UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

FEDERAL AVIATION ADMINISTRATION WASHINGTON, DC

Regulatory Docket No. FAA

- 2007

- 0001

IN THE MATTER OF THE PETITION FOR EXEMPTION OF: Box5 Media, LLC FOR AN EXEMPTION SEEKING RELIEF FROM THE REQU IREMENTS 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 3 VISION+ UNMANNED AIRCRAFT

SYS TEMS

PURSUANT TO SECTION 333 OF

THE FAA MODERNIZATION AND REFORM ACT OF 2012 (PUBLIC LAW 112

- 95)

Submitted on July 6 th

, 2015

Box5 Media, LLC

1401 6 th Ave South Clear Lake, IA 50428

515

- 229

- 2986 adam@box5media.com2 TABLE OF CONTENTS

Page

GLO SSARY 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 SEC TIONS OF 14 C.F.R. FROM WHICH BOX5 MEDIA, LLC

SEEKS EXEMPTION

................................ ................................ ......... 8

THE EXTENT OF RELIEF BOX5 MEDIA, LLC SEEKS AND THE REASON BOX5 MEDIA, LLC SEEKS THE RELIEF...............

................................ ...... 11

THE REASONS WHY GRANTING BOX5 MEDIA, 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 THE FEDERAL REGISTER.

.... 34

ANY ADDITIONAL INFORMATION, VIEWS, OR ARGUMENTS

AVAILABLE TO SUPPORT BOX5 MEDIA, 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 Certif icate 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 Mo dernization 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

Box5 Media, 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

Box5 Media, LLC to operate an Unmanned Aircraft System (UAS) for the commercial

purpose of conducting aerial video and photography of construction si tes, real estate,

special events, film sets, and landscape over certain areas of the United States and US

Virgin Islands.

INTRODUCTION AND INTERESTS OF THE PETITIONER

Box5 Media, LLC provides its clients with quality digital content for use in their

comme rcial, personal, and non

- profit multimedia projects. Box5 Media, LLC has

established themselves as a technological innovator in aerial videography & photography

and is recognized as a leader in providing a quality product. Box5 Media, LLC has over 8

year s experience in all aspects of aerial video and photography , and the pilots of the

unmanned aircraft hold Commercial Pilot/Instrument Ratings in manned aircraft . The

objective of Box5 Media, LLC ’s aerial video and photography operations is to provide

high qu ality imaging for a variety of commercial, public, and residential uses, specifically

targeting:

• Aerial Real Estate photography

• Aerial Real Estate Video

• Corporate Videography5 BACKGROUND6 Unmanned Aircraft Systems: DJI Phantom 3 Vision UAS

Box5 Media, LLC seeks an exemption to operate DJI systems for compensation or

hire within the NAS. The DJI Phantom 3 Vision+ is a vertical takeoff and landing

(VTOL) Unmanned Aircraft (UA) with a Ground Control Station (GCS) utilizing

electronic tablet or smart phone systems. The DJI Phantom 3 Vision+ has 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 Phantom 3 Vision+ UA is equ ipped with four main rotors; driven by Lithium

Polymer battery powered electric motors.

The DJI Phantom 3 Vision+ UA that will be operated by Box5 Media, 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, Box5 Media, LLC , pursuant to the provisions of the Federal Aviation

Regulations (14 C.F.R. § 11.6 1) and the FAA Modernization and Reform Act of 2012

(FMRA), Section 333, Special Rules for Certain Unmanned Aircraft Systems

, hereby

petitions the Administrator to commercially operate the DJI Phantom 3 Vision UAS in the

National Airspace System (NAS), and for an exemption from the requirements of 14 C.F.R

§§ 61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) &

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

In consideration of the speed, weight, size, and limited operating area associated

with the unmanned aircraft and its operation, Box5 Media, LLC operation of DJI7 Phantom 3 Vision+ 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.

Accordi ngly, Box5 Media, LLC requests relief from Sections 91.405(a),

91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b), as these sections set forth

requirements for maintenance that only apply to aircraft with an airworthiness certificate.

Box5 Media, LLC submits that the requested relief is proper since an equivalent

level of safety will be ensured. Box5 Media, LLC will use experienced personnel or

technicians to perform maintenance, alterations, or preventive maintenance on the UASs

using the methods, te chniques, and practices prescribed in the operating documents (i.e.,

Monthly Maintenance Log, and DJI Phantom 3 Vision+ Instruction Manual). Furthermore,

Box5 Media, LLC will document and maintain all maintenance records for the DJI

Phantom 3 Vision+ UAS.

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

privileges and limitations: Pilot in command , is requested by Box5 Media, LLC to the

extent necessary to allow a Pilot in Command (PIC) holding a private pilot or higher level

certificate, as well as an airman medical certificate, and who has demonstrated, by meeting

minimum flight

- hour and currency requirements, that the PIC is able to safely operate the

DJI Phantom 3 Vision+ UAS in a manner consistent with this exemptio n, including

evasive and emergency maneuvers and maintaining appropriate distances from people,

vessels, vehicles and structures.

Box5 Media, LLC seeks relief from Section 91.7(a), entitled Civil aircraft

airworthiness , because the DJI Phantom 3 Vision+ U AS do not require an airworthiness

certificate in accordance with 14 C.F.R. Part 21, Subpart H. As such, Box5 Media, LLC8 submits that it will ensure that the DJI Phantom 3 Vision+ UAS are in an airworthy

condition, prior to every flight, by determining th at the UASs are in compliance with the

operating documents (i.e., Monthly Maintenance Log, and DJI Phantom 3 Vision+

Instruction Manual), and that the aircraft are in a condition for safe flight.

Box5 Media, LLC also seeks an exemption from the requirement s of Section

91.121, entitled Altimeter Settings , as the DJI Phantom 3 Vision+ UA will not have a

typical barometric altimeter onboard. However, altitude information of the DJI Phantom 3

Vision+ UA will 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 Box5

Media, LLC ’s operation of the DJI Phantom 3 Vision+ UAS within visu al line of sight, at

or below 400 feet AGL, will ensure a level of safety equivalent to Section 91.121.

Additionally, Box5 Media, LLC seeks an exemption from the requirements of

Section 91.151(b), entitled Fuel requirements for flight in VFR conditions

. Bo x5 Media,

LLC submits that safety will not be affected by operation of the DJI Phantom 3 Vision+

UA during daylight hours in visual meteorological conditions (VMC) under visual flight

rules (VFR), with enough battery power to fly for a total duration of ap proximately 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.

In accordance with 14 C.F.R. § 11.81, Box5 Media, LLC provides the following

information in support of its peti tion for exemption:

A. Name And Address Of The Petitioner.

The name and address of the Petitioner and point of contact is:9 Box5 Media, LLC

1401 6 th Ave South Clear Lake, IA 50428

Email : adam@box5media.com

B. The Specific Sections Of 14 C.F.R. From Which Box5 Media, LLC Seeks Exemption.

1. Box5 Media, 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 rele vant 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 pri vate 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. Box5 Media, 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. Box5 Media, LLC Exemption From The Requirements Of Section

91.121.

Section 91.121, entitled Altimeter settings, subsection (a), states the following, in

part:1

0 (a) Each person operating an aircraft shall maintain the cruising altitude or flight

level of th at 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) there is no statio n within the area prescribed in paragraph (a)(1)(i) of this section, the current reported altimeter setting of an appropriate available station; or

(iii) 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. Box5 Media, LLC Exemption From The Requirements Of Section 91.151(b).

Section 91.151, entitled Fuel requirements for flight in VFR conditions

, subsection

(b), states the following:

(b) No person may begin a flight in a rotorcraft under VFR conditions unless (considering wind and forecast weather conditions) there is enough fuel to fly to the first point of intended landing and, assuming normal cruising speed, to fly after that for at least 20 minutes.

5. Box5 M edia, LLC 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. Box5 Media, LLC From The Requirements Of Section 91.407(a)(1)

Section 91.407, e ntitled Operation after maintenance, preventive maintenance,

rebuilding, or alteration , subsection (a)(1), states the following:10 (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. Box5 Media, LLC Seeks Exemption From The Requirements Of Sections 91.409(a)(1) And 91.409(a)(2).

Section 91.409, entitled Inspections , subsection (a), stat es 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

--

(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. Box5 Media, LLC Exemption From The Requirements Of Sections 91.417(a) An d 91.417(b).

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

following:

(a) Except for work performed in accordance with §§ 91.411 and 91.413, each registered owner or operator shall keep the following records 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, annual, progressive, and other required or approved inspections, as appropriate, for each aircraft (including the a irframe) 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 si gnature, and certificate number of the person approving the

aircraft for return to service.11 (2) Records containing the following information:

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

each rotor.

(ii) The current status of life

- limited parts of each airframe, engine, propeller, rotor, and appliance.

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

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

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

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

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

(1) The records specified in paragraph (a)(1) of this section shall be retained

u ntil 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 def ects 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 Box5 Media, LLC Seeks And The Reason Box5 Media, LLC

S eeks The Relief.

1. Extent Of Relief Box5 Media, LLC Seeks And The Reason Box5 Media, LLC Seeks Relief From Section 61.113(a) And (b).12 Relief from Section 61.113(a) and (b) entitled Private pilot privileges and

limitations: Pilot in command , is requested to the extent necessary to allow a PIC holding a

private pilot or higher level certificate, as well as a current and valid airman medical

certificate, and who has met certain flight

- hour and currency requirements, to conduct the

proposed UAS flight operation s for compensation 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, Box5 Media, LLC submits that an equivalent level

of safety will be maintained beca use no PIC will be allowed to operate the DJI Phantom 3

Vision+ UAS UA 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 Vision+ UAS

in a manner consistent w ith 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, Box5 Media, LLC submits that all flights of th e DJI Phantom 3 Vision+

UAS, conducted by the PIC pursuant to the grant of this Petition: (1) will be incidental to

Box5 Media, LLC business; and (2) will not carry passengers or property for compensation

or hire.

2. Extent Of Relief Box5 Media, LLC Seeks And The Box5 Media, LLC Seeks Relief From Section 91.7(a).13 Relief from Section 91.7(a) entitled Civil aircraft airworthiness , is requested to the

extent required to allow Box5 Media, LLC to determine that the DJI Phantom 3 Vision+

UAS are in airworthy condit ion prior to every flight by ensuring that the UAS is in

compliance with the operating documents (i.e., the Box5 Media, LLC Aerial Operations

Manual, Monthly Maintenance Log, and DJI Phantom 3 Vision+ Instruction Manual).

Box5 Media, LLC seeks the requeste d relief because the DJI Phantom 3 Vision+

UAS do not require an airworthiness certificate in accordance with 14 C.F.R. Part 21,

Subpart H. Therefore, Box5 Media, LLC will ensure that the DJI Phantom 3 Vision+ UAS

are in airworthy condition based upon its compliance with the operating documents (i.e.,

Monthly Maintenance Log, and DJI Phantom 3 Vision+ Instruction Manual) prior to every

flight, and further, determine that the aircraft are in condition for safe flight, as stated in the

conditions and limitati ons below.

3. Extent Of Relief Box5 Media, LLC Seeks And The Reason Box5 Media, LLC Seeks Relief From Section 91.121.

Relief from Section 91.121, entitled Altimeter settings, may be required to allow

flight operations of the DJI Phantom 3 Vision+ UAS, which utilize a barometric pressure

sensor, GPS equipment, and a radio communications telemetry data link to downlink

altitude information from the UA to the PIC at the ground control station (GCS). Since the

FAA requires that any altitude information concerning UAS operations be reported to air

traffic control (ATC) in feet above ground level (AGL), Box5 Media, LLC seeks the

requested relief because the DJI Phantom 3 Vision+ UA’s altimeter may be set on the

ground to zero feet AGL, rather than the local barometr ic pressure or field altitude, before

each flight.14 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 ful ly set forth herein, an equivalent level of safety will

be maintained since the DJI Phantom 3 Vision+ 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 Box5 Media, LLC Seeks And The Box5 Media, LLC Relief From Section 91.151(b).

Relief from Section 91.151(b) entitled Fuel r equirements for flight in VFR

conditions, is requested to the extent required to allow flights of the battery powered DJI

Phantom 3 Vision+ UAs during daylight hours in visual meteorological conditions (VMC),

under visual flight rules (VFR), for a total du ration 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. Box5 Media, LLC seeks the requested relief because without an exemption from

Section 91.151(b), the flight time d uration of the battery powered DJI Phantom 3 Vision+

UA will severely constrain the practicality of any aerial video or still photo flight

operations that Box5 Media, LLC proposes to conduct pursuant to this Petition.

Significantly, as set forth below, the technical specifications of the DJI Phantom 3

Vision+ UAS, the DJI Phantom 3 Vision+ operating documents, and Box5 Media, LLC ’s

proposed operating limitations, ensure that Box5 Media, LLC will safely operate the

battery powered DJI Phantom 3 Vision+ UAs d uring daylight hours in visual

meteorological conditions (VMC), under visual flight rules (VFR), with enough battery15 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.

5. Extent Of Relief Box5 Media, LLC Seeks And The Reason Box5 Media, 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, Box5 Media, LLC requests relief

from these Sections because the DJI Phantom 3 Vision+ UAS does not require

airworthiness certificates. As set forth more fully below, the DJ I Phantom 3 Vision+ UAS

meets the conditions of FMRA Section 333 for operation without an airworthiness

certificate. Accordingly, Box5 Media, 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 Box5

Media, LLC Aerial Operations Manual, Monthly Maintenance Log, and DJI Phantom 3

Vision+ Instruction Manual). Furthermore, Box5 Media, LLC will document and mai ntain

all maintenance records for the DJI Phantom 3 Vision+ UAS.

D. The Reasons Why Granting Box5 Media, 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 i nterest by allowing Box5

Media, LLC to safely, efficiently, and economically perform aerial video and photogra phy

of Homes and Land for sale, Places of Lodging, Golf Courses, and other commercial

properties and entities seeking the described services for m arketing purposes over certain

areas of the United States and the US Virgin Islands

.

Additionally, use of the DJI Phantom 3 Vision+ UAS will decrease congestion of

the NAS, reduce pollution, and provide significant benefits to the economy. Notably, the

ben efits of Box5 Media, LLC ’s proposed operation of the DJI Phantom 3 Vision+ UAS16 will be realized without implicating any privacy issues.17 1. The Public Will Benefit From Decreased Congestion Of The NAS.

The DJI Phantom 3 Vision+ UA are battery powered and ser ve 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 of a DJI Phantom 3 Vi sion+ 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 3 Vision+ UA do not require an airport to takeoff or land. Likewise, a

reduction of manned aircraft conducting aerial video and photography missions would

result in fewer aircraft that must be handled by air traffic control during the ground,

takeoff, departure, arrival, and landing phases of flight operations.

2. The Public Will Benefit From The Safety And Efficiency Of The DJI

Phantom 3 Vision+ UAS.

Conduct ing aerial acquisitions with the DJI Phantom 3 Vision+ 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

ope rations. By using battery power and electric motors, the DJI Phantom 3 Vision+ UAS

produce no air pollution, and is the most viable environmentally conscious alternative to

the cabin class, six cylinder internal combustion engine aircraft that are typicall y utilized

for aerial video and photography, while burning approximately 20

- 30 gallons per hour of

leaded aviation fuel. The DJI Phantom 3 Vision+ UA, while reducing the carbon footprint18 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 Vision+ UAS to perform aerial acquisitions, the

substantial risk to life and property in the air and on the ground, which is usually

ass ociated 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 Vision+ UA (weighing approximately 2 pounds 11 ou nces 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 damag e to life and property

on the ground, and in the air, compared to the manned aircraft that typically conduct

similar operations (weighing approximately 6,000 pounds with a wingspan of

approximately 42 feet, a length of 34 feet, and a fuel capacity of 180 g allons).

3. Performing Aerial Video and Photography Operations w ith The DJI

Phantom 3 Vision+ UAS Will Benefit The Economy.

In addition to being safe and efficient, the DJI Phantom 3 Vision+ is also an

economical alternative to using manned aircraft to condu ct similar aerial operations. As

such, operation of the DJI Phantom 3 Vision+ UAS will allow United States based

companies, like Box5 Media, LLC , to remain competitive and contribute to growth of the

U.S. economy. Specifically, with the rising cost of avia tion 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 Ph antom 3 Vision+ UAS is one

such technology that not only allows companies greater operational flexibility compared to19 manned aircraft, but provides such flexibility without the high operational cost of a

traditional manned aircraft.

By operating the DJI P hantom 3 Vision+ UAS, companies such as Box5 Media,

LLC , can remain competitive and profitable, and therefore, provide greater job stability to

employees and contractors, which will ultimately contribute to growth of the U.S.

economy. Improved financial pe rformance of U.S. companies, through commercial use of

the DJI Phantom 3 Vision+ UAS, 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, Box5 Media, LLC proposed operation of the DJI Phantom 3 Visi on+ UAS will

not implicate any privacy issues. Specifically, the DJI Phantom 3 Vision+ UAS will be

operated only in compliance with operating documents (i.e., the Box5 Media, LLC Aerial

Operations Manual, Monthly Maintenance Log, and DJI Phantom 3 Vision+ 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.

E. The Reasons Why Grantin g 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 Box5 Media, LLC Seeks Exemption.

1. Reasons Why The DJI Phantom 3 Vision+ UA Meet The Conditions Of The FAA Modernization and Reform Act of 2012 (FMRA) Section 333.20 In consideration of the size, weight, speed, and limited operating area associated

with the unmanned aircraft and its operation, Box5 Media, LLC operation of the DJI

Phantom 3 Vision+ UAS m eet 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 f or considering whether a UAS will create a

hazard to users of the NAS or the public, or otherwise pose a threat to national security.

Specifically, FMRA Section 333 states the following, in part:

(a) In General.

-- Notwithstanding any other requirement of this s ubtitle, and not later than 180 days after the date of enactment of this Act, the Secretary of Transportation shall determine if certain unmanned aircraft systems may operate safely in the national airspace system before completion of the plan

and rulemaki ng 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 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 populated areas, and operation within visual line of sight do not create a hazard to users of the national airspace system or the public o r pose a threat to national security; and

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

(c) Requirements for Safe Operation.

-- If the Secretary determines under this section that certain unmanned aircraft systems may operate safely in the national airspace system, the Secretary shall establish requirements for the safe

op eration of such aircraft systems in the national airspace system.

In seeking this exemption, Box5 Media, LLC submits that the DJI Phantom 3

Vision+ UAS can operate safely in the NAS pursuant to FMRA Section 333, as20 demonstrated by: (a) the characteristic s of the DJI Phantom 3 Vision+ UAS; (b) the pilot

certification requirement; and (c) the specific operating limitations.

a. The Specifications Of The DJI Phantom 3 Vision+ UAS Demonstrate Its

Safe Characteristics.

The DJI Phantom 3 Vision+ UAS does not creat e 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 3 Vision+ UAS.

The technical specifications of the D JI Phantom 3 Vision+ UAS is set forth by the

DJI Phantom 3 Vision+ Specifications and Data Sheet, attached hereto as Exhibit A.

ii. The DJI Phantom 3 Vision+ UAS Autonomous Flight And Navigation Modes Enable The UAS To Remain Within A Defined Operational Area.

The DJI Phantom 3 Vision+ UAS may be operated in both manual and fully

autonomous flight modes. A complete description of the flight and navigational modes of

the DJI Phantom 3 Vision+ UAS is provided at pages 25

- 35 of the DJI Phantom 3 Vision+

User Manu al, attached hereto as Exhibit B.

iii. The DJI Phantom 3 Vision+ UAS Are Designed For Automatic

Return To Home Point Or Hover In The Event Of Loss Of The Control Link Or Navigation.

When the Control Link is lost, the DJI Phantom 3 Vision+ UA will remain

statio nary, in flight, for 3 seconds or more. If, after 3 seconds, the DJI Phantom 3 Vision+

UA does not reacquire control link data from the GCS, the UA will assume that the

Control Link is lost and the UA will return to the home position (i.e., failsafe mode) via

GPS, and will descend to the takeoff position and shutdown.21 A complete description of the Failsafe Functions of the DJI Phantom 3 Vision+

UAS are set forth at pages 27 through 29 of the DJI Phantom 3 Vision+ User Manual,

attached hereto as B.

iv. The DJI Phantom 3 Vision+ GCS And Its Operation.

A complete description of the operation and specifications of the DJI Phantom 3

Vision+ GCS and flight control software is provided at pages 32 through 43 of the DJI

Phantom 3 Vision+ User Manual. DJI Phantom 3 Vis ion+ User Manual is attached hereto

as Exhibit B.

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

Observer.

Box5 Media, LLC will only utilize certificated pilots who possess a current and

valid airman medical certificate to act as a pilot in command (PIC) of the DJI Phantom 3

Vision+ UAS. Additionally, a safety observer will assist all pilots during flight time.

c. Flights Of DJI Phantom 3 Vision+ UAS Will Be Conducted Pursuant T o Specific Operating Limitations.

In seeking this exemption, proposes to commercially operate DJI Phantom 3

Vision+ UAS for the special purpose of conducting aerial video and photography over

certain areas of United States, pursuant to the following speci fic 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 Phantom 3 Vision+ Unmanned

Ai rcraft System. 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.22 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 an d 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 len ses, 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 requi rement as long as the PIC always maintains VLOS capability. The SO and PIC must be able to communicate verbally at all times. Electronic messaging or texting is not permitted during flight operations. The PIC must be designated before the flight and cannot transfer his or her designation for the duration of the flight. The PIC must ensure that the SO can perform the functions prescribed in the operating documents.

8. The SO must not perform any other duties beyond assisting the PIC with seeing and avoiding ot her 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 Administra tor upon request. If a discrepancy exists between the conditions and limitations contained in the grant of exemption and the procedures outlined in the operating documents, the conditions and limitations contained in the grant of exemption take precedence and must be followed. Otherwise, the operator must follow the procedures as outlined in its operating documents. The operator may update or revise its operating documents. It is the operator’s responsibility to track such revisions and present updated and revised documents to the Administrator upon request. The operator must also present updated and revised documents if it petitions for extension or 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 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 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 mainte nance has been performed and the UAS is found to be in a condition for safe flight. The Ground Control Station must be included in the23 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 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. 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 manu facturer’s aircraft/component, maintenance, overhaul, replacement, inspection, and life limit requirements.

14. The operator must carry out its maintenance, inspections, and record keeping requirements, in accordance with the operating documents. Maintenance, inspection, alterations, and status of replacement/overhaul component parts must be noted in the 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.

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 lo gged 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 tr aining, 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. §

19.1. All operations must be conducted under visual meteorological conditions (VMC). If flight at night is required, a special request will be made

at the FAA24 office closest to proposed ar ea 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 as required by the operator’s COA. The letter of agreement with the airport management must be made available to the Administrator upon request.

21. The UA may no t 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 wit hin 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 operating 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 remaining.

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

26. All aircraft operated in accordanc e 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 condu cting operations, the radio frequency spectrum used for operation and control of the UA must comply with the Federal Communications Commission (FCC) or other appropriate government oversight agency requirements.

28. The documents required fewer than 14 C.F.R. 91.9 and 91.203 must be available to the PIC at the Ground Control Station of the UAS any time the UAS is operating. These documents must be made available to the Administrator or any law enforcement official upon request.25 29. The UA must remain clear and yi eld 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. All operations shall be conducted over private or controlled

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

32. Any incident, accident, or flight operation that transgresses the lateral or

ve rtical 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 contain ed 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.

Box5 Media, LLC submits that the equivalent level of safety esta blished by Section

61.113(a) and (b) will be maintained because no PIC will be allowed to operate the DJI

Phantom 3 Vision+ UAS unless that PIC has demonstrated, by meeting minimum flight

hour and currency requirements, that the PIC is able to safely opera te the DJI26 Phanto m 3 Vision+ UAS in a manner consistent with the exemption, including evasive and

emergency maneuvers and maintaining appropriate distances from people, vessels,

vehicles and structures.

Considering Box5 Media, LLC proposed area of operati ons, 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 Vision+ UAS, Box5

Media, LLC submits that the additional manned airmanship experience of a commercially

certificated pilot would not correlate to the airmanship skills necessary for Box5 Media,

LLC 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,

11136, 1113 8, 11150, 11153, 11156, 11158, 11159, 11160, 11161).

Box5 Media, LLC will not allow any PIC to operate the DJI Phantom 3 Vision+

UAS unless that PIC has demonstrated, by meeting minimum flight

- hour requirements or

the DJI Phantom 3 Vision+ UAS training an d currency requirements, that the PIC is able

to safely operate the DJI Phantom 3 Vision+ UAS in a manner consistent with this

exemption, including evasive and emergency maneuvers and maintaining appropriate

distances from people, vessels, vehicles and str uctures.

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 o f27 UAS to be used for operations under the exemption). In addition to the hour requirements,

the PIC must accomplish 3 takeoffs and landings in the preceding 90 days (for currency

purposes).

As in Exemption Nos. 11062, 11138, and 11153, prior documented fl ight

experience that was obtained in compliance with applicable regulations will ensure an

equivalent level of safety during Box5 Media, LLC proposed operations. The

Administrator has held that prior documented flight experience that was obtained in

compli ance with applicable regulations would ensure safe operations, stating as follows:

In Exemption No. 11062, the FAA required that prior to conducting operations for the purpose of motion picture filming (or similar operations), the PIC must have

accumulated and logged, in a manner consistent with 14 CFR 61.51(b), 25 hours of total time as a UAS rotorcraft pilot including at least 10 hours logged as a UAS pilot with a multi

- rotor UAS. Prior to operations under Exemption No. 11062, the

PIC must also have accum ulated 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 preced ing 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 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, Box5 Media, LLC will ensure safe operations by not allowing any

PIC to operate the DJI Phantom 3 Vision+ UAS unless that PIC has demonstrated, by

meeting minimum flight

- hour and currency requirements, that the PIC is able to safely

operate the DJI Phantom 3 Vision+ UAS in a manner consistent with the exemption,28 including evasiv e29 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 Safety.

The equivalent level of safety established by Section 91.7(a) will be maintained

because prior to every flight, Box5 Media, LLC will ensure that the DJI Phantom 3

Vision+ UAS is in an airworthy condition based upon the UAS’s compliance wit h 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 Vision+ UA 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

information, combined with Box5 Media, LLC ’s operation of the DJI Phantom 3 Vision+

UA within visual line of sight, at or below 500 feet AGL, will ensure a level o f 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 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. Exemption30 Nos. 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11112, 11136, 11138,

11150, 11153, 1 1156, 11157, 11158, 11159, 11160, 11161).

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

A grant of this exemption would ensure an equivalent level of safety established by

14 C.F.R. Section 91.151( b) as a result of (1) the technical specifications of the DJI

Phantom 3 Vision+ UAs; (2) the limitations on the proposed flight operations; and (3) the

location of the proposed flight operations. Accordingly, Box5 Media, LLC will ensure that

it will safely operate the battery powered DJI Phantom 3 Vision+ UA during daylight

hours in VFR conditions, 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 th at for at least 4.5 minutes.

Here, as in Exemption No. 11109, the technical specifications of the DJI Phantom 3

Vision+ 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 Vision+ UAS

provide audible and visual warnings to the PIC at the GCS when the UAs experiences low

battery voltage, the first warning occurring at a pproximately 33% remaining battery power,

and again at approximately 10% remaining battery power. At the critically low battery

level, the DJI Phantom Vision+ UAS will descend and land automatically.

Significantly, previous exemptions granted by the FAA co ncerning Section 91.151

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 S ection 91.151, including30 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, 10 808, 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, Box5 Media, 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 Box5 Media, LLC 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., the Box5 Media, LLC Aerial

Operations Manual, Monthly Maintenance Log, and DJI Phantom 3 Vision+ Instruction

Manual).

Furthermore, Box5 Media, LLC will document and maintain all maintenance records for

the DJI Phantom 3 Vision+ UAS.

Since the DJI Phantom 3 Vision+ UAS will be inspected as prescribed by the

operating documents, Box5 Media, LLC will maintain the equivalent level of safety

established by Sections 91.405(a), 91.409(a)(1), and 91.409(a)(2). A copy of the DJI

Phantom 3 Vision+ User Manuals are attached hereto as Exhibit B; a copy of the DJI

Phantom 3 Vision+ UAS Maintenance LOG is attached hereto as Exhibit C.

Likewise, the exemption sought will not adversely affect safety because Box5

Media, LLC will use trained techni cians to perform maintenance, alterations or preventive31 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 b y Sections 91.407, 91.417(a) and 91.417(b), because all maintenance of the

DJI Phantom 3 Vision+ UAS will be performed by trained technicians. Maintenance will

be documented and maintained utilizing the monthly maintenance log.

Significantly, previous exem ptions granted by the FAA concerning Sections

91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b) establish that safety is

not adversely affected when the technical characteristics and operating limitations of the

UAS are considered.

In con sideration of Box5 Media, LLC proposed operating limitations, the operating

documents, and the technical aspects of the DJI Phantom 3 Vision+ UAS, Box5 Media,

LLC submits that safety will not be adversely affected by granting exemption from 14

C.F.R. Secti ons 91.405(a), 91.407(a)(1) and (a)(2), 91.409(a)(2), and 91.417(a) and (b).

The FAA has previously granted relief specific to UAS in circumstances similar, in all

material respects, to those presented herein (e.g. Exemption Nos. 11062, 11063, 11064,

11065 , 11066, 11067, 11080, 11109, 11110, 11112, 11136, 11138, 11150,

11153, 11156, 11157, 11158, 11159, 11160, 11161).

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

In accordance with Section 333 of the FAA Modernization and Reform Act of 20 12

(FMRA) and 14 C.F.R. § 21.16 entitled Special Conditions, Box5 Media, LLC requests

that the FAA prescribe special conditions for the intended operation of the DJI Phantom 3

Vision+ UAS, which contain such safety standards that the Administrator finds ne cessary32 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 conditio ns will permit safe

operation of the UAs for the limited purpose of conducting aerial video and photography

over certain areas of the United States for compensation or hire. FMRA Section 333 sets

forth the requirements for considering whether a UAS will cr eate 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 f or 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 Vision+ UAS, since the airworthiness

regulations of 14 C.F.R. Part 21 do not contai n adequate or appropriate safety standards,

due to the novel or unusual design features of the aircraft. Section 21.16, entitled Special

Conditions, states the following:

If the FAA finds that the airworthiness regulations of this subchapter do not 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.

Th e 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 regu lations.

See 14 C.F.R. § 21.16.

Therefore, in accordance with FMRA Section 333 and 14 C.F.R. § 21.16, the FAA

may prescribe special conditions for Leading Edge’s intended operation of the DJI

Phantom 3 Vision+ UAS, which contain such safety standards tha t the Administrator finds

necessary to establish a level of safety equivalent to that established by 14 C.F.R. Part 21,33 Subpart H, and 14 C.F.R Sections 61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a),

91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.4 17(a) & (b).

F. A Summary That Can Be Published In The Federal Register, stating: The Rules

From Which Box5 Media, LLC Seeks Exemption:

Box5 Media, 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 Box5 Media, LLC

Seeks:

This exemption will permit Box5 Media, LLC to commercially operate an Unmanned Aircraft System (UAS) for the purpo se of conducting aerial video and photography over certain areas of the United States.

G. Any Additional Information, Views, Or Arguments Available To Support Box5 Media, LLC 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, Box5 Media, LLC request for exemption

may be granted pursuant to the authority of FMRA Section 333 and 14 C.F.R. Par t 11, as

set forth above.

FMRA Section 333 sets forth the requirements for considering whether a UAS will

create a hazard to users of the NAS or the public, or otherwise pose a threat to national

security; and further, provides the authority for such UAS t o operate without airworthiness

certification.

As discussed in detail above, Box5 Media, LLC will operate the DJI Phantom 3

Vision+ 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.

CONCLUSION34 As set forth herein, Box5 Media, LLC seeks an exemption pursuant to 14 C.F.R.

§ 11.61 and Section 333 of the FAA Modernization and Reform Act of 2012 (FMRA),

which will permit safe operation of the DJI Phantom 3 Vision+ UAS commerci ally,

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 interests of the public, by allowing Box5

Media, LLC to safely, efficiently, and economically operate the DJI Phantom 3 Vision+

UAS commercially within the NAS.

WHEREFORE , in accordance with t he Federal Aviation Regulations and the FAA

Modernization and Reform Act of 2012, Section 333, Box5 Media, 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 Vision+ UAS commercially for the purpose of conducting aerial video and

photography over certain areas of the United States.

Dated: July 6 th

, 2015

Respectfully submitted,

Box5 Media, LLC

Box5 Media, LLC

1401 6 th Ave South

Clear La ke, IA 50428

515

- 229

- 2986 adam@box5media.com35 Appendices :

A

– DJI Phantom 3 Vision+ Specifications Data Sheet

B

– DJI Phantom 3 Vision+ Manufacturer’s User Manual

C

– Monthly Maintenance Log

APPENDIX

– A

DJI PHANTOM 3 VISION+ TECHNICAL SPECIFICATIONS

Box5 Media, LLC only utilizes safe and r eliable 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 hi gher than a predetermined and set altitude as well as limit flight 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)

DJI Phant om 3 Vision+

Aircraft Supported Battery

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

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

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

- 200 0 /s Max Tilt Angel

- 35 0 Max Ascent Speed

– 6m/s Max Descent Speed

– 2m/s Max Flight Speed

– 15m/s (NOT RECOMMENDED)

Gimbal Working Current

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

- ±0.03 0
Controllable Range

– Pitch:

- 90 0

- 0 0
Maximum Angular Spe ed

– Pitch: 90 0 /s

Camera Operating Temperature Range

- 32 0 F

- 104 0 F (0 0 C

- 40 0 C)

Sensor Size

– 1/2.3”

Effective Pixels

– 14M

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

– 5.85GHz36 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@3.7V

1.1.5 Range Extender

1.1.5.1 Operating Freq uency

– 2412

- 2462MHz

1.1.5.2 Communication Distance (unobstructed)

– 500

- 700m

1.1.5.3 Transmitter Power

– 20dBm

1.1.5.4 Power Consumption

– 2W37 APPENDIX

– B

DJI Phantom 3 Vision+ Manufacturer’s User Manual38 APPENDIX

– C

MONTHLY	MAINTENANCE LOG

month: year:

UAS #: Date Issue

Discovered Date Issue

Addressed Issue	Description	&	Maintenance Conducted Maintenance	Performed By:

Print	& Sign

Software Updates

Airframe

Engines

Propellers

Camera Gimbal

Landing Gear

Vi bration Dampening

Other:

Box5 Media, LLC 6025 E Coyote Wash Dr. Scottsdale, AZ 85266

Tel: 602

- 448

- 0078

Email: davethebassplr@aol.com39