiness certificates. As set forth more fully below, the DJI Phantom 3, DJI Inspire 1, DJI Matrice 100, DJI Phantom Vision 2
Plus UAS meet the conditions of FMRA Section 333 for operation without an airworthiness certificate. Accordingly, CUNNINGWORKER PRODUCTIONS will use trained technicians to perform maintenance, alterations, or preventive maintenance on the UAS using the methods, techniques, and practices prescribed in the UAS op erating documents (i.e

., CUNNINGWORKER PRODUCTION S Aerial Operations Manual, Monthly Maintenance Log, and DJI Phantom 3, DJI Inspire 1, DJI Matrice 100, DJI Phantom Vision 2 Plus Instruction Manual). Furthermore, CUNNINGWORKER PRODUCTIONS will document
and maintain all maintenance records for the DJI Pha ntom 3 UAS.15 | P a g e

D. The Reasons Why Granting CUNNINGWORKER PRODUCTIONS 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

CUNNINGWORKER PRODUCTIONS to safely, efficiently, and economically perform aerial 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, DJI Inspire 1, DJI M atrice 100, DJI Phantom Vision
2 Plus UAS will decrease congestion of the NAS, reduce pollution, and provide significant benefits to the economy. Notably, the benefits of CUNNINGWORKER PRODUCTIONS proposed operation of the DJI Phantom 3, DJI Inspire 1, DJI Matrice 100, DJI Phantom
Vision 2 Plus UAS will be realized without implicating any privacy issues.

1. The Public Will Benefit From Decreased Congestion Of The NAS.

The DJI Phantom 3, DJI Inspire 1, DJI Matrice 100, DJI Phantom Vision 2 Plus UAS are batt ery powered and serve as a safe, efficient, and economical alternative to the manned aircraft traditionally utilized to obtain aerial imagery.

By reducing the amount of manned aircraft needed to perform aerial acquisitions, an exemption allowing the use o f a DJI Phantom 3, DJI Inspire 1, DJI Matrice 100, DJI Phantom Vison 2 Plus 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. DJI Phantom 3, DJI Inspire 1, DJI Matrice 100, DJI Phantom Vision 2 Plus UAS do not require a n airport to takeoff or land. Likewise, a reduction of manned aircraft conducting aerial video and photography missions would result in fewer aircraft that must be handled by air traffic control during the ground, takeoff, departure, arrival, and landing p hases of flight operations.

2. The Public Will Benefit From The Safety And Efficiency Of The DJI Phantom 3, DJI Inspire 1, DJI Matrice 100, DJI Phantom Vision 2 Plus UAS.

Conducting aerial acquisitions with the DJI Phantom 3, DJI Inspire 1, DJI Matrice 10 0, DJI
Phantom Vision 2 Plus UAS, instead of manned aircraft, will greatly benefit the public by drastically reducing the levels of air and noise pollution generated during traditional aerial video and still photography flight operations. By using battery power and electric motors, the DJI Phantom 3, DJI Inspire 1, DJI Matrice 100, DJI Phantom Vision 2 Plus UAS produce no air pollution, and is the most viable environmentally conscious alternative to the cabin class, six cylinder internal combustion engine a ircraft that are typically utilized for aerial video and photography, while burning approximately 20

- 30 gallons pe r hour of leaded aviation fuel. DJI16 | P a g e

Phantom 3, DJI Inspire 1, DJI Matrice 100, DJI Phantom Vision 2 Plus UAS, while reducing the carbon footpr int 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 3, DJI Inspire 1, DJI Matrice 100, DJI Phantom Vision 2 Plus UAS to perform aerial acquisitions, the substantial risk to life and property in the air and on the ground, which is usually associated with traditional manned aircraft flight operations, will be substantially reduced or completely eliminated. Aside from the lack of flight crew members located onboard the aircraft, the DJI Phantom 3, DJI Inspire 1, DJI Matrice 100, DJI Phantom Vision 2 Plus UAS (weighing approximately 2.8 pounds at their maximum gross weight with diagonal dimension of 23.2 inches, and with no fuel on board), has less physical potential for collateral damage to life and property on the ground, and in the air, compared to the manned aircraft that typically conduct similar operations (weighing approximately 6,000 pounds with a wingspan of appr oximately 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, DJI Inspire 1, DJI Matrice 100, DJI Phantom Vision 2 Plus UAS Will Benefit The Economy.

In addition to being safe and efficient, the DJI Phantom 3, DJI Inspire 1, DJI Matrice 100, DJI Phantom Vision 2 Plus UAS are also an economical alternative to using manned aircraft to conduct similar aerial operations. As such, operation of the DJI Phanto m 3, DJI Inspire 1, DJI Matrice 100, DJI Phantom Vision 2 Plus UAS will allow United States based companies, like
CUNNINGWORKER PRODUCTIONS , 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 companies must adopt new and alternative technology in order to remain competitive. Operating the battery powered DJI Phantom 3, DJI Inspire 1, DJI Matrice 100, DJI Phantom Vision 2 Plus 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 tradit ional manned aircraft.

By operating the DJI Phantom 3, DJI Inspire 1, DJI Matrice 100, DJI Phantom Vision 2 Plus UAS, companies such as CUNNINGWORKER PRODUCTIONS, can remain competitive and profitable, and therefore, provide greater job stability to emplo yees and contractors, which will ultimately contribute to growth of the U.S. economy. Improved financial performance of U.S. companies, through commercial use of the DJI Phantom 3, DJI Inspire 1, DJI Matrice 100, DJI Phantom Vision 2

Plus UAS, provides a s table 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, The CUNNINGWORKER PRODUCTIONS proposed operation of the DJI Phantom 3, DJI Inspire 1, DJI Matrice 100, DJI Phantom Vision 2 Plus UAS will not17 | P a g e

implicate any privacy issues. Specifically, the DJI Phantom 3 UAS will be operated only in compliance with operating documents (i.e., CUNNINGWORKER PRODUCTIONS Aerial Operations Manual, Monthly Maintenance Log, and DJI Phantom 3, DJI Inspire 1, DJI Matrice 100, DJI Phan tom Vision 2 Plus 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 § 91.119.

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 CUNNINGWORKER PRODUCTIONS Seeks Exemption.

1. Reasons Why DJI Phantom 3, DJI Inspire 1 , DJI Matrice 100, DJI Phantom Vision 2
Plus 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, CUNNINGWORKER PRODUCTIONS operation of the DJI Phantom 3, DJI Inspire 1, DJI Matrice 100, DJI Phantom Vision 2 Plus UAS meet the conditions of FMRA Section 333, and will not require an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H.

Section 333 provides authority for a UAS to operate without airworthiness certification and sets forth requirements for considering whether a UAS will create a hazard to users of the NAS or the public, or otherwise pose a 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 certain unmanned aircraft systems may operate safely in the nationa l 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 Systems.

-- In making the determination under subsection (a), the Secret ary 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 populated areas, and operation within visual line of sight do not create a hazard to users of the national airspace system or the public or pose a threat to national security; and

(2) whether a certificate of waiver, certificate of authorization, or airworthiness certification under section 44704 of title 49, United States C ode, is required for the operation of unmanned aircraft systems identified under paragraph (1).

(c) Requirements for Safe Operation.

-- If the Secretary determines under this section that certain unmanned aircraft systems may operate safely in the national air space system,18 | P a g e

the Secretary shall establish requirements for the safe operation of such aircraft systems in the national airspace system.

In seeking this exemption, CUNNINGWORKER PRODUCTIONS submits that the DJI Phantom 3, DJI Inspire 1, DJI Matrice 100, DJI Phantom Vision 2 Plus UAS can operate safely in the NAS pursuant to FMRA Section 333, as demonstrated by: (a) the characteristics of the DJI Phantom 3, DJI Inspire 1, DJI Matrice 100, DJI Phantom Vision 2 Plus UAS; (b) the pilot certification requirem ent; and (c) the specific operating limitations.

a. The Specifications Of The DJI Phantom 3, DJI Inspire 1, DJI Matrice 100, DJI
Phantom Vision 2 Plus UAS Demonstrate Its Safe Characteristics.

The DJI Phantom 3, DJI Inspire 1, DJI Matrice 100, DJI Phantom Vision 2 Plus UAS does 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.

b. Technical Specifications Of The DJI Phantom 3 , DJI Inspire 1, DJI Matrice 100, DJI
Phantom Vision 2 Plus UAS.

The technical specifications of the DJI Phantom 3, DJI Inspire 1, DJI Matrice 100, DJI Phantom

Vision 2 Plus UAS are set forth by the DJI Phantom 3, DJI Inspire 1, DJI Matrice 100, DJI

Phan tom Vision 2 Plus User Manual, attached hereto as Appendix A.

iii. The DJI Phantom 3, DJI Inspire 1, DJI Matrice 100, DJI Phantom Vision 2 Plus UAS Are Designed For Automatic Return To Home Point Or Hover In The Event Of Loss Of The Control Link Or Navigat ion.

When the Control Link is lost the DJI Phantom 3, DJI Inspire 1, DJI Matrice 100, DJI Phantom

Vision 2 Plus UAS will remain stationary, in flight, for 3 seconds or more. If, after 3 seconds, the DJI Phantom 3, DJI Inspire 1, DJI Matrice 100, DJI Phan tom Vision 2 Plus does not reacquire control link data from the GCS, the UAS will assume that the Control 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 complet e description of the Failsafe Functions of the DJI Phantom 3, DJI Inspire 1, DJI Matrice 100, DJI Phantom Vision 2 Plus 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, DJI Inspire 1, DJI Matrice 100, DJI Phantom Vision 2 Plus GCS And Its Operation.

A complete description of the operation and specifications of the DJI Phantom 3, DJI Inspire 1, DJI Matrice 100, DJI Phantom Vision 2 Plus GCS and flight contro l software is provided at pages 23 through 29 of the DJI Phantom 3 User Manual. DJI Phantom 3 User Manual is attached hereto as Appendix A.19 | P a g e

b. Flight Operations Of DJI Phantom 3, DJI Inspire 1, DJI Matrice 100, DJI Phantom
Vision 2 Plus UAS Is Limited To The Line Of Sight Of A Certificated Pilot in Command With A Safety Observer.
CUNNINGWORKER PRODUCTIONS video production staff will be the only persons to act as a pilot in command (PIC) of the DJI Phantom 3, DJI Inspire 1, DJI Matrice 100, DJI Phantom
Vi sion 2 Plus UAS. Additionally, a safety observer will assist him at all times during flight time.

c. Flights Of DJI Phantom 3, DJI Inspire 1, DJI Matrice 100, DJI Phantom Vision 2 Plus UAS Will Be Conducted Pursuant To Specific Operating Limitations.

In seeking this exemption, CUNNINGWORKER PRODUCTIONS proposes to commercially
operate DJI Phantom 3, DJI Inspire 1, DJI Matrice 100, DJI Phantom Vision 2 Plus UAS for the special purpose of conducting aerial video and photography over certain areas of United States, pursuant to the following specific operating limitations.

1. Operations authorized by this grant of exemption will be limited to the following aircr aft described in the operating documents, rotorcraft UAS weighing less than 55 pounds maximum gross weight: DJI Phantom 3, DJI Inspire 1, DJI Matrice 100, DJI Phantom
Vision 2 Plus Unmanned Aircraft Systems. Proposed operations of any other aircraft will

r equire a new petition or a petition to amend this grant.

2. UAS operations under this exemption will be limited to conducting operations for the purpose of aerial video and photography.

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

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

f eet 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 cert ificate.

6. The use of first person view (FPV) by the PIC or safety observer (SO) is not permitted.20 | P a g e

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. T he SO and PIC must be able to communicate verbally at all times. Electronic messaging or texting is not permitted during flight operations. The PIC must be designated before the flight and cannot transfer his or her designation for the duration of the flig ht. 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 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 exemption take precedence and must be followed. Otherwise, the operator

must fol low the procedures as outlined in its operating documents. The operator may update or revise its operating documents. It is the operator’s responsibility to track such revisions and present updated and revised documents to the Administrator upon request.

T he 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 exemption,

then t he 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 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 prohibited from operating until the necessary maintenance has been performed and the UAS is found to be in a condition for safe flight. The Ground Control Station must be included in the preflight inspection. All maintenance and alterations must be properly documented in the aircraft records.

11. Any UAS that has undergone maintenance or alterations that affect t he 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. 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.21 | P a g e

14. The operator must carry out its maintenance, inspections, and record keeping requirements, in accordance with the operating documents. Maintenance, inspection, alterations, and status of replacement/o verhaul 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 UAS operated under this exemption must comply with all manufacturer Safety
Bulletins.

16. The authorized person must make an entry in the aircraft record of the corrective action taken against discrepancies discovered between inspections.

17. 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 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 experience

- building flights, all persons not essential for flight operations ar e 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 co nducted under visual meteorological conditions (VMC). If flight at night is required, a special request will be made at the FAA office closest to proposed area of operations. Flights under special visual flight rules (SVFR) are not 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 unless a letter of agreement with that airport’s management is obtained, and the operation is conducted in accordance with a

NOTAM a s 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 must return to a pre determined location within the planned operating area and land or be recovered in accordance with the operating document s.22 | P a g e

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

24. The PIC is prohibited from beginning a flight unless (considering wind and forecast weather conditions) there is enough powe r 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 opera tions 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 air space requirements in the ATO issued COA including class of airspace, altitude level and potential transponder requirements.

26. All aircraft operated in accordance with the exemption must be identified by serial number, registered in accordance with 14 C.F. R. part 47, and have identification (N

Number) markings in accordance with 14 C.F.R. part 45, Subpart C. Markings must be as large as practicable.

27. Before conducting operations, the radio frequency spectrum used for operation and
control of the UA must co mply 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 tim e 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:

Barriers or structures are present that sufficient ly 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 a re within 500 feet of the UA, flight operations must cease immediately and/or;23 | P a g e

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;

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

32. All operations shall be conducted over private or controlled

- access property with permission from the land owner/controller or authorized representative. Permission from land owner/controller or authorized representative will be obtained for each flight to be
conducted.

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.

CUNNINGWORKER PRODUCTIONS submits that the equivalent level 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 demonstrated, by meeting minimum flight

- hour and currency requiremen ts, that the PIC is able to safely operate the DJI Phantom 3, DJI Inspire 1, DJI Matrice 100, DJI Phantom Vision 2 Plus UAS in a manner consistent with the exemption, including evasive and emergency maneuvers and maintaining appropriate distances from peop le, vessels, vehicles and structures.

Considering CUNNINGWORKER PRODUCTIONS proposed area of operations, and the operating 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 operate the DJI Phantom 3 UAS, CUNNINGWORKER PRODUCTIONS submits that the additional manned airmanship experience of a commercially certificated pilot would not correlate to the airmanship skills necessary for CUNNINGWORKER

PRODUCTIONS specific proposed flight operations.

The FAA has previously granted relief from Section 61.113(a) and (b) specific to UAS, in circumstances similar, in all material respects, to those presented herein (e.g. Exemption Nos. 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110, 11112, 1 1136, 11138, 11150, 11153, 11156, 11158, 11159, 11160, 11161).24 | P a g e

CUNNINGWORKER PRODUCTIONS will not allow any PIC to operate the DJI Phantom 3, DJI Inspire 1, DJI Matrice 100, DJI Phantom Vision 2 Plus UAS unless that PIC has demonstrated, by meeting minim um flight

- hour requirements or the DJI Phantom 3, DJI Inspire 1, DJI Matrice 100, DJI Phantom Vision 2 Plus UAS training and currency requirements, that the PIC is able to safely operate the DJI Phantom 3, DJI Inspire 1, DJI Matrice 100, DJI Phantom Vision 2 Plus 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 cons istent 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 operation the same make and model of UAS to be used for operations under the exemption). In addition to the hour r equirements, 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 wil l ensure an equivalent level of safety during CUNNINGWORKER PRODUCTIONS proposed operations. The Administrator has held that prior documented flight experience that was obtained in compliance with applicable regulations would ensure safe operations, statin g 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 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 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 minimu m, 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 obt ained 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 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, CUNNINGWORKER PRODUCTIONS will ensure safe operations by not allowing any PIC to operate the DJI Phantom 3, DJI Inspire 1, DJI Matrice 100, DJI Phantom
Vision 2 Plus UAS unless that PIC has demonstrated, by meeting minimum flight

- hour and25 | P a g e

currency requirements, that the PIC is able to safely operate the DJI Phantom 3, DJI Inspire 1, DJI Matrice 100, DJI Phantom Vision 2 Plus UAS in a manner consistent with the exemption, including evasive and emergency maneuvers and maintaining appropriate distances from people, vessels, vehicles an d structures.

3. Reasons Why An Exemption From The Requirements Of Section 91.7(a) Would Not Adversely Affect Safety.

The equivalent of safety established by Section 91.7(a) will be maintained because prior to every flight, CUNNINGWORKER PRODUCTIONS will ensure that the DJI Phantom 3, DJI Inspire 1, DJ1 Matricde 100, DJI Phantom Vision 2 Plus 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 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, DJI Inspire 1, DJI Matrice 100, DJI Phantom Vision 2

Plus 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 ac tive monitoring of the flight path and altitude. This altitude information, combined with CUNNINGWORKER PRODUCTIONS operation of the DJI Phantom 3, DJI Inspire 1, DJI Matrice 100, DJI Phantom Vision 2 Plus UAS within visual line of sight, at or below 500 f eet AGL, will ensure a level of safety equivalent to Section 91.121. The altitude information will be generated by GPS equipment installed onboard the aircraft. Prior to each flight, a zero altitude initiation point is automatically established by the

UAS at ground level.

The FAA has previously granted relief from Section 91.121 specific to UAS, in circumstances similar, in all material respects, to those presented herein (e.g. Exemption Nos. 11062, 11063, 11064, 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 establish ed by 14 C.F.R. Section 91.151(b) as a result of (1) the technical specifications of the DJI Phantom 3, DJI Inspire 1, DJI Matrice 100, DJI Phantom Vision 2 Plus UAS; (2) the limitations on the proposed flight operations; and (3) the location of the propos ed fli ght operations. Accordingly,

CUNNINGWORKER PRODUCTIONS will ensure that it will safely operate the battery26 | P a g e

powered DJI Phantom 3, DJI Inspire 1, DJI Matrice 100, DJI Phantom Vision 2 Plus UAS during daylight hours in VFR conditions, with enough b attery power to fly for a total duration of 15

- 23
minutes. Here, as in Exemption No. 11109, the technical specifications of the DJI Phantom 3, DJI Inspire 1, DJI Matrice 100, DJI Phantom Vision 2 Plus UAS; the limitations on the proposed flight operations; and the location of the proposed operations, will ensure an equivalent level of safety established by 14 C.F.R. Section 91.151(b). Furthermore, safety will be ensured as the DJI Phantom 3, DJI Inspire 1, DJI Matrice 100, DJI Phantom Vision 2 Plus UAS prov ide 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 battery level, the DJI Phantom 3 UAS will descend and land automatically.

Significantly, previous exemptions granted by the FAA concerning Section 91.151 establish that safety is not adversely affected when the technical characteri stics and operating limitations of the UAS are considered. Relief has been granted for manned aircraft to operate at less than the minimums prescribed in Section 91.151, including Exemption Nos. 2689, 5745, and 10650. Moreover, the FAA has previously grant ed relief from Section 91.151 specific to UAS, in circumstances similar, in all material respects, to those presented herein (e.g. Exemption Nos. 8811, 10808, 10673, 11042, 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110, 11136, 11138, 11150, 11153, 11156, 11157, 11158, 11159, 11160, 11161).

6. Reasons Why An Exemption From The Requirements Of Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), And 91.417(a) & (b) Would Not Adversely Affect Safety.

In seeking this exemption, CUNNINGWORKER PRODUCTIONS 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 CUNN INGWORKER PRODUCTIONS will use trained technicians to perform maintenance, alterations, or preventive maintenance on the UAS using the methods, techniques, and practices prescribed in the operating documents (i.e., CUNNINGWORKER

PRODUCTIONS Aerial Operatio ns Manual, Monthly Maintenance Log, and Phantom 3, DJI Inspire 1, DJI Matrice 100, DJI Phantom Vision 2 Plus Instr uction Manual). Furthermore,

CUNNINGWORKER PRODUCTIONS will document and maintain all maintenance records for
the Phantom 3, DJI Inspire 1 , DJI Matrice 100, DJI Phantom Vision 2 Plus UAS.

Since the DJI Phantom 3, DJI Inspire 1, DJI Matrice 100, DJI Phantom Vision 2 Plus UAS will be inspected as prescribed by the operating documents, CUNNINGWORKER PRODUCTIONS will maintain the equivalent le vel of safety established by Sections 91.405(a), 91.409(a)(1), and 91.409(a)(2). A copy of the DJI Phantom 3, DJI Inspire 1, DJI Matrice 100, DJI Phantom Vision
2 Plus User Manual is attached hereto as Appendix A.27 | P a g e

Likewise, the exemption sought will not adversely affect safety because CUNNINGWORKER

PRODUCTIONS 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.

Furthermor e, 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, DJI Inspire 1, DJI Matrice 100, DJI Phantom Vision 2 Plus UAS will be performed by t rained 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) establi sh that safety is not adversely affected when the technical characteristics and operating limitations of the UAS are considered.

In consideration of CUNNINGWORKER PRODUCTIONS proposed operating limitations, the operating documents, and the technical aspects of the DJI Phantom 3, DJI Inspire 1, DJI Matrice 100, DJI Phantom Vision 2 Plus UAS, CUNNINGWORKER PRODUCTIONS submits that safety will not be adversely affected by granting exemption from 14 C.F.R. Sections 91.405(a), 91.407(a)(1) and (a)(2), 91.409(a)(2), and 91.417(a) and (b). The FAA has previously granted relief specific to UAS in circumstances similar, in all material respects, to those presented herein (e.g. Exemption Nos. 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110, 11112, 11136, 11138, 11150, 11153, 11156, 11157, 11158, 11159, 11160, 11161).

7. The FAA May Prescribe Any Other Conditions For Safe Operation.

In accordance with Section 333 of the FAA M odernization and Reform Act of 2012 (FMRA) and 14 C.F.R. § 21.16 entitled Special Conditions, CUNNINGWORKER PRODUCTIONS requests that the FAA prescribe special conditions for the intended operation of the DJI Phantom 3, DJI Inspire 1, DJI Matrice 100, DJI Phantom Vision 2 Plus UAS, 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), 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 c ompensation 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 ope rate 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 operation of the DJI Phantom 3, DJI Inspire 1, DJI Matrice 100, DJI Phantom Vision 2 Plus UAS, since the airworthiness regulations of 14 C.F.R. Part 21 do not contain adequate or appropriate safety standards, due to the novel or unusual design features of the aircra ft. Section 21.16, entitled Special Conditions, states the following:28 | P a g e

If the FAA finds that the airworthiness regulations of this subchapter do not contain adequate or appropriate safety standards for an aircraft, aircraft engine, or propeller because of a novel or unusual design feature of the aircraft, aircraft engine or propeller, he prescribes special conditions and amendments thereto for the 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 special conditions for Leading Edge’s intended operation of the C.F.R. Part 21 do not contain adequate or appropriate safety UAS, which contain such safety standards that the Administrator
find s necessary to establish a level of safety equivalent to that established by 14 C.F.R. Part 21, Subpart H, and 14 C.F.R Sections 61.113

• A Summary That Can Be Published In The Federal Register, stating: The Rules From
Which CUNNINGWORKER PRODUCTIONS Seeks Exemption:

CUNNINGWORKER PRODUCTIONS 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 CUNNINGWORKER PRODUCTIONS
Seeks: This exemption will permit CUNNINGWORKER PRODUCTIONS to commercially operate an Unmanned Aircraft System (UAS) for the purpose of conducting aerial video and photography o ver certain areas of the United States.

• Any Additional Information, Views, Or Ar guments Available To Support
CUNNINGWORKER PRODUCTIONS Request.

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

(FMRA) Section 333, w hich directs the Secretary of Transportation to determine if certain UAS may operate safely in the NAS. As such, CUNNINGWORKER PRODUCTIONS request for exemption may be granted pursuant to the authority of FMRA Section 333 and 14 C.F.R. Part 11, as set fort h
above.

FMRA Section 333 sets forth the requirements for considering whether a UAS will create a hazard to users of the NAS or the public, or otherwise pose a threat to national security; and further, provides the authority for such UAS to operate witho ut airworthiness certification.29 | P a g e

As discussed in detail above, CUNNINGWORKER PRODUCTIONS will operate the DJI Phantom 3, DJI Inspire 1, DJI Matrice 100, DJI Phantom Vision 2 Plus 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, CUNNINGWORKER PRODUCTIONS 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, DJI Inspire 1, DJI Matrice 100, DJI Phantom Vision
2 Plus UAS commercially, without an airworthiness certificate, for the limited purpose of conducting aerial video and photography over certain areas of the United States. By granting this Petition, the FAA Administrator will be fulfilling the Congressional mandate of the FAA Modernization and Reform Act of 2012, while also advancing the intere sts of the public, by allowing

CUNNINGWORKER PRODUCTIONS to safely, efficiently, and economically operate the DJI Phantom 3, DJI Inspire 1, DJI Matrice 100, DJI Phantom Vision 2 Plus UAS commercially within
the NAS.

WHEREFORE , in accordance with the Federal Aviation Regulations and the FAA Modernization and Refom Act of 2012, Section 333, CUNNINGWORKER PRODUCTIONS, 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 Leading Edge to operate the DJI Phantom 3, DJI Inspire 1, DJI Matrice 100, DJI Phantom Vision 2 Plus UAS commercially for the purpose of conducting aerial video and photography over certain areas of the United States

.

Dated: February 2, 2016

Respectfully submitted,

Katonya Gray
Co

- Owner CunningWorker Productions , LLC
110 Calhoun Street
Jackson

, MS 39203
601.291.4447 katonyag11@yahoo.com30 | P a g e

Appendices :

A

– Link to DJI Phantom 3 Manual, DJI Inspire 1 Manual, DJI Matrice 100 Manual, DJI Phantom 2
Vision Plus Manual: Click on link below.

http://download.dji

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



### https://dl.djicdn.com/downloads/inspire_1/en/Inspire_1_User_Manual_en_v2.0_1218.pdf

http://download.dji

innovations.com/downloads/dev/Matrice/en/M100_ User_Manual_v1.4__en.pdf

http://dl.djicdn.com/downloads/phantom_2_vision_plus/en/Phantom_2_Vision_Plus_User_Man ual_v1.8_en.pdf